19 C.F.R. § 103.27 Procedure in the event of a demand for Customs information in a foreign proceeding.
Title 19 - Customs Duties
(a) Required prior approval for disclosure. In any foreign proceeding in which the Customs Service is not a party, no Customs employee shall, in response to a demand, furnish Customs documents or testimony as to any material contained in Customs files, any information relating to or based upon material contained in Customs files, or any information or material acquired as part of the performance of that person's official duties (or because of that person's official status) without the prior approval of the Chief Counsel, as described in paragraph (b) of this section. (b) Employee notification to Counsel. Whenever a demand in a foreign proceeding is made upon a Customs employee concerning pre-clearance activities within the territory of the foreign country, that employee shall immediately notify the appropriate Associate Chief Counsel responsible for the pre-clearance location. All other demands in a foreign proceeding shall be reported by Customs employees to the Chief Counsel. The Customs employee shall then await instructions from the Chief Counsel concerning the response to the demand. (c) Counsel notification to originating component. Upon receipt of a proper demand for Customs information, one which complies with the provisions of §103.22(c), if the Chief Counsel believes that it will comply with any part of the demand, it will immediately advise the originating component. (d) Conditions for authorization of disclosure. The Chief Counsel, subject to the terms of paragraph (e) of this section, may authorize the disclosure of Customs documents or the appearance and testimony of a Customs employee if: (1) Production of the demanded documents or testimony, in the judgment of the Chief Counsel, are appropriate under the factors specified in §103.23(a) of this subpart; and (2) None of the factors specified in §103.23(b) of this subpart exist with respect to the demanded documents or testimony. (e) Limitations on the scope of authorized disclosure. (1) The Chief Counsel shall authorize the disclosure of Customs information by a Customs employee without further authorization from Customs officials whenever possible, provided that: (i) If necessary, Counsel has consulted with the originating component regarding disclosure of the information demanded; (ii) There is no objection from the originating component to the disclosure of the information demanded; and (iii) Counsel has sought to limit the demand for information to that which would be consistent with the factors specified in §103.23 of this part. (2) In the case of an objection by the originating component, the Chief Counsel shall make the disclosure determination.
Title 19: Customs Duties
PART 103—AVAILABILITY OF INFORMATION
Subpart B—Production or Disclosure in Federal, State, Local, and Foreign Proceedings
§ 103.27 Procedure in the event of a demand for Customs information in a foreign proceeding.
