PART 103—AVAILABILITY OF INFORMATION Authority: 5 U.S.C. 301, 552, 552a; 19 U.S.C. 66, 1624; 31 U.S.C. 9701. Section 103.31 also issued under 19 U.S.C. 1431; Section 103.31a also issued under 19 U.S.C. 2071 note, 6 U.S.C. 943, 19 U.S.C. 1415, and 49 U.S.C. 44901 note; Section 103.33 also issued under 19 U.S.C. 1628; Section 103.34 also issued under 18 U.S.C. 1905. Source: T.D. 81-168, 46 FR 32565, June 24, 1981, unless otherwise noted. § 103.0 Scope. This part governs the production/disclosure of agency-maintained documents/information requested pursuant to the Freedom of Information Act (FOIA), as amended (5 U.S.C. 552), the Privacy Act of 1974, as amended (5 U.S.C. 552a), and/or under other statutory or regulatory provisions and/or as requested through administrative and/or legal processes. In this respect, this part contains regulations on production or disclosure in federal, state, local, and foreign proceedings and includes specific information pertaining to the procedures to be followed when producing or disclosing documents or information under various circumstances. In addition, this part contains regulations on other information subject to restricted access. As information obtained by CBP is derived from myriad sources, persons seeking information should consult with the appropriate field officer before invoking the formal procedures set forth in this part. The regulations in this part supplement the regulations of the Department of Homeland Security regarding public access to records found at 6 CFR part 5. For purposes of this part, the CBP Office of the Chief Counsel is considered to be a part of CBP. [CBP Dec. 15-16, 80 FR 71692, Nov. 17, 2015, as amended by CBP Dec. 20-09, 85 FR 31057, May 22, 2020] Subpart A—Production of Documents/Disclosure of Information Under the FOIA § 103.1 Public reading room. CBP maintains a virtual public reading room at http://foiarr.cbp.gov/ [CBP Dec. 15-16, 80 FR 71692, Nov. 17, 2015] § 103.2 Department of Homeland Security Freedom of Information Act procedures. Inorder to process requests for documents/information and appeals under the Freedom of Information Act (FOIA), as amended (5 U.S.C. 552), CBP applies the Department of Homeland Security FOIA regulations in 6 CFR part 5, subpart A. [CBP Dec. 15-16, 80 FR 71692, Nov. 17, 2015, as amended by CBP Dec. 20-09, 85 FR 31057, May 22, 2020] § 103.3 Department of Homeland Security Privacy Act procedures. Department of Homeland Security Privacy Act regulations. [CBP Dec. 15-16, 80 FR 71692, Nov. 17, 2015] §§ 103.4-103.13 [Reserved] Subpart B—Production or Disclosure in Federal, State, Local, and Foreign Proceedings Source: T.D. 96-36, 61 FR 19838, May 3, 1996, unless otherwise noted. § 103.21 Purpose and definitions. (a) Purpose. (2) This subpart does not cover those situations where the United States is a party to the action. In situations where the United States is a party to the action, CBP employees are instructed to follow internal CBP policies and procedures. (b) CBP employee. (c) CBP documents. (d) Originating component. (e) Disclosure to government law enforcement or regulatory agencies. (f) Disclosure to federal attorneys and the Court of International Trade. (g) Disclosure of non-CBP information. (h) Failure of CBP employee to follow procedures. (i) In camera inspection of records. in camera [61 FR 19838, May 3, 1996, as amended at 78 FR 70856, Nov. 27, 2013] § 103.22 Procedure in the event of a demand for CBP information in any federal, state, or local civil proceeding or administrative action. (a) General prohibition against disclosure. (b) Employee notification to Counsel. (c) Requesting party's initial burden. (d) Requesting party's notification requirement. (e) Counsel notification to originating component. (f) Conditions for authorization of disclosure. (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. (g) Limitations on the scope of authorized disclosure. provided (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. (h) Disclosure of commercial information. [61 FR 19838, May 3, 1996, as amended at 78 FR 70856, Nov. 27, 2013] § 103.23 Factors in determining whether to disclose information pursuant to a demand. (a) General considerations. (1) Whether the disclosure would be appropriate under the relevant substantive law concerning privilege; (2) Whether the disclosure would be appropriate under the rules of procedure governing the case or matter in which the demand arose; and, (3) Whether the requesting party has demonstrated that the information requested is: (i) Relevant and material to the action pending, based on copies of the summons and complaint that are required to be attached to the subpoena duces tecum (ii) Genuinely necessary to the proceeding, i.e., (iii) Unavailable from other sources; and, (iv) Reasonable in its scope, i.e., (4) Whether consultation with the originating component requires that the Chief Counsel make a separate determination as to the disclosure of the information requested. (b) Circumstances where disclosure will not be made. (1) Disclosure would violate a treaty, statute (such as the Privacy Act, 5 U.S.C. 552a, the Trade Secrets Act, 18 U.S.C. 1905, or the income tax laws, 26 U.S.C. 6103 and 7213), or a rule of procedure, such as the grand jury secrecy rule, Fed.R.Crim.Proc. rule 6(e) (18 U.S.C.App.); (2) Disclosure would violate a specific regulation; (3) Disclosure would reveal classified or confidential information; (4) Disclosure would reveal a confidential source or informant; (5) Disclosure would reveal investigatory records compiled for law enforcement purposes, interfere with enforcement proceedings, or disclose investigative techniques and procedures; (6) Disclosure would improperly reveal confidential commercial information without the owner's consent ( e.g., (7) Disclosure relates to documents which were produced by another agency or entity; (8) Disclosure would unduly interfere with the orderly conduct of CBP business; (9) CBP has no interest, records, or other official information regarding the matter in which disclosure is sought; (10) There is a failure to make proper service upon the United States; or (11) There is a failure to comply with federal, state, or local rules of discovery. [61 FR 19838, May 3, 1996, as amended at 78 FR 70856, Nov. 27, 2013] § 103.24 Procedure in the event a decision concerning a demand is not made prior to the time a response to the demand is required. If response to a demand is required before the instructions from the Chief Counsel are received, the U.S. Attorney, his/her assistant, or other appropriate legal representative shall be requested to appear with the CBP employee upon whom the demand has been made. The U.S. Attorney, his/her assistant, or other appropriate legal representative shall furnish the court or other authority with a copy of the regulations contained in this subpart, inform the court or other authority that the demand has been or is being, as the case may be, referred for the prompt consideration of the Chief Counsel, and shall respectfully request the court or authority to stay the demand pending receipt of the requested instructions. [61 FR 19838, May 3, 1996, as amended at 78 FR 70856, Nov. 27, 2013] § 103.25 Procedure in the event of an adverse ruling. If the court or other authority declines to stay the demand in response to a request made in accordance with § 103.24 pending receipt of instructions, or rules that the demand must be complied with irrespective of instructions rendered in accordance with §§ 103.22, 103.23, 103.26, or 103.27 of this subpart not to produce the documents or disclose the information sought, the CBP employee upon whom the demand has been made shall, pursuant to this subpart, respectfully decline to comply with the demand. See, United States ex rel. Touhy Ragen, [61 FR 19838, May 3, 1996, as amended at 78 FR 70856, Nov. 27, 2013] § 103.26 Procedure in the event of a demand for CBP information in a state or local criminal proceeding. Center directors, port directors, special agents in charge within the Office of Internal Affairs, chief patrol agents, directors within the Office of Air and Marine, directors of field laboratories, or any supervisor of such officials may, in the interest of federal, state, and local law enforcement, upon receipt of demands of state or local authorities, and at the expense of the State, authorize employees under their supervision to attend trials and administrative hearings on behalf of the government in any state or local criminal case, to produce records, and to testify as to facts coming to their knowledge in their official capacities. However, in cases where a defendant in a state or local criminal case demands testimony or the production of CBP documents or information, authorization from the Chief Counsel is required as under § 103.22 of this subpart. No disclosure of information under this section shall be made if any of the factors listed in § 103.23(b) of this subpart are present. [61 FR 19838, May 3, 1996, as amended at 78 FR 70856, Nov. 27, 2013; CBP Dec. 16-26, 81 FR 93017, Dec. 20, 2016] § 103.27 Procedure in the event of a demand for CBP information in a foreign proceeding. (a) Required prior approval for disclosure. (b) Employee notification to Counsel. (c) Counsel notification to originating component. (d) Conditions for authorization of disclosure. (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. (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. [61 FR 19838, May 3, 1996, as amended at 78 FR 70856, Nov. 27, 2013] Subpart C—Other Information Subject to Restricted Access § 103.31 Information on vessel manifests and summary statistical reports. (a) Disclosure to members of the press. (1) Of the information and data appearing on outward manifests, only the name and address of the shipper, general character of the cargo, number of packages and gross weight, name of vessel or carrier, port of exit, port of destination, and country of destination may be copied and published. However, if the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that disclosure of the above information is likely to pose a threat of personal injury or property damage, that information shall not be disclosed to the public. (2) Commercial or financial information, such as the names of the consignees, and marks and numbers shall not be copied from outward manifests or any other papers. (3) All the information appearing on the cargo declaration (CBP Form 1302) of the inward vessel manifest may be copied and published. However, if the Secretary of the Treasury makes an affirmative finding on a shipment-by-shipment basis that the disclosure of the information contained on the cargo declaration is likely to pose a threat of personal injury or property damage, that information shall not be disclosed to the press. (b) Review of data. (c) Disclosure to the public. (d) Confidential treatment Inward manifest. (i) An importer or consignee, or authorized employee, attorney or official of the importer or consignee, must submit a certification (as described in paragraph (d)(1)(ii) of this section) claiming confidential treatment of its name and address. The name and address of an importer or consignee includes marks and numbers which reveal the name and address of the importer or consignee. An importer or consignee may file a certification requesting confidentiality for all its shippers. (ii) There is no prescribed format for a certification. However, the certification shall include the importer's or consignee's Internal Revenue Service Employer Number, if available. There is no requirement to provide sufficient facts to support the conclusion that the disclosure of the names and addresses would likely cause substantial harm to the competitive position of the importer or consignee. (iii) The certification must be submitted to the Vessel Manifest Program Manager, Office of Trade (Mail Stop 1354), U.S. Customs and Border Protection, 1801 N Beauregard Street, Alexandria, VA 22311; or submitted electronically via an email transmission at [email protected] www.CBP.gov (iv) Each initial certification will be valid for a period of two years from the date of receipt. Renewal certifications should be submitted to the Vessel Manifest Program Manager at least 60 days prior to the expiration of the current certification. Information so certified may be copied, but not published, by the press during the effective period of the certification. An importer or consignee shall be given written notification by CBP of the receipt of its certification of confidentiality. (2) Outward manifest. (i) A shipper, or authorized employee or official of the shipper, must submit a certification claiming confidential treatment of the shipper's name and address. The certification shall include the shipper's Internal Revenue Service Employer Number, if available. (ii) There is no prescribed format for a certification. (iii) The certification must be submitted to the Vessel Manifest Program Manager, Office of Trade (Mail Stop 1354), U.S. Customs and Border Protection, 1801 N Beauregard Street, Alexandria, VA 22311; or submitted electronically via an email transmission at [email protected] www.CBP.gov (iv) Each certification will be valid for a period of two (2) years from the date of its approval. (3) If any individual shall abuse the privilege granted him to examining inward and outward manifests or shall make any improper use of any information or data obtained from such manifests or other papers filed in the customhouse, both he and the party or publication which he represents shall thereafter be denied access to such papers. (e) Availability of manifest data on CD-ROMS Availability. (2) Requests and subscriptions. (3) Data elements. 1. Carrier code. 2. Vessel country code. 3. Vessel name. 4. Voyage number. 5. District/port of unlading. 6. Estimated arrival date. 7. Bill of lading number. 8. Foreign port of lading. 9. Manifest quantity. 10. Manifest units. 11. Weight. 12. Weight unit. 13. Shipper name. 1 1 14. Shipper address. 1 15. Consignee name. 1 16. Consignee address. 1 17. Notify party name. 1 18. Notify party address. 1 19. Piece count. 20. Description of goods. 21. Container number. 22. Seal number. [T.D. 81-168, 46 FR 32565, June 24, 1981] Editorial Note: For Federal Register www.govinfo.gov. § 103.31a Advance electronic information for air, truck, and rail cargo; Importer Security Filing information for vessel cargo. Link to an amendment published at 91 FR 55224, Aug. 26, 2026. The following types of advance electronic information are per se (a) Advance cargo information that is electronically presented to Customs and Border Protection (CBP) for inbound or outbound air, rail, or truck cargo in accordance with § 122.48a, § 122.48b, § 123.91, § 123.92, or § 192.14 of this chapter; (b) Importer Security Filing information that is electronically presented to CBP for inbound vessel cargo in accordance with § 149.2 of this chapter; (c) Vessel stow plan information that is electronically presented to CBP for inbound vessels in accordance with § 4.7c of this chapter; and (d) Container status message information that is electronically presented for inbound containers in accordance with § 4.7d of this chapter. [CBP Dec. 08-46, 73 FR 71780, Nov. 25, 2008, as amended by CBP Dec. 15-16, 80 FR 71692, Nov. 17, 2015; CBP Dec. 25-08, 90 FR 52843, Nov. 21, 2025] § 103.32 Information concerning fines, penalties, and forfeitures cases. Except as otherwise provided in these regulations or in other directives (including those published as Treasury Decisions or CBP Decisions), port directors, Center directors, and other CBP officers must refrain from disclosing facts concerning seizures, investigations, and other pending cases until CBP action is completed. After the penalty proceeding is closed by payment of the claim amount, payment of a mitigated amount, or judicial action, the identity of the violator, the section of the law violated, the amount of penalty assessed, loss of revenue, mitigated amount (if applicable), and the amount of money paid may be disclosed to the public by the appropriate port director. Public disclosure of any other item of information concerning such cases, whether open or closed, must only be made in conformance with the procedures provided in 6 CFR 5.3. [T.D. 81-168, 46 FR 32565, June 24, 1981. Redesignated by T.D. 96-36, 61 FR 19838, May 3, 1996, as amended by CBP Dec. 15-16, 80 FR 71693, Nov. 17, 2015; CBP Dec. 16-26, 81 FR 93017, Dec. 20, 2016] § 103.33 Release of information to foreign agencies. (a) The Commissioner or his designee may authorize Customs officers to exchange information or documents with foreign customs and law enforcement agencies if the Commissioner or his designee reasonably believes the exchange of information is necessary to— (1) Ensure compliance with any law or regulation enforced or administered by Customs; (2) Administer or enforce multilateral or bilateral agreements to which the U.S. is a party; (3) Assist in investigative, judicial and quasi-judicial proceedings in the U.S.; and (4) An action comparable to any of those described in paragraphs (a) (1) through (3) of this section undertaken by a foreign customs or law enforcement agency, or in relation to a proceeding in a foreign country. (b)(1) Information may be provided to foreign customs and law enforcement agencies under paragraph (a) of this section only if the Commissioner or his designee obtains assurances from such agencies that such information will be held in confidence and used only for the law enforcement purposes for which such information is provided to such agencies by the Commissioner or his designee. (2) No information may be provided under paragraph (a) of this section to any foreign customs or law enforcement agency that has violated any assurances described in paragraph (b)(1) of this section. [T.D. 86-196, 51 FR 40792, Nov. 10, 1986. Redesignated by T.D. 96-36, 61 FR 19838, May 3, 1996] § 103.34 Sanctions for improper actions by CBP officers or employees. (a) The improper disclosure of the confidential information contained in CBP documents, or the disclosure of information relative to the business of one importer or exporter that is acquired by a CBP officer or employee in an official capacity to any person not authorized by law or regulations to receive this information is a ground for dismissal from CBP, suspension, or other disciplinary action, and if done for a valuable consideration subjects that person to criminal prosecution. (b) Under 5 U.S.C. 552(a)(4)(F), the Special Counsel, Merit Systems Protection Board, has authority, upon the issuance of a written finding by a court that a CBP officer or employee who was primarily responsible for withholding a record may have acted arbitrarily or capriciously, to initiate a proceeding to determine whether disciplinary action is warranted against that officer or employee. Such proceedings are governed by Merit Systems Protection Board regulations found at part 1201 of Title 5 of the Code of Federal Regulations. [T.D. 81-168, 46 FR 32565, June 24, 1981. Redesignated by T.D. 96-36, 61 FR 19838, May 3, 1996, as amended by CBP Dec. 15-16, 80 FR 71693, Nov. 17, 2015]