# 19 C.F.R. § 103.23 (2026): Factors in determining whether to disclose information pursuant to a demand

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_23

## Section

- **Citation:** 19 C.F.R. § 103.23 (2026)
- **Heading:** Factors in determining whether to disclose information pursuant to a demand
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 19 CFR: Customs Duties / Chapter I: U.S. CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF HOMELAND SECURITY › DEPARTMENT OF THE TREASURY / Part 103: AVAILABILITY OF INFORMATION / Subpart B: Production or Disclosure in Federal, State, Local, and Foreign Proceedings / § 103.23: § 103.23   Factors in determining whether to disclose information pursuant to a demand.

## Text

(a)
General considerations.
In authorizing disclosures pursuant to a proper demand for CBP information, one which complies with the provisions of § 103.22(c), the Chief Counsel should consider the following factors:
(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
or other demand;
(ii) Genuinely necessary to the proceeding,
i.e.,
a showing of substantial need has been made;
(iii) Unavailable from other sources; and,
(iv) Reasonable in its scope,
i.e.,
the documents, information, or testimony sought are described with particularity.
(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.
Among the demands in response to which disclosure will not be authorized by the Chief Counsel are those demands with respect to which any of the following factors exist:
(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;
m.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.,
entry information);
(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]

## Nearby sections

- [19 C.F.R. § 103.21 (2026) § 103.21   Purpose and definitions.](https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_21.md)
- [19 C.F.R. § 103.22 (2026) § 103.22   Procedure in the event of a demand for CBP information in any federal, state, or local civil proceeding or administrative action.](https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_22.md)
- [19 C.F.R. § 103.23 (2026) § 103.23   Factors in determining whether to disclose information pursuant to a demand.](https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_23.md)
- [19 C.F.R. § 103.24 (2026) § 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.](https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_24.md)
- [19 C.F.R. § 103.25 (2026) § 103.25   Procedure in the event of an adverse ruling.](https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_25.md)
- [19 C.F.R. § 103.26 (2026) § 103.26   Procedure in the event of a demand for CBP information in a state or local criminal proceeding.](https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_26.md)
- [19 C.F.R. § 103.27 (2026) § 103.27   Procedure in the event of a demand for CBP information in a foreign proceeding.](https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_27.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T19_P103_S103_23. Check the current official text before relying on it. Not legal advice.