(a)General. The Freedom of Information Act, as amended (5 U.S.C. 552), provides for access to information and records developed or maintained by Federal agencies. Subject only to the exemptions set forth in § 103.12, the public generally or any individual member is entitled to information or records which are described in paragraph (b) of this section and which are in the possession of the United States Customs Service. Access to that information is governed by the regulations in this part.
(b)Three categories of information available. Generally, 5 U.S.C. 552 divides agency information into three major categories and provides methods by which each category is available to the public. The three major categories, for which the disclosure requirements of the United States Customs Service are set forth in this part, are as follows:
(1) Information required to be published in the Federal Register (see § 103.3).
(2) Information required to be made available for public inspection and copying or, in the alternative, to be published and offered for sale (see § 103.4).
(3) Information required to be made available to any member of the public upon specific request (see § 103.5).
Beta! The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 103.2 Department of Homeland Security Freedom of Information Act procedures.
(a)Department of Homeland Security FOIA regulations. In order to process requests for documents/information and appeals under the Freedom of Information Act (FOIA), as amended (5 U.S.C. 552), except as provided in paragraph (b) of this section, CBP applies the Department of Homeland Security FOIA regulations in 6 CFR part 5, subpart A.
(b)Exception. Notwithstanding section 5.8 of title 6, CBP retains its own policy on the treatment of confidential commercial information provided in § 103.35.