19 U.S.C. § 1628 Exchange of Information

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 19 U.S.C. § 1628

(a) In general

The Secretary may by regulation authorize customs officers to exchange information or documents with foreign customs and law enforcement agencies if the Secretary reasonably believes the exchange of information is necessary to-

(1) insure compliance with any law or regulation enforced or administered by the Customs Service;

(2) administer or enforce multilateral or bilateral agreements to which the United States is a party;

(3) assist in investigative, judicial and quasi-judicial proceedings in the United States; and

(4) an action comparable to any of those described in paragraphs (1) through (4) ¹ undertaken by a foreign customs or law enforcement agency, or in relation to a proceeding in a foreign country.

(b) Nondisclosure and uses of information provided

(1) Information may be provided to foreign customs and law enforcement agencies under subsection (a) only if the Secretary 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 Secretary.

(2) No information may be provided under subsection (a) to any foreign customs or law enforcement agency that has violated any assurances described in paragraph (1).

(c) Government agency of USMCA country

(1) In general

The Secretary may authorize U.S. Customs and Border Protection to exchange information with any government agency of a USMCA country, if the Secretary-

(A) reasonably believes the exchange of information is necessary to implement chapter 2, 4, 5, 6, or 7 of the USMCA; and

(B) obtains assurances from such agency that the information will be held in confidence and used only for governmental purposes.

(2) Definitions

In this subsection, the terms "USMCA" and "USMCA country" have the meanings given those terms in section 4502 of this title.

¹ So in original. Probably should be "(3)".

Cite as 19 U.S.C. § 1628

Source: June 17, 1930, ch. 497, title IV, §628, as added Pub. L. 99-570, title III, §3127, Oct. 27, 1986, 100 Stat. 3207-89; amended Pub. L. 103-182, title II, §209, Dec. 8, 1993, 107 Stat. 2098; Pub. L. 116-113, title II, §209(c), Jan. 29, 2020, 134 Stat. 52.

Notes from the Office of Law Revision Counsel

current through 8/10/2023

EDITORIAL NOTES

AMENDMENTS

2020-Subsec. (c). Pub. L. 116-113 added subsec. (c) and struck out former subsec. (c). Prior to amendment, text read as follows: "The Secretary may authorize the Customs Service to exchange information with any government agency of a NAFTA country, as defined in section 3301(4) of this title, if the Secretary-