Confidentiality of Vessel Manifest Information Must be Requested Every 2 Yrs

Info Covered by Certification May Not Be Published

Accredited representatives of the press, including newspapers, commercial magazines, trade journals, and similar publications, may normally examine, copy, and publish certain vessel manifest and summary statistical information on imports and exports; however, importer, consignee or shipper names and addresses covered by a confidential certification may only be examined and copied by the press; they cannot be published.

In addition, such information will not be included on the CD-ROMs of Automated Manifest System (AMS) data that are sold to the public.

Public Access to Info Restricted

According to 19 CFR 103.31, the public is not allowed to examine vessel manifests, but may request and obtain information from vessel manifests from U.S. Customs and Border Protection (CBP), subject to the limitations that have been established for the press.

However, importers or exporters, or their duly authorized brokers, attorneys, or agents, may be permitted to examine manifests with respect to any consignment of goods in which they have a proper and legal interest as principal or agent, but are not permitted to make any general examination of manifests or make any copies or notations from them except with reference to a particular importation or exportation in which they have a proper and legal interest.

Information that Can be Certified for Confidential Treatment

With respect to inward vessel manifests, 19 CFR 103.31 provides that an importer or consignee (or their authorized employee, attorney, or official) may submit a certification for confidential treatment of:

• the importer or consignee names and addresses (including identifying marks and numbers), and
• the names and addresses of all of the shippers to such importer or consignee.

For information appearing on the outward manifest, 19 CFR 103.31 allows a shipper (or their authorized employee or official) to submit a certification for confidential treatment of the shipper's name and address.

Certifications Valid for Two Years Only, No Prescribed Format

Both initial and renewal certifications are valid for a period of two years only. Renewal certifications should be submitted to the Disclosure Law Officer at least 60 days prior to the expiration of the current certification (see below for address).

According to 19 CFR 103.31, there is no prescribed format for a certification; however, the certification shall include the importer's/consignee's/shipper's Internal Revenue Service (IRS) Employer Number, if available.

CBP sources stated by phone that certifications can be mailed or emailed to CBP as follows:

Mail - U.S. Customs and Border Protection, Office of International Trade, Attn: Regulations and Rulings, Privacy Branch, 799 Ninth St., N.W., Seventh Floor Mint Annex, Washington, DC 20229

(Note that this address is different from the mailing address in 19 CFR 103.31. However, CBP sources have confirmed that the address above is the address that should be used for submitting certifications.)

Email -- certifications can be emailed to privacy.cbp@dhs.gov.

(Although the regulations do not address emailing of certifications, CBP sources stated by phone that certifications may be emailed to the above email address.)

Company Names Should be Identified in All Known Variations

CBP sources have previously noted that in order to ensure that requested information is deleted from public disclosure, the importer or consignee should ensure that the company's name and is identified to CBP in all known variations that may be used on shipping documentation such as bills of lading, purchase orders and manifests.

CBP Confidentiality Web Request Form Still Not Available

In March 2011, CBP announced that the vessel manifest confidentiality request form had been removed from its website until further notice. (CBP had posted the web request form in March 2010 for use pursuant to 19 CFR 103.31.) As of September 9, 2011, the web request form was still not available and one CBP source stated that it is not known if or when such a form will be reposted.

(See ITT’s Online Archives or 03/08/11 news, 11030749, for BP summary of CBP’s removal of the web request form. See ITT’s Online Archives or 03/29/10 news, 10032910, for BP earlier summary announcing the posting of the web form.)

CBP Has Previously Stated that Air, Truck, and Rail Manifest Info is Confidential

In 2000, CBP sources stated by phone that air, truck, and rail manifest information remains confidential.

Sources had explained that the Anticounterfeiting Consumer Protection Act of 1996 (ACPA) (Public Law 104-153) contains a provision which mandates the public disclosure of air manifest information under the same terms currently allowed for ocean vessel shipments. However, CBP had not initiated a rulemaking to implement the disclosure of air manifest information as required by the ACPA because the ACPA contained a great deal of ambiguity which sources stated would likely require correction/clarification by Congress. CBP sources also stated in 2000 that the courts have ruled that truck and rail manifest information is "confidential" and consequently may not be disclosed.

Certain Advance Electronic Information Exempt from Disclosure

Subscribers should note that 19 CFR 103.31a was added in 2004 and amended in 2009 to provide exemptions from disclosure under 19 CFR 103.12(d)¹ for the following types of advance electronic information unless CBP receives a specific request for such records pursuant to 19 CFR 103.5, and the owner of the information expressly agrees in writing to its release.:

• advance electronic cargo information for inbound/outbound air, rail, truck cargo - advance cargo information that is electronically presented to CBP for inbound or outbound air, rail, or truck cargo in accordance with 19 CFR 122.48a (air), 123.91 (rail), 123.92 (truck), or 192.14 (exports); and
• 10+2 electronic information -- Importer Security Filing (ISF) information for inbound vessel cargo, vessel stow plan information for inbound vessels, and container status message information for inbound containers that is electronically presented to CBP pursuant to 19 CFR 149.2, 4.7c, and 4.7d (the 10+2 regulations).

¹an exemption from the Freedom of Information Act disclosure requirements for trade secrets and commercial or financial information obtained from any person which is privileged or confidential.

*First sentence corrected on 09/30/11