Confidentiality of Vessel Manifest Information

May 2002

In the May 2001 issue of the Barnes, Richardson & Colburn International Trade Update, we explained how importers could retrieve their Customs Account Activity profile via the Freedom of Information Act ("FOIA"), and the value of doing so. This article will reveal the business sensitive information that is available to the public about your company's international trade transactions and what you can do to keep some of that information confidential.

Customs law allows certain information contained on vessel and aircraft manifests to be made available for public disclosure. Some of the items subject to disclosure are: 1) the names and addresses of consignees, shippers and notify parties; 2) the general description of the goods; 3) the number of packages, piece count and gross weight; 4) the seaport or airport of lading and unlading; 5) the carrier code, vessel country, vessel name, voyage number and estimated arrival date; and, 6) the container and seal number.

What can importers and exporters do to protect against competitors getting hold of this information, which is made available to the general public by subscription services or to your competitors via a specific FOIA request? The law provides that the disclosure of some of this information can be suppressed if a written request for confidential treatment is submitted to the Customs Service. Some manifest information, however, is not entitled to confidential treatment. The Customs Service will honor a party's request for such treatment to the extent of protecting from disclosure the names and addresses of the shippers, consignees and notify parties, as well as all marks and numbers that might disclose the identify or address of such parties. A request for confidential treatment can be tailored to cover information contained on a company's inward and outward manifests.

Customs will honor a party's request for confidentiality if it complies with the regulations setting out the process for requesting such relief. An importer or consignee can request confidential treatment for inward manifests, while the shipper may request confidential treatment on outward transactions. The grant of confidentiality is good for two years, covers all ports of entry, and will lapse if not renewed in a timely manner. Those with questions regarding this issue are invited to contact the author.