Division 38

In certain exceptional circumstances, CBP may exercise its authority under FOIA to deny or postpone disclosure of all (or, more likely, part) of the PNR record to a first party requester, pursuant to title 5, United States Code, section 552(b) (e.g. if disclosure under FOIA ‘could reasonably be expected to interfere with enforcement proceedings’ or ‘would disclose techniques and procedures for law enforcement investigations (...) (which) could reasonably be expected to risk circumvention of the law’). Under FOIA, any requester has the authority to administratively and judicially challenge CBP’s decision to withhold information (see 5 U.S.C. 552(a)(4)(B); 19 CFR 103.7 to 103.9).