19 USC 1628 - Exchange of information

1 So in original. Probably should be “(3)”.

undertaken by a foreign customs or law enforcement agency, or in relation to a proceeding in a foreign country.

Editorial Notes

Amendments

2020—Subsec. (c). Puspan. 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—

“(1) reasonably believes the exchange of information is necessary to implement chapter 3, 4, or 5 of the North American Free Trade Agreement, and

“(2) obtains assurances from such country that the information will be held in confidence and used only for governmental purposes.”

1993—Subsec. (c). Puspan. L. 103–182 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment; Retention of Authority To Exchange Information

Amendment by Puspan. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applicable with respect to goods entered for consumption, or withdrawn from warehouse for consumption, on or after that date, see section 209(d) of Puspan. L. 116–113, set out as an Effective Date of 2020 Amendment note under section 1304 of this title.

Puspan. L. 116–113, title II, § 209(e), Jan. 29, 2020, 134 Stat. 53, provided that:

“Notwithstanding the amendment made by subsection (c) [amending this section], the Secretary of the Treasury shall retain the authority provided in section 628(c) of the Tariff Act of 1930 [19 U.S.C. 1628(c)] (as in effect on the day before the date on which the USMCA enters into force [July 1, 2020]) to exchange information with any government agency of a NAFTA country (as defined in section 2 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3301] (as in effect on the day before the date on which the USMCA enters into force)).”

[For definition of “USMCA” as used in section 209(e) of Puspan. L. 116–113, set out above, see section 4502 of this title.]

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States (Jan. 1, 1994), see section 213(span) of Puspan. L. 103–182, formerly set out as an Effective Date note under former section 3331 of this title.

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Puspan. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Puspan. L. 114–125, and section 802(span) of Puspan. L. 114–125, set out as a note under section 211 of Title 6.