A customs broker has a client's confidential records as defined in CBP regulations pertaining to customs brokers. The records contain information that is not available from a source that is open to the public. The broker's client has specified in writing that the records should be kept confidential. Of those persons listed below, to whom may the broker disclose the confidential records?
How to get there
19 CFR 111.24: Records confidentialThe records … pertaining to the business of the clients serviced by the broker are to be considered confidential, and the broker must not disclose their contents or any information connected with the records to any persons other than those clients, their surety on a particular entry, and representatives of the Department of Homeland Security (DHS), or other duly accredited officers or agents of the United States, except on subpoena or court order …, or when authorized in writing by the client. This confidentiality provision does not apply to information that properly is available from a source open to the public.
The records aren't public, and the client has asked in writing that they stay confidential. That leaves only the permitted recipients, and the client's surety on a particular entry is one of them. The answer is A.
Why the other choices are wrong
B) The freight forwarder: not on the list. A forwarder can only receive the records if the client authorizes it in writing.
C) The broker's other clients: sharing one client's records with others is exactly what § 111.24 forbids.
D) The client's exporter: a trading partner, but not a permitted recipient without the client's written authorization.
Tip
Permitted recipients: the client, the client's surety (for that entry), and DHS/CBP or other U.S. officers. Everyone else needs a subpoena, a court order, or the client's written OK. Public information isn't covered.
Source: 19 CFR 111.24 (eCFR).
CBP answer key: Answer A · 19 CFR 111.24Source: CBP past exams ↗