RECENT INQUIRIES BY THE FISH AND WILDLIFE SERVICE
The Fish and Wildlife Service (FWS) has recently received applications made under the Freedom of Information Act (FOIA) which request the production of records and information regarding certain FWS practices and specifics relating to importations of products comprised, in whole or part of, wildlife which is subject to controls and permits managed under the Convention for the International of Trade in Endangered Species (CITES). The requests relate to FWS detentions, exclusions and seizures.
In accordance with FOIA Regulations, FWS has notified, or soon will notify, importers whose records may possibly be discloseable under the FOIA request in order to allow those parties an opportunity to object to the disclosure.
The documentation requested is likely to include confidential business information (such as the identity of the seller, shipper and importer, the county of origin, customs broker, freight forwarder, as well as, intercompany pricing, etc.) and, as such, maybe exempt from disclosure as “trade secrets” or “commercial financial information that is privileged and confidential.”
It is incumbent upon the party objecting to the release of information to demonstrate the basis upon a disclosure exemption should apply.
If you receive a notice such as one referenced herein, from FWS or any government agency, you should seek the appropriate counsel.
You may be in a position to prevent the release of sensitive business information relating to you importation of product incorporating exotic skins. If you do not object to the proposed disclosure, the agency will release the information to the requesting party.
If you have any questions, or if you would like assistance regarding this or any other government inquiry relating to imported product, please contact Frank J. Desiderio at ( [email protected]) (212) 973-7740 or any attorney of our Firm.