Opportunity for Wildlife and Flora Importers and Exporters
Does your business import or export wildlife specimens and flora into the U.S? If so, you may be affected by the Freedom of Information Act (FOIA) request that the U.S. Fish and Wildlife Service has recently received. You have until June 11th, 2021, via a recent extension to file an objection and avoid having relevant business and trade information disclosed.
The U.S. Fish and Wildlife Service has received a FOIA request for information related to the import and export of wildlife specimens and flora into and out of the United States contained in the Law Enforcement Management Information System (LEMIS) database. This request applies to importers and exporters that filed the U.S. Fish and Wildlife Service Declaration for Importation or Exportation of Fish and Wildlife (Form 3-177) between January 1st, 2015 and December 31, 2020.
The data from the 3-177 stored in LEMIS, which may be disclosed, includes port of entry, import/export licenses, value of goods, country of origin, business name, etc. However, you now have the opportunity to object to the disclosure on the basis that the information is protected by an exemption of the FOIA. To qualify for this exemption, you have to prove that the information subject to disclosure constitutes a trade secret or, if the information is not a trade secret, you must provide certification that the commercial and financial information is treated by your business as private and confidential. Be aware that if an objection is not filed by June 1st, 2021, the U.S. Fish and Wildlife Service will presume that your business does not object to such disclosure and all your trade and business information contained in the LEMIS database may be exposed.
Braumiller Law Group, PLLC is here to help your company. If you are an importer or exporter who may be affected by this FOIA request we can assist you in filing an objection before June 11th, 2021. Our experienced attorneys and trade consultants will ensure that your business and trade information is protected.
If you need any assistance, please contact Joaquin Pampin: [email protected]
Contributing Advisors
