Global Arbitration, Trade, and Advocacy Update

U.S. Fish and Wildlife Service to Disclose Wildlife/Flora Import and Export Data; Objection Deadline Approaching

May 26, 2021

Importers and exporters of wildlife specimens and flora into and out of the United States should take note that the U.S. Fish and Wildlife Service (FWS) will be releasing information related to such imports and exports in response to requests filed under the Freedom of Information Act (FOIA).

The agency recently published a notice on its website informing businesses that the FOIA requests seek all data concerning wildlife and flora imports and exports stored in the Law Enforcement Management Information System (LEMIS) database and collected during calendar year 1999 and the period beginning January 1, 2015 through December 31, 2020. The data subject to disclosure was collected by the agency via FWS Form 3-177, Declaration for Importation or Exportation of Fish and Wildlife, and includes information many companies may wish to keep private, such as foreign shippers (likely suppliers), value, and origin. The disclosure will not extend to data submitted by individuals who have imported wildlife specimens or flora for personal use and have filed Form 3-177 without the assistance of a customs broker.

DEADLINE — Importers and exporters wishing to object to the disclosure of information submitted to FWS on a Form 3-177 must file an objection with FWS so that the agency receives it no later than June 11, 2021.

FOIA Exemption

Though FOIA generally requires federal agencies to disclose information requested by the public, there are exemptions. The FWS notice gives importers and exporters the opportunity to object to the disclosure of information that qualifies for protection under Exemption 4 of FOIA, 5 U.S.C. § 552(b)(4) — trade secrets and commercial or financial information that is privileged or confidential.

FWS has identified several data fields on Form 3-177 that may be exempt from disclosure under Exemption 4 as follows:

Port of Entry	Foreign Shipper/Receiver (FSR)
Import/Export License Number	FSR Business Name
Carrier Name	FSR First, Middle, Last Name
Air Waybill Number	FSR Address
Automobile License Number	FSR City
Automobile License State	FSR Country
Bonded Location of Wildlife	FSR Phone Number
Number of Cartons	FSR Email Address
Importer/Exporter Business Name	FSR ID Number and Type
Importer/Exporter First, Middle, Last Name	Customs Broker ID
Importer/Exporter First Name	Broker Phone Number
Importer/Exporter Middle Name	Broker Fax Number
Importer/Exporter Address	Broker Email Address
Importer/Exporter City	Broker First, Last Name
Importer/Exporter State	Broker ID Number and Type
Importer/Exporter Zip Code	Foreign CITES Permit Number
Importer/Exporter Phone Number	U.S. CITES Permit Number
Importer/Exporter Email Address	Quantity
Importer/Exporter ID Number	Units
Importer/Exporter ID Type	Value
	Origin

Objection and Submission

To object to the disclosure of information covered by the notice, interested parties must submit to FWS a detailed written statement specifying all grounds for withholding information, including why information is either a trade secret or, for information other than trade secrets, certifying that the business both customarily and actually treats the information as private.

This FOIA disclosure affects companies across a wide range of industries, including life sciences, pharmaceuticals, and consumer goods retail. Those that have filed Form 3-177 should move quickly to file objections to protect their confidential financial and commercial information from disclosure. Sidley’s Global Arbitration, Trade, and Advocacy group is available to assist companies with the disclosure objection process.

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