On November 22, 2016, the Department of Homeland Security (DHS) published in the Federal Register a final rule [Docket No. DHS–2009–0036] that amends the DHS regulations under the Freedom of Information Act (FOIA). The regulations have been revised to update and streamline the language of several procedural provisions, and to incorporate changes brought about by the amendments to the FOIA under the OPEN Government Act of 2007. Additionally, the regulations have been updated to reflect developments in the case law. The amendments include section 5.12 “Confidential commercial information; CBP procedures” which sets forth notification and disclosure policy when commercial information provided to U.S. Customs and Border Protection (CBP) by a business submitter is requested under FOIA.

The amendments are effective December 22, 2016.