[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR2.4]

[Page 10-11]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 2--SUNSHINE REGULATIONS; MEETINGS--Table of Contents
 
Sec. 2.4  Exempted meetings.

    (a) Meetings required by statute to be closed. Meetings concerning 
matters specifically exempted from disclosure by statutes which require 
public withholding in such a manner as to leave no discretion for the 
Commission on the issue, or which establish particular types of matters 
to be withheld, shall be closed to public observation in accordance with 
the procedures of 11 CFR 2.5.
    (1) As required by 2 U.S.C. 437g(a)(12), all Commission meetings, or 
portions of meetings, pertaining to any notification or investigation 
that a violation of the Act has occurred, shall be closed to the public.
    (2) For the purpose of this section, any notification or 
investigation that a violation of the Act has occurred includes, but is 
not limited to, determinations pursuant to 2 U.S.C. 437g, the issuance 
of subpoenas, discussion of referrals to the Department of Justice, or 
consideration of any other matter related to the Commission's 
enforcement activity, as set forth in 11 CFR part 111.
    (b) Meetings closed by Commission determination. Except as provided 
in 11 CFR 2.4(c), the requirement of open meetings will not apply where 
the Commission finds, in accordance with 11 CFR 2.5, that an open 
meeting or the release of information is likely to result in the 
disclosure of:
    (1) Matters that relate solely to the Commission's internal 
personnel decisions, or internal rules and practices.
    (i) This provision includes, but is not limited to, matters relating 
to Commission policies on working conditions, or materials prepared 
predominantly for internal use, the disclosure of which would risk 
circumvention of Commission regulations; but
    (ii) This provision does not include discussions or materials 
regarding employees' dealings with the public, such as personnel manuals 
or Commission directives setting forth job functions or procedures;
    (2) Financial or commercial information obtained from any person 
which is privileged or confidential;
    (3) Matters which involve the consideration of a proceeding of a 
formal nature by the Commission against a specific person or the formal 
censure of any person;
    (4) Information of a personal nature where disclosure would 
constitute a clearly unwarranted invasion of personal privacy;
    (5) Investigatory records compiled for law enforcement purposes, or 
information which if written would be contained in such records, but 
only to the extent that the production of such records or information 
would:
    (i) Interfere with enforcement proceedings,
    (ii) Deprive a person of a right to a fair trial or an impartial 
adjudication,
    (iii) Constitute an unwarranted invasion of personal privacy,
    (iv) Disclose the identity of a confidential source,
    (v) Disclose investigative techniques and procedures, or
    (vi) Endanger the life or physical safety of law enforcement 
personnel;

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    (6) Information the premature disclosure of which would be likely to 
have a considerable adverse effect on the implementation of a proposed 
Commission action, as long as the Commission has not already disclosed 
the content or nature of its proposed action, or is not required by law 
to disclose it prior to final action; or
    (7) Matters that specifically concern the Commission's participation 
in a civil action or proceeding, or an arbitration, or involving a 
determination on the record after opportunity for a hearing.
    (c) Nothwithstanding the applicability of any exemptions set forth 
in 11 CFR 2.4(b), the Commission may determine that the public interest 
requires a meeting to be open.