[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR718.2]

[Page 178]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 718--CONFIDENTIAL BUSINESS INFORMATION--Table of Contents
 
Sec. 718.2  Identification of confidential business information.

    (a) General. Certain confidential business information submitted to 
BXA in declarations and reports does not need to be specifically 
identified and marked by the submitter, as described in paragraph (b) of 
this section. Other confidential business information submitted to BXA 
in declarations and reports and confidential business information 
provided to the Host Team during inspections must be identified by the 
inspected facility so that the Host Team can arrange appropriate marking 
and handling.
    (b) Confidential business information contained in declarations and 
reports. (1) BXA has identified those data fields on the declaration and 
report forms that request ``confidential business information'' as 
defined by the Act. These data fields are identified in the table 
provided in Supplement No. 1 to this part.
    (2) You must specifically identify in a cover letter submitted with 
your declaration or report any additional information on a declaration 
or report form (i.e., information not provided in one of the data fields 
listed in the table included in Supplement No. 1 to this part), 
including information provided in attachments to Form A or Form B, that 
you believe is confidential business information, as defined by the Act, 
and must describe how disclosure would likely result in competitive 
harm.

    Note to paragraph (b):
    BXA has also determined that descriptions of Schedule 1 facilities 
submitted with Initial Declarations as attachments to Form A contain 
confidential business information, as defined by the Act.

    (c) Confidential business information contained in notifications. 
Information contained in advance notifications of exports and imports of 
Schedule 1 chemicals is not subject to the confidential business 
information provisions of the Act. You must identify information in your 
notifications of Schedule 1 imports that you consider to be privileged 
and confidential, and describe how disclosure would likely result in 
competitive harm. See Sec. 718.3(b) for provisions on disclosure to the 
public of such information by the U.S. Government.
    (d) Confidential business information related to inspections 
disclosed to, reported to, or otherwise acquired by, the U.S. 
Government. (1) During inspections, certain confidential business 
information, as defined by the Act, may be disclosed to the Host Team. 
Facilities being inspected are responsible for identifying confidential 
business information to the Host Team, so that if it is disclosed to the 
Inspection Team, appropriate marking and handling can be arranged, in 
accordance with the provisions of the Convention (see 
Sec. 718.3(c)(1)(ii)). Confidential business information not related to 
the purpose of an inspection or not necessary for the accomplishment of 
an inspection, as determined by the Host Team, may be removed from 
sight, shrouded, or otherwise not disclosed.
    (2) Before or after inspections, confidential business information 
related to an inspection that is contained in any documents or that is 
reported to, or otherwise acquired by, the U.S. Government, such as 
facility information for pre-inspection briefings, facility agreements, 
and inspection reports, must be identified by the facility so that it 
may be appropriately marked and handled. If the U.S. Government creates 
derivative documents from such documents or reported information, they 
will also be marked and handled as confidential business information.