[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR201.40]

[Page 46-47]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 201--RULES OF GENERAL APPLICATION--Table of Contents
 
Subpart E--Opening Commission Meetings to Public Observation Pursuant to 
                              5 U.S.C. 552b
 
Sec.  201.40  Records-retention requirements.

    (a) The Secretary shall maintain a copy of the certification by the 
General Counsel required by Sec.  201.39 for each Commission meeting of 
which a portion or portions are closed to the public pursuant to a vote 
under Sec.  201.36(d).
    (b) The Secretary shall also maintain a copy of a statement from the 
presiding officer of each Commission meeting or portion thereof which 
was closed to the public for the specific reasons enumerated in 
paragraphs (b) (1) through (9) of Sec.  201.36(b) setting forth (i) The 
time and place of the closed meeting, or portion thereof, and (ii) A 
list of the persons present thereat.

[[Page 47]]

    (c) The Secretary shall also maintain a complete transcript or 
electronic recording of the proceedings of each Commission meeting or 
portion of a meeting, whether open to public observation or closed to 
the public. The Secretary shall also maintain a complete transcript or 
electronic recording of all deliberations conducted under paragraphs (a) 
(4), (5), and (6) of Sec.  201.34 of this subpart.
    (d) Where portions of a Commission meeting are closed for the 
reasons contained in paragraphs (b) (8)(A) or (9) of Sec.  201.36, the 
Commission preserves the option to maintain detailed minutes of such 
portions. Such detailed minutes shall fully and clearly describe all 
matters discussed and shall provide a full and accurate summary of any 
actions taken, and the reasons therefor, including a description of each 
of the views expressed on any item and the record of any rollcall vote 
(reflecting the vote of each member on the question). All documents 
considered in connection with any action shall be identified in such 
minutes.
    (e) The retention period for the records required by paragraphs (a), 
(b), (c), and (d) of this section shall be for a period of at least two 
(2) years after the particular Commission meeting, or until one (1) year 
after the conclusion of any Commission proceeding with respect to which 
the meeting or portion thereof was held, whichever occurs later.
    (f) The requirements of paragraphs (c) and (d) of this section shall 
not affect or supplant the existing duty of the Secretary to maintain 
permanent minutes of each Commission meeting. The Secretary shall also 
maintain permanent minutes of all deliberations conducted under 
paragraphs (a) (4), (5), and (6) of Sec.  201.34 of this subpart.