[Code of Federal Regulations]
[Title 15, Volume 3]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR2004.5]

[Page 435]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE
 
PART 2004_FREEDOM OF INFORMATION POLICIES AND PROCEDURES--Table of Contents
 
Sec. 2004.5  Classified records and information from other agencies.

    (a) A Classification Review Committee is hereby established within 
STR to make determinations on the applicability of the exemption for 
classified documents. The Committee will be chaired by a staff official 
designated by the Special Representative and will consist of the 
Chairman and 2 STR Officials designated by him who have authority to 
classify and declassify documents.
    (b) The applicability of the exemption for classified information 
requires a determination that the record in question is specifically 
authorized under the criteria established by Executive Order 11652 to be 
kept classified and is in fact properly classified pursuant to that 
order. This determination shall be made whenever possible before the 
initial denial under Sec. 204.4(a)(1). It must in any case be made 
prior to the decision of an appeal under Sec. 2004.7. No denial should 
be based solely on the existence of a classification marking on the 
record, and there shall be a substantive review of the validity of the 
classification to the maximum extent feasible within the time limits for 
a denial under Sec. 2004.4.
    (c) When a request for a STR record encompasses classified 
information originated or received from another department or agency, 
the request for that information shall be referred to the originator or 
other source. The person requesting the record will be advised of the 
date and the addressee of the referral.
    (d) The Classification Review Committee will, at the request of 
another agency, make recommendations on the release of material 
concerning ``national defense or foreign policy'' originally classified 
by another agency but which is of significant subject-matter interest to 
STR.