[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR719.12]

[Page 186-187]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 719_ENFORCEMENT--Table of Contents
 
Sec.  719.12  Matters protected against disclosure.

    (a) Protective measures. The ALJ may limit discovery or introduction 
of evidence or issue such protective or other orders as in the ALJ's 
judgment may be needed to prevent undue disclosure of classified or 
sensitive documents or information, including Confidential Business 
Information as defined by the Act. Where the ALJ determines that 
documents containing classified or sensitive matter must be made 
available to a party in order to avoid prejudice, the ALJ may direct the 
other party to prepare an unclassified and nonsensitive summary or 
extract of the documents. The ALJ may compare the extract or summary 
with the original to ensure that it is supported by the source document 
and that it omits

[[Page 187]]

only so much as must remain undisclosed. The summary or extract may be 
admitted as evidence in the record.
    (b) Arrangements for access. If the ALJ determines that the summary 
procedure outlined in paragraph (a) of this section is unsatisfactory, 
and that classified or otherwise sensitive matter must form part of the 
record in order to avoid prejudice to a party, the ALJ may provide the 
parties opportunity to make arrangements that permit a party or a 
representative to have access to such matter without compromising 
sensitive information. Such arrangements may include obtaining security 
clearances or giving counsel for a party access to sensitive information 
and documents subject to assurances against further disclosure, 
including a protective order, if necessary.