[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR16.23]

[Page 281-282]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
                    CHAPTER I--DEPARTMENT OF JUSTICE
 
PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of Contents
 
   Subpart B_Production or Disclosure in Federal and State Proceedings
 
Sec.  16.23  General disclosure authority in Federal and State proceedings 
in which the United States is a party.

    (a) Every attorney in the Department of Justice in charge of any 
case or matter in which the United States is a party is authorized, 
after consultation with the ``originating component'' as defined in 
Sec.  16.24(a) of this part, to reveal and furnish to any person, 
including an actual or prospective witness, a grand jury, counsel, or a 
court, either during or preparatory to a proceeding, such testimony, and 
relevant unclassified material, documents, or information secured by any 
attorney, or investigator of the Department of Justice, as such attorney 
shall deem necessary or desirable to the discharge of the attorney's 
offical duties: Provided, Such an attorney shall consider, with respect 
to any disclosure, the factors set forth in Sec.  16.26(a) of this part: 
And further provided, An attorney shall not reveal or furnish any 
material, documents, testimony or information when, in the attorney's 
judgment, any of the factors specified in Sec.  16.26(b) exists, without 
the express prior approval by the Assistant Attorney General in charge 
of the division responsible for the case or proceeding, the Director of 
the Executive Office for United States Trustees (hereinafter referred to 
as ``the EOUST''), or such persons' designees.
    (b) An attorney may seek higher level review at any stage of a 
proceeding, including prior to the issuance

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of a court order, when the attorney determines that a factor specified 
in Sec.  16.26(b) exists or foresees that higher level approval will be 
required before disclosure of the information or testimony in question. 
Upon referral of a matter under this subsection, the responsible 
Assistant Attorney General, the Director of EOUST, or their designees 
shall follow procedures set forth in Sec.  16.24 of this part.
    (c) If oral testimony is sought by a demand in a case or matter in 
which the United States is a party, an affidavit, or, if that is not 
feasible, a statement by the party seeking the testimony or by the 
party's attorney setting forth a summary of the testimony sought must be 
furnished to the Department attorney handling the case or matter.