[Code of Federal Regulations]

[Title 31, Volume 3]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 31CFR501.733]



[Page 72]

 

                  TITLE 31--MONEY AND FINANCE: TREASURY

 

 CHAPTER V--OFFICE OF FOREIGN ASSETS CONTROL, DEPARTMENT OF THE TREASURY

 

PART 501_REPORTING, PROCEDURES AND PENALTIES REGULATIONS--Table of 

Contents

 

          Subpart D_Trading With the Enemy Act (TWEA) Penalties

 

Sec. 501.733  Evidence: confidential information, protective orders.



    (a) Procedure. In any proceeding as defined in Sec. 501.702, a 

respondent; the Director; any person who is the owner, subject or 

creator of a document subject to subpoena or which may be introduced as 

evidence; or any witness who testifies at a hearing may file a motion 

requesting a protective order to limit from disclosure to other parties 

or to the public documents or testimony containing confidential 

information. The motion should include a general summary or extract of 

the documents without revealing confidential details. If a person seeks 

a protective order against disclosure to other parties as well as the 

public, copies of the documents shall not be served on other parties. 

Unless the documents are unavailable, the person shall file for 

inspection by the Administrative Law Judge a sealed copy of the 

documents as to which the order is sought.

    (b) Basis for issuance. Documents and testimony introduced in a 

public hearing are presumed to be public. A motion for a protective 

order shall be granted only upon a finding that the harm resulting from 

disclosure would outweigh the benefits of disclosure.

    (c) Requests for additional information supporting confidentiality. 

A person seeking a protective order under paragraph (a) of this section 

may be required to furnish in writing additional information with 

respect to the grounds for confidentiality. Failure to supply the 

information so requested not later than 5 days from the date of receipt 

by the person of a notice of the information required shall be deemed a 

waiver of the objection to public disclosure of that portion of the 

documents to which the additional information relates, unless the 

Administrative Law Judge shall otherwise order for good cause shown at 

or before the expiration of such 5-day period.

    (d) Confidentiality of documents pending decision. Pending a 

determination of a motion under this section, the documents as to which 

confidential treatment is sought and any other documents that would 

reveal the confidential information in those documents shall be 

maintained under seal and shall be disclosed only in accordance with 

orders of the Administrative Law Judge. Any order issued in connection 

with a motion under this section shall be made public unless the order 

would disclose information as to which a protective order has been 

granted, in which case that portion of the order that would reveal the 

protected information shall not be made public.