[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR701.3]

[Page 47]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 701_AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION 
OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents
 
   Subpart A_Department of the Navy Freedom of Information Act (FOIA) 
                                 Program
 
Sec. 701.3  Applicability.

    (a) Subparts A, B, C, and D of this part apply throughout the 
Department of the Navy (DON) and take precedence over other DON 
instructions, which may serve to supplement it [i.e., Public Affairs 
Regulations, Security Classification Regulations, Navy Regulations, 
Marine Corps Orders, etc.]. Further, issuance of supplementary 
instructions by DON activities, deemed essential to the accommodation of 
perceived requirements peculiar to those activities, may not conflict.
    (b) The FOIA applies to ``records'' maintained by ``agencies'' 
within the Executive Branch of the Federal government, including the 
Executive Office of the President and independent regulatory agencies. 
It states that ``any person'' (U.S. citizen; foreigner, whether living 
inside or outside the United States; partnerships; corporations; 
associations; and foreign and domestic governments) has the right 
enforceable by law, to access Federal agency records, except to the 
extent that such records (or portions thereof) are protected from 
disclosure by one or more of the nine FOIA exemptions or one of three 
special law enforcement exclusions.
    (c) Neither Federal agencies nor fugitives from justice may use the 
FOIA to access agency records.
    (d) The Department of Defense (DoD) FOIA directive states that the 
FOIA programs of the U.S. Atlantic Command and the U.S. Pacific Command 
fall under the jurisdiction of the Department of Defense and not the 
Department of the Navy. This policy represents an exception to the 
policies directed under DoD Directive 5100.3, ``Support of the 
Headquarters of Unified, Specified, and Subordinate Commands.''