[Code of Federal Regulations]

[Title 45, Volume 3]

[Revised as of October 1, 2005]

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

[CITE: 45CFR502.13]



[Page 15-16]

 

                        TITLE 45--PUBLIC WELFARE

 

 CHAPTER V--FOREIGN CLAIMS SETTLEMENT COMMISSION OF THE UNITED STATES, 

                          DEPARTMENT OF JUSTICE

 

PART 502_PUBLIC INFORMATION-FREEDOM OF INFORMATION ACT--Table of Contents

 

Sec. 502.13  Exemptions.



    In the event any document or record requested hereunder should 

contain material which is exempt from disclosure under this section, any 

reasonably segregable portion of the record will, notwithstanding that 

fact, and to the extent feasible, be provided to any person requesting 

it, after deletion of the portions which are exempt under this section. 

Documents or records determined to be exempt from disclosure hereunder 

may nonetheless be provided upon request in the event it is determined 

that the provision of the document would not violate the public interest 

or the right of any person to whom the information may pertain, and the 

disclosure is not prohibited by law or Executive Order. The following 

categories of records are exempt from disclosure under the provisions of 

5 U.S.C. 552(b):

    (a) Records which are specifically required by Executive Order to be 

kept secret in the interest of national defense or foreign policy and 

are in fact properly classified pursuant to such Executive Order. This 

exception may apply to records in the custody of the Commission which 

have been transmitted to the Commission by another agency which has 

designated the record as nonpublic under Executive Order.

    (b) Records related solely to the internal personnel rules and 

practices of the Commission.

    (c) Records specifically exempted from disclosure by statute.

    (d) Information given in confidence. This includes information 

obtained by or given to the Commission which constitutes confidential 

commercial or financial information, privileged information, or other 

information which was given to the Commission in confidence or would not 

customarily be released by the person from whom it was obtained.

    (e) Inter-agency or intra-agency memoranda or letters which would 

not be available by law to a private party in litigation with the 

Commission. Such communications include inter-agency memoranda, drafts, 

staff memoranda transmitted to the Commission, written communications 

between the Commission and its staff regarding the preparation of 

Commission decisions, other documents received or generated in the 

process of issuing a decision or regulation, and reports and other work 

papers of staff attorneys, accountants, and investigators.

    (f) Personnel and medical files and similar files, the disclosure of 

which would constitute a clearly unwarranted invasion of personal 

privacy.

    (g) Records or information compiled for law enforcement purposes, 

but only to the extent that the production of such law enforcement 

records or information:

    (1) Could reasonably be expected to interfere with enforcement 

proceedings;

    (2) Would deprive a person of a right to a fair trial or an 

impartial adjudication;

    (3) Could reasonably be expected to constitute an unwarranted 

invasion of personal privacy;

    (4) Could reasonably be expected to disclose the identity of a 

confidential source, including a state, local or foreign agency or 

authority or any private institution which furnished information on a 

confidential basis and, in the case of a record or information compiled 

by a criminal law enforcement authority in the course of a criminal 

investigation, or by an agency



[[Page 16]]



conducting a lawful security intelligence investigation, information 

furnished by a confidential source;

    (5) Would disclose techniques and procedures for law enforcement 

investigations or prosecutions if such disclosure could reasonably be 

expected to risk circumvention of the law; or

    (6) Could reasonably be expected to endanger the life or physical 

safety of any individual.