[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: 45CFR503.24]



[Page 22-23]

 

                        TITLE 45--PUBLIC WELFARE

 

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

                          DEPARTMENT OF JUSTICE

 

PART 503_PRIVACY ACT AND GOVERNMENT IN THE SUNSHINE REGULATIONS--Table 

of Contents

 

            Subpart B_Government in the Sunshine Regulations

 

Sec. 503.24  Grounds for closing a meeting.



    (a) Except in a case where the Commission determines otherwise, a 

meeting or portion of a meeting may be closed to public observation 

where the Commission determines that the meeting or portion of the 

meeting is likely to:

    (1) Disclose matters that are:

    (i) Specifically authorized under criteria established by an 

Executive Order to be kept secret in the interests of national defense 

or foreign policy and

    (ii) In fact properly classified pursuant to such Executive order;

    (2) Relate solely to the internal personnel rules and practices of 

the Commission;

    (3) Disclose matters specifically exempted from disclosure by 

statute (other than 5 U.S.C. 552) provided that such statute:

    (i) Requires that the matters be withheld from the public in such a 

manner as to leave no discretion on the issue, or

    (ii) Establishes particular criteria for withholding or refers to 

particular types of matters to be withheld;

    (4) Disclose trade secrets and commercial or financial information 

obtained from a person and privileged or confidential;

    (5) Involve accusing any person of a crime, or formally censuring 

any person;

    (6) Disclose information of a personal nature where disclosure would 

constitute a clearly unwarranted invasion of personal privacy;

    (7) Disclose investigatory records compiled for law enforcement 

purposes, or information which if written would be contained in such 

records, but only to the extent that the production of the records or 

information would:

    (i) Interfere with enforcement proceedings,

    (ii) Deprive a person of a right to a fair trial or an impartial 

adjudication,



[[Page 23]]



    (iii) Constitute an unwarranted invasion of personal privacy,

    (iv) Disclose the identity of a confidential source and, in the case 

of a record compiled by a criminal law enforcement authority in the 

course of a criminal investigation, or by an agency conducting a lawful 

national security intelligence investigation, confidential information 

furnished only by the confidential source,

    (v) Disclose investigative techniques and procedures, or

    (vi) Endanger the life or physical safety of law enforcement 

personnel;

    (8) Disclose information contained in or related to examination, 

operating, or condition reports prepared by, on behalf of, or for the 

use of the Commission;

    (9) Disclose information the premature disclosure of which would be 

likely to significantly frustrate implementation of a proposed action of 

the Commission, provided the Commission has not already disclosed to the 

public the content or nature of its proposed action, or is not required 

by law to make the disclosure on its own initiative prior to taking 

final action on the proposal; or

    (10) Specifically concern the Commission's issuance of a subpoena or 

the Commission's participation in a civil action or proceeding, an 

action in a foreign court or international tribunal, or an arbitration, 

or the initiation, conduct, or disposition by the Commission of a 

particular case of formal agency adjudication pursuant to the procedures 

in 5 U.S.C. 554, or otherwise involve a determination on the record 

after opportunity for a hearing.

    (b) If the Commission determines that the public interest would 

require that a meeting to be open, it may nevertheless so hold.