[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

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

[CITE: 15CFR2004.5]



[Page 455]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

      CHAPTER XX--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

 

PART 2004_FREEDOM OF INFORMATION POLICIES AND PROCEDURES--Table of 

Contents

 

Sec. 2004.5  Classified records and information from other agencies.



    (a) A Classification Review Committee is hereby established within 

STR to make determinations on the applicability of the exemption for 

classified documents. The Committee will be chaired by a staff official 

designated by the Special Representative and will consist of the 

Chairman and 2 STR Officials designated by him who have authority to 

classify and declassify documents.

    (b) The applicability of the exemption for classified information 

requires a determination that the record in question is specifically 

authorized under the criteria established by Executive Order 11652 to be 

kept classified and is in fact properly classified pursuant to that 

order. This determination shall be made whenever possible before the 

initial denial under Sec. 204.4(a)(1). It must in any case be made 

prior to the decision of an appeal under Sec. 2004.7. No denial should 

be based solely on the existence of a classification marking on the 

record, and there shall be a substantive review of the validity of the 

classification to the maximum extent feasible within the time limits for 

a denial under Sec. 2004.4.

    (c) When a request for a STR record encompasses classified 

information originated or received from another department or agency, 

the request for that information shall be referred to the originator or 

other source. The person requesting the record will be advised of the 

date and the addressee of the referral.

    (d) The Classification Review Committee will, at the request of 

another agency, make recommendations on the release of material 

concerning ``national defense or foreign policy'' originally classified 

by another agency but which is of significant subject-matter interest to 

STR.