[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR5.62]



[Page 27]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5_FREEDOM OF INFORMATION REGULATIONS--Table of Contents

 

             Subpart F_Reasons for Withholding Some Records

 

Sec.  5.62  Exemption one: National defense and foreign policy.



    We are not required to release records that, as provided by FOIA, 

are ``(a) specifically authorized under criteria established by an 

Executive Order to be kept secret in the interest of national defense or 

foreign policy and (b) are in fact properly classified pursuant to such 

Executive Order.'' Executive Order No. 12356 (1982) provides for such 

classification. When the release of certain records may adversely affect 

U.S. relations with foreign countries, we usually consult with officials 

of those countries or officials of the Department of State. Also, we may 

on occasion have in our possession records classified by some other 

agency. We may refer your request for such records to the agency that 

classified them and notify you that we have done so, as explained in 

Sec.  5.23.