[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR102.7]

[Page 14-15]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 102_RECORD DISCLOSURE AND PRIVACY--Table of Contents
 
                   Subpart A_Disclosure of Information
 
Sec.  102.7  Business information.

    (a) In general. Business information provided to SBA from a 
submitter will only be disclosed in accordance with this section.
    (b) Definitions. For purposes of this section:
    (1) Business information is commercial or financial information 
obtained by SBA from a submitter that may arguably be protected from 
disclosure under Exemption 4 of the FOIA.
    (2) Submitter is any person or entity who provides business 
information, directly or indirectly to SBA.
    (c) Designation of business information. Submitters of business 
information will use reasonable, good-faith efforts to designate, by 
appropriate markings, either at the time of submission or at a 
reasonable time thereafter, any portions of their submissions that they 
consider to be protected from disclosure under Exemption 4 of the FOIA. 
Designations will expire ten years after the date of the submission 
unless the submitter requests, and provides justification for, a longer 
designation period.
    (d) Notice to submitters. SBA will provide a submitter with written 
notice of

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a FOIA request or administrative appeal that seeks its business 
information whenever SBA intends to release that information. The notice 
will either describe the business information or include copies of the 
records in the form SBA proposes to release them. SBA will also advise 
the requester that the submitter is being given the opportunity to 
object to any proposed disclosure. When notification of a voluminous 
number of submitters is required, SBA may post or publish such a notice 
in a place reasonably likely to accomplish notice.
    (e) Opportunity to object to disclosure. SBA will give the submitter 
ten working days from the date of the written notice to submit a 
detailed written statement specifying all grounds upon which disclosure 
is opposed. A reasonable extension of time may be granted by the correct 
office upon good cause shown by the submitter. The submitter's statement 
must demonstrate why it believes information is a trade secret or 
commercial or financial information that is privileged or confidential. 
If a submitter fails to timely respond to the notice, such failure will 
be deemed a waiver by the submitter of any objection to the disclosure 
of the information. Information provided by a submitter under this 
paragraph may itself be subject to disclosure under the FOIA.
    (f) Notice of intent to disclose. SBA will consider a submitter's 
objections and specific grounds for nondisclosure in accordance with 
paragraph (e) of this section in deciding whether to disclose business 
information. If SBA decides to disclose business information despite the 
objection of a submitter, SBA will give the submitter written notice, 
advising the submitter what will be disclosed, and that such disclosure 
will occur within 10 working days from the date of the notice.