§ 0.603   Bases for closing a meeting to the public.

   Except where the agency finds that the public interest requires otherwise,
   an agency or advisory committee meeting may be closed to the public, and
   information pertaining to such meetings which would otherwise be disclosed
   to the public under § 0.605 may be withheld, if the agency determines that an
   open meeting or the disclosure of such information is likely to:

   (a) Disclose matters that: (1) Are specifically authorized under criteria
   established by executive order to be kept secret in the interest of national
   defense or foreign policy, and (2) are in fact properly classified pursuant
   to such executive order (see § 0.457(a));

   (b) Relate solely to the internal personnel rules and practices of an agency
   (see § 0.457(b));

   (c) Disclose matters specifically exempted from disclosure, by statute
   (other than the Freedom of Information Act, 5 U.S.C. 552). Provided, That
   such statute (1) requires that the matters be withheld from the public in
   such a manner as to leave no discretion on the issue, or (2) establishes
   particular criteria for withholding or refers to particular types of matters
   to be withheld (see § 0.457(c));

   (d) Disclose trade secrets and commercial or financial information obtained
   from a person and privileged or confidential (see § 0.457(d));

   (e) Involve accusing any person of a crime or formally censuring any person;

   (f)  Disclose  information of a personal nature where disclosure would
   constitute  a  clearly  unwarranted  invasion of personal privacy (see
   § 0.457(f));

   (g) 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 such records or information would (1)
   interfere with enforcement proceedings, (2) deprive a person of a right to a
   fair trial or an impartial adjudication, (3) constitute an unwarranted
   invasion of personal privacy, (4) 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, (5)
   disclose investigative techniques and procedures, or (6) endanger the life
   or physical safety of law enforcement personnel;

   (h) Disclose information contained in or related to examination, operating,
   or condition reports prepared by, on behalf of, or for the use of an agency
   responsible for the regulation or supervision of financial institutions;

   (i) Disclose information the premature disclosure of which would be likely
   to significantly frustrate implementation of a proposed agency action,
   except where the agency has already disclosed to the public the content or
   nature of the disclosed action, or where the agency is required by law to
   make such disclosure on its own initiative prior to taking final agency
   action on such proposal; or

   (j)  Specifically  concern the agency's issuance of a subpoena, or the
   agency'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 agency of a particular case of
   formal agency adjudication pursuant to the procedures specified in 5 U.S.C.
   554 or otherwise involving a determination on the record after opportunity
   for hearing.

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