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Exemptions

Certain information contained in agency records is not subject to the mandatory disclosure provisions of the FOIA. The following exemptions may apply:

1. (i) Specifically authorized under criteria established by Executive Order to keep secret in the interest of national defense or foreign policy, and

(ii) In fact properly classified pursuant to such Executive Order.

2. Related solely to the internal personnel rules and practices of any agency.

3. Specifically exempted from mandatory disclosure by statute (other than the Privacy Act), provided that such statute --

(i) Requires that the matters be withheld from the public in such a manner as not to leave any discretion on the issue, or

(ii) Establishes particular criteria for withholding or refers to particular criteria for withholding or refers to particular types of matters to be withheld.

4. Trade secrets and commercial or financial information obtained from a person and privileged or confidential.

5. Inter-agency or intra-agency memorandums or letters that would not be available by law to a party other than an agency in litigation with the agency.

6. Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

7. Records of information compiled for law enforcement purposes, only to the extent that the production of such law enforcement records or information --

(i) Could reasonably be expected to interfere with enforcement proceedings.

(ii) Would deprive a person of a right to a fair or an impartial adjudication.

(iii) Could reasonably be expected to constitute an unwarranted invasion of privacy.

(iv) Could reasonably be expected to disclose the identity of a confidential source, including a state, local, tribal, or foreign agency or authority or any private institution that furnished information on a confidential basis, and, in the case of a record or information 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, information furnished by a confidential source.

(v) Would disclose techniques and procedures for law enforcement investigations or prosecutions or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law.

(vi) Could reasonably be expected to endanger the life or physical safety of any individual.

8. 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; or

9. Geological and geophysical information and data, including maps, concerning wells.