[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR171.22]

[Page 688]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 171--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC--Table of Contents
 
               Subpart C--Executive Order 12958 Provisions
 
Sec. 171.22  Determination in disputed cases.

    (a) It is presumed that information that continues to meet the 
classification requirements under this Executive Order 12958 requires 
continued protection. In some exceptional cases, however, the need to 
protect such information may be outweighed by the public interest in 
disclosure of the information, and in these cases the information should 
be declassified. When such questions arise, they shall be referred to 
the Secretary of State or the Department's senior agency official. That 
official will determine, as an exercise of discretion, whether the 
public interest in disclosure outweighs the damage to national security 
that might reasonably be expected from disclosure.
    (b) This provision does not:
    (1) Amplify or modify the substantive criteria or procedures for 
classification; or
    (2) Create any substantive or procedural rights subject to judicial 
review.