[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR102.6]

[Page 12]
 
                               ASSISTANCE
 
                CHAPTER I--SMALL BUSINESS ADMINISTRATION
 
PART 102--RECORD DISCLOSURE AND PRIVACY--Table of Contents
 
                  Subpart A--Disclosure of Information
 
Sec. 102.6  How will SBA respond to requests for business information?

    (a) Business information is a trade secret, or commercial or 
financial information, contained in records provided to SBA by any 
person and which may be protected from disclosure under Exemption Four 
of FOIA (5 U.S.C. 552(b)(4)).
    (b) The submitter is the business entity to which the business 
information pertains and which submitted the information to SBA, either 
directly or through an intermediary, such as a bank.
    (c) SBA will disclose upon request business information that has 
previously been released to the general public.
    (d) If you request business information submitted to SBA prior to 
March 1, 1996 which has not previously been released to the general 
public, SBA will notify the submitter of your request upon SBA's receipt 
of it if SBA intends to release that information. SBA will give the 
submitter 5 working days to identify information the disclosure of which 
would likely cause substantial competitive harm and why that harm would 
occur unless SBA intends to deny your request in full.
    (e) If you request business information submitted to SBA after March 
1, 1996 which has not previously been released to the general public, 
SBA will notify the submitter if it intends to release business 
information which either the submitter has previously claimed or which 
SBA believes to be confidential and the disclosure of which would cause 
substantial competitive harm. The submitter will have 5 working days to 
object to the disclosure, explaining why the harm would occur.
    (f) Whenever a submitter objects to disclosure, SBA will consider 
the submitter's objections, but will not be bound by it. If SBA 
discloses information despite a submitter's objection, SBA will give the 
submitter the maximum notice possible before disclosure without 
violating the time constraints imposed by FOIA. In this notice, SBA will 
tell the submitter when and what it intends to disclose.
    (g) SBA will promptly notify the submitter of any suit filed against 
SBA to compel disclosure.