PART 4--DISCLOSURE OF GOVERNMENT INFORMATION
Subpart B--Privacy Act
Sec. 4.33 General exemptions.
(a) Individuals may not have access
to records maintained by the
Department but which were provided by another agency
which has
determined by regulation that such information is subject
to general
exemption under 5 U.S.C. 552a(j). If such exempt records
are within a
request for access, the Department will advise the individual
of their
existence and of the name and address of the source agency.
For any
further information concerning the record and the exemption,
the
individual must contact that source agency.
(b) The general exemptions determined
to be necessary and proper
with respect to systems of records maintained by the
Department,
including the parts of each system to be exempted, the
provisions of
the Act from which they are exempted, and the justification
for the
exemption, are as follows:
(1) Individuals identified in Export
Transactions--COMMERCE/ITA-1.
Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby
determined to
be exempt from all provisions of the Act, except 5 U.S.C.
552a(b),
(c)(1) and (2), (e)(4) (A) through (F), (e) (6), (7),
(9), (10), and
(11), and (i). These exemptions are necessary to ensure
the proper
functioning of the law enforcement activity, to protect
confidential
sources of information, to fulfill promises of confidentiality,
to
maintain the integrity of the law enforcement process,
to avoid
premature disclosure of the knowledge of criminal activity
and the
evidentiary bases of possible enforcement actions, to
prevent
interference with law enforcement proceedings, to avoid
disclosure of
investigative techniques, and to avoid endangering law
enforcement
personnel. Section 12(c) of the Export Administration
Act of 1979, as
amended, also protects this information from disclosure.
(2) Fisheries Law Enforcement Case
Files--COMMERCE/NOAA-5. Pursuant
to 5 U.S.C. 552a(j)(2), these records are hereby determined
to be
exempt from all provisions of the Act, except 5 U.S.C.
552a (b), (c)
(1) and (2), (e) (4) (A) through (F), (e) (6), (7), (9),
(10), and
(11), and (i). These exemptions are necessary to ensure
the proper
functioning of the law enforcement activity, to protect
confidential
sources of information, to fulfill promises of confidentiality,
to
prevent interference with law enforcement proceedings,
to avoid the
disclosure of investigative techniques, to avoid the
endangering of law
enforcement personnel, to avoid premature disclosure
of the knowledge
of criminal activity and the evidentiary bases of possible
enforcement
actions, and to maintain the integrity of the law enforcement
process.
(3) Investigative and Inspection Records--COMMERCE/DEPT-12.
Pursuant to 5 U.S.C. 552a(j)(2), these records are hereby
determined to
be exempt from all provisions of the Act, except 5 U.S.C.
552a (b), (c)
(1) and (2), (e)(4) (A) through (F), (e) (6), (7), (9),
(10), and (11),
and (i). These exemptions are necessary to ensure the
proper operation
of the law enforcement activity, to protect confidential
sources of
information, to fulfill promises of confidentiality,
to prevent
interference with law enforcement proceedings, to avoid
the disclosure
of investigative techniques, to avoid the endangering
of law
enforcement personnel, to avoid premature disclosure
of the knowledge
of criminal activity and the evidentiary bases of possible
enforcement
actions, and to maintain the integrity of the law enforcement
proces