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