§  0.603   Bases for closing a meeting to the public.

   Except where the agency finds that the public interest requires
   otherwise, an agency or advisory committee meeting may be closed to the
   public, and information pertaining to such meetings which would
   otherwise be disclosed to the public under §  0.605 may be withheld, if
   the agency determines that an open meeting or the disclosure of such
   information is likely to:

   (a) Disclose matters that: (1) Are specifically authorized under
   criteria established by executive order to be kept secret in the
   interest of national defense or foreign policy, and (2) are in fact
   properly classified pursuant to such executive order (see §  0.457(a));

   (b) Relate solely to the internal personnel rules and practices of an
   agency (see §  0.457(b));

   (c) Disclose matters specifically exempted from disclosure, by statute
   (other than the Freedom of Information Act, 5 U.S.C. 552). Provided,
   That such statute (1) requires that the matters be withheld from the
   public in such a manner as to leave no discretion on the issue, or (2)
   establishes particular criteria for withholding or refers to particular
   types of matters to be withheld (see §  0.457(c));

   (d) Disclose trade secrets and commercial or financial information
   obtained from a person and privileged or confidential (see §  0.457(d));

   (e) Involve accusing any person of a crime or formally censuring any
   person;

   (f) Disclose information of a personal nature where disclosure would
   constitute a clearly unwarranted invasion of personal privacy (see
   §  0.457(f));

   (g) Disclose investigatory records compiled for law enforcement
   purposes, or information which if written would be contained in such
   records, but only to the extent that the production of such records or
   information would (1) interfere with enforcement proceedings, (2)
   deprive a person of a right to a fair trial or an impartial
   adjudication, (3) constitute an unwarranted invasion of personal
   privacy, (4) disclose the identity of a confidential source, and, in
   the case of a record 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, confidential
   information furnished only by the confidential source, (5) disclose
   investigative techniques and procedures, or (6) endanger the life or
   physical safety of law enforcement personnel;

   (h) Disclose information 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;

   (i) Disclose information the premature disclosure of which would be
   likely to significantly frustrate implementation of a proposed agency
   action, except where the agency has already disclosed to the public the
   content or nature of the disclosed action, or where the agency is
   required by law to make such disclosure on its own initiative prior to
   taking final agency action on such proposal; or

   (j) Specifically concern the agency's issuance of a subpoena, or the
   agency's participation in a civil action or proceeding, an action in a
   foreign court or international tribunal, or an arbitration, or the
   initiation, conduct, or disposition by the agency of a particular case
   of formal agency adjudication pursuant to the procedures specified in 5
   U.S.C. 554 or otherwise involving a determination on the record after
   opportunity for hearing.

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