§ 791.102. Confidentiality of information.
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/us/cfr/t15/s§ 791.102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Information or documentary materials, not otherwise publicly or commercially available, submitted or filed with the Secretary under this part will not be released publicly except to the extent required by law.
(b)The Secretary may, subject to appropriate confidentiality and classification requirements, disclose information or documentary materials that are not otherwise publicly or commercially available and referenced in paragraph
(a)of this section in the following circumstances:
(1)Pursuant to any administrative or judicial proceeding;
(2)Pursuant to an act of Congress;
(3)Pursuant to a request from any duly authorized committee or subcommittee of Congress;
(4)Pursuant to a request from any domestic governmental entity or any foreign governmental entity of a United States ally or partner, but only to the extent necessary for national security purposes;
(5)Where the parties or a party to a transaction have consented, the information or documentary material that is not otherwise publicly or commercially available may be disclosed to third parties;
(6)Where the Secretary has determined that at least one Covered ICTS Transaction related to the information or documents presents an undue or unacceptable risk, and disclosure to the public or to affected third parties is necessary to prevent or significantly reduce imminent harm to U.S. national security, or the security and safety of United States persons; and
(7)Any other purpose authorized by law.
(c)This section shall continue to apply with respect to information and documentary materials that are not otherwise publicly or commercially available and submitted to or obtained by the Secretary even after the Secretary issues a Final Determination pursuant to § 791.109.
(d)The provisions of 18 U.S.C. 1905, relating to fines and imprisonment and other penalties, shall apply with respect to the disclosure of information or documentary material provided to the Secretary under these regulations. \[86 FR 4923, Jan. 19, 2021. Redesignated and amended at 89 FR 58265, July 18, 2024; 89 FR 96894, Dec. 6, 2024\]
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