TITLE 5 - ADMINISTRATIVE PERSONNEL

CHAPTER XVI - OFFICE OF GOVERNMENT ETHICS

SUBCHAPTER A - ORGANIZATION AND PROCEDURES

PART 2604 - FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE PRODUCTION OF PUBLIC FINANCIAL DISCLOSURE REPORTS

subpart d - EXEMPTIONS UNDER FOIA

2604.401 - Policy.

  (a) Policy on application of exemptions. Section 552(b) of the Freedom of Information Act contains nine exemptions to the mandatory disclosure of records. A requested record will not be withheld from inspection or copying unless it comes within one of the classes of records exempted by 5 U.S.C. 552. In making its determination on withholding, OGE will consider whether another statute, Executive order or regulation prohibits release or, if not, whether there is a need in the public interest to withhold material which is otherwise exempt under FOIA.

  (b) Pledge of confidentiality. Information obtained from any individual or organization, furnished in reliance on a provision for confidentiality authorized by applicable statute, Executive order or regulation, will not be disclosed to the extent it can be withheld under one of the exemptions. However, this paragraph does not itself authorize the giving of any pledge of confidentiality by any officer or employee of the Office of Government Ethics.

  (c) Exception for law enforcement information. The Office may treat records compiled for law enforcement purposes as not subject to the requirements of the Freedom of Information Act when: (1) The investigation or proceeding involves a possible violation of criminal law; (2) There is reason to believe that the subject of the investigation or proceeding is unaware of its pendency; and (3) The disclosure of the existence of the records could reasonably be expected to interfere with the enforcement proceedings.

  (d) Partial application of exemptions. Any reasonably segregable portion of a record will be provided to any person requesting the record after deletion of the portions which are exempt under this subpart.