(a) Types of records exempt
from disclosure. Pursuant to 5 U.S.C. 552(b), the following records
of the Committee are exempt from disclosure under this part.
(1) Any information that is specifically
authorized under criteria established by an executive order to be
kept secret in the interest of national defense or foreign policy
and is in fact properly classified pursuant to the executive order.
(2) Any information related solely
to the internal personnel rules and practices of the Committee.
(3) Any information specifically exempted
from disclosure by statute to the extent required by 5 U.S.C. 552(b)(3).
(4) Any matter that is a trade secret
or that constitutes commercial or financial information obtained from
a person and that is privileged or confidential.
(5) Inter- or intra-agency memorandums
or letters that would not be available by law to a party other than
an agency in litigation with the Committee, provided that the deliberative
process privilege shall not apply to records that were created 25
years or more before the date on which the records were requested.
(6) Any information contained in personnel
and medical files and similar files the disclosure of which would
constitute a clearly unwarranted invasion of personal privacy.
(7) Any records or information compiled
for law enforcement purposes, to the extent permitted under 5 U.S.C.
552(b)(7).
(8) Any matter that is
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, including
a state financial institution supervisory agency.
8-821.1
(b) Release of exempt information.
(1) Except where disclosure is expressly
prohibited by statute, regulation, or order, the Committee may release
records that are exempt from mandatory disclosure whenever the Committee
determines that such disclosure would be in the public interest.
(2) The fact that the Committee has
determined to release particular exempt information does not waive
the Committee’s ability to withhold similar exempt information in
response to the same or a different request.
(c) Delayed release. Except as required by
law, publication in the Federal Register or availability to
the public of certain information may be delayed if immediate disclosure
would likely:
(1) Interfere
with accomplishing the objectives of the Committee in the discharge
of its statutory functions;
(2)
Interfere with the orderly conduct of the foreign affairs of the United
States;
(3) Permit speculators or
others to gain unfair profits or other unfair advantages by speculative
trading in securities or otherwise;
(4) Result in unnecessary or unwarranted disturbances in the securities
markets;
(5) Interfere with the
orderly execution of the objectives or policies of other government
agencies; or
(6) Impair the ability
to negotiate any contract or otherwise harm the commercial or financial
interest of the United States, the Committee, any Federal Reserve
Bank, or any department or agency of the United States.