[Code of Federal Regulations]
[Title 5, Volume 3]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2604.401]

[Page 460]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
                CHAPTER XVI--OFFICE OF GOVERNMENT ETHICS
 
PART 2604_FREEDOM OF INFORMATION ACT RULES AND SCHEDULE OF FEES FOR THE 
 
                     Subpart D_Exemptions Under FOIA
 
Sec.  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.