This file contains the text of Federal Bureau of
Investigation (Department of Justice) form No. 4-694a (Rev. 12-4-86),
"EXPLANATION OF EXEMPTIONS, SUBSECTIONS OF TITLE 5, UNITED STATES
CODE, SECTION 552". It is designed to
explain the meanings of deletion markings on documents released with
ceratin material deleted under the Freedom of information Act:
Title 5, United States Code, Section 552. =============================================================== 4-694a
(Rev. 12-4-86) EXPLANATION OF EXEMPTIONS SUBSECTIONS
OF TITLE 5, UNITED STATES CODE, SECTION 552
(b)(1) |
(A)
specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national
defense or foreign policy and (B) are in fact properly
classified pursuant to such Executive order; |
(b)
(2) |
related
solely to the internal personnel rules and practices of an
agency; |
(b)
(3) |
specifically
exempted from disclosure by statute (other than section 552b of
this title), provided that such statute (A) requires that the
matters be withheld from the public in such a manner as to leave
no discretion on the issue, or (B) establishes particular
criteria withholding or refers to particuiar types of matters to
be withheld; |
(b)
(4) |
trade
secrets and commercial or financial information obtained from a
person and privileged or confidential; |
(b)
(5) |
inter-agency
or intra-agency memorandums or letters which would not be
available by law to a party other than an agency in litigation
with the agency; |
(b)
(6) |
personnel
and medical files and similar files the disclosure of which
would constitute a clearly unwarranted invasion of personal
privacy; |
(b)
(7) |
records
or information compiled for law enforcement purposes, but only
to the extent that the production of such law enforcement record
or information (A) could reasonably be expected to interfere
with enforcement proceedings, (B) would deprive a person of a
right to a fair trial or an impartial adjudication, (C) could
reasonably be expected to constitute an unwarranted invasion of
personal privacy (D) could reasonably be expected to disclose
the identity of a confidential source, including a State, local,
or foreign agency or authority or any private institution which
furnished information on a confidential basis, and, in the case
of a record or information 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, information furnished by a
confidential source, (E) would disclose techniques and
procedures for law enforcement investigations or prosecutions,
or would disclose guidelines for law enforcement investigations
or prosecutions if such disclosure could reasonably be expected
to risk circumvention of the law, or (F) could reasonably be
expected to endanger the life of physical safety of any
individual; |
(b)
(8) |
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; or |
(b)
(9) |
geological
and geophysical information and data, including maps, concerning
wells. |
SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION
552a
(d)
(5) |
information
compiled in reasonable anticipation of a civil action
proceeding; |
(j)
(2) |
material
reporting investigative efforts pertaining to the enforcement of
criminal law including efforts to prevent, controi, or reduce
crime or apprehend criminals, except records of arrest; |
(k)
(1) |
information
which is currently and properly classified pursuant to Executive
Order 12356 in the interest of the national defense or foreign
policy, for example, information involving intelligence sources
or methods; |
(k)
(2) |
investigatory
material compiled for law enforcement purposes, other than
criminal, which did not result in loss of a right, benefit or
priviledge under Federal programs, or which would identify a
source who furnished information pursuant to a promise that
his/her identity would be held in confidence; |
(k)
(3) |
material
maintained in connection with providing protective services to
the President of the United States or any other individual
pursuant to the authority of Title 18, United States Code,
Section 3056; |
(k)
(4) |
required
by statute to be maintained and used solely as statistical
records; |
(k)
(5) |
investigatory
material compiled solely for the purpose of determining
suitability eligibility, or qualifications for Federal civilian
employment or for access to classified information, the
disclosure of which would reveal the identity of the person who
furnished information pursuant to a promise that his identity
would be held in confidence; |
(k)
(6) |
testing
or examination material used to determine individual
qualifications for appointment or promotion in Federal
Government service the release of which would compromise the
testing or examination process; |
(k)
(7) |
material
used to determine potential for promotion in the armed services,
the disclosure of which would reveal the identity of the person
who furnished the material pursuant to a promise that his
identity would be held in confidence. |
FBI/DOJ
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