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ITC Revises Rules on Treatment of Classified Information

Monday, August 11, 2014
Sandler, Travis & Rosenberg Trade Report

The International Trade Commission has issued a final rule that, effective Sept. 8, will revise its rules of practice and procedure relating to national security information to ensure that they are consistent with applicable authorities. The ITC states that this rule:

- makes non-substantive revisions to 19 CFR 201.42 (purpose and scope) by including updated citations to Executive Order 13526 of Dec. 29, 2009;

- eliminates existing section 201.43 (program) and subsections 201.44(b) through (f) (concerning the safeguarding, reproduction and storage of classified materials at the ITC, along with employee education and agency terminology) because these provisions do not affect members of the public;

- updates the requirement in subsection 201.44(a) (which is moved into section 201.43) that a mandatory declassification review request describe the material sought with sufficient specificity and adds a process for responding to non-specific requests;

- expands the material in the current regulation that distinguishes MDR requests from Freedom of Information Act requests; and

- establishes procedures for referrals of requests, handling requests for foreign government information, and appeals.

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