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§ 1263.105 - Considerations in determining whether production or disclosure should be made.

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The General Counsel or designate shall direct employees to honor all valid demands. In deciding whether a particular demand is valid, the General Counsel or designate may consider:

Whether such disclosure or appearance is appropriate under the rules of procedure governing the legal proceeding in which the demand arose.

Whether disclosure is appropriate under the relevant substantive law concerning privilege.

Whether disclosure might improperly reveal trade secrets, or commercial or financial information that is confidential or privileged.

Whether disclosure might reveal classified information.

Whether disclosure would violate a specific applicable constitutional provision, federal statute or regulation, or executive order.

Whether appearance of the requested employee would seriously implicate an interest of the Agency such as conservation of employee time for conducting official business, avoidance of expending appropriated monies for non-federal purposes, or avoidance of involving the agency in controversial issues not related to its mission.

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§ 1263.104 - Production, disclosure, or testimony prohibited unless approved.
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§ 1263.106 - Final decision of the General Counsel as to production, disclosure, or appearance.