reflecting commercial and financial information, as well as other information, obtained from any person and customarily regarded as privileged and confidential by the person from whom they were obtained.

(e) Interagency ΟΤ intra-agency memoranda or letters. Included in this category are records such as interagency communications and internal drafts, memoranda between officials and agencies, opinions and interpretations prepared by staff or consultants; records of the deliberations of staff personnel; and records whose premature disclosure would interfere with the achievement of the purpose for which they were being prepared.

(f) Personnel, medical, and other files. Included in this category are personnel and medical files and other files containing private or personnel information which, if disclosed to the public, would amount to a clearly unwarranted invasion of the privacy of any person to whom the information pertains.

(g) Investigatory files. Included in this category are files compiled for the enforcement of all laws, or prepared in connection with Government litigation and adjudicative proceedings, except for those portions of such files which are by law available to persons in litigation with the Department, in which case such portions will be made available to such litigants.

§ 6.5 Authority to release and certify, or to withhold records.

(a) Except as provided in § 6.9, authority is hereby delegated to the Chief, Records Services Division, to furnish copies of records to any person entitled thereto pursuant to these regulations, and upon request to provide certified copies thereof in accordance with Part 131 of this chapter.

(b) A determination by the Deputy Legal Adviser for Administration to deny a request to make a record available is final, and no appeal will be received by the Department of State from such a determination. This determination shall be in written form, clearly stating the

basis upon which the record has been withheld.

§ 6.6 Public reading room.

A public reading room or area where the records described in § 6.3 shall be made available is located in the Department of State, 2201 C Street NW., Washington, D.C. The receptionist will refer the applicant to the proper room. Fees will not be charged for access by the public to this room or the records contained therein, but fees in accordance with § 6.8 will be charged for furnishing copies thereof.

§ 6.7 Manner of requesting records.

(a) Identifiable records may be requested by the public in person from 10 a.m. to 4 p.m., Department of State, 2201 C Street NW., Washington, D.C., where the receptionist will refer the applicant to the proper office for service and the necessary forms for making a request. Requests by mail should be addressed to the Chief, Records Services Division, Department of State, Washington, D.C. 20520.

(b) In view of the decentralized nature of the files of the Department of State and the Foreign Service, it will generally not be possible to make the requested records available immediately upon request. Records will be made available as promptly as is reasonable under the particular circumstances involved.

(c) Original or record copies of records will not be permitted to leave the custody of the lawful custodian thereof. Copies, duly certified upon request, will be furnished in lieu thereof in accordance with established fees.

(d) Requests relating to records of any other Federal agency copies of which are on file in the Department of State will normally be referred to that agency for consideration.

(e) The burden of adequately identifying the record so requested lies with the requesting person. Such person may seek appropriate assistance from the Chief, Records Services Division, or a member of his staff, in identifying the record sought.

(b) When no specific fee has been established for a service, or the request for a service does not fall under one of the above categories due to the amount or size or type thereof, the Chief, Records Services Division is authorized to establish an appropriate fee pursuant to the criteria established in Bureau of the Budget Circular No. A-25, entitled "User Charges".

(c) When a request for identifiable records is made by mail pursuant to § 6.7(a), it should be accompanied by remittance of the total fee chargeable, as well as a self-addressed stamped envelope, if special mail services are desired.

(d) Fees must be paid in full prior to issuance of requested copies. If uncertainty as to the existence of a record, or as to the number of sheets to be copied or certified precludes remitting the exact fee chargeable with the request, the Department of State will inform the interested party of the exact amount required.

(e) Remittances shall be in the form either of a personal check or bank draft drawn on a bank in the continental United States; or postal money order; or cash. Remittances shall be made payable to the order of the Department of State. The Department will assume no responsibility for cash which is lost in the mail.

(f) A receipt for fees paid will be given only upon request. Refund of fees paid for services actually rendered will not be made.

§ 6.9 Access to classified foreign policy records for nonofficial research purposes.

(a) General policy. (1) The Department permits access to its classified foreign policy records by individuals engaged in private research as liberally as possible, consistent with the national interest, the maintenance of friendly relations with other nations, the efficient operation of the Department and the Foreign Service, and the administrative feasibility of servicing requests for access to records.

(2) Former incumbents of senior positions within the Department shall be accorded access to records relating to their own activities, except in those cases where the Secretary of State determines that such access would not serve the national interest. Such persons enjoying access to sensitive materials may be required to submit their notes for clearance by the Department prior to the publication of any manuscript prepared as a result of such access.

(b) Three periods with respect to access by nonofficial researchers to the foreign policy records of the Department— (1) Closed period. The foreign policy records of the Department are in general closed to access by nonofficial researchers in advance of the publication of the Department's documentary series entitled "Foreign Relations of the United States." The beginning date of the closed period will be advanced automatically as the annual "Foreign Relations" volumes are released. Copies of identifiable unclassified foreign policy records of this period may be obtained in accordance with the procedures set forth in the preceding sections of this part.

(2) Open period. The open period is the period up to 30 years from the current year. The foreign policy records of the Department for the open period are in the National Archives and may be consulted under regulations issued by the National Archives.

(3) Restricted period. The restricted period is the period between the open period and the closed period. Access to foreign policy records in the restricted period shall be confined to qualified re

searchers demonstrating a scholarly or professional need for the information contained in such records. Access to these records of the restricted period will be granted only to U.S. citizens. Copies of identifiable unclassified foreign policy records of this period may be obtained in accordance with the procedures set forth in the preceding sections of this part.

(c) Special restrictions on access to classified records in addition to the general restrictions listed in paragraph (b) of this section. (1) The use of classified records or information therefrom is subject to the Department's Security Regulations.

(2) Access to certain types of foreign policy records will not be given if their publication, in whole or in part, would be contrary to the interests of national defense or foreign policy, such as (i) materials which might tend to prejudice the conduct of foreign relations by the U.S. Government; (ii) materials embodying opinions or comments which might give needless offense to other nations or individuals abroad; and (iii) materials which would violate the confidence reposed in the Department or in the Foreign Service.

(3) In general, foreign policy records originated by a foreign government or another agency of the U.S. Government and not yet published or opened to access by that government or agency, will not be made available to researchers without the consent of the government or agency concerned.

(d) Application for nonofficial access to foreign policy records in the restricted and closed periods-(1) Submission of application. A written application for access to foreign policy records in the restricted and closed periods shall be sub

mitted to the Director, Historical Office, Department of State, Washington, D.C. 20520.

(2) Information to be furnished in application. The application shall contain a description of the nature and scope of the proposed study and the types of records required. Administrative considerations make it necessary for the researcher to confine his request to records on specific topics. The applicant also shall provide data establishing his citizenship, academic background and research experience. The application shall be accompanied by appropriate references or, preferably, by letters of recommendation.

(3) Departmental action on the application. The Director of the Historical Office shall determine the nature and extent of access to be granted, and any special restrictions to be placed on the use of the information, and shall notify the applicant whether access to the desired records can be granted. If access is granted, the Director will then make any necessary arrangements for the applicant to consult the records, subject to such conditions as may be agreed upon.

(e) Clearance of notes or materials resulting from nonofficial use of records for research purposes. The researcher who has been granted access to classified foreign policy records shall be required to agree, in advance of his access to records, to submit to the Director of the Historical Office for purpose of review, all such notes or manuscripts as the researcher may prepare from the records. The Director of the Historical Office shall review and then transmit the cleared notes or manuscripts to the researcher, deleting such items as the Department may deem necessary to withhold.

§ 7.1

Establishment of Board of Appellate Review; purpose.

There is hereby established the Board of Appellate Review in the Office of the Deputy Under Secretary for Administration for the purpose of promoting centralization of administrative appeal procedures required by law and regulation or otherwise as provided by the Department.

§ 7.2 Board membership.

The Board shall consist of regular members who shall serve on a full-time basis, one of whom shall be designated the head thereof, and such ad hoc members as may be designated from time to time by the Deputy Under Secretary for Administration. Nothing in this section shall prohibit the designation of ad hoc members from among persons not employed by the Department or its Foreign Service.

(a) Nationality cases. The Board shall consider and determine appeals under § 50.60 of this title. The Board may adopt and make public rules of procedure approved by the Secretary (Part 50, Subpart D of this title).

(b) Passport cases. (1) The Board shall consider and determine appeals under § 51.90 of this title. The Board may adopt and make public rules of procedure approved by the Secretary (Part 51, Subpart F of this title).

(2) The Board shall have responsibility for providing a regular or ad hoc member to act in the capacity of hearing officer under § 51.83 of this title.

(c) Contract cases. The Board may, as directed by the Deputy Under Secretary for Administration, consider and determine appeals of contractors or grantees from final decisions of contracting officers arising under contracts or grants of the Department of State. This part shall not apply to contract appellate functions otherwise provided for in Department of State Procurement Regulations, 41 CFR Parts 6-60.

(d) Personnel cases. (1) The Board shall have responsibility for providing a regular or ad hoc member to act in the capacity of hearing officer under section 1844.2, Volume 3, Foreign Affairs Manual (3 FAM 1844.2) in cases involving appeals from adverse decisions provided for in 3 FAM 1840.

(2) The Board shall make available, upon request of the Board of the Foreign Service under 3 FAM 764.2, regular and ad hoc members of the Board for designation as panel members for the purpose of taking testimony and making findings in cases involving the separation for cause of a Foreign Service officer or employee.

10.735-409 Confidentiality

statements.

10.735-410 Effect of employees' statements on other requirements.

AUTHORITY: The provisions of this Part 10 issued under E.O. 11222; 3 CFR, 1964-1965 Comp.; 5 CFR 735.104.

SOURCE: The provisions of this Part 10 contained in Dept. Reg. 108.575, 32 F.R. 17454, Dec. 5, 1967, unless otherwise noted.

Subpart A-General Provisions § 10.735-101

Purpose.

The maintenance of the highest standards of honesty, integrity, impartiality, and conduct by Government employees and special Government employees is essential to assure the proper performance of the Government business and the maintenance of confidence by citizens in their Government. The avoidance of misconduct and conflicts of interest on the part of Government employees and special Government employees through informed judgment is indispensable to the maintenance of these standards. To accord with these concepts the regulations in this part prescribe standards of conduct and responsibilities for employees and special Government employees and require statements reporting employment and financial interests.

NOTE: These regulations are codified in State 3 FAM 620, AID M.O. 443.1, and USIA MOA V-A 550.

(a) "Agency" means the Department of State (State), the U.S. Information Agency (USIA) and the Agency for International Development (AID).

(b) "Employee" means an officer or employee at home or abroad, of an agency named in paragraph (a) of this section, but does not include a special Government employee or a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, Environmental Sciences Services Administration, or Public Health Service.

(c) "Executive order" means Executive Order 11222 of May 8, 1965.