Foreign Relations 

U.S. Code > Title 22 > Chapter 75 > Subchapter III > § 6743 - Prohibition relating to unscheduled discrete organic chemicals and coincidental byproducts in waste streams

(a) Freedom of Information Act exemption for certain Convention
  information
  Except as provided in subsection (b) or (c) of this section, any
confidential business information, as defined in section 6713(g) of
this title, reported to, or otherwise acquired by, the United
States Government under this chapter or under the Convention shall
not be disclosed under section 552(a) of title 5.
(b) Exceptions
  (1) Information for the Technical Secretariat
    Information shall be disclosed or otherwise provided to the
  Technical Secretariat or other states parties to the Chemical
  Weapons Convention in accordance with the Convention, in
  particular, the provisions of the Annex on the Protection of
  Confidential Information.
  (2) Information for Congress
    Information shall be made available to any committee or
  subcommittee of Congress with appropriate jurisdiction upon the
  written request of the chairman or ranking minority member of
  such committee or subcommittee, except that no such committee or
  subcommittee, and no member and no staff member of such committee
  or subcommittee, shall disclose such information or material
  except as otherwise required or authorized by law.
  (3) Information for enforcement actions
    Information shall be disclosed to other Federal agencies for
  enforcement of this chapter or any other law, and shall be
  disclosed or otherwise provided when relevant in any proceeding
  under this chapter or any other law, except that disclosure or
  provision in such a proceeding shall be made in such manner as to
  preserve confidentiality to the extent practicable without
  impairing the proceeding.
(c) Information disclosed in national interest
  (1) Authority
    The United States Government shall disclose any information
  reported to, or otherwise required by the United States
  Government under this chapter or the Convention, including
  categories of such information, that it determines is in the
  national interest to disclose and may specify the form in which
  such information is to be disclosed.
  (2) Notice of disclosure
    (A) Requirement
      If any Department or agency of the United States Government
    proposes pursuant to paragraph (1) to publish or disclose or
    otherwise provide information exempt from disclosure under
    subsection (a) of this section, the United States National
    Authority shall, unless contrary to national security or law
    enforcement needs, provide notice of intent to disclose the
    information - 
        (i) to the person that submitted such information; and
        (ii) in the case of information about a person received
      from another source, to the person to whom that information
      pertains.

    The information may not be disclosed until the expiration of 30
    days after notice under this paragraph has been provided.
    (B) Proceedings on objections
      In the event that the person to which the information
    pertains objects to the disclosure, the agency shall promptly
    review the grounds for each objection of the person and shall
    afford the objecting person a hearing for the purpose of
    presenting the objections to the disclosure. Not later than 10
    days before the scheduled or rescheduled date for the
    disclosure, the United States National Authority shall notify
    such person regarding whether such disclosure will occur
    notwithstanding the objections.
(d) Criminal penalty for wrongful disclosure
  Any officer or employee of the United States, and any former
officer or employee of the United States, who by reason of such
employment or official position has obtained possession of, or has
access to, information the disclosure or other provision of which
is prohibited by subsection (a) of this section, and who, knowing
that disclosure or provision of such information is prohibited by
such subsection, willfully discloses or otherwise provides the
information in any manner to any person (including any person
located outside the territory of the United States) not authorized
to receive it, shall be fined under title 18 or imprisoned for not
more than five years, or both.
(e) Criminal forfeiture
  The property of any person who violates subsection (d) of this
section shall be subject to forfeiture to the United States in the
same manner and to the same extent as is provided in section 229C
(!1) of title 18.

(f) International inspectors
  The provisions of this section shall also apply to employees of
the Technical Secretariat.

Legislative History

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U.S. Code Provisions: Foreign Relations

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