§ 702.53 Closed meetings. ( a ) The Commission may close a portion or portions of a meeting and withhold information pertaining to such meeting when it determines that the public interest does not require otherwise and when such portion or portions of a meeting or the disclosure of such information is likely to: ( 1 ) Disclose matters that are: ( i ) Specifically authorized under criteria established by an Executive Order to be kept secret in the interests of national defense or foreign policy and
( ii ) In fact properly classified pursuant to such Executive Order;
( 2 ) Disclose information relating solely to the internal personnel rules and practices of the Commission;
( 3 ) Disclose matters specifically exempted from disclosure by statute (other than 5 U.S.C. 552b), provided that such statute: ( i ) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or
( ii ) Establishes particular criteria for withholding or refers to particular types of matters to be withheld;
( 4 ) Disclose trade secrets and commercial or financial information obtained from a person and is privileged or confidential;
( 5 ) Involve accusing any person of a crime or formally censuring any person;
( 6 ) Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
( 7 ) Disclose investigatory records compiled for law enforcement purposes, or information that if written would be contained in such records, but only to the extent that the production of such records or information would: ( i ) Interfere with enforcement proceedings,
( ii ) Deprive a person of a right to a fair trial or an impartial adjudication,
( iii ) Constitute an unwarranted invasion of personal privacy,
( iv ) Disclose the identity of a confidential source and, in the case of a record received by the Commission from a criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source,
( v ) Disclose investigative techniques and procedures, or
( vi ) Endanger the life or physical safety of law enforcement personnel;
( 8 ) Disclose information received by the Commission and 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;
( 9 ) Disclose information the premature disclosure of that would: ( i ) In the case of information received by the Commission from an agency that regulates currencies, securities, commodities, or financial institutions, be likely to: ( A ) Lead to significant financial speculation in currencies, securities, or commodities, or
( B ) Significantly endanger the stability of any financial institution; or
( ii ) Be likely to significantly frustrate implementation of a proposed action, except that this paragraph shall not apply in any instance where the Commission has already disclosed to the public the content or nature of its proposed action or where the Commission is required by law to make such disclosure on its own initiative prior to taking final agency action on such proposal; or
( 10 ) Specifically concern the Commission's issuance of a subpoena or the Commission's participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration.
( b ) [Reserved]