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45 CFR 2105.34

§ 2105.34 Can an Agency release information protected by Exemption 4?

United States · 45 CFR — Public Welfare · Status: effective

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45 CFR 2105.34, § 2105.34 Can an Agency release information protected by Exemption 4?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/222065
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If an Agency determines that the requested information is protected from release by Exemption 4 of the FOIA, the Agency has no discretion to release the information. Release of information protected from release by Exemption 4 is prohibited by the Trade Secrets Act, a criminal provision found at 18 U.S.C. 1905.

Legislative history

This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.