§ 2004.33 Factors the General Counsel may consider.

The General Counsel may grant an employee permission to testify regarding USTR matters and to produce records and information in response to a demand or request. Among the relevant factors the General Counsel may consider in making this determination are whether: (a) The requested records, information or testimony are reasonable in scope, relevant and material to the pending action, and unavailable from other sources such as a non-USTR employee, or a USTR employee other than the employee named. (b) Production of the records, information or testimony might result in USTR appearing to favor one litigant over another. (c) USTR has an interest in the decision that may be rendered in the legal proceeding. (d) Approving the demand or request would assist or hinder USTR in performing statutory duties or unduly burden USTR resources. (e) The demand or request is unduly burdensome or otherwise inappropriate under the rules of discovery or procedure governing the case or matter in which the demand or request arose. (f) Production of the records, information or testimony might violate or be inconsistent with a statute, Executive Order, regulation or other legal authority. (g) Disclosure, including release in camera, is appropriate or necessary under the relevant substantive law concerning privilege. (h) Disclosure, except when in camera and necessary to assert a claim of privilege, would reveal information properly classified or other matters exempt from unrestricted disclosure. (i) Disclosure would interfere with ongoing enforcement proceedings, compromise constitutional rights, reveal the identity of an intelligence source or confidential informant, or disclose trade secrets or similarly confidential commercial or financial information. (j) Any other appropriate factor.