# 15 CFR § 791.102: Confidentiality of information

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-15-791.102

## Section

- **Citation:** 15 CFR § 791.102
- **Heading:** Confidentiality of information
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 15—Commerce and Foreign Trade > Subtitle B—Regulations Relating to Commerce and Foreign Trade > CHAPTER VII—BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE > SUBCHAPTER E—INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES REGULATIONS > PART 791—SECURING THE INFORMATION AND COMMUNICATIONS TECHNOLOGY AND SERVICES SUPPLY CHAIN > Subpart B—Review of ICTS Transactions

## Text

(a) Information or documentary materials, not otherwise publicly or commercially available, submitted or filed with the Secretary under this part will not be released publicly except to the extent required by law.
(b) The Secretary may, subject to appropriate confidentiality and classification requirements, disclose information or documentary materials that are not otherwise publicly or commercially available and referenced in paragraph (a) of this section in the following circumstances:
(1) Pursuant to any administrative or judicial proceeding;
(2) Pursuant to an act of Congress;
(3) Pursuant to a request from any duly authorized committee or subcommittee of Congress;
(4) Pursuant to a request from any domestic governmental entity or any foreign governmental entity of a United States ally or partner, but only to the extent necessary for national security purposes;
(5) Where the parties or a party to a transaction have consented, the information or documentary material that is not otherwise publicly or commercially available may be disclosed to third parties;
(6) Where the Secretary has determined that at least one Covered ICTS Transaction related to the information or documents presents an undue or unacceptable risk, and disclosure to the public or to affected third parties is necessary to prevent or significantly reduce imminent harm to U.S. national security, or the security and safety of United States persons; and
(7) Any other purpose authorized by law.
(c) This section shall continue to apply with respect to information and documentary materials that are not otherwise publicly or commercially available and submitted to or obtained by the Secretary even after the Secretary issues a Final Determination pursuant to § 791.109.
(d) The provisions of 18 U.S.C. 1905, relating to fines and imprisonment and other penalties, shall apply with respect to the disclosure of information or documentary material provided to the Secretary under these regulations.
[86 FR 4923, Jan. 19, 2021. Redesignated and amended at 89 FR 58265, July 18, 2024; 89 FR 96894, Dec. 6, 2024]

## Nearby sections

- [15 CFR § 791.1 § 791.1 Purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.1.md)
- [15 CFR § 791.2 § 791.2 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.2.md)
- [15 CFR § 791.3 § 791.3 Scope of Covered ICTS Transactions.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.3.md)
- [15 CFR § 791.4 § 791.4 Determination of foreign adversaries.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.4.md)
- [15 CFR § 791.5 § 791.5 Effect on other laws.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.5.md)
- [15 CFR § 791.6 § 791.6 Amendment, modification, or revocation.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.6.md)
- [15 CFR § 791.7 § 791.7 Public disclosure of records.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.7.md)
- [15 CFR § 791.100 § 791.100 General.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.100.md)
- [15 CFR § 791.101 § 791.101 Information to be furnished on demand.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.101.md)
- [15 CFR § 791.102 § 791.102 Confidentiality of information.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.102.md)
- [15 CFR § 791.103 § 791.103 Review of ICTS Transactions.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.103.md)
- [15 CFR § 791.104 § 791.104 First interagency notification.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.104.md)
- [15 CFR § 791.105 § 791.105 Initial Determination.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.105.md)
- [15 CFR § 791.106 § 791.106 Recordkeeping requirement.](https://www.frixlaw.com/law-library/statutes/ecfr-15-791.106.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-15-791.102. Check the current official text before relying on it. Not legal advice.