(b) An Agency record will be released in response to a written request, unless a valid legal exemption and/or exclusion to disclosure is asserted.

1. (1) Any applicable exemption and/or exclusion to disclosure, which is provided under the FOIA in 5 U.S.C. 552, may be asserted. The applicable exemptions and/or exclusions to disclosure are as follows:

   1. (i) Exclusions.

      1. (A) Where the subject of a criminal investigation or proceeding is unaware of the existence of records concerning a pending investigation and disclosure of such records would interfere with the investigation.
      2. (B) Where there are informant records maintained by a criminal law enforcement agency and the individual's status as an informant is not known.
      3. (C) Where there are classified FBI records pertaining to foreign intelligence, counterintelligence or international terrorism records.

   2. (ii) Exemptions.

      1. (A) Information that is classified to protect national security.
      2. (B) Information related solely to the internal personnel rules and practices of an agency.
      3. (C) Information that is prohibited from disclosure by another federal law.
      4. (D) Trade secrets or commercial or financial information that is confidential or privileged.

      5. (E) Privileged communications within or between agencies, including:

         (1) Deliberative process privilege;

         (2) Attorney-work product privilege; and

         (3) Attorney-client privilege.

      6. (F) Information that, if disclosed, would invade another individual's personal privacy.

      7. (G) Information compiled for law enforcement purposes that:

         (1) Could reasonably be expected to interfere with enforcement proceedings.

         (2) Would deprive a person of a right to a fair trial or an impartial adjudication.

         (3) Could reasonably be expected to constitute an unwarranted invasion of personal privacy.

         (4) Could reasonably be expected to disclose the identity of a confidential source.

         (5) Would disclose techniques and procedures for law enforcement investigations or prosecutions.

         (6) Could reasonably be expected to endanger the life or physical safety of any individual.

      8. (H) Information that concerns the supervision of financial institutions.
      9. (I) Geological information on wells.
2. (2) A record must exist and be in the possession and control of the Agency at the time of the request to be considered subject to this part and the FOIA. There is no obligation to create, compile, or obtain a record to satisfy a FOIA request.