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BIS Issues Final Rule About Releasing Classified Information in Court

The Bureau of Industry and Security released a final rule Oct. 5 to prevent its publicly disclosing classified national security information during a court battle. The rule said BIS can submit classified information in private -- or “ex parte and…

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in camera” -- to courts reviewing an agency action under Export Administration Regulations. “By providing such information ex parte and in camera to a reviewing court,” the rule said, “BIS can limit access to the information and prevent public disclosure of the information during the course of litigation.”