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Securities Act Release No. 4906

Exchange Act Release No. 8313

Holding Company Act Release No. 16063

May 14, 1968

 

Adoption of Amendments to Rules Relating to Disclosure Detrimental to the National Defense or Foreign Policy.

The Securities and Exchange Commission has adopted certain amendments to its rules relating to the disclosure of documents and information detrimental to the national defense or foreign policy. The rules involved are Rule 171 under the Securities Act of 1933, Rule 0-6 under the Securities Exchange Act of 1934 and Rule 105 under the Public Utility Holding Company Act of 1935. These rules, as amended, provide that no registration statement, report, proxy statement, notification or similar document filed with the Commission shall contain any document or information which, pursuant to Executive order, has been classified by an appropriate department or agency of the United States for protection in the interests of national defense or foreign policy. The rules require the furnishing of statements from such department or agency as to the classification or clearance of such documents or information.

The amendments bring the language of the rules into conformity with the recently adopted Public Information Act and make clear that it is the duty of the registrant to submit the documents or information to the appropriate department or agency prior to filing them with the Commission and to obtain and submit to the Commission the statements regarding the classification or clearance of such documents and information. The amended rules provide that a registrant may rely upon such statements in filing or omitting documents or information.

The above described action was taken pursuant to authority conferred upon the Commission by the Securities Act of 1933, particularly Section 19(a) thereof, the Securities Exchange Act of 1934, particularly Section 23(a) thereof and the Public Utility Holding Company Act of 1935, particularly Section 20 thereof. The text of the rules as amended is set forth as follows:  Rule 171 at  [text omitted], Rule 0-6 at [text omitted], and Rule 105 at [text omitted].

The foregoing action shall become effective June 14, 1968.

By the Commission.

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