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(1)Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice—
(a)relations between the United Kingdom and any other State,
(b)relations between the United Kingdom and any international organisation or international court,
(c)the interests of the United Kingdom abroad, or
(d)the promotion or protection by the United Kingdom of its interests abroad.
(2)Information is also exempt information if it is confidential information obtained from a State other than the United Kingdom or from an international organisation or international court.
(3)For the purposes of this section, any information obtained from a State, organisation or court is confidential at any time while the terms on which it was obtained require it to be held in confidence or while the circumstances in which it was obtained make it reasonable for the State, organisation or court to expect that it will be so held.
(4)The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1(1)(a)—
(a)would, or would be likely to, prejudice any of the matters mentioned in subsection (1), or
(b)would involve the disclosure of any information (whether or not already recorded) which is confidential information obtained from a State other than the United Kingdom or from an international organisation or international court.
(5)In this section—
“international court” means any international court which is not an international organisation and which is established—
by a resolution of an international organisation of which the United Kingdom is a member, or
by an international agreement to which the United Kingdom is a party;
“international organisation” means any international organisation whose members include any two or more States, or any organ of such an organisation;
“State” includes the government of any State and any organ of its government, and references to a State other than the United Kingdom include references to any territory outside the United Kingdom.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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