Contracts With Delta Crescent LLC

Matthew Petti filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking #

20-F-1683

Due Oct. 15, 2020
Est. Completion None
Status
Awaiting Response

Communications

From: Matthew Petti


To Whom It May Concern:

Pursuant to the Freedom of Information Act, I hereby request the following records:

All contracts (and their amendments), memorandums of understanding, intergovernmental service agreements, and any agreements of any sort entered into by any Department of Defense agency or service for all services, equipment, and activities in Syria involving/provided by/contracted for regarding Delta Crescent Energy, LLC through any of the aforementioned agreements.

All contracts (and their amendments), memorandums of understanding, intergovernmental service agreements, and any agreements of any sort entered into by any Department of Defense agency or service for all services, equipment, and activities in Syria involving/provided by/contracted for regarding TigerSwan, LLC through any of the aforementioned agreements.

Responsive materials should include but not be limited to:

• the initial Invitation to Bid, Request for Proposal, or equivalent call for contractors
• the responsive materials provided by the winning bidder
• all other vendor responses
• all evaluation material, scorecards, reports, and notes generated in the selection process
• the current contract
• all exhibits
• all amendments
• all invoices/receipts detailing compensation received as a result of any agreements
• all agreements related to the provision of services, such as water and sewage
• all financial agreements (such as loans or bonds) entered into as a result or in association with any of the aforementioned agreements

You may limit your search to the timeframe between February 8, 2019. Please note that I have already sent individual requests to the Defense Logistics Agency and Defense Contract Management Agency, so it not necessary to search either of those agencies' records again.

Delta Crescent Energy is a limited liability corporation registered in Delaware and located at CORPORATION TRUST CENTER, 1209 ORANGE ST, WILMINGTON, DE 19801.

TigerSwan is a limited liability corporation registered in North Carolina and located at 3467 Apex Peakway, Apex, NC 27502-5757.

On July 30, 2020, U.S. Secretary of State Michael R. Pompeo told the Senate Foreign Relations Committee that an unnamed American company was "in implementation" of a deal to work on northeastern Syria's oil industry. (https://nationalinterest.org/blog/skeptics/take-oil-american-oil-company-finally-gets-syrian-oil-deal-165902) Soon after, it was reported that Delta Crescent Energy, LLC was the company in question and TigerSwan founder James Reese was a partner in the company. (https://www.al-monitor.com/pulse/originals/2020/07/us-oil-company-deal-syria-kurds-kobani-turkey-russia-sdc-sdf.html and https://www.politico.com/news/2020/08/03/delta-crescent-energy-syrian-oil-391033).

I am seeking expedited processing of my request pursuant to 5 U.S.C.§ 552(a)(6)(E) because there is an urgency to inform the public concerning actual or alleged Federal Government activity.

President Donald Trump had stated in October and November 2019 that U.S. military forces are remain in Syria "only for the oil" and that they "may have to fight for the oil." At least two U.S. service members have died in Syria since he made these statements, and at least four were injured in an August 2020 skirmish with Russian forces (https://www.politico.com/news/2020/08/26/us-troops-injured-russian-forces-syria-402347).

Foreign countries have condemned the U.S. presence since Secretary Pompeo's July 30 statement. The Turkish foreign ministry called any U.S. move to extract Syrian oil "utterly unacceptable" (https://www.hurriyetdailynews.com/turkey-slams-us-over-oil-deal-with-ypg-in-syria-157090), while the Syrian government denounced the rumored deal as "an assault against Syria’s sovereignty" and "a continuation of the U.S. hostile approach towards Syria" (http://www.sana.sy/en/?p=198923).

Furthermore, it was reported that the northeast Syrian autonomous administration was claiming not to have signed any contracts with an American company, calling into question the accuracy of Secretary Pompeo's claims (https://nationalinterest.org/blog/skeptics/did-mike-pompeo-mislead-congress-about-syrias-oil-166158).

Therefore, this request concerns a Federal government activity in a matter of current exigency to the American public because U.S. troops are risking life and limb to protect Syrian oil and because U.S. Government officials may have misled Congress about the status of said oil. The public has an urgent need to know as much as possible about Delta Crescent Energy, LLC's relationship with the U.S. Government and with U.S. Government activities in Syria.

Federal courts have recognized the public's interest in breaking news, which "conveys information the public wants quickly,” “would lose value if it were delayed" (Am. Civil Liberties Union of N. Cal., 2006 WL 1469418 at *6.), and may have an "impact" on the public's political decision-making (Id. at *7).

Syria policy certainly could impact the public's political decision-making process. The Turkish invasion of northeastern Syria in October 2019 caused several congressional hearings and an high volume of news coverage. The public would undoubtedly have an interest in understanding further developments in U.S. policy in the same region of Syria, especially before the November 2020 elections.

I am willing to pay up to $100 in fees, but I also believe that I qualify for a fee waiver as a media requester.

I am an investigative journalist currently working for the Quincy Institute for Responsible Statecraft, and have written numerous articles on topics of public interest for the Institute's journal, Responsible Statecraft, as well the National Interest, Reason Magazine, America Magazine and the Armenian Weekly.

If you have any questions about my media status, or any other part of this request, please contact me.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Matthew Petti

From: Department of Defense, Office of the Secretary of Defense

Dear Matthew Petti,
The status of your FOIA request #'20-F-1683' has been updated to the following status 'Received'. To log into the PAL Application click on the Application URL below.

https://pal.whs.mil

Sincerely,
OSD/JS FOIA Requester Service Center

From: Department of Defense, Office of the Secretary of Defense

Dear Matthew Petti,
Your request has been received by the OSD/JS FOIA Requester Service Center. The request has been assigned tracking # '20-F-1683'. Please log into your account and review your submission.
The application address is https://pal.whs.mil.
Thank you,
OSD/JS FOIA Requester Service Center

From: Department of Defense, Office of the Secretary of Defense

Good Morning Mr. Petti;

Please find attached both FOIA Request no. 20-F-1683 which was received in our office

on September 28, 2020, as well as our office's interim response. Please refer to your assigned case

number 20-F-1683 in all future correspondences.

If you have any questions, please feel free to contact me directly.

Respectfully,

Joan L. Haynesworth

FOIA Analyst - CTR

OSD/JS FOIA Requester Service Center

Executive Services Directorate

Office: (571) 372-0428

NIPR: joan.l.haynesworth.ctr@mail.mil <mailto:joan.l.haynesworth.ctr@mail.mil>

SIPR: joan.l.haynesworth.ctr@smil.mil <mailto:joan.l.haynesworth.ctr@mail.mil>

From: Department of Defense, Office of the Secretary of Defense

Good morning Mr. Petti;

This email is in response to your status update request regarding OSD/JS FOIA request
20-F-1683, a copy is attached for your convenience.

It is our policy that each request receives prompt attention, and every effort is made to treat all
requesters equally. Please note that your request was tasked for search. Unfortunately, the search
for the requested records has not been completed. As stated in our interim response, our administrative
workload was 3,531 open requests at the time we received this request. Please understand our problem
with the volume of requests. Once I receive the response from the agency/component conducting the
search, I will act on your request as soon as possible and respond directly to you. I have also requested
an estimated completion date from the component conducting the search and once I hear from the component,
I will update you with that date. I apologize for the anticipated delay in responding to your request.

If you have any additional questions, please contact me.

Respectfully,

Joan L. Haynesworth
FOIA Analyst - CTR
OSD/JS FOIA Requester Service Center
Executive Services Directorate
Office: (571) 372-0428

NIPR: joan.l.haynesworth.ctr@mail.mil
SIPR: joan.l.haynesworth.ctr@smil.mil

From:

Hello Analyst Haynesworth,

Thank you for your prompt response. I do appreciate the attention you
have given my request. Would you happen to know when the component will
conclude the search? When do you think you would be able to provide me
with an estimated completion date?

Again, thank you for your efforts, and I look forward to hearing back
from you as this request moves forward.
Best,
Matthew

From: Department of Defense, Office of the Secretary of Defense

Hello,

I am writing again regard to my FOIA request number #20-F-1683, sent on
Sept. 11, 2020 and copied below. The request states: "You may limit your
search to the timeframe between February 8, 2019."

Just to clarify, the timeframe is between February 8, 2019 and the date
that this request was sent.

Please let me know if you have any questions, and I look forward to
hearing back from you soon.
Best regards,
Matthew

From: Department of Defense, Office of the Secretary of Defense

Good morning Mr. Petti;

Thank you for your email response below & December 5, 2020. Your timeframe clarification
will be forwarded to the component(s) offices conducting the search. There are no further
questions at this time. As previously stated to you in my email of December 1, 2020, a request
for an estimated completion date (ECD) has been submitted to the component tasked with
searching for records responsive. In addition, your request was re-tasked to an additional
component for a search. As soon as an ECD is provided to me I will relay that information
to you.

Unfortunately, all searches for the requested records have not been completed. As stated in
our interim response, our administrative workload was 3,531 open requests at the time we
received this request. Please understand our problem with the volume of requests.

Once I receive a response(s), all releasable records, if any, cannot be provided to you until
all processing is completed. As soon as that occurs, I will send you a formal response letter
to your request. Please note all documents are reviewed before we respond. Further note
the unusual circumstances concerning your request are: (a) the need to search for and collect
records from a facility geographically separated from this Office; (b) the potential volume of
records responsive to your request; and (c) the need for consultation with one or more other
agencies or DoD components having a substantial interest in either the determination or
the subject matter of the records. These 3 factors do have an impact on the processing
of your case.

I appreciate your patience and understanding in this matter.

Respectfully,

Joan L. Haynesworth
FOIA Analyst - CTR
OSD/JS FOIA Requester Service Center
Executive Services Directorate
Office: (571) 372-0428

NIPR: joan.l.haynesworth.ctr@mail.mil
SIPR: joan.l.haynesworth.ctr@smil.mil

From: Department of Defense, Office of the Secretary of Defense

Good Morning Sir:

This email is in response to your request dated February 8, 2021, regarding OSD/JS

FOIA request 20-F-1683 (attached for your convenience).

It is our policy that each request receives prompt attention, and every effort is made to

treat all requesters equally. Please note that your request will have to be tasked further for

review. Unfortunately, those reviews have not been completed. As stated in our interim

response, our administrative workload was 3,531 open requests at the time we received

this request. Please understand our problem with the volume of requests. Once I receive

the responses from the components conducting the reviews, I will act on your request as

soon as possible and respond directly to you. I apologize for the delay in responding to

your request.

If you have any additional questions, please contact me. Thanks for your patience & have a

great day.

Respectfully,

Joan L. Haynesworth

FOIA Analyst - CTR

OSD/JS FOIA Requester Service Center

Executive Services Directorate

Office: (571) 372-0428

NIPR: <mailto:joan.l.haynesworth.ctr@mail.mil> joan.l.haynesworth.ctr@mail.mil

SIPR: <mailto:joan.l.haynesworth.ctr@mail.mil> joan.l.haynesworth.ctr@smil.mil

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