Contracts With Delta Crescent LLC (United States Agency for International Development)
| Tracking # |
F-00328-20 |
| Multi Request | Contracts With Delta Crescent LLC |
| Submitted | Aug. 3, 2020 |
| Est. Completion | None |
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Communications
From: Matthew Petti
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
Any and all contracts or memoranda of understanding signed between your agency and Delta Crescent Energy, LLC, a limited liability corporation incorporated in the state of Delaware on February 8, 2019.
Please also include any grant applications, award letters, budget requests, project/equipment budgets, cost allocations or reimbursements for services provided by Delta Crescent Energy, LLC.
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. (https://www.al-monitor.com/pulse/originals/2020/07/us-oil-company-deal-syria-kurds-kobani-turkey-russia-sdc-sdf.html)
The company is registered at the following address: CORPORATION TRUST CENTER 1209 ORANGE ST, WILMINGTON, DE 19801.
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.
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 on August 3, 2020 that the Syrian Kurdish administration were 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 situation 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 a reporter for the National Interest, and I am requesting this information in that editorial capacity. In addition to expedited processing, I request that I be properly classified as a news media requester.
The National Interest is widely recognized for its reporting, publishing regular features on issues of public interest and importance. In addition, I have covered areas related to this request, and plan to use my editorial skills to analyze and produce original reporting work for millions of monthly readers at NationalInterest.org.
If you have any questions about my media status, please contact me.
I am willing to pay up to $100 in fees, but I also believe that I qualify for a fee waiver.
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:
USAID has implemented maximum telework to promote social distancing during the COVID-19 pandemic. Priorities in many of our operating units have shifted, thus impacting processing response times. Please note that USAID is unable to conduct a search for physical records while teleworking. As a result, all search requests will be limited to electronic records, unless you notify us that you want your request to remain open until USAID employees have physical access to their workspaces. We appreciate your understanding during this time. If you have any questions, please email us at foia@usaid.gov . Thank you.
--
V/r, FOIA Specialist US AID - US Agency for International Development FOIA Office Bureau for Management, Office of Management Services, Information and Records Division (M/MS/IRD) | foia@USAID.gov
From: United States Agency for International Development
August 05, 2020 RE: USAID FOIA No. F-00328-20 (Acknowledgment Letter) Dear Mr. Petti: Thank you for your letter dated August 04, 2020, requesting information pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. § 552. The tracking number for your request is F-00328-20. Please use this number when corresponding with our office. At this time, we are in the process of perfecting your request. A perfected request for records reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed. This process includes reviewing the request for clarity and fee category determination and related commitment to pay, if applicable. Once your request is perfected, you will be notified of the FOIA Specialist assigned to process your case. If you have questions, please contact us at . Please cite the above-referenced number when corresponding with our office. (mailto:foia@usaid.gov) foia@usaid.gov Thank you. Sincerely, Pamela A-Campbell
FOIA Specialist
Bureau for Management
Office of Management Services
Information and Records Division
From: United States Agency for International Development
August 05, 2020 USAID FOIA Request No. F-00328-20 (Immediate Action Required)
Dear Mr. Petti:
Thank you for your interest in the U.S. Agency for International Development (USAID). This is in response to your August 04, 2020 Freedom of Information Act (FOIA) request. Specifically, you requested any and all contracts or memoranda of understanding signed between your agency and Delta Crescent Energy, LLC, a limited liability corporation incorporated in the state of Delaware on February 8, 2019 to also include any grant applications, award letters, budget requests, project/equipment budgets, cost allocations or reimbursements for services provided by Delta Crescent Energy, LLC..
Clarification
The FOIA requires that requests describe the records sought with sufficient detail to allow an agency employee familiar with the subject area of the request to locate the records with a reasonable amount of effort. The FOIA was not intended to reduce government agency staff to researchers or full-time investigators on behalf of FOIA requesters. In this instance, your request does not adequately describe the records sought; therefore, we are unable to process it at this time. If you wish to pursue your request, please provide as much information as possible, such as: how the subject matter relates to USAID; name of the country and/or program/project; award numbers, date range of record search, and/or persons involved.
Your request has been placed on hold. Please note that, if we do not receive your written response clarifying the types of records you seek--as articulated above--within 10 days from the date of this communication, we will consider the nonresponse a withdrawal of your request. As such, your request will be closed and no further action will be taken on it. If you wish to discuss further, you may contact this office at foia@usaid.gov.
This is not a denial of your request. Once we receive this information, your request will be perfected. You will be notified of the FOIA Specialist assigned to process your case. If you have questions, please contact us by email at foia@usaid.gov.
Thank you.
Sincerely, Pamela A-Campbell
FOIA Specialist
Bureau for Management
Office of Management Services
Information and Records Division
From: Matthew Petti
Dear Specialist A-Campbell:
Thank you for your prompt response. However, I believe that my request is specific enough for an agency employee to locate the records with a reasonable amount of effort. As previous FOIA requests publicized on the website MuckRock show, your agency was able to complete general requests for contracts with similar language as mine:
- https://www.muckrock.com/foi/united-states-of-america-10/checchi-and-company-consulting-incusaid-contracts-2015-20823/ (request F-00006-16)
- https://www.muckrock.com/foi/united-states-of-america-10/all-contracts-between-usaid-and-mobile-accord-11168/ (request F00208-14)
However, to make it more convenient for you, you may limit the timeframe of your search from February 8, 2019 to today, and you may limit it to contracts or related materials (including grant applications, award letters, budget requests, project/equipment budgets, cost allocations or reimbursements) for services provided by Delta Crescent, LLC for USAID operations in Syria and Iraq.
Please do not hesitate to let me know if you need more information. I am happy to talk on the phone as well.
Best,
Matthew
From: United States Agency for International Development
August 17, 2020 RE: USAID FOIA No. F-00328-20 (FOIA Specialist Assignment Email) Dear Mr. Petti: This acknowledges receipt of your August 04, 2020, and clarified on August 05, 2020, Freedom of Information Act (FOIA) request to the United States Agency for International Development (USAID). Specifically, you requested contracts or related materials (including grant applications, award letters, budget requests, project/equipment budgets, cost allocations or reimbursements) for services provided by Delta Crescent, LLC for USAID operations in Syria and Iraq.(Date Range for Record Search: From 2/8/2019 To 8/5/2020). You also requested expedited processing and a fee waiver. Expedited Processing
The FOIA provides that e xpedited processing is warranted if the request involves circumstances in which the lack of expedited processing could (1) reasonably be expected to pose an imminent threat to the life or physical safety of an individual, or (2) an urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engaged in disseminating information. You indicated you requested expedited processing "because there is an an urgency to inform the public concerning actual or alleged Federal Government activity". After review of your justification, your request for expedited processing is denied. Your rationale does not articulate an imminent threat to the life or physical safety of an individual, nor is it an urgency to inform the public. Below is information on how to submit an appeal for this expedited processing denial.
Fee Waiver
The FOIA provides that fees should be waived or reduced if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. As a member of the media, the only applicable fee is duplication. Duplication is $0.10 per page, but the first 100 pages are free. After review of the fee waiver criteria, your fee waiver request is moot. Since the only applicable fee is duplication, and USAID routinely furnishes responsive records to FOIA requesters in electronic format, it's most likely there will be no duplication fees to assess.
Appeal rightsYou have a right to appeal the denial of expedited processing. Your appeal must be received by USAID no later than 90 days from the date of this communication. In order for it to considered an official appeal, please address and send directly to the FOIA Appeal Officer:
Deputy Director, Office of Management Services
U.S. Agency for International Development
1300 Pennsylvania Avenue, NW
USAID Annex, M/MS, Room 10.8.OD
Washington, DC 20523
If you wish to fax your appeal, the fax number is (202) 916-4990. Both the appeal and envelope should be marked "FOIA Appeal". Please include the subject-referenced tracking number in your letter
FOIA Specialist
Your request has been assigned to Pamela A-Campbell, FOIA Specialist. You may contact me by email at parringtoncampbell@usaid.gov or by phone on 202-921-5010. Please reference the tracking number cited above in any future correspondence.
Extending the FOIA’s Time Limits due to Unusual Circumstances The FOIA provides that an agency may extend its time limits when “unusual circumstances” occur in the processing of a request. See 5 U.S.C. § 552(a)(6)(B)(i) (2016). Those “unusual circumstances” are set forth in the statute, 5 U.S.C § 552(a)(6)(B)(iii), and are described as: 1) The need to search for records from field facilities or other locations separate from the office processing the request; 2) The need to search, collect and examine voluminous records; and 3) The need for consultation with another agency. Based upon the records you have requested, we have determined that one or more unusual circumstances will occur during the processing of your request. Accordingly, your response time-limit has been extended beyond the 20 days required by statute; therefore, 10 additional processing days have been added to your request. To mitigate this action, you may limit the scope of the request so that it can be processed more quickly or to arrange an alternative time to respond. If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, you may contact the assigned FOIA Specialist noted above. You may also contact USAID’s FOIA Public Liaison, Christopher Colbow, at foia@usaid.gov.
Additionally, you may contact the Office of Government Information Services (OGIS) at the National Archives and Records Administration to inquire about the FOIA mediation services offered: Office of Government Information Services National Archives and Records Administration 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001 E-mail: ogis@nara.gov Telephone: 202-741-5770; Toll Free: 1-877-684-6448 Fax: 202-741-5769 Thank you for your interest in USAID. Sincerely, Pamela A-Campbell
FOIA Specialist
Bureau for Management
Office of Management Services
Information and Records Division
From: United States Agency for International Development
November 5, 2020 Dear Mr. Petti:
This is the final response to your August 4, 2020 and clarified August 5, 2020 Freedom of Information Act (FOIA) request to the United States Agency for International Development (USAID). You requested contracts or related materials (including grant applications, award letters, budget requests, project/equipment budgets, cost allocations or reimbursements) for services provided by Delta Crescent, LLC for USAID operations in Syria and Iraq. (Date Range for Record Search: From 2/8/2019 To 8/5/2020).
There is no charge for this FOIA request. As this concludes the processing of your request, it will be closed.
Thank you for your interest in USAID and continued patience.
Sincerely,
Christopher Colbow, Chief
FOIA Public Liaison
FOIA Officer/Agency Records Officer
Bureau for Management
Office of Management Services
Information and Records Division
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