CPB Records Referencing Treasury Decisions 95-25 or 97-16

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d280c6af2b)
* Tracking Number: CBP-2016-039476
* Requester Name: RU7SSEL NEISS
* Date Submitted: 05/04/2016
* Request Status: Submitted
* Description: ANY RECORDS REFERRING TO TREASURY DECISIONS 95-25 OR 97-16 FROM JAB 1, 2015 TO THE DATE THE SEARCH IS CONDUCTED

The FOIA request CBP-2016-039476 has had its Tracking Number changed to CBP-OT-2016-039476. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-2016-039476
* New Tracking Number: CBP-OT-2016-039476
* Requester Name: RUSSEL NEISS
* Date Submitted: 05/04/2016
* Long Description: ANY RECORDS REFERRING TO TREASURY DECISIONS 95-25 OR 97-16 FROM JAB 1, 2015 TO THE DATE THE SEARCH IS CONDUCTED

This message is to confirm your request submission to the FOIAonline application: View Request. Request information is as follows: (https://foiaonline.regulations.gov:443/foia/action/public/view/request?objectId=090004d2810b9127)
* Tracking Number: CBP-2017-018611
* Requester Name: RUSSEL NEISS
* Date Submitted: 12/19/2016
* Request Status: Submitted
* Description: Requester is asking for "Any and all processing notes (memos, emails, notes, etc.) relating to C(BP) FOIA requests: CBP-2016-039476 & CBP-OT-2016-039476".

RUSSEL NEISS
411A HIGHLANE AVE DEPT MR 30929 SOMERVILLE MA 02144

Dear RUSSEL NEISS:

This automated notice acknowledges receipt of your Freedom of Information Act (FOIA) request to U.S. Customs and Border Protection (CBP) received on 12/19/2016.     Please use the following unique FOIA tracking number CBP-2017-018611 to track the status of your request.  If you have not already done so, you must create a FOIAonline account at https://foiaonline.regulations.gov.  This is the only method available to check the status of your pending FOIA request. (https://foiaonline.regulations.gov/)

Provisions of the Act allow us to recover part of the cost of complying with your request.  We shall charge you for records in accordance with the DHS FOIA regulations outlined on the DHS website, http://www.dhs.gov/xfoia/editorial_0579.shtm. By submitting your request, you have agreed to pay up to $25.00 in applicable processing fees, if any fees associated with your request exceed this amount, CBP shall contact you; however, the first 100 pages are free. (http://www.dhs.gov/xfoia/editorial_0579.shtm)

CBP’s FOIA Division is working hard to reduce the amount of time necessary to respond to FOIA requests.  Currently, the average time to process a FOIA request related to "travel/border incidents" is a minimum of 6 months. We truly appreciate your continued patience.

For additional information please consult CBP FOIA website please click on FOIA Act Resources or visit (http://www.cbp.gov/site-policy-notices/foia) http://www.cbp.gov/site-policy-notices/foia. (http://www.cbp.gov/site-policy-notices/foia)


Thank you,

The FOIA request CBP-2017-018611 has had its Tracking Number changed to CBP-OT-2017-018611. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-2017-018611
* New Tracking Number: CBP-OT-2017-018611
* Requester Name: RUSSEL NEISS
* Date Submitted: 12/19/2016
* Long Description: Requester is asking for "Any and all processing notes (memos, emails, notes, etc.) relating to C(BP) FOIA requests: CBP-2016-039476 & CBP-OT-2016-039476".

The FOIA request CBP-OT-2017-018611 has had its Tracking Number changed to CBP-2017-018611. This is normally due to the request being transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to process it. Additional details for this request are as follows:
* Old Tracking Number: CBP-OT-2017-018611
* New Tracking Number: CBP-2017-018611
* Requester Name: RUSSEL NEISS
* Date Submitted: 12/19/2016
* Long Description: Requester is asking for "Any and all processing notes (memos, emails, notes, etc.) relating to C(BP) FOIA requests: CBP-2016-039476 & CBP-OT-2016-039476".

A search of CBP databases produced records responsive to your Freedom of Information Act (FOIA) request CBP-2017-018611, requesting records maintained by CBP.
CBP has determined that the responsive records are partially releasable, pursuant to Title 5 U.S.C. § 552 and have applied the appropriate exemptions notated below:
Section 552 (FOIA)
___ (b)(1) ___ (b)(2)       ___ (b)(3)       ___ (b)(4)       ___ (b)(5)       X___ (b)(6)
___ (b)(7)(A) ___ (b)(7)(B) __X_ (b)(7)(C) ___ (b)(7)(D)  __X_ (b)(7)(E)  ___ (b)(7)(F)
___  (b)(3) Statute 49 U.S.C. § 114(s)
A description of the exemptions applied can be found by clicking the hyperlink. (https://www.cbp.gov/sites/default/files/assets/documents/2016-Dec/Definitions%20of%20the%20Exemptions%20Under%20the%20Freedom%20of%20Information%20Act.pdf) If you have a FOIAonline account, you MUST log into your account to retrieve your responsive records. After logging in, click on "View My FOIA Requests". Requests that have new, unread correspondence have a mail icon next to the tracking number.
The following checked item(s) also apply to your request:
___ Approximately _____ pages were withheld in their entirety.
_X__ Fees: In the processing of this FOIA request, no fees are being assessed.
___ Other:
This completes the CBP response to your request.  You may contact a FOIA Public Liaison by sending an email via your FOIAonline account, or call 202-325-0150.  Please notate file number CBP-2017-018611 on any future correspondence to CBP related to this request.
If you are not satisfied with the response to this request, you have a right to appeal the final disposition.  Should you wish to do so, you must file your appeal within 90 days of the date of this letter following the procedures outlined in the DHS regulations at Title 6 C.F.R. §5.9.  Please include as much information as possible to help their office understand the grounds for your appeal.  You should submit your appeal via FOIAonline by clicking on the “Create Appeal” button that appears when you view your initial request.  If you do not have computer access, you may send your appeal and a copy of this letter to:  FOIA Appeals, Policy and Litigation Branch, U.S. Customs and Border Protection, 90 K Street, NE, 10th Floor, Washington, DC 20229-1177.  Your envelope and letter should be marked "FOIA Appeal." Copies of the FOIA and DHS regulations are available at www.dhs.gov/foia. (http://www.dhs.gov/foia)
Additionally, you have a right to seek dispute resolution services from the Office of Government Information Services (OGIS) which mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to litigation.  If you are requesting access to your own records (which is considered a Privacy Act request), you should know that OGIS does not have the authority to handle requests made under the Privacy Act of 1974.  You may contact OGIS as follows:  Office of Government Information Services, National Archives and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at ogis@nara.gov; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.
Given the nature of this request, some records are only being released to you as the requester. If you have an account in FOIAonline, you may access those records by logging into FOIAonline. Otherwise, those responsive records will be sent via the method agreed upon with the FOIA processor. (https://foiaonline.regulations.gov:443/foia/action/public/home?objectId=090004d2810b9127)

October 19, 2017
United States Customs and Border Protection
U.S. Customs and Border Protection
Sabrina Burroughs
FOIA Division
90 K Street NE, 9th Floor
Washington, DC 20229-1181

This is a follow up to request number CBP-2017-018611:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Jan. 28, 2016. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #CBP-2017-018611.

Thanks for your help, and let me know if further clarification is needed.

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