FOIA March Madness 2017 - I- Appeal logs, procedures, letters, opinions (Export-Import Bank of the United States)

Beryl Lipton filed this request with the Export-Import Bank of the United States of the United States of America.
Tracking # 201700056F
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

1. Any available log of appeals submitted to this agency or the agency tasked with processing Freedom of Information Act appeals for this division. Please provide such logs for the period from January 1, 2015 through December 31, 2016. Please, if possible, include with the log the following items:
• the request number associated with the FOIA in question
• the appeal number assigned to the appeal
• the description of the subject matter addressed by the request
• the division or office of initial receipt
• the date on which the appeal was received
• the date on which the appeal was closed
• the determination or final disposition status of the appeal

2. All appeal letters and opinion letters associated with appeals for which the determination was to reverse, in whole or in part, the decision of the initial request agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

3. All appeal letters and opinion letters associated with appeals for which the determination was to remand the request to the appropriate agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

4. All appeal letters and opinion letters associated with appeals for which the determination was to affirm the decision of the initial agency. Please provide such letters for appeals closed during the period from January 1, 2015 through December 31, 2016.

5. Any instructive or guiding materials provided to and/or utilized by employees of this department’s Freedom of Information Act office. Please include any manuals, procedural materials, reference guides, checklists, training materials, flow charts, directives, memorandums, legal decisions, presentations, or similar material used in the process of an appeal by this office or the office tasked to process FOIA appeals for this office. Any guiding materials used for the preparation of an appeal package should be considered responsive to, though not the entirety of, this element of this request.

6. The name and contact information for the appropriate appeal authority to whom appeals for this agency should be directed. If such information exists as part of a template letter sent to requesters, provision of this document will be considered satisfactory.

Please provide responsive materials on a rolling basis.

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,

Beryl Lipton

From: Lennell Jackson

Dear Mr. Lipton:
This e-mail acknowledges receipt of your Freedom of Information Act (FOIA) request to the Export-Import Bank of the United States (Ex-Im Bank), which we received in our FOIA office via e-mail on March 14, 2017. We have designated your inquiry as FOIA Request # 201700056F. You requested the following information "from January 1, 2015 through December 31, 2016.

1. Any available log of appeals submitted to this agency or the agency tasked with processing Freedom of Information Act appeals for this division.

2. All closed appeal letters and opinion letters associated with appeals for which the determination was to reverse, in whole or in part, the decision of the initial request agency.

3. All closed appeal letters and opinion letters associated with appeals for which the determination was to remand the request to the appropriate agency.

4. All closed appeal letters and opinion letters associated with appeals for which the determination was to affirm the decision of the initial agency.

5. Any instructive or guiding materials provided to and/or utilized by employees of this department's Freedom of Information Act office. Please include any manuals, procedural materials, reference guides, checklists, training materials, flow charts, directives, memorandums, legal decisions, presentations, or similar material used in the process of an appeal by this office or the office tasked to process FOIA appeals for this office. Any guiding materials used for the preparation of an appeal package should be considered responsive to, though not the entirety of, this element of this request.

6. The name and contact information for the appropriate appeal authority to whom appeals for this agency should be directed. If such information exists as part of a template letter sent to requesters, provision of this document will be considered satisfactory."

Ex-Im Bank intends to disclose the requested records to the fullest extent of the law. Please be assured that we are processing your request as expeditiously as possible. However, the records you seek require a search in another Office, and so your request falls within "unusual circumstances." See 5 U.S.C. § 552(a)(6)(B)(i)-(iii). Because of these unusual circumstances, we need to extend the time limit to respond to your request beyond the ten additional days provided by the statute. We have not yet completed a search to determine whether there are records within the scope of your request. The time needed to process your request will necessarily depend on the complexity of our records search and the volume and complexity of any records located. In an effort to speed up your records search, you may wish to narrow the scope of your request to limit the number of potentially responsive records or agree to an alternative timeframe for processing, should records be located; or you may wish to await the completion of our records search to discuss either of these options.

Provisions of the FOIA Act allow us to recover the cost of complying with your request. We shall charge you for records in accordance with the Export Import Bank's FOIA regulations as they apply to the media requester category. As a media requester you will be charged 10-cents a page for duplication; the first 100 pages are free. We will construe the submission of your request as an agreement to pay up to $50.00. You will be contacted before any further fees are accrued.

If you have any questions or wish to discuss reformulation or an alternative time frame for the processing of your request, you may contact our FOIA Public Liaison at (202) 565-3290. 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 they offer. The contact information for OGIS is 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<mailto:ogis@nara.gov>; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.

If you have any questions about this request, please feel free to contact me. Thank you.

Sincerely,

Lennell C. Jackson
FOIA Public Liaison
Export-Import Bank of the United States
(202) 565-3290
lennell.jackson@exim.gov<mailto:lennell.jackson@exim.gov>

From: Lennell Jackson

Dear Mr. Lipton:

Attached is the final response to your Freedom of Information Act Request 201700056F, from the Export-Import Bank of the United States (Ex-Im Bank).

If you have any questions about this request, please do not hesitate to contact.

Sincerely,

Lennell C. Jackson
FOIA Public Liaison
Export-Import Bank of the United States
(202) 565-3290
lennell.jackson@exim.gov<mailto:lennell.jackson@exim.gov>

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