OFAC: 2012 HSBC Holdings Plc Investigation (MUL-615225)

To Whom It May Concern:

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

All Office of Foreign Asset Control (OFAC) documents, reports, files, database records, and electronic-mail messages (hereafter “documents”) related to OFAC's 2012 investigation of HSBC Holdings Plc (including its subsidiaries and branches)(designated as OFAC case number MUL-615225).

The following constraints limit this FOIA request:

1. The inclusive dates of November 1, 2012, to December 15, 2012;

2. Excluding any documents containing the agency’s deliberative material or recommendations;

3. Excluding any documents classified Top Secret (“TS”), Sensitive Compartmented Information (“SCI”), and/or Special Access Program (“SAP”); however,

4. Including all of the agency’s responsive documents classified below the TS, SCI and/or SAP levels; for example, any documents marked: Unclassified (U), Sensitive But Unclassified (SBU), For Official Use Only (FOUO), Confidential (C), Law Enforcement Sensitive (LES), and/or Secret (S).

Although FOIA has always presumed that government records are open to public inspection, the FOIA Improvement Act of 2016, Pub. L. 114-185, prohibits agencies from withholding records unless (1) “disclosure is prohibited by law” or (2) “the agency reasonably foresees that disclosure would harm an interest protected by” one of FOIA’s exemptions. 5 U.S.C. § 552(a)(8)(A). Thus, in addition to FOIA favoring disclosure and requiring its exemptions to be narrowly construed, Section 552(a)(8)(A) prohibits agencies from using their discretion to broadly withhold records merely because they believe an exemption could technically apply.

In order to expedite the agency’s release of the requested documents, please disclose them on an interim, rolling basis as they become available; for example, without waiting for all of the agency’s relevant systems of record to be searched, or all of its relevant records to be processed. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

If the agency’s processing costs for this request exceed $350.00, please notify me in advance so that I might consider paying any additional fees for a complete and accurate set of the agency's responsive documents.

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

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,

David Scantling