Possible AECA and FAA violations reported in 2013

Troy Carter filed this request with the Department of Defense, Office of the Secretary of Defense of the United States of America.
Tracking # 14-A-0447-A1
Status
Rejected

Communications

From: Troy Carter

To Whom It May Concern:

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

All reports of possible Arms Export Control Act (AECA) and Foreign Assistance Act (FAA) violations forwarded from the Defense Security Cooperation Agency Programs Directorate to the Department of State Bureau of Political-Military Affairs, Regional Security and Arms Transfer Division (DoS (PM/RSAT)) during the year 2013. (see http://www.samm.dsca.mil/chapter/chapter-8#C8.2.)

This request is limited to those reports describing possible violations in the following countries: Egypt, Bahrain, Saudi Arabia, Kuwait, Qatar, United Arab Emirates, Oman, Turkey, Yemen, Jordan, Israel, Lebanon, Algeria, Libya, Tunisia, Morocco, Syria, Iran and Iraq.

I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

In the event that fees cannot be waived, 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,

Troy Carter

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

An acknowledgement letter, stating the request is being processed.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 7, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #12-F-0447.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 7, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #12-F-0447.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 7, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #12-F-0447.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 7, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #12-F-0447.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 7, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #12-F-0447.

Thank you for your help.

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Feb. 7, 2014. Please let me know when I can expect to receive a response, or if further clarification is needed. You had assigned it reference number #12-F-0447.

Thank you for your help.

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

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: Troy Carter

Mr. James Hogan
Defense Freedom of Information Policy Office
1155 Defense Pentagon
Washington, D.C. 2013-1155

Re: Freedom of Information Act Appeal

Dear Mr. Hogan,

This is an appeal under the Freedom of Information Act.

On Feb. 7, 2014, I requested documents under the Freedom of Information Act. My request was assigned the following identification numbers: 14-F-0447 and 14-F-0448. On Sept. 8, 2014, I received a denial to my request in a letter signed by Paul Jacobsmeyer. I appeal the denial of my request.

The documents that were withheld must be disclosed under the FOIA because 10 U.S. Code § 130c does not apply to these reports. Reports of possible violations of the Arms Export Control Act and Foreign Assistance Act are not produced in cooperation with a foreign government or international organization and therefore fail the first test of 10 U.S. Code § 130c(b)(1).

Furthermore, there has been no evidence presented that the foreign governments listed in the request have submitted written communications to the U.S. indicating they are withholding the information from the public, and thus failing the second test of 10 U.S. Code § 130c.

Lastly, I ask that you remember the U.S. Supreme Court's opinion that “The basic purpose of FOIA is to ensure an informed citizenry, vital to the functioning of a democratic society, needed to check against corruption and to hold the governors accountable to the governed.”

Thank you for your consideration of this appeal.

Sincerely,

Troy Carter
Bozeman, Mont.

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

A letter stating that the request appeal has been rejected.

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