Chief FOIA Officer: David M. Sena; (202) 565-3243
Freedom of Information Act Public Liaison: Lennell Jackson, (202) 565-3290
Freedom of Information Act Requester Service Center: (202) 565-3290 or firstname.lastname@example.org
(a) Submission of Request. Requests may be submitted via:
- E-Mail to email@example.com,
- Online form (go to form)
- Facsimile to Lennell Jackson at (202) 565-3294, or
- Mail addressed to the Freedom of Information and Privacy Office, 811 Vermont Ave., N.W. Washington, D.C. 20571.
- All requests must be made in writing and signed by, or on behalf of, the requester. Requests made via facsimile or mail must contain both the return address and telephone number of the requester. For detailed information regarding Ex-Im Bank's FOIA policies and procedures, see 12 C.F.R. § 404.1, et seq.
- (b) Description of records requested. Each request must describe the records sought in sufficient detail so as to enable a professional employee of Ex-Im Bank familiar with the subject matter of the request to locate the record with a reasonable amount of effort. A request shall not be deemed to have been received until such time as the request adequately identifies the records sought. To the extent practicable, a description should include relevant dates, format, subject matter, and the name of any person to whom the record is known to relate. A general request for records with no accompanying date restriction, either express or implied, shall be deemed to be a request for records created within the preceding twelve months. Please Note: If you have only a general idea of the information you are seeking and would like assistance in formulating your request so as to adequately describe and identify the desired records, please contact Ex-Im Bank's FOIA Team at (202) 565-3248 or (202) 565-3290 and we will be happy to help.
- (c) Fee statement. The request must contain a statement expressing willingness to pay fees for the requested records or a request for a fee waiver (see 12 C.F.R. § 404.10 regarding requirements for fee waivers) before the request shall be deemed to have been received. A fee statement may specify the maximum amount a requester is willing to pay for processing the request.
- (1) Whenever a requester submits a FOIA request that does not contain a fee statement or a request for a fee waiver, Ex-Im Bank shall advise the requester of the applicable requirements. If the requester fails to respond within ten working days of such notification, then the Freedom of Information and Privacy Office shall notify the requester, in writing, that Ex-Im Bank will not process the request.
- (2) A general statement by the requester expressing willingness to pay all applicable fees under § 404.9 of Ex-Im Bank's FOIA regulations shall be deemed an agreement to pay up to $50.00. If Ex-Im Bank estimates that the fees for a request will exceed $50.00, then Ex-Im Bank shall offer the requester the opportunity to agree, in writing, either to pay a greater fee or to modify the request as a means of limiting the cost.
- (d) Written notice of amendment. The requester must provide any amendment to the original request in writing to Ex-Im Bank.
- (e) Requester assistance. Ex-Im Bank shall make reasonable efforts to assist a requester in complying with the requirements for submission of a request.
The Three FOIA Exclusions
Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records. The provisions protecting those records are known as "exclusions". The first exclusion, known as the (c)(1) Exclusion, protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion, the (c)(2) Exclusion, is limited to criminal law enforcement agencies and protects the existence of informant records when the informant's status has not been officially confirmed. The third exclusion, the (c)(3) Exclusion, is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within an exclusion are not subject to the requirements of the FOIA. Accordingly, when Ex-Im Bank responds to FOIA requests, it will limit its response to those records that are subject to the FOIA.