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October 1, 2007 to September 30, 2008

I.    Basic Information Regarding Report

1. Name, address, and telephone number of person(s) to be contacted with questions about the report:
Joseph A. Sorbera, FOIA Public Liaison 
Export-Import Bank of the United States 
811 Vermont Avenue, NW
Washington, DC 20571
(202) 565-3241

Dawn R. Kral, FOIA Specialist
Export-Import Bank of the United States
811 Vermont Avenue, NW
Washington, DC 20571
(202) 565-3248

2. Electronic link for access to the report on Ex-Im Bank’s Web site: www.exim.gov/about/library/foia/index.cfm

3. To receive a hard copy of this report, mail a request to either of the contacts shown above.

II.      MAKING A FOIA REQUEST

1. All FOIA requests are received and processed at the following address:

Export-Import Bank of the United States 
Freedom of Information Act Office
811 Vermont Avenue, NW
Washington, DC 20571
(202) 565-3248

Guidance on how to make a FOIA request can be found at www.exim.gov/about/library/foia/foia-request-requirements.cfm.

2. Brief description of why some requests are not granted.

Ex-Im Bank most commonly withholds information pursuant to FOIA Exemptions (b)(4) and (b)(5). The (b)(4) exemption is mostly applied to information received as part of Ex-Im Bank’s review of credit applications. The information is received from buyers, commercial financial institutions, suppliers, and other private sector entities and is sensitive and business confidential in nature. The (b)(5) exemption is generally applied to staff correspondence generated during the credit review process and pre-decisional memoranda prepared for the Bank’s Board of Directors and Credit Committee containing staff analysis and recommendations.

III.      Acronyms, Definitions, and Exemptions
1. Agency-specific acronyms or terms used in this report: None

2. Definitions of terms used in this report:

a. Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level.
b. Average Number – the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8.
c. Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response. 
d. Component – for agencies that process requests on a decentralized basis, a “component” is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency. 
e. Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded it.  That agency, in turn, will then respond to the FOIA requester. 
f. Exemption 3 Statute – a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA. 
g. FOIA Request – a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., a “third-party” request), or concerning an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., “first-party” requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act “systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report. 
Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester. It does not, however, include records for which the agency has received a consultation from another agency. (Consultations are reported separately in Section XII of this Report.)
h. Full Grant – an agency decision to disclose all records in full in response to a FOIA request.
i. Full Denial – an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located.
j. Median Number – the middle, not average, number.  For example, of 3, 7, and 14, the median number is 7. 
k. Multi-Track Processing – a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis. 
i. Expedited Processing – an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations. 
ii. Simple Request – a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested. 
iii. Complex Request – a FOIA request that an agency using multi-track processing places in a slower track based on the high volume and/or complexity of the records requested. 
l. Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason. 
m. Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects. 
n. Perfected Request – a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed.
o. Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.
p. Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals. 
q. Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request).

3.        Descriptions of the nine FOIA exemptions:

a. Exemption 1: classified national defense and foreign relations information
b. Exemption 2: internal agency rules and practices
c. Exemption 3: information that is prohibited from disclosure by another federal law
d. Exemption 4: trade secrets and other confidential business information
e. Exemption 5:  inter-agency or intra-agency communications that are protected by legal privileges
f. Exemption 6: information involving matters of personal privacy
g. Exemption 7:  records or information compiled for law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individual
h. Exemption 8: information relating to the supervision of financial institutions
i. Exemption 9:  geological information on wells

NOTE: All FOIA requests are received and processed at Ex-Im Bank’s headquarters at the address shown in II. 1. above. The following tables reflect that there are no other individual reporting components within Ex-Im Bank other than the agency in total.

IV.      Exemption 3 Statutes

A.      Exemption 3 Statutes Relied upon to Withhold Information

Statute

Type of  Information              Withheld

Case Citation

Number of Times  Relied upon          per Component

Total Number of  Times Relied upon by Agency

N/A

N/A

N/A

0

0

V.      FOIA Requests

A.      Received, Processed, and Pending FOIA Requests

 

Number of  Requests Pending as of Start of Fiscal Year

Number of  Requests Received in Fiscal Year

Number of  Requests Processed in Fiscal Year

Number of  Requests Pending as of End of Fiscal Year

AGENCY

13

93

97

9

 

B. (1)  Disposition of FOIA Requests – All Processed Requests

 

Number of  Full Grants

Number  of Partial Grants/ Partial Denials

Number  of Full Denials Based on Exemptions

Number  of Full Denials Based on Reasons Other than Exemptions

 
    

No  Records

All  Records Referred to Another Component    or Agency

Request  Withdrawn

Fee-Related Reason

Records    not Reasonably Described

Improper  FOIA Request for Other Reason

Not Agency Record

Duplicate  Request


Other
*Explain  in chart below

TOTAL

AGENCY

41

43

3

4

0

6

0

0

0

0

0

0

97

 

B. (2)  Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) Chart


Component

Description of “Other”  Reasons for Denials from Chart B (1)& Number of Times Those Reasons Were Relied  upon

TOTAL

AGENCY

 

N/A

B. (3)  Disposition of FOIA Requests – Number of Times Exemptions Applied

 

Ex.1

Ex.2

Ex.  3

Ex.  4

Ex.    5

Ex.  6

Ex.  7(A)

Ex.  7(B)

Ex.  7(C)

Ex.  7(D)

Ex.  7(E)

Ex.  7(F)

Ex.8

Ex.9

AGENCY

1

3

0

41

15

6

0

0

0

0

0

0

0

0

VI. ADMINISTRATIVE Appeals of Initial DETERMINATIONS of FOIA Requests

A.      Received, Processed, and Pending Administrative Appeals


Number of  Appeals Pending as of Start of Fiscal Year

Number of  Appeals Received in Fiscal Year

Number of  Appeals Processed in Fiscal Year

Number of  Appeals Pending as of End of Fiscal Year

1

0

1

0

B. Disposition of Administrative Appeals – All Processed Appeals

Number Affirmed  on Appeal

Number  Partially Affirmed & Partially Reversed/Remanded on Appeal

Number  Completely Reversed/Remanded on Appeal

Number of  Appeals Closed for Other Reasons

TOTAL

0

0

0

1

1

C. (1)  Reasons for Denial on Appeal – Number of Times Exemptions Applied 

Ex.    1

Ex.2

Ex. 3

Ex. 4

Ex.  5

Ex.  6

Ex. 7(A)

Ex. 7(B)

Ex. 7(C)

Ex. 7(D)

Ex. 7(E)

Ex. 7(F)

Ex.8

Ex.9

0

0

0

0

0

0

0

0

0

0

0

0

0

0

C. (2)  Reasons for Denial on Appeal – Reasons Other than Exemptions

No Records

Records  Referred at Initial Request Level

Request  Withdrawn

Fee-Related  Reason

Records        not Reasonably Described

Improper  Request for Other Reasons

Not Agency  Record

Duplicate  Request or Appeal

Request in Litigation

Appeal Based Solely on Denial of  Request for Expedited Processing

Other
*Explain  in chart below

0

0

0

0

0

0

0

0

0

0

1

 

C. (3)  Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart


Description of  “Other” Reasons for Denial on Appeal from Chart C (2) & Number of Times  Those Reasons Were Relied upon

TOTAL

Appeal was deemed to be a new request

1

C. (4)  Response Time for Administrative Appeals


Median  Number  of Days

Average Number  of Days

Lowest  Number  of Days

Highest  Number  of Days

22

22

22

22


C. (5)  Ten Oldest Pending Administrative Appeals

 
10th Oldest appeal
9th
8th
7th
6th
5th
4th
3rd
2nd
Oldest

Date  of Receipt of Ten Oldest Appeals

Date
N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

Number  of Days Pending

#

         

 

VII. FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending Requests

A. Processed Requests – Response Time for All Processed Perfected Requests

 

Simple

Complex

Expedited processing

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

AGENCY

15

16

4

30

72

118

31

574

7

45

3

125

B. Processed Requests – Response Time for Perfected Requests in Which Information Was Granted

 

Simple

Complex

Expedited PROCESSING

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

Median Number of Days

Average Number of Days

Lowest Number of Days

Highest Number of Days

AGENCY

15

17

4

30

65

112

31

558

7

45

3

125

 

C.      Processed Requests – Response Time in Day Increments


Simple Requests

 

1-20 Days

21-40    Days

41-60 Days

61-80 Days

81-100 Days

101-120 Days

121-140 Days

141-160 Days

161-180 Days

181-200 Days

201-300 Days

301-400 Days

401+ Days

TOTAL

AGENCY

25

14

0

0

0

0

0

0

0

0

0

0

0

39

Complex Requests

 

1-20 Days

21-40    Days

41-60 Days

61-80 Days

81-100 Days

101-120 Days

121-140 Days

141-160 Days

161-180 Days

181-200 Days

201-300 Days

301-400 Days

401+ Days

TOTAL

AGENCY

0

10

16

3

5

4

2

2

2

3

3

2

3

55

 

Requests Granted Expedited Processing

 

1-20  Days

21-40  Days

41-60  Days

61-80  Days

81-100  Days

101-120  Days

121-140  Days

141-160  Days

161-180  Days

181-200  Days

201-300  Days

301-400  Days

401+  Days

TOTAL

AGENCY

2

0

0

0

0

0

1

0

0

0

0

0

0

3

 

D. Pending Requests – All Pending Perfected Requests

 

Simple

Complex

Expedited  PROCESSING

Number Pending

Median Number of Days

Average  Number of Days

Number Pending

Median  Number of Days

Average  Number of Days

Number Pending

Median  Number of Days

Average  Number of Days

AGENCY

0

N/A

N/A

9

67

131

0

N/A

N/A

 

E. Pending Requests – Ten Oldest Pending Pending Perfected Requests

Agency

10th  Oldest Request and Number of Days Pending

9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest  Request and Number of Days Pending

Date
Number of Days

08/14/08
47

08/06/08
55

08/01/08
60

07/25/08
67

07/25/08
67

07/23/08
69

06/12/08
110

05/29/08
124

03/02/07
578

 

VIII.  REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER 

A.      Requests for Expedited Processing

 

Number  Granted

Number Denied

Median Number of Days to Adjudicate

Average Number of Days to Adjudicate

Number Adjudicated Within Ten Calendar Days

AGENCY

32

1

N/A

N/A

N/A


B.        Requests for Fee Waiver

 

Number Granted

Number Denied

Median Number  of Days to Adjudicate

Average Number  of Days to Adjudicate

AGENCY

20

1

N/A

N/A

Note: Section VIII A. & B. - Ex-Im’s FOIA processing system does not track number of days to adjudicate.

IX. FOIA PERSONNEL AND COSTS

 

PERSONNEL

Costs

Number of  “Full-Time FOIA Employees”

Number of  “Equivalent Full-Time FOIA Employees”

Total Number of  “Full-Time FOIA Staff”
(The sum of Columns 1 & 2)

Processing  Costs
(At initial request and appeal levels)

Litigation-Related  Costs

Total Costs

AGENCY

1

2

3

$479,000

$0

$479,000

X. FEES COLLECTED FOR PROCESSING REQUESTS

 

Total Amount of Fees Collected

Percentage of Total Costs

AGENCY

$5,780.00

1.2%

XI.      FOIA REGULATIONS

FOIA regulations, including fee schedule:

These can be found at: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=ada39b1b53af6f927701d536f82c8d5b&rgn=div5&view=text&node=12%3A4.0.2.3.3&idno=12#12%3A4.0.2.3.3.1.4.1

XII.    BACKLOGS, CONSULTATIONS, AND COMPARISONS

A.      Backlogs of FOIA Requests and Administrative Appeals

 

Number of  Backlogged Requests as of End of Fiscal Year

Number of  Backlogged Appeals as of End of Fiscal Year

AGENCY

9

0

 

B.    Consultations on FOIA Requests – Received, Processed, and Pending Consultations

 

Number  of Consultations Received from Other Agencies that WerePending at  Your Agency as of Startof the Fiscal  Year

Number of ConsultationsReceived from Other Agencies During the            Fiscal Year

Number of  Consultations Received from Other Agencies that Were Processed by Your  Agency During the Fiscal Year

Number of  Consultations Received from Other Agencies that WerePending at Your  Agency as of Endof the  Fiscal Year

AGENCY

0

4

4

0

C.  Consultations on FOIA Requests – Ten Oldest Consultations Received from Other Agencies and Pending at Your Agency

Agency

10th  Oldest Consultation and Number of Days Pending

9th

8th

7th

6th

5th

4th

3rd

2nd

Oldest  Consultation and Number of Days Pending

Date
Number of Days

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

N/A

 

D.      Comparison of Numbers of Requests from Previous and Current Annual Report – Requests Received, Processed, and Backlogged

 

NUMBER  OF REQUESTS RECEIVED

NUMBER  OF REQUESTS PROCESSED

Number  Received During Fiscal Year from Last Year’s Annual Report

Number  Received During Fiscal Year from Current Annual Report

Number  Processed During Fiscal Year from Last Year’s Annual Report

Number  Processed  During Fiscal Year from Current  Annual Report

AGENCY

105

93

104

97

 

Number of Backlogged Requests as of End of the Fiscal Year from  Previous Annual Report

Number of Backlogged Requests  as of End of the Fiscal Year from Current Annual Report

AGENCY

13

9

E.      Comparison of Numbers of Administrative Appeals from Previous and Current Annual Report – Appeals Received, Processed, and Backlogged

 

NUMBER OF APPEALS RECEIVED

NUMBER OF APPEALS PROCESSED

Number Received During Fiscal Year from Last Year’s Annual Report

Number Received During Fiscal Year from Current            Annual Report

Number Processed During Fiscal Year from Last Year’s      Annual Report

Number Processed  During Fiscal Year from Current        Annual Report

AGENCY

3

0

2

1

 

Number of Backlogged Appeals as of End of the Fiscal Year from  Previous Annual Report

Number of Backlogged Appeals  as of End of the Fiscal Year from Current Annual Report

AGENCY

1

0