Information Access Guide

The Freedom of Information Act (FOIA) is found in Title 5 of the United States Code, Section 552.

• The Freedom of Information Act (FOIA) generally provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.
• The FOIA applies only to federal agencies and does not create a right of access to records held by Congress, the courts, or by state or local government agencies.
• The FOIA does not require agencies to do research for you, answer written questions, or in any other way create records (such as lists or statistics) in order to respond to a request.

The nine exemption categories that authorize government agencies to withhold information are:

1. classified information for national defense or foreign policy;
2. internal personnel rules and practices;
3. information that is exempt under other laws;
4. trade secrets and confidential business information;
5. inter-agency or intra-agency memoranda or letters that are protected by legal privileges;
6. personnel and medical files;
7. law enforcement records or information;
8. information concerning bank supervision; and
9. geological and geophysical information.

FOIA Exclusions

Congress 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 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 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 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 exclusion are not subject to the requirements of the FOIA. See 5 U.S.C. §§ 552(c)(1), (c)(2) & (c)(3).

Subsection (a)(2) of the FOIA requires that certain types of records -- final agency opinions and orders rendered in the adjudication of cases, specific policy statements, certain administrative staff manuals, and some records previously processed for disclosure under the Act -- be routinely made "available for public inspection and copying.” This was commonly referred to as the "Reading Room" provision. You may access these records by visiting the Department’s Administrative Rulings, Policy Statements, and Other Publications.

The Department of State maintains records dealing with:

1. The formulation and execution of U.S. Foreign policy
2. The administration and operations of the Department of State and U.S. missions abroad
3. Applications from U.S. citizens for U.S. passports
4. Visa requests from non-citizens to enter the U.S.
5. Consular assistance given to U.S. citizens abroad
6. Current and former employees of the Department of State

For more information on the organization and responsibility of the Department of State, go to Department Organization.

Before submitting a request for Department of State records, you may wish to search through the Department’s FOIA website and the websites of the offices and bureaus within the Department of State.

Information available on the Department’s website includes:

1. Frequently requested documents released under the FOIA.
2. Declassified/Released Document Collections.
3. Special records collections of continuing public interest.
4. Regulations, policy statements, administrative rulings and manuals, and other reference materials.
5. The Department of State’s Annual FOIA Reports.
6. Major Department of State Publications, including Country Reports, Human Rights Reports, and Trafficking in Persons Reports.
7. Foreign Relations of the United States (FRUS) series.

Most offices or bureaus within the Department of State maintain their own websites and post releases electronically, including reports, background notes, remarks and fact sheets. A list of offices and bureaus within the Department is available in the Alphabetical List of Bureaus and Offices.

In general, permanent records 25 years and older, pre-1925 passport and pre-1940 visa records are property of the National Archives and Records Administration (NARA). For information on how to locate Department of State Records at the National Archives go to State Department Records in the National Archives.

You can submit your request by mail, fax, or Request records online using the Public Access Link (PAL) portal.

Fax
(202) 485-1669

Address
Office of Information Programs and Services
A/GIS/IPS/RL
2201 C Street N.W., Suite B266
Washington, D.C. 20520-0000

Re: Freedom of Information Act Request

1. There are no special forms needed for making a request but your request must be made in writing. You may use a plain sheet of paper or your letterhead.
2. Determine whether the information you are looking for is with the Department of State.
3. Provide us with your full name, current address, telephone number, and (if you would like) your email address.
4. Write down what information you are seeking with as much detail as possible to help us locate the requested document(s).

   Please note: the FOIA does not require agencies to do research for you, answer written questions, or in any other way create records (such as lists or statistics) in order to respond to a request.

5. Determine your fee category. For purposes of fees only, requesters are divided into general categories. Go to Requester Categories for more information.
6. State the amount that you are willing to pay for your request. Since there may be fees associated with the processing of your request, please indicate how much you are willing to pay. If you are asking the Department to consider reducing or waiving the fees associated with the processing of your request, please explain the reasons why your request should be granted a fee waiver.
7. By making a FOIA request, the requester shall be considered to have agreed to pay all applicable fees up to $25.00 unless a fee waiver has been granted.
8. If you are requesting a copy of a Department of State contract, please provide us with as much information that you have to enable us to conduct an adequate search, such as contract or solicitation number, name of the company awarded the contract, approximate date of the contract, etc.

The following information will assist us in conducting a search:
• Type of record;
• Timeframe of record (when was the record created);
• Specific subject matter, country, person and/or organization;
• Offices or consulates originating or receiving the record;
• Particular event, policy or circumstance that led to the creation of the record;
• Reason why you believe the record exists;
• If requesting information involving a contract with the Department of State, the contract number, approximate date, type of contract, and name of contractor.

If you are requesting personal information on yourself or on behalf of someone else, please see additional guidance in the Requesting Personal Information under the FOIA and Requesting Personal Records under the Privacy Act sections.

The Department of State will make every attempt to meet the statutory time requirements to respond to your request. Please be aware that the Department’s physical facilities consist of over 250 embassies, consulates, and diplomatic missions in virtually every country in the world, numerous offices in and around the Washington, D.C. area, and a number of field offices throughout the United States. Many of the Freedom of Information Act (FOIA) and Privacy Act (PA) requests processed by the Department (even if limited to a single topic) regularly necessitate searches in multiple locations within the Department’s hundreds of domestic and overseas facilities.

• The Department’s initial response will advise you of the case number assigned to your request and how to contact the Department should you have any questions about the processing of your request. If you submitted your request online, you will receive acknowledgement of receipt via email and an electronically generated case number. If you have submitted an invalid request (usually because of missing information), you will be informed of what you need to submit to the Department to validate your request.
• Fees are generally assessed by the Department at the conclusion of processing a request.
• Some requests, depending on the volume of records, the complexity of the search, and/or the sensitivity of the subject matter, will require additional time to complete. If a request presents unusual circumstances -- such as the volume of the records sought -- you may be notified and offered an opportunity to limit the scope of your request in order to facilitate its processing. For the latest statistics regarding the average time it takes to process a FOIA request, go to the most recent Department of State FOIA Annual Report.
• Once your request is perfected, the Department will search for and retrieve material that is responsive to your request. Many FOIA/PA requests to the Department require searches of multiple records systems, offices and/or overseas posts. For more information on how Department of State Records is organized, go to the Records Management page under Learn.
• In general, requests are handled in the order in which they are received. The Department of State does, however, have a "multi-track" response system to facilitate the processing of simpler requests, rather than putting all requests in a single "queue." However, we usually do not know the number and complexity of responsive records until all searches have been returned. Similarly, until we have had the opportunity to review the records we will not know how much consultation with other offices or agencies is necessary. Thus, requests can move between tracks. For more on multi-track processing, go to 22 CFR 171.12(e).
• After the search is completed, the Department must examine each record to determine whether, and to what extent the record is responsive to the FOIA request and the extent to which it may be disclosed. This often requires the Office of Information Programs and Services (IPS) to consult with the offices and bureaus within the Department and other federal agencies.
• You will receive a substantive response when your request is fulfilled, denied in part or denied in full. The Department provides interim responses in FOIA cases instead of waiting until all processing is completed. Therefore, you may receive more than one substantive response on a rolling basis.
• Many Department documents require special handling because they are classified and their release could harm national security and foreign relations or may result in the unwarranted invasion of personal privacy or other third-party interest. Additionally, a high proportion of documents contain equities of other agencies and governments that may require their clearance before release.
• It is the Department of State’s policy to release information to the maximum extent possible. If some information must be removed from a record which is released in part, the amount of information removed will be indicated at the place where the deletion is made. You will be notified of the number of documents withheld in full, if any. For all information withheld, in full or in part, you will be notified of the basis for withholding and provided instructions on how to appeal the Department’s decision.
• Once your case is completed, the Department will assess the fees accrued during its processing, and you will be notified in writing of any payment that you may owe.

If you have any questions regarding the status of a request, you may contact the FOIA Requester Service Center at (202) 261-8484.

Requests shall receive expedited processing when a requester demonstrates that a “compelling need” for the information exists. A “compelling need” is deemed to exist where the requester can demonstrate one of the following:

1. Failure to obtain requested information on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual.
2. The information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal government activity. Requesters must demonstrate that their primary activity involves publishing or otherwise disseminating information to the public in general, not just to a particular segment or group.
3. Failure to release the information would impair substantial due process rights or harm substantial humanitarian interests.
4. A request for expedited processing may be made at the time of the initial request for records or at any later time. The request for expedited processing shall set forth with specificity the facts on which the request is based. A notice of the determination whether to grant expedited processing shall be provided to the requester within 10 calendar days of the date of the receipt of the request in the appropriate office (whether IPS, OIG, or PPT). A denial of a request for expedited processing may be appealed to the Director of IPS within 30 calendar days of the date of the Department's letter denying the request. A decision in writing on the appeal will be issued within 10 calendar days of the receipt of the appeal. See §171.4 for contact information.

A request for expedited processing must be accompanied by a statement setting forth the reasons why your request should be expedited. For more on Expeditious Handling, go to 22 CFR 171.11(f).

In order to protect your privacy as well as the privacy of others, you will need to provide us with either a notarized statement or a statement signed under penalty of perjury stating that you are the person that you say you are. If you are signing under penalty of perjury, your request must be dated and must have your signature with the following statement:

"I [declare, certify, verify, or state] under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct."

Please note: we do not accept Form DS 5505 Authorization for Release of Information Under the Privacy Act. We also do not accept Department of Justice or Department or Homeland Security forms.

The Department of State maintains the following personal records:

• Applications from U.S. citizens for U.S. passports
• Consular Reports of Birth Abroad
• Consular Reports of Death Abroad (Of a U.S. Citizen)
• Certificate of Witness to Marriage (abroad)
• Certificate of Loss of Nationality
• Records of assistance provided by U.S. consular officers to U.S. citizens abroad
• Visa requests from non-citizens to enter the United States
• Personal correspondence with U.S. Embassies, Consulates, and Missions abroad
• Employment records of current and former employees of the Department of State

Determine whether the information you are looking for is with the Department of State. For more information on the types of records maintained by the Department of State, go to About Department of State Records.

There are no special forms for making a request for personal information. You may use a plain sheet of paper or your letterhead. Please note: we DO NOT accept Form DS 5505 Authorization for Release of Information under the Privacy Act. We also do not accept Department of Justice or Department or Homeland Security forms. Those forms only authorize the release of records from their respective agencies, not the Department of State.

Write down what information you are looking for with as much detail as possible to help us locate the information. Do not write your request in the form of a question but clearly state what records you are requesting.

Please provide the following information:

• Your present mailing address
• The full name, including distinguishing information (such as Dr., Jr., Sr., III), and any aliases or other names used (such as maiden name) of the individual who is the subject of the requested records;
• The date and place of birth of the individual who is the subject of the requested records;
• Types of records sought;
• Timeframe of records;
• Specific subject matter, country and/or organization;
• The offices, embassies, or consulates originating or receiving the record;
• The particular event, policy, or circumstance that led to the creation of the record;
• The reason you believe that the record exists within the Department of State and not another government agency; and
• Any other information that might help in identifying the record.

If you are seeking records pertaining to yourself, your minor child, or an incompetent person for whom you are authorized to act as a guardian, as well as records in the name of any person who has properly authorized you to obtain them you should provide the following:

• Your written request is required. Please provide your signature and a statement that you are the individual who is the subject of the requested records, authorizing the Department of State to release information to you. The authorization should bear your signature and seal of the notary and be dated. If notarization is not possible, you may give authorization under penalty of perjury by adding the following: “I [declare, certify, verify, or state] under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.”
• If your statement is not notarized, the Department also requires reasonable identification of individuals requesting records that contain personal identification information. Therefore, a clear copy of your valid Government-issued photo identification, such as your passport or driver’s license, must be included with your request.
• Evidence of legal authorization if you are requesting records about anyone other than yourself, evidence of parental relationship if you are requesting records about your minor child(ren), and evidence of the guardian relationship if you are requesting records about someone as to whom you are a legal guardian.

Note: In general, under the provisions of the FOIA and Privacy Act, access to information about private individuals cannot be given to unauthorized third parties absent the individuals’ written consent. If you provide authorization, your request will be processed with the greatest possible access. If you do not or are unable to provide authorization, your request will be processed, but release of records will be severely restricted to protect the privacy of the individual(s) whose records are being requested.

Passport Services maintains United States passport records which may consist of passport applications and supporting evidence of United States citizenship, and other records such as Consular Reports of Birth Abroad, Consular Reports of Death (of a U.S. Citizen), Certificates of Loss of Nationality, or Certificates of Witness to Marriage. To obtain any of these records, please mail your request directly to Passport Services at the following address:

U.S. Department of State
Passport Services
Office of Law Enforcement Liaison
44132 Mercure Cir
P.O. Box 1227
Sterling, VA 20166

Additional information on obtaining certified or apostilled copies of consular documents, which requires a fee, is available at www.travel.state.gov/content/passports/en/passports/services/obtain-copies-of-passport-records.html For all other requests, send your request by mail or fax to:

Office of Information Programs and Services
A/GIS/IPS/RL
2201 C Street N.W., Suite B266
Washington, D.C. 20520-0000

Fax: (202) 485-1669

Please write "Freedom of Information Act/Privacy Act Request" on the envelope or the subject line of your fax.

There are no special forms for making a request for personal information. You may use a plain sheet of paper or your letterhead. Please note: we do not accept Form DS 5505 Authorization for Release of Information under the Privacy Act. We also do not accept Department of Justice or Department or Homeland Security forms. Those forms only authorize the release of records from their respective agencies, not the Department of State.

If you are providing consent and authorizing the agency to disclose your records to another person or entity, you must also authorize the Department to release your records by completing the Consent for Disclosure of Records Protected under the Privacy Act form. Click here for the fillable PDF form.

1. Written consent from the individual(s) whose records are being requested is required. Please provide the signature and a statement from the individual(s), authorizing the Department of State to release information to you. The authorization should bear the signature of the individual and seal of the notary and be dated within six months of the date of the request. If notarization is not possible, the individual(s) whose records are being requested may give authorization under penalty of perjury by adding the following: “I [declare, certify, verify, or state] under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.”
2. If the statement is not notarized, the Department also requires reasonable identification of individuals requesting records that contain personal identification information. Therefore, a copy of a Government-issued identification document, such your passport or driver’s license, must be included with your request. The penalty of perjury statement and evidence of identification must be mailed or faxed to us with a current date and a signature.

Note: In general, under the provisions of the FOIA and Privacy Act, access to information about private individuals cannot be given to unauthorized third parties absent the individuals’ written consent. If you provide authorization, your request will be processed with the greatest possible access. If you do not or are unable to provide authorization, your request will be processed, but release of records will be severely restricted to protect the privacy of another individual.

Determine your Fee Category: State the maximum amount of fees that you are willing to pay. By making a FOIA request, you shall be considered to have agreed to pay all applicable fees up to $25, unless otherwise noted.

If you are seeking passport related information or a copy of some else’s passport records without authorization from that person, this is considered a FOIA request, and you may mail your request directly to Passport Services at the address below, or send your FOIA request by email to PPT-Public-FOIARequests@state.gov . Please note that if you wish to receive a certified or apostilled copy of any passport or consular records, a consular service fee will be assessed by the Bureau of Consular Affairs, and your request must be mailed along with the required fee to:

U.S. Department of State
Passport Services
Office of Law Enforcement Liaison
44132 Mercure Cir
P.O. Box 1227
Sterling, VA 20166

You may also request Passport Records by Requesting records online using the Public Access Link (PAL) portal.

Further details are available at www.travel.state.gov/content/passports/en/passports/services/obtain-copies-of-passport-records.html

The Department of State maintains personal records regarding the assistance that consular officers provide to U.S. citizens abroad. Such records normally document emergency assistance related to:

• Arrest & Detention
• Death Abroad
• Lost & Stolen Passports
• Medical Emergencies
• Missing Persons & Contacting Loved Ones
• Natural Disasters
• Parental Child Abduction
• Victims of a Crime
• Repatriation Loans

To obtain your own records in such categories, write down what information you are looking for with as much detail as possible to help us locate the information. Do not write your request in the form of a question but clearly state what records you are requesting.

Please provide the following information:

• Your full name, including distinguishing information (such as Dr., Jr., Sr., III), and any aliases or other names used (such as maiden name);
• Your present mailing address;
• Your date and place of birth;
• Types of records sought;
• Timeframe of record;
• Specific subject matter, country and/or organization;
• The offices, embassies, or consulates originating or receiving the record;
• The particular event, policy, or circumstance that led to the creation of the record;
• The reason you believe that the record exists within the Department of State and not another government agency; and
• Any other information that might help in identifying the record.

Your written consent is required. Please provide your signature and a statement that you are the individual who is the subject of the requested records, authorizing the Department of State to release information to you. The authorization should bear your signature and seal of the notary and be dated. If notarization is not possible, you may give authorization under penalty of perjury by adding the following: “I [declare, certify, verify, or state] under penalty of perjury under the laws of the United States of America, that the foregoing is true and correct.”

If your statement is not notarized, the Department also requires reasonable identification of individuals requesting records that contain personal identification information. Therefore, a copy of a Government-issued identification document, such your passport or driver’s license, must be included with your request.

You are encouraged to review the checklists designed to help requesters provide all necessary information when first submitting a request: Checklist for Personal Records, Checklist for Non-Immigrant Visa Records, and Checklist for Immigrant Visa Records.

The following information should be provided with your request:

1. Full Name (surname(s), given name(s), other distinguishing information (such as Jr., Sr., III), and any aliases or other names used);
2. Date and place of birth (city, state, country);
3. Visa type (immigrant/non-immigrant, and specific type of visa within these broad categories);
4. Location of embassy/consulate where visa was issued/denied/pending;
5. (For immigrant visas only) Case number or USCIS Receipt number if the case number is not known;
6. Whether the visa was issued or denied, and date of such action (if unknown, please provide an approximate range of dates);
7. What specific documents are requested;
8. Additional comments to help locate the record.

Please Note:

• If you are requesting information concerning an application for an immigrant visa, you should provide third party authorizations from the petitioner and all beneficiaries authorizing you to receive their personal information if you want to receive copies of documents submitted or received by them (see Checklist for Immigrant Visa Records). This statement must have a signature and be dated and either notarized or submitted under penalty of perjury.
• Inquiries on visa cases in progress overseas should be made to the appropriate U.S. Embassy or Consulate handling your case. For a listing of U.S. Embassies and Consulates, go to http://www.usembassy.gov/.
• Immigration records for individuals who already immigrated to the United States and have been issued a permanent resident alien card, also known as a “green card,” are with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), National Records Center, FOIA/PA Office, P.O. Box 648010, Lee’s Summit, MO 64064-8010.
• Section (b)(3) of the Freedom of Information Act exempts from disclosure those agency records that are otherwise protected from release by federal statutes other than the FOIA. One such statute is section 222(f) of the Immigration and Nationality Act (8 USC, section 1202 (f)), which renders confidential those records of the Department of State pertaining to the issuance or refusal of visas or permits to enter the United States. As a result, you should be aware that Department of State visa records are generally exempt from disclosure under the (b)(3) exemption to the FOIA. This is the case regardless of whether the requester is a third party or the visa applicant him/herself, and regardless of whether the visa applicant has authorized the FOIA request. Visa applicants seeking their own visa records will only be able to obtain documents they (or others from whom authorization for disclosure has been given) submitted or received during the visa process. Visa records remain confidential under section 222(f) and will not be released even after the subject is deceased.

Visa Records Contact Information

Please see below for the most likely location for information relating to visa matters. Please note: U.S. Embassies and Consulates do not accept FOIA or Privacy Act requests. All requests for Department of State visa records should be sent to the Office of Information Programs and Services.

You may request visa records online through our Public Access Link (PAL) portal. You must ensure that the Department has everything required to validate your request.

Visa records continue to be protected under the visa confidentiality provisions of INA Section 222(f) even after the subject is deceased. Accordingly, they will not be released. For other than visa records, your request will be processed under provisions of the FOIA.

The Privacy Act provides safeguards against invasion of personal privacy through the misuse of records by Federal Agencies. The Act was passed in 1974 to establish controls over what personal information is collected, maintained, used and disseminated by agencies in the executive branch of the Federal Government.

The Privacy Act guarantees three primary rights:

1. The right to see records about oneself, subject to Privacy Act exemptions;
2. The right to request the amendment of records that are not accurate, relevant, timely or complete; and
3. The right of individuals to be protected against unwarranted invasion of their privacy resulting from the collection, maintenance, use, and disclosure of personal information.

The procedures for filing a Privacy Act request for personal records maintained by the Department of State are the same as those described under Requesting Personal Records under the FOIA in this guide with the following exceptions:

1. You must be a citizen of the United States or an alien lawfully admitted for permanent residence to make a request under the Privacy Act.
2. The Privacy Act pertains to records only if those records are within a system of records maintained by the Department of State that are retrieved by an individual's name or personal identifier. For a complete list of the Departments records collections systems, go to Systems of Records Notices (SORNS), located in the Privacy Act page on the Department’s FOIA website.
3. Records retrieved in the processing of a request made under the Privacy Act will be processed under both the Privacy Act and the FOIA to ensure the greatest possible disclosure of those records.
4. No fees shall be charged for access to or amendment of records requested under the Privacy Act.

All requests for access to a record must reasonably describe the System of Records and the individual's record within the system in sufficient detail to permit identification of the requested record.

At the time the Department grants access to a record, it will also furnish guidelines on how to make a request to amend a record.

The Freedom of Information Reform Act of 1986 significantly changed the way agencies assessed fees in FOIA requests. FOIA requesters are placed in categories based on their qualifications and intended dissemination (publication/distribution) of released material. Determinations are made on a case-by-case basis. The fact that a requester has previously qualified for inclusion in a particular category will be taken into consideration, but the category may be different in subsequent requests if, for example, the intended use of the records sought is different.

Fees are generally assessed by the Department at the conclusion of processing a request.

Please Note: All checks and money orders sent to the Department prior to the processing of your request (unless a prior agreement exists between you and the Department) will be returned to you.

For purposes of fees only, the FOIA divides requests into the following categories:

Commercial use request means a request from or on behalf of one who requests information for a use or purpose that furthers the commercial, trade, or profit interest of the requester or the person on whose behalf the request is made. (22 CFR 171.11(l))

The Department will assess charges that recover the full direct costs of searching for, reviewing for release, and duplicating the record sought. (22 CFR 171.15(a))

Educational institution means a preschool, a public or private elementary or secondary school, an institution of undergraduate or graduate higher education, an institution of professional education, or an institution of vocational education, that operates a program or programs of scholarly research. (22 CFR 171.11(m))

Note: For Colleges and Universities, a statement signed by the chairperson of the department to which the requester belongs, attesting to the fact that the request is being made on the institution’s behalf in accordance with the criteria stated in 22CFR171.15(b), will serve as documentation supporting the requester’s inclusion in this category.

The Department shall provide documents to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages. (22 CFR 171.15(b))

Non-commercial scientific institution means an institution that is not operated on a ``commercial'' basis and that is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any particular product or industry. (22 CFR 171.11(n))

The Department shall provide documents to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages. (22 CFR 171.15(b))

Representative of the news media means any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term news means information that is about current events or that would be of current interest to the public. News media include television or radio stations broadcasting to the public at large and publishers of periodicals (but only in those instances when they can qualify as disseminators of ``news'') who make their products available for purchase by the general public. (22 CFR 171.11(o))

The Department shall provide documents to requesters in this category for the cost of reproduction alone, excluding charges for the first 100 pages. (22 CFR 171.15(c))

Requests from persons not falling within any of the above categories. (22 CFR 171.11(p))

The Department shall charge requesters who do not fit into any of the categories above fees that recover the full reasonable direct cost of searching for and reproducing records that are responsive to the request, except that the first 100 pages of reproduction and the first two hours of search time shall be furnished without charge. (22 CFR 171.15(d))

By making a FOIA request, the requester shall be considered to have agreed to pay all applicable fees up to $25.00 unless a fee waiver has been granted. If the Department estimates that the search costs will exceed $25.00, the requester will be notified and offered the opportunity to confer with Department personnel with the object of reformulating the request to meet the requester's needs at a lower cost. The request will not be processed further unless the requester agrees to pay the estimated fees. (22 CFR 171.14-16)

It is recommended that the requester indicates the maximum amount of fees that they are willing to pay with their initial request. If it is anticipated that fees will exceed the fee limit set by the requester, or if in processing the request, fees begin to exceed the requester’s fee limit, the Department will contact the requester. If the requester has provided a telephone number, the Department will attempt to call the requester to resolve the matter quickly.

Requesters who owe fees incurred in connection with the processing of previous requests must pay the fees owed prior to the Department processing any new requests. Such requests will be designated "invalid" until payment in full is received. (22 CFR 171.16(2))

The FOIA permits agencies to furnish documents without charge or at a reduced rate if it is determined that disclosure is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the Government and is not primarily in the commercial interest of the requester. (22 CFR 171.17)

It is the Department's policy to treat each request for a fee waiver on a case-by-case basis. The Department will not consider a waiver or reduction of fees for requesters (persons or organizations) from whom unpaid fees remain due for a previous FOIA request. To help us make a decision about your request for fee waiver or fee waiver appeal, requesters should provide the following information in your request:

1. State why you believe the subject matter of your request concerns the operations or activities of the Department of State.
2. From what other sources have you attempted to obtain this information? Have you tried to obtain this information from the Foreign Relations of the United States Series, the National Archives and Records Administration, or public libraries? Demonstrate the absence of the requested information from the public domain.
3. Provide a summary of your educational background and work experience, particularly in the field of foreign affairs, and your expertise in the subject area of your request.
4. Expand on your ability and intent to disseminate the information requested, e.g., Have you published or disseminated information in this or related fields in the past? Is the information requested to be used in a specific article or paper currently being prepared? When is the article to be published or the program to be aired? To what audience is the article or program aimed?
5. Identify the particular person who will actually use the requested information in scholarly or other analytic work and then disseminate it.
6. Describe any commercial interest that would be furthered by the disclosure of the requested information, e.g., Will you be paid for the publication or dissemination of the requested information? If so, how much will you be paid and in what manner will you receive payment? Will you receive any other type of commercial benefit due to your dissemination of the requested information? A "commercial interest" is one that furthers a commercial, trade, or profit interest as those terms are commonly understood.

If your request for a fee waiver is not granted, we need your written assurance that you are willing to pay the fees associated with the processing of your request. You may set a limit on the amount you are willing to pay.

For information regarding the requirements for a fee waiver, go to 22 CFR 171.17

Search and review costs will be calculated based upon the pay scale of the person conducting the search or review. Duplication costs are assessed for only those documents that ultimately are released in full or denied in part; duplication costs are not assessed for documents denied in full, or referred to originating agencies for direct reply.

The Department charges the following fees:

For searches, the Department will charge the estimated direct cost of each search based on the average current salary rates (including benefits) of the categories of personnel doing the searches. The categories of personnel that may conduct searches and the estimated hourly costs based on the average current salary rates (including benefits) for those categories are:

1. Administrative/clerical – $21/hour;
2. Professional – $41/hour;
3. Executive -- $76/hour

Only requesters who are seeking documents for commercial use may be charged for time spent reviewing records to determine whether they are releasable. Charges may be assessed for the initial review only; i.e., the review undertaken the first time the Department analyzes the applicability of a specific exemption to a particular record or portion of a record.

Records shall be duplicated at a rate of $.15 per page.

No Charge For Requests Under $10.00

The Department will not charge fees to any requester, including commercial use requesters, if the cost of collecting a fee would be equal to or greater than the fee itself. This means that if billable costs are less than $10.00, the requester is not charged.

Appeals of denial of access must be made in writing and sent to the U.S. Department of State, Appeals Officer, HST Room B266, 2201 C Street, NW, Washington, DC 20520. The appeal letter should state why the requester disagrees with the determination and provide any additional supporting information. This might include examples of material previously released by the State Department.

The Department's decision to refuse to waive or reduce fees, or grant expedition, may also be appealed by writing to U.S. Department of State, Appeals Officer, HST Room B266, 2201 C Street, NW, Washington, DC 20520. The appeal letter should contain as much information and documentation as possible to support the request for a waiver or reduction of fees.

MDR is a mechanism provided in Section 3.5 of Executive Order 13526 (which replaced Executive Order 12958) whereby an individual may request the declassification review of specific classified material that (s)he is able to identify so that the agency may retrieve it with reasonable effort.

Section 3.5 provides that information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if:

1. the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort;
2. the document or material containing the information responsive to the request is not contained within an operational file exempted from search and review, publication, and disclosure under 5 U.S.C 552 in accordance with law
3. the information has not been reviewed for declassification within the past 2 years. If the agency has reviewed the information within the past 2 years, or the information is the subject of pending litigation, the agency shall inform the requester of this fact and of the requester's appeal rights.

You may mail or fax your request for Department of State records to the following:

Office of Information Programs and Services
A/GIS/IPS/RL
2201 C Street N.W., Suite B266
Washington, D.C. 20520-0000

Fax: (202) 485-1669

Please write “Mandatory Declassification Review" on the envelope or the subject line of your fax.

The request should specifically mention MDR under E.O. 13526, and not the Freedom of Information or Privacy Acts. The request must identify the document or information to be reviewed with as much specificity as possible, e.g., “Embassy London telegram 88994 of August 22, 1997.” As a general rule, MDRs should be filed only for the declassification and release of information known to be classified. MDRs will not be opened for general requests for information, e.g. “information on Tonga-U.S. relations from 2002 to the present”, though that may be an appropriate subject of a FOIA request.

Although the purpose of an MDR is to provide declassification review of classified material, material that has been declassified pursuant to the review may nonetheless be withheld for other reasons, most typically because withholding is required by the FOIA.

Requesters who are denied declassification and release of information pursuant to an MDR request can file an administrative appeal with the Department’s Appeals Review Panel (ARP). A negative decision by the ARP may be appealed to the Interagency Security Classification Appeals Panel (ISCAP), the highest appellate body for MDR decisions.

Please note: the codification of the rules for requesting mandatory declassification review in 22 Code of Federal Regulations (CFR) 171, Subpart C refer to Executive Order 12958. Although Executive Order 12958 has been superseded by Executive Order 13526, the instructions in 22CFR171, Subpart C for requesting mandatory declassification review remain valid.

Questions regarding access to Department of State records should be directed to the FOIA Requester Service Center by calling the FOIA Hotline at (202) 261-8484.