F-1990-01590 - APPEAL CORRESPONDENCE - RE: FREEDOM OF INFORMATION ACT REQUEST

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 00457924
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: March 9, 2023
• Document Release Date: December 15, 2020
• Case Number: F-2011-00563
• Publication Date: September 30, 1987

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THE NATIONAL SECURITY ARCHIVE
SUITE 600 1766 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 20036 (202}
IN ALL CORRESPONDENCE PLEASE REFER
TO ARCHIVE FILE NO. 53, -1 063(4- - CLI9 -
Lee S. Strickland
Information & Privacy Coordinator
Office of Information Services
Central Intelligence Agency
Washington, DC 20505
RE: Freedom of Information Act Request
Dear Mr. Strickland:
SEP 3 0 1987
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Section 5,et
sea. (as amended), I hereby request disclosure of the documents described on the
last page of this letter for inspection and possible copying. This request does not
extend to "operational" files, as defined at 50 U.S.C. Section 431(b), except to the
extent that such files are subject to search and review under the provisions of 50
U.S.C. Section 431(d). Should you determine that the only Agency documents
responsive to this request would, in your opinion, be contained in "operational"
files, I specifically request that you advise me of that determination.
If you regard any of these documents as exempt from the FOIA's disclosure
requirements, I request that you nonetheless exercise your discretion to disclose
them. In this connection I note that you are required under the FOIA to release
any reasonably segregable nonexempt portions of documents containing
information you regard as exempt. Section 552(b). To permit an intelligent,
informed decision whether or not to file an administrative appeal of any denial
decision, you are also requested to describe withheld records (or portions thereof)
and explain the logical and factual basis for exemption claims. Les Mead Data
Central, Inc. v. Department of the Air Force, 566 F.2d 242, 251 (D.C. Cir., 1977).
This request is made on behalf of the National Security Archive, a nonprofit
public interest research institute and library located in Washington, D.C. The
Archive is organized and operated as a division of The Fund for Peace, Inc., a
nonprofit corporation that is exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code, and has been acknowledged by the Internal
Revenue Service since November 19, 1962 to be "organized and operated
exclusively for educational purposes."
The fee waiver provisions under section 552(a)(4)(A) of the FOIA were
recently amended by the Freedom of Information Reform Act. The Reform Act-5
fee provisions became effective on April 25, 1987 and rewrote section 552(a)(4)(()
to create categories of requesters entitled to fee waivers. Pub.L. 99-570, Sec. 180k
1804. One category consists of "educational or noncommercial scientific
institution[s] whose purpose is scholarly or scientific research" and another consUts
of representatives of the "news media.' 5 U.S.C. 552 (aX4XAXiiXII). Requesters
these groups receive an automatic waiver of all search and review fees, irrespecrie
of the nature or contents of the documents requested. They can be charged cc
standard duplication costs (in excess of the first one hundred copied pages), but
these charges may also be waived in certain circumstances.
(b)(3)
(b)(6)
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On May 11, 1987 the Archive submitted a comprehensive memorandum to your
Agency providing documentation under penalty of perjury which establishes that
7the Archive is entitled to fee waivers under the categories of educational or
noncommercial scientific institutions and representatives of the news media within
the meaning of the Reform Act. To summarize, the Archive's purpose is to enrich
public policy debate by making available records pertaining to important, mostly
contemporary issues of major public concern in the areas of foreign, defense,
intelligence, and international economic policy.
Documents obtained by the Archive, including the records requested in this
letter, are carefully analyzed, indexed and organized into document sets in the
Archive's collection. Document sets are available for inspection and copying by
scholars, journalists, Members of Congress and Congressional staffs, present and
former public officials, other public interest organizations, and the general public
at the Archive's Washington office. In addition, information in the documents will
be disseminated across the country through distribution of comprehensive
document indices to university and other research libraries and through the
Archive's publications.
As a staff member of the Archive, I have been assigned to conduct research on
the subject of this request. I am working as part of a research team which includes
experts on this subject with a wide variety of educational and professional
backgrounds relating to foreign affairs, defense, intelligence and international
economic policy The qualifications of various Archive staff members are detailed
in the May 11, 1987 memorandum forwarded to your agency. Members of the team
have conducted an extensive literature search at the Library of Congress and
specialized research libraries and have determined that the requested materials are
necessary to our research.
I therefore request that you waive all search and reproduction fees pursuant
section 552(a)(4)(A), as amended. If you determine that the Archive does not fall
within one of the two categories of requesters described above, this request would
also qualify for favored treatment under the "all other requesters" category because
disclosure of the information in the requested documents 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 Archive within the meaning of the Reform Act. See 5 U.S.C.
552(a)(4)(A)(iii). Should you decline to waive all fees, however, we are prepared to
pay you normal search fees (and reproduction fees, if I decide to copy the records
produced). Our willingness to pay fees is subject to our rights to appeal and litigate
the fee waiver question, and payment would be deferred until exhaustion of such
rights. I further ask that if you decline to waive fees that you set forth your
reasons for doing so in writing and that you obtain our authorization before
incurring search costs in excess of $100.
In order to expedite the release of the listed documents, I request that you
disclose them as they become available to you, without waiting until all the
documents have been assembled. If you have any questions that I might be able to
answer regarding the identity of the records, their location, or the scope of the
request, please call me. I look forward to receiving your response within the
statutory
Yours ve
Kenneth
Attachments
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Mokoena
Copies of all records, including but not limited to cables,
memoranda, studies, intelligence reports, intelligence
commentry and briefing notes relating in who-lor_Iin part
to:
(a) the Soviet Union and Cuban intervention in Angola from
1974 to date.
(b) the United States government activities and response to
Soviet and Cuban intervention in Angola from 1974 to date.
(c) the South African government intervention in Angola from
1974 to date.
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