F-2002-01542 ACKNOWLEDGE RECEIPT - SPR

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 00884479
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 5
• Document Creation Date: July 13, 2023
• Document Release Date: November 14, 2022
• Case Number: F-2020-01920
• Publication Date: December 19, 2002

Approved for Release: 2022/10/24 C00884479
Central Intelligence Agency
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Washington, D.C. 20505
19 December 2002
Ms. Maria Garcia
KVEA, Channel 52, Telemundo
1139 Grand Central Avenue
Glendale, CA 91201
Reference: F-2002-01542
Dear Ms. Garcia:
This is further to our letter of 3 October 2002 regarding your
12 September 2002 Freedom of Information Act (FOIA) request. Specifically,
we understand your request to be for records pertaining to the following
subjects:
1) Eduardo Diaz Silveti, a Mexican citizen
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2) An operation on 18 December 1959 in Mexico City where
Mr. Diaz claims he stopped a Soviet military convoy and
assisted NASA scientists and CIA agents in stealing information
and details from a rocket and the Lunik 9.
Further, you are requesting information proving the individuals
listed below worked for the CIA and may have been involved in
the operation:
3) Warren Dean;
4) Winston Scott; and
5) Robert Zambernardini M. Luchi.
For identification purposes we have assigned your request the number
referenced above. Please refer to this number in future correspondence
With regard to information requested on foreign nationals (item 1), it is
the CIA policy to neither confirm nor deny the existence or nonexistence of any
CIA records. Unless officially acknowledged, such information would be
classified for reasons of national security under Sections 1.5(c) [intelligence
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sources and methods] and 1.5(d) [foreign relations] of Executive Order 12958.
Further, the Director of Central Intelligence has the responsibility and
authority to protect such information from unauthorized disclosure in
accordance with Section 103 (c)(6) of the National Security Act of 1947 and
Section 6 of the CIA Act of 1949. Accordingly, item 1 of your request is denied
on the basis of FOIA exemptions (b)(1) and (b)(3). By this action, we are
neither confirming nor denying the existence or nonexistence of such records.
With regard to item 2, the CIA can neither confirm nor deny the
existence or nonexistence of records responsive to your request. Such
information--unless it has been officially acknowledged--would be classified for
reasons of national security under Executive Order 12958. The fact of the
existence or nonexistence of such records would also relate directly to
information concerning intelligence sources and methods. The Director of
Central Intelligence has the responsibility and authority to protect such
information from unauthorized disclosure in accordance with Section 103 (c)(6)
of the National Security Act of 1947 and Section 6 of the CIA Act of 1949.
Therefore, this portion of your request is denied under FOIA exemptions (b)(1)
and (b)(3).
Regarding items 3 and 5, the CIA can neither confirm nor deny the
past or present affiliation of individuals with the CIA--unless their CIA
affiliation already has been officially acknowledged. Section 6 of the CIA Act
of 1949 exempts from disclosure "the organization, functions, names, official
titles, salaries, or numbers of personnel employed by the Agency," and Section
103 (c)(6) of the National Security Act of 1947 requires the Director of Central
Intelligence to protect information pertaining to intelligence sources from
unauthorized disclosure.
Therefore, to the extent your request might concern records containing
information that would divulge the identity of an unacknowledged employee,
this portion of your request is denied pursuant to FOIA exemption (b)(3). To
the extent your request might concern records reflecting a covert Agency
affiliation, those records would be classified pursuant to Executive Order
12958 and your request would be denied pursuant to exemptions (b)(1) and
(b)(3).
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The CIA official responsible for these determinations is Kathryn I. Dyer,
Information and Privacy Coordinator. By this action we are neither
confirming nor denying that any such information exists. You have the right
to appeal this determination by addressing your appeal to the Agency Release
Panel, in my care. Should you choose to do this, please explain the basis of
your appeal. However, we will be unable to accept such an appeal until the
processing of your request has been completed, at which time you may submit
an appeal within 45 days from the date of our final response letter.
With respect to the part of your request that seeks other information,
including that which might reflect an open or otherwise acknowledged Agency
affiliation, we can search for responsive records on items 3 and 5.
To conduct an effective search of our files for information on an
individual, we need as much identifying information as possible. Please
provide us with your subjects' full name, date and place of birth, and
citizenship status. Without these we may be unable to distinguish between
individuals with the same or similar names.
In addition, the Privacy Act of 1974 requires that you furnish a signed,
notarized statement from the individual authorizing us to release personal
information. We can search without this authorization, but if we should locate
relevant records, we would have to withhold information that, if released,
would be an unwarranted invasion of that person's privacy. If the person is
deceased, we need some evidence of death, such as a death certificate, an
obituary, or press statement.
For your information, the FOIA authorizes federal agencies to collect
fees for records services. You will note on the enclosed fee schedule that we
charge search fees, including computer time where indices are computerized,
and copying costs for releasable documents. Based upon the information
provided in your letter, we have determined that your request falls into the
"news media" fee category, which means that you will be required to pay only
for the cost of reproducing released records. You will be assessed for document
copies at the rate of ten cents per page for pages in excess of the first 100, to
which you are entitled free. The enclosed 14 pages will be taken into account
when assessing the final cost of this request. It is unlikely that these fees
would exceed your $500.00 limit.
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With respect to Winston Scott (item 4), we searched our database of
previously released documents and located the enclosed four documents,
totaling 14 pages, responsive to your request. These records were originally
located as a result of searches conducted on behalf of earlier requesters on this
subject. Searches of this database, containing over 500,000 pages, can be
accomplished very expeditiously (since no review is required).
Meanwhile, we will hold your request in abeyance for 45 days pending
receipt of the biographic data requested in paragraphs 8 and 9.
Sincerely,
Kathryn I. Dyer
Information and Privacy Coordinator
Enclosures
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(b)(3)
(b)(6)
CIO/IMS/IRRG/PIPD /16 December 2002
Signature assigned by: (b)(3)
Distribution: (b)(6)
Orig - Adse
1 - PIPD/F-2002-01542 SPR (45 days for bio)
Fee Category-N (representative of the news media)
(b)(5)
FOIA 10542 Garcia SPR (b)(3)
Enclosures: (b)(6)
Fee Schedule
Explanation of Exemptions
MORI DocIDs: 118566, 118568,449503, and 482080
(b)(3)
(b)(5)
(b)(6)
Approved for Release: 2022/10/24 C00884479