KORNBLUH, PETER; MANUCHER GHORBANIFAR

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0001528725
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 12
• Document Creation Date: June 22, 2015
• Document Release Date: May 26, 2009
• Case Number: F-2007-01743
• Publication Date: October 30, 2003

The National Security Archive
The George Washington University
Gelman Library, Suite 701
2130 H Street, N.W.
Washington, D.C. 20037
APPROVED FOR
RELEASE^DATE:
29-Apr-2009
October 30, 2003
By Facsimile (703) 613-30201(703) 613-3007 and First Class Mail
Phone: [phone]
Fax: [phone]
[e-mail]
www.nsarchive.org
Direct: 202-994-7059
E-mail: [e-mail]
Herbert O. Briick Robert Herman
Chief, Information, Review & Release Group Information and Privacy Coordinator
Information Management Services Information Management Services
Central Intelligence Agency Central Intelligence Agency
Washington, DC 20505 Washington, DC 20505
Thank you once again for meeting with the National Security Archive in August to discuss our
concerns about Freedom of Information Act processing at the Central Intelligence Agency ("CIA"). We
feel certain that progress can be made on a number of the issues that we identified during our meeting and
I look forward to following up with you on these matters.
The purpose of this letter is to follow up with you regarding old FOIA requests that remain
pending despite the passage of over 10 years. Previously, the Archive provided you with a list of requests
that our analysts submitted prior to 1990 and that our records show as "open" requests. I appreciate the
CIA's efforts to research the status of these requests. We agreed at our meeting in August that the
Archive would respond to the CIA's description of the status of these requests in the hope that any
administrative obstacles can be resolved and the requests will finally be processed. As part of this, the
Archive agreed also to designate any requests that the Archive is willing to close. Further, we discussed
conducting a similar process regarding requests that the Archive submitted from 1990-1995, from 1995-
2000 and so on.
Before getting into the details of the specific requests, I do want to clear up one misconception
related to the age of these requests. At our meeting, it was speculated by Agency representatives that the
Archive had closed and then reopened several of these requests, and therefore that the requests could not
be categorized as pre-1990. From the Archive's perspective these requests were unilaterally closed by the
CIA and then reopened 2-4 years later after the Archive was successful in establishing its status as a
representative of the news media. Regardless, whether the requests are 11 or 15 years old, they have still
been pending too long from the perspective of the Archive and, I am sure, the CIA as.well.
An Independent non-governmental research institute and library located at the George Washington University, the Archive collects
and publishes declassified documents obtained through the Freedom of Information Act. Publication royalties and tax deductible
contributions through The National Security Archive Fund, Inc. underwrite the Archive's Budget.
 Letter of October 30, 2003
To Herbert O.. Briick and Robert Herman
.Page 2 of 3
Accordingly, it appears from a comparison of the CIA's summary of the open requests, that we are
both in agreement that the following requests are open and that a response from the CIA is long overdue:
Requester
CIA No.
Status Per CIA
Thomas Svolos
F87-06891F90-1370
Cancelled (6/23/87); Reopened (9/21/90)
Kenneth Mokoena
F87-1218/F90-1590
Open Appeal (11/10/99)
Peter Kornbluh
F88-02951F92-1609
Cancelled (4/18/88); Reopened (8/10/92)
Laurence Chang
F88-05421F90-01884 Cancelled (5/18/88); Reopened (11/28/90)
Scott Armstrong
F89-1505/ F92-01610 Cancelled (11/28/89); Reopened (8/10/92)
Peter Kombluh
F89-1132/F92-0896 Cancelled (8/7/89); Reopened (5/1/92)
With this letter, we agree to close the following requests that appear on the list above:
Requester
CIA No.
Status Per CIA
Peter Kornbluh
F88-0295/F92-1609
Cancelled (4/18/88); Reopened (8/10/92)
Laurence Chang
F88-05421F90-01884 Cancelled (5/18/88); Reopened (11/28/90)
We would appreciate if you could determine the status of the processing of the remaining open
requests and provide an estimate of when we can expect a response.
In addition, we initially included in our list of open cases several requests that your records
showed as cancelled or closed. To the extent you are waiting for a response from the Archive concerning
these cases, we agree not to pursue the following requests any further:
Requester
CIA No.
Status Per CIA
Quinlin Shea
F86-1367
Cancelled (12/15/86)
Lisa Richey
F88-0792
Referred (7/13/88)
Kenneth Mokoena/Steven Galster F88-0882
Cancelled (8/9/88)
Scott Armstrong F89-0843
Referred (8/1/89)
In addition to those listed above, we had inquired about the status of a number of appeals of
requests filed by Scott Armstrong. You indicated that these are either cancelled or closed, but that one of
the requests has been superceded by F91-1190. We wish to continue to pursue that one, which you
indicated remains open, but will not dispute the cancellation or closing of the other matters.
There are, however, a couple of requests on which our records do not agree and that we still wish
to pursue. Each is discussed separately:
Request No. F90-1865 (originally F88-0583) was submitted by Laurence Chang. The Agency
released four records with redactions on January 3, 1991 and indicated that the fifth record was not
searchable in the CIA's records system. On January 31, 1992, an appeal of the excisions was submitted
by the Archive and our records show that no response to the appeal has been received. I have enclosed
the relevant correspondence for your consideration. Attachment A. We request, therefore, that you
process the appeal.
 Letter of October 30, 2003
To Herbert O. Briick and Robert Herman
Page 3 of 3
Request No. F92-0802 (originally F89-1133) was submitted by Peter Kornbluh. According to
our records, the Agency found the request searchable on August 14, 1989, but suspended it pending
resolution of the fee dispute. Our records further indicate that the Agency reopened the request on May
27, 1992. Our records show no further correspondence received from the Agency. Your summary of
open cases provided in August, however, shows "NRL 4-2-99." The Archive has no record.of receiving
correspondence from the Agency concerning this request that is dated April 2, 1999. We request,
therefore, that you send a copy of the denial letter and permit the Archive an opportunity to exercise it
administrative appeal rights regarding this request.
Archive analysts have noted many recent improvements in the CIA's processing of FOIA
requests, particularly more recent requests that were responded to within reasonable timeframes.
Moreover, the Agency's efforts to improve its transparency in the 1990s have had a positive impact on the
work of scholars and researchers seeking to document the role of the CIA in U.S. history. While we
understand that older records may provide challenges to the agency, delaying responding to these requests
will not make that challenge disappear. Because several of the open requests discussed in this letter were
acknowledged by the CIA when it responded on March 27, 2003 to the Archive's FOIA request for the
Ten Oldest Pending FOIA Requests, we assume they are not technically "lost" in the system. Yet,
nonetheless, the CIA clearly has failed, without any explanation, to meet the 20-day statutory time limit
set forth in the FOIA. 5 U.S.C. ? 552(a)(6)(A)(i). This constitutes an inexcusable delay. "[A]n agency's
failure to comply with the FOIA's time limits is, by itself, a violation of the FOIA, and is an improper
withholding of the requested documents." Gilmore v. United States Dep't of Energy, 33 F. Supp.2d 1184,
1187 (N.D. Ca. 1998). These are delays that not even a court applying Open America v. Watergate
Special Prosecution Taskforce, 547 F.2d 605 (D.C. Cir. 1976), could countenance, for to do so would
vitiate any practical utility associated with using FOIA. Furthermore, a lengthy time extension is not an
appropriate option at this point in light of the many years that have already passed. See Hayden v.
Department of Justice, 413 F. Supp. 1285, 1289 -(D. D.C 1976) (FOIA time extension provisions are "not
intended to convert the federal courthouse into a haven of refuge from the time pressures of the Act,
where stringent legal requirements are finally subordinated to administrative convenience.") The records
discussed above should be processed and promptly provided.
. I am happy to discuss these matters further at your convenience, and will follow up with a
telephone call next week. Please feel free to contact me directly at 202-994-7059.
Meredith Fuchs
General Counsel
cc: Alan Tate, Information Management Services
Central Intelligence Agency
Thomas Blanton, Director
Barbara Elias, FOIA Coordinator
The National Security Archive
 \ C /'4 Z)
John E. Ruthrauff
Executive Director
Thomas S. Blanton
Deputy Director
Malcolm Byrne
Director of Analysis
The National Security Archive
January 31, 1992
John H. Wright
Information and Privacy Coordinator
Office of Information and Privacy
Central Intelligence Agency
Washington DC 20505
RE: Freedom of Information Act Request No. F90-1865
Dear Mr. Wright:
This letter constitutes an administrative appeal
under the Freedom of Information Act
5 U
S
C
Sec
552
,
.
.
.
.
MargantaS.Studemeister
Director of Publications (a) (6) . By letter dated December 3, 1991, 4 documents
were withheld in part under the (b)(1) exemption.
Sheryl L Walter, Esq.
General Counsel with respect to the material withheld on the basis
of (b)(1), I ask that it be reviewed again to ensure
that current classification is indeed warranted and
that all reasonably segregable portions of each
document are released. It seems likely to us that the
documents contain factual and descriptive information
which can be reasonably segregated--at a minimum, the
titles, authors, destination, and dates and internal
subdivision headings of the documents themselves.
We look forward to receiving a prompt decision on
this appeal. If you have any questions,.or believe
that a discussion of this matter would be.beneficial,
please contact me at the number below.
Sincerely,
Ct axo_o
Lynda Davis
FOIA Coordinator
1755 Massachusetts Avenue, NW
Suite 500
Washington, DC 20036
202-797-0882
Fax [phone]
 Central Intelligen
Agency
Mr. Laurence Chang
The National Security Archive
1755 Massachusetts Avenue, N.W.
Suite 500
Washington, D.C. 20036
RECEtVEZ
Reference: F90-1865
Dear Mr. Chang:
This is in final response to your Freedom of Information
Act (FOIA) request for the following records:
1. Information Report dated 9/1/62 and entitled,
"Planned Uprising of Counterrevolutionary Groups" (in
Cuba). 3 pages, number TDCSDB-3/651,250. Classified
secret.
2. Information Report dated 8/31/62 and entitled,
"Alleged Plan for General Uprising in Cuba," 3 pages,
number TDCSDB-3/651,239. Classified secret.
3. Information Report dated 8/28/62 and entitled,
"Planned Uprising of Counterrevolutionary Groups" (in
Cuba). 3 pages, number TDCSDB-3/651,184. Classified
secret.
4. Information Report dated 8/28/62 and entitled,
"Post;ible Counterrevolutionary Uprisings in Cuba at
the End of August." 3 pages, number TDCSDB-3/651,176.
Classified secret.
In our acceptance letter to you we explained that the 5th
item of your request, an unserialized OCT paper entitled,
"Cuban Situation," 15 pages, classified secret, is not
searchable in our records systems without additional
information.
This request was processed in accordance with the
provisions of the FOIA, 5 U.S.C. ?552, as amended, and the CIA
Information Act, 50 U.S.C. ?431. Our search was for the
documents described above in existence as of and through the
date of our acceptance letter, 26 December 1990. In accordance
with our acceptance letter, fees for this request have been
waived.
We have completed a thorough search and have located four
documents responsive to your request.
 Sincerely,
ohn H. Wrigh
Inforn(ajlion and Privac/g'oo inator
Enclosed, Tab A, are copies of documents 1-3. These
documents are being released to you as they have been released
to previous requesters.
Enclosed, Tab B, is a sanitized copy of document number 4.
Deletions have been made on the basis of FOIA exemptions (b)(l)
and (b)(3). An explanation of FOIA exemptions is also enclosed.
The CIA official responsible for these determinations is
John H. Wright, Information and Privacy Coordinator. You may
appeal the decision regarding document number 4 by addressing
your appeal to the CIA Information Review Committee, in my
care.. Should you choose to do this, please explain the basis
of. your appeal.
We have appreciated your patience and understanding during
the time required for consideration of this request.
 The National Security Archive
A Project of the Fund for Peace
Executive Director
John Ruthrauff
January24, 1991
John H. Wright
Information & Privacy Coordinator
Central Intelligence Agency
Washington D.C. 20505
Reference: F88-0583 now F90-1865
F88-0542 now F90-1884
F88-0543 now F90-1885
59D4121 C 1A 0
p3
4? I
Z)6 /0 e
Dear Mr. Wright:
Thank you for your letter regarding the above referenced FOIA requests. We
appreciate the fact that you are waiving fees for these particular requests based on the
fact that they are likely to produce less than 100 pages of material. However, your
denial of our request for a waiver of fees for these requests under the "public
understanding" standard is incorrect, as is your failure to grant a fee waiver to us as a
representative of the news media.
First, your assertion that "the information [the Archive] seek[s] pertains entirely
to Cuba" and your conclusion that the "information requested is not likely to contribute
significantly to public understanding of the operations or actions of the U.S.
government" is wrong. The information we seek pertains entirely to the U.S.
government's assessments of events in Cuba. The documents we seek clearly provide
Tinformation on the U.S. government's activities and operations which would significantly
contribute to public understanding. In fact, absent deposing the authors of the
documents we requested, there is no way other than the release of such documents for
the public to gain any understanding of the operations and activities of the U.S.
government in analyzing and assessing the situation in Cuba.
Second, the re-numbering of our 1988 FOIA requests from 1988 to 1990 implies
that you are processing our requests as if they had just arrived at the CIA, instead of in
their rightful places in the queue as of 1988. In effect, you seem to be penalizing us for
your unlawful denial of waiver of fees under the "representative of the news media"
standard, which we requested with the original FOIA request letter. We ask that you
immediately restore these requests to their places in the queue which they would have
had if you had complied with the law in 1988 and notify us promptly of this action.
1755 Massachusetts Avenue, NW
Suite 500
Washington, DC 20036
202-797-0882
Fax [phone]
 Third, as to the Archive's publication plans, we plan to publish document sets
related to the subjects of the documents requested. As you ma know, the CIA itself has
purchased our collection on the Iranian revolution of 1977-80 12,000 pages of
documents on microfiche with a two-volume 1,598-page index and guide). We plan to
publish a similar collection on U.S. - Cuban relations. This publication would certainly
include the documents we have sought in these requests. Therefore, our eligibility for a
fee waiver as a representative of the news media for the above requests is indisputable.
As a representative of the news media, we agree to pay all legally assessable copying
costs.
Thank you in advance for your expeditious resolution of this matter. In light of
the above, we would appreciate the prompt processing of these two year old requests
without further delay.
Sincerely yours,
"I- . ~', PCzt_q-
Lynda Davis
FOIA Coordinator
 Central intelligence Agency
Mr. Laurence Chang
National Security Archive
1755 Massachusetts Avenue, N.W.
Suite 500
Washington, D.C. 20036
Dear Mr. Chang:
R SIC
0
2 6 DEC 1990
3:` 2
Pursuant to the recent District of Columbia District Court
decision in National Security Archive v. Central Intelligence
Agency, we are initiating the processing of National Security
Archive cases held in abeyance pending resolution of fee issues.
Your request, formerly F88-0583, has been assigned reference
number F90-1865 for identification and tracking purposes.
Specifically, you are requesting the following five
documents:
"1) Information Report dated 9/1/62 and entitled,
'Planned Uprising of Counterrevolutionary Groups' (in
Cuba). 3 pages, number TDSSDB-3/651,250. Classified
secret;
"2) Information Report dated 8/31/62.and entitled,
'Alleged Plan for General Uprising in Cuba.' 3 pages,
number TDCSDB-3/651,239. Classified secret;
"3) Information Report dated 8/28/62 and entitled,
'Planned Uprising of Counterrevolutionary Groups' (in
Cuba). 3 pages, number TDCSDB-3/651,184;
"4) Information Report dated 8/28./62 and entitled,
'Possible Counterrevolutionary Uprisings in Cuba at the End
of August.' 3 pages, number TDCSDB-3/651,176. Classified
secret.;
"5) Unserialized OCI paper entitled, 'Cub.an
Situation.' 15 pages. Classified secret."
With respect to item 5, without further identifying
information, e.g., document number, date, etc., this document
is not searchable in our records systems.
 Concerning your request for a waiver of fees, the Freedom
of Information Reform Act, 50 U.S:.C..?552(a)(4)(A)(iii),
specifically provides that "[d]ocuments shall be furnished
without any charge or at a charge reduced below the fees
established under clause (ii) if disclosure of the information
is in the public interest because it is likely to contribute
significantly to public understanding of the operations or
activities of the [United States] government and is not
primarily in the commercial interest of the requester."
Your request clearly does not meet the criteria established
for a waiver of fees under the FOI Reform Act. Inasmuch as the
information you. seek pertains entirely to Cuba, it is not
likely to contribute significantly to public understanding of
the operations or activities of the United States Government.
Accordingly, in this instance, your request for a fee waiver is
denied.
Based on your general statement of intent to publish, you
may be eligible for categorization as "representative of the
news media." To establish your eligibility in connection with
this request, we would normally need from you a detailed
statement of your specific publication plans for any material
which might be released in response to this particular
request. As "representative of the news media," you would be
responsible only for copying costs in excess of 100 pages of'
releasable documents. However, since it seems unlikely that
releasable material, if it exists, would exceed 100 pages, we
are waiving fees in this particular instance.
Accordingly, we have accepted your request for the
documents 1 through 4 as described above; it will be processed
in accordance with the Freedom of Information Act, 5 U.S.C.
552, as amended, and the CIA Information Act, 50 U.S.C. 431.
Our search will be for documents in existence as of and through
the.date of this acceptance letter.
The heavy volume of FOIA requests received by the Agency,
has created delays in processing. Since we cannot respond
within the 10 working days stipulated by the Act, you have. the
right to consider this as a denial and may appeal to the CIA
Information Review Committee. It would seem more reasonable,
however, to have us continue processing your request and
respond as soon as we can. You can appeal any denial of
records at that time. Unless we hear from you otherwise, we.
will assume that you agree, and we will proceed on this basis.
Sincerely,
An H. Wright
 Central Intelligence Agency
Laurence Chang
The National Security Archive
1755 Massachusetts Avenue, NW
Suite 500
Washington, DC 20036
Reference: F88-0583
Dear Mr. Chang:
F k 0 ..il a
RECEIVED MAY 1 3 1988
i I MAY 1988
This acknowledges receipt of your 29 April 1988 letter, in which you
requested documents under the provisions of the Freedom of Information Act
(FOIA) on behalf of the National Security Archive. Your request has been
assigned reference number F88-0583 for identification purposes.
Specifically, you have requested the following five documents:
1. "Information Report dated 9/1/62 and entitled, 'Planned Uprising
of Counterrevolutionary Groups' (in Cuba). 3 pages, number
TDCSDB-3/651,250. Classified secret.";
2. "Information Report dated 8/31/62 and entitled, 'Alleged Plan
for General Uprising in Cuba.' 3 pages, number TDCSDB-3/651,239.
Classified secret.";
3. "Information Report dated 8/28/62 and entitled, 'Planned
Uprising of Counterrevolutionary Groups' (in Cuba). 3 pages, number
TDCSDB-3/651,184. Classified secret.";
4. "Information Report dated 8/28/62 and entitled, 'Possible
Counterrevolutionary Uprisings in Cuba at the End of August.' 3
pages, number TDCSDB-3/651,176. Classified secret."; and,
5. "Unserialized'OCI paper entitled, 'Cuban Situation.' 15 pages.
Classified secret."
We have determined that your request is searchable in our records systems,
and that fees will be involved in this case. Therefore, pending the outcome
of Civil Action 88-0501, determination of the National Security Archive's
requester category, all action will be suspended on this request. However, if
you wish to make, on behalf of the National Security Archive, a firm
commitment to pay, without caveat, all search, review, and duplication fees
associated with this request, we can begin processing immediately.
Sincerely,
Lee S. Strickland
Information and Privacy Coordinator
 CT N - * *
Q -' n t