F-1992-02660 - APPEAL CORRESPONDENCE - BURR, WILLIAM ; BERLIN CRISIS

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 00668728
• 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: May 21, 1990

Approved for Release: 2020/12/14 C00668728
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John H. Wright
Information & Privacy Coordinator
Office of Information Services
Central Intelligence Agency
Washington, DC 20505
THE NATIONAL SECURITY ARCHIVE
SUITE 600 1755 MASSACHUSETTS AVENUE, N.W. WASHINGTON, D.C. 2001tm-9865
5/21/90 IN ALL CORRESPONDENCE PLEASE REFER
TO ARCHIVE MB NO. 900216CIA010
RE: Freedom of Information Act Request
Dear Mr. Wright:
1PD Registry
6 e
Pursuant to the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, z.
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. See 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 divison of the Fund For Peace, Inc., a
tax-exempt nonprofit corporation. The Archive's purpose is to enrich public policy
debate by making available records pertaining to important 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 and published. 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. Information in the documents is
disseminated across the country through distribution of comprehensive document
indices to university and other research libraries and through thc Archive's
publications.
(b)(3)
(b)(6)
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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. 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 further ask that you waive all fees in connection with this request. In
National Security Archive v. U.S. Department of Defense, 880 Fid 1381 (D.C. Cir.
1989), gert, denied March 19, 1990, the D.C. Circuit held that the Archive is
entitled to a waiver of all search and review fees under the FOIA as a
"representative of the news media". J at 1387. The appeals court also determined
that Archive requests made in furtherance of its publication and related activities
are not for a "commercial use." 1d. at 1388.
This request also qualifies for a waiver of duplication fees because
disclosure of the information in the requested documents is in the public interest
as it is likely to contribute significantly to public understanding of the operations
or activities of the government. See 5 U.S.C. Section 552(a)(4)(A)(iii). Should you
decline to waive or reduce all duplication fees, we are prepared to pay normal
reproduction costs if I decided to copy the records produced. Our willingness to
pay such fees is subject to our rights to appeal and litigate the fee waiver question.
I further ask that if you decline to waive duplication fees that you set forth your
specific reasons for doing so in writing and that you obtain our authorization
before incurring costs in excess of $100.
In order to expedite the release of the listed documents, I request that you
disclose them on an interim basis 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 at the number listed above. I look forward to
receiving your response within the ten-day statutory time period.
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FOIA Sequence Number: 900216CIA010
Date of Request: 05/21/1990
NSA Record Number: 6017
Subject of Request:
Articles on the Berlin crisis published in any CIA weekly or monthly
intelligence summaries or reports, between November 10, 1958 and December
31, 1960.
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