1.Name, address, and telephone number of person(s) to be contacted with questions about the report:
Joseph A. Sorbera, FOIA Public Liaison Export-Import Bank of the United States 811 Vermont Avenue, NW Washington, DC 20571 (202) 565-3241
Dawn R. Kral, FOIA Specialist Export-Import Bank of the United States 811 Vermont Avenue, NW Washington, DC 20571 (202) 565-3248
2.Electronic link for access to the report on Ex-Im Bank’s Web site.
3.To receive a hard copy of this report, mail a request to either of the contacts shown above.
II.MAKING A FOIA REQUEST
1. All FOIA requests are received and processed at the following address:
Export-Import Bank of the United States Freedom of Information Act Office 811 Vermont Avenue, NW Washington, DC 20571 (202) 565-3248
Guidance on how to make a FOIA request can be found here.
2. Brief description of why some requests are not granted.
Ex-Im Bank most commonly withholds information pursuant to FOIA Exemptions (b)(4) and (b)(5). The (b)(4) exemption is mostly applied to information received as part of Ex-Im Bank’s review of credit applications. The information is received from foreign buyers of U.S. exports, commercial financial institutions, product suppliers, and other private sector entities and is sensitive and confidential in nature. The (b)(5) exemption is applied most frequently to staff communication generated during the credit review process and to pre-decisional memoranda prepared for the Bank’s Board of Directors and Credit Committee containing staff analysis and recommendations.
III. Acronyms, Definitions, AND EXEMPTIONS
1. Agency-specific acronyms or terms used in this report. None 2. Definitions of terms used in this report:
a. Administrative Appeal – a request to a federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level. b. Average Number – the number obtained by dividing the sum of a group of numbers by the quantity of numbers in the group. For example, of 3, 7, and 14, the average number is 8. c. Backlog – the number of requests or administrative appeals that are pending at an agency at the end of the fiscal year that are beyond the statutory time period for a response. d. Component – for agencies that process requests on a decentralized basis, a “component” is an entity, also sometimes referred to as an Office, Division, Bureau, Center, or Directorate, within the agency that processes FOIA requests. The FOIA now requires that agencies include in their Annual FOIA Report data for both the agency overall and for each principal component of the agency. e. Consultation – the procedure whereby the agency responding to a FOIA request first forwards a record to another agency for its review because that other agency has an interest in the document. Once the agency in receipt of the consultation finishes its review of the record, it responds back to the agency that forwarded it. That agency, in turn, will then respond to the FOIA requester. f. Exemption 3 Statute – a federal statute that exempts information from disclosure and which the agency relies on to withhold information under subsection (b)(3) of the FOIA. g. FOIA Request – a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., a “third-party” request), or concerning an organization, or a particular topic of interest. FOIA requests also include requests made by requesters seeking records concerning themselves (i.e., “first-party” requests) when those requesters are not subject to the Privacy Act, such as non-U.S. citizens. Moreover, because all first-party requesters should be afforded the benefit of both the access provisions of the FOIA as well as those of the Privacy Act, FOIA requests also include any first-party requests where an agency determines that it must search beyond its Privacy Act “systems of records” or where a Privacy Act exemption applies, and the agency looks to FOIA to afford the greatest possible access. All requests which require the agency to utilize the FOIA in responding to the requester are included in this Report. Additionally, a FOIA request includes records referred to the agency for processing and direct response to the requester. It does not, however, include records for which the agency has received a consultation from another agency. (Consultations are reported separately in Section XII of this Report.) h. Full Grant – an agency decision to disclose all records in full in response to a FOIA request. i. Full Denial – an agency decision not to release any records in response to a FOIA request because the records are exempt in their entireties under one or more of the FOIA exemptions, or because of a procedural reason, such as when no records could be located. j. Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7. k. Multi-Track Processing – a system in which simple requests requiring relatively minimal review are placed in one processing track and more voluminous and complex requests are placed in one or more other tracks. Requests granted expedited processing are placed in yet another track. Requests in each track are processed on a first in/first out basis.
i. Expedited Processing – an agency will process a FOIA request on an expedited basis when a requester satisfies the requirements for expedited processing as set forth in the statute and in agency regulations. ii. Simple Request – a FOIA request that an agency using multi-track processing places in its fastest (non-expedited) track based on the low volume and/or simplicity of the records requested. iii. Complex Request – a FOIA request that an agency using multi-track processing places in a slower track based on the high volume and/or complexity of the records requested.
l. Partial Grant/Partial Denial – in response to a FOIA request, an agency decision to disclose portions of the records and to withhold other portions that are exempt under the FOIA, or to otherwise deny a portion of the request for a procedural reason. m.Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects. n. Perfected Request – a request for records which reasonably describes such records and is made in accordance with published rules stating the time, place, fees (if any) and procedures to be followed. o. Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects. p. Range in Number of Days – the lowest and highest number of days to process requests or administrative appeals. q. Time Limits – the time period in the statute for an agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request).
3. Descriptions of the nine FOIA exemptions:
a. Exemption 1: classified national defense and foreign relations information b. Exemption 2: internal agency rules and practices c. Exemption 3: information that is prohibited from disclosure by another federal law d. Exemption 4: trade secrets and other confidential business information e. Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges f. Exemption 6: information involving matters of personal privacy g. Exemption 7: records or information compiled for law enforcement purposes, to the extent that the production of those records (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, (E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions, or (F) could reasonably be expected to endanger the life or physical safety of any individual h. Exemption 8: information relating to the supervision of financial institutions i. Exemption 9: geological information on wells
NOTE: All FOIA requests are received and processed at Ex-Im Bank’s headquarters at the address shown in II. 1. above. The following tables reflect that there are no other individual reporting components within Ex-Im Bank other than the agency in total.
IV. Exemption 3 Statutes
A.Exemption 3 Statutes Relied upon to Withhold Information
Statute
Type ofInformation Withheld
Case Citation
Number of TimesRelied upon per Component
Total Number ofTimes Relied upon by Agency
N/A
N/A
N/A
0
0
V.FOIA Requests
A.Received, Processed, and Pending FOIA Requests
Number ofRequests Pending as of Start of Fiscal Year
Number ofRequests Received in Fiscal Year
Number ofRequests Processed in Fiscal Year
Number ofRequests Pending as of End of Fiscal Year
AGENCY
9
108
88
29
B. (1) Disposition of FOIA Requests – All Processed Requests
Number ofFull Grants
Numberof Partial Grants/ Partial Denials
Numberof Full Denials Based on Exemptions
Numberof Full Denials Based on Reasons Other than Exemptions
NoRecords
AllRecords Referred to Another Component or Agency
RequestWithdrawn
Fee-Related Reason
Records not Reasonably Described
ImproperFOIA Request for Other Reason
Not Agency Record
DuplicateRequest
Other *Explainin chart below
TOTAL
AGENCY
35
38
0
11
0
4
0
0
0
0
0
0
88
B. (2) Disposition of FOIA Requests – “Other” Reasons for “Full Denials Based on Reasons Other than Exemptions” from Section V, B (1) Chart
Component
Description of “Other”Reasons for Denials from Chart B (1)& Number of Times Those Reasons Were Reliedupon
TOTAL
AGENCY
N/A
B. (3) Disposition of FOIA Requests – Number of Times Exemptions Applied
Ex.1
Ex.2
Ex.3
Ex.4
Ex. 5
Ex. 6
Ex.7(A)
Ex.7(B)
Ex.7(C)
Ex.7(D)
Ex.7(E)
Ex.7(F)
Ex.8
Ex.9
AGENCY
0
3
0
33
6
6
0
0
0
0
0
0
0
0
VI.ADMINISTRATIVEAppeals of Initial DETERMINATIONS of FOIA Requests
A.Received, Processed, and Pending Administrative Appeals
Number ofAppeals Pending as of Start of Fiscal Year
Number ofAppeals Received in Fiscal Year
Number ofAppeals Processed in Fiscal Year
Number ofAppeals Pending as of End of Fiscal Year
0
2
2
0
B.Disposition of Administrative Appeals – All Processed Appeals
Number Affirmedon Appeal
NumberPartially Affirmed & Partially Reversed/Remanded on Appeal
NumberCompletely Reversed/Remanded on Appeal
Number ofAppeals Closed for Other Reasons
TOTAL
2
0
0
0
2
C. (1) Reasons for Denial on Appeal – Number of Times Exemptions Applied
Ex. 1
Ex.2
Ex. 3
Ex. 4
Ex. 5
Ex. 6
Ex. 7(A)
Ex. 7(B)
Ex. 7(C)
Ex. 7(D)
Ex. 7(E)
Ex. 7(F)
Ex.8
Ex.9
0
0
0
2
0
0
0
0
0
0
0
0
0
0
C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions
C. (2) Reasons for Denial on Appeal – Reasons Other than Exemptions
No Records
RecordsReferred at Initial Request Level
RequestWithdrawn
Fee-RelatedReason
Records not Reasonably Described
ImproperRequest for Other Reasons
Not AgencyRecord
DuplicateRequest or Appeal
Request in Litigation
Appeal Based Solely on Denial ofRequest for Expedited Processing
Other *Explainin chart below
0
0
0
0
0
0
0
0
0
0
0
C. (3) Reasons for Denial on Appeal – “Other” Reasons from Section VI, C (2) Chart
Description of“Other” Reasons for Denial on Appeal from Chart C (2) & Number of TimesThose Reasons Were Relied upon
TOTAL
0
C. (4) Response Time for Administrative Appeals
MedianNumber of Days
Average Number of Days
LowestNumberof Days
HighestNumber of Days
12
12
4
21
C. (5) Ten Oldest Pending Administrative Appeals
10th Oldest Appeal
9th
8th
7th
6th
5th
4th
3rd
2nd
Oldest Appeal
Dateof Receipt of Ten Oldest Appeals
Date N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Numberof Days Pending
VII.FOIA REQUESTS: RESPONSE TIME FOR PROCESSED and Pending Requests
A.Processed Requests – Response Time for All Processed Perfected Requests
Simple
Complex
Expedited processing
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
AGENCY
38
45
1
203
157
250
45
829
0
0
0
0
B. Processed Requests – Response Time for Perfected Requests in Which Information Was Granted
Simple
Complex
Expedited PROCESSING
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
Median Number of Days
Average Number of Days
Lowest Number of Days
Highest Number of Days
AGENCY
41
47
1
203
229
278
45
829
0
0
0
0
C.Processed Requests – Response Time in Day Increments
Simple Requests
1-20 Days
21-40 Days
41-60 Days
61-80 Days
81-100 Days
101-120 Days
121-140 Days
141-160 Days
161-180 Days
181-200 Days
201-300 Days
301-400 Days
401+ Days
TOTAL
AGENCY
15
24
20
9
2
2
0
0
0
1
1
0
0
74
Complex Requests
1-20 Days
21-40 Days
41-60 Days
61-80 Days
81-100 Days
101-120 Days
121-140 Days
141-160 Days
161-180 Days
181-200 Days
201-300 Days
301-400 Days
401+ Days
TOTAL
AGENCY
0
0
1
0
0
1
2
4
0
0
3
0
3
14
Requests Granted Expedited Processing
1-20Days
21-40 Days
41-60Days
61-80Days
81-100Days
101-120Days
121-140Days
141-160Days
161-180Days
181-200Days
201-300Days
301-400Days
401+Days
TOTAL
AGENCY
0
0
0
0
0
0
0
0
0
0
0
0
0
0
D.Pending Requests – All Pending Perfected Requests
Simple
Complex
ExpeditedPROCESSING
Number Pending
Median Number of Days
Average Number of Days
Number Pending
Median Number of Days
Average Number of Days
Number Pending
Median Number of Days
Average Number of Days
AGENCY
10
18
23
19
100
128
0
N/A
N/A
E. Pending Requests – Ten Oldest Pending Perfected Requests
Agency
10thOldest Request and Number of Days Pending
9th
8th
7th
6th
5th
4th
3rd
2nd
OldestRequest and Number of Days Pending
06/22/09 100
06/22/09 100
05/28/09 125
04/20/09 163
03/26/09 188
02/24/09 218
12/11/08 293
12/09/08 295
10/13/08 321
07/25/08 432
VIII.REQUESTS FOR EXPEDITED PROCESSING AND REQUESTS FOR FEE WAIVER
A.Requests for Expedited Processing
Number Granted
Number Denied
Median Number of Days to Adjudicate
Average Number of Days to Adjudicate
Number Adjudicated Within Ten Calendar Days
AGENCY
0
0
N/A
N/A
N/A
B. Requests for Fee Waiver
Number Granted
Number Denied
Median Numberof Days to Adjudicate
Average Numberof Days to Adjudicate
AGENCY
0
0
N/A
N/A
IX.FOIA PERSONNEL AND COSTS
PERSONNEL
Costs
Number of“Full-Time FOIA Employees”
Number of“Equivalent Full-Time FOIA Employees”
Total Number of“Full-Time FOIA Staff” (The sum of Columns 1 & 2)
ProcessingCosts (At initial request and appeal levels)