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2022 Annual FOIA Report data is available here.

The following Annual Freedom of Information Act (FOIA) Report of the Export-Import Bank of the United States (EXIM) covers the period of October 1, 2021 through September 30, 2022, as required by 5 U.S.C. 552.

  1. Basic Information Regarding Report
    1. Name, title, address, and telephone number of person(s) to be contacted with questions about the Report. 

      Lisa V. Terry, Chief FOIA Officer 
      Export-Import Bank of the United States 
      811 Vermont Avenue, N.W. 
      Washington, D.C. 20571 
      (202) 565-3195 
      Lisa.Terry@exim.gov 

      Lennell Jackson, FOIA Public Liaison 
      Export-Import Bank of the United States 
      811 Vermont Avenue, N.W. 
      Washington, D.C. 20571 
      (202) 565-3290 
      lennell.jackson@exim.gov
    2. Electronic link for access to the Report on the agency Website. 

      http://www.exim.gov/about/foia/annual-reports
    3. To receive a “hard copy” of this Report, contact either of the above named individuals.
  2. Making A FOIA Request
    1. All FOIA requests are received at the following address: 

      Export-Import Bank of the United States 
      811 Vermont Avenue, N.W. 
      Washington, D.C. 20571 
      (202) 565-3290 

      Guidance on making a FOIA request can be found at: 

      http://www.exim.gov/about/foia
    2. Brief description of why some requests are not granted: 

      EXIM most commonly withholds information pursuant to FOIA Exemptions (b)(4) and (b)(5). Exemption (b)(4) is mostly applied to information received as part of EXIM’s review of credit applications. The information is received from buyers, commercial financial institutions, suppliers, and other private sector entities and is sensitive and business confidential in nature. Exemption (b)(5) is generally applied to staff correspondence generated during the credit review process, and to pre-decisional memoranda prepared for EXIM’s Board of Directors containing staff analyses and recommendations.
    3. Electronic link to agency FOIA regulations: 

      Ex-Im Bank FOIA Regulations - eCFR (link is external)
  3. Acronyms, Definitions, and Exemptions 
     
    1. Include the following definitions of terms used in this Report: 
       
      1. Administrative Appeal- a request to federal agency asking that it review at a higher administrative level a FOIA determination made by the agency at the initial request level.
      2. Average Number- the number obtained by dividing the sum of a group of numbers by quantity of numbers in the group. For example, 3, 7, and 14, the average number is 8.
      3. Backlog- the number of request 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.
      4. 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 request. 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.
      5. Consultation- the procedure whereby the agency responding to a FOIA request first forwards a record to another agency or component within the same 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 or component within the same agency that forwarded it. That agency, in turn, will then respond to the FOIA requester.
      6. 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.
      7. FOIA Request- a FOIA request is generally a request to a federal agency for access to records concerning another person (i.e., “third party” request), or concerning and organization, or particular topic of interest. FOIA request also include request made by requesters seeking records concerning themselves (i.e., “first party” request) 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 request also include any first-party requests where an agency determines that it must search beyond its Privacy Act “system of records” or where 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.)
      8. Full Grant – any agency decision to disclose all records in full in response to a FOIA request.
      9. Full Denial – any 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.
      10. Median Number – the middle, not average, number. For example, of 3, 7, and 14, the median number is 7.
      11. 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. 
         
        1. Expedited Processing – any 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.
        2. 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.
        3. 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.
      12. Partial Granted/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.
      13. Pending Request or Pending Administrative Appeal – a request or administrative appeal for which an agency has not taken final action in all respects.
      14. 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.
      15. Processed Request or Processed Administrative Appeal – a request or administrative appeal for which an agency has taken final action in all respects.
      16. Range in Number of Days – the lowest and highest number of days to process request or administrative appeals.
      17. Time Limits – the time period in the statute for any agency to respond to a FOIA request (ordinarily twenty working days from receipt of a perfected FOIA request).
    2. Include the following concise description of the nine FOIA exemptions: 
       
      1. Exemption 1: classified national defense and foreign relations information
      2. Exemption 2: information that is related solely to the internal personnel rules and practices of an agency
      3. Exemption 3: information that is prohibited from disclosure by another federal law
      4. Exemption 4: trade secrets and other confidential business information
      5. Exemption 5: inter-agency or intra-agency communications that are protected by legal privileges
      6. Exemption 6: information involving matters of personal privacy
      7. 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
      8. Exemption 8: information relating to the supervision of financial institutions
      9. Exemption 9: geological information on wells
    3. Agency Component Abbreviations
Component AbbreviationComponent Name
HQHeadquarters
OIGOffice of Inspector General
  1. EXEMPTION 3 STATUTES
StatuteType of Information 
Withheld
Case CitationAgency / ComponentNumber of Times 
Relied upon 
by Agency / Component
Total Number of 
Times Relied upon 
by Agency Overall
5 U.S.C. app. 4 § 107(a)(2)Confidential financial disclosure report pertaining to certain government employeesMeyerhoff v. EPA, 958 F.2d 1498, 1500-02 (9th Cir. 1992); Boyd v. Exec. Off. for U.S. Att'ys, 161 F. Supp. 3d 1, 7 (D.D.C. 2015); Seife v. NIH, 874 F. Supp. 2d 248, 254 (S.D.N.Y. 2012).HQ11
10 U.S.C. § 3309(b) (formerly at 10 U.S.C. § 2305(g))Certain contractor proposalsRoman v. NSA, Nos. 09-2947, 09-4281, 09-3344, 09-2504, 09-5633, 2012 WL 569747, at *7 (E.D.N.Y. Feb. 22, 2012); Margolin v. NASA, No. 09-CV-00421-LRH-VPC, 2011 WL 1303221, at *6 (D. Nev. Mar. 31, 2011).HQ22

 

V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / ComponentNumber of Requests 
Pending as of Start 
of Fiscal Year
Number of 
Requests Received 
in Fiscal Year
Number of 
Requests Processed 
in Fiscal Year
Number of Requests 
Pending as of End 
of Fiscal Year
HQ23828322
OIG7272
AGENCY OVERALL30849024

 

V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / ComponentNumber of Full GrantsNumber of Partial Grants / Partial DenialsNumber of Full Denials Based on ExemptionsNumber of Full Denials Based on Reasons Other than Exemptions 
No RecordsAll Records Referred to Another Component or AgencyRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper FOIA Request for Other ReasonNot Agency RecordDuplicate RequestOther *Explain in Chart BelowTOTAL
HQ22311200207000083
OIG0600000100007
AGENCY OVERALL22371200208000090
 

 

V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / ComponentDescription of "Other" Reasons for Denials from Chart B(1)Number of Times "Other" Reason Was Relied UponTOTAL
HQN/A00
OIGN/A00
AGENCY OVERALL  0
 

 

V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / ComponentEx. 1Ex. 2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex. 8Ex. 9
HQ10314152220100000
OIG00010521504000
AGENCY OVERALL10315152741604000
 

 

VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

Agency / ComponentNumber of Appeals 
Pending as of Start 
of Fiscal Year
Number of 
Appeals Received 
in Fiscal Year
Number of 
Appeals Processed 
in Fiscal Year
Number of Appeals 
Pending as of End 
of Fiscal Year
HQ0422
OIG0000
AGENCY OVERALL0422
 

 

VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / ComponentNumber Affirmed on AppealNumber Partially Affirmed & Partially Reversed/Remanded on AppealNumber Completely Reversed/Remanded on AppealNumber of Appeals Closed for Other ReasonsTOTAL
HQ01102
OIG00000
AGENCY OVERALL01102
 

 

VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / ComponentEx. 1Ex. 2Ex. 3Ex. 4Ex. 5Ex. 6Ex. 7(A)Ex. 7(B)Ex. 7(C)Ex. 7(D)Ex. 7(E)Ex. 7(F)Ex. 8Ex. 9
HQ00011100000000
OIG00000000000000
AGENCY OVERALL00011100000000
 

 

VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / ComponentNo RecordsRecords Referred at Initial Request LevelRequest WithdrawnFee-Related ReasonRecords not Reasonably DescribedImproper Request for Other ReasonsNot Agency RecordDuplicate Request or AppealRequest in LitigationAppeal Based Solely on Denial of Request for Expedited ProcessingOther *Explain in chart below
HQ00000000000
OIG00000000000
AGENCY OVERALL00000000000
 

 

VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / ComponentDescription of "Other" Reasons for Denial on Appeal from Chart C(2)Number of Times "Other" Reason Was Relied UponTOTAL
HQN/A00
OIGN/A00
AGENCY OVERALL  0
 

 

VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / ComponentMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days
HQ26262626
OIGN/AN/AN/AN/A
AGENCY OVERALL26262626
 

 

VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / Component 10th Oldest Appeal9th8th7th6th5th4th3rd2ndOldest Appeal
HQDate of AppealN/AN/AN/AN/AN/AN/AN/AN/A2022-07-282022-07-28
Number of Days Pending000000004545
OIGDate of AppealN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A
Number of Days Pending0000000000
AGENCY OVERALLDate of AppealN/AN/AN/AN/AN/AN/AN/AN/A2022-07-282022-07-28
Number of Days Pending000000004545
 

 

VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / ComponentSIMPLECOMPLEXEXPEDITED PROCESSING
Median Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days
HQ1013.4<14657158.42<1895N/AN/AN/AN/A
OIG196273.814504525525525525N/AN/AN/AN/A
AGENCY OVERALL1040.52<150462169.21<1895N/AN/AN/AN/A
 

 

VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS GRANTED

Agency / ComponentSIMPLECOMPLEXEXPEDITED PROCESSING
Median Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of DaysMedian Number of DaysAverage Number of DaysLowest Number of DaysHighest Number of Days
HQ1014.35<146102185.4523895N/AN/AN/AN/A
OIG196273.814504525525525525N/AN/AN/AN/A
AGENCY OVERALL1150.39<1504106200.2223895N/AN/AN/AN/A
 

 

VII.C. PROCESSED SIMPLE REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / Component<1-20 
Days
21-40 
Days
41-60 
Days
61-80 
Days
81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ 
Days
TOTAL
HQ3382000000000043
OIG10000000110025
AGENCY OVERALL3482000001100248
 

 

VII.C. PROCESSED COMPLEX REQUESTS -- RESPONSE TIME IN DAY INCREMENTS

Agency / Component<1-20 
Days
21-40 
Days
41-60 
Days
61-80 
Days
81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ 
Days
TOTAL
HQ476213310010533
OIG00000000000011
AGENCY OVERALL476213310010634
 

 

VII.C. PROCESSED REQUESTS GRANTED EXPEDITED PROCESSING -- RESPONSE TIME IN DAY INCREMENTS

Agency / Component<1-20 
Days
21-40 
Days
41-60 
Days
61-80 
Days
81-100 Days101-120 Days121-140 Days141-160 Days161-180 Days181-200 Days201-300 Days301-400 Days401+ 
Days
TOTAL
HQ00000000000000
OIG00000000000000
AGENCY OVERALL00000000000000
 

 

VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / ComponentSIMPLECOMPLEXEXPEDITED PROCESSING
Number PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of DaysNumber PendingMedian Number of DaysAverage Number of Days
HQ866.5828236.53310N/AN/A
OIG0N/AN/A2746.57460N/AN/A
AGENCY OVERALL866.58210338.54140N/AN/A
 

 

VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / Component 10th Oldest Request9th8th7th6th5th4th3rd2ndOldest Request
HQDate of Receipt2022-05-172022-04-012022-03-292022-03-042022-02-252021-10-192021-06-232021-05-042020-03-242019-01-23
Number of Days Pending95127130147152240321356636929
OIGDate of ReceiptN/AN/AN/AN/AN/AN/AN/AN/A2020-05-072019-03-21
Number of Days Pending00000000604889
AGENCY OVERALLDate of Receipt2022-03-292022-03-042022-02-252021-10-192021-06-232021-05-042020-05-072020-03-242019-03-212019-01-23
Number of Days Pending130147152240321356604636889929
 

 

VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / ComponentNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to AdjudicateNumber Adjudicated Within Ten Calendar Days
HQ0445.53
OIG00000
AGENCY OVERALL0445.53
 

 

VIII.B. REQUESTS FOR FEE WAIVER

Agency / ComponentNumber GrantedNumber DeniedMedian Number of Days to AdjudicateAverage Number of Days to Adjudicate
HQ801.52.5
OIG0000
AGENCY OVERALL801.52.5

 

IX. FOIA PERSONNEL AND COSTS

Agency / ComponentPERSONNELCOSTS
Number of "Full-Time FOIA Employees"Number of "Equivalent Full-Time FOIA Employees"Total Number of "Full-Time FOIA Staff"Processing CostsLitigation-Related CostsTotal Costs
HQ50.105.10663909.650.00663909.65
OIG00.350.3555434.050.0055434.05
AGENCY OVERALL50.455.45719343.700.00719343.70

 

X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / ComponentTotal Amount of Fees CollectedPercentage of Total Costs
HQ520.000.0800
OIG0.000.00
AGENCY OVERALL520.000.0700

 

XI.A. NUMBER OF TIMES SUBSECTION (C) USED

Agency / ComponentNumber of Times Subsection Used
HQ0
OIG0
AGENCY OVERALL0

 

XI.B. NUMBER OF SUBSECTION (A)(2) POSTINGS

Agency / ComponentNumber of Records Posted by the FOIA OfficeNumber of Records Posted by Program Offices
HQ72620
OIG130
AGENCY OVERALL73920

 

XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Agency / ComponentNumber of Backlogged Requests as of End of Fiscal YearNumber of Backlogged Appeals as of End of Fiscal Year
HQ122
OIG20
AGENCY OVERALL142

 

XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND PENDING CONSULTATIONS

Agency / ComponentNumber of Consultations Received from Other Agencies that were Pending at the Agency as of Start 
of the Fiscal Year
Number of 
Consultations Received from Other Agencies During the Fiscal Year
Number of Consultations Received from Other Agencies that were Processed by the Agency During the Fiscal YearNumber of Consultations Received from Other Agencies that were Pending at the Agency as of End 
of the Fiscal Year
HQ0761
OIG0000
AGENCY OVERALL0761

 

XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES AND PENDING AT THE AGENCY

Agency / Component 10th Oldest Consultation9th8th7th6th5th4th3rd2ndOldest Consultation
HQDateN/AN/AN/AN/AN/AN/AN/AN/AN/A2022-07-14
Number of Days00000000055
OIGDateN/AN/AN/AN/AN/AN/AN/AN/AN/AN/A
Number of Days0000000000
AGENCY OVERALLDateN/AN/AN/AN/AN/AN/AN/AN/AN/A2022-07-14
Number of Days00000000055

 

XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- REQUESTS RECEIVED AND PROCESSED

Agency / ComponentNUMBER OF REQUESTS RECEIVEDNUMBER OF REQUESTS PROCESSED
Number Received During Fiscal Year from Last Year's Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year's Annual ReportNumber Processed During Fiscal Year from Current Annual Report
HQ63825483
OIG1217
AGENCY OVERALL64845590

 

XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED REQUESTS

Agency / ComponentNumber of Backlogged Requests as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Requests as of End of the Fiscal Year from Current Annual Report
HQ1812
OIG72
AGENCY OVERALL2514

 

XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- APPEALS RECEIVED AND PROCESSED

Agency / ComponentNUMBER OF APPEALS RECEIVEDNUMBER OF APPEALS PROCESSED
Number Received During Fiscal Year from Last Year's Annual ReportNumber Received During Fiscal Year from Current Annual ReportNumber Processed During Fiscal Year from Last Year's Annual ReportNumber Processed During Fiscal Year from Current Annual Report
HQ2422
OIG0000
AGENCY OVERALL2422

 

XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

Agency / ComponentNumber of Backlogged Appeals as of End of the Fiscal Year from Previous Annual ReportNumber of Backlogged Appeals as of End of the Fiscal Year from Current Annual Report
HQ02
OIG00
AGENCY OVERALL02