LETTER TO ALEXANDER J. SEGAL FROM SCOTT KOCH; FINAL RESPONSE

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 0005474679
• Release Decision: RIFPUB
• Original Classification: U
• Document Page Count: 7
• Document Creation Date: June 23, 2015
• Document Release Date: December 17, 2009
• Case Number: F-2010-00250
• Publication Date: December 28, 2007

Referred to another gov't agency
Alexander J. Segal, Esquire
Grinberg & Segal
I11 Broadway, Suite 1306
New York, NY 10006
Dear Mr. Segal:
Central Intelligence Agency
DEC 2 8 2007
This is a final response concerning your I November 2007 Freedom of Information
Act (FOIA) request, received on 14 November 2007, for all records regarding
Aleksandr Zheleznyy.
In accordance with section 3.6(a) of Executive Order 12958, as amended, the CIA
can neither confirm nor deny the existence of records responsive to your request. The fact
of the existence or nonexistence of requested records is properly classified and is
intelligence sources and methods information that is protected from disclosure by section 6
of the CIA Act of 1949, as amended. Therefore, the Agency has denied your request .
pursuant to FOIA exemptions (b)(1) and (b)(3). I have enclosed an explanation of these
exemptions for your reference and retention.
CIA Information and Privacy Coordinator Scott Koch made this decision,
which you may appeal to the Agency Release Panel, in my care, within 45 days from
the date of this letter. You may include any additional information supporting your
position or explaining why you think our initial decision is wrong.
Sincerely,
Scott Koch
Information and Privacy Coordinator
Enclosure
APPROVED
FOR
RELEASE^
DATE:
09-Dec-2009
 Referred to another govt agency
Explanation of Exemptions
Freedom of Information Act:
(b)(1)
applies to material which is properly classified pursuant to an Executive order in the interest of
national defense or foreign policy;
(b)(2) applies to information which pertains solely to the internal personnel rules and practices of the
Agency;
applies to information pertaining to the CIA Director's statutory obligations to protect from
disclosure intelligence sources and methods, as well as the organization, functions, names,
official titles, salaries or numbers of personnel employed by the Agency, in accordance with the
National Security Act of 1947 and/or the CIA Act of 1949;
(b)(4) applies to information such as trade secrets and commercial or financial information obtained
from a person on a privileged or confidential basis;
(b)(5) applies to inter- and intra-agency memoranda or letters which are predecisional and
deliberative in nature, or consist of attorney work-product or attorney-client information;
(b)(6) applies to information, the release of which would constitute an unwarranted invasion of the
personal privacy of other individuals; and
(b)(7) applies to investigatory records, the release of which could: (A) interfere with enforcement
proceedings, (C) constitute an unwarranted invasion of the personal privacy of others,
(D) disclose the identity of a confidential source, (E) disclose investigative techniques and
procedures, or (F) endanger the life or physical safety of an individual.
Privacy Act:
(d)(5) applies to information compiled in reasonable anticipation of a civil action or proceeding;
(j)(1) applies to polygraph records; documents or segregable portions of documents, the release of
which would disclose intelligence sources and methods, including names of certain Agency
employees and organizational components; and documents or information provided by foreign
governments;
(k)(1) applies to material properly classified pursuant to an Executive order in the interest of national
defense or foreign policy;
(k)(2) applies to investigatory material compiled for law enforcement purposes;
(k)(5) applies to investigatory material compiled solely for the purpose of determining suitability,
eligibility, or qualifications for Federal civilian employment; or access to classified
information, the release of which would disclose a confidential source; and '
(k)(6) applies to testing or examination material used to determine individual qualifications for
appointment or promotion in Federal Government service, the release of which would
compromise the testing or examination process.
 Referred to, another gov't agency.
The law Offices of
G R I H B ERA
- & S professional Limited Liability Company
EGAL
I I I Broadway, Suite 1306 New York, New York 10006 212-202-0342 fax: [phone] [e-mail]
November 1, 2007
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
Re: Freedom of Information Act Request
Aleksandr Zheleznyy
To Whom It May Concern:
Our office represents Mr. Zheleznyy in his Removal Proceedings before the Immigration Court
in New York, NY. We are respectfully requesting that your organization produce.copies of any .
and all records regarding the above-referenced individual. These records are needed to determine
Mr. Zheleanyy's eligibility for relief from removal. Enclosed herein please find a written request
executed by Mr. Aleksandr Zheleznyy a/k/a "Cobalt" seeking the production of said records and
authorizing their release to our office.
If there are any fees for searching for, reviewing, or copying the records, please let our office
know before you prepare the request.
Thank your for your prompt attention to this matter. Should you have any questions, please do
not hesitate to contact our office.
 Referred to another gov't agency
Information and Privacy Coordinator
Central Intelligence Agency
Washington, D.C. 20505
October 31, 2007
Under the Freedom of Information Act, 5 U.S.C. subsection 552, 1 am requesting information or
records on Aleksandr Zhelenznyy a/k/a Cobalt. I am specifically seeking any information your
organization has regarding my service in the Ministry of the Interior in the former U.S.S.R. as
well as my service to the United States Government. I further request that the information be sent
to my attorney, Alexander J. Segal, at the contact information provided below.
If there are any fees for searching for, reviewing, or copying the records, please let me know
before you task my request.
If you deny all or any part of this request, please cite each specific exemption you think justifies
your refusal to release the information and notify me of appeal procedures available under the
law.
If you have any questions about handling this request, you may contact my attorney, Alexander
J. Segal, at The Law Offices of Grinberg & Segal, P.L.L.C., I II Broadway, Suite 1306, New
York, NY 10006. His phone number is 212-202-0342.
Sincerely,
Aleksandr Zheleznyy `\
213 Bennett Avenue, Apt-6C
New York, NY 10040
 Referred to another gov't agency
U.S. Postal service,.,.,
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Certified Fee
Retum Res'- of Fee
(Endorsemwittb utred)
Res MCled i)elivery Fee
(Endorsement Required)
7otet Postage & Fees
 Referred to another gov't agency
Alexander J. Segal, Esquire
Grinberg & Segal
I1 I Broadway, Suite 1306
New York, NY 10006
Dear Mr. Segal:
OEC28 2007
This is a final response concerning your 1 November 2007 Freedom of Information
Act (FOIA) request, received on 14 November 2007, for all records regarding
Aleksandr Zheleznyy.
In accordance with section 3.6(a) of Executive Order 12958, as amended, the CIA
can neither confirm nor deny the existence of records responsive to your request. The fact
of the existence or nonexistence of requested records is properly classified and is
intelligence sources and methods information that is protected from disclosure by section 6
of the CIA Act of 1949, as amended. Therefore, the Agency has denied your request
pursuant to FOIA exemptions (b)(1) and (b)(3). I have enclosed an explanation of these
exemptions for your reference and retention.
CIA Information and Privacy Coordinator. Scott Koch made this decision,
which you may appeal to the Agency Release Panel, in my care, within 45 days from
the date of this letter. You may include any additional information supporting your
position or explaining why you think our initial decision is wrong.
Sincerely,
Scott Koch
Information and Privacy Coordinator
Enclosure
 Referred to another gov't agency
Explanation of Exemptions
Freedom of Information Act:
(b)(l) applies to material which is properly classified pursuant to an Executive order in the interest of
national defense or foreign policy;
(b)(2) applies to information which pertains solely to the internal personnel rules and practices of the
Agency;
(b)(3) applies to information pertaining to the CIA Director's statutory obligations to protect from
disclosure intelligence sources and methods, as well as the organization, functions, names,
official titles, salaries or numbers of personnel employed by the Agency, in accordance with the
National Security Act of 1947 and/or the CIA Act of 1949;
(b)(4) applies to information such as trade secrets and commercial or financial information obtained
from a person on a privileged or confidential basis;
(b)(5) applies to inter- and intra-agency memoranda or letters which are predecisional and
deliberative in nature, or consist of attorney work-product or attorney-client information;
(b)(6) applies to information, the release of which would constitute an unwarranted invasion of the
personal privacy of other individuals; and
(b)(7) applies to investigatory records, the release of which could: (A) interfere with enforcement
proceedings, (C) constitute an unwarranted invasion of the personal privacy of others,
(D) disclose the identity of a confidential source, (E) disclose investigative techniques and
procedures, or (F) endanger the life or physical safety of an individual.
Privacy Act:
(d)(5) applies to information compiled in reasonable anticipation of a civil action or proceeding;
(j)(1) applies to polygraph records; documents or segregable portions of documents, the release of
which would disclose intelligence sources and methods, including names of certain Agency
employees and organizational components; and documents or information provided by foreign
governments;
(k)(l) applies to material properly classified pursuant to an Executive order in the interest of national
defense or foreign policy;
(k)(2) applies to investigatory material compiled for law enforcement purposes;
(k)(5) applies to investigatory material compiled solely for the purpose of determining suitability,
eligibility, or qualifications for Federal civilian employment, or access to classified
information, the release of which would disclose a confidential source; and
(k)(6) applies to testing or examination material used to determine individual qualifications for
appointment or promotion in Federal Government service, the release of which would
compromise the testing or examination process.