FREEDOM OF INFORMATION ACT PROCEDURES AT CIA

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP88G01332R000901120010-8
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
9
Document Creation Date: 
December 27, 2016
Document Release Date: 
August 29, 2012
Sequence Number: 
10
Case Number: 
Publication Date: 
April 17, 1986
Content Type: 
LETTER
File: 
AttachmentSize
PDF icon CIA-RDP88G01332R000901120010-8.pdf327.24 KB
Body: 
' Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 r4 _ Mt1 AN$MflTAt, Sall! 23 ;APR 86 EXECUTIVE SECRETARIAT ROUTING SLIP see-me TION INFO DATE INITIAL Remarks To 6: Please have appropriate response prepared,, (Provide copy to ER,) five r i `rT?r96 2 Wp Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 1 DCI 2 DDCI 3 EXDIR X 4 D/ICS 5 DDI 6 DA X 7 DDO 8 DDS&T 9 Chm/NIC 10 GC ll IG 12 Compt 13 D/OLL 14 D/PAO 15 D/PERS 16 VC/NIC 17 C/IPD X 18 19 20 21 22 STAT Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 PORTER, WRIGHT, MORRIS & ARTHUR ATTORNEYS AT LAW STAT 113 3 15TH STREET, N.W., WASHINGTON, D.C. 20005 TELEPHONE: (202) 822-0840 TELECOPIER: (202) 822-9595 TELEX: (810) 482-1702 April 17, 1986 Director Central Intelligence Agency Washington, D.C. 20505 1676X 41 SOUTH HIGH STREET COLUMBUS, OHIO 43215 TELEPHONE: (614) 227-2000 TELECOPIER: (614) 227 2100 1650 ATRIUM ONE, 201 EAST FOURTH STREET CINCINNATI, OHIO 45202 TELEPHONE: (513) 381-4700 TELECOPIER: (513) 421 0991 925 EUCLID AVENUE SUITE 1500 HUNTINGTON BUILDING CLEVELAND, OHIO 44115 TELEPHONE: (216) 443-9000 TELECOPIER: (216) 443-9011 2100 FIRST NATIONAL BANK BUILDING P.O. BOX 1805 DAYTON, OHIO 45401 TELEPHONE: (513) 228-2411 TELECOPIER: (513) 228-0600 Subject: Freedom of Information Act Procedures at CIA I am sending copies of the attached correspondence to you, despite the many pressing items on your agenda, because I find the results so unacceptable that I think it deserves your attention. I initially filed a Freedom of Information request with the Agency on December 10, 1982. The inquiry related not to some matter of historical interest or of journalism, but to the whereabouts of two missing children of American citizens, who disappeared in Colombia. This kind of inquiry has some inherent urgency about it, even though, as we now assume, the persons in question are probably dead. Notwithstanding the above, it took the Agency until April 8, 1986 to finally dispose of this inquiry by finally releasing to us a cable of extremely marginal relevance and withholding two documents in their entirety without any indication of whether or not they contain any information which might be useful to the family. There must be a way to place certain inquiries on a priority list particularly when they deal with missing persons or situations of similar urgency. Finally, the form letter used by the FOIA Office for such situations reads like a bureaucratic joke. It states the basis on which the two documents are denied but provides no information which could conceivably serve as the basis for appeal. Nevertheless, the letter requires that the basis for appeal be explained. 'ADMITTED IN DISTRICT OF COLUMBIA. NEW JERSEY. NOT IN OHIO. Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88G01332R000901120010-8 As a former government attorney, I must say I paid less attention to Freedom of Information requests when I was within the government than perhaps I should have. The concerns expressed here are, I believe, serious and I hope that you will take steps to review the process and to determine whether there is not some basis on which we can learn something about the contents about the two documents which have been withheld. STAT Very tray yours, cc: Information and Privacy Coordinator PORTER, WRIGHT, MORRIS & ARTHUR STAT Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88G01332R000901120010-8 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 Central Intdligmcr Agency Porter, Wright, Morris & Arthur 1133 15th Street, NW Washington, DC 20005 O 8 APR 1986 STAT STAT STAT Ile During the course of its search for documents in response to your Freedom of Information Act (FOIA) request, on behalf of determined that one document, a cable dated 4 January 1983, may be released to you in a segregable form. Deletions were made on the basis of the (b) (3) exemption of the FOIA. A copy of the segregable portion of the document and explanation of the exemptions are enclosed under Tab A. located three documents originated by this Agency. They have been referred to us for review and direct response to you. After a careful examination of the material, it has been of 10 December 1982, the Department of State The remaining two documents, reports dated 29 April and 14 May 1982 are denied in their entirety on the basis of the (b)(1) and (b)(3) exemptions of the FOIA. The CIA officials responsible for these determinations are , Directorate of Operations, Information Review Officer andl Directorate of Science and Technology, Chief, Management Staff. Enclosed under Tab B is copy of our 29 December 1983 STAT letter to of your firm providing him with STAT the results A request (F82-0964) on behalf of 01r11 As indicated in our letter, an exception was made, the responsive substance was extracted from the two denied STAT reports, recast into two separate documents and copies furnished to You may appeal this decision by addressing your appeal to the CIA Information Review Committee, in my care. Should you decide to do this, please explain the basis of your appeal. STAT STAT Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 We apologize for the length of time it has taken to respond to your request. Sincerely, Information and Privacy Coordinator Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 STAT Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 29DEC 1983 STAT STAT STAT CTAT STAT Porter, i;rignt, iorris and Arthur 1133 15th Street, N*i riasaington, DC 20005 This is our final response to your Freedom of Information Act (FOIA) request of 10 December 1982 ch, on behalf of your clients, ou re u information Co -ruin of the Agency's Office of General Counsel aier a you earlier that the Agency's response to your client's FOIA request is being sent in an unusual form. This letter will confirm what you have been told and also transmit the information CIA has which is responsive to the FOIA request. The search for responsive documents resulted in the retrieval of two CIA records. They have been reviewed witn particular care. The documents in their original form are clearly exempt in their entirety pursuant to FOIA exemptions (b) (1) and (b) (3) . An explanation of the exemptions and the related statutes is enclosed at Tab A. They are exempt in entirety principally because of the form in which they appear. That form is incicental to the substance which your clients are interested in receiving. After several false starts it became apparent that it was impossible to treat the documents in such a mariner as to remove all exempt information without removing the responsive substance as well. Normally in such circun- stances the Agency would merely deny the documents in entirety. Recognizing the anxious concerns of your clients, th= Agency made an eac:eption. The responsive substance has been extractec:. from the documents and recast is two s-arate d9ments which are enclosed with this letter. There was no attempt to paraphrase the substance. The language was liftef almost verbatim from the original documents. We recognize an:' have earlier statco to you that our infor::,ation adds little, if anytr ing, to that availaole in the State Department documents tnat have already been released to you. I want to assure you, however, the Agency his made a conscientious effort to to as STAT Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88G01332R000901120010-8 fortncoming as possible. The determination to withhold the remaining portions of the documents was made by Information Review Officer for the Directorate o operations o CIA. I ar., informing you of your right to appeal the above decisions ty addressing your appeal to the CIA Information Review Committee, in my care. Should you decide to do this, please explain the basis of your appeal. we apologize for our long response time. Sincerely, /s/ Larry A..~# Larry R. Strawderman Information and Privacy Coordinator STAT Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88G01332R000901120010-8 STAT Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8 Next 1 Page(s) In Document Denied Iq Declassified in Part - Sanitized Copy Approved for Release 2012/08/29: CIA-RDP88GO1332R000901120010-8