Fiscal Year 2017 Freedom of Information Act Annual Report

Overseas Private Investment Corporation (OPIC) 

I. BASIC INFORMATION REGARDING REPORT

1. For information concerning this report, you may contact:

Nichole Skoyles

Administrative Counsel

Overseas Private Investment Corporation 

1100 New York Avenue, N.W.

Washington, D.C. 20527

Phone: (202) 336-8400 Email: foia@opic.gov 

2. You may access this report on OPIC’s web site: www.opic.gov

3. You may obtain a paper copy of this report by contacting the official named above.

II. MAKING A FOIA REQUEST

1. FOIA requests are received by the Overseas Private Investment Corporation (OPIC) at its office 

located at the address stated above. A request may be made by, (1) mailing a written request to 

the official at the address stated above or (2) sending an email to foia@opic.gov.

2. OPIC makes every effort to respond to FOIA requests within the statutory 20-day timeframe. 

Many requests are answered within one or two days. However, responses to requests for 

project documents generally require more time. In addition, OPIC’s response may be delayed 

by a need to obtain clarification from a requester on the scope of the request. OPIC's records 

are made available to the public to the greatest extent possible, in keeping with the spirit of the 

FOIA. This includes providing reasonably segregable information from records that also contain 

information that may be withheld under the FOIA. However, the soundness and viability of 

many of OPIC’s programs depend in large measure upon the submission of full and reliable 

commercial, financial, technical and business information by applicants for OPIC assistance. 

Further, the willingness of those applicants to provide such information depends on OPIC's 

ability to hold it in confidence. Consequently, except as provided by law, information provided 

to OPIC in confidence will not be disclosed without the submitter's review. 

III. ACRONYMS, DEFINITIONS, AND EXEMPTIONS

1. 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 requestor. 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).

2. 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
3. Agency Component Abbreviations

Component Abbreviation Component Name
IV. EXEMPTION 3 STATUTES 

Statute Type of Information

Withheld Case Citation Agency / Component

Number of 

Times

Relied upon

by Agency / 

Component

Total Number 

of

Times Relied 

upon

by Agency 

Overall

41 U.S.C. § 253b(m)(1) 

(currently at 41 U.S.C. § 

4702)

Contractor proposals that are in the 

possession or control of an 

executive agency and that have not 

been set forth or incorporated by 

reference into contracts.

Sinkfield v. HUD, No. 10-885, 2012 

U.S. Dist. LEXIS 35233, at *13-15 

(S.D. Ohio Mar. 15, 2012); Margolin 

v. NASA, No. 09-CV-00421, 2011 

WL 1303221, at *6 (D. Nev. Mar. 

31, 2011); Hornbostel v. U.S. Dep't 

of the Interior, 305 F. Supp. 2d 21, 

30 (D.D.C. 2003), summary 

affirmance granted, No. 03-5257, 

2004 WL 1900562 (D.C. Cir. Aug. 

25, 2004).

OPIC 1

1
V.A. FOIA REQUESTS -- RECEIVED, PROCESSED AND PENDING FOIA REQUESTS

Agency / Component

Number 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

OPIC 9 56 59 6

0

AGENCY OVERALL 9 56 59 6
V.B.(1). DISPOSITION OF FOIA REQUESTS -- ALL PROCESSED REQUESTS

Agency / 

Component

Number 

of Full 

Grants

Number 

of Partial 

Grants / 

Partial 

Denials

Number of 

Full Denials 

Based on 

Exemptions

Number of Full Denials Based on Reasons Other than Exemptions

No 

Records

All Records 

Referred to 

Another 

Component 

or Agency

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

FOIA 

Request 

for Other 

Reason

Not 

Agency 

Record

Duplicate 

Request

Other 

*Explain 

in Chart 

Below

TOTAL

OPIC 11 28 1 14 0 5 0 0 0 0 0 0 59

0

AGENCY 

OVERALL 11 28 1 14 0 5 0 0 0 0 0 0 59
V.B.(2). DISPOSITION OF FOIA REQUESTS -- "OTHER" REASONS FOR "FULL DENIALS 

BASED ON REASONS OTHER THAN EXEMPTIONS"

Agency / 

Component Description of "Other" Reasons for Denials from Chart B(1)

Number of Times 

"Other" Reason 

Was Relied Upon

TOTAL

OPIC N/A 0

0

AGENCY 

OVERALL 0
V.B.(3). DISPOSITION OF FOIA REQUESTS -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component 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

OPIC 0 0 1 17 10 21 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 1 17 10 21 0 0 0 0 0 0 0 0
VI.A. ADMINISTRATIVE APPEALS OF INITIAL DETERMINATIONS OF FOIA REQUESTS --

RECEIVED, PROCESSED, AND PENDING ADMINISTRATIVE APPEALS

Agency / Component

Number 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

OPIC 0 1 1 0

0

AGENCY OVERALL 0 1 1 0
VI.B. DISPOSITION OF ADMINISTRATIVE APPEALS -- ALL PROCESSED APPEALS

Agency / Component Number Affirmed on 

Appeal

Number Partially 

Affirmed & Partially 

Reversed/Remanded on 

Appeal

Number Completely 

Reversed/Remanded on 

Appeal

Number of Appeals 

Closed for Other 

Reasons

TOTAL

OPIC 0 1 0 0 1

0

AGENCY OVERALL 0 1 0 0 1
VI.C.(1). REASONS FOR DENIAL ON APPEAL -- NUMBER OF TIMES EXEMPTIONS APPLIED

Agency / 

Component 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

OPIC 0 0 0 0 1 1 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 1 1 0 0 0 0 0 0 0 0
VI.C.(2). REASONS FOR DENIAL ON APPEAL -- REASONS OTHER THAN EXEMPTIONS

Agency / 

Component

No 

Records

Records 

Referred at 

Initial 

Request 

Level

Request 

Withdrawn

FeeRelated 

Reason

Records 

not 

Reasonably 

Described

Improper 

Request 

for Other 

Reasons

Not 

Agency 

Record

Duplicate 

Request or 

Appeal

Request in 

Litigation

Appeal 

Based 

Solely on 

Denial of 

Request 

for 

Expedited 

Processing

Other 

*Explain in 

chart 

below

OPIC 0 0 0 0 0 0 0 0 0 0 0

AGENCY 

OVERALL 0 0 0 0 0 0 0 0 0 0 0
VI.C.(3). REASONS FOR DENIAL ON APPEAL -- "OTHER" REASONS

Agency / 

Component Description of "Other" Reasons for Denial on Appeal from Chart C(2)

Number of Times

"Other" Reason 

Was Relied Upon

TOTAL

OPIC N/A 0

0

AGENCY 

OVERALL 0
VI.C.(4). RESPONSE TIME FOR ADMINISTRATIVE APPEALS

Agency / Component Median Number of Days Average Number of 

Days Lowest Number of Days Highest Number of Days

AGENCY OVERALL 19.00 19.00 19.00 19.00
VI.C.(5). TEN OLDEST PENDING ADMINISTRATIVE APPEALS

Agency / 

Component 

10th 

Oldest 

Appeal

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Appeal

Date of Appeal

Number of Days 

Pending

AGENCY 

OVERALL

Date of Appeal N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 

Pending 0 0 0 0 0 0 0 0 0 0
VII.A. FOIA REQUESTS -- RESPONSE TIME FOR ALL PROCESSED PERFECTED REQUESTS

Agency / 

Component

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 

OVERALL 6 12.5 <1 79 64 118.5 1 519 <1 <1 <1 <1
VII.B. PROCESSED REQUESTS -- RESPONSE TIME FOR PERFECTED REQUESTS IN WHICH INFORMATION WAS 

GRANTED

Agency / 

Component

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 

OVERALL 10.5 15.7 <1 79 146 201.3 30 519 N/A N/A N/A N/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 

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

OPIC 36 8 1 1 0 0 0 0 0 0 0 0 0 46

0

AGENCY 

OVERALL 36 8 1 1 0 0 0 0 0 0 0 0 0 46
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 

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

OPIC 5 1 0 0 1 1 0 1 0 1 0 1 1 12

0

AGENCY 

OVERALL 5 1 0 0 1 1 0 1 0 1 0 1 1 12
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 

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

OPIC 1 0 0 0 0 0 0 0 0 0 0 0 0 1

0

AGENCY 

OVERALL 1 0 0 0 0 0 0 0 0 0 0 0 0 1
VII.D. PENDING REQUESTS -- ALL PENDING PERFECTED REQUESTS

Agency / Component

SIMPLE COMPLEX EXPEDITED PROCESSING

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 OVERALL 1 88 88 3 333 328.7 0 N/A N/A
VII.E. PENDING REQUESTS -- TEN OLDEST PENDING PERFECTED REQUESTS

Agency / 

Component 

10th 

Oldest 

Request

9th 8th 7th 6th 5th 4th 3rd 2nd Oldest 

Request

Date of Receipt

Number of Days 

Pending

AGENCY 

OVERALL

Date of Receipt N/A N/A N/A N/A N/A N/A2017-05-262017-05-092016-06-062015-07-21

Number of Days 

Pending 0 0 0 0 0 0 88 101 333 552
VIII.A. REQUESTS FOR EXPEDITED PROCESSING

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

Number 

Adjudicated 

Within Ten 

Calendar Days

AGENCY 

OVERALL 1 0 1 1 1
VIII.B. REQUESTS FOR FEE WAIVER

Agency / 

Component Number Granted Number Denied

Median Number of 

Days to 

Adjudicate

Average Number 

of Days to 

Adjudicate

AGENCY 

OVERALL 0 0 N/A N/A
IX. FOIA PERSONNEL AND COSTS

Agency / 

Component

PERSONNEL COSTS

Number of "FullTime FOIA 

Employees"

Number of 

"Equivalent FullTime FOIA 

Employees"

Total Number of 

"Full-Time FOIA 

Staff"

Processing Costs Litigation-Related 

Costs Total Costs

OPIC 0 1.45 1.45 $152,771.50 $0.00 $152,771.50

0 $0.00

AGENCY 

OVERALL 0 1.45 1.45 $152,771.50 $0.00 $152,771.50
X. FEES COLLECTED FOR PROCESSING REQUESTS

Agency / Component Total Amount of Fees 

Collected

Percentage of Total 

Costs

OPIC $101.87 0.07%

AGENCY OVERALL $101.87 0.07%
XI.A. NUMBER OF TIMES SUBSECTION USED

Agency / Component Number of Times Subsection Used

OPIC 0

AGENCY OVERALL 0
XI.B. NUMBER OF SUBSECTION POSTINGS

Agency / Component

Number of Records 

Posted by the FOIA 

Office

Number of Records 

Posted by Program 

Offices

OPIC 0 2

AGENCY OVERALL 0 2
XII.A. BACKLOGS OF FOIA REQUESTS AND ADMINISTRATIVE APPEALS

Agency / Component

Number of Backlogged 

Requests as of End of 

Fiscal Year

Number of Backlogged 

Appeals as of End of 

Fiscal Year

OPIC 4 0

AGENCY OVERALL 4 0
XII.B. CONSULTATIONS ON FOIA REQUESTS -- RECEIVED, PROCESSED, AND 

PENDING CONSULTATIONS

Agency / Component

Number 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 Year

Number of 

Consultations Received 

from Other Agencies 

that were Pending at the 

Agency as of End

of the Fiscal Year

OPIC 0 3 3 0

0

AGENCY OVERALL 0 3 3 0
XII.C. CONSULTATIONS ON FOIA REQUESTS -- TEN OLDEST CONSULTATIONS RECEIVED FROM OTHER AGENCIES 

AND PENDING AT THE AGENCY

Agency / 

Component 10th Oldest Consultation 9th 8th 7th 6th 5th 4th 3rd 2nd Oldest Consultation

Date

Number of Days

AGENCY 

OVERALL

Date N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A

Number of Days 0 0 0 0 0 0 0 0 0 0
XII.D.(1). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT ANNUAL REPORT --

REQUESTS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF REQUESTS RECEIVED NUMBER OF REQUESTS PROCESSED

Number Received 

During Fiscal Year from 

Last Year's Annual 

Report

Number Received 

During Fiscal Year from 

Current Annual Report

Number Processed 

During Fiscal Year from 

Last Year's Annual 

Report

Number Processed 

During Fiscal Year from 

Current Annual Report

OPIC 52 56 52 59

AGENCY OVERALL 52 56 52 59
XII.D.(2). COMPARISON OF NUMBERS OF REQUESTS FROM PREVIOUS AND CURRENT 

ANNUAL REPORT -- BACKLOGGED REQUESTS

Agency / Component

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Requests as of End of the 

Fiscal Year from Current 

Annual Report

OPIC 8 4

AGENCY OVERALL 8 4
XII.E.(1). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM PREVIOUS AND CURRENT ANNUAL 

REPORT -- APPEALS RECEIVED AND PROCESSED

Agency / Component

NUMBER OF APPEALS RECEIVED NUMBER OF APPEALS PROCESSED

Number Received 

During Fiscal Year from 

Last Year's Annual 

Report

Number Received 

During Fiscal Year from 

Current Annual Report

Number Processed 

During Fiscal Year from 

Last Year's Annual 

Report

Number Processed 

During Fiscal Year from 

Current Annual Report

OPIC 4 1 4 1

AGENCY OVERALL 4 1 4 1
XII.E.(2). COMPARISON OF NUMBERS OF ADMINISTRATIVE APPEALS FROM 

PREVIOUS AND CURRENT ANNUAL REPORT -- BACKLOGGED APPEALS

Agency / Component

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Previous 

Annual Report

Number of Backlogged 

Appeals as of End of the 

Fiscal Year from Current 

Annual Report

OPIC 0 0

AGENCY OVERALL 0 0