January 31, 2007 

Ms. Pam Maida 

Office of Information and Privacy 

U.S. Department of Justice 

Flag Building – Suite 570 

Washington, D.C. 20530 

Dear Ms. Maida: 

In compliance with subsection (e) of the Freedom of Information Act, 5 U.S.C. § 552, as 

amended, I enclose the Overseas Private Investment Corporation’s (“OPIC”) Fiscal Year 

2005 Annual Report covering OPIC’s Freedom of Information Act activities from 

October 1, 2005 through September 30, 2006. A copy of this report is also accessible 

from OPIC’s website, at http://www.opic.gov. 

Sincerely, 

Eli Landy, Esq. 

FOIA Director 

Enclosure 
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Fiscal Year 2006 Freedom of Information Act Annual Report 

Overseas Private Investment Corporation

I. Basic Information Regarding the Report 

A. For information concerning this report you may contact Eli H. Landy, FOIA Director, 

by telephone, at (202) 336-8418. You may e-mail this official at eland@opic.gov. 

Or, you may write to this official at the following address: 

Overseas Private Investment Corporation 

1100 New York Avenue, N.W. 

Washington, D.C. 20527. 

B. You may access this report from OPIC’s website, at www.opic.gov. 

C. You may obtain a copy of this annual report in paper form by contacting the official 

identified above. 

II. How to Make a FOIA Request 

A. You may mail your FOIA request to the FOIA office at the address identified above. 

Alternatively, you may fax your request to (202) 408-0297. If you submit your 

request by facsimile, do not mail a follow-up letter. A more complete guide to 

making FOIA requests is located on OPIC’s website at www.opic.gov. 

B. 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. 

C. OPIC's policy is to make its records available to the public to the greatest extent 

possible, in keeping with the spirit of the FOIA. This policy includes providing 

reasonably segregable information from records that also contain information that 

may be withheld under the FOIA. However, implementation of this policy also 

reflects OPIC's view that the soundness and viability of many of its 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 consent. 
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III. Definitions of Terms and Acronyms Used in the Report 

A. Agency-specific acronyms or other terms. 

1. OPIC – the Overseas Private Investment Corporation. 

B. Basic terms, expressed in common terminology. 

1. FOIA/PA request – Freedom of Information Act/Privacy Act request. A 

FOIA request is generally a request for access to records concerning a third 

party, an organization, or a particular topic of interest. A Privacy Act request 

is a request for records concerning oneself; such requests are also treated as 

FOIA requests. (All requests for access to records, regardless of which law is 

cited by the requester, are included in this report). 

2. Initial Request – a request to a federal agency for access to records under the 

FOIA. 

3. Appeal – a request to a federal agency asking that it review at a higher 

administrative level a full denial or a partial denial of access to records under 

the FOIA, or any other FOIA determination such as a matter pertaining to 

fees. 

4. Processed Request or Appeal – a request or appeal for which an agency has 

taken a final action on the request or appeal in all respects. 

5. 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 in each track are processed on a first-in/first-out basis. A requester 

who has an urgent need for records may request expedited processing (see 

below). 

6. Expedited processing – an agency will process a FOIA request on an 

expedited basis when a requester has shown an exceptional need or urgency 

for the records which warrants prioritization of his or her request over other 

requests that were made earlier. 

7. Simple request – a FOIA request that an agency using multi-track processing 

places in its fastest (nonexpedited) track based on the volume and/or 

simplicity of records requested. 

8. Complex request – a FOIA request that an agency using multi-track 

processing places in a slower track based on the volume and/or complexity of 

records requested. 
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9. Grant – an agency decision to disclose all records in full in response to a 

FOIA request. 

10. Partial grant – an agency decision to disclose a record in part in response to a 

FOIA request, deleting information determined to be exempt under one or 

more of the FOIA’s exemptions; or a decision to disclose some records in 

their entirety, but to withhold others in whole or in part. 

11. Denial – an agency decision not to release any part of a record or records in 

response to a FOIA request because all the information in the requested 

records is determined by the agency to be exempt under one or more of the 

FOIA’s exemptions, or for some procedural reason (i.e., no record is located 

in response to a FOIA request). 

12. Time limits – the time period in the FOIA for an agency to respond to a FOIA 

request (ordinarily 20 working days from proper receipt of a “perfected” 

FOIA request). 

13. “Perfected” request – a FOIA request for records that adequately describes the 

records sought, which has been received by the FOIA office of the agency or 

agency component in possession of the records, and for which there is no 

remaining question about the payment of applicable fees. 

14. Exemption 3 statute – a separate federal statute prohibiting the disclosure of a 

certain type of information and authorizing its withholding under FOIA 

subsection (b)(3). 

15. Median number – the middle, not average, number. For example, of 3, 7, and 

14, the median number is 7. 

16. Average number – the number obtained by dividing the sum of a group of 

numbers by the quantity of number in the group. For example, of 3, 7, and 14, 

the average number is 8. 

IV. Exemption 3 Statutes 

 OPIC did not cite any Exemption 3 statutes in FY2006. 

V. Initial FOIA/PA Access Requests 

A. Numbers of initial requests. 

1. Number of requests pending as of the end of the preceding fiscal year: 8 

2. Number of requests received during current fiscal year: 51 
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3. Number of requests processed during current fiscal year: 54 

4. Number of requests pending as of end of current fiscal year: 5 

B. Disposition of initial requests: 

1. Number of total grants: 31 

2. Number of partial grants: 9 

3. Number of denials: 2 

(a) number of times each FOIA exemption used (counting each exemption 

once per request) 

(1) Exemption 1: 0 

(2) Exemption 2: 0 

(3) Exemption 3: 0 

(4) Exemption 4: 9 

(5) Exemption 5: 8 

(6) Exemption 6: 7 

(7) Exemption 7(A): 0 

(8) Exemption 7(B): 0 

(9) Exemption 7(C): 0 

(10) Exemption 7(D): 0 

(11) Exemption 7(E): 0 

(12) Exemption 7(F): 0 

(13) Exemption 8: 0 

(14) Exemption 9: 0 

4. Other reasons for nondisclosure (total): 12 

a. no records: 10 
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b. referrals: 0 

c. request withdrawn: 2 

d. fee-related reason: 0 

e. records not reasonably described: 0 

f. not a proper FOIA request for some other reason: 0 

g. not an agency record: 0 

h. duplicate request: 0 

i. other (specify): 0 

VI. Appeals of Initial Denials of FOIA/PA Requests 

A. Numbers of appeals. 

1. Number of appeals received during fiscal year: 3 

2. Number of appeals processed during fiscal year: 3 

B. Disposition of appeals. 

1. Number completely upheld: 1 

2. Number partially reversed: 2 

3. Number completely reversed: 0 

a. number of times each FOIA exemption used (counting each exemption once 

per appeal) 

(1) Exemption 1: 0 

(2) Exemption 2: 0 

(3) Exemption 3: 0 

(4) Exemption 4: 3 

(5) Exemption 5: 3 
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(6) Exemption 6: 1 

(7) Exemption 7(A): 0 

(8) Exemption 7(B): 0 

(9) Exemption 7(C): 0 

(10) Exemption 7(D): 0 

(11) Exemption 7(E): 0 

(12) Exemption 7(F): 0 

(13) Exemption 8: 0 

(14) Exemption 9: 0 

4. Other reasons for nondisclosure (total): 0 

a. no records: 0 

b. referrals: 0 

c. request withdrawn: 0 

d. fee-related reason: 0 

e. records not reasonably described: 0 

f. not a proper FOIA request for some other reason: 0 

g. not an agency record: 0 

h. duplicate request: 0 

i. other (specify): 0 

VII. Compliance with Time Limits/Status of Pending Requests 

A. Median processing time for requests processed during the year 

1. All Requests (OPIC does not use multi-track processing.) 

a. number of requests processed: 54 
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b. average number of days to process: 13 

 2. N/A 

 3. Requests accorded expedited processing: 0 

 

B. Status of pending requests. 

1. Number of requests pending as of end of current fiscal year: 5 

2. Median number of days that such requests were pending as of that date: 56 

VIII. Comparison with Previous Year 

A. Requests received: FY2005: 76 FY2006: 51 Change: -32% 

B. Requests processed: FY2005: 70 FY2006: 54 Change: -23% 

C. Median number of days requests were 

pending at the end of the fiscal year: FY2005: 45.5 FY2006: 56 Change:21% 

D. Number of requests for expedited processing: 0 

In FY 2006 OPIC received several requests for voluminous and sensitive materials 

that required significantly more review than OPIC typically receives, thus accounting 

for the increase in processing time. 

IX. Costs/FOIA Staffing. 

 A. Staffing levels 

1. Number of full-time FOIA personnel: 0 

2. Number of personnel with part-time or occasional FOIA duties (in total workyears): 1.2 work-years 

3. Total number of personnel (in work-years): 1.2 

B. Total costs (including staff and all resources). 

1. FOIA processing including appeals: $92,037 

2. Litigation-related activities: $0 

3. Total cost: $92,037 
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4. Comparison with previous year: 

FY2005 $ 175,000 FY2006: $ 92,037 Change: -47% 

X. Fees 

A. Total amount collected by OPIC: $0 

B. Percentage of total costs: 0 

XI. FOIA Regulations 

OPIC’s FOIA regulations, located at 22 C.F.R. Part 706, are accessible on OPIC’s website 

address, http://www.opic.gov. OPIC’s regulations were revised to incorporate the Electronic 

Freedom of Information Act Amendments of 1996 and to reflect current OPIC procedures with 

respect to FOIA processing. The new regulations became effective November 15, 2000. 

XII. Report on OPIC’s Implementation of Executive Order 13,392 

On December 14, 2005, the President issued Executive Order 13,392, entitled "Improving 

Agency Disclosure of Information," which established a "citizen-centered" and "results-oriented" 

approach to administration of the Freedom of Information Act. The Executive Order required 

each agency to conduct a review of its FOIA operations, to develop an agency-specific plan to 

improve its administration of the Act, and to include in its annual FOIA report a description of its 

progress in meeting the milestones and goals established in its improvement plan. 

This section of the annual FOIA report contains the Overseas Private Investment Corporation's 

description of its progress in implementing the milestones and goals of its FOIA Improvement 

Plan, including highlights of its achievements. The reporting period for Section XII is different 

from that used for the rest of this report, which is based on data compiled for Fiscal Year 2006. 

The reporting period for this section concerning Executive Order implementation activities 

includes progress made through January 2007. 

 

A. Description of supplementation/modification of agency improvement plan (if applicable) 

Not applicable 

B. Report on agency implementation of its plan, including its performance in meeting 

milestones, with respect to each improvement area 

OPIC has met all of the goals and milestones established in the report it submitted on June 14, 

2006, in response to Executive Order 13,392, that were to be completed for this reporting period, 
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with the exception of the milestone of reducing average response timeframe for voluminous 

requests to thirty business days. Even so, OPIC reduced its response timeframe to such requests 

by 11%, and reduced its FOIA backlog by 38%. 

In particular, OPIC accomplished a series of improvements in the processing of requests. OPIC 

met its search time goal and improved its search process by: 1) searching OPIC’s electronic 

databases to determine if OPIC issued commitments to projects mentioned in voluminous 

requests (and, if so, determining which operational departments were most likely to have 

responsive records), and 2) imaging incoming FOIA requests and transmitting them 

electronically to the offices possessing responsive records. 

OPIC reduced internal review cycle time and overall response time by involving additional staff 

in the review process and transmitting responses electronically to FOIA requesters when 

practicable (consequently reducing the agency’s processing costs). In the area of customer 

service, OPIC implemented its plan to acknowledge each voluminous request within one week 

and to provide regular status updates. 

. 

C. Identification and discussion of any deficiency in meeting plan milestones (if applicable) 

OPIC did not meet the milestone of an average thirty business day response timeframe for 

voluminous requests, but did reduce the response cycle time for such requests by 11%. OPIC 

has reduced its internal processing timeframe for these requests, and will continue to evaluate 

methods to further reduce the time it takes OPIC to search, retrieve and internally review records 

responsive to voluminous requests. 

However, notwithstanding these efforts, the response time frame for voluminous requests 

depends in large measure on outside parties. In accordance with Executive Order 12,600, OPIC 

must provide business submitters an opportunity to review the responsive records and comment 

on their disclosure. In light of the nature of OPIC’s program activities, the sensitivity of the 

documents at issue, and availability of sponsor personnel (OPIC programs support project 

finance overseas, and often the project sponsor’s key personnel are unavailable to review and 

comment on disclosure of information the sponsor provided to OPIC due to frequent travel 

overseas), OPIC was unable – and may remain unable – to require the sponsor to review and 

comment on the documents at issue within a ten business day time frame. Moreover, in light of 

the sensitivity of the business information at issue, OPIC believes that disclosing information to 

a requester upon the lapse of the ten day timeframe simply because OPIC did not receive the 

sponsor’s response may constitute arbitrary and capricious action, and may subject OPIC 

employees to Trade Secrets Act consequences. OPIC will explore other means of obtaining the 

sponsors’ responses in a more timely manner. 

D. Additional Narrative (Optional) 

N.A. 
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E. FOIA Exemptions Cited 

In FY06, OPIC withheld documents or portions thereof in accordance with FOIA Exemptions 4, 

5 and 6. Exemption 4 protects from disclosure confidential commercial or financial information 

that OPIC obtained from a private party. Exemption 5 protects intra-agency or interagency 

communications that are antecedent to an agency decision and deliberative in nature. Exemption 

6 protects information the disclosure of which would cause a clearly unwarranted invasion of 

personal privacy. 

F. Additional Statistics: 

1. Time range of requests pending, by date of request (or, where applicable, by date of referral 

from another agency), as of January 31, 2007. 

August 21, 2006 to January 30, 2007 

2. Time range of consultations pending with other agencies at this time. 

N.A. 

G. Attachment: Agency improvement plan