January 31, 2006 

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, 2004 through September 30, 2005. 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 2005 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 

 On one occasion OPIC asserted 41 U.S.C. 253b(m) to deny information from a proposal 

that was not incorporated into a contract, under FOIA subsection (b)(3) during the current fiscal 

year. Hornbostle v. United States Department of the Interior, 305 F.Supp. 2d 21 (D.D.C. 2003). 

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: 2 
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2. Number of requests received during current fiscal year: 76 

3. Number of requests processed during current fiscal year: 70 

4. Number of requests pending as of end of current fiscal year: 8 

B. Disposition of initial requests: 

1. Number of total grants: 30 

2. Number of partial grants: 17 

3. Number of denials: 0 

(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: 1 

(4) Exemption 4: 13 

(5) Exemption 5: 7 

(6) Exemption 6: 8 

(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): 23 
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a. no records: 17 

b. referrals: 0 

c. request withdrawn: 2 

d. fee-related reason: 0 

e. records not reasonably described: 4 

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: 1 

2. Number of appeals processed during fiscal year: 2 

B. Disposition of appeals. 

1. Number completely upheld: 0 

2. Number partially reversed: 1 

3. Number completely reversed: 1 

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: 1 
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(5) Exemption 5: 0 

(6) Exemption 6: 0 

(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.) 
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a. number of requests processed: 70 

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: 8 

2. Median number of days that such requests were pending as of that date: 45.5 

VIII. Comparison with Previous Year 

A. Requests received: FY2004: 86 FY2005: 76 Change: -12% 

B. Requests processed: FY2004: 84 FY2005: 70 Change: -16% 

C. Median number of days requests were 

pending at the end of the fiscal year: FY2004: 17.5 FY2005: 45.5 Change:160% 

D. Number of requests for expedited processing: 0 

In FY 2005 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): 1.5 work-years 

3. Total number of personnel (in work-years): 1.5 

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

1. FOIA processing including appeals: $175,000 

2. Litigation-related activities: $0 
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3. Total cost: $175,000 

4. Comparison with previous year: 

FY2004 $ 100,527.50 FY2003: $ 175,000 Change: 74% 

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.