Judicial 

Watcfi 

Because no one 

is above the law! 

August 22, 2012 

VIA CERTIFIED MAIL & FACSIMILE 

Marshall Fields 

Assistant Director 

Information Disclosure Division 

Office of Resource Management 

Offi.ce of Foreign Assets Control 

. Disclosure Services (DO) Room 6204 Annex 

Washington, DC 20220 

Re: Freedom of Information Act Request 

Dear Mr. Fields: 

Pursuant to the Freedom oflnfom1ation Act (FOIA), 5 U.S.C. § 552, Judicial 

Watch, Inc. hereby requests that the Office ofF oreign Assets Control produce the 

following within twenty (20) business days: 

Any and all records of applications for licenses, both approved and rejected, to 

do business with North Korea and/or Iran. 

The time frame for this request runs from January 20, 2009 to August 22, 2012. 

We call your attention to President Obama's January 21, 2009 Memorandum 

concerning the Freedom oflnformation Act, in which he states: 

All agencies should adopt a presumption in favor of 

disclosure, in order to renew their commitment to the 

principles embodied in FOIA. .. The presumption of 

disclosure should be applied to all decisions involving 

FOIA. 1 

The memo further provides that "The Freedom of Information Act should be 

administered with a clear presumption: In the case of doubt, openness prevails." 

Nevertheless, if any responsive record or portion thereof is claimed to be exempt 

from production under FOIA, please provide sufficient identifying information with 

1 Freedom oflnfonmtion Act. Pres. Mem. of January 21 , 2009, 74 Fed. Reg. 4683. 

425 Third St., SW, Suite 800, Washington, DC 20024 •Tel: (202) 646-5172 or 1-888-593-8442 

FAX: (202) 646-5199 • Email: info@JudicialWatch.org • www J~di ialWatch org 
OFAC 

August 22, 2012 

Page 2 of 4 

respect to each allegedly exempt record or portion thereof to allow us to assess the 

propriety ofthe claimed exemption. Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), 

cert. denied, 415 U.S. 977 (1974). In addition, any reasonably segregable portion of a 

responsive record must be provided, after redaction of any allegedly exempt material. 5 

U.S.C. § 552(b). . 

For purposes ofthis request, the term "record" shall mean: (1) any written, 

printed, or typed material of any kind, including without limitation all correspondence, 

memoranda, notes, messages, letters, cards, facsimiles, papers, fmms, telephone 

messages, diaries, schedules, calendars, chronological data, minutes, books, reports, 

charts, lists, ledgers, invoices, worksheets, receipts, returns, computer printouts, printed 

matter, prospectuses, statements, checks, statistics, surveys, affidavits, contracts, 

agreements, transcripts, magazine or newspaper articles, or press releases; (2) any 

electronically, magnetically, or mechanically stored material of any kind, including 

without limitation all electronic mail or e-mail; (3) any audio, aural, visual, or video 

records, recordings, or representations of any kind; ( 4) any graphic materials and data 

compilations from which information can be obtained; and (5) any materials using other 

means of preserving thought or expression. 

Judicial Watch also hereby requests a waiver of both search and duplication fees 

pursuant to 5 U.S.C. §§ 552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch is entitled 

to a waiver of search fees under 5 U.S.C. § 552(a)( 4)(A)(ii)(II) because it is a member of 

the news media. Cf National Security Archive v. Department of Defense, 880 F .2d 13 81, 

1387 (D.C. Cir. 1989)(defining news media within FOIA context). Judicial Watch has 

also been recognized as a member of the news media in other FOIA litigation. See, e.g., 

Judicial Watch, Inc. v. US. Department of Justice, 133 F. Supp.2d 52 (D.D.C. 2000); 

and, Judicial Watch, Inc. v. Department of Defense, 2006 U.S. Dist. LEXIS 44003, * 1 

(D.D.C. June 28, 2006). Judicial Watch regularly obtains information about the 

operations and activities of government through FOIA and other means, uses its editorial 

skills to turn this information into distinct works, and publishes and disseminates these 

works to the public. It intends to do likewise with the records it receives in response to 

this request. 

Judicial Watch also is entitled to a complete waiver of both search fees and 

duplication fees pursuant to 5 U.S.C. § 552(a)(4)(A)(iii). Under this provision, records: 

shall be furnished without any charge or at a charge 

reduced below the fees established under clause (ii) if 

disclosure of the information is in the public interest 

because it is likely to contribute significantly to public 

understanding of the operations or activities of government 

and is not primarily in the commercial interest of the 

requester. 
OFAC 

August 22, 2012 

Page 3 of 4 

5 U.S.C. § 552(a)(4)(A)(iii). 

In addition, if records are not produced within twenty (20) business days, Judicial 

Watch is entitled to a complete waiver of search and duplication fees under Section 6(b) 

ofthe OPEN Government Act of2007, which amended FOIA at 5 U.S.C. § 

(a)( 4 )(A)(viii). 

Judicial Watch is a 50l(c)(3), not-for-profit, educational organization, and, by 

definition, it has no commercial purpose. Judicial Watch exists to educate the public 

about the operations and activities of government, as well as to increase public 

understanding about the importance of ethics and the rule of law in government. The 

particular records requested herein are sought as part of Judicial Watch's ongoing efforts 

to document the operations and activities of the federal government and to educate the 

public about these operations and activities. Once Judicial Watch obtains the requested 

records, it intends to analyze them and disseminate the results of its analysis, as well as 

the records themselves, as a special written report. Judicial Watch will also educate the 

public via radio programs, Judicial Watch's website, and/or newsletter, among other 

outlets. It also will make the records available to other members of the media or 

researchers upon request. Judicial Watch has a proven ability to disseminate information 

obtained through FOIA to the public, as demonstrated by its long-standing and 

continuing public outreach efforts. 

Given these circumstances, Judicial Watch is entitled to a public interest fee 

waiver of both search costs and duplication costs. Nonetheless, in the event our request 

for a waiver of search and/or duplication costs is denied, Judicial Watch is willing to pay 

up to $350.00 in search and/or duplication costs. Judicial Watch requests that it be 

contacted before any such costs are incurred, in order to prioritize search and duplication 

efforts. 

In an effort to facilitate record production within the statutory time limit, Judicial 

Watch is willing to accept documents in electronic format (e.g. e-mail, .pdfs). When 

necessary, Judicial Watch will also accept the "rolling production" of documents. 
OFAC 

August 22, 2012 

Page 4 of 4 

If you do not understand this request or any portion thereof, or if you feel you 

require clarification of this request or any portion thereof, please contact us immediately 

at 202-646-5172 or jmccarthy@judicialwatch.org. We look forward to receiving the 

requested documents and a waiver of both search and duplication costs within twenty 

(20) business days. Thank you for your cooperation. 

Sincerely,