Information in this FAQ is provided for ease of reference only. If the information in this FAQ is found to be 

inconsistent with FOIA law or DFC’s regulations, the FOIA law will prevail.

Frequently Asked Questions 

about DFC’s Freedom of 

Information Act Program

April 2023
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Contents

What is the “FOIA”?......................................................................................................................................2

What records are already publically available? ............................................................................................2

What other records can I request?...............................................................................................................3

Where do I send the request? ......................................................................................................................3

What information should I include in my request? ......................................................................................3

What are the requirements for requesting records on myself?...................................................................3

What are the requirements for seeking information about someone else?................................................4

What fees do I have to pay? .........................................................................................................................4

When will DFC waive fees? ...........................................................................................................................5

When can I expect a response to my request?.............................................................................................5

How will DFC respond to my request?..........................................................................................................6

What types of information can DFC withhold? ............................................................................................6

Can I appeal DFC’s response? .......................................................................................................................7

What will DFC do with my request and appeal letters and correspondence? .............................................7

I am submitting sensitive commercial information to DFC, how can I protect that information?...............7

Will DFC notify me if someone requests my commercial information?.......................................................8

Exhibit A: Sample FOIA Request....................................................................................................................9

What is the “FOIA”?

The Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, is a Federal law that provides for public access 

to non-public agency records. Any record that is in DFC’s possession and control is considered an agency 

record and is subject to the FOIA. The requested records will be provided in full, unless one or more of 

the nine FOIA exemptions applies. DFC implements the FOIA through its FOIA regulations, located at 22 

C.F.R. Part 706.

What records are already publically available?

The FOIA requires agencies to proactively post certain materials. A linked list of these documents is 

available through DFC’s FOIA page at www.dfc.gov/foia. In addition to these mandatory postings, DFC

also posts its Annual Reports, brief project descriptions, and other useful information on its website. 

Links to some of these are provided through the DFC FOIA page, however the website is frequently 

updated and requesters are urged to browse the website before filing a FOIA request.
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What other records can I request?

A FOIA request can be made for any agency record. You should be aware that the FOIA does not require 

agencies to do research for you, to analyze data, to answer questions, or to create records in response 

to a request.

Where do I send the request?

FOIA requests can be e-mailed to foia@dfc.gov or mailed to:

FOIA Director (LA)

US International Development Finance Corporation

1100 New York Avenue, NW 

Washington, DC 20527

What information should I include in my request?

There is no special form for a FOIA request; however certain information must be included. An example 

is provided in Exhibit A. The FOIA request:

• Must be in writing.

• Must include your name, address, and phone number.

• Must include a fee authorization or a request for waiver. A fee authorization may be for all fees 

or fees up to a cap, i.e. fees up to $50.00. If your request does not contain a fee authorization, 

DFC will consider your request an agreement to pay up to $25.00 in fees.

• Must reasonably describe the records you seek. In making your request you should be as 

specific as possible when describing the records you seek. The more specific you are about the 

records or the types of records you seek, i.e., including a document title, date (range), contract 

number, sponsor name, or other limiting information, the more likely it is that DFC will be able

to locate your records quickly.

• May state your intended use of the records for purposes of qualifying for a lower requester use 

fee category.

• May include the format you wish the records to be delivered in (electronic copies via e-mail, 

paper copies, etc.).

What are the requirements for requesting records on myself?

If you are seeking records on yourself, your request will be processed under both the FOIA and the 

Privacy Act. While the FOIA covers all agency records, the Privacy Act covers only records about an 

individual kept in a system of records retrievable by that individual’s name or other identifier. More 

information on DFC’s Privacy Act regulations can be found at 22 C.F.R. 707. 

When seeking records about yourself you must verify your identity. This verification is required in order 

to protect your privacy and to ensure that private information about you is not disclosed inappropriately 
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to someone else. You must provide either: 1) a notarized statement or 2) a statement signed under 28 

U.S.C. § 1746 stating that you are the person you say you are, along with a copy of a government issued 

ID. If you choose to certify the statement under 28 U.S.C. §1746, your statement should end “I declare 

under penalty of perjury under the laws of the United States of America that the forgoing is true and 

correct. Executed on [date]. [Your signature].” DFC may request further information from you if 

necessary to verify your identity. Failure to verify your identity will result in your request being treated 

as a third party request for your information.

What are the requirements for seeking information about someone else?

If you request records relating to another person and disclosure of the records could invade that 

person’s privacy, they ordinarily will not be disclosed to you without that person’s permission. If you 

have that person’s permission, you may submit either a notarized authorization signed by that 

individual, or a declaration by that individual made in compliance with the requirements set forth in 28 

U.S.C. § 1746 along with a copy of their government issued ID. If that person chooses to certify the 

statement under 28 U.S.C. §1746, their statement should end “I declare under penalty of perjury under 

the laws of the United States of America that the forgoing is true and correct. Executed on [date]. 

[Signature].”

What fees do I have to pay?

The types of fees are:

Search time, the time spent locating the records or locating information within a record.

Review time, the time spent determining if the records can be released or withheld under the 

FOIA exemptions, including notification of business submitters when their information has been 

requested.

Duplication, the time spent converting the records into a releasable, or the requested, format, 

including the costs of CDs or postage.

DFC charges fees based on the average hourly wage plus overhead costs of its staff.

Administrative staff time is charged at $7.50 per quarter hour. 

Professional staff time is charged at $13.75 per quarter hour

Photocopies are charged at $0.10/page, otherwise duplication is charged based on the staff 

time consumed providing the records in the requested format plus any postage or disk costs.

The fees paid by a requester are based on the requester’s use of the information. Requesters intending 

to use the information for a commercial purpose are charged all of the above. Requesters from the 

news media, intending to use the information for news dissemination, are charged only for reproduction 

after the first 100 photocopied pages or $10.00 of other media. Requesters who intend to use the 
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information for a non-commercial educational institution’s purpose or a non-commercial scientific 

institution’s purpose, not for their own individual use, are charged only for reproduction after the first 

100 photocopied pages or $10.00 of other media. All other requesters are charged for search after the 

first two hours and for reproduction after the first 100 photocopied pages or $10.00 of other media. If 

you believe you qualify for a lower requester use category such as news media or non-commercial 

educational or scientific use, please explain how your request qualifies in your letter.

When will DFC waive fees?

DFC will waive or reduce fees when it can determine, based on your submission, that disclosure of the 

requested information is likely to contribute significantly to public understanding of the operations or 

activities of the government and is not primarily in the commercial interests of the requester. Requests 

for reduced or waived fees should be included in your original request. If you wish to request reduced 

or waived fees, you must show all six of the following factors for each type of record you are requesting:

1. Operations or activities of the federal government. The subject of the request directly concerns 

identifiable operations or activities of the federal government.

2. Likely to contribute. The disclosable portions of the requested records will be meaningfully 

informative about government operations or activities. The disclosure of information that is 

already in the public domain, in either the same or substantially identical form, would not 

contribute to such understanding where nothing new would be added to the public’s 

understanding.

3. Public understanding. The disclosure will contribute to the understanding of a reasonably broad 

audience of persons interested in the subject, not just your individual understanding or the 

understanding of a narrow group of people. Your expertise in the subject area as well as your 

ability to effectively disseminate the information is considered in determining this factor.

4. Contribute significantly. The degree to which the public’s understanding of the subject will be 

increased must be significant. 

5. Commercial interest of the requester. What is your commercial interest?

6. The public interest as defined in items 1-4 is greater than your commercial interest as defined in 

item 5.

The best way to ensure fast and low cost processing of your request is to describe the records requested 

with as much detail as possible. This will enable DFC to locate the records more quickly and to avoid 

searching and reviewing information you do not wish to receive. The inability to pay is not a legal basis 

for granting a fee waiver.

When can I expect a response to my request?

DFC has two main tracks for FOIA processing, both of which generally process requests in the order that 

they are received. “Simple” requests can generally be completed within twenty working days, or thirty if 

third party notice and comment is required due to the nature of the information. “Complex” requests 

are those which the agency cannot complete within that time frame. Most often this is due to the size 
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of the request—generally either a large volume of records that must be processed or a large number of 

third parties must be provided notice and comment opportunities. In requests that constitute “unusual 

circumstances,” DFC may unilaterally extend its response time to thirty working days. If your request is 

estimated to take longer than thirty working days, DFC will inform you of its completion estimate and 

provide you an opportunity to either alter your request so that it may be completed within the normal 

processing time or to agree to a longer processing time. 

Processing on a third, “Expedited” track is offered for requests that involve either: 

1) Circumstances in which the lack of expedited processing could reasonably be expected to pose 

an imminent threat to the life or physical safety of an individual;

2) An urgency to inform the public about an actual or alleged Federal government activity, if made 

by a person who is primarily engaged in disseminating information;

If you wish to request expedited processing and your FOIA request meets one of the above 

requirements, you must submit a statement, certified to be true and correct, explaining the basis of your 

request. You will be notified within ten days of your request for expedited processing whether your 

request has been granted.

The best way to ensure fast and low cost processing of your request is to describe the records requested 

with as much detail as possible. This will enable DFC to locate the records more quickly and to avoid 

searching and reviewing information you do not wish to receive.

How will DFC respond to my request?

Generally DFC will respond to you once it has completed processing and any fee issues have been 

resolved. The response will provide a brief description of any material withheld under one of the nine 

FOIA exemptions and will include any documents disclosed to you. If pages of information have been 

withheld in full, DFC will estimate the number of pages or the volume of withholdings. If part of a 

record is withheld and part is released, the withheld portion is generally marked on the record itself. 

You will be provided with a brief explanation for any withholdings.

What types of information can DFC withhold?

The FOIA requires agencies to release requested information unless it falls into one of nine exemptions. 

All nine exemptions are described here, but DFC’s most frequently used exemptions are b(4), which 

protects trade secrets and commercial or financial information obtained from a person which is 

privileged or confidential; b(5), which includes legal privileges such as protection for agency 

deliberations and attorney-client communications; and b(6) which protects personal privacy.
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Can I appeal DFC’s response?

If you are not satisfied with DFC’s determinations on your information request, fee waiver request, or 

expedited processing request, you may file an administrative appeal to the Vice President and General 

Counsel. Such appeal must be written and addressed to:

Vice President and General Counsel

US International Development Finance Corporation

1100 New York Avenue, NW

Washington, DC 20527

Both the envelope and the letter must be labeled: “FREEDOM OF INFORMATION ACT APPEAL” and 

should include the FOIA number of your request. In the appeal, you should explain what specific action 

you are seeking and which determinations you are appealing.

The appeal will be determined by the Vice President/General Counsel, or his or her delegate. A 

determination on your appeal will be made within twenty working days of DFC’s receipt unless an

extension of up to ten working days is deemed necessary due to unusual circumstances. The 

determination letter will explain DFC’s reasons for upholding or reversing the denial. If the denial is 

reversed in whole or in part, any newly released records will be released to you promptly.

If you are not satisfied with the results of your administrative appeal, you may seek mediation through 

the Office of Government Information Services or relief through a FOIA lawsuit in federal court. 

Information on both options will be provided in the appeal determination should a denial be upheld.

What will DFC do with my request and appeal letters and 

correspondence?

DFC maintains all FOIA correspondence for two to six years in accordance with federal records 

regulations. These are agency records and subject to the FOIA themselves. In addition, DFC maintains a 

log of all FOIA requests, including the requester’s name, the requester’s company, what was asked for, 

what fees were charged, and what DFC’s determination was. DFC generally considers the information in 

its log to be public information unless the requester is asking for information about him or herself under 

the Privacy Act. Any other requests for exemption will be considered on a case-by-case basis.

I am submitting sensitive commercial information to DFC, how can I 

protect that information?

For purposes of the FOIA, 1) trade secrets and 2) commercial or financial information obtained from a 

person which is privileged or confidential are protected. When submitting this type of information to 

DFC, you may mark the information as “CONFIDENTIAL COMMERCIAL INFORMATION.” Such markings 

will be taken into consideration when DFC processes requests for the information, but will not be 

considered dispositive. These markings will expire five years after the project repayment/contract 

termination or ten years after submission, whichever is later, unless extended in writing. Please note 
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that regardless of whether your information is marked as confidential commercial information, DFC will 

notify you when someone requests your commercial information under the guidelines below.

Will DFC notify me if someone requests my commercial information?

If DFC receives a request for your commercial information and the information is either marked as 

confidential commercial information or DFC believes that it may contain trade secrets or commercial or 

financial information obtained from a person which is privileged or confidential, DFC will use reasonable

efforts to notify you. DFC need not notify you, however, if the information is already public, is required 

to be released by a law other than the FOIA, or if DFC has already determined that it is exempt under 

the FOIA and will be withheld.

The notification will contain a description of or a copy of the responsive records that contain your 

potentially exempt information and provide you a reasonable time to provide comments in objection to 

the release of the information. If making an objection under exemption b(4), described above, you must 

provide DFC with the following information:

1) A designation of what information you believe is exempt. Designating an entire document as 

exempt is not acceptable unless the entire document is, in fact, exempt. You may describe the 

exempt information or you may provide DFC with a marked copy of the records.

2) Why the information is exempt. A failure to specify why the information is exempt may result 

your objections being rejected.

All comments are reviewed on a case by case basis. Any comments or objections submitted during this 

process are subject to the same FOIA request and notice rules as the original information.
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Exhibit A: Sample FOIA Request

[March 3, 2014]

FOIA Director

US International Development Finance Corporation

1100 New York Avenue, NW

Washington, DC

RE: FOIA Request

Dear FOIA Director,

Under the Freedom of Information Act, 5 U.S.C. § 552, I request a copy of [the finance 

agreement between Johnny Appleseed Corporation and DFC for a $10 million direct loan to build an 

apple orchid in Fruitsylvania. A press release announcing this loan was issued by DFC on January 1, 

2020.]

I agree to pay fees for this request up to [$100.00]. Please notify me if you expect fees to 

exceed that amount. I would prefer to receive the files in [electronic format at jonorangeseed@...]

Thank you,

[Jon Orangeseed]

[Apples & Oranges Co.

123 Main Street

Anywhere, ST 12345]

[(555) 555-5555]