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United States Department of State

Washington, DC 20520

April 19, 2024

Case No. F-2024-00870/FL-


2024-00023

David N. Bossie
Citizens United
1006 Pennsylvania Ave., SE
Washington, DC 20003

Dear Mr. Bossie:

This letter is in response to your request dated October 17, 2023, regarding
the release of certain Department of State (“Department”) material under
the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552. Thus far, the
Department has identified five responsive records subject to the FOIA.
Upon review, we have determined all five records may be released in part.

An enclosure explains the FOIA exemptions and other grounds for


withholding material. Where we have made redactions, the applicable FOIA
exemptions are marked on each record. Where applicable, the Department
has considered the foreseeable harm standard when reviewing these
records and applying FOIA exemptions. All non-exempt material that is
reasonably segregable from the exempt material has been released and is
enclosed.

For your information, Congress excluded three discrete categories of law


enforcement and national security records from the requirements of the
FOIA. See 5 U.S.C. § 552(c). This response is limited to those records that
are subject to the requirements of the FOIA. This is a standard notification
that is given to all our requesters and should not be taken as an indication
that excluded records do, or do not, exist. To the extent another agency
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asserts that it can neither confirm nor deny the existence of certain records,
the Department of State will similarly take the position that it neither
confirms nor denies the existence of those records.

We will keep you informed as your case progresses. If you have any
questions, your attorney may contact John Bardo, Assistant U.S. Attorney, at
202-870-6770 or [email protected]. Please refer to the case number,
F-2024-00870/FL-2024-00023, and the civil action number, 1:24-cv-00281, in
all correspondence about this case.

Sincerely,

Diamonece Hickson
Chief, Litigation and Appeals Branch
Office of Information Programs and Services

Enclosures: As stated.
The Freedom of Information Act (5 USC 552)

FOIA Exemptions

(b)(1) Information specifically authorized by an executive order to be kept secret in the interest of
national defense or foreign policy. Executive Order 13526 includes the following
classification categories:

1.4(a) Military plans, systems, or operations


1.4(b) Foreign government information
1.4(c) Intelligence activities, sources or methods, or cryptology
1.4(d) Foreign relations or foreign activities of the US, including confidential sources
1.4(e) Scientific, technological, or economic matters relating to national security,
including defense against transnational terrorism
1.4(f) U.S. Government programs for safeguarding nuclear materials or facilities
1.4(g) Vulnerabilities or capabilities of systems, installations, infrastructures, projects,
plans, or protection services relating to US national security, including defense
against transnational terrorism
1.4(h) Weapons of mass destruction

(b)(2) Related solely to the internal personnel rules and practices of an agency

(b)(3) Specifically exempted from disclosure by statute (other than 5 USC 552), for example:

ARMSEXP Arms Export Control Act, 50a USC 2411(c)


CIA PERS/ORG Central Intelligence Agency Act of 1949, 50 USC 403(g)
EXPORT CONTROL Export Administration Act of 1979, 50 USC App. Sec. 2411(c)
FS ACT Foreign Service Act of 1980, 22 USC 4004
INA Immigration and Nationality Act, 8 USC 1202(f), Sec. 222(f)
IRAN Iran Claims Settlement Act, Public Law 99-99, Sec. 505

(b)(4) Trade secrets and confidential commercial or financial information

(b)(5) Interagency or intra-agency communications forming part of the deliberative process,


attorney-client privilege, or attorney work product

(b)(6) Personal privacy information

(b)(7) Law enforcement information whose disclosure would:


(A) interfere with enforcement proceedings
(B) deprive a person of a fair trial
(C) constitute an unwarranted invasion of personal privacy
(D) disclose confidential sources
(E) disclose investigation techniques
(F) endanger life or physical safety of an individual

(b)(8) Prepared by or for a government agency regulating or supervising financial institutions

(b)(9) Geological and geophysical information and data, including maps, concerning wells

Other Grounds for Withholding

NR Material not responsive to a FOIA request excised with the agreement of the requester

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