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Electronic Code of Federal Regulations

e-CFR Data is current as of July 28, 2014

Title 22: Foreign Relations


PART 1002—AVAILABILITY OF RECORDS


Contents
§1002.1   Introduction.
§1002.2   Definitions.
§1002.3   Access to Foundation records.
§1002.4   Written requests.
§1002.5   Records available at the Foundation.
§1002.6   Records of other Departments and Agencies.
§1002.7   Fees.
§1002.8   Exemptions.
§1002.9   Denial of records; review.

Authority: 5 U.S.C. 552, and 31 U.S.C. 483(a).

Source: 37 FR 8375, Apr. 26, 1972, unless otherwise noted.

§1002.1   Introduction.

(a) It is the policy of the Inter-American Foundation that information about its operations, procedures, and records be freely available to the public in accordance with the provisions of the Freedom of Information Act.

(b) The Foundation will make the fullest possible disclosure of its information and identifiable records consistent with the provisions of this Act and the regulations in this part.

§1002.2   Definitions.

As used in this part, the following words have the meaning set forth below:

Act. “Act” means the Act of June 5, 1967, sometimes referred to as the “Freedom of Information Act” or the Public Information Section of the Administrative Procedure Act, as amended, Pub. L. 90-23, 81 Stat. 54, and codified at 5 U.S.C. 552.

Foundation. “Foundation” means the Inter-American Foundation.

President. “President” means the President of the Foundation.

Records. The word “records” includes all books, papers, or other documentary materials made or received by the Foundation in connection with the transaction of its business which have been preserved or are appropriate for preservation by the Foundation as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities, or because of the informational value of data contained therein. Library or other material acquired and preserved solely for reference or exhibition purposes, and stocks of publications and processed documents are not included within the definition of the word “records.”

§1002.3   Access to Foundation records.

Any person desiring to have access to Foundation records should call or apply in person between the hours of 9 a.m. and 5 p.m. on weekdays (holidays excluded) at the Foundation offices at 901 N. Stuart St., 10th Floor, Arlington, VA 22203. Requests for access should be made to the General Counsel, Office of the General Counsel () at the Foundation offices. If request is made for copies of any record, the General Counsel's Office will assist the person making such request in seeing that such copies are provided according to the rules in this part.

[37 FR 8375, Apr. 26, 1972, as amended at 71 FR 63235, Oct. 30, 2006]

§1002.4   Written requests.

In order to facilitate the processing of written requests, every petitioner should:

(a) Address his request to:

General Counsel, Inter-American Foundation, 901 N. Stuart St., 10th Floor, Arlington, VA 22203.

(b) Identify the desired record by name or brief description, or number, and date, as applicable. The identification should be specific enough so that a record can be readily identified and found;

(c) Include a check or money order to the order of the “Inter-American Foundation” covering the appropriate search and copying fees, or request a determination of fee;

(d) Allow a reasonable amount of time for reply. Furnishing the requested information will involve search and retrieval of records, copying and mailing;

(e) Blanket requests or requests for “the entire file of” or “all matters relating to” a specified subject will not be accepted.

[37 FR 8375, Apr. 26, 1972, as amended at 71 FR 63236, Oct. 30, 2006]

§1002.5   Records available at the Foundation.

The General Counsel's Office will make available, to the extent not authorized to be withheld, the following works or classes of information:

(a) A copy of Agency regulations, including a copy of title 22 of the Code of Federal Regulations, or of any other title of the Code in which Agency regulations may have been published;

(b) Final unclassified reports;

(c) Copies of grants, loans, or other agreements in force;

(d) Personnel information affecting the public;

(e) Procurement information affecting the public;

(f) Contracts;

(g) Reimbursable agreements with other agencies.

[37 FR 8375, Apr. 26, 1972, as amended at 71 FR 63236, Oct. 30, 2006]

§1002.6   Records of other Departments and Agencies.

Requests for records that have been originated by or are primarily the concern of another U.S. Department or Agency will be forwarded to the particular Department of Agency involved, and the petitioner notified. In response to requests for records or publications published by the Government Printing Office or other Government printing activity, the Foundation will refer the petitioner to the appropriate sales office and refund any fee payments therefor which accompany the request.

§1002.7   Fees.

Except as otherwise specifically provided by the Foundation, a fee will be levied for all searches for, or copies of, records. These fees will be computed so as to recover the full cost of searching and copying.

(a) Advance payment and deposits. When the amount of a fee can be readily computed (as, for example, when a specified number of copy pages are requested) advance payment will be required. When the amount cannot be readily computed (as, for example, when an unknown amount of stafftime must be used in complying with a request), the General Counsel may require payment of a reasonable deposit before undertaking to collect the requested records. At the earliest practicable time, the General Counsel will determine the full amount of the fee and, before complying fully with the request, will require payment of any balance due or refund any overpayment.

(b) Schedule of fees. The following fees apply for services rendered to the public:

(1) Searching for records and collateral assistance, per hour or fraction thereof$5.00
(2) Making copies (Xerox or comparable) per page0.40

Should a situation arise which is not covered by the above schedule, the fee to be charged will include all direct and indirect costs of the service, including but not limited to materials, labor, and the like. The amount of the fee including charges, if any, for records printed by contractors or grantees will be determined by the A&F Director.

(c) Revision of schedule. The fee schedule will be revised from time to time, without notice, to assure recovery of the cost of rendering information services to any person. The revised schedule will be available without charge.

[37 FR 8375, Apr. 26, 1972, as amended at 71 FR 63236, Oct. 30, 2006]

§1002.8   Exemptions.

The Act authorizes exemption from disclosure of records and information concerning matters that are:

(a) Specifically required by Executive order to be exempt from disclosure in the interest of the national defense or foreign policy;

(b) Related solely to the internal personnel rules and practices by the Foundation;

(c) Specifically exempted from disclosure by statute;

(d) Trade secrets and commercial or financial information obtained from any person which is privileged or confidential;

(e) Interagency or intra-agency memoranda or letters which would not be available by law to a private party in litigation with the Foundation;

(f) Personnel and medical files and similar files the disclosure of which would constitute an unwarranted invasion of personal privacy;

(g) Investigatory files (including security investigation files and files concerning the conduct of employees) compiled for law enforcement purposes except to the extent available by law to a private party.

The Foundation will not honor requests for exempt records or information.

§1002.9   Denial of records; review.

If a request for records is denied, the person who made the request is entitled to have the denial reviewed by the Foundation President as promptly as circumstances permit. If the President determines that the withholding is improper, he will direct in writing that the requested records be made available in accordance with these regulations. If he determines that the withholding is proper, he will so notify such person in writing, and his determination will constitute the final Foundation decision.



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