12 C.F.R. § 404.3

Current through March 31, 2024
Section 404.3 - Request requirements
(a) Before submitting a FOIA request, potential requesters are encouraged to review the information publicly available at https://www.exim.gov/about/foia/frequently-requested-records-and-proactive-disclosures and https://data.exim.gov/. The material you seek may be immediately available at no cost.
(b)
(1)
(i) A request for records must be made directly to EXIM in writing. Requests may be submitted to the EXIM FOIA Office:
(A) By email to foia@exim.gov;
(B) Using the online form available at https://www.exim.gov/about/foia;
(C) Using the online FOIAXpress PAL Portal available at https://palprod.eximefoia.com/; and
(D) By mail addressed to the Freedom of Information and Privacy Office, 811 Vermont Ave. NW, Washington, DC 20571.
(E) In the alternative, requests may be submitted to the national request portal at https://www.foia.gov.
(ii) Additional resources and contact information are available at https://www.exim.gov/about/foia.
(2) A requester who is making a request for records about himself or herself must comply with the verification of identity requirements as set forth at § 404.16(d) . This requires the request and signature to be notarized. Requester may instead submit a statement under 28 U.S.C. 1746 , a law that permits statements to be made under penalty of perjury as a substitute for notarization.
(3) Where a request for records pertains to another individual, a requester may receive greater access by submitting either a notarized authorization signed by that individual or a declaration made in compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of the records to the requester, or by submitting proof that the individual is deceased (e.g., a copy of a death certificate or an obituary). As an exercise of administrative discretion, EXIM can require a requester to supply additional information if necessary, in order to verify that a particular individual has consented to disclosure.
(c)
(1) Each request must describe the records sought in sufficient detail to enable EXIM personnel to locate the records with a reasonable amount of effort. To the extent possible, requesters should include specific information that may help EXIM identify the requested records, such as relevant dates, format, subject matter, title, transaction or reference number, and the name of any person to whom the record is known to relate. For assistance in drafting a records request, requesters can contact EXIM's FOIA Public Liaison.
(2) If after receiving a request EXIM determines that it does not reasonably describe the records sought, EXIM must inform the requester what additional information is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with EXIM's FOIA contact or FOIA Public Liaison. If, after contacting the requestor, EXIM is unable to clarify the timeframe for which a particular request seeks records, EXIM may deem the request to be a request for records created within the preceding twelve months.
(d) Requests may specify the preferred form or format (including electronic formats) for the records sought. EXIM will accommodate your request if the records are readily reproducible in that form or format.
(e) Requesters must provide contact information, such as their phone number, email, and mailing address, to assist EXIM in communicating with them and providing released records.
(f) A request must state the requester's willingness to pay any applicable fees or contain a request for a fee waiver. A requester may set a maximum amount the requester is willing to pay. The fee schedule and related provisions are provided in § 404.10 . The ability to request fee waivers is set forth at § 404.11 . EXIM will not process your request while clarifying fee issues.

12 C.F.R. §404.3

87 FR 41034, 8/10/2022