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Freedom of Information Act Program

FOIA background

The Freedom of Information Act (FOIA), 5 U.S.C. § 552, provides any person the right, enforceable in court, to request access to records maintained by agencies within the executive branch of the Federal Government. The FOIA was signed into law in 1966, became effective in 1967, and was most recently updated through the FOIA Improvement Act of 2016. Under the FOIA, agencies shall release information unless there is an appropriate basis for “exempting” that material from disclosure by one of nine exemptions. 

Submitting A FOIA request

You may submit a FOIA request online via the Public Access Link (PAL). You can also submit a FOIA request directly to:

Bureau of Industry and Security
Office of Planning, Evaluation and Management
1401 Constitution Avenue, NW, Room 6622
Washington, DC 20230

When making a request, please include a mailing and email address so we may contact you if necessary. Keep a copy of your request; you may need to refer to it for further correspondence with the agency. When filing your request, describe as best as possible the BIS records you are requesting. When determining what records to request, take into consideration that BIS’s core mission is to advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership.  Among BIS’s core function is the (a) implantation and enforcement of Export Administration Regulations (EAR), which regulate the export of goods and technologies for national security and foreign policy purposes; (b) evaluation and processing of licenses for proposed exports and re-exports of goods and technology from the U.S.; and (c) enforcement of export control laws and regulations.

In your description include information such as:

  • the date and place the records were created

  • file descriptions, subject matter, persons involved, and

  • other pertinent details that will help identify the records for which you are asking.
     

Who can submit a FOIA request

Members of the public, including foreign citizens, military and civilian personnel acting as private citizens, organizations and businesses, and individual members of the Congress for themselves or constituents, may request records in writing. It is important to remember that the Freedom of Information Act applies only to federal agencies. It does not create a right of access to records held by Congress, the courts, state or local government agencies, or by private businesses or individuals. Each state has its own public access laws that should be consulted for access to state and local records. 

Fees applicable to FOIA requests

15 C.F.R. § 4.11(c) states that you will be charged a search fee in connection with your FOIA request even if no responsive documents are located or if responsive documents are determined to be exempt from disclosure under any applicable FOIA exemptions, according to the established schedule, except when a fee waiver has been granted. The four categories are: 

  • Commercial use requests 
  • Educational and non-commercial scientific institution requests; 
  • Representation of the news media; 
  • All other 

Requesters may set a limit on the amount that they are willing to pay for a request. If it is estimated that fees will exceed the fee limit set by the requester, BIS will notify the requester, in writing, and offer the requester the opportunity to reduce the scope of the request to reduce estimated fees. 

Federal agencies are required to respond to FOIA requests within 20 working days of receipt unless there are unusual circumstances such as: 1) requesting records from field facilities or other separate establishments; 2) examining voluminous records; and 3) the need for consultation with another component or Federal agency. 

Fee waivers

If you are advised or expect that a fee will be charged, you may request in writing a waiver of those fees if the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. The mere fact that you are a non-profit organization, or a member of the media does not in and of itself qualify for a fee waiver. In addition, a requester's inability to pay is not a legal basis for granting a fee waiver. The Department's FOIA regulations, 15 CFR Section 4.11(l), outlines the factors are taken into consideration when granting a fee waiver. 

Submitting a FOIA appeal

FOIA requesters may appeal an agency's decision not to provide information within 90 days of the date of the written denial. Appeals must include a copy of the original request; the initial denial, if any; and a statement of the reasons why the initial denial, if any.

FOIA Appeals should be made to:

Assistant General Counsel for Employment, Litigation and Information 
U.S. Department of Commerce 
Office of the General Counsel, Room 5896 
1401 Constitution Ave., NW 
Washington, D.C. 20230

An appeal may also be sent by e-mail to [email protected].  The appeal should include a copy of the original request and initial denial, if any.  All appeals should include a statement of the reasons why the records requested should be made available and why the adverse determination was in error.

The appeal letter, the envelope, and the e-mail subject line should be clearly marked “Freedom of Information Act Appeal.”  The e-mail and office mail are monitored only on working days during normal business hours (8:30 a.m. to 5:00 p.m., Eastern Time, Monday through Friday).  FOIA appeals posted to the e-mail box or the office after normal business hours will be deemed received on the next normal business day.  If the 90th calendar day for submitting an appeal falls on a Saturday, Sunday or legal public holiday, an appeal received by 5:00 p.m., Eastern Time, the next business day will be deemed timely.

Checking the status of an existing FOIA request

If you have questions concerning your request, please email [email protected] and include the assigned tracking number. You will also be able to send message to the FOIA analyst and check the status electronically if you submit the request via the Public Access Link (PAL).  

Publicly available records

In the interest of transparency and public education, BIS proactively posts documents for public view via: 

Additional resources