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Disclaimers & Preferences

Appealing a FOIA or Privacy Decision

An adverse determination, either failure to find material responsive to the request or the denial of access to material, may be administratively appealed within 60 days of the decision.

Appeals of denial of access must be made in writing and should be sent by certified mail to Assistant Secretary for Public Affairs c/o The Appeals Officer, U.S. Department of State, A/RPS/IPS/PP, SA-2,  Washington, DC 20522-6001. The appeal letter should say why the requester disagrees with the determination and provide any additional supporting information. This might include published examples of similar information or examples of material previously released by the State Department or another agency.

The Department's decision to refuse to waive or reduce fees, or grant expedition, may also be appealed by writing to Chief of the Requester Liaison Division, U.S. Department of State, SA-2,  Washington, DC 20522-6001. The appeal letter should contain as much information and documentation as possible to support the request for a waiver or reduction of fees.

For FOIA Requests, the Department has twenty working days to respond to an appeal of denial of access, or refusal to reduce or waive fees. The Department has ten working days, from the date of the requester's letter, to respond to an appeal after denial of expeditious processing of a case.

For Privacy Requests, the Department has twenty working days to respond to an appeal, after denial of expeditious processing of a case.

If, on appeal, the denial is upheld in whole or in part, the requester has the right to seek relief in Federal District Court for an adverse determination.

The following should help serve as references when submitting correspondence.

Type of Letter CFR Reference
Denial of Access CFR 171.11
CFR 171.23
Fees CFR 171.13
CFR 171.14
CFR 171.15
Expedition CFR 171.12

 

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