(1) Findings of fact and conclusions of law;

(2) A description of a remedy for each violation found;

(3) A notice of the right to appeal.

(h) Appeals of the findings of fact and conclusions of law or remedies must be filed by the complainant within 90 days of receipt from the agency of the letter required by $607.170(g). The agency may extend this time for good cause.

(i) Timely appeals shall be accepted and processed by the head of the agenсу. .

(j) The head of the agency shall notify the complainant of the results of the appeal within 60 days of the receipt of the request. If the head of the agency determines that additional informa

tion is needed from the complainant, he or she shall have 60 days from the date of receipt of the additional information to make his or her determination on the appeal.

(k) The time limits cited in paragraphs (8) and (j) of this section may be extended with the permission of the Assistant Attorney General.

(1) The agency may delegate its authority for conducting complaint investigations to other Federal agencies, except that the authority for making the final determination may not be delegated to another agency. (51 FR 4576, Feb. 5, 1986, as amended at 51 FR 4576, Feb. 5, 1986)

88 607.171—607.999 (Reserved]





Part 705

348 348

706 707

708 709 710

Employee ethical conduct standards and financial

disclosure regulations
Disclosure of public information ............
Access to and safeguarding of personal information

in records of the corporation
Sunshine regulations
Foreign Corrupt Practices Act of 1977
Administrative enforcement procedures of post-

employment restrictions
Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the Overseas Private Investment Corporation ..... New restrictions on lobbying ....

356 359 362



367 373


Subpart A-General



AUTHORITY: 5 U.S.C. 7301.

8705.101 Cross-reference to employee

ethical conduct standards and fi

nancial disclosure regulations. Employees of the Overseas Private Investment Corporation (OPIC) should refer to the executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635, the OPIC regulation at 5 CFR 4301.101 which supplements the executive branch-wide standards, and the executive branch-wide financial disclosure regulation at 5 CFR part 2634. (58 FR 33320, June 17, 1993)

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8 706.11 Purpose and policy.

(a) This part is adopted pursuant to the provisions of the Freedom of Information Act, 5 U.S.C. 552. It establishes the procedures governing public access to information contained in the files, documents and records of the Corporation. It also sets forth the procedures by which persons submitting written information to the Corporation may designate such information as exempt from disclosure under 5 U.S.C. 552(b)(4); and provides submitters of confidential business information with the right to be notified of a request for disclosure and to object to the disclosure of such information.

(b) This part reflects the policy of the Corporation to honor all requests for the disclosure of Corporation records provided that such disclosure does not adversely affect a legitimate public or private interest, is required and/or not prohibited by law or other authority, and would not impose an unreasonable burden on the Corporation. However, this part also reflects the view of the Corporation that the soundness and viability of many of its programs depend in large measure upon the willingness of applicants for Corporation assistance to provide full and reliable commercial, financial, technical and business information relating to the conduct of their affairs. Since the release of such information may imperil the competitive business position and credit standing of an applicant, it is essential that applicants be assured that confidential commercial or financial information which is submitted to the Corporation will not be disclosed to the public. This part is designed in part to give this assurance and thereby to encourage applicants to make complete disclosure of information bearing upon an application for OPIC assistance.

Subpart A-General

Sec. 706.11 Purpose and policy. 706.12 Scope. 706.13 Definitions.

Subpart B-Procedures and Fees

706.21 Information and records available to

the public. 706.22 Information and records not gen

erally available to the public. 706.23 Public access to information and

records. 706.24 Notification of corporation action. 706.25 Extension of time. 706.26 Fees. 706.27 Administrative appeal of refusal to


Subpart C-Rights of Submitters of Confidential Business Information

706.31 Notification to submitters of business

information. 706.32 Prior designation of business infor

mation as privileged or confidential. AUTHORITY: The Freedom of Information Act, as amended, 5 U.S.C. 552.

SOURCE: 53 FR 11993, Apr. 12, 1988, unless otherwise noted.

8 706.12 Scope.

This part applies to all files, documents, records, and information obtained or produced by officers and employees of the Corporation in the

course of their official duties and/or under such officer or employee's control. Specific types of files, documents, records and items of information described herein are illustrative rather than exclusive. This part does not purport to describe or set forth every file, document, record or item of information which may or may not be disclosed or to incorporate every exemption from disclosure provided by law.



$706.13 Definitions.

(a) Except as may be otherwise provided in paragraph (b) of this section, all terms used in this part which are defined in the Freedom of Information Act, 5 U.S.C. 552 shall have the same meaning.

(b)(1) Act means the "Freedom of Information Act," as amended, 5 U.S.C. 552.

(2) Business information means trade secrets or confidential or privileged commercial or financial information obtained from any person, including but not necessarily limited to such information as is contained in individual case files relating to such activities as insurance, loans and loan guarantees.

(3) Business submitter means any person or entity which provides business information to the Corporation.

(4) Commercial use request refers to a request from or on behalf of one who seeks information for a use or purpose that is related to the commerce, trade, or profit interests of the requester or the person on whose behalf the request is made. The term commercial use requester refers to any person making a commercial use request. In determining whether a requester properly belongs in this category, the Corporation will determine the use to which a requester will put the documents requested. Where the Corporation has reasonable cause to doubt the use to which a requester will put records sought, or where that use is not clear from the request itself, the Corporation may seek additional clarification before assigning the request to a specific category.

(5) Direct costs means those expenditures which the Corporation actually incurs in searching for and duplicating (and in the case of commercial requesters, reviewing) documents to respond

to a request under the Freedom of Information Act.

(6) Duplication refers to the process of making a copy of a document available to the FOIA requester. Copies will be ordinarily in the form of a photocopy of the original document.

(7) Educational institution refers to a preschool, a public or private elementary or secondary school, an institution of graduate higher education, an institution of vocational education, an institution of undergraduate higher education, an institution of professional education and an institution of vocational education, which operates a program or programs of scholarly research.

(8) FOIA means the Act.

(9) Non-commercial scientific institution refers to an institution that is not operated

commercial basis and which is operated solely for the purpose of conducting scientific research, the results of which are not intended to promote any particular product or industry.

(10) Representative of the news media refers to any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term "news" means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large, and publishers of periodicals, but only in those instances when they can qualify as disseminators of “news' who make their products available for purchase or subscription by the general public. These examples are not intended to be all-inclusive. Moreover, as traditional methods of news delivery evolve (e.g., electronic dissemination of newspapers through telecommunications services), such alternative media would be included in this category. In the case of “freelance" journalists, they may be regarded as working for a news organization if they can demonstrate a solid basis for expecting publication through that organization, even though not actually employed by it. A publication contract would be the clearest proof, but the Corporation may also look to

the past publication record of a re- (iii) The purpose of the approved asquester in making this determination. sistance in general terms;

(11) Review refers to the process of ex- (iv) Statistical data on Corporation amining documents located in response programs; and to a “commercial use request" under (v) The audited financial statements the Act (as the term "commercial use of the Corporation. request" is defined in paragraph (b)(4) (2) Pamphlets describing Corporation of this section) to determine whether programs; any portion of any document located is (3) Blank Corporation insurance permitted to be withheld. The term forms currently in use; and "review” includes processing any docu- (4) Press releases. ments for disclosure, including doing (c) Materials available from the Assistall that is necessary to excise exempt ant General Counsel for Claims. The Asportions and otherwise prepare them sistant General Counsel for Claims for release. Review does not include maintains public information files retime spent resolving general legal or lating to the determination of claims policy issues regarding the application filed under the Corporation's political of exemptions.

risk insurance contracts and a list of (12) Search includes all time spent all claims resolved by cash settlements looking for material that is responsive or guarantees. Public access to such to request, including a page-by-page or public information files will be granted line-by-line identification of material in accordance with the procedures dewithin documents. Line-by-line search scribed in $706.23(b) of this part. will not be done whon duplicating an (d) Materials available from the Corentire document would prove to be the porate Secretary. The Corporate Secless expensive and quicker method of retary maintains public information complying with a request.

files containing the minutes of the pub

lic portions of the Board of Directors' Subpart B-Procedures and Fees meetings, as well as the resolutions of

the Board of Directors. Public access to 8706.21 Information and records avail. such information will be granted in acable to the public.

cordance with the procedures described (a) General. Corporation information in $ 706.23(c) of this part. and records in existence which are not exempt from disclosure by law are

8706.22 Information and records not available for public inspection and

generally available to the public. copying in the manner specified in The following kinds of files, docu$706.23 of this part. A fee will be ments, records, and items of informacharged for the Corporation's expenses tion, among others, are generally not incurred in searching for, reviewing, available to the public: duplicating, tabulating and compiling (a) Business information as that term such information and records in ac- is defined in $706.13(b)(2) of this part: cordance with the charging system and (b) Information provided in applicaschedule of fees set forth in $ 706.26. tions for political risk insurance,

(b) Materials available from the Office loans, loan guaranties and other Corof Public Affairs. For the convenience of poration assistance; the public, the following Corporation (c) Insurance policies, loan agreematerials will be maintained and read- ments and loan guarantee agreements ily available from the Office of Public relating to specific recipients of CorAffairs.

poration assistance; (1) Current issues of the Corpora- (d) Information on declined, withtion's annual report, which report ordi- drawn or canceled applications for Cornarily sets forth:

poration assistance; (i) The names of recipients of Cor- (e) Inter-agency or intra-agency comporation insurance, loans, guarantees munications not routinely available to and other assistance during the fiscal a party in litigation with the Corporayear covered;

tion, including, among other things, (ii) The kind and amount of assist- memoranda between officials or agenance provided;

cies, Corporation staff memoranda,

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