This part contains the rules that the US International Development Finance Corporation (“DFC”) follows in processing requests for records under the Freedom of Information Act (“FOIA”), 5 U.S.C. 552 as amended. These rules should be read together with the FOIA and the Uniform Freedom of Information Fee Schedule and Guidelines published by the Office of Management and Budget. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed in accordance with DFC's Privacy Act regulations at 22 CFR part 707 as well as under this subpart.

It is DFC's policy to make its records available to the public to the greatest extent possible, in keeping with the spirit of the FOIA. This policy includes providing reasonably segregable information from records that also contain information that may be withheld under the FOIA. However, implementation of this policy also reflects DFC's view that the soundness and viability of many of its programs depend in large measure upon full and reliable commercial, financial, technical and business information received from applicants for DFC assistance and that the willingness of those applicants to provide such information depends on DFC's ability to hold it in confidence. Consequently, except as provided by law and in this part, information provided to DFC in confidence will not be disclosed without the submitter's consent.

This part applies to all agency records in DFC's possession and control. This part does not compel DFC to create records or to ask outside parties to provide documents in order to satisfy a FOIA request. DFC may, however, in its discretion and in consultation with a FOIA requester, create a new record as a partial or complete response to a FOIA request. In responding to requests for information, DFC will ordinarily consider only those records within its possession and control as of the date of DFC's search. If any other date is used, DFC will inform the requester of that date. A record that is excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), is not considered responsive to a request.

(a) Preservation of records. DFC preserves all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration. Records that are identified as responsive to a request will not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.

(b) Transfer of records to the National Archives. Under the Records Disposal Act, 44 U.S.C. Chapter 33, DFC is required to transfer legal custody and control of records with permanent historical value to the National Archives. DFC's Finance Project and Insurance Contract Case files generally do not qualify as records with permanent historical value. DFC will not transfer these files except when the National Archives determines that an individual project or case is especially significant or unique. If the National Archives receives a FOIA request for records that have been transferred it will respond to the request in accordance with its own FOIA regulations.

Nothing in this subpart shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA.