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UNITED STATES DEPARTMENT OF COMMERCE
Economics and Statistics Administration
OFFICE OF THE DIRECTOR
January 19, 2017
Mr. Jed Margolin
1981 Empire Rd
jm@jmargoIin.com
Dear Mr. Margolin:
This letter is in response to your correspondence, dated December 14, 2016, to the U.S. Census Bureau's Freedom of Information Act (FOIA) Office. We received your request in this office on December 14, 2016, and have assigned to it tracking number DOC-CEN-2017-000309. We are responding under the FOIA to your request for:
This Freedom of Information Act Request involves:
1. The following individuals: Charles Reger and Reza Zandian (aka Gholamreza Zandian Jazi aka Gholam Reza Zandian aka Golamreza Zandianjazi aka Reza Jazi aka J. Reza Jazi aka G. Reza Jazi; which will be referred to as Reza Zandian).
2. The following companies: Lucach, Computer World USA Division (also known as the USD Division), Optima Technology Corporation, Iran Business Machines, and RISQ Technology Corporation. For background please refer to the Federal Register Volume 60, Number 146 (Monday, July 31, 1995); Notices; Pages 38985-38987: https://www.gpo.gov/fdsys/Pkg/FR-1995-07-31/html/95-18696.htm .
I would like the following:
1. Charging Letter dated December 6, 1993 (to Charles Reger from Department of Commerce). [Being handled by Department of Commerce.]
2. Shipper's Export Declaration (SED), July 5, 1991, signed by Charles Reger, acting in his capacity as General Manager of Lucach.
3. Any and all Shipper's Export Declarations signed by Charles Reger or Reza Zandian (aka ....)
4. Any and all Shipper's Export Declarations on behalf of Lucach, Computer World USA, Optima Technology Corporation, Iran Business Machines, and RISQ Technology Corporation from 1989 through 2016..."
With respect to your request for Shippers' Export Declarations, we are withholding responsive documents in whole, under FOIA Exemption 3, Title 5, United States Code, Section 552(b)(3) and FOIA Exemption 4, Title 5, United States Code, Section 552(b)(4). Please be aware that information, which is responsive to your request, may contain information that is protected by Title 13, United States Code, Section 9, which requires that census records be used solely for statistical purposes and also makes these records confidential. Exemption (b)(3) of the FOIA exempts from disclosure records or portions of records that are made confidential by statute. Accordingly, to the extent that we have withheld this document from you, we must deny your request containing Title 13 protected information. Exemption (b)(4) of the FOIA protects from disclosure records that contain trade secrets and commercial or financial information obtained from a person that is privileged or confidential.
Mr. Jed Margolin, DOC-CEN-2017-000309 January 19, 2017 Page 2
Based on the above information, this constitutes a denial of your request. You have the right to appeal this denial of the FOIA request. An appeal must be received within 90 calendar days of the date of this response letter. Address your appeal to the following office:
Assistant General Counsel for Litigation, Employment and Oversight Room 5898-C
14th
and
An appeal may also be sent by e-mail to FO1AAppealsdoc.gov, by facsimile (fax) to 202-482-2552, or by FOIAonline, if you have an account in FOIAonline, at https://foiaonline.regulations.gov/foia/action/public/horne#. 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, the e-mail subject line, and the fax cover sheet should be clearly marked "Freedom of Information Act Appeal."
The e-mail, fax machine, FOlAonline, and Office 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, fax machine, FOlAonline, or 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.
Additionally, you have the right to seek dispute resolution services from the National Archives and Records Administration, Office of Government Information Services (OGIS) at 1-877-6846448 or by email at ogis@nara.gov .
Please contact, Iris Boon, the FOIA Public Liaison, by telephone at 301-763-2127 or by email at census.efoiacensus.gov if you have any questions regarding your request.
Sincerely,
Freedom of Information Act/Privacy Act Officer Chief.
Freedom of Information Act Branch