U.S. Customs and Border Protection · CROSS Database
ithheld in their entirety pursuant to Exemption (b)(5) of the FOIA (5 U.S.C.552(b)(5)). You appeal the material redacted from the documents released in response to the initial request and also the withholding in their entirety of the other five documents.
HQ 585726 May 25, 1999 DIS-3 RR:IT:DL 585726 DLD Paul S. Reichler, Esq. Foley, Hoag & Eliot LLP 1747 Pennsylvania Avenue, NW Suite 1200 Washington, DC 20006 Dear Mr. Reichler: This is in response to your letter of February 17, 1999, in which you appeal, on behalf of your client Guyana Airways Corporation (GAC), the partial denial of their Freedom of Information Act (FOIA, 5 U.S.C. 552) request of December 15, 1998, for the release of records pertaining to the alleged discovery of cocaine on a GAC airplane. On February 3, 1999, the Area Director, Newark/New York Customs, released 16 pages of documents with some redactions pursuant to Exemptions (b)(2) and (b)(7)(C) of the FOIA (5 U.S.C. 552(b)(2) and (b)(7)(C)). Five pages of documents were withheld in their entirety pursuant to Exemption (b)(5) of the FOIA (5 U.S.C.552(b)(5)). You appeal the material redacted from the documents released in response to the initial request and also the withholding in their entirety of the other five documents. We have located five additional pages responsive to the FOIA request, of which we are releasing four pages with some redactions under Exemptions (b)(2) and (b)(7)(C) of the FOIA (5 U.S.C. 552(b)(2) and (b)(7)(C)). One page is being withheld in its entirety pursuant to Exemptions (b)(2) and (b)(7)(C). With regard to your appeal of the material and documents withheld in the response to the initial FOIA request, we partially affirm the determination of the Area Director. The material redacted from the 16 documents released was properly withheld under Exemptions (b)(2) and (b)(7)(C). However, we are releasing with redactions under FOIA Exemptions (b)(2) and (b)(7)(C) the pages withheld upon the initial request under FOIA Exemption (b)(5). This comprises four pages, the fifth page withheld was a duplicate of one of the other pages. Exemption (b)(2) was employed in the initial release and this response to your appeal to withhold case and file numbers and other administrative markings which pertain to the administrative practices of the agency and do not pertain to you. It was also employed to withhold information, the disclosure of which would reveal investigative practices, which if disclosed, would assist violators and potential violators in circumventing the laws and regulations, avoiding detection and evading apprehension (5 U.S.C. 552(b)(2)). Exemption (b)(7)(C) of the FOIA permits the withholding of information compiled for law enforcement purposes, the disclosure of which could reasonably be expected to constitute an unwarranted invasion of personal privacy (5 U.S.C. 552(b)(7)(C)). The names of Customs officers and other third parties were redacted to preserve their personal privacy. You may obtain judicial review of this decision pursuant to the provisions of 5 U.S.C. 552(a)(4)(B) in the United States District Court in the District in which you reside or have a principal place of business, or in which the agency records are situated, or in the United States District Court for the District of Columbia. Sincerely, Lee H. Kramer, FOIA Appeals Officer Disclosure Law Branch Enclosures