(a) Waiver. In accordance with the FOIA's fee waiver provisions, OPIC will furnish records to you without charge or at a reduced charge if disclosure of the information you request is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in your commercial interest. In determining whether a fee waiver is appropriate, OPIC will consider the following factors:
(1) Whether the subject of the requested records concerns the operations or activities of the government;
(2) Whether disclosure of the requested information is likely to contribute significantly to public understanding of government operations or activities;
(3) Whether you have the intention and ability to disseminate the information to the public;
(4) Whether the information is already in the public domain;
(5) Whether you have a commercial interest that would be furthered by the disclosure; and, if so,
(6) Whether the magnitude of your identified commercial interest is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in your commercial interest.
(b) Justification. In all cases, you have the burden of presenting sufficient evidence or information to justify the requested fee waiver or reduction.
(c) Inspection. You may come to OPIC's offices to inspect any releasable records that you requested without charge to you except for any search, review, and/or duplication fees that are otherwise payable.
(d) Other provisions—(1) Aggregating requests. When OPIC reasonably believes that a requester or group of requesters is attempting to break down a request into a series of requests for the purpose of evading the assessment of fees, OPIC will aggregate any such requests and charge accordingly.
(2) Remittances. All payments under this Part must be in the form of a check or a bank draft denominated in U.S. currency. Checks should be made payable to the order of United States Treasury and mailed to the OPIC FOIA Office.
Title 22 published on 2012-04-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.