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Judicial Watch • Treasury FOIA on Nexen Takeover

Treasury FOIA on Nexen Takeover

Treasury FOIA on Nexen Takeover

Page 1: Treasury FOIA on Nexen Takeover


Number of Pages:4

Date Created:November 13, 2012

Date Uploaded to the Library:February 20, 2014

Tags:Takeover, Nexen, treasury, FOIA

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n(icause one ubove the law! 

November 13, 2012 

Mr. Hugh Gilmore Director, Disclosure Services FOIA Request Department the Treasury 1500 Pennsylvania venue Washington, 20220 

Dear Mr. Gilmore: 
PurstUtnt the Freedom Information Act (FOIA), U.S.C.  552, Judicial 
Watch, Inc. hereby requests that the Department the Treasury produce the following 
within twenty (20) business days: 
Any and all Committee Foreign Investment the United States (CFIUS) records regarding, concerning, related the proposed takeover Nexen, Inc. the China National Offshore Oil Corporation (CNOOC). This request includes, but not limited to, any and all reco1ds communication any official, employee, representative the Department Treasury and any other party regarding, concerning, related the proposed takeover. call your attention President Obama's January 21, 2009 Memorandum concerning the Freedom Information Act, which states: 
All agencies should adopt presumption favor disclosure, order renew their conunitment the principles embodied FOIA ... The presumption disclosure should applied all decisions involving FOIA.1 
The memo further provides that "The Freedom Information Act should Freedom oflnfonnation Act. Pres. Mem. January 21, 2009, Fed. Reg. 4683. 
425 Third St., SW, Suite 800, Washington, 20024 "Tel: (202) 646-5172 1-888-593-8442 FAX: (202) 646-5199 Email: info@JudicialWat1,; 
Department Treasury 
November 13, 2012 
administered with clear presumption: the case doubt, openness prevails." 
Nevertheless, any responsive record p01tion thereof claimed exempt from production under FOIA, please provide sufficient identifying information with respect each allegedly exempt record portion thereof allov assess the propriety the claimed exemption. Vaughn Rosen, 484 F.2d 8f0 (D.C. Cir. 1973), cert. denied, 415 U.S. 977 (974). addition, any reasonably se.gregable portion responsive record must provided, after redaction any allegedly exempt material. u.s.c.  552(b). 
For purposes this request, the term ''record" shall mean: (1) any written, printed, typed material any kind, including without limitation all con-espondence, memoranda, notes, messages, letters, cards, facsimiles, papers, fmms, telephone messages, diaries, schedules, calendars, chronological data, minutes, books, reports, charts, lists, ledgers, invoices, worksheets, receipts, returns, computer printouts, printed matter, prospectuses, statements, checks, statistics, surveys, affidavits, contracts, agreements, transcripts, magazine newspaper articles, press releases; (2) any electronically, magnetically, mechanically stored material any kind, including without limitation all electronic mail e-mail; (3) any audio, aural, visual, video records, recordings, representations any kind; any graphic materials and data compilations from which information can obtained; and (5) any materials using other means preserving thought expression. 

Judicial Watch also hereby requests waiver both search and duplication fees pursuant U.S.C.  552(a)(4)(A)(ii)(II) and (a)(4)(A)(iii). Judicial Watch entitled waiver search fees under U.S.C.  552(a)( 4)(A)(ii)(II) because member the news media. National Security Archive Department Defense, 880 F.2d 1381, 1387 (D.C. Cir. 1989)(defining news media within FOIA context). Judicial Watch has also been recognized member the news media other FOIA litigation. See, e.g., Judicial Watch, Inc. US. Department Justice, 133 Supp.2d (D.D.C. 2000); and, Judicial Watch, Inc. Department Defense, 2006 U.S. Dist. LEXIS 44003, 
(D.D.C. June 28, 2006). Judicial Watch regularly obtains information about the operations and activities government through FOIA and other means, uses its editorial skills turn this information into distinct works, and publishes and disseminates these works the public. intends likewise with the records receives response this request. 

Judicial Watch also entitled complete waiver both search fees and duplication fees pursuant U.S.C.  552(a)(4)(A)(iii). Under this provision, records: 
shall furnished without any charge charge reduced below the fees established under clause (ii) disclosure the information the public interest because likely contribute significantly public 

Department Treasury November 13, 2012 Page 3of4 

understanding the operations activities government and not primarily the conunercial interest the requester. U.S.C.  552(a)(4)(A)(iii). addition, records are not produced within twenty (20) business days, Judicial Watch entitled complete waiver search and duplication fees under Section 6(b) 
 the OPEN Government Act of2007, which amended FOIA U.S.C.  (a)(4)(A)(viii). 
Judicial Watch 501(c)(3), not-for-profit, educational organization, and, definition, has commercial purpose. Judicial Watch exists educate the public about the operations and acti.vities government, well increase public understanding about the importance ethics and the rule law government. The particular records requested herein are sought part Judicial Watch's ongoing efforts document the operations and activities the federal government and educate the public about these operations and activities. Once Judicial Watch obtains the requested records, intends analyze them and disseminate the results its analysis, well the records themselves, special written 
report. Judicial Watch will also educate the public via radio programs, Judicial Watch's website, and/or newsletter, among other outlets. also will make the records available other members the media researchers upon request Judicial Watch has proven ability disseminate information obtained through FOIA the public, demonstrated its long7standing and continuing public outreach efforts. 
Given these circumstances, Judicial Watch entitled public interest fee waiver both search costs and duplication costs. Nonetheless, the event our request for waiver search and/or duplication costs denied, Judicial Watch willing pay $350.00 search and/or duplication costs. Judicial Watch .requests that contacted before any such costs are incurred, order prioritize search and duplication efforts. effort facilitate record production within the statutory time limit, Judicial Watch willing accept documents electronic format (e.g. e-mail, .pdfs). When necessary, Judicial. Watch will also accept the "rolling production" documents. you not understand this request any portion thereof, you feel you require clarification this request any portion thereof, please
ontact immediately 202-646-5172 look forward receiving the requested documents and waiver both search and duplication costs within twenty 
(20) business days. Thank you for your cooperation. 

Department Treasury November 13, 2012 Page 4of4 

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