12 March 2002

This responds to an FOIA request concerning denial of a visa to Richard Tomlinson:

http://cryptome.org/tomlinson-foia.htm


[Received 11 March 2002.]



                                 United States Department of State
                                 Washington, D.C. 20520
    
                                 MAR - 7 2002

                                 Request Number: 200200634


    John Young 
    Cryptome 
    251 West 89th Street 
    New York, NY 10024

    Dear Mr. Young:

    Thank you for your letter of February 24, 2002 in which you
    requested Mr. Richard Tomlinson's visa application.

    For your information, the following are conditions which 
    govern all Freedom of Information Act requests:

    	The cut-off date for retrieving documents is the date 
	of the requester's letter. Accordingly, no documents 
	which originated after the date of your letter will be 
	retrieved.

    	Only existing documents are subject to the Freedom of 
	Information Act. The Act does not provide for the 
	creation of documents, compilation of data, preparation 
	of lists, analyses of events, etc.

    To process your request, we need the additional information 
    requested below. we will hold your request open for ninety 
    (90) days from the date of this letter pending receipt of the 
    requested information.

    Provide the information described below regarding individuals
    about whom you have requested information:

     	(x) date and place of birth (include city and state)
     	(x) complete spellings of the name, and any other names
            or aliases by which the individual has been known
     	(x) citizenship status (U.S. citizen, permanent resident
            alien of the U.S., or other)
     	(x) (for visa records) provide location of the U.S.
            consulate where application was made; type
            (immigrant or non-immigrant); whether granted or
            denied; date of issuance or denial




- 2 - Third Party Requests: The FOIA and Privacy Act restrict access to Federal records concerning private individuals by unauthorized third parties. In general, access to information about private individuals cannot be given to unauthorized third parties under the provisions of these laws absent the individuals written consent. The Department requires that written consent be in the form of a signed notarized statement from the individual, authorizing the Department of State to release information to the other party. The statement should bear the original signature of the individual and original seal of the notary, and be dated within six months of the date of the request. In lieu of notarization, the individual may declare, certify, verify or state under penalty of perjury, that the authorization attested to is correct (if inside the U.S.); declare, certify, verify or state under penalty of perjury under the laws of the United States of America, that the the foregoing is true and correct (if outside the U.S.). For living individuals, provide written consent (see paragraph above), or tell us that none will be forthcoming. Requests can be processed without consent, but access may be severely limited as a result. The authorization, and your request for information from the State Department, should not be submitted on a Department of Justice form but rather on your letterhead or plain bond. Fee Information: The Freedom of Information Act permits agencies to collect fees to recover the direct costs of processing requests, unless a fee waiver has been granted or the charges fall below a certain amount. These issues are addressed below. Based upon the information that you have provided, this request will be processed in accordance with the fee schedule designated for the following category of requesters. ( ) commercial use requester ( ) educational institutions ( ) non-commercial scientific institutions ( ) representative of the news media (x) all other requesters The Department's search and review fees are:
- 3 - Administrative/Clerical $8.00/hour Professional $17.00/hour Executive $30.00/hour Copy costs are assessed at the rate of $0.25 per page. Initial inquiries indicate that the total costs for processing this request will be below the minimum amount charged in your requester category. Accordingly, your request will be processed at no cost to you. Note that this determination pertains only to this case. Due to its central role in conducting U.S. foreign affairs and the significant public interest in access to its records, the Department receives requests of a number, range and complexity perhaps unparalleled among government agencies. Because of the large number of requests now pending with the Department, we anticipate that our response will be delayed. If you have any questions with respect to the processing of this request, you may write to: Office of IRM Programs and Services A/RPS/IPS U.S. Department of State, SA-2 Washington, D.C. 20522-6001 or telephone: (202) 261-8314 or fax: (202) 261-8579. Please be sure to refer to your request number in all correspondence about this case. Sincerely, [Signed] Carrie B. Allen Requester Communication Branch