[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR171.17]

[Page 711-712]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 171_AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
--Table of Contents
 
             Subpart B_Freedom of Information Act Provisions
 
Sec. 171.17  Waiver or reduction of fees.

    (a) Fees otherwise chargeable in connection with a request for 
disclosure of a record shall be waived or reduced where it is determined 
that disclosure 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 the commercial 
interest of the requester.
    (1) In order to determine whether disclosure of the information is 
in the public interest because it is likely to contribute significantly 
to public understanding of the operations or activities of the 
government, the Department will consider the following four factors:
    (i) The subject of the request, i.e., whether the subject of the 
requested records concerns the operations or activities of the 
government;
    (ii) The informative value of the information to be disclosed, i.e., 
whether the disclosure is likely to contribute to an understanding of 
government operations or activities;
    (iii) The contribution to an understanding of the subject by the 
general public likely to result from disclosure, i.e., whether 
disclosure of the requested information will contribute to public 
understanding, including whether the requester has expertise in the 
subject area as well as the intention and ability to disseminate the 
information to the public; and
    (iv) The significance of the contribution to public understanding, 
i.e., whether the disclosure is likely to contribute significantly to 
public understanding of government operations or activities.
    (2) In order to determine whether disclosure of the information is 
not primarily in the commercial interest of the requester, the 
Department will consider the following two factors:
    (i) The existence and magnitude of a commercial interest, i.e., 
whether the

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requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so,
    (ii) The primary interest in disclosure, i.e., whether the magnitude 
of the identified commercial interest of the requester is sufficiently 
large, in comparison with the public interest in disclosure, that 
disclosure is primarily in the commercial interest of the requester.
    (b) The Department may refuse to consider waiver or reduction of 
fees for requesters (persons or organizations) from whom unpaid fees 
remain owed to the Department for another information access request.
    (c) Where only some of the records to be released satisfy the 
requirements for a waiver or reduction of fees, a waiver or reduction 
shall be granted for only those records.
    (d) The Department's decision to refuse to waive or reduce fees may 
be appealed in accordance with Sec. 171.51.