[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR171.17]



[Page 756-757]

 

                       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



[[Page 757]]



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.