[Code of Federal Regulations]
[Title 12, Volume 4]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR404.14]

[Page 507-508]
 
                       TITLE 12--BANKS AND BANKING
 
           CHAPTER IV--EXPORT-IMPORT BANK OF THE UNITED STATES
 
PART 404_INFORMATION DISCLOSURE--Table of Contents
 
        Subpart B_Access to Records Under the Privacy Act of 1974
 
Sec. 404.14  Requirements of request for access.

    (a) Form. Requests for access must be made in writing and must be 
signed by the requester. Requests should be addressed to the Freedom of 
Information and Privacy Office at the address in Sec. 404.12(e) and 
should contain both the return address and telephone number of the 
requester.
    (b) Description of records sought. A request for access must 
describe the records sought in sufficient detail so as to enable Ex-Im 
Bank personnel to locate the system of records containing the records 
with a reasonable amount of effort. To the extent practicable, such 
description should include the nature of the record sought, the date of 
the record or the period in which the record was compiled, and the name 
or

[[Page 508]]

identifying number of the system of records in which the requester 
believes the record is kept. A requester may include his or her social 
security number in the request in order to facilitate the identification 
and location of the requested records.
    (c) Fee statement. The request must contain a statement expressing 
willingness to pay fees for processing the request or a request for a 
fee waiver (see Sec. 404.16(d)).
    (1) Whenever a requester submits a request for access that does not 
contain a fee statement or a request for a fee waiver, Ex-Im Bank shall 
advise the requester of the requirements of this section. If the 
requester fails to respond within ten working days of such notification, 
then the Freedom of Information and Privacy Office shall notify the 
requester, in writing, that Ex-Im Bank will not process the request.
    (2) A general statement by the requester expressing willingness to 
pay all applicable fees shall be deemed an agreement to pay up to 
$25.00. If Ex-Im Bank estimates that the fees for a request will exceed 
$25.00, then Ex-Im Bank shall notify the requester. Ex-Im Bank shall 
offer the requester the opportunity to agree, in writing, either to pay 
a greater fee or to modify the request as a means of limiting the cost.
    (3) Whenever the estimated fee chargeable under this section exceeds 
$25.00, Ex-Im Bank reserves the right to require a requester to make an 
advance payment prior to processing the request.
    (4) Ex-Im Bank shall not process a request by a requester who has 
failed to pay a fee for a previous request unless and until such 
requester had paid the full amount owed and also has paid, in advance, 
the total estimated charges for the new request.
    (d) Verification of identity. An individual who submits a request 
for access must verify his or her identity. The request must include the 
requesters full name, current address, and date and place of birth. In 
addition, such requester must provide a notarized statement attesting to 
his or her identity.
    (e) Verification of guardianship. When a parent or guardian of a 
minor or the guardian of a person judicially determined to be 
incompetent submits a request for access to records that relate to the 
minor or incompetent, such parent or guardian must establish:
    (1) His or her own identity and the identity of the subject of the 
record in accordance with paragraph (d) of this section; and
    (2) Parentage or guardianship of the subject of the record, either 
by providing a copy of the subject's birth certificate showing parentage 
or by providing a court order establishing guardianship.
    (f) Written notice of amendment. The requester must provide any 
amendment to the original request in writing to Ex-Im Bank.
    (g) Requester assistance. Ex-Im Bank shall make reasonable efforts 
to assist a requester in complying with the requirements of this 
section.
    (h) Date of receipt. Requests for access shall be deemed to have 
been received on the date that the request is received by the Freedom of 
Information and Privacy Office, provided that all the requirements of 
this section have been met. Ex-Im Bank shall notify the requester of the 
date on which it officially received a request.