FOIA Law Enforcement Exclusions: Congress provided special protection in the FOIA for three
narrow categories of law enforcement and national security records. The
provisions protecting those records are known as “exclusions.” The first
exclusion protects the existence of an ongoing criminal law enforcement
investigation when the subject of the investigation is unaware that it is
pending and disclosure could reasonably be expected to interfere with
enforcement proceedings. The second exclusion is limited to criminal law
enforcement agencies and protects the existence of informant records when the
informant’s status has not been officially confirmed. The third exclusion is
limited to the FBI and protects the existence of foreign intelligence or
counterintelligence, or international terrorism records when the mere existence
of such records is classified. Records falling within an exclusion are not
subject to the requirements of the FOIA. Thus, when the Coast Guard responds to
your request it will limit its response to those records that are subject to the
FOIA.
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