DEPARTMENT
OF
THE NAVY
HEADQUARTERS UNITED STATES MARINE CORPS
2 NAVY ANNEX ROOM 3134
WASHINGTON. DC
203So-1nS
MR
STEVEN AFTERGOOD
FEDERATION
OF
AMERICAN SCIENTISTS
1725 DESALES STREET
NW
SUITE 600
WASHINGTON
DC
20036
Dear Mr. Aftergood:
Subj: FOIA FILE HQMC-201OO0301
IN REPLY REFER TO:
5720
ARSFIl
OU
100420
May 7, 2010
This refers to your February 19,2010, Freedom
of
Information Act (FOIA) request
by
which you seek to obtain a copy
of
the June 2003 version
of
publication MCIA-2700-002-03
entitled Urban Generic Intelligence Requirement Handbook (UGIRH). This also follows up
my
earlier correspondence to you
of
March 23,2010, and April 19, 2010.
The requested UGIRH was provided to this office by personnel with the Marine Corps
Intelligence Activity (MCIA) who also identified identified information within the
UGIRH that,
if
publicly disclosed, would significantly risk circumvention
of
USMC personnel rules and
practices. Specifically, disclosure would hinder ongoing operations/missions operating under
military rules
of
engagement and would also facilitate circumvention
by
military enemies by
providing them knowledge
of
how we would conduct operations. Accordingly, since this type
of
information is precluded from FOIA disclosure, the applicable portions have been redacted
and are denied [see 5
U.S.C. § 552(b)(2), as amended]. A FOIA releasable copy
of
the
responsive document can be found on the
CD-ROM provided at the enclosure.
In view
of
the above, you may consider this an adverse determination that may
be
appealed to the Judge Advocate General (Code 14), 1322 Patterson Avenue SE, Suite 3000,
Washington Navy Yard, DC 20374-5066. Your appeal must be postmarked within 60 calendar
days from the date
of
this letter to be considered and should include a copy
of
your initial request
letter plus a copy
of
this correspondence. Additionally, your appeal correspondence should
include a statement indicating why you believe your appeal should be granted. I recommend
that your appeal letter and its envelope both bear the notation, "Freedom
of
Information Act
Appeal."
Be
advised that I have categorized you as an "Other Requester" for the purpose
of
assessing FOIA fees. Additionally, based on the information provided in your letter, I am
granting your request for a waiver
of
fees based on public interest in disclosure
of
the requested
document and your ability to disseminate the provided data.