Freedom of Information Act Program (FOIA)

//FOIA
FOIA2019-02-11T09:31:56+00:00

The Freedom of Information Act Program (FOIA) allows the general public, including foreign citizens, military and civilian personnel acting as private citizens, to request records electronically or in writing from the Federal Government.  FOIA is a Federal law that establishes the public’s right to request existing records from Federal government agencies.  FOIA generally provides that any person has a right to request access to federal agency records, except to the extent that those records are protected disclosures under the nine legal exemptions or under the three special law enforcement record exclusions.  The FOIA Requestor service Center is established in compliance with Executive Order 13392.

This DKI APCSS Requestor Service Center is the initial point of contact for FOIA requestors to submit FOIA request, receive status updates and appropriate information about their requests at DKI APCSS.

Any requestors who have concerns about the service they are receiving from the DKI APCSS FOIA Service Center may raise their concerns with the Defense Department’s FOIA Public Liaison, Mr. Jim Hogan, at 571-372-0463 or by email at foia.liason@whs.mil.

To submit a DKI APCSS FOIA Request:
  • DKI APCSS FOIA requests must be in writing (letter, email/web form, or fax). Telephone requests are not accepted.
  • A record must exist and be in the possession and control of the Agency at the time of the request to be considered subject to FOIA.
  • Please ensure that all form fields are fully completed to avoid delays in processing your request.
  • Requestors can submit their requests by mailing a completed FOIA Request Form | Sample FOIA Request Letter
  • Please note that forms cannot be used for Privacy Act Requests.
Please send FOIA requests to:

Mailing Address:

Daniel K. Inouye Asia-Pacific Center for Security Studies
ATTN: Administration Management Office
2058 Maluhia Road
Honolulu, HI 96815

Email: apcssfoia@apcss.org
Fax: (808) 971-8999

Materials Required under 5 U.S.C. § 552
  • 5 U.S.C. § 552(a)(2)(A): Records—Final opinions and orders made in the adjudication of cases that may be cited, used, or relied upon as precedents in future adjudications.
     Defense Office of Hearings and Appeals
  • 5 U.S.C. § 552(a)(2)(B): Records—Statements of policy and interpretations that have been adopted by the agency and are not published in the Federal Register.
    Directive Type Memoranda
  • 5 U.S.C. § 552(a)(2)(C): Records—Administrative staff manuals and instructions, or portions thereof, that establish DoD policy or interpretations of policy that affect the public.
    • DoD Publications
    • FOIA/PA Staff Materials
  • 5 U.S.C. § 552(a)(2)(D): Records—Records released to the public, under the FOIA, that are or will likely become the subject of subsequent requests.
    • Contracts
    • Records Released under FOIA
Resource Materials
  • Freedom of Information Act Handbook
  • Department of Defense FOIA Guidance
  • Department of Defense Directive 5400.07
  •  Department of Defense Directive 5400.7R
Additional Information and Resources can be found at:

How do I make a FOIA request?
DKI APCSS  accepts online FOIA form submissions or mail form submissions.  Telephone and emailed requests are not accepted.  Please describe the specific record(s) you are seeking with sufficient detail that the record(s) can be located.  FOIA states that records must exist at the time the request is submitted to be considered.

Who may file a FOIA request?
Any person, including a member of the public (U.S. or foreign citizen), an organization, or business, but not including a Federal agency or a fugitive from the law, that either explicitly or implicitly invokes the FOIA, DOD Directive 5400.7.

What are my rights under FOIA?

  • You have the right to request records under the Freedom of Information Act.
  • You have the right to appeal any denial of records under the Freedom of Information Act.
  •  You have the right to request a “fee waiver” if you can demonstrate that the requested record(s) is in the public interest and not primarily in the commercial interest of the requester.
  •  Under Executive Order 13526, you have the right to request a review of specific documents for declassification and release to the public.

 As a member of the military (active or reserve) or as a Federal Government Civilian Employee, may I use Government Facilities to submit FOIA requests?

  • No.  FOIA requests are a personal matter and Government time, equipment, or facilities may not be used.

What if the record(s) I seek are not held by DKI APCSS?

  •  If the records you seek are not held by DKI APCSS, your request will be forwarded to the appropriate agency as a referral.

How is my FOIA request processed?

  •  You will receive a response to your request. Please keep in mind that the 20 working day response deadline begins when agency holding the record(s) receives your request and does not include Saturdays, Sundays, or legal holidays. In light of shrinking budgets, downsizing, the complexity of certain FOIA requests, the need for classification and legal review, and the number of FOIA requests DKI APCSS receives; some requests may take longer than 20 working days.  Please be patient; you will receive a response to your request. You can also check the status of your request online.

How much will my request cost?

  •  There is no initial fee to file a FOIA Request, and in many cases no fee is charged.  Commercial use requesters are charged for search time, document review, and duplication. News media, educational, and scientific requesters are charged for duplication only, after the first 100 pages. All other requesters are charged for search time (after two hours) and duplication (after 100 pages).

Are fee waivers available?

  •  You may submit a letter requesting a fee waiver.  However, fee waivers are limited to situations in which a requester can show that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.

If my FOIA request is denied, can I appeal the decision?

  • Yes.  If your request was initially denied in whole or in part, a letter will be sent to you advising you of the denial and your right to appeal.  You have the right to appeal the determination within 60 days.  If you wish to appeal, you must file your appeal with the correct appellate authority within 60 days.  The appellate agency for DKI APCSS is the FOIA Appeals and Policy Branch, DFOISR, Mr. Jim Hogan at 571-372-0463 or by email at foia.liason@whs.mil.  This information will be included on all returned requests that are denied in whole or in part.


To whom do I address any questions concerning the status of my FOIA Request?

  • The status of a submitted FOIA Request can be viewed online under the Request Status page.  For other questions, please check first to see if your question has been covered in the Reading Room.  For all remaining inquiries, please contact DKI APCSS FOIA Requestor Service Center.
  • Telephone – (808) 564-5088
    Email – apcssfoia@apcss.org
    Fax – (808) 971-8999