United States Department of State Washington, D.C. 20520 April 5, 2019 Case No.: F-2019-00752 Segment: INR/OPS-0001 Ramya Krishnam Knight First Amendment Institute at Columbia University 475 Riverside Drive, _Suite 302 New York, NY 10115 Dear Ms. Krishnam and Ms. Carroll: In response to your requests dated October 19, 2018 and November 20, 2018, under the Freedom of Information Act (the "FOIA"), 5 U.S.C .. §552, the Department has completed its searches and processing of responsive records subject to FOIA. With respect to part 1 of your requests, the Department located four responsive documents. We have determined one document may be released in full and three documents may be released in part. In addition, the Department identified two documents responsive to part 1 that originated with the Central Intelligence Agency. We have referred those documents to the CIA for direct reply to you. With respect to parts 2 and 3 of your requests, the Department's searches returned no responsive records. An enclosure explains the FOIA exemptions and other grounds for withholding material. Where we have made excisions, the applicable FOIA exemptions are marked on each document. In some instances, two or more exemptions may apply to the same document. All non-exempt material that is reasonably segregable from the exempt material has been released and is enclosed. This concludes the processing of your request. If you have any questions, you may contact Trial Attorney Antonia Konkoly at (202)514-2395 or Antonia.Konkoly@usdoj.gov. Please refer to the request case number, F-2019-00752, and the civil action number, 18-cv-02709, in all correspondence about this request. Sincerely, Chief, Programs and Policies Division Office of Information Programs and Service Enclosures: As stated· The Freedom of Information Act (5 USC 552) FOIA Exemptions (b)(1) Information specifically authorized by an executive order to be kept secret in the interest of national defense or foreign policy. Executive Order 13526 includes the following classification categories: 1.4(a) 1.4(b) 1.4(c) 1.4(d) 1.4(e) Military plans, systems, or operations Foreign government information Intelligence activities, sources or methods, or cryptology Foreign relations or foreign activities of the US, including confidential sources Scientific, technological, or economic matters relating to national security, including defense against transnational terrorism 1.4(f) U.S. Government programs for safeguarding nuclear materials or facilities 1.4(g) Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to US national security, including defense against transnational terrorism 1.4(h) Weapons of mass destruction (b)(2) Related solely to the internal personnel rules and practices of an agency (b)(3) Specifically exempted from disclosure by statute (other than 5 USC 552), for example: ARMSEXP CIA PERS/ORG EXPORT CONTROL FS ACT INA IRAN Arms Export Control Act, 50a USC 2411(c) Central Intelligence Agency Act of 1949, 50 USC 403(g) Export Administration Act of 1979, 50 USC App. Sec. 2411(c) Foreign Service Act of 1980, 22 USC 4004 Immigration and Nationality Act, 8 USC 1202(f), Sec. 222(f) Iran Claims Settlement Act, Public Law 99-99, Sec. 505 (b)(4) Trade secrets and confidential commercial or financial information (b)(5) Interagency or intra-agency communications forming part of the deliberative process, attorney-client privilege, or attorney work product (b)(6) Personal privacy information (b)(7) Law enforcement information whose disclosure would: (A) interfere with enforcement proceedings (B) deprive a person of a fair trial (C) constitute an unwarranted invasion of personal privacy (D) disclose confidential sources (E) disclose investigation techniques (F) endanger life or physical safety of an individual (b)(8) Prepared by or for a government agency regulating or supervising financial institutions (b)(9) Geological and geophysical information and data, including maps, concerning wells Other Grounds for Withholding NR Material not responsive to a FOIA request excised with the agreement of the requester UNCLASSIFIED U. S. Department of State Case No F- 2019- 00752 Doc No. C06709344 Date: 04/05/2019 Watcn- Duty to Warn Page 01 . RELEASE IN PART B1 1.4 B3 . 30240)? SharePoint Aguilera Patricia INR USA GOV-IC I The highest classification level for this system is TOP- Watch I Search this site pl UPDATED: August 23, 2018 Classified by DAS, on 04/04/2019~ Class: Reason: . 1 1 B1 Declassify on: 50X6 DUTY TO WARN (DTW) Duty to warn policy is covered under Intelligence Community Directive (ICD) 191 and individual IC element internal implementing directives. ICD 191?s key requirement is that an IC element that collects or acquires . credible and specific information indicating an impending threat directed at a person or group has a duty to warn the intended victim(s) or those responsible for protecting the intended victim(s). The term intended victim includes both US. persons and foreign nationals. The covered threats are those of intentional killing, serious bodily injury, and kidnapping. The ICD also sets out situations in which the duty to warn may be waived. W0 ACTION: E-mail the DTW report to the apprOpriate regional INR office for situational awareness, with 3 cc to the DSCC. If the reporting is specific or the sourcing seems credible, flag for the SWO. Use yourjudgment if you believe this should also be flagged for Mahogany Row. - **If the report indicates a credible, imminent threat and/or other 1C Operation Centers are tracking the threat, call the INR Watch Director to receive additional guidance. . WOs should document all the actions taken when informing on DTW. Do not hesitate to call the INR Watch Director, regardless of time, if unsure how to proceed. Like this site? Send us your feedback! The highest classification level for this system is-?FeP? 2/28/2019 UNCLASSIFIED US. Department of State Case No. F-2019-00752 ?Doc No. C06709344 Date: 04/05/2019 D?bartment of Stat?e Case No. F??0i9-00752 Doc No. C06709467 Date: 04/05/2019 1 . RELEASE IN FULL Foster Sharl INR USA GOV-1C - From: Aguilera Patricia DOS INR USA GOV-1C Sentz' A Tuesday, August 28, 2018 7:01 AM To: . Dom WATCH Users Subject: . FW: DUTY TO WARN GUIDANCE UNCLASSIFIEWFGUG- Attachments: . - 180827 DUTY TO WARN.docx - Classification: Team Wildcats, FYSA- Please ?nd the latest version of the DTW guidance as cleared by the F0. It has been updated in the wiki. A Many thanks, Patty . 7' Depittment of State Ego: F-2019-00752 Doc No. 006709467 Date: 04/05/2019 UNCLASSIFIED US. Department of State Case No. Doc No. C06709471 Date: 04/05/2019 . RELEASE IN PART B1 1.4 B3 TO WARN (QTW) . 3024(i) to warn policy is covered under Intelligence Community Directive (ICD) 191 and individual IC element internal implementing directives. ICD 191's key requirement is that an IC element that collects or acquires credible and specific information indicating an- impending threat directed at a person or group has a duty to warn the - intended victim(s) or those responsible for protecting the intended victim(s). The term intended victim includes both US. persons and foreign nationals. The covered threats are those of intentional killing, serious bodily injury, and kidnapping. The ICD also sets out situations in which the duty to warn may be waived. B3 W0 ACTION: E-mail the DTW report to the appropriate regional INR office for situational awareness, with a cc to the DSCC. If the reporting is specific or the sourcing seems credible, flag for theSWO. Use yourjudgment if you believe this should also be?flagged for Mahogany Row. - Classified by DAS, on 04/04/2019 Class: SECRET Reason: Bi Declassify on: 50X6 . - . UNCLASSIFIED U.S. Department of State Case No. Doc No. C06709471 Date: 04/05/2019 UNCLASSIFIED US. Department of State Case No. Doc No. C06709471 Date: 04/05/2019 0 the report indicates a credible, imminent threat and/or other IC Operation Centers are tracking the threat, call the INR Watch Director to receive additional guidance. WOs should document all the actions taken when informing On DTW. Do not hesitate to call the INR WatCh Director, regardless of time, if unsure how to proceed. U/fFe?b?e- UNCLASSIFIED US. Department of State Case No. Doc No. C06709471 Date: 04/05/2019 UNCLASSIFIED U. S. Department of State Case No. F- 2019- 00752 Doc No. C06709476 Date: 04/05/2019 . IN PART . . . . i Foster Shari 005 INR USA GOV-1C . From: INR WATCH Sentz' . Thursday, August 23, 2018 12:14 PM To: Aguilera Patricia INR USA GOV-1C Subject: - . RE: Updated: DUTY GUIDANCE Classification: Ihave updated the Wiki. You can see it here: -watch.state.ic. ov Distribution%ZOGuide Dut %20to%20Warn.as VR, David Classified by DAS, on 04/04/2019~ Class. Reason. 1 1 B1 Declassify on: 50X6. . From: Aguilera Patricia Dos INR USA GOV-1C Sent: Thursday, August 23,2018 8: 48 AM To: INR WATCH Subject: Updated: DUTY TO WARN GUIDANCE Classi fication: Team Mamba, Please see updated information on DTW. David Will post this new guidance to Wiki While I am still waiting for clearance from the F0, the basics of what actions we should take still apply. On a slow shift, please read ICD 191. Pertinent passages are also included' In the guidance. . . 1 4(0) Please let me know if you have, any questions. - . Many thanks, - Bi B3 Classification: UNCLASSIFIED US. Department of State Case No. No. 006709476 Date: 04/05/2019 .