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U.S. AGENCY FOR
GLOBAL MEDIA

August 18, 2020
Mr. Nathaniel Kretchun
Open Technology Fund
2101 Street NW Suite
Washington, D.C 20037
Nat@0penTech.Fund

Dear Mr. Kretchun:

I have addressed this letter to you, as you are the listed point of contact in the USAGM
and OTF grant agreement. have cc?d Laura Cunningham and counsel pursuant to previous
requests as a courtesy to OTF. As a reminder, I am not litigation counsel and all litigation related
requests should go exclusively to litigation counsel at the U.S. Department of Justice (DOJ).

USAGM received the 17-page letter signed by Ms. Cunningham on August 17, 2020 and
the two supporting documents that she attached to her email. In that letter, OTF offers a
variety of excuses for not providing the requested information despite the numerous requests
and legitimate security-related justification for the information in accordance with 
rights under the terms of the grant agreement.

While we understand the difficulties of operating in the current environment, we must
insist that you use good-faith best efforts to provide the requested information within the
timeframe indicated, including the reasonable extension provided. To that end, wherever Ms.
Cunningham has cited information previously delivered by email, please forward to us the
emails cited. That is an acceptable method to satisfy our information requests.

Given that, as Ms. Cunningham points out, OTF is less than a year old, it does not seem
likely that the ?number and variety of contracts is simply too large? to be produced to
USAGM as requested. OTF has repeatedly cited that ?49 of 60? projects have been impacted,
therefore, OTF should easily be able to identify and provide details on those 60 projects as
requested. Neither is it useful to contest every information request with a disquisition on the
regulations when all of the grant terms, to which OTF freely agreed, are within the bounds of
the regulations.

Finally, the false accusations concerning ?withholding? of funding (as Ms.
Cunningham noted, OTF has already received over $9 million this year while approximately $1.6
million has been processed for July) as well as baseless and arguably libelous statements

regarding USAGM personnel, who are lawfully enforcing the grant agreement, must cease and
be withdrawn in order to facilitate a productive relationship moving forward.

OTF has not provided the necessary requested information in the timeframe, including
the extension, set out by USAGM in the August 10, 2020 letter and subsequent August 14, 2020
letter required under the terms of the grant agreement. OTF has, therefore, failed to comply
with a material term of the grant agreement.

Under grant agreement article XIV, OTF has 10 business days to bring itself into
compliance by providing all of the requested information. We hope that OTF expeditiously
complies and that USAGM and OTF can enjoy the mutually heped for productive relationship
moving forward.

Sincerely,
LW 

Mora Namdar, Esq

Senior Advisor to the CEO

Acting Vice President for Legal, Compliance, and Risk
U.S. Agency for Global Media

cc: Gupta Law Firm
cc: Laura Cunningham