Wayne S. Smith
| Tracking # |
F-2024-14767 |
| Submitted | July 12, 2024 |
| Est. Completion | None |
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Communications
From: Nicholas Marritz
Dear Department of State:
This is a request for records under the Freedom of Information Act.
RECORDS REQUESTED:
Please produce all records related to Wayne Sanford Smith. Smith was a State Department envoy in Cuba during the Cuban Revolution of 1959 and returned to a diplomatic post in Havana two decades later, only to resign in opposition to the U.S. embargo and other punitive anti-Cuba policies. Mr. Smith was born on Aug. 16, 1932 in Seguin, Texas, USA and died on June 28, 2024.
REQUEST FOR FEE WAIVER
Public Interest Factors
1. The subject of the request must concern identifiable operations or activities of the Federal Government. My request satisfies this factor because it seeks records created or maintained by the U.S. Department of State.
2. The records must be likely to contribute to the understanding of the subject of the request. My request satisfies this factor because it seeks information that, to my knowledge, is not already in the public domain. Of course, without already knowing what records the Department has, I can't say for sure whether those records are already in the public domain or what the public would learn from them; however, because Mr. Smith has recently died, the Department may now be able to release records that were not previously available via the FOIA.
3. The disclosure must contribute to the understanding of the public—meaning a reasonably broad audience of persons interested in the subject—as opposed to the individual understanding of the requester. My request satisfies this factor because Ms. Smith was a public figure. News obituaries for Mr. Smith appeared in the Washington Post and the New York Times, among other publications. His New York Times obituary said that "For more than 24 years after he joined the Foreign Service in 1958, Mr. Smith was America’s man in Havana.” His Washington Post (attached) noted that he then became, “the most effective and outspoken opponent of the U.S. policy toward Cuba...Mr. Smith made frequent visits to Cuba to teach or to lead tours for members of Congress and other dignitaries. Cabdrivers in Havana knew him by name, and people flocked around him on the street.” Thus, a broad audience of persons will likely be interested in the records I seek.
I am also making this request via a website that will allow anyone in the world to access all responsive records online, for free.
4. The public's understanding must be enhanced by the disclosure to a significant extent. My request likely satisfies this factor because Mr. Smith has recently died—meaning that the Department can now release responsive records that it could not have released before. Again, I cannot be 100% sure if factor is satisfied without already knowing what records the Department has. However, given Mr. Smith's status as a public figure, the Department should deem this factor satisfied.
Commercial Interest Factors
1. The existence and magnitude of a commercial interest: I have no commercial interest whatsoever in these records; I am just a curious American citizen.
2. The primary interest in disclosure, i.e., whether disclosure is primarily in the commercial interest of the requester: I have no commercial interest in disclosure, therefore the public interest outweighs my (nonexistent) private interest.
Conclusion
On balance, all of the Department's regulatory factors tilt decisively in favor of granting me a fee waiver. If you do decide to charge me fees, please notify me in advance if you anticipate that those fees will exceed $25.
FORM OF PRODUCTION
I would prefer that you produce responsive records electronically if possible: by email attachment if available or on CD-ROM if not.
Sincerely,
Nicholas Marritz
From: U.S. Department of State
Dear Nicholas Marritz:
Thank you for filing your information access request to the U.S. Department of State. Your request number is F-2024-14767.
You will receive a formal acknowledgement to your request in no later than 10 working days. If the Department requires additional information from you, then you will also be notified.
Should you have any questions about your request, you may also contact us at:
FOIAStatus@state.gov
Regards,
Requesters Communications Branch
Office of Information Programs and Services
U.S. Department of State
From: U.S. Department of State
Dear Nicholas Marritz,
The status of your FOIA request #F-2024-14767 has been updated to the following status 'Received'. To learn more, please log into the DoS FOIA Portal via the Application URL below.
https://pal.foia.state.gov
Regards,
U.S. Department of State
From: U.S. Department of State
*THIS EMAIL BOX IS NOT MONITORED, PLEASE DO NOT REPLY TO THIS EMAIL* Dear Mr.Marritz: This email acknowledges receipt of your July 12, 2024, Freedom of Information Act (FOIA) (5 U.S.C. § 552) request received by the U.S. Department of State, Office ofInformation Programs and Services. all records related to Wayne Sanford Smith. Smith was a State Department envoy in Cuba during the Cuban Revolution of 1959 and returned to a diplomatic post in Havana two decades later, only to resign in opposition to the U.S.embargo and other punitive anti-Cuba policies. Mr. Smith was born on Aug. 16, 1932 in Seguin, Texas, USA and died on June 28, 2024." The date range for this search is from 8/16/1932 to 6/28/2024.
You are seeking a copy of " Unless you advise otherwise, we will treat as non-responsive anycompilations of publicly available news reports and any publicly availabledocuments not created by the U.S. government, such as mass-distribution emailsfrom news media. This Office assigned your request the subjectreference number and placed it in the complex processing track where it will beprocessed as quickly as possible. See 22 CFR § 171.11(h).
This Office will not be able to respond within the 20 daysprovided by the statute due to “unusual circumstances.” See 5 U.S.C.§ 552(a)(6)(B)(i)-(iii). In this instance, the unusual circumstancesinclude the need to search for and collect requested records from otherDepartment offices or Foreign Service posts.
You will not be charged FOIA processingfees.
If you have any questionsregarding your request, would like to narrow the scope or arrange analternative time frame to speed its processing, or would like an estimated dateof completion, please contact our FOIA Requester Service Center or our FOIA PublicLiaison by email at ortelephone at 202-261-8484. Additionally, you may contact the Office ofGovernment Information Services (OGIS) at the National Archives and RecordsAdministration to inquire about the FOIA mediation services they offer. The contact information for OGIS is as follows: Office of GovernmentInformation Services, National Archives and Records Administration, 8601Adelphi Road-OGIS, College Park, Maryland 20740-6001, email at (mailto:FOIAstatus@state.gov) FOIAstatus@state.gov ; telephone at202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769. (mailto:ogis@nara.gov) ogis@nara.gov
*THIS EMAIL BOX IS NOT MONITORED, PLEASE DO NOT REPLY TOTHIS EMAIL*
From: U.S. Department of State
DearMr. Marritz: Thiscorrespondence is regarding Freedom of Information Act (FOIA) (5 U.S.C. § 552)request F-2024-14767 for a copy of “all records related to Wayne Sanford Smith.Smith was a State Department envoy in Cuba during the Cuban Revolution of 1959and returned to a diplomatic post in Havana two decades later, only to resignin opposition to the U.S. embargo and other punitive anti-Cuba policies. Mr.Smith was born on Aug. 16, 1932 in Seguin, Texas, USA and died on June 28, 2024”from 8/16/1932 to 6/28/2024. This request was received on July 12, 2024. Inorder to properly process your request, we are seeking additional clarification. Our analysts have asked that you pleasebe more specific in your definition of “related to.” The reasoning for their request is becausethis phrase could mean multiple things, such as all documents with anyvariation of Mr. Smith’s name, all records he authored, all communications hesent or received, or something else. Ikindly ask that you provide a response by August 30, 2024. If we do not receivea response by then, we will assume you are no longer interested in receivingthis information and will administratively close your request within this office. Sincerely,
Joseph
Statutory Compliance and Research Division
Office of Information Programs and Services
U.S. Department of State
From: U.S. Department of State
Dear Nicholas Marritz,
The status of your FOIA request #F-2024-14767 has been updated to the following status 'On Hold - Need Info/Clarification'. To learn more, please log into the DoS FOIA Portal via the Application URL below.
https://pal.foia.state.gov
Regards,
U.S. Department of State
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