How long must an office retain records that were responsive to a FOIA request?

Total release of responsive documents

• If the response to the requester involved the release of documents in their entirety without any redactions, an office must maintain the documents for a minimum of 6 years after the date of reply.

Partial or Total withholding of documents

• If the response to the requester involved withholding documents in part or in whole, and the requester has not submitted an appeal to the Office of General Counsel, an office must maintain the documents for a minimum of 6 years after the date of reply.

The response is appealed

• If the requester has appealed our response, an office must maintain the documents associated with the appeal for a minimum of 6 years after final determination by the Office of General Counsel or 3 years after final adjudication by courts, whichever is later.

For additional information contact: Dianna Finley, Acting at 202-482-1653 or e-mail Dianna.Finley@trade.gov.