Code of Federal Regulations Title 22. Foreign Relations § 22.706.4 Preservation and transfer of records

(a) Preservation of records. DFC preserves all correspondence pertaining to the requests that it receives under this part, as well as copies of all requested records, until disposition or destruction is authorized pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration. Records that are identified as responsive to a request will not be disposed of or destroyed while they are the subject of a pending request, appeal, or lawsuit under the FOIA.

(b) Transfer of records to the National Archives. Under the Records Disposal Act, 44 U.S.C. Chapter 33, DFC is required to transfer legal custody and control of records with permanent historical value to the National Archives. DFC's Finance Project and Insurance Contract Case files generally do not qualify as records with permanent historical value. DFC will not transfer these files except when the National Archives determines that an individual project or case is especially significant or unique. If the National Archives receives a FOIA request for records that have been transferred it will respond to the request in accordance with its own FOIA regulations.