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Notice to the Trade dated July 22, 2009 re: Freedom of Information Act Requests (FOIA) and the release of P.L. 480 Title Freight Proposals

TO: All Cooperating Sponsors, their Freight Forwarders, Ocean Carriers, and their Brokers

DATE: July 22, 2009

RE: The Freedom of Information Act (FOIA) and Submission of Freight Proposals in response to P.L. 480 Title II Requests for Proposals

Please be advised that effective immediately, all ocean carriers submitting freight proposals in response to P.L. 480 Title II freight RFPs for mark and count cargoes and/or bulk cargoes and/or overseas and/or domestic preposition cargoes must include one of the statements below in each freight offer submitted. Please note that this statement is required for each offer submitted. For offers submitted through the electronic Freight Bid Evaluation System (FBES), one of the statements below must appear in the Free Form Remarks Section for each offer submitted. Each page of each offer submitted outside of FBES must include one of the following statements:

1. This freight proposal, whether successful or unsuccessful, contains trade secrets or commercial financial information which are privileged and confidential and exempt from disclosure under the Freedom of Information Act, 5 U.S.C. Section 552. Furthermore, this information is prohibited from disclosure under the Trade Secrets Act, 18 U.S.C. Section 1905.

— OR —

2. This freight proposal, whether successful or unsuccessful, may, in the future, be made public or released under a FOIA request.

If you have any questions regarding this notice, please contact Ms. Christine Karpinski at 202-712-1587.

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