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DEPARTMENT OF THE TREASURY

WASHINGTON, D.C. 20220

1789

FOIA No.: 2014-01-101

OASIS No.: MUL-697310

APR 1 5 2014

Dear
This letter is our final response to your January 29, 2014 Freedom oflnformation Act (FOIA), 5
U.S.C. 552, request to the Department of the Treasury, seeking a copy of any communications
from the Office of Foreign Assets Control (OF AC) to Coursera regarding the offering of services
to sanctioned countries. Treasury referred your FOIA request to OFAC for processing on January
30, 2014.
Please be aware that OFAC is experiencing a substantial backlog ofFOIA requests that has
adversely affected its response time.
OFAC will neither confirm nor deny the existence of investigative records, pursuant to
exemptions (b)(7)(A) and (b)(7)(C) ofthe FOIA, unless there was an actual investigation that
resulted in a designated or enforcement action, or the investigation is publicized. Until an actual
designation, enforcement action or public acknowledgement of an investigation by Treasury has
occurred, release of any information confirming or denying the existence of an investigation
could conceivably tip off the subjects of pending investigations. The mere acknowledgement of
an OFAC investigation would allow the subject of the investigation the opportunity to engage in
asset flight and change his or her habits and routines such that an enforcement action or
designation would be impossible to obtain. Conversely, if OF AC were to acknowledge that it
was not investigating an individual who was actually involved in criminal activity, that
information alone may embolden the individual in his or her continued criminal activities.
Lastly, the courts have determined that "the mere mention of an individual's name in a law
enforcement file will engender comment and speculation and carries a stigmatizing connotation."
With regard to your request as it relates to non-investigative records, please be advised that
OFAC has conducted a search of its records and found six emails. We have determined that one
of these emails incorporates the content of the other five. We are, therefore, releasing a single
email totaling four pages with information withheld pursuant to exemption (b)(6) of the FOIA.
We have processed the incoming portions of the email, in addition to the outgoing portions, to
provide you with as much context as possible.
Provisions of the FOIA allow us to recover part of the cost of complying with your request. In
this instance, no fees have been assessed.
You may appeal our final determination, in writing, within 35 days after the date of this letter to
the Freedom oflnformation Act Appeal, Disclosure Services (DO), Department of the Treasury,

Page 2
Washington, DC 20220. The deciding official for OF AC appeals is the Director, Office of
Foreign Assets Control. Please include with your letter of appeal a copy of this response letter.
Please reference FOIA case number 2014-01-101 in all future correspondence. Copies ofthe
FOIA and Treasury regulations are available at www.treasury.gov/foia.
The Office of Government Information Services (OGIS) also mediates disputes between FOIA
requesters and Federal agencies as a non-exclusive alternative to litigation. If you wish to contact
OGIS, you may email them at ogis@nara.gov or call1-877-684-6448.
Enclosed are information sheets pertaining to the FOIA exemptions and your right to
administrative appeal.
If you have any questions regarding this matter, you may email OFACFOIAOffice@treasury.gov
or contact the FOIA Requester Service Center at (202) 622-2500, option 3. Again, please
reference FOIA No. 2014-01-101 in all future correspondence.

}!~

Marshall H. Fields, Jr.

Assistant Director
Information Disclosure and Records Management
Office of Resource Management
Office of Foreign Assets Control

Enclosures:
FOIA Exemptions
Administrative Appeal Rights
Responsive Document (4 pages)

Definitions of the Exemptions Under the Freedom oflnformation Act- 5 U.S.C. 552
EXEMPTIONS
Pursuant to 5 U.S.C. 552 (b), the Freedom of Information Act does not apply to matters that are

(I )(A) specifically authorized under criteria established by an Executive Order to be kept secret in the
interest of national defense or foreign policy and (B) are in fact properly classified under such
Executive Order;

(2) related solely to the internal personnel rules and practices of an agency;

(3) specifically exempted from disclosure by statute, provided that such statute;
(A) requires that the matters be withheld from the public so as to leave no discretion on the issue, or
(B) establishes particular criteria for withholding or refers to particular kinds of matters to be
withheld;

(4) trade secrets and commercial or financial information obtained from a person and privileged or
confidential;

(5) inter-agency or intra-agency memoranda or letters which would not be available by law to a party
other than an agency in litigation with the agency;

(6) personnel and medical files and similar files the disclosure of which constitutes a clearly
unwarranted invasion of personal privacy;

(7) records or information compiled for law enforcement purpose, but only to the extent that the
production of such records or information
(A) could reasonably be expected to interfere with enforcement proceedings,
(B) would deprive a person of a right to a fair trial or impartial adjudication,
(C) could reasonably be expected to constitute an unwarranted invasion of personal privacy,

(D) could reasonably be expected to disclose the identity of a confidential source, including a state,
local or foreign agency or authority, or any private institution which furnished information on a
confidential basis, and, in the case of a record or information compiled by a criminal law
enforcement authority in the course of a criminal investigation, or by an agency conducting a
lawful national security intelligence investigation, information furnished by a confidential source,
(E) would disclose techniques and procedures for law enforcement investigations or prosecutions, or
would disclose guidelines for law enforcement investigations or prosecutions if such disclosures
could reasonably be expected to risk circumvention of the law, or
(F) could reasonably be expected to endanger the life or physical safety of any individual;

(8) contained in or related to examination, operating or condition reports prepared by, on behalf of, or
for the use of an agency responsible for the regulation or supervision of financial institutions; or

(9) geological and geophysical information and data, including maps, concerning wells.

ADMINISTRATIVE APPEAL
You may file an appeal with the Department of the Treasury when:

Access to records has been denied in part or in whole;

There has been an adverse determination of your requester category;
Your request for fee waiver or reduction has been denied;
It has been determined that no responsive records exist; or
Your request for expedited processing has been denied.

Your appeal, other than an appeal of a denial for expedited processing, must be submitted within
35 days after (1) the date of the initial determination, or (2) the date of the letter transmitting the
last records released, whichever is later, except in the case of a denial of expedited processing.
An appeal of a denial for expedited processing must be made within 10 days of the date of the
initial determination to deny expedited processing. The appeal must be in writing, signed by you
or your representative, and contain the following information:

Your name and address;

Date of your initial request;
Date of the letter denying your request;
Description of why you believe the initial
determination was in error; and
The FOIA/PA number assigned to your request.

Please mail your appeal to:

Freedom of Information Act Appeal

Disclosure Services, DO
Department of the Treasury
Washington, D.C. 20220

The deciding official for OFAC appeals is the Director, Office of Foreign Assets Control.

Responsive
Document

From:

To:
Subject:
Date:

Re: OFAC License request IA-2013-306301-1

Tuesday, January 14, 2014 3:32:29 PM

Thanks,mmJ]

On

ttDtmr

Hi

14, 2014 at 12:13 PM, (b )(6)

My apologies, the number is (b )(6)

<-@coursera.org > wrote:

Thanks.

IJfds,
On Tue, Jan 14, 2014 at 12:12 PM,
I'm getting a message that the number is no longer in service.

F r o m : - [mailto-@coursera.org]
Sent: Tuesday, January 14, 2014 3:09PM

To:-

Sub~C License request IA-2013-306301-1

Hi[IDIUJ]

Sure, you can give me a call at (b )(6)

Thanks.

..

~ds,

On Tue, Jan 14, 2014 at 11:51 AM,

-

(b )(6)

are you available to speak now? Please let me know and I will call you.

F r o m : - [mailto-@coursera.org]
Sent: Monday, January 06, 2014 4:45PM

To:~
Sub~C License request IA-2013-306301-1

Dear[OJIGJ)

I wanted to follow up with you now that the holidays are over and everyone is
back. Please let me know if I can provide any other information regarding
Coursera's Signature Track program. We are very much looking forward to
getting guidance from the US Treasury Department regarding how to respond to
requests from students of sanctioned countries when they are interested in
taking a Coursera course with Signature Track. Thank you.

On Mon, Dec 23, 2013 at 2:01 PM, (b )(6)

<-@coursera.org> wrote:

Dear[IDIUJ]

Yes, I have reviewed the General License in Section 560.544 of the Iran
Transactions and Sanctions Regulations. Unfortunately, it addresses some
situations that may apply to Iranian students wishing to participate in Coursera,
but not all of the potential situations. For example, not all of our partners are
U.S. institutions; we also partner with many international institutions of higher
learning (e.g. Copenhagen Business School, The Chinese University of Hong
Kong.

Also, upon signing up for a Coursera account, the student does not need to
indicate the purpose for which he wants to take Coursera courses (not in line
with many of the requirements in 560.544). In fact, he does not even need to
indicate which country his is from if he does not choose to do so. Anyone can
sign up for a Coursera account and sign up to take a course from free.

The situation for which we are seeking specific guidance is for when a student
wants to take a Coursera course through Signature Track. To sign up for
Signature Track, the student pays a nominal $40 - $70 fee (depending on

course) and must show a government issued ID as part of the identity

verification process. In the sign-up process, the student must also indicate in a
drop-down menu the country that issues the ID. Currently, Coursera does not
have Iran, Syria, Sudan, or Cuba, but we do get requests from Coursera users in
these countries who want to take a course through Signature Track.

Just as an overview, Signature Track allows the student access to:

(1) Identity Verification: The student has a special profile to link his coursework
to his real identity using his photo ID and his unique typing pattern.
(2) Verified Certificate: The student earns official recognition from Universities
and Coursera for the accomplishment of having completed a course with
Signature Track with a verifiable electronic certificate featuring a unique URL.
(3) Sharable Course Records: The student can share his electronic course
records with employers, educational institutions, and anyone else using a
unique, secure URL.

I know we are coming right up against the Christmas holiday, but let me know if
you would prefer to discuss this by phone. I will be in the office for a few more
hours this afternoon. Otherwise, I'd love to schedule a call for sometime after
the New Year's. Thank you for your time.

On Mon, Dec 23, 2013 at 12:11 PM,

wrote:

Thank you for your prompt response. May I ask if you, or your counsel, have
reviewed the General License in section 560.544 of the Iran Transactions and
Sanctions Regulations to determine if that license authorizes your activities?

F r o m : - [mailto-@coursera.org]
Sen~cember

23, 2013 3:09PM

To:~

Subject: Re: OFAC License request IA-2013-306301-1

DeartiDIGJ]

Thank you for your response to my inquiry to OFAC on 11/26/2013.

The courses that Coursera offers run the gamut in terms of the expected student
skill set and educational level. Most of them are intended for the undergraduate
education level. Some are derived from existing university courses that the
professor-instructor has converted into the MOOC format for the Coursera
platform. Others (maybe 15%) were developed specifically for the MOOC
platform. The full catalog of available courses is available on our site at
this aage.

Coursera currently has over 100 international partners. Most of them are
accredited institutions of higher learning (universities), but we have also
partnered with a few well-regarded organizations that offer courses in other
areas such as health and nutrition and teacher professional development. These
include the Museum of Modern Art in NYC, the American Museum of Natural
History, Match Teacher Residency, the New Teachers Center, and The World
Bank. The full list of Coursera's institutional partners can be found here.

We are very much looking forward to getting an advisory opinion from the
Treasury Department about how to proceed with our interactions with citizens of
sanctioned countries. Please let me know if I can provide any further
information. Thank you.

On Mon, Dec 23, 2013 at 10:59 AM, <

wrote:

~ regarding your request to the Office of Foreign Assets Control (OFAC),

cratecrTI7'26/2013, can you please let me know whether the courses offered by
Coursera are 1) undergraduate, and 2) from accredited universities? Thank you,

(b)(6)