UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

STATION PLACE 100 F STREET, NE WASHINGTON, DC 20549-2736 Office of FOIA Services

October 3, 2012

Mr. Vern McKinley 20745 Ashburn Station Place Ashburn, VA 20147 Re: Freedom of Information Act (FOIA), 5 U.S.C. 552 Request No. 12-06708-FOIA

Dear Mr. McKinley: This is our final response to your request, dated and received in this office on April 24, 2012, for records concerning the October 31, 2011, Financial Stability Oversight Council meeting to discuss developments regarding MF Global. Please be advised that we inadvertently assigned two FOIA control numbers to your request: 12-06708-FOIA and 12-06852-FOIA. The incorrect control number, 12-06852-FOIA, was canceled with final processing of your request being completed under 12-06708-FOIA. In completing our records search, we located 14 additional pages of responsive documents. After consulting with SEC staff, we have determined to release the enclosed five pages, with the exception of internal deliberations, which are exempt from release under Exemption 5, 5 U.S.C. 552(b)(5), 17 CFR 200.80(b)(5), for the following reason. Internal deliberations are protected by the deliberative process privilege embodied in Exemption 5. Three policy purposes have been held to constitute the basis for this privilege: (1) to encourage open, frank discussions on matters of policy between subordinates and superiors; (2) to protect against premature disclosure of proposed policies before adoption; and (3) to protect against public confusion that might result from disclosure of reasons and rationales that were not ultimately the grounds for an agencys decision.

Mr. Vern McKinley October 3, 2012 Page 2

12-06708-FOIA

In addition, we have determined to withhold nine pages of records that may be responsive to your request, under Exemptions 5 and 8, 5 U.S.C. 552(b)(5) and (8), 17 CFR 200.80(b)(5) and (8). Under Exemption 5, these records are protected by the deliberative process privilege mentioned above. Exemption 8 protects from disclosure records 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. Moreover, in our interim response letter of May 31, 2012, we withheld a 2-page document asserting FOIA Exemptions 4 and 5. Upon further review, we have determined to invoke Exemptions 5 and 8 in withholding the 2-page document. Under Exemption 5, these records are protected by the deliberative process privilege mentioned above. Exemption 4 does not apply to the document. I am the deciding official with regard to this adverse determination. You have the right to appeal our decision to our General Counsel under 5 U.S.C. 552(a)(6), 17 CFR 200.80(d)(5) and (6). Your appeal must be in writing, clearly marked "Freedom of Information Act Appeal," and should identify the requested records. Send your appeal to the Office of FOIA Services of the Securities and Exchange SEC located at Station Place, 100 F Street NE, Mail Stop 2736, Washington, D.C. 20549, or deliver it to Room 1120 at that address. Also, send a copy to the SEC Office of the General Counsel, Mail Stop 9612, or deliver it to Room 1120 at the Station Place address. If you have any questions, please contact Alysia Morrow of my staff at morrowa@sec.gov or (202) 551-8376. You may also contact me at foiapa@sec.gov or (202) 551-7900. Sincerely,

Jeffery Ovall FOIA Branch Chief Enclosure