In the context of extraordinary rendition and a request by English parliamentarians under the American Freedom of Information Act, the United States District Court for the District of Columbia defined the limitation in 5 USC § 552(a)(3)(E) for the release of information by services defined in the National Security Act of 1947.

Not just embassies are representatives of foreign nations, the court found. Representatives ineligible for FOIA release of information under the 2002 limitation include parliamentarians even if, under the laws of England, they are not representatives of the government, the court held on April 2, 2012 in the matter All Party Paliamentary Group on Extraordinary Rendition v. United States Department of Defense, docket number 09-2375.

The English committee, as well as agencies and instrumentalities of the United Kingdom, cannot file a request, but an attorney acting for himself may, and the dissemination to the foreign persons would be legal. The court considers the result inelegant but up to Congress to remedy. -- Clemens Kochinke, partner, Berliner, Corcoran & Rowe, LLP, Washington, DC.