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Arab Boycott - General (2)
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7634660
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Arab Boycott - General (2)
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The original documents are located in Box 4, folder "Arab Boycott - General (2)" of the John Marsh Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. Digitized from Box 4 of The John Marsh Files at the Gerald R. Ford Presidential Library HE WHITE HOUSE WASHINGTON Date 9-14-76 TO: Jack marsh FROM: Max L. Friedersdorf For Your Information Please Handle Please See Me E R GER AL D ALD LIBRARY FORD Comments, Please of here is final Other Per your requist, versum of Ribreoff amindment insert 71 EDD-PATS (12 pager) SENTE September 11 1976 3/28 p.m. All PART VI--DENIAL OF CERTAIN TAX BENEFITS FOR COOPERATION WITH OR PARTICIPATION IN INTERNATIONAL BOYCOTTS AND )no IN CONNECTION WITH THE PAYMENT OF CERTAIN BRIBES 28 SEC. 1061. DENIAL OF FOREIGN TAX CREDIT. (a) In General Subpart A of part III of subchapter N === (relating to income from sources without the United States) is amended by adding at the end thereof the following new section: 768 "SEC. 908. REDUCTION OF CREDIT FOR PARTICIPATION IN OR COOPERATION WITH AN INTERNATIONAL BOYCOTT. " (a) In General If a taxpayer, or a member of a controlled group (within the meaning of section 993 (a) (3)) which includes the taxpayer, participates in or cooperates with an international boycott during the taxable year (within the meaning of section 999 (b)), the amount of the credit allowable for the taxable year under section 901 shall be reduced by an amount equal to the product of-- "(1) the amount of the credit which, but for this section, would be, allowed under section 901 for the taxable year, multiplied by "(2) the international boycott factor (determined under section 999). QERALD FORD LIBRATTA mat 71E0D UNITED STATES SENATE -2- ITALIC OFFICE OF THE LEGIST " (b) Application with Section 275(a) (4) Section 275 (a) (4) shall not apply tc any amount of taxes denied credit under subsection (a). "or (b) Clerical Amendment. The table of sections for such subpart is amended by adding at the end thereof the following new item: 14 "Sec. 908. )R Reduction of credit for participation in or cooperation with an inter- 8ft national boycott. "oe it SEC. 1062. DENIAL OF DEFERRAL OF INTERNATIONAL BOYCOTT AMOUNTS. (a) Denial of Deferral Section 952 (a) (relating to == general definition of subpart F income) is amended- (1) by striking out "and" at the end of paragraph (1), (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof a comma, and the word (3) "and", and by adding at the end thereof the following new paragraph: of "(3) an amount equal to the product of-- 4 "(A) the income of such corporation other than income which "(1) is attributable to earnings and profits of the foreign corporation included in the gross income of a United States person under section 951 (other than by reason of this paragraph), or "(11) is described in subsection (b), GERALE FORD LIBRARY UNITED STATES SENATE CFFICE CENTIFE LEGISLATIVE COUNSEL land Edd - 2A - ALL ITALIO multiplied by " (B) the international boycott factor (as determined under section 999). 11 170 SEC. 1063. DENIAL OF DISC BENEFITS. (a) International Boycott Activity. Subparagraph (D) of section 995 (b) (1) (relating to distributions in qualified years) is amended to read as follows: f 4 " (D) the sum of-- " (i) one-half of the excess of the taxable income of the DISC for the taxable year, before reduction for any distributions during the year, over the sum of the amounts deemed distributed for the taxable year under subparagraphs (A), (B), and (c), and DRD UNITED STATES SENATE insuled OFFICE OF THE LEGISLATIVE COUNSEL -3- ALL ITALIQ 16 "(ii) an amount equal to the amount determined under clause (i) multiplied by the international boycott factor determined under section 999, and", 1708 SEC. 1064. DETERMINATIONS AS TO PARTICIPATION IN OR COOPERA- TION WITH AN INTERNATIONAL BOYCOTT. (a) In General Subchapter N of chapter 1 (relating to tax based on income from sources within or without the United States) is amended by adding at the end thereof the following new part: 1740 CAPS "Part V--International Boycott Determinations 4 "Sec. 999. Reports by taxpayers; determinations p8pt ic 1768 "SEC. 999. REPORTS BY TAXPAYERS; DETERMINATIONS. "(a) International Boycott Reports by Taxpayers = "(1) Report required If any taxpayer, or a. 1 member of a controlled group (within the meaning of section 993 (a) (3)) which includes the taxpayer, has operations in or related to-- "(A) a country (or with the government, a company, or a national of a country) which is on paragraph the list maintained by the Secretary (%3, 3 , or "(B) any other country (or with the government, a company, or a national of that country) in which STATE FORD UNITED STATES SENATE OFFICE OF THE LEGIS (ATIVE COUNSEL -3A- ALL ITALIO the taxpayer (or such member) had operations during the taxable year if the taxpayer or member knows or has reason to know that participation in or cooperation with an international boycott is required as a condition of doing business within such country or with such government, company, or national, -- the taxpayer shall report such operations to the Secretary at such time and in such manner as the Secretary prescribes. Participation and cooperation; requests therefor sc :: (2) SQUARTTS A taxpayer shall also report whether he or any member of a controlled group includes which/the taxpayer has participated in or cooperated with an international boycott at any time during the taxablè year, or has been requested to in with participate /or cooperate Ea/such a boycott, and, if so, connection with the nature of any operation in/which he participated in or cooperated with such boycott (or was requested to participate or cooperate). GERALD FORD LIBRARY used HEDD UNITED STATES SENATE -4- OFFICE Cr THE LOGISLATIVE COUNSEL ALL ITALIO "(3) List to be maintained. The Secretary shall maintain and publish not less frequently than quarterly a current list of countries which require or may require participation in or cooperation with an international boycott (within the meaning of subsection (b) 122XZX (3)): "(b) Participation In or Cooperation with an International Boycott. "(i) General rule. If the taxpayer donsucher member2/participates in or cooperates with an international boycott in the taxable year, all operations of the tax- in payer or such group in that country and 1 any other country which requires participation in or cooperation or a member of a controlled group (within the meaning of section 993 (a) (3)) (a)(3)) which includes with the boycott as a condition of doing business within that country, or with the government, a company, or a national of that country, shall be treated as operations in connection with which such participation or cooperation occurred, except to the extent that the a taxpayer can clearly demonstrate that a partici c/ (lar operation is a clearly separate and identifiable operation in connection with which he did not participate in or the taxpayer cooperate with an international boycott. FORD 5- insul 7/ED/7 ALL ITALIG (2) Special rule. (A) Non boycott operations. A clearly separate and "(2) Special rule (A) Non-boycott operations A clearly separate and identifiable operation of a person, or of a member of the controlled group (within the meaning of section 993 (a) (3)) which includes than person, in or related to any country within the group of countries referred to in paragraph (1) shall not be treated as an operation in or related to a group of countries associated in carrying out an international boycott if the person can clearly demonstrate that he, or that such member, did not zmoperatexwx participate in or cooperate with the international boycott in connection with that operation. #: (B) Separate and identifiable operations A taxpayer may show that different operations within the same country, or operations in different countries, are clearly separate and identifiable operations. FORD insult -6- EDD UNITED STATES SENATE FRICE OF THE LEGISLATIVE COUNSEL ALL ITALIC " (3) Definition of boycott participation and cooperation. For purposes of this section, a person participates in or cooperates with an international boycott if he agrees "(A) as a condition of doing business directly or indirectly within a country or with the government, a company, or a national of a country-- (i) to refrain from doing business with or in which is the object of the boycott a country / or with the government, companies, or nationals of that country; H (ii) to refrain from doing business with any United States person engaged in trade in a country is the object cf the boycott which / or with the government, companies, or nationals of that country; "(iii) to refrain from doing business with any company whose ownership or management is made up, all or in part, of individuals of a particular nationality, race, or religion, or to remove (or refrain from selecting) corporate directors who are individuals of a particular nationality, race, or religion; or "(iv) to refrain from employing individuals of a particular nationality, race, or religion; or rest 71EPP UNITED STATES SENATE -7- OFFICE OF THELESISLATIVE COUNSEL ALL ITALIC " (B) as a condition of the sale of a product to the government, a company, or a national of a that country, to refrain from shipping or insuring sweke product. on a carrier owned, leased, or operated by a person who does not participate in or ccoperate with an international boycott (within the meaning of subparagraph (A)). 11 (4) Compliance with certain laws This section shall not apply to any agreement by a taxpayer (or such member) "(A) to meet requirements imposed by a foreign country with respect to an international boycott if United States law or regulations, or an Executive Order, sanctions participation in, or cooperation with, that international boycott, "(B) to comply with a prohibition on the importation of goods produced in whole or in part in any country which is the object of an international boycott other than the United States), or "(c) to comply with a. prohibition imposed by a country on the exportation of products obtained in such country to any country which is the object of an international boycott (other than the United = States) 2000 - creat NEDD UNITED STATES SENATE OFFICE OF THE LEGISLATIVE COUNSEL -8- ALL ITALIO 1 (c) International Boycott Factor. " (1) International boycott factor. For purposes of sections 908 (a), 952 (a) (3), and 995 (b) (3), the inter- national boycott factor is a fraction, determined under regulations prescribed by the Secretary, the numerator of which reflects the world-wide operations of a person (or, (within the meaning of section 993(a)(3)) in the case of a controlled group 31 corporative CA which includes that person, done of the group) which are operations ^ in or related to a group of countries associated in carrying out an international boycott in or with which that person or a member of that controlled group has participated or cooperated in the taxable year, and the denominator of which reflects the world-wide operations of that person or group. For purposes of this subsection, the term 'world-wide operations' means operations in or related to countries other than the United States and its terrifories and possessions a LIBRARY GERALD FORD enut 7/EDD UNITED STATES SENATE OFFICE OF THE LEGISLATIVE COUNSEL -9- ALL ITALIO '(2) Specifically attributable taxes and income If the taxpayer clearly demonstrates that the foreign taxes paid and income earned by the taxpayer for the taxable year with 31- respect to his worldwide operations are attributable to M specific operations, then, in lieu of applying the inter- national boycott factor for such taxable year, the amount of the credit disallowed under section- 908 (a), the addition to subpart F income under section 952 (a) (3), and the amount of deemed distribution under section 995 (b) (1) (D) (ii) for the taxable year, if any, shall be the amounts specifically attributable to the operations in which the taxpayer participated in or cooperated with an international boycott under section 999 (b) (1). "(3) World-wide operations For purposes of this subsection, the term 'world-wide operations' means operations in or related to countries other than the United States. FORD i LIBRARY 71EbD ALL ITALNG UNITED STATES SENATE OFFICE OF THE LEGISLATIVE COUNSEL -9A- "(d) Detorminations With Respect to Particular Operations Upon a request made by the taxpayer, the Secretary shall issue a determination with respect to whether a particular operation of the taxpayer, or of a member of a controlled which includes the taxpayer group constitutes participation in or cooperation with an international boycott. The Secretary may issue such a determination in advance of which such operation in street cases 03 are of such a nature that an advance determination is possible and appropriate under the circumstances. If the request is made before the operation is commenced, or before the end of a taxable year in which the operation is carried cut, the Secretary may decline to such a determination Deliefore issue the operation is ended 012 the close of the taxable year, whichever first occurs. "(e) Special Definition of Controlled Group For purposes of sections 908 (a), 952 (a) (3), 995 (b) (3), and this section, a non-corporate entity (including an individual) may be treated as a member of a controlled group of corporations if that entity would be treated as a member of such group, on the basis of stock ownership (including constructive ownership within the rules of section 267 (c)) or otherwise, if it were a corporation. 3 - - 9B - " (e) Participation or Cooperation by Related Persons 111 If two or more corporations which are members of the same controlled group (within the meaning of section 993 (a) (3)) are controlled by 5x five or fewer persons- "(1) participation in or coopeaz cooperation with an international boycott by such a corporation shall be considered to be such participation is or cooperation by each of those persons, and 11 (2) participation in or cooperation with such a boycott by such a person shall be considered to be part such participation or cooperation by those corporations. is FORD LORLO insul 71EOD ALL ITALIC United STATES SENSTE digistative COUNSEL -10- (f) Willful Failure to Report. Any person (within the === meaning of section 6671 (b)) required to report under this section who willfully fails to make such report shall, in addition to other penalties provided by law, be fined not more than $25,000, imprisoned for not more than one year, or both.". (b) Clerical Amendment. The table of parts for such subchapter is amended by adding at the end thereof the following new item: 4 "Part V. International boycott determinations. (8pt) 728 SEC. 1065 FOREIGN BRIBES. expect (a) Denial of Deferral (1) Controlled foreign corporations. Section 952 (a) (relating to general definition of subpart F income) is amended (A) by striking out "and" at the end of paragraph (2), (B) by striking out the period at the end of paragraph (3) and inserting in lieu thereof a comma and the word "and", and (c) by adding at the end thereof the following new paragraph: BERALD FORD LIBRARY insult 71END UNITED STATES SENATE -10A- she LEGISLATIVE COUNTRY ALL ITALIC "(4) the sum of the amounts of any illegal bribes, kickbacks, cr other payments (within the meaning of section 162 (c)) paid by or on behalf of the corporation during the taxable year of the corporation directly or indirectly to an official, employee, or agent in fact of a government. If (2) DISCs. Subparagarph (n) of section 995 (b) (1) (relating to distributions in qualified years) is amended (A) by striking out "and" at the end of clause (i), ! (B) by adding at the end thereof the following new clause: "(iii) any illegal bribe, kickback, or other payment (within the meaning of section 162 (c)) paid by or on behalf of the DISC directly or indirectly to an official, employee, or agent in fact of a government, and" (b) Bribes Not to Reduce Foreign Earnings and Profits Section 964 (a) (relating to earnings and profits of foreign corporations) LS amended by adding at the end thereof the following sentence: "In determining such earnings and profits, or the deficit in such earnings and profits, the amount of any illegal bribe, kickback, or other payment (within the meaning of shall not be section 15 (c)) taken into account to decrease such earnings and profits 02 to increase such deficit. BERALD FORD LIBRAST UNITED STATES SENATE OFFICE/CE THE LEGISLATIVE COUNSEL ment EDD IL ITALIC SEC. 1066. EFFECTIVE DATES. (a) International Boycotts. (1) General rule. The amendments made by this (5 part (other than by section 1066) apply to participa- tion in or cooperation with an international boycott more than 30 days after the date of enactment of this Act. (2) Existing contracts. In the case of operations which constitute participation in or cooperation with an international boycott and which are carried out in accordance with the terms of a binding contract entered into before September 2, 1976, the amendments made by (5 this part (other than by section 1066) apply to such participation or cooperation after December 31, 1977. (b) Foreign Bribes The amendments made by section 1066 apply to payments described in section 162 (c) of the Internal Revenue Code of 1954 made more than 30 days after the date of enactment of this Act. -12 Must EDD UNITED SENATE give 65 THE LEGISLATIVE could ITALIO SEC. 1067. REPORTS BY SECRETARY. HILL (a) Reports To The Congress As soon after the close of each calendar year as the data become available, the Secretary shall transmit a report to the Committee on Ways and Means of the House of Representatives and to the Committee on Finance of the Senate setting forth, for that calendar year (1) the number of reports filed under section 999 (a) of the Internal Revenue Code of 1954 for taxable years ending with or within such taxable year, (2) the number of such reports on which the taxpayer indicated international boycott participation 3 or cooperation (within the meaning of section 999 (b) (2) of such Code), and (3) 3. detailed description of the manner in which the provisions of such Code relating to international boycott activity have been administered during such calendar year. (b) Initial List The Secretary of the Treasury shall publish an initial list of those countries which may require participation in or cooperation with an inter- national boycott as a condition of doing business within such country, or with the government, a company, or a national of such country, (within the meaning of section 999 (b) of the Internal Revenue Code of 1954) within 30 days after the enactment of this Act. 111170 SEP 15 1976 THE WHITE HOUSE WASHINGTON Date: 9-15-76 TO: Jach FROM: Robert K Wolthuis For your information X Please handle Other I think you well be interested in Hamilton creivs regarding the possibility of offering Stevenson as a substitute to Bingham - Rosenthel Bob DEPARTMENT OF STATE Washington, D.C. 20520 CONF IDENTIAL September 14, 1976 MEMORANDUM FOR: Mr. Robert Wolthius The White House Subject: Export Administration Act - Lee Hamilton's Views Hamilton told me at 3:30 that, in his judgment, any effort on the floor of the House would be counter- I productive. He said, should you stimulate a substitute amendment along the lines of the Stevenson amendment, you would be badly embarrassed in the vote. He said I recommend that you concentrate on the conference. He confirmed my impression that most of the HIRC members who voted for Bingham in fact have reservations. about its scope and would be inclined toward the Senate Stevenson position in conference. He said the selection of conferces will be critical. My advice to you, Lee said, is to go to Doc Morgan and indicate your concern. He normally, Lee continued, has chosen conferees on a basis of strict seniority. In this instance, that method would be highly favorable to your objectives since it would exclude Rosenthal and Bingham. He said the conferees would then be Morgan, Zablocki, Fascell and Fountain, Broomfield and Derwinski. With that lineup, it should be possible to assure the conferees will choose Stevenson rather than Bingham. Jents Kempton B. Jenkins Acting Assistant Secretary for Congressional Relations FORD E CONT IDENTIAL Determined to be Administrative Marking Date 12/3/85 By DAD THE WHITE HOUSE WASHINGTON September 15, 1976 MEMORANDUM FOR: THE PRESIDENT FROM: JACK MARSH As Floor action nears, pressures are increasing as to the Administration's position on the Export legislation particularly the Stevenson-Bingham Amendments. Some of these pressures are coming from American industry who are indicating the possibility that they can live with the Stevenson Amendment. A group of your advisers met last evening including representatives of NSC, EPB, Counsel's Office and Legislative Affairs. It is our view that there are five possible approaches to this matter which are: 1. Active Administration support for a modified Ribicoff Amendment. (There is some question as to whether such an amendment can be drafted but it should be considered as a possibility.) 2. Non-opposition and quiet support of the Adminis- tration of a modified Ribicoff Amendment intro- duced by Congressional leaders. 3. Active Administration support for a modified Stevenson Amendment (there is drafted language for such an amendment). 4. Non-opposition and quiet support for a modified Stevenson amendment introduced by others. 5. No action by the Administration to actively or quietly support any amendment but maintain a position of opposition until the Conference. As you are aware, the foreign policy implications of active support are significant and there are risks = FORD -2- involved for non-opposition and quiet support insofar as foreign policy questions are concerned. It was the consensus of the group that at least through Wednesday, until we can see how the situation developes on the Hill and the action in the Rules Committee, that we should take no steps for either active or quiet support but maintain the current posture against all amendments. However, the view was expressed that we should not totally abandon the possibilities of approach, which is non- opposition to the modified Stevenson Amendment. The manner in which the Tax Bill was handled and the dis- cussions involving the Ribicoff Amendment could influence ultimately any decision that you might wish to make. aral September 15, 1976 Boycole MEMORANDUM FOR: THE PRESIDENT FROM: JACK MARSH As Floor action nears, pressures are increasing as to the Administration's position on the Export legislation particularly the Stevenson-Bingham Amendments. Some of these pressures are coming from American industry who are indicating the possibility that they can live with the Stevenson Amendment. A group of your advisers met last evening including representatives of NSC, EPB, Counsel's Office and Legislative Affairs. It is our view that there are five possible approaches to this matter which are: 1. Active Administration support for a modified Ribicoff Amendment. (There is some question as to whether such an amendment can be drafted but it should be considered as a possibility.) 2. Non-opposition and quiet support of the Adminis- tration of a modified Ribicoff Amendment intro- duced by Congressional leaders. 3. Active Administration support for a modified Stevenson Amendment (there is drafted language for such an amendment). 4. Non-opposition and quiet support for a modified Stevenson amendment introduced by others. 5. No action by the Administration to actively or quietly support any amendment but maintain a position of opposition until the Conference. As you are aware, the foreign policy implications of active support are significant and there are risks BERALD FORD LIBRARY at -2- and involved for non-opposition and quiet support Les insofar as foreign policy questions are concerned. It was the consensus of the group that at least through Wednesday, until we can see how the situation developes on the Hill and the action in the Rules Committee, that we should take no steps for either active or quiet support but maintain the current posture against all amendments. However, the view was expressed that we should not totally abandon the positbilities of approach, which is non- opposition to the modified Stevenson Amendment. The manner in which the Tax Bill was handled and the dis- cussions involving the Ribicoff Amendment could influence ultimately any decision that you might wish to make. JOM/dl FORD & LIBRA 078839 THE WHITE HOUSE WASHINGTON September 15, 1976 MEMORANDUM FOR: DICK CHENEY FROM: JACK MARSH You should be aware that the House Rules Committee this afternoon granted a rule on the Export Administration Bill by a vote of 9-6. Also, the Rules Committee voted against granting a rule on the Strip Mining Bill by a vote of 9-5 with one not voting. The B FORD FINAL SEP 1976 You should know The New York Times, on Tuesday, in an editorial Could the legislation make it impossible for entitled "The Arab Boycott," addressed itself to leg- American ships to call at Arab ports? We think SO. islation now being considered by the U.S. Congress, Could the legislation lead to inadvertent viola- which in effect would either. penalize American tions of criminal law by individuals in U.S. compa- companies or prohibit them from doing business nies? We think so. with and/or in Arab countries. We applaud The In our view, the end result of this sweeping leg- Times for examining the implications of this legista- islation could be to jeopardize America's ability to tion; moreover, there are portions of the editorial acquire vital Arab oil. with which we fully agree. It could foreclose to the U.S. economy all op- We agree. for example, that a boycott whose portunity to participate in the vast recycling of pet- motivation is solely religious discrimination is TEX rodollars. which now total some tens of billions of pugnant and unacceptable to the American way of dollars annually-a sum that is constantly growing. life. [The Arab nations insist the boycott is not based The legislation could, by foreclosing American on religion.] Indeed, there is already a body of U.S. business (oil: or others): from Arab markets, be the law which makes such discrimination illegal, and most gigantic subsidy for foreign business ever en- we support those laws. acted by Congress-a Marshalt Plan for America's We think The Times has made a contribution competitors abroad. in speaking out on this issue. and in beginning an Finally, we don't believe it practical: to try to examination of what sort of legislation, if any, is enact punitive legislation in an area in: which you appropriate. The purpose of this message is two- have little OF no: leverage, and at this juncture and fold: first, to join in the debate and second, to pre- for the foreseeable future, the United States needs sent more fully the consequences to the American Arab oil more than the Arabs need U.S. goods and people and the American economy if pending legis- know-hown lation becomes law. First, some relevant facts: America, we fear, might be reduced to a sec- ond-rate economic power; our citizens, to a second- Fact No. 1. America imports roughty 40% of the oillit uses. rate standard of living. That's why we think this Fact No. 2. About one-third of this imported oil issue is so important and why we welcome The New comes from Arab countries, and this proportion is York Times" suggestion of more time for discussion. growing every day. We believe that this issue has such vast foreign Fact No. 3. Even if this country develops and policy and security implications that legislation implements policies that will permit fuller develop- should only be enacted after the fullest debate and ment of our energy resources. America will still only after adequate rellection on the implications become increasingly reliant on Arab oil, particularly and consequences of what is best for the United in the next decade. There is simply no way around States. that fact of life. American economic growth, Ameri- More than that, we want your voice heard. if jobs, the American lifestyle-all will depend to a you would like a copy of this legislation, write to growing degree on energy from the Arab nations. Box B, Mobil Oil Corporation, 150 East 42nd Street, Against this background. the Senate has al- New York, N.Y. 10017. Read it. Then ask your Con- ready passed, and the House is now considering, gressman what he thinks. We'd even like to hear his. amendments to the Export Administration Act. We views, after me relays them back to you. have studied the proposed legislation. And we have This may be among our more unpopular mes- major questions as to its impact. For example: sages. But it is better to focus on consequences Could the legislation make it impossible for now, rather than try later to salvage something out American companies to import Arab oil into the of economic chaos. Please don't think that we are United States? We think SO. blind or insensitive to the emotions involved on all Could the legislation make it impossible for sides of these issues. What we are pleading for is American manufacturers to sell goods to Arab that the issues be fully debated. To enact legislation countries? We think so. as amendments to expart-control or tax laws, par- Could the legislation make it impossible for ticularly in an election year, and with less than ade- American banks to finance trade between the U.S. quate debate and reflection as to consequences, and Arab countries? We think so. will not be in America's best interests. FORD Mobil Mobil 1100 CONNECTICUT AVENUE, N.W. WASHINGTON, D.C. 20036 The Honorable John Marsi The White House Washington, D. C. NC SNIHSOM RECEP. THE AND WHITE SECURITY HOUSE UNIT 1976 SEP 15 PM 12 Executive Office Building Mailroom Entrance on 17th St. , near Pennsylvania Ave. SEP 1 6 1976 10215 THE WHITE HOUSE WASHINGTON September 15, 1976 MEMORANDUM FOR: JACK MARSH BRENT SCOWCROFT MAX FRIEDERSDORF FROM: ED SCHMULTS Q SUBJECT: Consequences of a Possible Expiration of the Export Administration Act I am advised by Commerce that no problems of any consequence will occur if the Export Administration Act is permitted to expire. Commerce believes that all of the authorities under the Act may be exercised under the Trading with the Enemy Act. In fact, the Export Administration Act has expired three times during the recent past for periods up to a month with no problems occurring. The Commerce view is confirmed by Jack Goldklang, Office of Legal Counsel at Justice, who is knowledgeable in this area. The only possible problem that anyone sees is the possibility that a person upon whom a sanction might be levied might assert that the authority to levy such a sanction is ambiguous under the Trading with the Enemy Act. FORD is LIBRARY alvay Washington Post Monday, September 20, 1976 No American Boycott T HE ARABS' DECISION to establish an Arab boy- vantage to themselves in ignoring the boycott than in cott of Israel is their business. But their attempt enforcing it. In the past, American companies had lit to establish an American boycott of Israel is some- tle incentive to help bring the Arabs to this sensible thing very different. It runs against American inter- view of their own self-interest. Now the American ests, American values and the American grain. That companies have an incentive. Now, too, an American is the elementary distinction made by the Congress company declining to participate in the Arab boycott in writing anti-secondary-boycott provisions into the will not face the same risk of paying a financial pen- tax reform bill. Whether a tax bill should be the vehi- alty for honoring the United States' longstanding an- cle for a measure related to foreign policy is an inter- ti-secondary-boycott policy. esting question for the lawyers. The rest of us can One needs to step back a pace. We think it entirely take satisfaction that legislative teeth are being put healthy and useful that the boycott issue has come to into the diplomatic jawbone wielded quietly by the the fore. It goes to the basic framework in which the administration in the last few years. It is precisely in United States and the Arab world are trying to ex- those last few years, of course, that the Arabs' prac- pand and deepen a relationship that has been, until tice of a secondary boycott, one directed at American relatively recently, narrow and formal and some- firms that trade with Israel or that have Jewish or times even antagonistic. That there is potential for "Zionist" officers, has spread to encompass business great mutual advantage in the relationship is evident deals measured in the hundreds of millions of dollars. to everyone. That is all the more reason to try to Seldom has the inadequacy of diplomacy and the ne- move it forward on the basis of mutual respect. It cessity for legislation been SO overwhelmingly dem- makes no more sense for Arabs to demand that onstrated. Americans now boycott Israel than for Americans to Opponents of the new legislation argue, in effect, demand that Arabs now trade with Israel. We would that Arab nations are so determined to compel Amer- not contend that, for all Arabs, it is easy to accept-the icans to support their boycott of Israel that, if flout- ways of the open international system they are trying ed, they will take their billions in business elsewhere to join. Arab states have made impressive progress, and perhaps even diminish the flow of their oil. No however, in halting discrimination against American one would be surprised if some Arab-American deals (or other foreign) firms and individuals on strictly re- are junked in conspicuous and symbolic protest. But ligious or ethnic grounds. The administration's diplo- it is demonstrably false that gaining American sup- macy, by the way, has been quite effective in this re- port of their boycott is SO important to the Arabs gard. It will be harder for Arabs to accept that they that, to that end, they will jeopardize the thick eco- cannot force Americans to discriminate in trade nomic and political ties they have built up SO care- against a third country. But it denigrates their intel- fully with the United States in recent years. Arabs ligence, and it underestimates their general passion are spending billions on arms produced by the very for modernization, to say that they must stick fast in manufacturers who sell to Israel, for instance. They their traditional ways. Certainly Americans should are doing so presumably because they see more ad- not be encouraging them to do SO. SEP 2 1 1976 THE WHITE HOUSE WASHINGTON September 20, 1976 MEMORANDUM FOR: JACK MARSH BRENT SCOWCROFT MAX FRIEDERSDORF FROM: ED SCHMULTS @ SUBJECT: Consequences of a Possible Expiration of the Export Administration Act Regarding my earlier memorandum, dated September 15, 1976 (copy attached), you should note that the Congressional Research Service has expressed the view that the boycott regulations promulgated under the Export Administration Act may not be supportable under the Trading with the Enemy Act. Justice and Commerce disagree with this conclusion and I believe they have by far the better end of the argument. I mention the Congressional Research Service view because it might provide the basis of a political attack on the President if he permits the Export Administration Act to expire. This would be a double barrel attack, i.e., not only has the President blocked strong anti-boycott legislation, but his own action in November 1975 to prohibit discriminatory practices in this country has also terminated. Attachment FORD & LIBRARY GIVE September 15, 1976 MEMORANDUM FOR: JACK MARSH BRENT SCOWCROFT MAX FRIEDERSDORF FROM: ED SCHMULTS SUBJECT: Consequences of a Possible Expiration of the Export Administration Act I am advised by Commerce that no problems of any consequence will occur if the Export Administration Act is permitted to expire. Commerce believes that all of the authorities under the Act may be exercised under the Trading with the Enemy Act. In fact, the Export Administration Act has expired three times during the recent past for periods up to a month with no problems occurring. The Commerce view is confirmed by Jack Goldklang, Office of Legal Counsel at Justice, who is knowledgeable in this area. The only possible problem that anyone sees is the possibility that a person upon whom a sanction might be levied might assert that the authority to levy such a sanction is ambiguous under the Trading with the Enemy Act. 8. FORD Sand FORDO to Breat done 9/21 all MEMORANDUM SEP 20%M CHARLS E. WALKER DATE 9/20/76 To Jeck Mersh: Some new strategy. by (I'libe at home tonite + in office tomorrow.) September 20, 1976 Memorandum re: Bingham Amendment to Export Administration Act/Strategy 1. H. R. 15377 is at the top of the list of legislation to be considered on the House floor Wednesday and Thursday of this week, (Monday and Tuesday are reserved for Suspension Calendar). The prin- cipal objective should be to get this legislation placed at the bottom of the list for this week since there are two or three pieces of major legislation which would probably take up the balance of the legislative time available this week. NAM, Chamber of Commerce, ECAT, and indi- vidual companies should focus their attention on the House Leadership and sympathetic congressmen to the effect that Bingham is a counter- boycott and goes way beyond what is necessary to protect the rights of U. S. citizens and could have serious and unnecessary repercussions on U. S. business and U. S. foreign policy. We can live without the Export Administration Act if we have to for a few months. Efforts should be directed at congressmen, particularly Democrats, who have some Jewish influence in their districts as well as industry involved in export to the Middle East. The objective should be to encourage these congressmen to indicate to the Leadership that they are getting intense pressure from both sides and don't really want to vote on this issue before the elections. Delay is the only way out for everyone; i.e., coming back with a short-term extension of six months to one year of the Export Administration Act in the last days of the session. 2. Assuming that this strategy will not be wholly successful, there are three approaches that can be taken on the floor: a. Simply let the Bingham Amendment go through without any opposition except statements of the Administration spokes- men that the legislation is "unacceptable." The proponents of this legislation will most probably push for a record vote at some stage, in any event, and without an alterna- tive, very few Congressmen will actually vote "no" on Bingham. b. Convince someone like Jim Collins of Texas who wrote the Minority views to the House Commerce Committee report to move to strike or move to recommit. This will surely evoke a response from the proponents and result in a very large vote in the House, locking the House conferees in on the Bingham amendment. (The strategy here would be to create a deadlock in conference by getting the Senate conferees to go no further than Stevenson.) Again, the Administration only states that this legislation is "unacceptable" including Stevenson. C. Let Bingham go through but have several sympathetic Con- gressmen from safe districts raise questions on the floor FORD about the great risks involved and state that Bingham goes too far by instituting a counter-boycott. This would not stop the legislation, but would at least publicly state some arguments that could later be used to support a veto. - 2 - 3. The next major objective should be to try to keep any con- ference from starting prior to Monday, September 27. Stan Marcus and Gil Bray, Senate staff, should be encouraged to hold tight to Stevenson and not work with the House staff over the weekend on compromise language. Once the bill gets to conference, Senator Tower should be encouraged by the business community, but not directly by the President, to go no further than Stevenson. The Senate conferees will likely be the Sub- committee, and with enough work from the business community it would be possible that a majority of the Senate conferees could be convinced to hold tight for their language with absolutely no changes. The major risk here is that such a move would be successful, and that the House would, at the urging of the Jewish organizations, recede completely to the Stevenson language. Such a bill would be much harder to veto. While Morgan, Zablocki, Taylor, and Hamilton might be satisfied to ultimately see a deadlock on this issue, it would be very difficult to involve them in any intricate strategy to produce the same. They probably would vote to recede to the Senate language. This would probably be true also of any Republican House conferees. Even this procedure might, however, use up enough time so that the President could then pocket veto the legislation. 4. The next point of delay would be to have a few Senators filibuster the Conference Report on the Senate floor. To make such a strategy successful, ideally, the bill should not reach the floor of the Senate before Thursday, September 30, and even that may be cut- ting it too close to avoid a cloture vote. The key here is probably Byrd of West Virginia who has been most instrumental in the past in organizing cloture votes. Mansfield apparently won't be available before October 2. The foreign policy risks might be appealing to Byrd who could somewhat control the Senate scheduling. 5. The overall objective would be to delay final Congressional consideration of the Conference Report until the session expires on October 2. If a deadlock holds or a filibuster appears on October 1 or 2, there might be a chance to report out only a simple extension and the issue would never reach the President's desk. However, given the course of this legislation to date, it is highly unlikely that this strategy will succeed, and it must be assumed throughout that the President is going to be faced with a veto decision. Hopefully, that would come in the context of a pocket veto, but in any event, should be maneuvered so that a vote on override and suspension will not come up until after the elections if the Congress does not adjourn sine die on October 2. We must also assume that, in the final analysis, the proponents of this legislation might prefer to have some legislation enacted-- even if only Stevenson--prior to adjournment or recess on October 2. Thus, there will be pressure on the Administration to come up with an "acceptable compromise" that the conferees can adopt, or to simply "take" Stevenson as it is, as the "most nearly acceptable" with "clari- fying" report language. If a pure Stevenson amendment is reported from conference with the support of the Jewish organizations and labor, the case will be made to the Administration that this is the most moderate legislation Congress could pass (softened by report language); the President him- self said some legislation might be necessary; it goes no further than - 3 - Ribicoff and a veto by the President would show that he didn't really mean what he said to B'nai B'rith and other Jewish leaders recently. The proponents will allege this will cost Ford the support of the Jewish voters. This may be an empty threat since the liberals in the Jewish community and labor won't support Ford in any event, and those in these groups that now support Ford do so for other reasons than support of Israel and are, in the whole, unlikely to be swayed solely by this issue from that support. The strategy should be based on a decision between two apparently mutually exclusive objectives: (a) Further legislation of any kind on this issue must be blocked or vetoed in order to prevent any negative reaction on the part of the Arab states. The Administration must not "shift" position and this has the ultimate priority over domestic politics. In this case, the President should have the worst possible amendment to veto (Bingham) and cannot af- ford to get "trapped" with Stevenson or anything close to it; TOUG (b) A modified Stevenson might be acceptable and explainable to the Arabs if it does not infringe on their sovereignty and, if not obtained, anything else could be vetoed with a minimum of adverse, domestic political effect. Again, care must be taken to not get trapped with a "pure" Stevenson. The only sure way to achieve (b) is with an Administration "substitute" on a take-it-or-leave-it basis (consistent with Ribicoff compromise and B'nai B'rith speech). Preferably, this should be made on the floor of the House to get maximum exposure, but in any event, clearly stated in conference. At least the outcome is certain--a modified Stevenson or no legislation because of a veto. The latter is the more probable result given the course of this legislation to date and the strength of the proponents. The result has a high degree of certainty as to outcome in (b) and the strategy is not intricate, subtle or difficult to carry out. Either the conferees and Jewish groups pushing Stevenson and Bingham totally cave in to get "some" legislation or they overreact and the Senate recedes to the House in large degree since even Stevenson is "unacceptable" and they cannot modify it further. The veto is then easier and political losses are minimized domestically. The strategy under (a) is more intricate and less controllable. The proponents can throw a curve by receding to the Senate language, particularly if there is not a clear veto threat but only "spokesmen" saying it (pure Stevenson) is unacceptable. Proponents can allege that they caved; a pure Stevenson is no more than the President out- lined in his speech to B'nai B'rith; and he thus has broken his word to the Jewish communities, etc. There just is no sure way under (a) to conduct the strategy SO as to end up with a "Bingham" amendment out of conference and a "good" veto certainty lies with a strategy based on (b). Strategy based on (a) is doable but unpredictable with- out an "insider" of considerable influence among both the House and Senate conferees, particularly, the House and that has to be a Democrat. The unknown in (b) is whether the Arabs will' perceive and understand the gambit. Committee on International Relations Democrats Thomas E. Morgan (Pa.), Chairman Clement J. Zablocki (Wis.) L. H. Fountain (N. C.) Dante B. Fascell (Fla.) Charles C. Diggs, Jr. (Mich.) Robert N. C. Nix (Pa.) Donald M. Fraser (Minn.) Benjamin S. Rosenthal (N.Y.) Lee H. Hamilton (Ind.) Lester L. Wolff (N. Y.) Jonathan B. Bingham (N.Y. Gus Yatron (Pa.) Roy A. Taylor (N. C.) Michael Harrington (Mass.) Leo J. Ryan (Calif) Donald W. Riegle, Jr. (Mich.) Cardiss Collins (Ill.) Stephen J. Solarz (N.Y.) Helen S. Meyner (N.J.) Don Bonker (Wash.) Gerry E. Studds (Mass.) (4 vacancies) Republicans William S. Broomfield (Mich.) Edward J. Derwinski (Ill.) Paul Findley (Ill.) John H. Buchanan, Jr. (Ala.) J. Herbert Burke (Fla.) Pierre S. (Pete) duPont (Del.) Charles W. Whalen, Jr. (Ohio) Edward G. Biester, Jr. (Pa.) Larry Winn, Jr. (Kans) Benjamin A. Gilman (N. Y.) FORD Tennyson Guyer (Ohio) Robert J. Lagomarsino (Calif.) Subcommittee on International Trade and Commerce Democrats Republicans Jonathan B. Bingham, Chairman Edward G. Biester, Jr. Donald M. Fraser Charles W. Whalen, Jr. Roy A. Taylor Don Bonker Gerry E. Studds Committee on Banking, Housing and Urban Affairs Democrats William Proxmire (Wis.), Chairman John Sparkman (Ala.) Harrison A. Williams, Jr. (N. J.) Thomas J. McIntyre (N. H.) Alan Cranston (Calif.) Adlai E. Stevenson (I11.) Joseph R. Biden (Del.) Robert Morgan (N. C.) Republicans John Tower (Tex.) Edward W. Brooke (Mass.) Bob Packwood (Ore.) Jesse Helms (N. C.) Jake Garn (Utah) Subcommittee on International Finance Democrats Adlai E. Stevenson, Chairman William Proxmire Harrison A. Williams Thomas J. McIntyre Alan Cranston Joseph R. Biden Republicans Bob Packwood John Tower Jesse Helms Jake Garn For your information DONALD E. SMILEY Manager-Washington Office EXXON CORPORATION Suite 1014 1025 Connecticut Avenue, N.W. Washington, D. C. 20036 (202) 833-8100 aral September 21, 1976 Boycott Dear Don: Just a short note to thank you for your recent note together with the copy of the mailgram to Members of the House of Répresentatives in reference to the Export Administra- tion Act. with kindest personal regards, I am Sincerely, John 0. Marsh, Jr. Counsellor to the President Mr. Donald E. Smiley Manager-Washington Office Exxon Corporation Suite 1014 1025 Connecticut Avenue, N.W. Washington, D. C. 20036 dl FORD : LIBRARY 038830 MAILGRAM TO EVERY MEMBER OF U. S. HOUSE OF REPRESENTATIVES FOR DELIVERY ON THURSDAY MORNING, SEPTEMBER 9, 1976; SEP The International Relations Committee recently voted to attach an antiboycott amendment to the Export Administration Act, H.R. 7665. We are greatly concerned by the implications of this action. The prohibitions of the amendment are so far reaching that economic relations between this country and Arab nations could be effectively precluded. The reason is that the amendment would in effect outlaw compliance with the laws of Arab countries which regulate the origin of imports into their territory and the destination of exports therefrom, including the export of crude oil This would apply whether. a U.S. company or its affiliate were to -- operate in, or solely purchase oil from, an Arab country: Currently the U.S. depends on these countries for more than forty per cent of its crude oil imports. Moreover, last year the U.S. exported more than five billion dollars worth of goods and services to Arab countries. The proposed legislation while prohibiting discrimination for reasons of race, religion or national origin, is 50 sweeping that it goes far beyond this objective which Exxon has long supported. In any case such unlawful discrimination is already dealt with by existing legislation. For the foregoing reasons we urge you to oppose this and other related pending legislation which could only do damage to:U.S. interests and relations without effectively combating the Arab boycott. Indeed such legislation could very well result in a stricter enforcement of Arab boycott practices and country's jeopardize our contry's ability to meet its ever increasing needs for oil imports. H. C. Kauffmann 080 President Exxon Corporation 1025 Connecticut Avenue, N. W. Suite 1014 Washington, D. C. 20036 1025 CONNECTICUT AVENUE, N.W. SUITE 1014 WASHINGTON, D.C. 20036 Mr. John Marsh HING The White House Washington, D. C. RECE HITE SECURITY HOUSE UNIT 1976 AM 11 06 THE WHITE HOUSE WASHINGTON Date Sept. 21, 1976 TO: JACK MARSH FROM: CHARLES LEPPERT Please Handle For Your Information Per Our Conversation Other: FORD i LIBRARY LIB 07 ARY Da Sept. 21, 1976 94th Congres: Question: Will you oppose the Export Administration bill, H.R. 15377 if it contains the Rosenthal/Bingham anti-boycott language? Tally Shee Western and Plains (Talcott) Midwestern States (Myers) Yes No Und. N/R Yes No Und. N/R California Indiana Bell Hillis Burgener Myers Clausen Iouxa Clawson Grassley Goldwater Michigan SPICIFIC Broomfield Ketchum Brown Lagomarsino (ARW) Cederberg McCloskey Esch O/T Moorhead Hutchinson Rousselot Ruppe O/T Talcott lianing MD Vander Jagt Wiggins Minnesota Wilson Frenzel (ARW) Pettis Hagedorn Alaska Quie Young Wisconsin Arizona Kasten Conlan Steiger Rhodes Ohio Steiger Ashbrook Colorado Brown (ARW) Armstrong (ARW) Clancy Johnson Devine Idaho Gradison O/T Hansen Guyer Symms Harsha New Mexico Kindness Lujan Latta Washington Miller Pritchard Mosher Kansas Regula Sebelius Stanton Shriver Whalen Skubitz Wylie Winn Illinois Nebraska Anderson McCollister off Crane Smith Derwinski Thone (ARW) Erlenborn North Dakota Findley (ARW) Andrews Hyde Oklahoma Madigan Jarman McClory South Dakota Michel Abdnor O'Brien Pressler Railsback Total 5 5 10 15 Total 10 6 16 9 Total pages 1 and 2 30 33 44 37 1 REPUBLICAN WHIP-ROBERT H. MICHEL 94th Congres uestion: N.R.15377 Tally She Border and Southern (Young) New England and Mid-Atlantic (McDade) Yes No Und. N/R Yes No Und. N/R aryland Connecticut Gude McKinney Holt Sarasin Bauman Delaware issouri duPont Taylor (ARW) Maine entucky Cohen Carter Emery Snyder Massachusetts ennessee Conte (ARW) Beard Heckler Duncan New Hampshire T Quillen Cleveland lorida New Jersey Bafalis Fenwick Burke Forsythe Rinaldo Frey Kelly leaving Vermont Young Jeffords orth Carolina New York Broyhill Conable Martin Fish outh Carolina Gilman Spence irginia Horton Butler Kemp Daniel Lent Robinson McEwen Wampler Whitehurst (ARW) leaved Mitchell (ARW) Peyser labama Walsh Buchanan Wydler Dickinson Pennsylvania Edwards Biester rkansas Coughlin Hammerschmidt Eshleman ouisiana Goodling Moore Heinz Treen Johnson (ARW) [ississippi McDade leaving no Cochran Myers Lott. Schneebeli eras Schulze Archer leaning Shuster Collins Steelman maybe O/T Total 4 15 10 is Paul & Total 11 7 8 8 (Rev. Mar. 1975) 2 APRARI 50-323-1 CPO September 22, 1976 MEMORANDUM FOR: MAX FRIEDERSDORF FROM: JACK MARSH Pept 19767] We should anticipate that sometime this afternoon the President may wish to consider the Arab Boycott matter insofar as guidance to the conferees is con- cerned. Depending on what happens in the House, there are several likely alternatives: 1. Support a compromise amendment in Conference. 2. Oppose any modification in preparation for a veto. 3. Accept, passively, action of the Conference. I suggest that you take steps to ascertain as quickly as possible current views and attitudes on the Hill as to the status of things on the Hill. Also, your views on what might be done to get favor- able confermes. JOM/dl GREATE FORD FIBRARY September 23, 1976 MEMORANDUM FOR: JIM CANNON ALAN, GREENSPAN BRENT SCOWCROFT BILL SEIDMAN FRANK ZARB FROM: JACK MARSH It appear quite likely the House and Senate conferees on the Export Bill will agree to a very restrictive boycott amendment. If this does occur, we should begin efforts to study the impact of such legislation, particularly in the an economic and energy perspective. These inputs will be essential for the President when he addresses the bill after it comes down from the Hill. The nuclear amendment should also not be overlooked and the information on its impact should be made available to the President. CC: Dick Cheney Jim Cavanaugh Max Friedersdorf Bill Gorog JOM/dl FORD i LIBRARY 938839 boycott September 25, 1976 MEMORANDUM FOR: ED SCHMULTS FROM: JACK MARSH I think it would be helpful if you would simply tough base with J. T. Smith or Elliot Richardson just for the purpose of maintaining communications and contact. Elliot gave me a call just before he left for a trip on Thursday and indicated his desire, which I believe I mentioned to you, about having Commerce people go up to the Hill to see what kind of a deal they could get with the conferees. Elliot went out of town and I did not get back to him and, therefore, I think it might be helpful for communi- cation purposes if you would touch base with J.T. Smith, who Elliot designated to be his representative in this regard. My guess is that if this thing becomes troublesome, we will have alot of people second guessing us by saying that we would have taken the Stevenson Amend- ment early on and gotten out of this whole thing. I am already getting this view and I suspect thathhat probably has some merit, but the problem is that we did not do it six weeks or several months ago for reasons which you know and we have to play the ball from where it is. I would like to minimize internal kibitsing of what we did or did not do. JOM/d1 FORD s LIBRARY 9ENALD THE WHITE HOUSE WASHINGTON September 27, 1976 FOR: JACK MARSH FROM: BRENT SCOWCROBB Attachment 1:10 p.m., Monday, September 27, 1976 Press Release Issued by the Saudi Arabian Embassy in New York The Foreign Minister of Saudi Arabia categorically denies the Washington Post story this morning that Saudi Arabia has indicated that it would stop its rapidly growing oil shipments to the United States if developments hypothetically raised in the story occur. His Royal Highness Prince Saud Al-Faisal, Saudi Arabia's Foreign Minister, today said in New York: "Saudi Arabia believes strongly in cooperation, not confrontation. It seeks to work out its relations with America and all other nations of the Free World constructively and with moderation. "As Saudi Arabia's Foreign Minister, I have had constructive discussions during my current visit, with the President of the United States and a number of Senators and Congressmen; and there has been absolutely no intimation of anything except the desire of our country and indeed all the Arab World for a strongly and mutually beneficial relationship with America. "As for the three-decade old Arab boycott of Israel currently in the news, Arab officials have made clear again and again over the years that it is an economic tool as legitimate as similar American boycotts in effect now and in the past. It involves no religious or racial discrimination and applies to all groups. As long as the state of belligerency between Israel and the Arab countries remains, the boycott will continue. In truth, we do not understand how a boycott by the Arabs against Israel can be a basis for action in the United States. FORD - 2 - "As has been explained to us by many Americans, pending legislation would, however, affect trade between the United States and Arab countries in that it would penalize American workers and businesses trading with the Arab World. But all that is a matter for Americans to resolve among themselves and requires no Arab response. If commerce is cut off between the Arab countries and the United States, that would be the result not of anything done by the Arabs but the conse- quence of action taken here against Americans trading with the Arab countries. "America and Saudi Arabia and, indeed, the entire Arab World have had a long and constructive relationship. It is broader and deeper now than ever before. I am confident that the United States and the Arab World will continue to have a mutually useful and rapidly growing relationship of the most fundamental kind. " (Dictated by Miss Judy Noonan -- 212/421-4520) is FORD LIBRA Unite House 2 DL 3 WHB018(1821) (2-051785E271)PD 09/27/76 1821 4 5 ICS IPMMTZZ CSP 1976 27 PM 7 31 & 2122490100 TDMT NEW YORL NY 77 ø9-27 ø621P EST 7 8 PMS PRESIDENT GERALD FORD 1976 SEP 28 , WHITE HOUSE DC 10 " THE ORGANIZED JEWISH COMMUNITY URGENTLY REQUESTS YOUR ADMINISTRATION 12 TO TAKE ALL POSSIBLE MEASURES TO ASSURE THE FINAL ADOPTION OF THE 13 14 ANTI BOYCOTT LEGISLATION NOW BEFORE CONGRESS. ECONOMIC BLACKMAIL 15 MUST BE RESISTED; AMERICA CANNOT SELL ITS MORAL PRINCIPLES FOR OUL 16 17 OIL MONEY. IT MUST NOT BECOME THE INSTRUMENT FOR FURTHERING THE 18 FOREIGN POLICY AIMS OF NATIONS WHOSE PURPOSES ARE INIMICAL TO OURS. 19 20 THE CONFERENCE OF PRESIDENTS OF MAJOR AMERICAN JEWISH ORGANIZATIONS 21 ASK YOUR PERSONAL INTERVENTION TO THAT END 22 23 RABBI ALEXANDER M SCHINDLER, CHAIRMAN 24 NNNN 25 26 FORD 079339 LIBRARY 1 2 3 4 (2-051785E271)PD 09/27/76 1821 $ 5 ICS IPMMTZZ CSP 6 7 2122490100 TDMT NEW YORL NY 77 09-27 0621P EST MAIL ROOM WHITE HOUSE ISE C 8 PMS PRESIDENT GERALD FORD 1976 SEP 28 AM 9 03 9 WHITE HOUSE DC 10 " THE ORGANIZED JEWISH COMMUNITY URGENTLY REQUESTS YOUR ADMINISTRATION 12 13 TO TAKE ALL POSSIBLE MEASURES TO ASSURE THE FINAL ADOPTION OF THE 14 ANTI BOYCOTT LEGISLATION NOW BEFORE CONGRESS. ECONOMIC BLACKMAIL 15 16 MUST BE RESISTED; AMERICA CANNOT SELL ITS MORAL PRINCIPLES FOR OUL ( 17 OIL MONEY. IT MUST NOT BECOME THE INSTRUMENT FOR FURTHERING THE 18 19 FOREIGN POLICY AIMS OF NATIONS WHOSE PURPOSES ARE INIMICAL TO OURS. 20 THE CONFERENCE OF PRESIDENTS OF MAJOR AMERICAN JEWISH ORGANIZATIONS 21 22 ASK YOUR PERSONAL INTERVENTION TO THAT END 23 RABBI ALEXANDER M SCHINDLER, CHAIRMAN 24 25 NNNN 26 THE WHITE HOUSE WASHINGTON September 27, 1976 MEMORANDUM FOR: JACK MARSH FROM: SUBJECT: Boycott JIM CANNON Jun Amendment New York State does have a Boycott Amendment that restricts trade from the port of New York. According to an authoritative Port Authority Source, there are no figures to show that it has hurt trade through the port. Shipments out of this port have been about the same since the Boycott Amendment be- came effective. Trade sources believe that there would have been increases in shipments without the boycott, but there is no proof of it. FORD : LIBRARY GENALD Jun Can't we get same comparation figures ? on exports, N imports July 9:44 THE WHITE HOUSE WASHINGTON September 29, 1976 FORD For: Jack Marsh From: Ed Schmults STEVENSON AMENDMENT BINGHAM-ROSENTHAL PROPOSED CONFERENCE CURRENT LAW (SENATE BILL) (HOUSE BILL) SUBSTITUTE NONDISCRIMINATION Current Department of Commerce Essentially the same as current Forbids discriminatory acts Same as Bingham-Rosenthal regulations forbid the furnishing law. as well as furnishing information of information pursuant to a which would have a discriminatory boycott-related request which effect. would have a discriminatory effect. DISCLOSURE OF Reports filed with the Depart- Reports filed after date of Reports publicly available -- no Same as Stevenson. BOYCOTT REPORTS ment of Commerce regarding enactment are to be made avail- explicit exemption for business receipt of Arab boycott requests able for public inspection proprietary information. and compliance intentions of except for certain information exporters are kept confidential. regarding quantity and value (Under the "Sunshine Act" signed of goods if the Secretary of into law by the President, names Commerce determines that a FORD of companies filing such reports competitive disadvantage to the may have to be disclosed under reporting firm would result. the Freedom of Information Act). REFUSALS TO DEAL Subject not treated under the Requires the Secretary of Requires the Secretary of Essentially the same as Export Administration Act. Commerce to adopt regulations Commerce to adopt regulations Bingham-Rosenthal -- However, concerted refusals to prohibiting American firms prohibiting any "U.S. person" covers secondary as well deal can constitute a violation from "refusing to do business from refraining to do business as tertiary boycotts, of Section 1 of the Sherman Act. with any other domestic concern with any other U.S. person, subject to certain The Department of Justice has or person pursuant to an agree- business concern, Israel or any limited and technical charged Bechtel Corporation ment with, requirement of, or a Israeli person or business concern exceptions. with violation of the Sherman request from, or on behalf of, -- with intent to comply with or Act due to Arab boycott any foreign country, national, to further or support the Arab compliance. Current law in no or agent thereof made or imposed boycott against Israel. Bingham- way covers refusals to deal with for the purpose of enforcing or Rosenthal thus covers secondary an foreign nation such as Israel implementing a restrictive trade as well as tertiary boycotts. (a so-called "secondary boycott") practice or boycott against a and has not been applied to country friendly to the United cover refusals to deal with foreign States or against any domestic companies or persons. concern or person." (cont'd next page) STEVENSON AMENDMENT BINGHAM-ROSENTHAL PROPOSED CONFERENCE CURRENT LAW (SENATE BILL) (HOUSE BILL) SUBSTITUTE REFUSALS TO DEAL (cont'd) A specific exception is made for banks refusing to process letters of credit for the benefit of U.S. exporters where the exporter fails to comply with the requirements thereof, except where such compliance would be a violation of law. As is the case with current law, Stevenson does not FORD cover refusals to deal with "secondary boycotts." Rather, Stevenson aims at prohibiting "tertiary boycotts," i.e., requests that U.S. concerns not deal with other U.S. concerns. FURNISHING OF Allows U.S. exporters to Same as current law. In addition to forbidding Prohibits furnishing INFORMATION furnish boycott-related the furnishing of information information with intent information -- except which would have a discrimina- to further the boycott, such information as would tory effect, forbids the "about whether the have the effect of dis- furnishing of information person does, has done, criminating against about "any past, present, or or proposes to do American citizens. proposed business relationship," business with (Israel), etc. with any United States or (an Israeli national) individual, business concern, or with any other Israel, national or resident boycotted person." of Israel, etc. -- with intent (The great preponderance to comply with or support the of boycott requests boycott against Israel. seek information about U.S. exporters' business relationships with Israel. A provision of law which forbids the furnishing of such information could have sweeping impact.) STEVENSON AMENDMENT BINGHAM-ROSENTHAL PROPOSED CONFERENCE CURRENT LAW (SENATE BILL) (HOUSE BILL) SUBSTITUTE PERSONS COVERED Current law is deemed to Same as current law. Does not appear to Prohibitions and apply to U.S. firms engaged require nexus to export reporting requirements in export transactions and transaction and would cover apply to U.S. citizens, not to the actions of U.S.- conduct of "U.S. persons" corporations organized controlled business entities wherever undertaken for whether under U.S. law, con- not engaged in exporting from or not pursuant to an export trolled foreign the United States. This transaction. subsidiaries of U.S. construction is consistent corporations and persons with the enforcement of an FORD doing business in the Export Administration Act. United States "with It has been declared that the respect to their Arab boycott-related regula- business in the United tions would apply to the actions States." Both the of a foreign subsidiary of a Conference Substitute U.S. firm if that subsidiary and the Bingham-Rosenthal were being used simply as a bill thus cover conduct conduit for U.S.-manufactured regardless of whether goods on their way to Mid-East an export transaction countries. is involved. ENFORCEMENT AND Boycott-related regulations Generally the same as Adds provision for private Deletes the Bingham- SANCTIONS under the Export Administra- current law -- except civil treble damage suits by Rosenthal treble tion Act are enforced under fines are increased. Increases persons "aggrieved" by damage provision but the general enforcement comport to Administration pro- violations of the Act. provides that all provisions of the Act -- posal. Civil penalties for This provision supplements enforcement will be usually by a civil fine. refusals to deal can be levied the normal range of sanctions pursuant to APA (Compliance action under the only after defendant is given provided by current law. procedures. Export Administration Act are an adjudicatory hearing pursuant specifically exempted from the to the APA. requirements of the Administra- tive Procedures Act (APA)). SEP 30 1976 THE WHITE HOUSE WASHINGTON September 30, 1976 MEMORANDUM FOR: JACK MARSH BRENT SCOWCROFT MAX FRIEDERSDORF FROM: EDWARD SCHMULT$ DD Attached is a draft of a proposed "Statement of Managers" that might be used to describe the proposal on the Arab Boycott reviewed with Senator Tower yesterday. Attachment STATEMENT OF MANAGERS The boycott-related provision adopted by the House and Senate Conferees combines features of both the House and Senate proposals. At the same time, it accommodates strong concerns expressed by the Administration, that the legislation not be so broadly drafted as to jeopardize or undercut essential diplomatic efforts to achieve a lasting peace in the Middle East. The legislation states unequivocally that this Nation will not tolerate any discrimination against individuals or business concerns as a result of restric- tive trade practices or boycotts against countries friendly to the United States. To assure that the Arab boycott of Israel does not have discriminatory and there- fore abhorrent and intolerable effects in the United States, the Conference provision would (i) forbid any action, including the furnishing of information which has a discriminatory effect; (ii) require public disclosure of boycott reports; and (iii) prohibit "refusals to deal" -- the so-called "tertiary" effect of the boycott. Paragraph (a) strengthens existing policy provisions of the Export Administration Act to reflect the new prohibition against refusals to deal by making it clear that the United States opposes restrictive trade practices and boycotts against "any domestic concern or person" as well as against "other countries friendly to the United States. " Paragraph (b) states that domestic concerns are to be prohibited from taking any action in furtherance of restrictive trade practices or boycotts against any country friendly to the United States or against any domestic concern or person which would discriminate or have the effect of discriminating against any individual or firm on the basis of race, color, religion, sex, nationality or national origin. Paragraph (c) amends Section 4 of the Export Administration Act to require that reports of requests for boycott compliance, made to the Secretary of Commerce, GERALD FORD - 2 - be publicly disclosed, except for certain specific informa- tion regarding quantity, description, and value of goods if the Secretary of Commerce determines that the disclosure of this latter information would place a domestic concern or person at a competitive disadvantage. Paragraph (c) further amends Section 4 of the Act to require the Secretary of Commerce to adopt rules and regulations implementing the Act's strong policy mandate against discrimination and refusals to deal. Such regula- tions are to prohibit domestic concerns or persons from: (i) discriminating against any United States person including company officers or shareholders, on the basis of race, color, religion, sex, nationality, or national origin. (ii) furnishing information with respect to race, color, religion, sex, nationality, or national origin of any individual. (iii) refusing to do business with any other domestic concern or person, pursuant to an agreement or understanding with any foreign country, national or agent thereof, for the purpose and with the intent of complying with a trade boycott against a country which is friendly to the United States or against any domestic concern or person. Paragraph (c) also contains certain procedural and conforming provisions which state that this legislation neither substitutes for nor limits the antitrust laws of the United States and that no penalty for violation of the refusal to deal regulations can be imposed without an opportunity for an adjudicatory hearing on the record in accordance with the Administrative Procedures Act. The Conferees believe that this legislation represents a strong step to strengthen the national resolve to oppose the Arab boycott of Israel and especially any discriminatory effects of that boycott on the U.S. economy. By requiring that future boycott requests filed by U.S. firms be made 2004 : - 3 - public, the legislation would give the public and the Congress an opportunity to monitor the behavior of U.S. business and the effectiveness of measures taken by the U.S. Government to implement our strong anti-boycott policy. It would, at the same time, interject an element of public accountability in the responses of U.S. firms to boycott demands. The American public and the Congress will have the opportunity to know the degree to which U.S. business relations are being bent to the interests of foreign governments. By proscribing refusals to deal, the legislation will eliminate one of the most objectionable features of the boycott -- its "tertiary" effect on freedom of choice within the U.S. economy. FORD HERALD OCT 1 1976 THE WHITE HOUSE WASHINGTON September 30, 1976 MEMORANDUM FOR: JACK MARSH FROM: SUBJECT: JIM Boycot CANNON Jun Amendment My authoritative source says there are no figures to prove that the New York State boycott has had an impact in either exports or imports. Song FORD is LIBRARY 07/139 [oct 1976?] - 2 - offered a compromise amendment (see attachment) and later offered to accept a boycott amendment similar to Senator Stevenson's with a minor modification. However, neither of these proposals was accepted and the Congress adjourned without passing an extension of the Export Administration Act. Each of the President's proposals indicated support for prospective public disclosure of boycott reports. 10 q. FORD CIRREN, Administration Offered Amendment Foreign Boycotts Sec. . (a) Section 3 (5) (A) of the Export Administration Act of 1969 (hereinafter in this Section referred to as the "Act") is amended by inserting immediately after "United States" the following: "or against any domestic concern or person" (b) Section 3 (5) (B) of the Act is amended by inserting immediately after "United States" the following: "and to prohibit such domestic concerns from taking any action in furtherance of such restrictive trade practices or boycotts, which discriminates or has the effect of discriminating against any domestic concern or person on the basis of race, color, religion, sex, nationality or national origin". (c) Section 4 of the Act is amended by redesignating paragraphs (2) through (4) and any cross references thereto as paragraphs (3) through (5) respectively, and inserting after paragraph (1) a new paragraph (2) as follows: 11 (2) (A) Rules and regulations prescribed under subsection 4 (b) (1) to implement the provisions of Section 3 (5) of this Act, shall require that any domestic concern or person which receives a request to take any action referred to in Section 3 (5) (B) of this Act to report that fact to the Secretary of Commerce together with such other information as the Secretary may require to enable him to carry out the requirements of Section 3 (5). "(B) Any report hereinafter filed pursuant to this paragraph shall be made available promptly for public inspection and copying: Provided, however, that information regarding the quantity, description, and value of any goods to which such report relates may be kept confidential if the Secretary determines that disclosure thereof would place the domestic concern or person involved at a competitive disadvantage. The Secretary of Commerce shall transmit copies of such reports to the Secretary of State for such action as the Secretary of State, in consultation with the Secretary of Commerce, may deem appropriate for carrying out the purposes of Section 3 (5) of this Act. "(C) Rules and regulations implementing the provisions of Section 3 (5) of this Act shall prohibit domestic concerns and persons from: is FORD - 2 - (i) Discriminating against any United States person, including any officer, employee, agent, director, or stockholder or other owner of any domestic concern on the basis of race, color, religion, sex, nationality or national origin. (ii) Furnishing information with respect to the race, color, religion, sex, nationality, or national origin of any past, present, or proposed officer, employee, agent, director, or stockholder or other owner of any domestic concern. (iii) Refusing to do business with any other domestic concern or person, pursuant to an agreement or understanding with any foreign country, national or agent thereof, for the purpose and with the intent of complying with a trade boycott against a country which is friendly to the United States or against any domestic concern or person. "(D) Any civil penalty (including any suspension or revocation of the authority to export) imposed under this Act, for violation of rules and regulations issued under subparagraph (2) (C) (iii) of this para- graph may be imposed only after notice and opportunity for an agency hearing on the record in accordance with sections 554 through 557 of Title 5, United States Code. The provisions of subparagraph (2) (C) (iii) of this paragraph shall neither substitute for nor limit the antitrust laws of the United States. Further, the provisions of subparagraph (2) (C) (iii) of this subsection shall not apply to compliance with requirements pertaining to the identity of any carrier on which articles, materials, or supplies are to be shipped so long as such do not have as their purpose the enforcement or implementation of a restrictive trade practice or boycott against a country friendly to the United States or against any domestic concern or person." FORD THE WHITE HOUSE WASHINGTON October 7, 1976 5:10 p.m. Mr. Marsh: Charlie Leppert left the following message: "I was called by Tom Martin who tells me that Senators Proxmire, Ribicoff and Williams are expected to hold a press conference attacking the validity of the President's statements last evening in the debate on the Arab boycott issue." Donna THE WHITE HOUSE WASHINGTON October 7, 1976 5:10 p.m. Mr. Marsh: Charlie Leppert left the following message: "I was called by Tom Martin who tells me that Senators Proxmire, Ribicoff and Williams are expected to hold a press conference attacking the validity of the President's statements last evening in the debate on the Arab boycott issue." Donna FORD j LIBRARY DERALO