Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
221963569
label
9303736
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
221963569
contentType
document
title
9303736
citationUrl
collections
Records of the National Security Council Records Management Office (Clinton Administration)
NSC (National Security Council) Records Management System
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
221963569
levelOfDescription
fileUnit
otherTitles
26457815-20141037F-001-005-2021
[China and MFN...]
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
404000b1542eebbc
ocrText
Case Number: 2014-1037-F
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the Clinton Presidential
Library Staff.
Original OA/ID Number:
150
Document ID:
9303736
Stack:
Row:
Section:
Shelf:
Position:
V
44
1
8
1
SECRET
RECORD ID: 9303736
NSC/RMO PROFILE
RECEIVED: 24 MAY 93 15
TO: PRESIDENT
FROM: LAKE
DOC DATE: 24 MAY 93
SOURCE REF:
KEYWORDS: CHINA PR
MFN
PERSONS:
SUBJECT: CHINA MFN
ACTION: NOTED BY PRES
DUE DATE: 27 MAY 93 STATUS: C
STAFF OFFICER: LAKE
LOGREF:
FILES: PA
NSCP:
CODES:
DOCUMENT DISTRIBUTION
FOR ACTION
FOR CONCURRENCE
FOR INFO
KRISTOFF
NSC CHRON
WIEDEMANN
DECLASSIFIED E.O. 13526
White House Guidelines,
September 11, 2006
By KDE NARA, Date 10/11/16
2014-1037-F
COMMENTS:
DISPATCHED BY
DATE
BY HAND W/ATTCH
OPENED BY: NSASK
CLOSED BY: NSJDA
DOC 1 OF 1
SECRET
SECRET
RECORD ID: 9303736
ACTION DATA SUMMARY REPORT
DOC ACTION OFFICER
CAO ASSIGNED ACTION REQUIRED
001 PRESIDENT
Z 93052420 FOR INFORMATION
001
X 93052715 NOTED BY PRES
DISPATCH DATA SUMMARY REPORT
DOC DATE
DISPATCH FOR ACTION
DISPATCH FOR INFO
001 930524
VICE PRESIDENT
001 930524
WH CHIEF OF STAFF
SECRET
National Security Council
The White House
PROOFED BY:
LOG # 3736
URGENT NOT PROOFED:
SYSTEM
PRS
NSC
INT
BYPASSED WW DESK:
DOCLOG
A/O
SEQUENCE TO
HAS SEEN
DISPOSITION
DepExecSec
ExecSec
Staff Director
D/APNSA
APNSA
1
Situation Room
West Wing Desk
2
@ 5/24
D W/PODESTA
NSC Secretariat
A = Action
I = Information
D = Dispatch
R = Retain
N = No Further Action
CC:
VP
McLarty
Other
Should be seen by:
(Date/Time)
COMMENTS:
DISPATCH INSTRUCTIONS:
-
SECRET
SECRET
3736
THE PRESIDENT HAS SEEN
THE WHITE HOUSE
5.25.94
WASHINGTON
93MAY 24 P8 : 43
May 24, 1993
INFORMATION
DECLASSIFIED E.O. 13526
MEMORANDUM FOR THE RRESIDENT
White House Guidelines,
September 11, 2006
FROM:
ANTHONY LAKE
By
KOOE
NARA, Date
10/11/16
SUBJECT:
China MFN
2014-1037-F
As we discussed this morning, Win Lord and Wendy Sherman
(Assistant Secretary of State for Legislative Affairs) met early
this afternoon with Senator Mitchell and Congresswoman Pelosi to
consult on the proposed executive order (Tab 1).
Mitchell and Pelosi agree with the proposition of executive
conditions as opposed to legislative ones. They also accept the
idea, reflected in the executive order, of breaking-out trade and
non-proliferation, which would be dealt with through other
statutory and administrative remedies, and making China MFN
conditional only on human rights progress.
Both Mitchell and Pelosi, however, do have problems with the
proposed executive order as currently drafted. In addition to
some relatively insignificant wording changes, they focused on
two concerns:
(1) Jackson/Vanik language on prospective effects. As noted
in the earlier memorandum, the proposed executive order asks the
Secretary of State to make a recommendation to you next year
based upon whether China has made "overall, significant progress" "
on seven human rights conditions. In essence, this is a look
backward, from the perspective of June 1994, on the preceding
year.
In addition, we also included language at the end of section
1, which is in current Jackson/Vanik legislation, asking the
Secretary also to consider "whether an extension of most favored
nation trading status will substantially promote the objectives
of this order." This would enable you also to evaluate the
future effect on human rights of revocation of MFN, as well as
past behavior.
Mitchell and especially Pelosi strongly feel that this
provision substantially weakens, if not vitiates, the
conditionality of MFN, since it leaves you with substantial
discretion to continue MFN even if China has not met the
conditions. Mitchell believes that it also significantly
undermines the clarity of the decision and would be seen as a
retreat from your campaign positions.
SECRET Declassify oR:HOTOCOPY SECRETIOWRITING of Staff
Vice President
SECRET
SECRET
2
The other side of the argument is that if China has not made
significant progress on these conditions over the next year,
without some "wiggle room" you will be in the position of being
compelled to revoke MFN even if, in your judgement, such a
revocation would endanger human rights progress. In response to
this point, Mitchell and Pelosi suggest that, in extreme
circumstances, you could consult with Congress and revoke the
executive order.
Mitchell and Pelosi are important allies for proceeding by
executive order. They have led the effort to condition MFN in
the Senate and House, respectively. There also are strong voices
within the party against conditionality for China MFN (e.g.
Hamilton, Rostenkowski, Matsui, Baucus); they could be used as a
counterweight if you choose to continue negotiating with Pelosi
and Mitchell; they probably would not strenuously oppose you if
you accept Mitchell and Pelosi's position.
In short, if you agree to delete the Jackson/Vanik
"prospective" language we should be able to gain Mitchell and
Pelosi's non-grudging support; you will be most consistent with
the tone of your campaign statements; and you will send the
strongest message to China. On the other hand, you will greatly
constrain your options for next year. If the aging Chinese
leadership, for whatever reason, chooses not to cooperate, it
would be extremely difficult not to revoke MFN. This act would
have enormous strategic and economic consequences, substantially
cutting off trade with a country that is expected to be the
second largest economy in the world by the end of the decade.
(2) "Overall, significant progress. " Mitchell and Pelosi
want to make five of the seven human rights conditions "must do"
requirements, i.e., the Secretary could recommend continuation of
MFN only if he found that China had met each of these five
conditions. This obviously raises the bar considerably higher in
terms of next year's determination. Win and Wendy believe that
if we drop the Jackson/Vanik provision described above, we should
be able to persuade Mitchell and Pelosi to narrow the "must do"
list to only two: (1) ensuring freedom to emigrate and travel
abroad (already a condition under Jackson/Vanik) and (2)
complying with the terms of the 1992 agreement on prison labor.
If the "must do" list is confined to these two conditions, it
probably does not present too much of a problem.
Your guidance on this tomorrow will enable Win to complete
consultations, with a view toward an announcement before Congress
recesses.
Attachment
Tab I
Proposed Executive Order
SECRET
SECRET
DECLASSIFIED E.O. 13526
SECRET
White House Guidelines,
September 11, 2006
By
KDE
NARA, Date
10/11/16
DESIGNATION OF CONDITIONS FOR RENEWAL OF
2014-1037-F
MOST-FAVORED-NATION STATUS FOR THE
PEOPLE'S REPUBLIC OF CHINA IN 1994
WHEREAS, the Congress and the American people have expressed
deep concern about the appropriateness of unconditional most-
favored-nation trading status for the People's Republic of China;
WHEREAS, I share the concerns of the Congress and the
American people regarding this important issue, particularly with
respect to China's record on human rights, non-proliferation, and
trade;
WHEREAS, I have carefully weighed the advisability of
conditioning China's most-favored-nation status as a means of
achieving progress in these areas;
WHEREAS, I have concluded that the public interest would be
served by a continuation of the waiver of the application of
sections 402 (a) and (b) of the Trade Act of 1974 (the Act) on
China's most-favored-nation status for an additional twelve
months with renewal thereafter subject to the conditions below;
NOW, THEREFORE, by the authority vested in me as President
by the Constitution and laws of the United States of America, I
hereby order as follows:
Section 1. I direct that the Secretary of State
(hereinafter the "Secretary") shall make a recommendation to me
next year whether or not to extend China's most-favored-nation
status for the twelve-month period beginning June 3, 1994. In
making this recommendation the Secretary shall determine whether
China has made overall, significant progress with respect to the
following areas:
Respecting fundamental human rights, as recognized in the
Universal Declaration of Human Rights.
Ensuring freedom to emigrate and travel abroad.
Releasing Chinese citizens imprisoned or detained for the
non-violent expression of their political beliefs, including
Democracy Wall and Tiananmen activists.
Ensuring humane treatment of prisoners, such as by allowing
access to prisons by international humanitarian
organizations.
Protecting Tibet's distinctive religious and cultural
heritage.
Permitting international radio and television broadcasts
into China.
Complying with the terms of China's 1992 bilateral agreement
with the U.S. on prison SECRET
SECRET
2
In making his recommendation, the Secretary shall also consider
whether an extension of most-favored-nation trading status will
substantially promote the objectives of this order.
Section 2. The Secretary shall submit his recommendation to
me before June 3, 1994, whereupon, after consultation with the
Congress, I shall make the determination under section 402 (d) of
the Trade Act of 1974.
Section 3. I hereby direct the Secretary, and other
appropriate officials of the U.S. government to pursue resolutely
all legislative and executive actions to assure that China abides
by the Nuclear Non-Proliferation Treaty, the Missile Technology
Control Regime guidelines and parameters, and its other non-
proliferation commitments, as well as fair and non-discriminatory
trade practices toward American business.
Section 4. This Order is not intended to create any right
or benefit, substantive or procedural, enforceable by any person
or entity against the United States, its agencies, officers, or
employees.
WILLIAM J. CLINTON
THE WHITE HOUSE
/ 1993
SECRET
*
retrospretive
-
THE 1. r
,