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OCR Page 1 of 77LFO
:202-647-1037
JUN 30'95
13:00 No.008 P.01
7/5/95 USTR for
THE LEGAL ADVISER
do
DEPARTMENT OF STATE
will
WASHINGTON
Than Froms,6 new Jan arms a an arrust
June 30, 1995
VIA FAX
MEMORANDUM
TO:
Mr. Alan J. Kreczko
Special Assistant to the President and
Legal Adviser to the National Security Council
FROM:
Conrad K. Harper
SUBJECT:
Proposed Bar on Executive Branch Communications
with Foreign Government Agents
Excural
You have asked for our comments on a proposal to
prohibit representatives of the USG from communicating with
agents of foreign governments (designated as such in accordance
with the Foreign Agents Registration Act (FARA)). In our view,
the proposed Executive Order raises a number of significant
questions and concerns, and, if promulgated, would likely
substantially impair the ability of the USG to receive and
impart information in pursuance of its foreign policy
objectives. We believe that these concerns are of sufficient
magnitude as to counsel extreme caution and much more careful
study before any action is taken on the proposal.
1. U.S. Litigation Involving Foreign Governments. State
Department lawyers frequently interact with attorneys
representing foreign governments with regard to a variety of
litigation matters in the U.S. courts. We are concerned that
FARA's section 3(g) exemption may not be broad enough to permit
some of these communications should the proposed bar be
implemented. The exemption extends to attorneys representing
foreign principals before "any court of law," but only insofar
as they abstain from informal attempts to "influence" or
"persuade" agency personnel outside of "established agency
proceedings." 22 U.S.C. § 613(g). Applicable regulations
specifically designate attempts to influence the formulation of
foreign policy as prohibited activities outside the course of
agency proceedings. See 28 C.F.R. § 5.306.
OPTIONAL FORM 89 (7-90)
FAX TRANSMITTAL
# of pages
7
alan NSC Krazko
From
Harper
Dept./Agency
Phone
647.9598
tax
Fax #
NSN 456.9110 7540-01-317-7368
1037
5099-101
GENERAL SERVICES ADMINISTRATION