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1520502
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FG 65-2: Committee on Foreign Investment in the United States
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id
1520502
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document
title
FG 65-2: Committee on Foreign Investment in the United States
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Kenneth A. Lazarus Files (Ford Administration)
Kenneth Lazarus's Subject Files
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Investments, Foreign
Independent regulatory commissions
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1520502
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1975-05-31
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5
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1975
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1975-05-01
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5
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1975
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The original documents are located in Box 11, folder "FG 65-2: Committee on Foreign Investment in the United States" of the Kenneth A. Lazarus 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. FG 65-2 May 7, 1975 MEMORANDUM FOR: ROD HILLS FROM: DUDLEY CHAPMAN SUBJECT: Foreign Acquisition of Washington Gas Company Bonds and Stock Under Executive Order 11858, signed by the President today, a Committee on Foreign Investment in the United States was established under the Chairmanship of the Secretary of the Treasury. The Under Secretary for Monetary Affairs, Jack Bennett, will be acting for the Secretary in this capacity. James Griffen, in his office, suggested that we refer the request to Bennett. I would recommend to Buckles that the Domestic Council refer Stratton's request to Jack Bennett, Attention: James Griffen, Room 5100, at the Treasury Department. A copy of the Executive Order is attached. & FORD GERALD THE WHITE HOUSE WASHINGTON May 6, 1975 MEMORANDUM FOR BILL SEIDMAN ROD HILLS PAUL O'NEILL NSC FROM ANDRE BUCKLES f SUBJECT Foreign acquisition of Washington Gas Company Bonds and stock Mr. William Stratton, Commissioner of the Public Service Commission of the District of Columbia, has written to the Domestic Council (attached) asking advice as to the Administration's views on the proposed acquisition of Washington Gas Company stock by a Near Eastern country. As Mr. Stratton advises that there is little time left to act, I am asking for your comments and recommendations by close of business Thursday, May 8. Many thanks. RFORD GERALD PUBLIC SERVICE COMMISSION OF THE DISTRICT OF COLUMBIA 1625 I Street, Northwest STAFF WASHINGTON, D.C. 20006 COMMISSIONERS (202) 727-1000 Donald E. Crotsley Executive Secretary COMMISSION DISTRICT Norman B. Belt Ruth Hankins-Nesbitt, Chairman H. Mason Neely, Vice Chairman Chief Engineer William R. Stratton SERVICE OF James F. Whitescarver, Jr. PUBLIC COLUMEIA Director of Securities Seymour Manheimer Chief Accountant 1913 C. Francis Murphy General Counsel April 29, 1975 Mr. James Cannon Executive Director, Domestic Council The White House Washington, D. C. Dear Mr. Cannon: We have been advised by its president that the Washington Gas Company may seek private placement of con- templated issues of first mortgage bonds and preferred stock with a foreign (near-Eastern) source. This Commission has approval authority over any long term debt and stock issues of utilities under our jurisdiction. We would appreciate learning the Adminis- tration's views of the appropriateness of such an invest- ment in a utility serving the capital. I will supply detailed facts and any other assistance to the person who will staff-out this matter, including arranging a meeting with Gas Company management if desired. Very truly yours, Withallon William R. Stratton Commissioner P.S. There is only about a 10-day, Two-week FORD Threshold Time on this, TO Lignary was GERALD 11858 EXECUTIVE ORDER FOREIGN INVESTMENT IN THE UNITED STATES By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including the Act of February 14, 1903, as amended (15 U.S.C. 1501 et seq.), section 10 of the Gold Reserve Act of 1934, as amended (31 U.S.C. 822a), and section 301 of title 3 of the United States Code, and as President of the United States of America, it is hereby ordered as follows: Section 1. (a) There is hereby established the Committee on Foreign Investment in the United States (hereinafter referred to as the Committee). The Committee shall be composed of a representative, whose status is not below that of an Assistant Secretary, designated by each of the following: (1) The Secretary of State. (2) The Secretary of the Treasury. (3) The Secretary of Defense. (4) The Secretary of Commerce. (5) The Assistant to the President for Economic Affairs. (6) The Executive Director of the Council on International Economic Policy. The representative of the Secretary of the Treasury shall be the chairman of the Committee. The chairman, as he deems appropriate, may invite representatives of other departments and agencies to participate from time to time in activities of the Committee. (b) The Committee shall have primary continuing responsibility within the Executive Branch for monitoring the impact of foreign investment in the United States, both direct and portfolio, and for coordinating the ARARY GERALD 2 implementation of United States policy on such investment. In fulfillment of this responsibility, the Committee shall: (1) arrange for the preparation of analyses of trends and significant developments in foreign invest- ments in the United States; (2) provide guidance on arrangements with foreign governments for advance consultations on prospective major foreign governmental investments in the United States; (3) review investments in the United States which, in the judgment of the Committee, might have major impli- cations for United States national interests; and (4) consider proposals for new legislation or regulations relating to foreign investment as may appear necessary. (c) As the need arises, the Committee shall submit recommendations and analyses to the National Security Council and to the Economic Policy Board. It shall also arrange for the preparation and publication of periodic reports. Sec. 2. The Secretary of Commerce, with respect to the collection and use of data on foreign investment in the United States, shall provide, in particular, for the performance of the following activities: (a) The obtainment, consolidation, and analysis of information on foreign investment in the United States; (b) the improvement of procedures for the collection and dissemination of information on such foreign investment; (c) the close observation of foreign investment in the United States; (d) the preparation of reports and analyses of trends and of significant developments in appropriate categories of such investment; FORD ET GERALD 3 (e) the compilation of data and preparation of evaluations of significant investment transactions; and (f) the submission to the Committee of appropriate reports, analyses, data and recommendations relating to foreign investment in the United States, including recom- mendations as to how information on foreign investment can be kept current. Sec. 3. The Secretary of the Treasury is authorized, without further approval of the President, to make reasonable use of the resources of the Exchange Stabilization Fund, in accordance with section 10 of the Gold Reserve Act of 1934, as amended (31 U.S.C. 822a), to pay any of the expenses directly incurred by the Secretary of Commerce in the per- formance of the functions and activities provided by this order. This authority shall be in effect for one year, unless revoked prior thereto. Sec. 4. All departments and agencies are directed to provide, to the extent permitted by law, such information and assistance as may be requested by the Committee or the Secretary of Commerce in carrying out their functions and activities under this order. Sec. 5. Information which has been submitted or received in confidence shall not be publicly disclosed, except to the extent required by law; and such information shall be used by the Committee only for the purpose of carrying out the functions and activities prescribed by this order. Sec. 6. Nothing in this order shall affect the data-gathering, regulatory, or enforcement authority of any existing department or agency over foreign investment, GERALD A FORD LIBRARY 4 and the review of individual investments provided by this order shall not in any way supersede or prejudice any other process provided by law. Herald R. Ford THE WHITE HOUSE, MAY 7- 1975 GERALD R FORD