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John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Customs Service
Box: 15
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
MEMORANDUM
THE WHITE HOUSE
WASHINGTON
January 10, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
ask
SUBJECT:
Customs Declaration Package
Attached is a proposed memorandum to the Chief Counsel of
the Customs Service on the advertising package containing
greetings from the President.
Attachment
THE WHITE HOUSE
WASHINGTON
January 10, 1983
MEMORANDUM FOR RICHARD H. ABBEY
CHIEF COUNSEL
U.S. CUSTOMS SERVICE
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Customs Declaration Package
It has come to my attention that a private firm will soon
begin distribution of advertising packages containing the
customs declaration form and, among other materials, a
message from the President to foreign travelers. The White
House adheres to a policy of not approving the use of the
name, signature, photograph, or likeness of the President in
any fashion which does or might suggest endorsement by the
President of a commercial product or venture. Reprinting
the message from the President in the customs declaration
and advertising package conveys the misleading impression
that the President has endorsed the commercial venture
issuing the package as well as the products advertised in
it. The juxtaposition of an official-looking greeting from
the President and commercial advertising in the package
strikes me as particularly demeaning to the Office of the
Presidency. Whatever rights the private firm marketing the
package may have to reprint non-copyrighted public docu-
ments, it has no right to benefit from the appearance of
Presidential endorsement of its venture or of its adver-
tisers' products.
Ameliorative action must be taken to correct the false
impression of Presidential endorsement. Ideally, the
greeting will be removed from the advertising packages; at
the very least it should be accompanied by appropriate
disclaimers indicating that the greeting is reprinted from a
public document, that the package is not an official
government publication, and whatever else is necessary
completely to disassociate the President from the
advertising package and the products appearing in it.
I think the best course of action would be for the
appropriate officials at the Customs Service to approach the
individuals involved with the advertising package venture
and alert them to the need to correct the misleading
impression of Presidential endorsement. I look forward to
hearing from you on the steps that have been taken to
disassociate the President from this commercial venture.
FFF: JGR:aw 1/10/83
CC: FFFielding/JGRoberts/Subj./Chron
THE WHITE HOUSE
WASHINGTON
January 10, 1983
MEMORANDUM FOR RICHARD H. ABBEY
CHIEF COUNSEL
U.S. CUSTOMS SERVICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Customs Declaration Package
It has come to my attention that a private firm will soon
begin distribution of advertising packages containing the
customs declaration form and, among other materials, a
message from the President to foreign travelers. The White
House adheres to a policy of not approving the use of the
name, signature, photograph, or likeness of the President in
any fashion which does or might suggest endorsement by the
President of a commercial product or venture. Reprinting
the message from the President in the customs declaration
and advertising package conveys the misleading impression
that the President has endorsed the commercial venture
issuing the package as well as the products advertised in
it. The juxtaposition of an official-looking greeting from
the President and commercial advertising in the package
strikes me as particularly demeaning to the Office of the
Presidency. Whatever rights the private firm marketing the
package may have to reprint non-copyrighted public docu-
ments, it has no right to benefit from the appearance of
Presidential endorsement of its venture or of its adver-
tisers' products.
Ameliorative action must be taken to correct the false
impression of Presidential endorsement. Ideally, the
greeting will be removed from the advertising packages; at
the very least it should be accompanied by appropriate
disclaimers indicating that the greeting is reprinted from a
public document, that the package is not an official
government publication, and whatever else is necessary
completely to disassociate the President from the
advertising package and the products appearing in it.
I think the best course of action would be for the
appropriate officials at the Customs Service to approach the
individuals involved with the advertising package venture
and alert them to the need to correct the misleading
impression of Presidential endorsement. I look forward to
hearing from you on the steps that have been taken to
disassociate the President from this commercial venture.
FFF:JGR:aw 1/10/83
CC: FFFielding/JGRoberts/Subj./Chron
THE WHITE HOUSE
WASHINGTON
January 6, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
SUBJECT:
Customs Declaration Package
You asked that I check into the status of the proposal,
described in the attached Washington Post and New York Times
articles, to have a private advertising firm distribute
Customs declaration forms in a packet containing advertising
and greetings from the President. According to Stephen
Jacobs of the Customs Service, the packets have already been
printed by the private firm and are on the verge of being
distributed. (I am awaiting delivery of a sample.) The
packages contain a brief greeting from President Reagan to
foreign travelers, over a facsimile of his signature; a
customs declaration form for the traveler to fill out, and
turn in to the Customs Service; other information about what
may and may not be taken into the United States; and six
pages of private advertising.
The customs declaration form can be printed and distributed
by anyone. In the past, airlines and foreign governments
have printed and distributed the customs forms. Customs has
agreed to accept the form in the advertising package.
Customs believes that the advertising package scheme will
reduce its costs of printing the forms, and also provide the
added benefit of the Presidential greeting, at no cost to
Customs. The Presidential greeting is a new idea; such
greetings had not been distributed to travelers in the past.
The scheme is not an exclusive one: plain forms will
continue to be available, and others may distribute them or
their own packets with the forms as they see fit.
The concern of this office, of course, is with the use of
the Presidential message. Customs was advised by the
General Counsel of GPO that if the message were published in
a government document there would be no restrictions on its
duplication and distribution for private purposes. Customs
accordingly published the greetings in a pamphlet. My
concern is twofold: (1) the presence of the message may
suggest that the President has endorsed this particular
commercial venture, and (2) the juxtaposition of the Presi-
dential message and the six pages of advertising may suggest
-2-
endorsement by the President of the advertised products.
While the private firm marketing the packet has every right
to reproduce non-copyrighted documents in the public domain
-- such as the President's greeting -- it does not have the
right to convey a false impression of Presidential sponsor-
ship either of its product or those of its advertisers. Had
the firm asked this office for approval of its plan to use
the President's greeting, we would have declined, consistent
with established policy, to approve the request -- even
though we probably could not have disapproved it either.
In light of the last-minute nature of our involvement, and
not
the enthusiastic complicity of the Customs Service in the
project, I think the best course would be to attempt to
obtain some sort of disclaimer on subsequent printings of
?
of
3
the package. If the page containing the President's message
contained a line indicating that it was reprinted or taken
for
from a government document, for example, that would go far
in disassociating the President from any direct involvement
with the packet or advertisers. The phrase "not a government
document" on the packet would also be helpful, or even a
more explicit announcement that the government in no way
endorses advertisers appearing in the packet. The exact
disclaimers would presumably be the subject of negotiations
with the private firm. Whoever raises the subject with them
should start with the concern about a false impression of
Presidential endorsement, suggest removal of the greeting,
and negotiate from there.
I think it would be advisable as a first step to have the
General Counsel at Customs approach the individuals involved,
and proceed from there. If you agree with this course of
action, I will draft a memorandum from you to the Customs
Service General Counsel.
yes firm "appeman" very the
THE WHITE HOUSE
WASHINGTON
January 6, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
OPR
SUBJECT:
Customs Declaration Package
You asked that I check into the status of the proposal,
described in the attached Washington Post and New York Times
articles, to have a private advertising firm distribute
Customs declaration forms in a packet containing advertising
and greetings from the President. According to Stephen
Jacobs of the Customs Service, the packets have already been
printed by the private firm and are on the verge of being
distributed. (I am awaiting delivery of a sample.) The
packages contain a brief greeting from President Reagan to
foreign travelers, over a facsimile of his signature; a
customs declaration form for the traveler to fill out, and
turn in to the Customs Service; other information about what
may and may not be taken into the United States; and six
pages of private advertising.
The customs declaration form can be printed and distributed
by anyone. In the past, airlines and foreign governments
have printed and distributed the customs forms. Customs has
agreed to accept the form in the advertising package.
Customs believes that the advertising package scheme will
reduce its costs of printing the forms, and also provide the
added benefit of the Presidential greeting, at no cost to
Customs. The Presidential greeting is a new idea; such
greetings had not been distributed to travelers in the past.
The scheme is not an exclusive one: plain forms will
continue to be available, and others may distribute them or
their own packets with the forms as they see fit.
The concern of this office, of course, is with the use of
the Presidential message. Customs was advised by the
General Counsel of GPO that if the message were published in
a government document there would be no restrictions on its
duplication and distribution for private purposes. Customs
accordingly published the greetings in a pamphlet. My
concern is twofold: (1) the presence of the message may
suggest that the President has endorsed this particular
commercial venture, and (2) the juxtaposition of the Presi-
dential message and the six pages of advertising may suggest
-2-
endorsement by the President of the advertised products.
While the private firm marketing the packet has every right
to reproduce non-copyrighted documents in the public domain
-- such as the President's greeting -- it does not have the
right to convey a false impression of Presidential sponsor-
ship either of its product or those of its advertisers. Had
the firm asked this office for approval of its plan to use
the President's greeting, we would have declined, consistent
with established policy, to approve the request -- even
though we probably could not have disapproved it either.
In light of the last-minute nature of our involvement, and
the enthusiastic complicity of the Customs Service in the
project, I think the best course would be to attempt to
obtain some sort of disclaimer on subsequent printings of
the package. If the page containing the President's message
contained a line indicating that it was reprinted or taken
from a government document, for example, that would go far
in disassociating the President from any direct involvement
with the packet or advertisers. The phrase "not a government
document" on the packet would also be helpful, or even a
more explicit announcement that the government in no way
endorses advertisers appearing in the packet. The exact
disclaimers would presumably be the subject of negotiations
with the private firm. Whoever raises the subject with them
should start with the concern about a false impression of
Presidential endorsement, suggest removal of the greeting,
and negotiate from there.
I think it would be advisable as a first step to have the
General Counsel at Customs approach the individuals involved,
and proceed from there. If you agree with this course of
action, I will draft a memorandum from you to the Customs
Service General Counsel.
ID #.
CU
WHITE HOUSE
MEM2-03
CORRESPONDENCE TRACKING WORKSHEET
0 * OUTGOING
H . INTERNAL
I - INCOMING
Date Correspondence
Received (YY/MM/DD)
/
/
Name of Correspondent: Fred 7. fielding
MI Mail Report
User Codes: (A)
(B)
(C)
Subject:
of U.S. Customs Service
Operation First Injurior u campaign
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
WHolland
ORIGINATOR
82,12,30
/ /
DD
Referral Note:
note
CUAT18
A
82112,30
/
/
Referral Note:
/
/
/
/
Referral Note:
/
/
/
/
Referral Note:
/
/
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
1. Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R Direct Reply w/Copy
B Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
this hanky panky is an insult to the taxpayer DEC 28
Read both articles and it is net difficult to pick ey
the his being told - Incidentally, is m. Reapa
endorsing these advertisers
BELK Ask chunk Roberts in
to
Wednesday December 22, 1982
THE WASHINGTON POST
the
Greetings From Our Friendly Customs
By Pete Earley
him how much it would cost to print 30 million
packets available-along with its own-when air-
Washington Post Staff Writer
declaration packets for Customs. Shalowitz esti-
lines and ship companies pick up the forms for
The U.S. Customs Service has come up with an
mated that it would take $1.2 million to produce
their passengers, Murphy said.
unorthodox way to cut its printing budget that its
and print a slick bookler with a
Customs believes that Shalowitz' packet will be
originator says could "revolutionize" the way the
full-color photograph of Miss Liberty on its cover.
80 popular that the government eventually will be
federal government does business.
But other Customs officials balked. In fiscal
able to reduce the number of forms it prints, and
The idea is to get entrepreneurs to begin repro-
1982 the agency had budgeted only $300,000 for
thus its printing costs, Murphy said.
ducing government forms for a profit, a notion
printing the declaration forms.
The Government Printing Office has approved
that has raised some eyebrows since it came off
That's when Jacobs and Shalowitz started talk
the plan. "Damn, few government documents are
the drawing boards.
ing about advertising, six full pages of it in each
copyrighted," said Garrett Brown, the GPO's gen-
Stephen A. Jacobs, a special assistant to the
packet. Shalowitz said he could charge $50,000
eral counsel, "so I don't see how they [Customs]
commissioner of the Customs Service, came up
per page for a month, which would generate about
can start or stop someone" from reproducing the
with the idea this summer after he boarded a
$3.6 million. That would be enough to give Cus-
forms. Customs' chief counsel, Richard Abbey,
plane and was handed h packet jammed with dis-
toms a 15 percent cut and make a profit for his
won't reveal what advice he gave von Raab, saying
count coupons, travel tips and advertising.
company, he said.
his advice is protected by the lawyer-client priv-
The packet, Jacobs decided, was just what Cus-
Everyone at Customs liked the idea, Jacobs
ilege. An agency source, however, said Abbey's
toms needed for "Operation First Impression," the
said, except the agency's legal staff. It warned von
office has raised a number of questions about the
agency's campaign to make a tourist's arrival in
Raab that it is illegal for a federal agency to sell
legality of the plan.
this country easier and more pleasant.
advertising in a government document unless
Murphy said the agency did not try to find out
What better way to greet travelers, Jacobs
Congress has granted a special waiver.
if other firms would be interested because it was
mused, than with an informational packet that
The project seemed doomed until Jacobs and
primarily Shalowitz' idea, not theirs. He added
contained greetings from President Reagan and
Shalowitz had another brainstorm. They asked if
that other firms would be allowed to copy the
Customs Commissioner William C. von Raab, a
Shalowitz could copy the official declaration form
forms if they wished. Shalowitz said he has a
declaration form and instructions for filling it out,
and include it in his packet. Customs decided he
patent pending on the brochure Jacobs saw on the
and tidbits about what may and may not be
could and it agreed to accept his forms at entry
plane, and is investigating whether the brochure
brought into the country?
points. Officially, Customs has no connection with
with the declaration form could be patented.
Jacobs called Richard M. Shalowitz, president
Shalowitz' project and will not receive any profits
Shalowitz said he plans to produce the first pack-
of Custom Advertising of Elk Grove Village, III.,
from it, agency spokesman Dennis Murphy said
ets in February and has sold advertising to Diners
which had printed the airline packet, and asked
yesterday. But Customs will make Shalowitz
Club, National Car Rental and Philip Morris Co.
FRIDAY, DECEMBER 5, 1982
The Blow, York Times
Advertising
Philip
Dougherty
missioner. It will include the declara-
Customs has final approval of ad-
Greeting
tion form and instructions for filling it
vertisers, who will be given category
out, information on what may and
exclusivity, and has already outlawed
may not be brought into the country,
the airlines since they will be doing
Travelers
and a brief segment on important
the distribution. A page for a month is
laws. And then, of course, there will
going for $50,000, and for the year,
be six full pages of advertising.
$800,000.
With Ads
And that's where Mr. Shalowitz,
The Philip Morris Company, ac-
president of Custom Advertising, Elk
cording to Mr. Jacobs, has already
Grove Village, III., comes in. Without
signed a two-year contract to push its
charge to Customs, he will supply the
Marlboro cigarettes.
30 million brochures a year 2.5 mil-
Friends and foes of advertising
W
HAT could be more fitting in
lion a month - to the approximately
might recall that about two years ago,
an official "Welcome to the
220 airlines and the few ships that
at the suggestion of some members of
United States" brochure than
carry passengers into the country. In
Congress, the Postal Service investi-
something that Americans get more
return, he will get-gross revenues of
gated the possibility of renting some
of than anyone-advertising.
$3.6 million, from which must come
of its unused space to advertisers to
Richard M. Shalowitz, the entrepre-
the 15 percent agency commission and
help offset its deficits. After receiving
neur who sold the idea to the United
all other expenses, the largest of
1,000 solicited comments, most of
States Customs Service, described the
which will be printing.
which were negative, the service de-
brochure that will be given to every-
Mr. Shalowitz, 28 years old, was
cided to forget the whole thing.
one arriving in this country beginning
previously in the administrative and
As for the Customs plan, when John
in February as "a Statue of Liberty
marketing ends of Ticket Holder Mar-
E. O'Toole, chairman of Foote, Cone
for the Jet Age traveler."
keting, one of whose partners is an in-
& Belding, became aware of it, he
Similarly, in a letter to top execu-
vestor in Custom Advertising. That
commented: "I have long held the
tives of major ad agencies and heads
partner is Anthony Jacobs, head of the
theory that nothing is done 80 ineptly
of big advertiser companies, Stephen
Wessel Company, the printer in Elk
that the Federal Government cannot
A. Jacobs, a special assistant at Cus-
Grove Village that will print the bro-
makes it worse.
toms, wrote: "We are the first Ameri-
chure. It already prints the airline
"From that fount of advertising
cans all international travelers con-
ticket folders with advertising inserts
criticism down on the Potomac comes
front. It begins with the Customs Dec-
for Ticket Holder Marketing.
this almost unbelievable proposal to
laration. We are going to transform
turn the simple customs declaration
that experience in the same way that
According to Mr. Shalowitz, he de-
into an ad-carrying, zero-interest
the Statue of Liberty transformed the
veloped his latest concept while
magazine.
non-jet age welcome to America."
searching for territory free of adver-
'Give me your poor, your huddled
Reality will be a little less glamer-
tising. Once the idea blossomed, and
masses.'
ous than that a 12-page, 4½-inch-by-
"heartened by the new more liberal
81/2-inch booklet, with Miss Liberty as
Government attitudes," it took him
the cover girl. It will be built around
about five weeks to locate Mr. Jacobs
the Customs declaration form that
in the Customs headquarters in Wash-
must be filled out by everyone enter-
ington. It turned out that their desires
ing the country.
merged perfectly since Mr. Jacobs, as
The brochure, the first visible
part of "Operation First Impression,"
byproduct of Customs' "Operation
was looking for a way to warm the
First Impression," will open with wel-
welcome without cooling the taxpay-
?
comes from President Reagan and
er, and Mr. Shalowitz was offering
William C. von Raab, Customs com-
just such an opportunity.
John Roberts
TREASURY
CUSTOMS
THE COMMISSIONER OF CUSTOMS
WASHINGTON, D.C.
This memorandum is to request that you authorize a
Presidential message to be provided for use by the
U.S. Customs Service on Operation First Impression.
Objective: Operation First Impression is created within the context
of forming partnerships between the private and public
sector for the good of the United States.
Background:
Operation First Impression is a comprehensive program
financed by the private sector, administered by the U.S.
Customs Service, designed to enhance our border drug
enforcement activities, to serve arriving travelers
better and to protect the Nation's trade without the
expenditure of tax dollars--in fact, expanding our
activities while reducing expenditures.
The themes of Operation First Impression include:
- A welcome to the United States--an official greeting to
our citizens and visitors, visitors arriving by air who
will spend over 15 billion dollars in direct revenues
alone;
- An alert to residents and visitors of Customs laws and
their purposes, to encourage cooperation in Customs' vital
role of protecting this country's revenue--particularly
crucial during a period of essential corporate and personal
income tax reductions and budgetary restraints designed to
put our Nation's economy back on a strong footing;
- And, a building of awareness that drugs will not be permitted
past our borders, as a part of our appeal for a border
policy that will improve detection and interception of
illegal narcotics imports.
The U.S. Customs Service is developing partnerships with corporate
sponsors to transform the welcome travelers have when entering
the United States.
REPLY TO: COMMISHIONER OF CUSTOMS, WASHINGTON, D.C. 20229
B
- 2 -
In one example, the Customs Declaration form, which now costs
approximately $150,000 to print, will be included into a Customs
packet including the theme messages of Operation First Impression,
directions for using the form, warnings about drug trafficking,
a message from the Commissioner--and it is requested, one from
the President--without any cost. The original cost of the form
and the added cost of the information (approximately one-million
dollars annually) will be covered by private expenditures from
corporations interested in reaching the traveling public.
Other aspects of Operation First Impression include exhibits
in Customs areas and at major border crossings, in-flight video
programing, and more useful information to travelers prior to
departure and on arrival--all without expense to the taxpayer.
Request:
It would be most helpful to include a Presidential message within
this program. Therefore, I suggest that you approve the following
remarks for use in Operation First Impression:
"Welcome to the United States. As travelers, many
of you have heightened awareness of your experiences, of
the people you meet and of the places you see--take this
opportunity to discover or rediscover America. As you
cross our open borders, join in symbolically rekindling
the torch of The Statue of Liberty--and join in the
American spirit of initiative, ingenuity, and industry
which made the USA the land of liberty and freedom for
all. Join the American Spirit of government providing
opportunity while individuals--like yourselves--brave
new horizons, expand freedom and create better lives for
us all. There is a you and me spirit in America today,
a spirit of working together in partnership between the
private and public sectors to expand the opportunities
of freedom and justice and liberty for all."
Approve
Disapprove
THE WHITE HOUSE
Welcome to the United States. I'm glad that you're taking this
opportunity to discover America or, for those of you who have been here
before, to explore more of our land. America has always welcomed
travelers, both those coming for a day and those planning to stay a
lifetime. The majestic Statue of Liberty in New York Harbor symbolizes
our commitment to open borders for all those willing to live within our
laws and contribute to making America a better place.
Americans are a patriotic people, but we also value the heritages of
which other nations are justly proud. Most of our citizens can trace their
roots back to some foreign land, so the tradition of hospitality is still
very strong among us. I'm sure that wherever you go, you will find
Americans eager to extend a friendly welcome, to hear about
your country and to tell you about ours. They want your stay to be a
pleasant one, so that when you go back to your own country, it will be
with a clearer understanding of the ideals of liberty and justice on which
our nation was founded.
May your stay be an enjoyable one and the prelude to many more visits
to America.
Ronald Reagan
1
3/29
THE WHITE HOUSE
WASHINGTON
Mbey: documents from
FFF (1/10, 1/19) do not
tell people any more
than they already know
THE WHITE HOUSE
WASHINGTON
January 18, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
esr
SUBJECT:
Customs Declaration Package
Ed Stuckey, Executive Assistant to the Commissioner of
Customs, contacted the private firm involved with the
customs declaration advertising pamphlet in response to your
memorandum of January 10, 1983 (Tab A). He advised me that
the firm was willing to put any necessary disclaimers on
subsequent printings of the pamphlet, to clarify that the
Presidential message was reprinted from documents in the
public domain and was not to be construed as an endorsement
of the advertisers. The firm has already printed over 2.5
million pamphlets, however, (about one month's supply), and
was reluctant to have to pull those back. The firm was also
reluctant to dispense with the Presidential message from
future printings, preferring to use disclaimers. Stuckey
reported that both the firm and the Customs Service thought
they had obtained all necessary White House clearance when
the White House Correspondence Unit provided the message in
question in response to a Customs Service memorandum seeking
approval of the plan (Tab B).
I have obtained one of the pamphlets (Tab C), and it looks
much worse than described to me. In a particularly unfortunate
juxtaposition, the front says "Welcome to the United States"
and contains the Presidential message, over a prominent
facsimile signature, while the back says "Come to Marlboro
Country."
With the message (and facsimile signature) so prominently
displayed, I do not think disclaimers will suffice to
correct misperceptions of Presidential endorsement. I
believe the Customs Service should advise the firm that the
Presidential message must be deleted from its pamphlet. The
difficult question is what to do with the 2.5 million
pamphlets awaiting distribution. The private firm, which
has considerable sums sunk not only in the printing of the
pamphlets but also advertising contracts, can make a fairly
strong case that it justifiably relied upon the assurances
of the Customs Service that it could reprint the message.
-2-
I recommend permitting the firm to distribute existing
pamphlets, on the condition that it discontinue use of the
Presidential message in future printings. I think we should
also try to have the firm stamp "Not an Official Government
Document" on the front of the existing pamphlets, although I
do not know how feasible this would be. Finally, I recommend
advising Customs that the White House Correspondence Unit
concerns itself only with the content of messages and not
the legal propriety of their use.
I have prepared a proposed memorandum embodying the foregoing
recommendations. Printing of the next batch of the pamphlets
is due to commence this week, so prompt action is required.
Attachments:
TAB A - FFF Memorandum to Chief Counsel, Customs
Service (January 10, 1983)
TAB B - Customs Service Memorandum to White House
Correspondence Unit
TAB C - Customs Declaration Pamphlet
4.
THE WHITE HOUSE
WASHINGTON
January 10, 1983
MEMORANDUM FOR RICHARD H. ABBEY
CHIEF COUNSEL
U.S. CUSTOMS SERVICE
FROM:
FRED F. FIELDING Orig. signed by FFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Customs Declaration Package
It has come to my attention that a private firm will soon
begin distribution of advertising packages containing the
customs declaration form and, among other materials, a
message from the President to foreign travelers. The White
House adheres to a policy of not approving the use of the
name, signature, photograph, or likeness of the President in
any fashion which does or might suggest endorsement by the
President of a commercial product or venture. Reprinting
the message from the President in the customs declaration
and advertising package conveys the misleading impression
that the President has endorsed the commercial venture
issuing the package as well as the products advertised in
it. The juxtaposition of an official-looking greeting from
the President and commercial advertising in the package
strikes me as particularly demeaning to the Office of the
Presidency. Whatever rights the private firm marketing the
package may have to reprint non-copyrighted public docu-
ments, it has no right to benefit from the appearance of
Presidential endorsement of its venture or of its adver-
tisers' products.
Ameliorative action must be taken to correct the false
impression of Presidential endorsement. Ideally, the
greeting will be removed from the advertising packages; at
the very least it should be accompanied by appropriate
disclaimers indicating that the greeting is reprinted from a
public document, that the package is not an official
government publication, and whatever else is necessary
completely to disassociate the President from the
advertising package and the products appearing in it.
I think the best course of action would be for the
appropriate officials at the Customs Service to approach the
individuals involved with the advertising package venture
and alert them to the need to correct the misleading
impression of Presidential endorsement. I look forward to
hearing from you on the steps that have been taken to
disassociate the President from this commercial venture.
FFF: JGR:aw 1/10/83
CC: FFFielding/JGRoberts/Subj./Chror
TREASURY
CUSTOMS
THE COMMISSIONER OF CUSTOMS
WASHINGTON. D.C.
This memorandum is to request that you authorize a
Presidential message to be provided for use by the
U.S. Customs Service on Operation First Impression.
Objective: Operation First Impression is created within the context
of forming partnerships between the private and public
sector for the good of the United States.
Background:
Operation First Impression is a comprehensive program
financed by the private sector, administered by the U.S.
Customs Service, designed to enhance our border drug
enforcement activities, to serve arriving travelers
better and to protect the Nation's trade without the
expenditure of tax dollars--in fact, expanding our
activities while reducing expenditures.
The themes of Operation First Impression include:
- A welcome to the United States--an official greeting to
our citizens and visitors, visitors arriving by air who
will spend over 15 billion dollars in direct revenues
alone;
- An alert to residents and visitors of Customs laws and
their purposes, to encourage cooperation in Customs' vital
role of protecting this country's revenue--particularly
crucial during a period of essential corporate and personal
income tax reductions and budgetary restraints designed to
put our Nation's economy back on a strong footing;
- And, a building of awareness that drugs will not be permitted
past our borders, as a part of our appeal for a border
policy that will improve detection and interception of
illegal narcotics imports.
The U.S. Customs Service is developing partnerships with corporate
sponsors to transform the welcome travelers have when entering
the United States.
REPLY TO: COMMISSIONER OF CUSTOMS, WASHINGTON, D.C. 20229
- 2 -
In one example, the Customs Declaration form, which now costs
approximately $150, 000 to print, will be included into a Customs
packet including the theme messages of Operation First Impression,
directions for using the form, warnings about drug trafficking,
a message from the Commissioner--and it is requested, one from
the President--without any cost. The original cost of the form
and the added cost of the information (approximately one-million
dollars annually) will be covered by private expenditures from
corporations interested in reaching the traveling public.
Other aspects of Operation First Impression include exhibits
in Customs areas and at major border crossings, in-flight video
programing, and more useful information to travelers prior to
departure and on arrival--all without expense to the taxpayer.
Request:
It would be most helpful to include a Presidential message within
this program. Therefore, I suggest that you approve the following
remarks for use in Operation First Impression:
"Welcome to the United States. As travelers, many
of you have heightened awareness of your experiences, of
the people you meet and of the places you see--take this
opportunity to discover or rediscover America. As you
cross our open borders, join in symbolically rekindling
the torch of The Statue of Liberty--and join in the
American spirit of initiative, ingenuity, and industry
which made the USA the land of liberty and freedom for
all. Join the American Spirit of government providing
opportunity while individuals--like yourselves--brave
new horizons, expand freedom and create better lives for
us all. There is a you and me spirit in America today,
a spirit of working together in partnership between the
private and public sectors to expand the opportunities
of freedom and justice and liberty for all."
Approve
Disapprove
THE WHITE HOUSE
Welcome to the United States. I'm glad that you're taking this
opportunity to discover America or. for those of you who have been here
before. to explore more of our land. America has always welcomed
travelers, both those coming for a day and those planning to stay a
lifetime. The majestic Statue of Liberty in New York Harbor symbolizes
our commitment to open borders for all those willing to live within our
laws and contribute to making America a better place.
Americans are a patriotic people, but we also value the heritages of
which other nations are justly proud. Most of our citizens can trace their
roots back to some foreign land. so the tradition of hospitality is still
very strong among us. I'm sure that wherever you go. you will find
Americans eager to extend a friendly welcome, to hear about
your country and to tell you about ours. They want your stay to be a
pleasant one, so that when you go back to your own country, it will be
with a clearer understanding of the ideals of liberty and justice on which
our nation was founded.
May your stay be an enjoyable one and the prelude to many more visits
to America.
Ronald Reagan
0000000
&
CUSTOMS DECLARATION FORM ENCLOSED
WELCOME TO
THE UNITED STATES
Welcome to the United States. I'm glad that you're taking this
opportunity to discover America or, for those of you who have been
here before, to explore more of our land. America has always welcomed
travelers, both those coming for a day and those planning to stay a
lifetime. The majestic Statue of Liberty in New York Harbor symbolizes
our commitment to open borders for all those willing to live within our
laws and contribute to making America a better place.
Americans are a patriotic people, but we also value the heritages of
which other nations are justly proud. Most of our citizens can trace their
roots back to some foreign land, so the tradition of hospitality is still very
strong among us. I'm sure that wherever you go, you will find Americans
eager to extend a friendly welcome, to hear about your country and to tell
you about ours. They want your stay to be a pleasant one, so that when
you go back to your own country, it will be with a clearer understanding
of the ideals of liberty and justice on which our nation was founded.
May your stay be an enjoyable one and the prelude to many more visits
to America.
Ronald Reagan
The U.S. Customs Service is proud to serve you. Our intention is to
protect the American way of life. I ask you to join with us in doing our job
to support you upon arrival.
Together we can end the devastating impact of illicit drugs; maintain the
integrity of our economy by protecting U.S. products, trademarks, and
immigration laws; support a healthy economy by depositing in the national
treasury duties levied on foreign goods; and guard our agricultural well
being from contaminated products.
Customs traditio
is woven thr
1789 to 1914, CU
were
income Custom Te
opened
Louisiana and
Oregon territories Florida and Alaska
B first national road, and
the Transcontinental Railroad; built the Military and Naval
Academies the City of Washingto
the list goes on.
As the front lin U.
S
enforce
near 200 years, Custor
menta
the American way of life
join in our wor
inforcing
ove 400 laws for 40 agend
elcome home
Welcome to the United Stat
TREASURY
*
aab
= CUSTOMS SERVICE
oner
Customs Service
SHOW US THIS AD
RENT FROM
NATIONAL.
GETA
for someone etse
U.S. swands. American
FREE
DUTY AND FEDERAL TEX
TIMEDALL™
FOR
:3
MORE AND HAVE NOT CLAIMED THIS EXEMPTION
Now you can get a
and
Federal
TimeBall digital
first Tax where acquired of all
travel/desk
personal and household goods you bring back with
alarm clock
you.
are
usted
below
or are 4 = shipped carret be appriedito your exemption
absolutely free
48
each time you
U.S. Virgin Islands
rent a
523
IF YOU on NOT MEET THE AB-HOUR OR 30-DAY TIME
compact or larger car at
REQUIREMENTS you may bring in $25 or less of items for your own
participating National Car
Rental locations. It's a
personal or household use free of duty and Federal tax However you
must have 36 more than $25 worth or you pay on all dutiable items
$19.95 value!
with no exemption
Or choose a Space-Age
Electronics Gift Certificate. You
TOBACCO, ALCOHOL AND PERFUME
If you are eligible for the $300 exemption, YOU may include 100 CIGARS
The Declaration Form enclosed may be used in lieu of the official Customs Service
can get an additional certificate
each time you rent from National.
for non-U.S. residents, but
and 200 CIGARETTES regardless of your age Cigarettes may be subject
Collect these certificates and redeem
does not apply to tour package,
or local 135 Cuban tobacco products brought directly from Cuba
them for any of 23 exciting free gifts
special promotional and some
peprious *W Allas
from the JS&A catalog. The catalog
weekend rates. Details are available
IT YOU are older you may incrude : LITER 1338 # oz.) of
is also free when you rent from
at participating U.S. locations.
ACCORDLIC BEVERAGE is for your own use or is gift. and if it is
National.
National has over 1,000 locations
showed or the State which you CIQUOR CANNOT BE MAILED
This free offer is good until March
all across the U.S., and rents cars in
INTO THE UNITED STATES
31, 1983 on National's usual low rates
101 countries and territories around
If you are eligible for the $25 exemption. you may DIGARS 50
including commercial rates and
the world through our affiliates
130 be ALCOHOLI SEVERAGE or 150
Passport rates (except in Florida)
Tilden Rent-a-car and Europcar.
02 PERFUMS sentaining accoher
and
and
neen
are
National Car Rental
Internal revenue tax is $10.50 per proof
on distated solets. from 3 to $10.50 00 wine and 5.29 per gallon
europcar
In Europe, Africa and the Middle East it's Europcar. In Canada it's Tild
entanchs the aws of the state in which ngo arrive State laws
as to quantity more may bring 19 Some differ regarding personal
and SM Some states do not allow individuals
to import more liquor than listed even by paying tax.
DUTY RATES
The Congress of the United States has set the resident exemption at $300
$600 for travelers entering directly or indirectly from Guam American
Sames or U.S. S Virgin Islands with certain exceptions - ask the Customs
inspector for details) to simplify the international traveler's re-entry into
the United States
The next $600 in items is generally dutiable at a flat 10% rate 15% for
goods acquired in Guam American Samoa or U.S. Virgin Islands).
brinding the total possible duty on purchases valued at $900 per person to
560 Families living in one household and returning together may
comfune their purchases on a (oint declaration and multiply their
exemptions accordingly
We feature GM cars
like this Pontiac 6000.
Continued on Inside Back Cover)
UNITED STATES CUSTOMS
CUSTOMS
PRESENT TO THE IMMIGRATION AND
EACH ARRIVING TRAVELER OR HEAD OF A FAMILY MUST WRITE
LOWING INFORMATION PLEASE PRINT
1. FAMILY NAME
GIVEN NAME.
2. DATE OF BIRTH (Mai/Day/Yr)
3. VESSEL. OR
ORLD
3. CITIZEN OF (Country)
5. RESIDENTIAL
c. PERMANENT ADDRESS
RD
7. ADDRESS WHILE IN THE UNITED STATES
8. NAME AND RELATIONSHIP OF ACCOMPANYING PAMILY MEMBERS
First in the Orient. First
9, Are you or anyone in your party carrying any truits plants, meats,
Club International
PERFORATION
other plant or animal products, birds, snails, or other live organisms
YES
NO
of any kind?
and entertainment
10. Have you or anyone in your party been on a farm or ranch outside
YES
NO
the U.S.A. in the last 30 days?
Today. Diners Club
11. Are you or any family member carrying over $5000.00 for the equivia-
lent value in any currency) in monetary instruments such as coin
velcoming you to the
currency. traveler checks money orders, or negotiable instruments or
MES
NO
in opening doors for
ALONG
bearer form? (If yes, you must tite a report on Form 4790, as required
by law.) Note: It 15 not illegal to transport over $5000 ID monetary
instruments; however, it must be reported.
to Los Angeles.
12. / certify that / have declared all items acquired aDreed as required herein 200 chat and
tional. Your World Card.
written statements which / have made are true, correct and complete.
SIGNATURE
DINERS
NON-
13. U.S. VISA ISSUED AT (Place)
14. VISA DATE Mo. Day/Yes
CITIZENS
INTER
ONLY
The laws of the United States require that you declare ALL enticles acquired abroad
or used whether dutiable or not, and whether obtained by purchase. and 2
are in your or your family's possession at the me of acrival Repairs anned also must be
declared.
Nonresidents may make an cra declaration T Returning Residence
the rosal price of articles declared forme actually paid or
country where obtained 4 not more than the sum or $300 par person ou List in
Writing On The Reverse Of This Form All Articles And Rhogirs Acquired Abroad Which You Are
Now Bringing Through Customs. (See additional instructions ON are
Idirectly or indirectly) from American Samea, Guam, or the J.S.
345678
articles sent from these possessions you must list ALL acquired articles and
unaccompanied).
All your bangage (including handbags and hand-carried perce(s) may Reine Statements
Made To 2 Customs Officer Are Punishable By Law. Cansula
inspector for full information
STAMP NOS.
USE ONLY
NO. PCS
TIME COMPLETED
BAGGAGE
EXMD.
INSPECTOR
DATE
BADGE NO.
CUSTOMS FORM 6059-8 (11-24-78)
Inc.
1982
Dine
you
Unit
take
carc
was
in th
Fi
DESCRIPTION OF ARTICLES
PRICE
CUSTOMS USE ONLY
Attach Continuation Sheets If Necessary
TOTAL PRICE
State price ACTUALLY PAID. If not purchased, state fair price in country where obtained. You
THIS SPACE RESERVED FOR VALIDATION
may combine articles costing less than $5 each and list as MISCELLANEOUS up to a total of $50.
List separately all other items regardless of cost.
you
is required
return
leave
hours
endorsements are not accepted ) Identification such as a passport
the amount does not exceed the duty by more than $50 (Second
By Government check money order. or traveler's checks. provided
the U.S. Customs Service
You may pay
domine
or state bank or trust company of the United States. made payable to
By personal check in the exact amount of duty drawn on a national
in U.S. (not foreign) currency.
Upon your arrival: you must pay required duty on items you bring with
PAYMENT OF DUTY
family members have been on a ranch or farm within 30 days prior to
other living organisms. You must also indicate whether you or your
material. including fruits meats. plants. food birds. soil, snails or
You must declare and have available for inspection all agricultural
criminal penalties and deportation proceedings.
Anyone who falsely claims United States citizenship is subject to
who conspires to aid persons attempting to import them
one in possession of narcotics or dangerous and restricted drugs or
are civil and criminal penalties. including imprisonment facing any
Do not carry illicit drugs or narcotics into the United States There
undectared negotiable instruments
criminal penalties against you in addition to seizure of the
must be reported Failure to make a report may result in civil and
or out of the U.S. over $5000 in monetary instruments: however. it
obtainable from a Customs Inspector It is not illegal to transport into
monetary instruments. you must file a report on Form 4790
over U.S. $5000 for the equivalent value in any currency) in any
If you or any member of your family traveling with you is carrying
civil and criminal penalties in addition to seizure of goods.
Any article not declared or ortherwise misrepresented may result in
IMPORTANT U.S. LAWS FOR ALL TRAVELERS
Director of Customs for the area where you entered
If you do not return abroad. you must immediately notify the District
you a copy of your list so that you may show it to Customs when you
bringing and note how long you plan to stay The Inspector will give
are non swep SIGNATURE 1511 or non MSE Jobedsu) swotsh V
except gifts and articles consumed during your visit
You must take with you when you leave the United States all articles
months: and you must plan to DP in the United States for at least 72
with VOC you must not have used this gift exemption in the past 6
exemption but not alcoholic beverages You must have the articles
$100 gifts for other persons You may include 100 100cigars in this thisight
Not over one liter of alcohnic neverage for personal consumption
NONE goid STUDENT
50 class or 200 cigarettes or 2 kilograms of smoking tobacco or
for another person or for serve
Personal effects for one's OWN use while traveling. but not intended
(Saxe) pus App 19 (Last
The participant- exemption Bllows the following articles to be brought
NONRESIDENT INFORMATION
back into the U.S. may not DD included in your exemption and are
your exemption. Argeles purchased an U.S. $ duty-free shops and brought
U.S. are subject to Customs duty and restrictions but may be included in
AS at foreign Date Free" shops and brought enterithe
DUTY-FREE SHOPS"
YOU that apply the flat rate more than once every 30 days.
Sthough an actual determination will be made by the
the average purchase is generally
012 IRM auf 10 DOBS
Come to
Marlboro
FILTER CIGARETTES
Country.
Marlboro
16 mg "Tar" 1.0 mg nicotineav. per cigarette, FIC Report Dec B1
Warning: The Surgeon General Has Determined
That Cigarette Smoking Is Dangerous to Your Health.
THE WHITE HOUSE
WASHINGTON
January 19, 1983
MEMORANDUM FOR RICHARD H. ABBEY
CHIEF COUNSEL
U.S. CUSTOMS SERVICE
FROM:
FRED F. FIELDING
111
COUNSEL TO THE PRESIDENT
SUBJECT:
Customs Declaration Package
I have now received a copy of the customs declaration
advertising pamphlet. The Presidential message and facsimile
signature as well as the Treasury Seal are so prominently
featured on the pamphlet that I do not believe any dis-
claimers will suffice to correct the strong suggestion that
the President has endorsed the pamphlet and the advertisers
featured in it. Accordingly, the Presidential message and
signature must be removed from any future printings of the
pamphlet; I would also suggest removal of the Seal.
I have also been provided with a copy of the memorandum from
the Customs Service to the White House Correspondence Unit,
seeking approval of a Presidential message for "Operation
First Impression." It is my understanding that the Corres-
pondence Unit provided the message used in the pamphlet in
response to this request. Please be advised that the
Correspondence Unit concerns itself with the content and
form of Presidential messages, and not the legal propriety
of their use in various contexts. In any event, the memoran-
dum to the Correspondence Unit did not sufficiently describe
the contemplated use of the message in a wholly private
pamphlet containing private advertising, and the response of
the Correspondence Unit cannot be considered any sort of
"White House approval" of the pamphlet as it now exists.
Since it appears that the private firm relied upon
governmental assurances from Customs that it could reprint
the Presidential message and otherwise print the pamphlet,
you will have to gauge how to deal with this. Since this
could result in criticism, you may want to consult with
Peter Wallison as well before deciding if action needs to be
taken to halt distribution of the pamphlets already printed.
To require the firm to stamp "Not an Official Government
Document" on the front of the existing pamphlets prior to
-2-
distribution would cause recipients to be confused as to the
use of the forms. However, some disclaimer must be used if
the pamphlet is to be utilized: Please keep me advised of
your decisions.
CC: Peter J. Wallison
General Counsel
Department of the Treasury
William von Raab
Commissioner of Customs
Edward Stuckey
Executive Assistant to the
Commissioner of Customs
bcc: FFFielding
GRoberts
Subject
Chron
THE WHITE HOUSE
WASHINGTON
January 19, 1983
MEMORANDUM FOR RICHARD H. ABBEY
CHIEF COUNSEL
U.S. CUSTOMS SERVICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Customs Declaration Package
I have now received a copy of the customs declaration
advertising pamphlet. The Presidential message and facsimile
signature as well as the Treasury Seal are so prominently
featured on the pamphlet that I do not believe any dis-
claimers will suffice to correct the strong suggestion that
the President has endorsed the pamphlet and the advertisers
featured in it. Accordingly, the Presidential message and
signature must be removed from any future printings of the
pamphlet; I would also suggest removal of the Seal.
I have also been provided with a copy of the memorandum from
the Customs Service to the White House Correspondence Unit,
seeking approval of a Presidential message for "Operation
First Impression." It is my understanding that the Corres-
pondence Unit provided the message used in the pamphlet in
response to this request. Please be advised that the
Correspondence Unit concerns itself with the content and
form of Presidential messages, and not the legal propriety
of their use in various contexts. In any event, the memoran-
dum to the Correspondence Unit did not sufficiently describe
the contemplated use of the message in a wholly private
pamphlet containing private advertising, and the response of
the Correspondence Unit cannot be considered any sort of
"White House approval" of the pamphlet as it now exists.
Since it appears that the private firm relied upon
governmental assurances from Customs that it could reprint
the Presidential message and otherwise print the pamphlet,
you will have to gauge how to deal with this. Since this
could result in criticism, you may want to consult with
Peter Wallison as well before deciding if action needs to be
taken to halt distribution of the pamphlets already printed.
To require the firm to stamp "Not an Official Government
Document" on the front of the existing pamphlets prior to
-2-
distribution would cause recipients to be confused as to the
use of the forms. However, some disclaimer must be used if
the pamphlet is to be utilized: Please keep me advised of
your decisions.
CC: Peter J. Wallison
General Counsel
Department of the Treasury
William von Raab
Commissioner of Customs
Edward Stuckey
Executive Assistant to the
Commissioner of Customs
THE WHITE HOUSE
with this
WASHINGTON
you may want lo consult with
Peter Wallin as well before
decision of
January 18, 1983
DRAFT
MEMORANDUM FOR RICHARD H. ABBEY
CHIEF COUNSEL
U.S. CUSTOMS SERVICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
otherwise print the paysible you will Game to criticism, gaage how to deal
SUBJECT:
Customs Declaration Package
as will as the Tream Seal
I have now received a copy of the customs declaration
advertising pamphlet. The Presidential message and facsimile
signature are so prominently featured on the pamphlet that I
do not believe any disclaimers will suffice to correct the
strong suggestion that the President has endorsed the
pamphlet and the advertisers featured in it. Accordingly,
the Presidential message and signature must be removed from
in
any future printings of the pamphlet; I would also signt remain 6 the Seal.
I have also been provided with a copy of the memorandum from
the Customs Service to the White House Correspondence Unit,
Since then could remet
seeking approval of a Presidential message for "Operation
First Impression." It is my understanding that the Corres-
pondence Unit provided the message used in the pamphlet in
response to this request. Please be advised that the
Correspondence Unit concerns itself with the content and
form of Presidential messages, and not the legal propriety
of their use in various contexts. In any event, the memoran-
dum to the Correspondence Unit did not sufficiently describe
the contemplated use of the message in a wholly private
pamphlet containing private advertising, and the response of
the Correspondence Unit cannot be considered any sort of
"White House approval" of the pamphlet as it now exists.
from Customs
To require
Nonetheless, Since it appears that the private firm relied
upon governmental assurances that it could reprint the
receiptents to the be
would cause
Presidential message action needs nottbe taken to halt
distribution of the pamphlets already printed. ^ The firm
should be advised, however, to stamp "Not an Official
conquised as to
Government Document" on the front of the existing pamphlets
use of the
prior to distribution Please let me know if any
same forms discluin be Haven and if
fficulties develop with this course of action.
writ
Pater Wallin prin memo)
Centus
+
Consumer
of
CC:
Edward Stuckey
the Plant payable is
Executive Assistant to the
Commissioner of Customs
to be utilized
FFF: JGR:aw 1/18/83
CC: FFFielding/JGRoberts/Subj./Chron
Please heap me
advised erris of your
To
To
Date
Time
Date
Time
WHILE YOU WERE OUT
WHILE YOU WERE OUT
M Wm. VONRAAD
M
Phone of Rm. 31 36
of
Phone
Area Code
Number
Extension
Area Code
Number
Extension
TELEPHONED
PLEASE CALL
TELEPHONED
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
WANTS TO SEE YOU
URGENT
RETURNED YOUR CALL
Message A Richard Abbey
A Message RETURNED Edstuckey YOUR CALL
US. Custom S. SERVICE
Rm. 3136
566 5476
Rm 3305
1301 CONST Operator AVENN
Operator
20229
AMPAD
AMPAD
EFFICIENCY
23-020
EFFICIENCY@
23-020
THE WHITE HOUSE
WASHINGTON
Date
2.23.83
Suspense Date
MEMORANDUM FOR: John
FROM:
DIANNA G. HOLLAND
ACTION
Approved
Please handle/review
For your information
For your recommendation
For the files
Please see me
Please prepare response for
signature
As we discussed
Return to me for filing
COMMENT
FEB 22 1983
TREASURY
UNITED STATES GOVERNMENT
DEPARTMENT OF THE TREASURY
Memorandum
UNITED STATES CUSTOMS SERVICE
SERVICE
DATE:
18 FEB 1983
FILE: MAN-10 CC:AIR
AL-82-03-36
TO
: Fred F. Fielding
Counsel to the President
FROM
: Richard H. Abbey
Chief Counsel
SUBJECT: Customs Declaration Package
to
Amall & Porter
ash to reput
In your memoranda to me of January 10 and 19, 1983, you
expressed serious concern that a message from the President and
ID date- this
the official Treasury Seal were to be contained in a privately
printed Customs declaration packet which also contained
we'll
see
commercial advertising. You requested that action be taken to
assure that the packets not be distributed as printed.
After conferring with General Counsel Peter Wallison and
other senior Treasury officials, the U.S. Customs Service
2/22
withdrew entirely from any association with the commercial
venture, and Customs Advertising, Inc., the private printer, was
denied the authority to utilize the Treasury Seal. Customs
Advertising was directed to remove the President's message and
signature from any future printings of the packet. For your
information we have enclosed a copy of Commissioner von Raab's
letter of February 8, 1983, severing U.S. Customs Service
association with Customs Advertising, Inc.
Enclosure
EABURY
CUSTOMS REPARTMENT
THE COMMISSIONER OF CUSTOMS
WASHINGTON, D.C.
FEB 8 1983
Dear Mr. Shalowitz:
Ever since the unfavorable New York Times article of
December 3, 1982, about the Customs Declaration Pac, there has
been mounting criticism of the project from various offices
within the Government. The target of the critics is the
juxtaposition of the President's message and the Customs seal
with commercial advertising which suggests endorsement of the
advertised products or commercial ventures by the President and
the Customs Service. First, the Government Printing Office
advised that Customs must disassociate itself from this
initiative resulting in my letter to you of December 15, 1982.
Then, in mid-January, White House officials directed that both
the President's message and signature, and the Treasury seal be
removed from the packet.
The White House objection to the packet arrived almost
simultaneously with the first shipment of packets to the
New York Customs office. It is also clear that the packets may
not be distributed by the Customs Service according to Government
Printing Office rules. Moreover, use of the Treasury or Customs
seal without Treasury Department approval would be a violation of
18 USC 701. Under the circumstances, we have not made the
packets available to the airlines, nor will we be able to do so
in the future.
I fully realize what these restrictions mean to you and the
continued viability of the Customs Declaration Pac as we
envisioned it. Regrettably, Customs' association with this
project must cease. I also regret that, due to applicable
statutes and regulations, the Federal Government cannot assume
any of your liabilities on this agreement or offset in any manner
the costs you have incurred. At your direction, we will destroy
the packets in our possession or return them to you.
Should you wish to continue in the commercial marketing of
Customs-related, or any Government-related information, I have
been informed that there is no general prohibition against
duplicating any Government publication or form, and distributing
it as part of a packet containing commercial advertising,
provided that the material contains a clear statement that it
incorporates a reproduction of a Government publication or form.
However, neither the Customs Service nor any other Federal agency
may be involved in its duplication or distribution. If you
choose to market the Customs Declaration packet on your own, the
President's message and signature, and the Treasury seal must be
removed.
REPLY TO: OF CESTIINS. ARHINGTON D.C.
Although it may be little solace, I thank you for your
efforts and the fine work which you have done on this project and
truly regret its unfortunate conclusion.
Will-OU Yours faithfully,
Mr. Richard Shalowitz
Customs Advertising, Inc.
1202 Kirk Street
Elk Grove Village
Chicago, Illinois 60007
To JGR
Date 3/29
Time 9:10
WHILE YOU WERE OUT
M
Richard abbey
of Counsel-Customs
Phone
566-5476
Area Code
Number
Extension
TELEPHONED
X
PLEASE CALL
CALLED TO SEE YOU
WILL CALL AGAIN
WANTS TO SEE YOU
URGENT
X
RETURNED YOUR CALL
Message
returned
Operator
AMPAD
EFFICIENCY
23-020
THE WHITE HOUSE
WASHINGTON
March 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS
220
SUBJECT:
FOIA Request for Customs
Declaration Package Memoranda
Richard Abbey, Customs Service Chief Counsel, has called
inquiring if you have any objection to release of the two
memoranda you addressed to him concerning use of a Presiden-
tial message and facsimile signature on the aborted customs
declaration-advertising package. An FOIA request has been
filed by attorneys for the company involved. Abbey stated
that the memoranda, although perhaps exempt from disclosure
as inter-agency deliberative documents, do not disclose
anything not already known to the company's attorneys.
I have reviewed the memoranda and see no reason to object to
their release. The memoranda establish that the concern
over creating the appearance that the President endorsed the
advertisers originated in our office; that is already known.
The January 19 memorandum states that "it appears that the
private firm relied upon governmental assurances from
Customs" in proceeding with the project, but the firm has a
surfeit of proof of that uncontroverted fact in any event.
THE WHITE HOUSE
WASHINGTON
March 29, 1983
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS por
SUBJECT:
FOIA Request for Customs
Declaration Package Memoranda
Richard Abbey, Customs Service Chief Counsel, has called
inquiring if you have any objection to release of the two
memoranda you addressed to him concerning use of a Presiden-
tial message and facsimile signature on the aborted customs
declaration-advertising package. An FOIA request has been
filed by attorneys for the company involved. Abbey stated
that the memoranda, although perhaps exempt from disclosure
as inter-agency deliberative documents, do not disclose
anything not already known to the company's attorneys.
>how?
I have reviewed the memoranda and see no reason to object to
their release. The memoranda establish that the concern
that
over creating the appearance that the President endorsed the
of
advertisers originated in our office; that is already known.
a
public
The January 19 memorandum states that "it appears that the
private firm relied upon governmental assurances from
I is S just That
Customs" in proceeding with the project, but the firm has a
surfeit of proof of that uncontroverted fact in any event.
Attachments
Check w/ Patan Wallism ASAP
of he has no concern legal
public &
w/ you recording
3/29
PS' - Is them that an FOIA not should
ecept concerned - her
to in times of preceden?
be block release,
THE WHITE HOUSE
WASHINGTON
January 19, 1983
MEMORANDUM FOR RICHARD H. ABBEY
CHIEF COUNSEL
U.S. CUSTOMS SERVICE
FROM:
FRED F. FIELDING
COUNSEL TO THE PRESIDENT
SUBJECT:
Customs Declaration Package
I have now received a copy of the customs declaration
advertising pamphlet. The Presidential message and facsimile
signature as well as the Treasury Seal are so prominently
featured on the pamphlet that I do not believe any dis-
claimers will suffice to correct the strong suggestion that
the President has endorsed the pamphlet and the advertisers
featured in it. Accordingly, the Presidential message and
signature must be removed from any future printings of the
pamphlet; I would also suggest removal of the Seal.
I have also been provided with a copy of the memorandum from
the Customs Service to the White House Correspondence Unit,
seeking approval of a Presidential message for "Operation
First Impression." It is my understanding that the Corres-
pondence Unit provided the message used in the pamphlet in
response to this request. Please be advised that the
Correspondence Unit concerns itself with the content and
form of Presidential messages, and not the legal propriety
of their use in various contexts. In any event, the memoran-
dum to the Correspondence Unit did not sufficiently describe
the contemplated use of the message in a wholly private
pamphlet containing private advertising, and the response of
the Correspondence Unit cannot be considered any sort of
"White House approval" of the pamphlet as it now exists.
Since it appears that the private firm relied upon
governmental assurances from Customs that it could reprint
the Presidential message and otherwise print the pamphlet,
you will have to gauge how to deal with this. Since this
could result in criticism, you may want to consult with
Peter Wallison as well before deciding if action needs to be
taken to halt distribution of the pamphlets already printed.
To require the firm to stamp "Not an Official Government
Document" on the front of the existing pamphlets prior to
-2-
distribution would cause recipients to be confused as to the
use of the forms. However, some disclaimer must be used if
the pamphlet is to be utilized: Please keep me advised of
your decisions.
CC: Peter J. Wallison
General Counsel
Department of the Treasury
William von Raab
Commissioner of Customs
Edward Stuckey
Executive Assistant to the
Commissioner of Customs
bcc: FFFielding
JGRoberts
Subject
Chron
THE WHITE HOUSE
WASHINGTON
January 10, 1983
MEMORANDUM FOR RICHARD H. ABBEY
CHIEF COUNSEL
U.S. CUSTOMS SERVICE
FROM:
FRED F. FIELDING Orig. signed by IFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Customs Declaration Package
It has come to my attention that a private firm will soon
begin distribution of advertising packages containing the
customs declaration form and, among other materials, a
message from the President to foreign travelers. The White
House adheres to a policy of not approving the use of the
name, signature, photograph, or likeness of the President in
any fashion which does or might suggest endorsement by the
President of a commercial product or venture. Reprinting
the message from the President in the customs declaration
and advertising package conveys the misleading impression
that the President has endorsed the commercial venture
issuing the package as well as the products advertised in
it. The juxtaposition of an official-looking greeting from
the President and commercial advertising in the package
strikes me as particularly demeaning to the Office of the
Presidency. Whatever rights the private firm marketing the
package may have to reprint non-copyrighted public docu-
ments, it has no right to benefit from the appearance of
Presidential endorsement of its venture or of its adver-
tisers' products.
Ameliorative action must be taken to correct the false
impression of Presidential endorsement. Ideally, the
greeting will be removed from the advertising packages; at
the very least it should be accompanied by appropriate
disclaimers indicating that the greeting is reprinted from a
public document, that the package is not an official
government publication, and whatever else is necessary
completely to disassociate the President from the
advertising package and the products appearing in it.
I think the best course of action would be for the
appropriate officials at the Customs Service to approach the
individuals involved with the advertising package venture
and alert them to the need to correct the misleading
impression of Presidential endorsement. I look forward to
hearing from you on the steps that have been taken to
disassociate the President from this commercial venture.
FFF: JGR:aw 1/10/83
CC: FFFielding/JGRoberts/Subj./Chror