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118567642
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JGR/BMW Correspondence (4 of 4)
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118567642
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JGR/BMW Correspondence (4 of 4)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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118567642
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1986-12-31
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1986
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1982-01-01
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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/BMW Correspondence (4 of 4) Box: 6 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/ From the desk of THE K. E. MALMBORG MR. John Roberts Office of white House Counsel Room 112 old Exec. United States Department of State Washington, D.C. 20520 white House Copy JUN 4 1985 - Mr. Robert H. Hunter Assistant General Counsel United States General Accounting Office Washington, D. C. 20548 Dear Mr. Hunter: This is in response to your letter of April 18, relating to discounts offered by foreign car makers to persons holding diplomatic passports. We recently furnished the enclosed letter to the Office of Government Ethics which identifies the regulations applicable to issuance of diplomatic passports, and the code of conduct regulations applicable to the employees of the foreign affairs agencies. The final point in your letter concerns possible disposition for profit of foreign cars acquired at a discount. We do not have information on that specific point, but we do have regulations for the foreign affairs agencies (enclosed) restricting excess profits from the disposition of personal property which benefitted from duty-free import status (e.g. a diplomat). We are considering strengthening this policy to preclude excess profits on the disposition abroad of personal property imported into a foreign country or purchased therein under tax or duty free privilege arising from official status. At present, there is no generally applicable law or regulation to prevent or limit the profits which may be made on resale of personal property, however acquired. Sincerely, Michael G. Kozak Designated Agency Ethics Official Enclosure: As stated ENCL. United States Department of State Washington, D.C. 20520 April 15, 1985 Mr. David Martin Office of Government Ethics Office of Personnel Management Washington, D. C. 20415 Dear Mr. Martin: In response to your letter of April 5, the State Department regulations on issuance and use of diplomatic passports by our own employees and others are found at 22 CFR Part 51; in particular, sections 51.3(c), 51.4(d), 51.9, 51.70, 51.71, 51.72, 51.73. You will see that the primary purpose of a passport, whether diplomatic or otherwise, is to facilitate international travel, and no attempt has been made to regulate uses which may be made of such passports within foreign countries by law, practice, or usage of such countries. Of course, our code of conduct for our own employees (22 CFR Part 10) would regulate use of diplomatic passports in the same way as official titles, special privileges and immunities, or other aspects of official status are regulated to avoid conflict of interest or appearance of conflict of interest. The sections which are especially relevant are: sections 10.735-101, 10.735-201, 10.735-202, 10.735-205, 10.735-206 (a) and (b), and 10.735-215. You will note that when a diplomatic passport is issued to an employee of another agency it is the conflict of interest regulations of that agency which become operative, not ours. Sincerely, Michael G. Kozak Deputy Legal Adviser 225 Abuse of Privileges and Immunities 225.1 Evasion of Personal Obligations A diplomatic or consular officer, or other representative of the United States, shall not take advantage of the protection afforded by reason of the officer's official position nor should the officer evade the settlement of just obligations. 5.3 Importation of Personal Property for 225.2 Property Held in Personal Capacity Resale at a Profit If a diplomatic officer holds real or personal Personal property imported to host countries property in a foreign country, in a personal by U.S. citizen employees under diplomatic as distinguished from an official capacity, privileges and immunities must be for their such property not necessary or incident to the officer's official assignment may be sub- bona fide personal use. In instances where there is reason to believe that that would not ject to the local laws. be the intended purpose of the importation, the 226 Reporting on Litigation Chief of Mission or designee will investigate the importation or the request therefore if the Each post shall inform the Department of any importation has not yet been authorized. litigation in a local court in which a U.S. citizen employee may become involved in If the investigation determines that the property employee's private capacity. The post S was imported or intended to be imported under report should be in the form prescribed in diplomatic privileges and immunities primarily section 284.3 for reporting suits against the United States, but should not be marked for the purpose of resale at a profit, the Chief for the attention of the Justice Department. of Mission will take one or more of the following The post S initial report shall include full actions: particulars regarding the accreditation of the employee to the foreign government for (1) As appropriate, deny the request to import purposes of privileges and immunities. the property or deny the sale; Employees of the Foreign Service are respon- (2) Require the employee to repay the U.S. Govern- sible for reporting to their posts of assign- ment the original cost of shipping the property ment litigation in foreign courts in which to post; they may become involved. Employees shall avoid taking actions which may imply an unauthorized waiver of immunity in violation (3) deny use of Embassy facilities for conversion of section 221. 5. or transfer of funds; See section 284.2 for suits against an em- (4) request host government not to authorize trans- ployee in employee's official capacity. fer of title or registration of POV; (5) require property to be re-exported at em- ployee's expense; (6) take such other action as may be appropriate, including recommending disciplinary action against the employee. See also 3 FAM 620, Section 10.735-206 (b) (4), Em- ployee Responsibilities and Conduct, and 6 FAM 165.7 for treatment of this subject. 2 FAM 223 THE WHITE HOUSE WASHINGTON June 27, 1985 Dear Mr. Wilson: Thank you for your letter to the President concerning the purchase of foreign automobiles by certain members of an advance team at a discount available to holders of diplomatic passports. Regulations promulgated by the Department of State do not prohibit the acceptance of discounts available to holders of diplomatic passports. The offering of such discounts by foreign automobile manufacturers is a long-standing practice in several countries. The acceptance of such discounts is not illegal, but the practice had never been reviewed by the White House and the White House had never given guidance on it to members of the staff. After review, we decided to prohibit members of the White House staff from accepting such discounts in the future, unless they are out of the country for 30 days or more. This office has alerted members of the staff to this new policy, and has also suggested to other departments and agencies that they review their policies on this question. With respect to your comments on the particular make of automobile chosen by the individuals in question, I can only state that such decisions are matters of personal consumer preference which it would be inappropriate for the Government to regulate. I hope the foregoing information responds to your concerns. Thank you for sharing your views with us. Sincerely, John G. Roberts Associate Counsel to the President Mr. Franklin B. Wilson President, Wilson's 145 West Third Street Williamsport, PA 17701 JV] ID # 324951 CU TA00416 WHITE HOUSE CORRESPONDENCE TRACKING WORKSHEET o - OUTGOING H INTERNAL I . INCOMING Date Correspondence Received (YY/MM/DD) / / Name of Correspondent: Franklin Wilson MI Mail Report User Codes: (A) (B) (C) Subject: BMWs ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHOLL ORIGINATOR WS / / Referral Note: CUAT 18 R 85,06,25 WS WS 5 85,07105 Referral Note: / / / / - Referral Note: / / / / - Referral Note: / / / / Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I - Into 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 - Enterim 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 originall 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 Fuelding WILSON'S Williamsport, PA. Susquehanna Valley Mall, PA. State College, PA. 145 West Third Street Williamsport, PA 17701 Telephone: (717) 326-2001 June 12, 1985 324951 THE WHITE HOUSE PENNSYLVANIA AVENUE WASHINGTON, DC 20000 Dear Mr. President, With the Trade Deficit as bad as it is, I find it inconceivable that White House Chief of Staff Michael Deaver and 8 other U.S. Officials arranged to buy 9 BMW'S while in Germany on U.S. Business. Mr. Deaver should be terminated from his position, as this represents an intollerable disservice to all tax payers. This may also suggest why Mr. Deaver and his staff chose to go to Bitburg as they were too busy buying BMW'S to represent the U.S. citizens properly. Sincerely, Franklin B. Wilson President P.S. I feel bumping the people in the lower income bracket from 11% to 15% is horrendous. How is this suppose to help the economy? cc Michael Deaver/Chief of Staff, Senator Arlen Specter, Senator John Heinz, Representative George Gekas. THE WHITE HOUSE WASHINGTON June 27, 1985 Dear Mr. Swenson: Thank you for your letter to the President concerning the purchase of foreign automobiles by certain members of an advance team at a discount available to holders of diplomatic passports. Regulations promulgated by the Department of State do not prohibit the acceptance of discounts available to holders of diplomatic passports. The offering of such discounts by foreign automobile manufacturers is a long-standing practice in several countries. The acceptance of such discounts is not illegal, but the practice had never been reviewed by the White House and the White House had never given guidance on it to members of the staff. After review, we decided to prohibit members of the White House staff from accepting such discounts in the future, unless they are out of the country for 30 days or more. This office has alerted members of the staff to this new policy, and has also suggested to other departments and agencies that they review their policies on this question. With respect to your comments on the particular make of automobile chosen by the individuals in question, I can only state that such decisions are matters of personal consumer preference which it would be inappropriate for the Government to regulate. I hope the foregoing information responds to your concerns. Thank you for sharing your views with us. Sincerely, John G. Roberts Associate Counsel to the President Mr. Frank Swenson 218 Kimrod Lane Matthews, NC 28105 325372 ID # CU JV J: WHITE HOUSE TA004-16 CORRESPONDENCE TRACKING WORKSHEET 0 - OUTGOING H INTERNAL I - INCOMING Date Correspondence Received (YY/MM/DD) / / JR-dune Name of Correspondent: Frank Swenson MI Mail Report User Codes: (A) (B) (C) Subject: BMWs ROUTE TO: ACTION DISPOSITION Tracking Type Completion Action Date of Date Office/Agency (Staff Name) Code YY/MM/DD Response Code YY/MM/DD CUHOLL ORIGINATOR 85,06,25 / / Referral Note: CUAT 18 R 85,06,26 585,07,06 Referral Note: / / / / - Referral Note: / / / / - Referral Note: / / / / Referral Note: ACTION CODES: DISPOSITION CODES: A Appropriate Action I * 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 "Fielding" Diplomat's Discount his February, Presidential T aide Michael Deaver and a crew of White House advance men were in West Germany, preparing for Walker/C Gamma Liaison Ronald Reagan's trip to Europe next month. While in Munich, they bought six luxury cars from BMW at its so-called "diplomat's 325372₫ discount" of 15% to 25%. Their purchase made headlines, and some people considered it unethical if not illegal. It is neither. The practice of granting discounts to persons holding diplomatic passports is nothing new. Last year, for example, Daimler-Benz gave 10% discounts to 146 diplomats Michael Deaver, back from Germany purchasing its Mercedes models in Stuttgart. West Germany. Daimler- on official business. Benz recognizes as a U.S. Last month. however. White diplomatic passport one whose House counsel Fred Fielding issued identification number starts with an a memo barring future purchases of X. The carmaker also will honor cars at a diplomatic discount by a passport whose number starts with White House officials who are in a a Y if the bearer has a U.S. State foreign country on government Department letter saying he is abroad business for less than 30 days. 5/9/85 DEAR PRESIDENT REAGAN, / Just HAD TO SEND THE ABOVE ARTICLE To you BECAUSE IT UPSET ME VERY MUCH. WITH OUR COUNTRY SUFFERING FROM IMPORTS BEING So MUCH GREATER THAN EXPORTS IT REALLY BOTHERS ME to SEE us GOVERNMENT PEOPLE BUY- ING FOREIGN CARS. THEY SHOULD BE SETTING AN EX- AMPLE. I'm ABOUT TO BUY A NEW CAR & / CAN PROMISE You THAT IT WILL BE AN AMERICAN ONE. You RECEIVED MY VOTE BOTH TIMES AND I'm STILL ROOTING FOR you. PLEASE KEEP UP THE GOOD WORK. RESPECTFULLY YOURS, Spank Suenson 218 KIMROD LANE NC 28105