1
500
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https://clinton.presidentiallibraries.us/files/original/0ee76c3e8636e05361e479127cc1a3be.pdf
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PDF Text
Text
Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO ..
AND TYPE
DATE
SUBJECT!TITLE
RESTRICTION
001. FOIA Marker
Folder Title: [Closed Folder Title] [partial] (1 page)
n.d.
Pl/b(l)
002a. email
James Baker to Susan Rice and Pat. Battenfield, re: Sudan Paper edits
(2 pages)
02/20/1996
Pl/b(l), P5
002b. memo
Susan Rice to Anthony Lake and Samuel Berger, re: [Sudan: Options]
_(1 page)
10/20/1995
P1/b(1), P5
002c. memo
Anthony Lake to the President, re: [Sudan: Options] (4pages)
ca. 10/1,995
P1/b(1), P5
002d. paper
Sudan: Discussion Draft (6 pages)
ca. 10/1995
P1/b(l), P5
002e. paper
Sudan: Discussion Draft (with annotations) (7 pages)
10/18/1995
P1/b(1), P5
002f. paper
Sudan: Discussion Draft (with annotations) (6 pages)
ca. 10/1995
P1/b(l), P5
002g. paper
Sudan: Discussion Draft (with annotations) (6 p<j.ges)
ca. 10/1995
P.1/b(1 ), P5
002h. email
James Baker to Daniel Poneman, re: North Korea (1 page)
10/14/1994
P5
llf~.,
002i. paper
Alternative Energy Capability Funding (S pages)
ca. 10/1994
P5
tlf q'l-
002j. memo
Suan Rice to Samuel Berger, re: Deputies Committee Meeting. (7
pages)
10/14/1995
P1/b(1), P5.
002k. agenda
Agenda for NSC Deputies Committee Meeting (1 page)
10/16/1995
P1/b(1)
COLLECTION:
Clinton Presidential Records
National Security Co~cil
Legal Advisor (Baker, James)
OA!Box Number: 3277
FOLDER TITLE:
[Closed Folder Title]
. Kara Ellis
2006-1171-F
kel314
RESTRICTION CODES
Presidential Records Act- [44 U.S. C. 2204(a)]
Freedom of Information Act- [5 U.S.C. 552(b)]
Pl
P2
P3
P4
b(l) National security classified information [(b)(l) of the FOIA]
b(2) Release would disclose internal personnel rules and practices of
an agency [(b)(2) of the FOIA]
b(3) Release would violate a Federal statute [(b)(3) of the FOIA)
b(4) Release would disclose trade secrets or confidential or financial
information [(b)(4) of the FOIA]
b(6) Release· would constitute a clearly unwar~anted invasion of
personal. privacy [(b)(6) of the FOIAl
b(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA)
b(8) Release would disclose information concerning the regulation of
financial institutions [(b)(8) of the FOIAl
b(9) Release would disclose geological or geophysical information
National Security Classified Information [(a)(l) of the PRA)
Relating to the appointmentto Federal office [(a)(2) of the PRA)
Release would violate a Federal statute [(a)(3) of the PRA]
Release would disclose trade secrets or confidential commercial or
financial information [(a)(4) of the PRA]
PS Release would disclose confidential advice between the President
and his advisors, or between such advisors [a)(5) of the PRA)
P6 Release would constitute a clearly unwarranted invasion of
personal privacy [(a)(6) of the PRA)
•.-,.
C. Closed in accordance with restrictions contained in donor's deed.
of gift.
PRM. Personal record misfile defined in accordance with 44 U.S. C.
2201(3).
LIBRARYPUt>TeleBWhe FOIA]
RR. Document wiU be reviewed upon request.
CLINTON
�ATTORNEY-CLIENT'PRIVILEGED
FOR OFFICIAL USE ONLY
Alternative Energy Capability Funding
Question Presented
What legal authorities are available to provide 50,000 metric
tons of fossil fuel (heavy oil or coal) on an inunediate basis to
North Korea, in the event such an. undertaking were to become an
element of an agreement between the United States and the .DPRK.
~he cost of. such an. undertaking is estimated at $5-10 million.
This issue was first raised during the negotiations occurring th~
week of October 10: we further understand that this possible
t~rm of agreement has not been approved or endorsed by policy
makers, .but may be agreed to by negotiators ~d referendum.
This
paper does not addr~ss the related question of legal authority to
provide 500,000 metric tons ~f fossil fuel to the DPRK over the
next ten years.
Conclusion
DOE, State and DOD' have available legal authorities that could be.
rised to fund ari initial installment of fossil fuel, assuming .the
av~ilability of appropriated\ funds.
However; depending on which
agency" is ultimately designated ·to provide long-terin assistance,
should ~olicy makers determine to do sd~ additional. authorization
and appropriations from Congress will be required.
Therefore, we
·could not now legally conunit to a package that included both
elements. ·In addition, counsel for ali thiee agen~ies remain,
c6ncerned ~hat use of their agency iut~orities ip this c6ntext·
could be challenged on the Hill.·
Sununary of Authorities
· a . DOE Funds : *
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I
DOE has authority under the Atomic Energy.Act {AEA), as amended,
to acquire and dispose of personal persbnal property in the
proper performance of functi6ns set forth elsewhere in the Act in
keepingwiththe purposes and policies which the Act prescribes.
Specifically, under secti6n 16l(g), DO~ has authority to acquire,
It appears that the broad restriction of section 620(t) of.the FAA, which
. currently prohibits all assistance under this or any other act with respect to
countries with whom the u.S .. has. severed diplomatic r_elations, can be
interpreted as not applying to· the country ih question with which t~e U.S,. has
never established ·such relations. · rf· this provisl.on-'\fere _ap.plicable, it would·
be'necessary to. establish such relations before using Defense .funds too
provide assistance;
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·purchase and lease personal property and to sell, lease or grant
'that .same personal property. In addition, under section 16l(j),
DOE has authority to "make such disposition as it may.deem
desiiable Qf (l) radioactive m~terials, .and (2) any other
properti, the special disposition of which is, in the opinion of
_the Commission [the.Secretary], in the interest of the national
security." The FY 1995 DOE appropriations contain $_
million/billion authorized for spending· on. these purposes.
Secti6n 3,·the 'purpose" provision Of the AEA, demonstrates that
among the. primary functioris and purpos~s of the DOE uridei the AEA
are peaceful interriational energy coopetation and nuclear
nonproliferation. For example, s~ction 3.c. states that it is ,~\ON p ·
c}. '?,(" .
the purpose of the AEA ~o provide for:
' "' ./ ''cs'
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a program for Government ~ontrol of the possession, use a d
~.
production of atomic energy and. special .n':lclear _material,
~
1
whether they are owned by. the _Government or others, so ·
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directed as to· make the maximum contribution. to the common
· .·
. defe~se and security and the national welf-:"r~, and to pro~id'e~ J-.'>J._~'!!-·
contJ.nued assurance of the Government's abJ.ll. ty to enter J.hto : --·"-and enforce agreements with n~ti6~s. oi .groups of nations for
t~e Control 6f special n~?lear mat~r~als ahd atomic weapons."·
Section 122·of the AEA fUrther ~uthorizes the Secretar~ of Energy
"to gi~e maximum effect to the policies contairied iri any_
int~rnational arrangement made after . . . enactment. [of the AE~
· (1954)] ." The A~t defities "int~rriational arrangement" inter alia
. as "any international agreemeht approved by' the . .Congress.-" · · · · ·
.
.,
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The FY 1995 DOE appropriation co~tains $_ million that ma:y be·
this -n~cleai nonproliferation pu~pos~ ..
available.fo~
· :b. state Funds:
.
.
(1) Economic Stipport Funds (ESF) appropriated under the.Foreign
Operations Appropriations Act. (Foreign Ops Act)) -~funds could.
only be made available pursuant to a speciai waiver authority . ·
· (e.g.,·. sec. 614 (largest annual ceiling), or. sec. 451 of the FAA)·
~aiving foreign aid prohibitioris applicable to the country:
These iriclude prohibitioris on direct and'indirect as~istance to
. the COUntry USing foreign Operations appropriations and on any
·assistance authorized by the FAA on account of a country being
designated a terrorist.or communist state/government [Note: This
paper does not discuss the c6ntent of speci~ic determinations
required to be· made by the President or Secretary of State under
various. sections of the FAA ,incl.uding section 614.] If
insufficient funds are available in the ESF. account,· the FAA'
transfer authority (:Sec. 610·ofthe FAA) may be invoked by the
President t6 transfe~ funds int6 tha:t account. The majority of~
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ESF moneys are earmarked for o-ther purposes (Israel, Egypt, .
Cyprus) leaving ap~roximately $330 million. ~available."
Sectidn
614, .however, ~ay also be used to "unfence" earmarks.
Sectiori 515 of the 1995 Appropriations Act requires ~5 day prior
notification for expenditures for'programs not previously
·justified to' the Congress. While section 614 can be used to
waive this requirement, the Administration would still.be
req~ired to engage in prior ~onsultation with·thecov~rsight
committees . . Significant political problems· could be encountered ·
on 'the Hiil ~urin~ in~ormal and formal constiltations,
·
particularly with regard to the use of foreign operations funds,
sirice the Congress imposed an·explicit.ban this year on the use
of such funds for the country.at issue.
(2) ·Nonproliferation and Disarmament Fund (NDF)
$10M
appropriated for FY 95 ·in the;Foreign Ops Act, subject to a
"notwithstanding" ~uthority but also to the regular (15 day)
notification· procedures.· The theory for using th'is fund is that>.
· the provision ·.of alternative ·energy ·sources furthers disarmament
·and nonproliferation objectives of the initiative.
c . DOD Funds ; . '
(1) Emerg~n~y-and Extr~ordinary Expebses (EEE) authority -~ 10
U.S .c. 127 -- authorizes u·.se of 1 0 & M fun_ds foi "any emergency or
extraordinary expense which c~nnot be anticipated or tlassified."
Has bee~ interpreted to provide 'for expenses where appropriations.~,_-.:
are not otherwis~ available for Hai t::f .and Africa peacekeeping. c\..\'NT.O/v
Separate appropri~tions for certain J:?ranches of the arme?
.
· · · -o1>~
services (e.g., from FY 95 O&M: for Army--· $14,437,000,000;
<:J2.
Navy-- $~,.301,000,000; for Ai.r Force,-,.. ·$8,762,0~0,,?·00; for · . . l.v
~- . _g
Defense-wlde -.:-' $23,768,000,000. However, the maJorlty,.of
,l'l\ ·
Defense~wide ·funds are authorized for specific accounts and are\"'\ · . . . ;;~
not avallable.
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(2) CINC Initiative Fund --.10 u.s.c. 166(a)
authorlzes use ·
of f~nds foi "contingencies": $25M ~ppropriated for this account
·for FY 95: _Aut~orizes Chaiiman of the JCS to' provide funds to an
officer he designates tor specified activities authorized b~
statute including: · (2). contingencies. Tlie statute cites as a
priority "the provision of funds to b~ used for activities with
respect to,~n area or areai not within the area of responsibility
of a commander of a .combatant command that would reduce the
.threat to, or otherwise increase, the national security of the
United States."- Not more than $7 million may be.used tb purchase
items with a utiit cost in excess of $15;000.
··while.this'authority was considered, counsel·(in particular Legal
Counsel for th~ .CJCS) are skeptical at be~t that the contingency
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considered here fall within the scope of the contingencies
Congress intended to be covered by this authority. A decision to
use this authority would require additional legal analysis.
d. Authorities for In-Stock Resources:
Section 552 (c) Drawdown Authority of. the ·FAA
author.i.zes the
President to drawdown the commodities and services in stock of
any USG agency when an "unforeseen emergency requires the
immediate provision of assistance under this chapter." The
chapter authorizes assistanc~ .for· "peacekeeping operations and
other programs carried out in_furtherance of the national
security interests of the United States." One day prior
notification required; $25M annual cap; most flexible of drawdown
authorities, ·~nd thus ther~ are numerous competing needs for it.
-This authority would have to be used in conjunction with.the
section 614 waiver a~thor{ty:· As a practical matter, this
authority would only appear to. be available in. the event that the·,
.fossil fuel in question is s9ft coal, because DOD does nbt have
.heavy oil iri stock.
'
.
.
.
Int~rnational
Nonproliferation Initiative Fund· ~- sec; 1505_ of
the FY 93.National Defense Authorization Act (P.L. 102-:-484), as
amended by sec. 150l(B)(2) of the'~y 95 National Defense
Authori~ation Act (P~L" 103-337), authorizes assistance for:
-.
.
impro~~ internationalcooper~tive
~
"efforts to
monitorir{CINT()t\1 . :
0~ nUClear 1 biological, Chemical and ffiiSSile pr0lifera(t.i0n
• .. ~
through tec}fnical projects and improved information
0 . .
~
N'l/
sharing." .
.
·
·
.
· , .
~'\
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. "
.The authority to provide ·assistance. under this ·section· in th'e.
··
· -0~·'
form of fund~ rriay. be exercised only to-. th~ .extent and ~n the "'-~_t:I'1B~;;~-·:
amounts prov~ded 1.n -advance by appropr1.at1.ons act .. Wh1.le $20. · ..,_ ... .
million was. authorized f6~ FY 95 furid~ ~ere:not appropriated;
against this account for FY-95. . However I assistance under this,
authority may still be provided in the form:of "in~kind
·contributions" and therefore would be a source,of authority for
prov~ding the initial instailment of coal to North ~area.]
··
. .
.
Section 5859(a) is subject ~o a 30-day advance notificafion
requirement; These funds, unlike the foreign operations funds,
are not subject to the~~o~ntry-specific aid prohibi~ions
contained in the FAA. The theory ·for using these funds would be
si~ilar to that for ~sing the NDF; i.e.; th~ provision of fuel
would constitute a technical project which-was part of the effort
to improve cooperative monitqring by_reducing the country's
nuclear capability; :Nonetheless I .. in. the :Judgment of. sor:ne'
counsel_, use .of :this a_uthori ty could be viewed as a stretch as
DRAFT
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FOR OFFICIAL USE ONLY
the illustrative list of ~ctivities envisioned under this statute
are international cooperative activities, e.g., with UNSCOM and
the IAEA.
In the event an international organization were
created to oversee and implement the framework agreement this
concern may fall away.
·
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(i3
a . The EconOmy Act :
a~sence
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Interagency Implementation Mechanisms:
.
·
~~
In the
of Congressional authority for a directed \
\ .
transfer, the interagency transfer of funds· is. governed by t-he .
Economy Act, 31 u.s.c. 153S-!'536.
In short, the Economy Act~--~
permits the obligation of an.ippiopriation of.one agency (the
·:
ord~ring agency) to pay for goods provided by or services
perform~d by ahother agency so long as· bo~h a~en~ies have the
underlying authority to undertake .the activity in question. _In
addition, the Economy Act requires that (1) amounts are
available; (2) the head of the ordering agency decides the order
is in the beSt interest of the ·U.S. Government~ (3). the agency to
fill the order is able to provid~ the ordered gbods or services;
and, (4) the· head of the agency decid~s th~ ord~red goods or
·
services cannot be provided as: conveniently or as cheaply by a
commercial enterprise. ·
~~
iii
I
As applied by the Executive branch~ .in consultation with the
Congre~s, an effecitive Economy Act argument require~ the agency
placing 'the order (i.e., the agency with ~he appropriited funds)
'to demonstrate that the gobd or:service provided hy ~nether_
agency benefits the ~rdering agericy and .that it is ciore. efficient
for the other agency to provide th~ service than forthe ordering
agency to provide i"t; themselves.
This might be the case ~here
two agencies are authorized to expen~ money on nbn-proliferation
activities, b~t one agency may-be better situated with respect to
skill~~ liability ri~ks; etc.
b. Section 632(a) and (b) of·the FAA:
This section provides "Economy Act.-like" authority with respect
to the allocation and reiritbursement among agencies of funds
available under·the FAA.
Funds·al:j_ocated under this. authority
must be obligated and expended ''for the purposes for which
auth6rized, in.accordance with authority granted in this Act or
·under authority governing the activities of the agencies of the
United. States G6vernment to _which such funds are allocated ot
transfe~red."
That is, this authority is 6nly relevant if the
receiving agency has the authority to expend ·the funds for the
purpose for which they were authotized. 1
DRAFT-·
CLINTON LIBRARY PHOTOCOPY
�
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Previously Restricted Documents
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1993-2001
Description
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<p>This collection contains documents that were previously restricted under the <a href="http://www.archives.gov/presidential-libraries/laws/1978-act.html" target="_blank">Presidential Records Act</a> for restrictions P2 (appointment to federal office) and/or P5 (confidential advice between the President and/or his advisors and between those advisors). For more information concerning these collections please see the collection finding aids index. The finding aids detail the scope, content, and provide a box and folder title list for each collection.</p>
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Publisher
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397 folders
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FOIA 2006-1171-F - Sudan
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2006-1171-F
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Previously Restricted Document Release no. 6
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William J. Clinton Presidential Library & Museum
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Reproduction-Reference
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https://clinton.presidentiallibraries.us/files/original/96a8c86eb792931e628cd5b605792c8f.pdf
176999fd9b1d4e4ca243b04212e068d6
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Withdrawal/Redaction Sheet
Clinton Library
DOCUMENT NO.
ANDTYPE
I
~arker
001. FOIA
DATE
.SUBJECTrriTLE
Folder Title: [Closed Folder Title] [partial] (I page)
RESTRICTION
. Pllb(l)
n.d.
002a. email
James Baker to Susan Rice and Pat Battenfield, re: Sudan Paper edits
· (2 pages)
02/20/1996
P1/b(l), P5
002b. memo
Susan Rice to Anthony Lake and Samuel Berger, re: [Sudan: Options]
(1 page)
I0/20/1995
Pllb(I), P5
002c. memo
Anthony Lake to the President, re: [Sudan: Options] (4 pages)
ca. 10/1995
P1/b(1), P5
I·
Sudan: Discussion Draft (6 pages)
ca. I 0/1995
Pllb(l), P5
002e. paper
I
Sudan: Discussion Draft (with annotations) (7 pages)
I 0/18/1995
P1/b(l), P5
I
Sudan: Discussion Draft (with annotations) (6 pages)
ca. 10/1995
Pllb(l),P5
I
Sudan: Discussion Draft (with annotations) (6
ca. I 011995
Pllb(l), P5
.
I
002d. paper
002f. paper
002g. paper
I
p~ges)
·
flf~J
l tf ~z,.
002h. email
James Baker to Daniel Poneman, re: North Korea (I page)
I 0/14/1994
P5
002i. papJ
Alternative Energy Capability Funding (5 pages)
ca. 10/1994
P5
002j. mejo
Suan Rice to Samuel Berger, re: Deputies Committee Meeting. (7
pages)
I 0114/1995
P 1/b(l), P5
Agenda for NSC Deputies Committee Meeting (I page)
10116/1995
P1/b(l)
I
002k.·gr·
COLLECTION:
Clinton Presidential Records
Nation~! Security Council
I
Legal tdvisor (Baker, James)
1
OA/Bo~ Number:
3277
FOLDER TITLE:
[Close~ Folder Title]
Kara Ellis
2006-1171-F
kel314
I
RESTRICTION CODES
Presidential Records Act- [44 U.S.C. 2204(a))
Freedom oflnformation Act- [5 U.S.C. 552(b))
PI
Classified lnformatlo.n J(a)(l) of the PRA]
P2 Relating to the appointment to Federal office [(a)(2) of the PRA)
PJ Release' would violate a Federal statute [(a)(J) of the PRA]
·
P4 Release' would disclose trade secrets or confidential commercial or.
financl~l information [(a)(4) of the PRA)
PS Rdeas~ would disclose confidential advice between the President
and his/advisors, or between such advisors (a)(S) of the PRA)
P6 Release would constitute a clearly unwarranted invasion of
person~ I privacy [(a)(6) of the PRA]
·
/
. C. Closed in accordance with restrictions contained donor's deed
of
PRM. Personal record misfile defined in accordance with 44 U.S.C.
b(l) National security classified information J(b)(l) of the FOlA)
b(2) Release would disclose internal personnel rules and practices of
an agency.((b)(2) of the FOlA) ·
b(J) Release would violate a. Federal statute ((b)(J) of the FOIA)
b(4) Release would disclose trade secrets or confidential or financial
information· ((b)(4) of the FOIA)
b(6) Release would constitute a clearly unwar~anted invasion of
personal privacy !(b)(6) of the FOIA)
b(7) Release would disclose information compiled for law enforcement
purposes ((b)(7) of the FOlA)
b(8) Release would disclose information concerning the regulation of
financial institutions ((b)(S) of the FOlA)
·
b(9) Release would disclose geological or geophysical information
Nation~! Se~urity
in
gift.
2201(3).
.
CLINTON LIBRARWI~W~. ~Pd(~~}.PlIJh. e F.0.IA(
I rnv 1 U\.;Ur
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. RR. Dotument will be reviewed upon request.
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From:
·To: I
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Subj~ct:
.Date:
Baker, James E.
Poneman, Daniel B.
.
./R. Reeord at A1; Kreczko, Alan J.; Aoki, Steven; Wolin, Neal S.
North Korea (UNCLASSIFIED]
.
..
Friday, October 14, 1994 8:38PM
ATI0RNEY-GLIENT PRIVILEGED
Dan:
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Here is the final draft of the legal authorities paper regarding a possible initial installment of fossil fuel. A couple
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.1. The ·Initial draft' has been reviewed and cleared by· agency counsel fro.m DOE, .State, DOD. and JCS. I have
marked. it draft because no counsel has seer:1 the final product.
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2. NSC, DOD, and DO.E counsel do not believe a Nunn-Lugar formula is legally available. Nunn-Lugar funds are
authbrized for the newly independent states and therefore those moneys can not·be used f_or a purpose for which
they rere not authorized or appropriated. Arguing that they were authorized and appropriated for
.
·"Nonproliferation" purpOS!3S. does not work. DOE/GC is still not aware of a Curtis proposal along. these lines and
they have now inquired. . · , .· : . ·
·
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Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Previously Restricted Documents
Date
A point or period of time associated with an event in the lifecycle of the resource
1993-2001
Description
An account of the resource
<p>This collection contains documents that were previously restricted under the <a href="http://www.archives.gov/presidential-libraries/laws/1978-act.html" target="_blank">Presidential Records Act</a> for restrictions P2 (appointment to federal office) and/or P5 (confidential advice between the President and/or his advisors and between those advisors). For more information concerning these collections please see the collection finding aids index. The finding aids detail the scope, content, and provide a box and folder title list for each collection.</p>
<p>The <a href="http://www.archives.gov/presidential-libraries/laws/1978-act.html" target="_blank">Presidential Records Act (PRA)</a> includes provisions that these types of documents be withheld for twelve years after the end of a president's administration. These documents are now being made available to the public. The documents will be released in batches and will be uploaded here as they become available. The documents will also be available in the Clinton Library’s research room.</p>
<p>Please note the documents in this collection may not contain all the withheld documents listed on the collection's withdrawal sheet index.</p>
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Extent
The size or duration of the resource.
397 folders
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
2006-1171-F - Sudan
Identifier
An unambiguous reference to the resource within a given context
2006-1171-F
Is Part Of
A related resource in which the described resource is physically or logically included.
Previously Restricted Document Release no. 7
Format
The file format, physical medium, or dimensions of the resource
Adobe Acrobat Document
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Medium
The material or physical carrier of the resource.
Reproduction-Reference
-
https://clinton.presidentiallibraries.us/files/original/559dc02ca592c8679a621e0b29bbd7a5.pdf
1a220d70e29291a461fd821bee793ea7
PDF Text
Text
Clinton Presidential Library
1200 President Clinton Avenue
Little Rock, AR 72201
501-244-2857
Inventory for FOIA Request 2006-1171-F
Records on Sudan, January 1996 through June 1996
Extent
59 folders, approximately 5,250 pages
Access
Collection is open to all researchers. Access to Clinton Presidential Records is governed by the
Presidential Records Act (PRA) (44 USC 2201) and the Freedom of Information Act (FOIA) (5 USC
552, as amended) and therefore records may be restricted in whole on in part in accordance with legal
exemptions.
Copyright
Documents in this collection that were prepared by officials of the United States government as part of
their official duties are in the public domain. Researchers are advised to consult the copyright law of the
United States (17 USC, 101) which governs the making of photocopies or other reproductions of
copyrighted material.
Provenance
Official records of William Jefferson Clinton’s presidency are housed at the Clinton Presidential Library
and administered by the National Archives and Records Administartion (NARA) under the provisions of
the Freedom of Information Act (PRA).
Processed by
Staff Archivist, 2011. Previously restricted materials are added as they are released.
Scope and Content
The materials in FOIA 2006-1171-F are a selective body of documents responsive to the topic of the
FOIA. Researchers should consult the archivist about related materials.
This FOIA contains material regarding the country of Sudan between January 1, 1996 and June 1, 1996.
The United States had designated the Sudan as a state sponsor of terrorism in 1993. On February 6,
1996, due to increased safety concerns, the United States government suspended operations at the
American Embassy in Khartoum and evacuated American citizens, including Ambassador Timothy
Carney. Throughout the spring, the United States and the international community continued to exert
pressure on Sudan to cease support for terrorist organizations. On January 31, the United Nations
Security Council (UNSC) issued Resolution 1044. The resolution condemned the 1995 assassination
attempt on Egyptian President Hosni Mubarak and called for the extradition of the suspects, who were
believed to be sheltering in Sudan. Following Sudanese failure to comply with the extradition requests,
the UNSC imposed sanctions through Resolution 1054. In the meantime, the United States also
pressured Sudan to expel terrorist financier and Al-Qaeda founder Usama bin Laden, who was residing
in Khartoum. On May 18, 1996, Bin Laden moved to Afghanistan. However, Sudan’s continued failure
2006-1171-F
Clinton Presidential Library’s web site
http://www.clintonlibrary.gov
1
�to extradite the Mubarak assassination suspects led to sanctions in UNSCR 1070 on August 16, 1996.
The Security Council did not lift the sanctions against Sudan until 2001, in Resolution 1372.
Many of the documents responsive to this FOIA are located in the National Security Council Staff and
Office files. In the African Affairs office, the files of MacArthur DeShazer, Shawn McCormick, Susan
Rice, and Erica Barks-Ruggles contain memos, cables, reports, talking points, congressional
correspondence, publications, and press releases regarding many of the issues related to U.S.-Sudan
relations. These include the development and implementation of UN Security Council sanctions, the
Mubarak assassination attempt, the ongoing civil war, and the humanitarian crisis. These files also
contain many documents illustrating the Sudanese points of view on these matters. The files of staffers
in the Intelligence Programs, International Economic Affairs, Legal Advisor and Transnational Threats
directorates all contain responsive material. However, the majority of these records are closed for
national security reasons. For relevant records in the Press Office’s James Fallin and David Stockwell’s
files, see FOIA request 2006-0228-F. Deputy Assistant to the President Nancy Soderberg’s files
contain documents regarding National Security Council meetings on Sudan and the issues affecting
U.S.-Sudan policy in 1996, including the UNSC Resolutions.
The NSC Cables also contain responsive records. These include cables regarding international media
reaction to events concerning the Sudan, 1995 human rights reports, the Security Council resolutions,
and press guidance. The responsive NSC Emails consist of press guidance and fact sheets on United
States policy on Sudan. It should be noted that many of the NSC Cables and Emails have been withheld
due to national security reasons.
System of Arrangement
Records that are responsive to this FOIA request were found in these collection areas – Clinton
Presidential Records: White House Staff and Office Files, and Clinton Presidential Records: NSC Cable,
Email, and Records Management Systems.
Staff and Office files were maintained at the folder level by staff members within their individual offices
and document all levels of administration activity.
Staff and Office files are processed at the folder level, that is, individual documents are not selected and
removed from a folder for processing. While this method maintains folder integrity, it frequently results
in the incidental processing of documents that are not wholly responsive to the subject area.
The following is a list of documents and folders processed in response to FOIA 2006-1171-F:
Box 1
Clinton Presidential Records: White House Staff and Office Files
National Security Council
African Affairs
DeShazer, MacArthur/McCormick, Shawn/Rice, Susan/Barks-Ruggles, Erica
Sudan, December 1995 – January 1996 [1] [OA/ID 2356]
Sudan, December 1995 – January 1996 [2] [OA/ID 2356]
Sudan, December 1995 – January 1996 [3] [OA/ID 2356]
Sudan, December 1995 – January 1996 [4] [OA/ID 2356]
Sudan, February – March 1996 [1] [OA/ID 2356]
Sudan, February – March 1996 [2] [OA/ID 2356]
Sudan, February – March 1996 [3] [OA/ID 2356]
Sudan, February – March 1996 [4] [OA/ID 2356]
2006-1171-F
Clinton Presidential Library’s web site
http://www.clintonlibrary.gov
2
�Box 2
Clinton Presidential Records: White House Staff and Office Files (continued)
National Security Council
African Affairs
DeShazer, MacArthur/McCormick, Shawn/Rice, Susan/Barks-Ruggles, Erica
Sudan, February – March 1996 [5] [OA/ID 2356]
Sudan, April – December 1996 [1] [OA/ID 2356]
Sudan, April – December 1996 [2] [OA/ID 2356]
Sudan, April – December 1996 [3] [OA/ID 2356]
Sudan, April – December 1996 [4] [OA/ID 2356]
Sudan, April – December 1996 [5] [OA/ID 2356]
Box 3
Sudan, April – December 1996 [6] [OA/ID 2356]
Sudan, April – December 1996 [7] [OA/ID 2356]
Intelligence Programs
Beers, Rand
PC Meeting – Sudan, January 1996 [empty] [OA/ID 2644]
DC on Sudan w/Background & Draft Papers (February 1996) [empty]
[OA/ID 2644]
DC/PC Meeting – Sudan, 1996 [OA/ID 2644]
McCarthy, Mary/Beers, Rand
Sudan [1] [OA/ID 2917]
Sudan [2] [OA/ID 2917]
Mitchell, Don
Sudan 96 – 97 [1] [OA/ID 3030]
Sudan 96 – 97 [2] [OA/ID 3030]
International Economic Affairs
Walsh, Helen
Sudan, 1996 [OA/ID 788]
Legal Advisor
Baker, James
[Closed Folder Title] [OA/ID 3277]
Press
Fallin, James/Stockwell, David
Usama Bin Laden (Sudan) [OA/ID 3109]
Staff Director
Soderberg, Nancy
[Soderberg’s Notes from Sudan DC Meeting, 2/22/96] [OA/ID 1394]
Sudan – Working File, 1996 [OA/ID 1408]
2006-1171-F
Clinton Presidential Library’s web site
http://www.clintonlibrary.gov
3
�Box 4
Clinton Presidential Records: White House Staff and Office Files (continued)
National Security Council
Transnational Threats
Clarke, Richard
Counterterrorism – Sudan, 1993 & 1996 [1] [OA/ID 3546]
Counterterrorism – Sudan, 1993 & 1996 [2] [OA/ID 3546]
Counterterrorism – Sudan, 1993 & 1996 [3] [OA/ID 3546]
Terrorism – Sudan, 1996 [OA/ID 3549]
Simon, Steven
Sudan [OA/ID 2243]
Clinton Presidential Records: NSC Cable, Email and Records Management System
NSC Cables
Jan 1995 – Dec 1996
[Sudan...]
[03/01/1996 – 03/04/1996] [OA/ID 510000]
[03/05/1996 – 03/06/1996] [OA/ID 510000]
[03/07/1996 – 03/12/1996] [OA/ID 510000]
Box 5
[03/13/1996 – 03/16/1996] [OA/ID 510000]
[03/17/1996 – 03/21/1996] [OA/ID 510000]
[03/22/1996 – 03/25/1996] [OA/ID 510000]
[03/26/1996 – 03/28/1996] [OA/ID 510000]
[03/29/1996 – 03/30/1996] [OA/ID 510000]
[04/01/1996] [OA/ID 510000]
[04/02/1996 – 04/03/1996] [OA/ID 510000]
[04/04/1996 – 04/06/1996] [OA/ID 510000]
Box 6
[04/08/1996 – 04/10/1996] [OA/ID 510000]
[04/11/1996 – 04/16/1996] [OA/ID 510000]
[04/18/1996 – 04/24/1996] [OA/ID 510000]
[04/25/1996 – 04/27/1996] [OA/ID 510000]
[05/01/1996 – 05/06/1996] [OA/ID 510000]
[05/07/1996 – 05/15/1996] [OA/ID 510000]
[05/16/1996 – 05/22/1996] [OA/ID 510000]
[05/23/1996 – 05/31/1996] [OA/ID 510000]
Box 7
NSC Emails
MSMail – Record (Sept 94 – Sept 97)
[Sudan…]
[01/02/1996 – 01/11/1996] [OA/ID 590000]
[01/19/1996 – 01/25/1996] [OA/ID 590000]
[02/01/1996 – 02/05/1996] [OA/ID 590000]
[02/06/1996 – 02/29/1996] [OA/ID 590000]
[03/01/1996 – 03/26/1996] [OA/ID 590000]
[04/05/1996 – 05/28/1996] [OA/ID 590000]
2006-1171-F
Clinton Presidential Library’s web site
http://www.clintonlibrary.gov
4
�Clinton Presidential Records: NSC Cables, Email, and Records Management System (continued)
NSC Emails
MSMail – Non-Record (Sept 94 – Sept 97)
[Sudan…]
[01/04/1996 – 04/26/1996] [OA/ID 605000]
Last Modified: 07/16/2014
2006-1171-F
Clinton Presidential Library’s web site
http://www.clintonlibrary.gov
5
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Finding Aids - Collection Descriptions & Inventories
Description
An account of the resource
Finding aids at the Clinton Presidential Library contain a detailed description of the collection including the total number of pages or photos and length of video and audio recordings. Finding aids also include background information of the collection’s topic and details on the record type (ex: email, memorandum, briefing book, Betacam video, audio cassette etc). <br /><br />Finding aids describe collections at the box and folder level, and include a folder title list and information about the arrangement of the collection. <br /><br /><strong>Please note the majority of collections have not yet been scanned nor made available online.</strong>
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Sudan - Collection Finding Aid
Identifier
An unambiguous reference to the resource within a given context
2006-1171-F
Description
An account of the resource
This collection consists of materials related to the country of Sudan in the first half of 1996. The United States had designated Sudan a state sponsor of terrorism. The closing of the Embassy in Khartoum, United Nations Security Council Resolutions 1044 and 1054, and calls for expulsion of terrorist financier and al-Qa’ida founder Osama Bin Laden characterized the United States’ interaction with the Sudanese government during this time period. The records in this collection include memoranda, reports, cables, talking points, and press materials concerning United States-Sudan relations.
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Finding Aid