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Clinton Presidential Library
1200 President Clinton Avenue
Little Rock, AR 72201
Inventory for FOIA Request 2010-0021-F
Records concerning the North American Free Trade Agreement (NAFTA) arbitration
claim of the Loewen Group, Inc.
Extent
13 folders, approximately 1032 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 or 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 Administration (NARA) under
the provisions of the Presidential Records Act (PRA).
Processed by
Staff Archivist, 2011. Previously restricted materials are added as they are released.
Scope and Content
The materials in FOIA 2010-0021-F are a selective body of documents responsive to the topic of
the FOIA. Researchers should consult the archivist about related materials.
The Loewen Group, Inc., a funeral service corporation based in Canada, was sued for breaching
a settlement agreement and engaging in unfair competition in a Mississippi lawsuit in 1995.
After a controversial trial and appealing the verdict, Loewen settled the case. In October of
1998, the Loewen Group, Inc. brought arbitration claims against the United States under the
North American Free Trade Agreement (NAFTA). Loewen contended that the United States
was liable under NAFTA for damages that allegedly resulted from the jury’s verdict in the
Mississippi lawsuit. In June of 2003, an international tribunal unanimously ruled in favor of the
United States in the case of The Loewen Group, Inc. v. United States of America. In additional
to rejecting Loewen’s claims on jurisdictional grounds, the tribunal concluded that Loewen had
2006-1021-F
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�failed to demonstrate a violation of NAFTA because the company had failed to pursue other
remedies available to it under U.S. law. The Department of Justice and the Department of State
represented the United States in this arbitration. The materials in FOIA 2010-0021-F consist of
correspondence, emails, memoranda, notes, and printed materials that date from 1999 to 2000
and describe the Loewen Group, Inc.’s arbitration claims against the United States under the
NAFTA.
System of Arrangement
Records that are responsive to this FOIA request were found in one collection area—Clinton
Presidential Records: White House Staff and Office Files.
Staff and Office files were maintained at the folder level by staff members within their individual
offices and documents 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 2010-0021-F:
Box 1
Clinton Presidential Records: White House Staff and Office Files
Counsel’s Office
Marshall, Bill
Loewen [OA/ID 18426]
Rundlet, Peter
[Draft of the jurisdictional brief in Loewen] [loose] [OA/ID 23666]
Loewen (NAFTA [North America Free Trade Agreement] Arbitration) [1]
[OA/ID 23666]
Loewen (NAFTA [North America Free Trade Agreement] Arbitration) [2]
[OA/ID 23666]
Loewen (NAFTA [North America Free Trade Agreement] Arbitration) [3]
[OA/ID 23666]
Loewen / NAFTA [North American Free Trade Agreement] – Podesta Memo and
other documents [1] [OA/ID 23666]
Loewen / NAFTA [North American Free Trade Agreement] – Podesta Memo and
other documents [2] [OA/ID 23666]
Memorial of the Loewen Group, Inc. [binder] [1] [OA/ID 23666]
Memorial of the Loewen Group, Inc. [binder] [2] [OA/ID 23666]
Memorial of the Loewen Group, Inc. [binder] [3] [OA/ID 23666]
Notice of Arbitration – Mondev International Ltd. v. United States of America [1]
[OA/ID 23666]
Notice of Arbitration – Mondev International Ltd. v. United States of America [2]
[OA/ID 23666]
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�Clinton Presidential Records: White House Staff and Office Files (continued)
National Security Council
International Economic Affairs
Duncan, John
NAFTA [North American Free Trade Agreement]-Arbitration, Loewen
Group [OA/ID 4025]
Last modified: 01/06/2012
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�
Dublin Core
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Title
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Finding Aids - Collection Descriptions & Inventories
Description
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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
Loewen Group’s Arbitration Claims under NAFTA - Collection Finding Aid
Identifier
An unambiguous reference to the resource within a given context
2010-0021-F
Description
An account of the resource
This collection consists of records regarding the Loewen Group, Inc.’s arbitration claims against the United States Government under the North American Free Trade Agreement (NAFTA). The collection includes correspondence, emails, memoranda, notes, and publications that primarily date to 1999 and 2000.
Publisher
An entity responsible for making the resource available
William J. Clinton Presidential Library & Museum
Subject
The topic of the resource
North American Free Trade Agreement (1992 December 17)
Canada
International trade
Free trade
Mississippi
Finding Aid