(Washington, DC)  Judicial Watch, the public interest group that investigates and prosecutes government corruption, today notified Commerce Secretary Carlos Gutierrez that it is seeking access to the meetings and records of the North American Competitiveness Council (NACC) under the provisions of the Federal Advisory Committee Act (FACA) – the federal open meetings law (5 U.S.C App. 2 §3(2)).  Specifically, Judicial Watch seeks to attend and/or participate in meetings of the NACC and its U.S. component subcommittees, the next meeting of which is reportedly scheduled for August 20, 2007 in Montebello, Quebec, Canada.

Secretary Gutierrez launched the NACC, with his Mexican and Canadian counterparts, in June 2006.  The NACC met on August 15, 2006 in Washington and again on February 23, 2007 in Ottawa, Canada.  The NACC has provided over fifty (50) recommendations for action to Secretary Gutierrez and the Security and Prosperity Partnership of North America (SPP).

To further its public interest mission, Judicial Watch previously submitted a request to attend NACC meeting with the organization designated by the Commerce Department as the “Secretariat” of the NACC comprised of the U.S. Chamber of Commerce (jointly with the Council of the Americas).  The Secretariat informed Judicial Watch that as a not-for-profit educational foundation, it was not eligible to participate in NACC meetings.

Judicial Watch’s notice to Secretary Gutierrez stresses the legal requirement for the NACC, and any U.S. component subcommittee(s), to obey the federal open meetings law and file a charter, publish timely notice of meetings in the Federal Register, allow interested parties to attend and participate in meetings, and provide access to committee records.  Judicial Watch believes the NACC has failed to satisfy any of these statutory requirements.

Judicial Watch has also requested that Secretary Gutierrez make all records of the NACC – reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, etc. – available to Judicial Watch in accordance with the provisions of the Freedom of Information Act (5 U.S.C. §552).

“Our goal is to open up this entire SPP process to the American public.  The North American Competitiveness Council is a federal advisory group that cannot operate in secret – especially during the important Quebec SPP summit next month,” stated Judicial Watch President Tom Fitton.  

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Click here to view Judicial Watch's Letter to Secretary Gutierrez

Click here to learn more about the SPP.