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Judicial Watch • Clinton Speech Reviews December 3, 2013

Clinton Speech Reviews December 3, 2013

Clinton Speech Reviews December 3, 2013

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United States Department State
TYashington D.C. 20520
Case No. F-2011-03401
DEC 2013
Ms. Lisette Garcia
Judicial Watch
425 Third St. SW, Suite 800
Washington, 20024
Dear Ms. Garcia: refer our letter dated October 21, 2013, regarding the release certain
Department State records under the Freedom Information Act, U.S.C.
552. have completed the search the files the Office the Legal Adviser
and have determined that three records responsive your request may
released full. All released material enclosed.
Review records from the Office the Legal Adviser ongoing. will
keep you informed your case progresses. you have any questions, you
may contact Department Justice attorney James Todd (202) 514-3378.
Please sure refer the case number, F-2011-03401, and the civil action
number, 13-772, all communications about this case.
;;~ U)aJW
Sheryl Walter, Director
Office Information Programs and Services
Enclosures: stated.
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
!RELEASED FULL]
MEMORANDUM UNDERSTANDING
December 12.2008
This ~mtnt Agreement1 dated this 12th day December, 2008 and
entered into and between the William Clinton Foundation (the foundation).
Arkansas not-for-profit corporation, locatecht 1200 President Clinton Avenue. LiUle
Rock, Arkansas (hereinafter refCT111Ci the Foundation), and the Office the
President-Elect, S0l(c){4) entity. loclited at451 6111 St., NW, Washington,
(hereinafter referred YJT).
WHEREAS, considering Senator Clintons potential service Secretary State, the
Parties seek ensure tbot the Foundation may continue its important philanthropic
activities around the world. which valuable and Cfitical work areas such
HIV/AIDS, climate change and economic development.
WHEREAS, the Parties also seek ensure that the activities oftbe Foundation, however
beneficial, not create conflicts the appearance conftic1s for Senator Clinton
Secretary ofState.
WHEREAS the Parties have agreed set prolOcols that would apply the
Founda~ions activities supplement any existing State Department protocos for managing ~nflitts interests, and tbe appearance conflicts interest, determined 1he State Departments designated agency ethics official.
WHEREAS, the Parties seek memorialite the mutually agreeable protocols related
the activities of~e Foundation during the period which Senator Hillary Clinton serves the Obama Administration.
NOW, 111EREFORE. hereby agreed follows:
BasJsround the CliDtou Foundation single entity,lhe William Clinton Foundation, SOl(c)(3) charitable organization
comprised the Presidential Library and seven initiatives: the Clinton HlV/AlDS
Initiative (CHAI), the Clinton Climate Initiative lCCl), the Clinton Hunter
Development Initiative (CHDI). the Clinton Oiustra Sustainable Growth Initiative
(COSO(). the Clinton Economic Opportunity Initiative (CEO}, the Alliance for
Healthier Generation (..AHG), and the Clinton Global Initiative CGl).
Ov~r. the past eight years, the Foundation has grown into global nongovernmental
organization with 1,100 staff and volunteers more than countries and with offices
New York. New York, Littk:.Rock., Arkansas. Boston, Massachusetts, and other cities
around the world. The Foundation. working collaboration with governments and other
partners. make:; significant impact the lives hundred ofmillions people 11round
the world: 1.4 million people living with HlV/AJDS_
now have access lifesaving drugs
!REVIEW AUTHORITY: Frank Tumminia, Senior Reviewed
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
because the CHAI; more than 1,101) cities have access affordable. clean-em:rgy
products through CCIs purchasing aiJiance; CGI members have made over 1,000
commitments impact more than 200 million lives 100 countries; over 1,000 schools the United States are receiving hands--an assistance promote heahhier learning
environments though AOH; through partnersh.ip between CEO and Inc. magazine, inner
city businesses are matched with successful bUsiness leaders provide tntrepreneur
mcntoring; and CHDI and CGSGl are fostering sustainable development Africa and
Latin America.
Li1ce many 501(c)(3) entities, the Foundation has provided each donor with the freedom decide whether publicize their contribution. Since its inception. Foundation
supporters therefore have con~ributed with the expectation that their contributions are
private unless they choose sh~e them.
Pnridentlal Lllm11y
The William Clinton Presidential Libnuy Uttlc Rock, Arkansas, opened its doors
the publk: November 2004. Since then, more than one million visitors from all
states and from around the world have visited ~he Library. The facility features exhibits
chronicling President Clinlons adminisiration and presidency. addition, the Library,
hosts numbef special events and exhibits each year. The Library bas also fostered
unprecc:dcnlcd economic revitalization downtown Little Rock. helping bring over
$2.0 billion public and private economic development The Clinton Presidential
Library has been awarded the platinum LEED (Leadership Energy and Environmental
Design) certification. making the only federally maintai~cd facility receive this
rec:ognltion.
Clinton HIVIAIDS Initiative
CHAl helping tum the tide the global pandemic working with partJter
governments a.1d other NOOs establish integrated care, treatment and prevention
programs. Over countries have access medicine an~ diagnostics reduced CHAI
prices through its Procurement Consortium program. CHA has staff ori the ground
more than countries, working with host governments help them scale care and
treatment Cl-IAIs efforts ore helping cieat~ and improve overall ealth systems
lowering the cost essentialtests and trealments. bringing HJV AIDS care vulnerable
populations, building human resource capacity. and providing targeted assistance whc:re needed most.
CHAIs work made pos~ible. part. the dedicated governments around the world
who are contributing the global fight ag.ainst.HlV/AlDS and supporting CHAts
effons, including Australia, lreland, Great Britain, Sweden, Canada, France, Denmark,
Nonvay and the Domi11ican Republic: (COPRESU:~IA) well the coWltries who
support UNITAID. consortium more than countries- including france. Brazil.
Norway. Chile, Great Britain -that funds the purchase drugs fight HJV /AIDS,
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
malaria and tuberculosis developing countries. UNlTA contracts with the Clinton
Foundation for the purchase pediatric and second-line AIDS drugs.
Clinton Global Initiative
C_GI is_an annual meeting New York that brings together global leaders. busin.esses and
other potential don~ and NOOs address critical global challenges, inel~ding poverty
alleviation, climate change, global health, and education. CGI emphasizes resuhs. Each
CGI member asked make Commitment Action. Commitments vary duration
and reflect investments time, expertise, and/or resources the form of.gnmts.
commercial social investments, program-expenditures and in-kind contributions. Since
its inception 200S, COl members hnc made over 1,200 Commitments Action..
raisins $46 billion for public. commercial, and charitable entities and causes improve
the liv~ more than 200 million over 150 countries. CGJ funded conference
sponsorship fees and attendance fees. addition the annual meeting, CGI hosts
college and university conference and annual international conference.
Clinton Olmate lniriati.Ve
launched 2006, CCI committed making practical, m~urable and significant
contribution the battle against global warming. Working wJlh the world!s largest
cities, CCI assisting its partner ~ities reduce their greenhouse gas emi~ions through variety large seale progrims including its Energy Efficiency Building Retrofit
Program. which working with major cities. U.S. colleges and universities,. and private
business retrofit hundreds million square feet public and private buildings.
addition, CCI has created purchasing alliance, allowing more than cities bave
access affordable energy-efficient products and has developed along with Microsoft.
and other partners emission trucking tools~ track progress and share best practices. The
only government donor CCI Australia.
Clinton Glustra Sustt~inable Growth lnitiallt~e
COSGl works with the mining industry, local and national governments. and other nongovernmental organizations enable suslainable growth countries where the mining
sector plays significant role. runded primarily signitiC11nt commitments from
Frank Giustra.. Carlos Slim. Lukas Lundin and various miping-related entities.
Clinton Hunter Dt!Velopment /nilimlve
funded Sir Tom Hunter, Scottish entrepreneur. the Clinton Hunter Development
Initiative committed investing $100 million over ten years provide sustainable
economic development Rwanda and Malawi. both Rwanda and Malawi, the British
Department for International Development and CHDI are joint participants certain
p~~.
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
CUnton Econ~mlc OppMtunlty Inltllltive
CEO mission help individuals and families succeed and businesses grow. The
initiative began 2002 with the Harlem Smell Business program, which provided local
businesses with pro bono consuhing servi-ce. This .effort later grew support
tommunity-based programs helping eligible working people access the Earned Income
Tax Credit Today. CEO focused helping people access mainstream finam:iat
services and facilitating business-to-business public service through entrepreneur
mentoring.
AlliDnce Rwthief Generotion
The Alliance for Healthier Generation, partnership with the American Heart
Association, working nationwide combat childhood obesity the United Stales and
inspire all young Ameri~ develop lifelong healthy habits. The Alliance applies
comprehensive approach through itS ltealthy Schools Program. its Kids~ Movement
initiative. its lnduSb) initiative and its Health Care initiative reach children lheir
schools. communities. homes, and doctors offices stop childhood obesity before
starts. Agreemeuts Related C6nton Foaidatiou
Publication foundation Contributors. anticipation Senator Clintons nomination
and confinnation Secretary State. the Foundation will publish its contributors this
year. During any service Senatur Clinton a., Secretary State, the Foundation will
publish annually the nBmes new contributors.
Operation ofCGI. Should Senator Clinton conlhmed Secretary State, the
Foundation will Incorporate COl separate entity from the Fou~dation. President
Clinton will continue his role principal host and identified COls Founding
Chainnan, but will not serve officer director the newly established entity
otherwise serve fiduciary behalf CQI. President Clinton personal!y will not
solicit funds. President Clinton will continue send invitation letters potential
attendees and guests ofCGJ; however, will. longer send sponsorship le~rs (which
seek contributions CGI). Apan for attendance fees for COl. COl will not accept
conbibutlons from foreign governments. COl also will suspend plans for COlInternational events outside tbe United States during any service Senator Clinton
he State Department.
Qpcnujon ofCHA Should Senator Clinton con finned Secretary State, the
foundation will continue perform its HlVIAlPS support activities behalf existing
foreign counuy contributors and fulfillment existing and on-going commitments.
Should existing cantributing cauntry elect ;ncrease ma1erially commitment,
should new contributor country elect support CHAJ, abe Foundation will share such
countries and the circumstances the anticipated contribution with the State Depm:tment
d~ignated agency ethics official for review, and appropriate, the State Departn:enfs
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05457981 Date: 12/03/2013
designated agency ethics official will submit the matter for review designated
official the White House C01Jl.Sels Office. the event the State Department While
House has conNNCI.LT CIO:U.187>
(202) 434-5000
dkcndaU@wc.com
FAX (202) 434 5029
January 2009
VIA HAND DELIVERY
James Thessin, Esq.
Deputy Legal Advisor and
Designated Agency Ethics Official
U.S. Department State
2201 Street,
Washington. 20520
Subject:
Volun~
[RELEASED FULLJ
REVIEW AUTHORITY:
Frank Tumminia,
~enior Reviewer
Agreements
Dear Mr. Tbessin: writing describe the voluntary steps, above and beyond the requirements law
and ethics regulations, that President Clinton intends take assist Senator Clinton
avoid even the appearimce conflict interest with her duties Secretary State;
should she confinned. This letter sets forth these voluntary steps and confinns the
protocols that understand that the State Department intends follow address them.
President Clintons Eamecl Income
Since leaving office, P~ident Clinton has earned income giving speeches the United
States and around the world. writing bookS, and engaging two business relationshipsa coQSultancy with InfoUSA and partnership and consultancy with certain Yucaipa
entities, both ofwbich ended 2007. All President Clintons post-presidency sources income, including from paid speeches and business relationships, have been publicly
reported Senator Clintons aimual public financial disclosure form. Over the course
their collective years public service,. the Clintons also have publicly released years tax returns.
Speech Income
Should Senator Clinton confmned Set.Tetary State, President Clinton will
provide you the agency ethics official you designate (you) the id~ntities
jREVIEW AUTHORITY: Frank Tumminia, Senior Reviewed
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458118 Date: 12/03/2013
Wll.UAMS ~CONNOllY llP
James Thessin. Esq.
January 2009
bost(s) (the entity that pay the speakers fee) proposed paid speeches, that
the Department State (Department1, consultation with the White House
appropriate, may conduct review for any real apparent conflicts interest
with the duties the Secretary State. ensure timely consideration any conflict interest regarding proposed
speech hosts, President Clintons Office will seek provide the names
proposed hosts tater than days before proposed speech. understand that
the Department will seek conduct its review within five (5) days any
submission:
Consulting Income
Should Senator Clinton confirmed Secretar.y.ofState. President Clinton also
wi11 identify you the entities with which proposes enter into consulting
arrangements,.so that the Department, consultation with the White House
appropriate, may conduct review for any real apparent conflicts interest
with the duties the Secretary.
The WWiam CliDton Foundation
President Clinton founded The William Clinton FoWldation (the Foundation). Neither nor Senator Clinton has any financial interest in.or fiduciary role with theFoundation. help ensure, however, that the Foundations activities not create the appearance conflict interest with the duties the Secretary. the FOmdation has entered into the
attached Memorandum Understanding (MOU) with the Office the President-elect. understanding that, pl.liStlant the terms the MOU, you will review the
contributions countries that elect increase materially their commitments the
Foundation, are new contributing countries, the Clinton HIV/AIDS Initiative, the
Clinton Climate Initiative, the Clinton Giustra Sustainable Growth Initiative, and the
Clinton Hunter Development Initiative.
Department Review understand that you intend assess the facts and circumstanceS the voluntary
measures outlined this letter and the MOD-specifically, reviewing potential speech
hosts,. business entities, and certain country contributions the Foundation--in the
context the standards and the procedures C.F.R. 263 5.502, which addresses
impartiality perfonning official duties and specifically appearances conflicts
interest. understand you mayconsult, appropriate, with the White House Counsels
Office the event proposed action raises conflicts concerns~ and that you will advise
the Secretary, President Clinton~ office, ahd the Foundation warranted, applicable
steps that may taken avoid conflicts interest.
UNClASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458118 Date: 12/03/2013
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458118 Date: 12/03/2013
WlLU.AMS CONNOLLY
James Tbessin, Esq.
January 2009 appreciate your attention and guidance these matters.
z__
Attachment
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458118 Date: 12/03/2013
,.:
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458119 Date: 12/03/2013 LCARY
~~~:.~ CUNTON
~nii~~ -S>bd~~ .!i>~Jutfe.
WAS~JNGTON. 20510-3204
January 2009
V1A HAND DELIVERY
Mr. James Thessin
D_eputy Legal Adviser and
Designated Agency Ethics Official
jRELEASED FULQ
u.s.~anrnentofSta1e
Washington, D.C. 20520-6310
Subject: Ethics Undertakings
Dear Mr. Thessin: committed the hi~est standards ethical conduct fC?r government officials.
confirmed Secretary State. required U.S.C. 208(a), will not participate
personally and substantially any particular matter that has direct and predictable effect financial interests those any person whose interests are imputed ine. unless first
obtain written waiver, pursuant section 208(b)(1 qualify for regulatory exemption,
pursuant section 208(b)(2). understand that the interests the following persons are
imputed me: spouse; any general partner partnership which limited
general partner; any organization which serve officer, director, trustee, general partner
employee; and any person organization with which negotiating have arrangement
concerning prospective employment. currently hold and will continue hold position with The Clinton Family Foundation,
which maintains all its assets cash. confirmed Secretary. State, will not participate
particular matter that has direct and predictable effect upon
personally and substantially any
this foundation, unless first obtain written Waiver qualify for re.gulatory exemption. husband foWlded The William Clinton FoDldation. Although neither husband nor
has any financial interest fiduciary role with The William Clinton Foundation (or The
Clinton Global Initiative). husband has been active with this not-for.;profit organization since
its inception: For the dmation appointment Secretary ifi confirmed, will not
participate personally and substantially any particular matter involving specific parties
which The William Clinton Fowdation (or The Clinton Global Initiative) party
represents party, unless first authorized participate. pursuant C.F .R. 2635.502(d). spouse speaks, writes and consults for compensation. confmned. required U.S.C.
208(a). will not participate personally and substantially any particular matter that has
[REVIEW AUTHORITY: Frank Tumminia, Senior Revieweij
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458119 Date: 12/03/2013
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458119 Date: 12/03/2013
direct and predictable effect upon his compensation from persons entities.that pay him, unless first obtain written waiver pursuant U.S.C. 208(b)(1) qualify for regulatoiJ
exemption pursuant U.S.C. 208(b)(2). addition, will not participate personally and
substantially any particular matter involving specific parties which client spouse party represents party, unless first authorized participate, pursuant C.F.R.
2635.502(d). understand that, for purposes this commitment, client spouse
anyone with whom bas contract for his consulting services ana anyone with whorn
negotiating for such contract. avoid even the appearance conflict, husband and are also voluntarily taking steps
that above and beyond the requirements the law and ethics regulations with respect his
personal income earned from speeches and consulting well with resi>ect the William
ClintOn Foundation and its initiatives. these steps beyond the requirements the law and
the ethics regulations, these additional steps are outlined. separately the attached MOU
between the Clinton Foundation and the Office the President-Elect and the attached letter from husbands counsel, David Kendall. understand that you intend assess the facts and
circumstances the additional voluntary measures outlined the MOU and attached letter specifically reviewing potential speech hosts, business entities, and certain country contributions the Foundation- the context the standards and the procedures C.F.R 2635.502
detennjne whether appearance conflict may exist, consultation with the White House appropriate. ask that you advise applicable steps that may avoid any actual
apparent conflicts interest currently associated with three federal political organizations, HillPAC, multicandidate
political committee which Honorary Chair, and two principal campaign committees,
Friends Hillary, which was fonned support Senate eJections, and Hillary Clin1Dn for
President, which was formed support pr~sidential campaign. All three committees are
registered with and report the Federal Election Commission (FEC). confinned
Secretary State, HillPAC will cease active and will tenninate, filing the appropriate
termination report with the FEC, soon practicable. confirmed, Friends Hillary will
become donnant; any funds associated with this entity will only used during service
Secretary State for expenditures related mahltaining and meeting ;my FEC requirements,
including ongoing reporting requirements. Hillary Clinton for President will continue exist
engage activities necessary retire any outstanding debt. the extent required for these
pmposes, will make expenditures maintain it, retire its debt, and meet FEC
requirements, including ongoing reporting requirements. During tenme Secretary State, will not participate the operation deci~ion-making these three entities, and personally
will not solicit, accept receive funds for them and will not use their funds engage any
partisan political activities.
Finally. will recuse myself from participation case case basis any particular matter
which, judgment, detennine that reasonable person with knowledge the relevant
facts would question impartiality, Wlless have been authorized participate under CFR,
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458119 Date: 12/03/2013
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458119 Date: 12/03/2013
Part 263~, Subpart ask that you also bring attention any matters that your judgment
could give rise conflict interest appearance conflict interest and that you
advise applicable steps that may ap{>ropriate avoid such conflicts.
Sincerely,
UNCLASSIFIED U.S. Department State Case No. F-2011-03401 Doc No. C05458119 Date: 12/03/2013