(2017-0480-F Segment 1) Committee on Foreign Investment in the United States (CFIUS)

60 folders, approximately 4,535 pages

This collection is the first segment of a request for all records related to the Committee on Foreign Investment in the United States (CFIUS). The period requested was for the first year of the Clinton administration. The collection dates from 1992 to 1994, reflecting both the way White House staff organized their records and archival processing. This collection is heavily withdrawn and very few records are available for release under current U.S. law. Open records include memorandum, administrative forms, emails, cables, and correspondence.

The materials in FOIA 2017-0480-F (Segment 1) are a selective body of documents responsive to the topic of the FOIA. Researchers should consult the archivist about related material. This collection is the first segment of a request for all records related to the Committee on Foreign Investment in the United States (CFIUS). The period requested was for the first year of the Clinton administration. The collection dates from 1992 to 1994, reflecting both the way White House staff organized their records and archival processing. This collection is heavily withdrawn and very few records are available for release under current U.S. law. Open records include memorandum, administrative forms, emails, cables, and correspondence. The CFIUS was created through Executive Order (E.O.) 11858 in May 1975. That order has since been amended by Executive Orders 12188, 12661, 12860, 13456, and 14083. The executive orders cite as their authority Section 721 of the Defense Production Act of 1950. In 1988, The Exon-Florio Amendment–originally at 50 U.S.C. Appendix 2170 (eliminated in 2015)–amended section 721 of the Defense Production Act. The Exon-Florio Amendment required that all foreign investments in the United States that might have an effect on national security be reviewed. If there was a likelihood that a foreign investment might be detrimental to U.S. national security the President could block that sale. Between 1990 and 2024 the President had only used this authority to block transactions nine times, none of these were during the Clinton administration. CFIUS reviews more than 300 transactions a year. Typically, no more than approximately 150 of those become official investigations, the majority remain notices. The role of CFIUS has been largely the same since the creation of the committee. In addition to its oversight and national security role the committee is responsible for compilation of statistics and data related to foreign investment in the United States and for advising the President on policy related to foreign investment. Though policy and procedure related to foreign direct investment and the CFIUS is readily available, for the majority of its 50-year existence the work of CFIUS has remained relatively obscure. President Ford’s Executive Order 11858 noted in section 5 that “Information which has been submitted or received in confidence shall not be publicly disclosed, except to the extent required by law; and such information shall be used by the Committee only for the purpose of carrying out the functions and activities prescribed by this order.” Through the Treasury Department, the Committee continues to honor that position noting on the committee web site, “Section 721 of the Defense Production Act of 1950, as amended, mandates confidentiality protections with respect to information filed with the Committee. It prohibits the Committee from publicly disclosing any information filed with the Committee, subject to limited exceptions. Information and documentary material filed with the Committee are also exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 552. Consistent with section 721, the Committee does not publicly confirm or deny that a transaction has been notified to CFIUS. If the parties themselves publicly disclose documentary material or information filed with CFIUS, such documentary material or information may subsequently be reflected in the public statements of the Chairperson of CFIUS.” Notification and review is a process that depends almost wholly on voluntary notice and the willingness of companies to participate in this review on their own. The hope is that by guaranteeing confidentiality companies will be more likely to participate in the process. The result however–as can be seen in this Freedom of Information Act case–is that very little information can be, or is, released regarding the committee and its functions.

Textual

Records that are responsive to this FOIA request were found in these collection areas—Clinton Presidential Records: White House Office of Records Management (WHORM), WHORM Subject Files, Clinton Presidential Records: WHORM Subject Files CF, Clinton Presidential Records: White House Staff and Office Files, and Clinton Presidential Records: NSC Cable, Email, and Records Management Systems. The White House Office of Records Management (WHORM) contains a variety of series created to organize and track documents and correspondence. The WHORM Alpha file was compiled by the White House Office of Records Management from 1993 – 1996 and is a series of documents arranged by name of persons, organizations, or events. The WHORM Subject file was compiled by the White House Office of Records Management and is a series of categories designated by a letter/number combination. In addition, there are WHORM, WHORM Counsel, WHORM (CL), WHORM (OP), WHORM (Too Late); WHORM (Various Offices); and WHORM (Alpha Project) series. 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. FOIA 2017-0480-F (Segment 1) includes WHORM records from these subject codes: FG102 Committee on Foreign Investment in the United States FO004 Financial Relations.

This collection is open to all researchers. Access to Clinton Presidential Records is governed by the Presidential Records Act (PRA) (44 U.S.C. Chapter 22, as amended) and the Freedom of Information Act (FOIA) (5 U.S.C. 552, as amended) and therefore records may be restricted in whole or in part in accordance with legal exemptions.

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).

Committee on Foreign Investment in the United States

Staff Archivist, 2025. Previously restricted materials are added as they are released.

The following is a list of documents and folders processed in response to FOIA 2017-0480-F (Segment 1):
Box 1
Clinton Presidential Records: WHORM: Subject File
Category Case Number
FG102 008682SS
FG102 034532SS
FG102 039117
FO004 016713
Clinton Presidential Records: WHORM: Subject File CF
FG102* [Empty]
Clinton Presidential Records: White House Staff and Office Files
Council of Economic Advisers
Committee on Foreign Investment in the United States [Fax, 9/7/1993] [OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-51][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-54] [1][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-54] [2][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-55] [1][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-55] [2][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-56] [1][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-56] [2][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-56] [3][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-57][OA/ID CF 1946]
Box 2
Committee on Foreign Investment in the United States [Case No. 93-58] [1][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-58] [2][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-58] [3][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-59] [1][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-59] [2][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-59] [3][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-59] [4][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-60][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-61][OA/ID CF 1946]
Box 3
Committee on Foreign Investment in the United States [Case No. 93-62] [1][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-62] [2][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-63][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-64][OA/ID CF 1946]
Committee on Foreign Investment in the United States [Case No. 93-65][OA/ID CF 1946]
Committee on Foreign Investment in the United States [November 10, 1993 Item][OA/ID CF 1946]
Blinder, Alan
CFIUS [1] [OA/ID CF 157]
CFIUS [2] [OA/ID CF 157]
CFIUS [Committee on Foreign Investment in the United States] [OA/ID 2748]
Clausing, Kimberly
CFIUS [OA/ID CF 1814B]
Foreign Technology Acquisition [OA/ID CF 1814B]
Coibion, Oliver
CFIUS [OA/ID CF 1315B]
CFIUS [Folder 1] [1] [OA/ID CF 1813B]
Box 4
CFIUS [Folder 1] [1] [OA/ID CF 1813B]
CFIUS [Folder 2] [OA/ID CF 1813B]
CFIUS [Folder 3] [1] [OA/ID CF 1813B]
CFIUS [Folder 3] [2] [OA/ID CF 1813B]
CFIUS [Folder 3] [3] [OA/ID CF 1813B]
CFIUS [Folder 4] [OA/ID CF 1813B]
CFIUS [Folder 5] [OA/ID CF 1813B]
CFIUS [Folder 6] [1] [OA/ID CF 1813B]
Box 5
CFIUS [Folder 6] [2] [OA/ID CF 1813B]
CFIUS [Folder 7] [OA/ID CF 1813B]
CFIUS [Folder 8] [OA/ID CF 1813B]
CFIUS [Folder 9] [OA/ID CF 1813B]
Weber, Elizabeth
CFIUS Regulations [OA/ID CF 1935]
Management and Administration
Moore, Matt
GAO - CFIUS Inquiry [OA/ID CF 104]
National Security Advisor
Legal Advisor
Wolin, Neal
Foreign Investment Policy [OA/ID 2373]
Clinton Presidential Records: NSC Cable, Email, and Records Management System
NSC Cables
Jan 1993-Dec 1994 [OA/ID 505000]
[Committee on Foreign Investment]
[02/12/1993-07/01/1993]
[Exon-Florio]
[01/04/1993-10/09/1993]
NSC Email
A1-Record (Jan 93-Sept 94) [OA/ID 570000]
[CFIUS]
[07/02/1993-01/14/1994]
[Foreign Investment]
[05/19/1993-01/04/1994]
NSC Records Management System
[CFIUS]
9301370 [OA/ID 165]
9307588 [OA/ID 165]
[Intl. Investment]
9306654 [OA/ID 160]