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By law Dubya had to know about the port deal, Exon-Florio statute says so

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norml Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 01:05 PM
Original message
By law Dubya had to know about the port deal, Exon-Florio statute says so
The Exon-Florio statute established a 30-day review following receipt of a notification. For those transactions for which an extended 45-day review (or "investigation") is completed, a report must be provided to the President, who must by law announce the final decision within 15 days. In total, the process can not exceed 90 days.

http://www.treasury.gov/offices/international-affairs/exon-florio/
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 01:07 PM
Response to Original message
1. did you find this?
If so, congrats!
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norml Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 01:16 PM
Response to Reply #1
2. After doing a search I think I'm the first one to find it and post it here
Thanks for the congrats.
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WePurrsevere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 01:34 PM
Response to Original message
3. Another LIE by BushCo... gee what a surprise.
Edited on Wed Feb-22-06 01:34 PM by WePurrsevere
:sarcasm:

This truly is an excellent find. Thanks for putting the time into hunting down this info. B-)

:kick: & R
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grasswire Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 01:39 PM
Response to Original message
4. K&R
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Uncle Joe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 01:42 PM
Response to Original message
5. Somebody filed the notification with those damn P.D.Bs,
they should have known better.
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smoogatz Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 02:58 PM
Response to Original message
6. Laws? It's just a fucking piece of paper.
He's the Pretzeldent. He doesn''t have to say why he does things. We're at war!!! Booga booga booga, support the troops!
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ginnyinWI Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 02:33 PM
Response to Reply #6
20. laws? Laws??
He don't need no stinkin' laws!!

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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 03:25 PM
Response to Original message
7. just because a report was provided doesn't mean he knew about it
you really think shrub reads the bureaucratic drivel that winds up on his desk?
he has people for that sort of thing.

-and once again, do i put the sarcasm or the cry smilie?
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ArbustoBuster Donating Member (956 posts) Send PM | Profile | Ignore Wed Feb-22-06 03:38 PM
Response to Reply #7
8. Use the GRRR smilie.
:mad:
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threadkillaz Donating Member (453 posts) Send PM | Profile | Ignore Wed Feb-22-06 03:42 PM
Response to Original message
9. More on Exon-Florio
Committee on Foreign Investments in the United States (CFIUS)

EXON-FLORIO PROVISION

http://www.treasury.gov/offices/international-affairs/exon-florio/


To assist in making this determination, Exon-Florio provides for the President or his designee to receive written notice of an acquisition, merger or takeover of a U.S. corporation by a foreign entity. Once CFIUS has received a complete notification, it begins a thorough review of the notified transaction. In some cases, it is necessary to undertake an extended review or "investigation." An investigation, if necessary, must begin no later than 30 days after receipt of a notice. Any investigation is required to end within 45 days.


Amendments. Section 837(a) of the National Defense Authorization Act for Fiscal Year 1993, called the "Byrd Amendment," amended Section 721 of the Defense Production Act (the "Exon-Florio provision"). It requires an investigation in cases where:

- the acquirer is controlled by or acting on behalf of a foreign government; and

- the acquisition "could result in control of a person engaged in interstate commerce in the U.S. that could affect the national security of the U.S."

====
Despite Fears, a Dubai Company Will Help Run Ports in New York - 2/17/6
http://www.nytimes.com/2006/02/17/nyregion/17ports.html

Representatives of the White House and the Treasury Department said they had given their approval for Dubai Ports World to do business in the United States after a rigorous review. The decision, they said, was final.

-

The Dubai purchase was approved by the Committee on Foreign Investment in the United States, of which Mr. Snow is chairman and which does not usually disclose information about its deliberations, said Brookly McLaughlin, a spokeswoman for the Treasury Department. Ms. McLaughlin declined to say when the committee began or ended its review of the deal or what national-security implications it considered.

"We as a general rule do not comment at all on any specific transactions," Ms. McLaughlin said. She added that the review could not be reopened unless the company provided false information or omitted important facts.

Stewart Baker, assistant secretary for policy at the Department of Homeland Security, said his department had no information about Dubai Ports World that justified an objection to the deal. Indeed, he said, the company has cooperated with the department in its efforts to secure American ports and ships in foreign ports.

"We did not find derogatory information in our review," he said.

But that review, Mr. Baker said, did not involve gathering information from outside sources, like the Port Authority, because the committee must keep a proposed transaction secret. He said the committee's investigation began in November and ended in mid-January.

====

However, since DPA did not take over a US Corporation, but a UK company who controls US Ports, I am not sure if the Exon-Florio Provision is completely valid for the current case. Perhaps some lawyers should take a look at Exon-Florio and see if Bush should have been involved in this deal.
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norml Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 04:34 PM
Response to Reply #9
12. This Daily Kos article also mentions Exon Florio
Daily Kos: The United Arab Emirates Ports DealThe Exon-Florio provision is implemented within the context of this open ... The sale to state-owned Dubai Ports World was "rigorously reviewed'' by ...
dailykos.com/storyonly/2006/2/20/182222/262 - 25k - Feb 20, 2006 - Cached - Similar pages

http://darksyde.dailykos.com/storyonly/2006/2/20/182222/262
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spuddonna Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 03:48 PM
Response to Original message
10. This is great stuff! Thank you! K&R!
Edited on Wed Feb-22-06 03:48 PM by spuddonna
Off to read more at the linkie...
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displacedtexan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 04:32 PM
Response to Original message
11. It actually reads...
"Exon-Florio provides for the President or his designee to receive
written notice of an acquisition, merger or takeover of a U.S. corporation
by a foreign entity."

So who's the designee this time?
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norml Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 04:38 PM
Response to Reply #11
14. "So who's the designee this time?"
That's a good question.

I guess Dubya could've been out of the loop after all.
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radfringe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 04:38 PM
Response to Original message
13. bush* knows sh*t
he didn't know terrorists could/would fly planes into buildings
he didn't know there were NO WMDs in Iraq
he doesn't know where osama bin-laden is
he doesn't know Ken Lay
he didn't know New Orleans levees would/could break
he doesn't know Jack Abramoff
he didn't know cheney shot someone

and now he didn't know about the port deal?????

just what the hell does he know? obviously not much

time to impeach the village idiot
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Career Prole Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 05:46 PM
Response to Original message
15. Reagan's Executive Order 12661 is extremely relevant....
Sec. 3 - 201. Authority to Review Certain Mergers, Acquisitions, and Takeovers.

(1) Executive Order No. 11858, as amended, regarding the Committee on Foreign Investment in the United States (the ``Committee'') is further amended as follows:

(A) By adding new Sections 7 and 8 as follows:

Sec. 7. (1) Investigations. (a) The Committee is designated to receive notices and other information, to determine whether investigations should be undertaken, and to make investigations, pursuant to Section 721(a) of the Defense Production Act. (b) If the Committee determines that an investigation should be undertaken, such investigation shall commence no later than 30 days after receipt by the Committee of written notification of the proposed or pending merger, acquisition, or takeover. Such investigation shall be completed no later than 45 days after such determination. (c) If one or more Committee members differ with a Committee decision not to undertake an investigation, the Chairman shall submit a report of the Committee to the President setting forth the differing views and presenting the issues for his decision within 25 days after receipt by the Committee of written notification of the proposed or pending merger, acquisition, or takeover. (d) A unanimous decision by the Committee not to undertake an investigation with regard to a notice shall conclude action under this section on such notice. The Chairman shall advise the President of said decision.

(2) Report to the President. Upon completion or termination of any investigation, the Committee shall report to the President and present a recommendation. Any such report shall include information relevant to subparagraphs (1) and (2) of Section 721(d) of the Defense Production Act. If the Committee is unable to reach a unanimous recommendation, the Chairman shall submit a report of the Committee to the President setting forth the differing views and presenting the issues for his decision.

Executive Order 12661


The emphasis there is mine, but damned if I see any wiggle room there about reporting to the president. For a record 10,000th time, I call bullshit on bush.
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progressoid Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Feb-22-06 08:16 PM
Response to Original message
16. k&r
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Marie26 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 01:29 AM
Response to Original message
17. But they never did an investigation.
So there's no reason for the committee to inform Bush.
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FreedomAngel82 Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 01:51 AM
Response to Original message
18. Why else is he threatning a veto?
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Wilms Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Feb-23-06 05:13 AM
Response to Original message
19. K&R n/t
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