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22 November 2006
Copies of the National Security and Special Agreements invited. Send to cryptome[at]earthlink.net.
[Federal Register: November 22, 2006 (Volume 71, Number 225)]
[Presidential Documents]
[Page 67429-67430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no06-160]
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 67429]]
Order of November 17, 2006
Regarding the Proposed Merger of Alcatel and
Lucnet Technologies, Inc.
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including section 721 of the Defense
Production Act of 1950 (section 721), 50 U.S.C. App.
2170,
Section 1. Findings.
I hereby make the following findings:
(1) there is credible evidence that leads me to believe
that Alcatel, a societe anonyme organized under the
laws of France, through exercising control of Lucent
Technologies, Inc. (Lucent), a corporation organized
under the laws of the State of Delaware, might take
action that threatens to impair the national security
of the United States; and
(2) provisions of law, other than section 721 and the
International Emergency Economic Powers Act (50 U.S.C.
1701et seq.), do not in my judgment provide adequate
and appropriate authority for me to protect the
national security in this matter.
Sec 2. Actions Ordered and Authorized.
On the basis of the findings set forth in section 1 of
this order and pursuant to my authority under
applicable law, including section 721, I hereby order
that:
(1) any merger of Lucent and Alcatel that does not meet
the following conditions within the timeframes
specified is prohibited:
(a) Lucent, Alcatel, and Alcatel USA Inc., a wholly-
owned subsidiary of Alcatel, execute, on or before the
closing date of the transaction, a National Security
Agreement (NSA) with the Departments of Defense (DOD),
Justice, Commerce, and Homeland Security, that is
materially identical to the draft NSA negotiated with
those agencies as of November 6, 2006;
(b) Lucent and Alcatel execute, by a date to be
determined by the Secretary of Defense, a Special
Security Agreement (SSA) with the DOD that is
materially identical to the draft SSA negotiated with
the DOD as of November 6, 2006; and
(c) the Secure Subsidiary, which is defined in the
draft SSA and which will be a subsidiary of Lucent,
execute the two documents described in (a) and (b)
above, by a date to be determined by the Secretary of
Defense;
(2) the Attorney General is authorized to take any
steps necessary to enforce this order.
Sec 3. Reservation.
I hereby reserve my authority until such time as the
NSA and SSA are executed as required by this order, or,
if the NSA and SSA are not so executed, until such time
as the prohibition of the merger required by this order
has been fully enforced, to issue further orders with
respect to the parties as shall in my judgment be
necessary to protect the national security.
[[Page 67430]]
Sec 4. Publication.
This order shall be published in the Federal Register.
(Presidential Sig.)
THE WHITE HOUSE,
November 17, 2006.
[FR Doc. 06-9381
Filed 11-21-06; 8:45 am]
Billing code 3195-01-P