Regarding the Proposed Merger of Alcatel and Lucnet Technologies, Inc., 67429-67430 [06-9381]

Download as PDF 67429 Presidential Documents Federal Register Vol. 71, No. 225 Wednesday, November 22, 2006 Title 3— Order of November 17, 2006 The President 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. mstockstill on PROD1PC61 with PRESDOC 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. VerDate Aug<31>2005 15:14 Nov 21, 2006 Jkt 211001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\22NOE0.SGM 22NOE0 67430 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Presidential Documents Sec 4. Publication. This order shall be published in the Federal Register. THE WHITE HOUSE, November 17, 2006. [FR Doc. 06–9381 Filed 11–21–06; 8:45 am] VerDate Aug<31>2005 15:14 Nov 21, 2006 Jkt 211001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\22NOE0.SGM 22NOE0 GWBOLD.EPS</GPH> mstockstill on PROD1PC61 with PRESDOC Billing code 3195–01–P

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[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Presidential Documents]
[Pages 67429-67430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9381]




                        Presidential Documents 



Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / 
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