The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
Dapartment of the Treasury Ubrary MAR 2 [ 2008 Treas. HJ 10 .A13 P4 v.444 Department of the Treasury PRESS RELEASES Numbers not used: HP-675, 686, 690, 717, and 721 np-(JOu: --UVUATELJ--<br>Treasury Secretary Paulson Travels to Africa Page 1 of2 November 9, 2007 hp-660 --UPDATED-Treasury Secretary Paulson Travels to Africa Treasury Secretary Henry M. Paulson, Jr. will travel to Tanzania, South Africa, and Ghana next week to attend the meeting of G-20 Finance Ministers and Central Bank Governors and discuss the positive economic changes taking place on the continent with government and business leaders. Africa is experiencing its highest rates of growth and lowest levels of inflation in 30 years, prompting increasing investor interest in the continent. Secretary Paulson will use his trip to discuss the underpinnings of Africa's recent growth and explore ways in which the international financial community can further support Africa's development. Additionally, Secretary Paulson will be highlighting the importance of conservation efforts in Africa and the complementary role they play with economic growth. The Secretary will depart on Nov. 13 and arrive in Arusha, Tanzania on Nov. 14. On Nov. 15 he will co-host with Tanzanian Finance Minister Zakia Meghji a discussion on regional financial integration with the other finance ministers of the East African Community. While in Arusha he will also visit an innovative land trust and tour a mosquito net factory. He will then travel to Cape Town, South Africa where he will deliver remarks on Nov. 16 at the U.S.-Africa Business Summit organized by the Corporate Council on Africa. While in Cape Town he'll also tour a cookie factory that employs disadvantaged women from a neighboring township, illustrating the importance of spreading economic opportunity. He will attend the meeting of G-20 Finance Ministers and Central Bank Governors in Kleinmond, South Africa on Nov. 17 and 18. On Nov. 19, Secretary Paulson will be in Ghana to meet with President John Kufuor and co-host with Ghanaian Finance Minister Kwadwo Baah-Wiredu a meeting with private-sector financial leaders on financial sector development in West Africa following a tour of the Ghana Stock Exchange. Later that day he will be joined by U.K. Chancellor of the Exchequer Alistair Darling and African Development Bank President Donald Kaberuka to discuss infrastructure investment during a tour of Akosombo Dam. The following events are open to the press: What When Where Visit Manyara Ranch and Meet with Community Leaders Thursday, November 15, 8:00 a.m. Local Time Manyara Ranch Arusha, Tanzania *** What When Where Tour A to Z Mosquito Net Factory Thursday, November 15, Time TBA Unga Limited Industrial Area Arusha, Tanzania *** http://www .treas.gov/press/releases/hp660.htlll 1118/2008 I1p-660: --UPDATED--<br>Trcasury Secretary Paulson Travels to Africa What When Where Page 2 of2 Remarks to Corporate Council on Africa's U.S.-Africa Business Summit Friday, November 16, 8:00 p.m. Local Time Cape Town Convention Center Convention Square 1 Lower Long Street Cape Town, South Africa *** What When Where Visit Khayelitsha Cookie Company Sunday, November 18, Time TBA Khayelitsha Township Cape Town, South Africa *** What When Where Tour of Akosombo Dam Monday, November 19, Time TBA Akosombo DamAccra, Ghana -30- http://www.treas.gov/press/releases/hp660.htm 111812008 Page 1 0 t")~ About CCA II ., "11 .1I;..··" __ I."J ~J 1 ( Board 1 Members 1 Staff 1 Working at CCA 1 Programs & Services I' Business Linkag About eeA The Corporate Council on Africa (CCA), established in 1993, is at the forefront of sl and facilitating the commercial relationship between the United States and the Afric CCA works closely with governments, multilateral groups and business to improve' continent's trade and investment climate, and to raise the profile of Africa in the US community. CCA members believe that Africa's future success depends upon the ability of its el and business people to create and retain wealth through private enterprise. Americ, and private individuals can contribute most effectively by building partnership and n the African private sector in the areas that America knows best: private enterprise, I capital, technology transfer and management. CCA programs are designed to bring together potential business partners and raiSE investment profile in the US by developing critical contacts and business relationsh providing a forum for the exchange of information and ideas. http://www.africacncLorg/About CCAlindex.asp 1/18/2008 About CCA Page 2 of2 1100 17th Street, N.W., Suite 1100 Washington, DC 20036 Tel: (202) 835-1115 Fax: (202) 835-1117 E-mail: cca@africacncl.org http://www.africacnci.org/About CCAlindex.asp 1118/2008 2UU7 Page 1 of 12 U.S.-AFRICA 3UMMIT ;, J""'';;'' Ttl L: , -' ,..-i ~) - , ':, 'J Nov, 14-16. 2007 - Ccipe T G'A;, 1. Sou th A.friu Agenda (PilCJe) I Workshops (Page) I Summit EXPO From November 14-16 more than 800 leaders from the public an~j private sectors from the United States, Africa and other continent:; convened for the 6th biennial Corporate Council on Africa 2007 U,S Africa Business Summit at the Cape Town Convention Centre ,,' CClpe Town, Soutll Africa. ;.,fter yeZlrs of hosting the Summit in tilt' U.S., CCA took Oil tho \;0 courageous chClllenge of hosting the ~~o\.Jlnn1it in Africa for tllO fir~,i time-and like many investment opportunities on the continont. 1. was a high-risk venture that resulted in high returns for CCA al'~ Summit delegates. The environment created by this Summit W2,~ conducive to participants receiving what they ("arne for-Cl bett.;! understanding of the issues facing the continent, i1nd meetin representatives who will help them make inroads into the huslnes" world in Africa. With experts naming AfricCl as the worlei's emerginS) (1,arkut \A tho future, the Sumrnit WdS a perfect tiln!- ilnd occ~,:,icn fe'r ki', stakeholders to discus" the future Oi IIJlJestment <if.': CC,:i:hilil urowth on the continent. The Summit kicked off with an Opening G,lid Oiill1r;i" which Ir>dUi8C line-up of esteemed husiness leaders, includinCJ ,1" ::1(Jdress by Sou: Africa's Oeputy President, Her Excellency PtlllnlZIic r'.llall1b'-l-r~~~Cllk;' http://www.africacncl.org/(!cd4zx55525 15uau2qxflq45)/CCA Summits/2007 Summit.asp 1118/2008 LDU1 U.~.-AFRICA Page 2 of 12 SUMMIT The Summit featured six plenary sessions focusing on important timely issues facing business leaders on both sides, including a discussion between U.S. business leaders and an African Head of State, energy and power, the impact of Chinese investment in Africa, health, finance and African stock exchanges. Summit delegates also attended several of the 36 workshops offered. Workshop topics included telecommunications, tourism, bio-fuels, and many more. H.E. Hifikepunye Pohamba, President, Republic of Namibia; H.E. Yoweri Museveni, President, Republic of Uganda; H.E. Rama Krishna Sithanen, Deputy Prime Minister, Republic of Mauritius; The Honorable Henry M. Paulson, Jr., Secretary of the Treasury, U.S. Department of the Treasury; H.E. Mandisi Mpahlwa, Minister of Trade and Industry, Republic of South Africa; The Honorable Robert Mosbacher, Jr., President, OPIC; Mr. Ferdinando Beccalli-Falco, President & CEO, GE International; Mr. Geoffrey White, CEO, Lonrho PLC; The Honorable Thomas Pickering, Vice Chairman, Hills & Company, Professor Yang Guang, Director General, Institute of West-Asian and African Studies, Chinese Academy of Social Sciences; Ambassador Princeton Lyman, Council on Foreign Relations, Former United States Ambassador to South Africa and Nigeria; The Honorable Joseph Grandmaison, Member, Board of Directors, U.S. Export-Import Bank; Mr. N.N. Kitomari, Chairman, Commercial Bank of Africa; Mr. Arnold Ekpe, CEO, Ecobank Transnational Inc; and Mr. Kenneth Ofori Atta, CEO & Founder, Data Bank, Ghana were just some of the leaders who offered their opinions and expert analyses during Summit sessions. More than 130 print and broadcast stories ran in various local and international media outlets. If you have any questions, please e-mail summit@africacncl.org Levels of Sponsorship TITANIUM LEVEL Department: Trade and Industry REPUBLIC OF SOUTH AFRICA http://www.africacnc1.org/(lcd4zx5552515uau2qxflq45)/CCA Summits/2007 Summit.asp 1118/2008 Ht'-oo 1: 'I reasury Targets 15 Leaders of Colombian Narco-Terrorist Group Page 1 of2 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 1, 2007 HP-661 Treasury Targets 15 Leaders of Colombian Narco-Terrorist Group The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) today announced the designation of fifteen leaders of the Colombian narco-terrorist group, the Revolutionary Armed Forces of Colombia or FARC. The individuals sanctioned today include key FARC commanders involved in large-scale drug trafficking activities such as Hermilo Cabrera Diaz, Abelardo Caicedo Colorado, Sixto Antonio Cabana Guillen and Miguel Angel Pascuas Santos. The U.S. Department of State has offered awards of up to $2.5 million for information leading to their arrests and/or capture. "Cocaine has become the financial lifeblood of the FARC, fueling its nefarious activities, including drug trafficking," said Adam J. Szubin, Director of OFAC. "Today's action continues our assault on the FARC's leadership and its narcoterrorist activities in Colombia and the region." On May 29, 2003, President Bush designated the FARC as a significant foreign narcotics trafficker or drug kingpin pursuant to the Foreign Narcotics Kingpin DeSignation Act due to its extensive narcotics trafficking activities. The FARC was named as a Foreign Terrorist Organization by the Secretary of State in October 1997. In addition, the FARC was also designated as a Specially Designated Global Terrorist pursuant to Executive Order 13224 in November 2001. In March 2006, the District Court of the District of Columbia unsealed a federal indictment (known as the FARC indictment) which charges members of the FARC leadership, including the 15 individuals named today by OFAC, on narcotics trafficking charges. According to the indictment, the FARC is responsible for approximately 60% of the cocaine that makes its way into the United States and is directly involved In the production and distribution of cocaine, including setting the prices paid to poor peasant farmers across Colombia for cocaine paste, a raw form of the drug that is transported to Jungle laboratories and turned into cocaine. This action is part of an ongoing U.S. government effort under the Foreign Narcotics Kingpin Designation Act to apply financial measures against foreign drug kingpins. OFAC has worked closely with other agencies on this action, including the New York Organized Crime Drug Enforcement Strike Force, which is comprised of agents and officers of the Drug Enforcement Administration; the New York City Police Department; the Internal Revenue Service's Criminal Investigation Division; Immigration and Customs Enforcement; the Federal Bureau of Investigation; the New York State Police; the U.S. Marshals Service; the Secret Service; and the Bureau of Alcohol, Tobacco, Firearms and Explosives. More than 300 businesses and individuals associated with 68 drug kingpins named by the President have been deSignated by OFAC pursuant to the Kingpin Act since June 2000. The designation blocks any assets of the 15 designees found within U.S. jurisdiction and prohibits US. persons from conducting financial or commercial transactions with these individuals. Penalties for violations of the Kingpin Act range from civil penalties of up to $1,075,000 per violation to more severe criminal penalties. Criminal penalties for corporate officers may include up to 30 years in prison and fines of up to $5,000,000. Criminal fines for corporations may reach $10,000,000 Other individuals face up to 10 years in prison for criminal violations of the Kingpin Act and fines pursuant to Title 18 of the United States Code. http://www.treas.gov/press/releases/hp661.htm 12/312007 HP-661: Treasury Targd~ IS Leaders of Colombian Narco-Terrorist Group Page 2 of2 REPORTS http://www.treas.gov/press/releases/bp661.htm 12/3/2007 Revolutionary Armed Forces of Colombia (FARC) U.S. Department of the Treasury Office of Foreign Assets Control FARC Designated by the President as a Significant Foreign Narcotics Kingpin in 2003 November 2007 ~ Foreign Narcotics Kingpin Designation Act • ., ~ '~'I ' .~. ~ Sixto Antonio CABANA GUILLEN DOB 15 Jun 1955 C.C. 19500634 E!J Ignacio LEAL GARCIA C.C.96186610 [1 Jorge Enrique RODRIGUEZ MENDIETA DOB 15 Jan 1963 C.C. 91223461 Hermilo CABRERA DIAZ DOB 25 Nov 1941 C.C.9680080 D Luis Eduardo LOPEZ MENDEZ C.C. 96329889 ~ Emiro del Carmen ROPERO SUAREZ DOB 2 Sep 1962 C.C. 13461523 Abelardo CAICEDO COLORADO DOB 3 Mar 1960 n , .:. .;~-"I )~~I ~~ __ "'i~'! Jose Epinemio MOLINA GONZALEZ DOB 18 Nov 1957 T.I. 57111-01681 ~ Miguel SANTANILLA BOTACHE DOB 10 Dec 1963 C.C. 93123586 Norbei CAMARGO DOB 5 Aug 1965 C.C.17702895 ~ .. -\ . ..' . ~"'. +,' .r' ., ( ~~J "~' _\ Erminso CUEVAS CABRERA DOB 16 Sep 1960 C.C. 96328518 :z.7t.rr~1 I ,,~ .. (f-" ~. Alonso OLARTE LOMBANA DOB 7 Nov 1960 C.C. 18260876 Miguel Angel PASCUAS SANTOS DOB 28 Apr 1952 C.C. 12160124 ~ ~.~' '~ Guillermo Enrique TORRES CUETER DOB 17 Aug 1954 C.C. 9281858 W ... Erasmo TRASLAVINA BENAVIDES DOB 19 Jun 1958 C.C. 13642033 HP-662: Steel Statement on Basel II Final Rule Page 1 of 1 November 1, 2007 HP-662 Steel Statement on Basel" Final Rule Washington- Treasury Under Secretary for Domestic Finance Robert K. Steel issued the following statement today regarding U.S regulators' release of the final Basel II rule: "Treasury applauds the U.S. financial regulators for their cooperation in writing a final Basel II rule. This achievement will modernize our bank capital regime to uphold the competitiveness of American capital markets while maintaining and enhancing safeguards for our institutions and the broader financial system. Secretary Paulson has long said that certainty on Basel II was a necessary component of any plan to strengthen the competitiveness of U.S. capital markets, and we are pleased that the regulators worked tirelessly to complete this complex task." http://www.treas.gov/press/releases/hp662.htm 12/312007 hp-663: Statement by Secretary Henry M. Paulson, 1r. on AMT Delay and Need to Help .. , Page 1 of 1 November 9, 2007 hp-663 Statement by Secretary Henry M, Paulson, Jr, on AMT Delay and Need to Help Homeowners Washington, DC--Treasury Secretary Henry M, Paulson, Jr, today issued the following statement: "Since February, we have asked the Congress to adopt one-year AMT relief that does not raise other taxes, Unfortunately, the House has passed a bill today that raises the likelihood of confusion for millions of taxpayers, "As we have made clear, until legislation is enacted that provides AMT relief for 2007, the IRS will not be able to complete substantial preparations for the upcoming filing season, meaning that millions of filers will - at a minimum - suffer delays in having their returns processed and refunds paid, "I am further concerned that the Senate has made clear it will not take up this urgently needed legislation until December I urge Congress to enact one-year AMT relief without raising taxes as quickly as possible so the IRS can adjust and complete its preparations for the upcoming filing season with the least possible delays and confuSion for taxpayers, ''I'm also eager to see Congressional action on legislation we've asked for to help homeowners avoid foreclosure The Administration is making a concerted effort on thiS front. HUD implemented FHA Secure, and as a result FHA hopes to help 240,000 homeowners refinance next year, As you know, we've been working with a private sector alliance of mortgage servicers and financial counselors, Hope Now, to enable struggling homeowners to find affordable mortgages and avoid losing their homes, And the President put forward FHA modernization legislation that HUD estimates could help an additional 200,000 families access a safe, fair, and affordable FHA-backed loan, This legislation still hasn't reached the President's desk, As a result, we are missing opportunities to assist struggling homeowners, "Our foreclosure avoidance efforts are critical to helping millions of homeowners keep their homes, These efforts also provide support to the broader credit markets, Preventing avoidable foreclosures will reduce the impact of the housing slowdown on mortgage-backed securities and on the balance sheets of those institutions holding mortgage-backed securities It will also bring relief to homeowners, our communities, and our economy," -30- http://www .treas.gov /press/re leases/bp663. btm 1118/2008 Ht'-bb4: Under Secretary for Domestic Finance Robert K. Steel<BR>Testimony before the House Co ... Page 1 of 5 November 2, 2007 HP-664 Under Secretary for Domestic Finance Robert K. Steel Testimony before the House Committee on Financial Services Washington- Chairman Frank, Ranking Member Bachus, Members of the Committee, good morning. I very much appreciate the opportunity to appear before you today to present the Treasury Department's perspective on efforts to coordinate and enhance foreclosure prevention. Let me begin by broadly examining the characteristics of foreclosures, in both good times and bad, to provide a better perspective on how to approach this issue, and then provide an update on the various actions we have taken to address the current situation. As you know, we are experiencing a period of adjustment in the credit and mortgage markets. Fortunately, this market stress is occurring against a backdrop of healthy U.S. fundamentals and a strong global economy. Yet, the Administration recognizes the importance of housing to our economy, and as Secretary Paulson has said, the housing decline is the most significant current risk to our economy. In addition to the housing decline having a penalty on economic growth, a significant number of homeowners will experience strain due to resetting mortgage rates and home price depreciation. The issues of foreclosure are complex and nuanced. In truth, thousands of homes end up in foreclosure every year, even when housing markets are strong. Between 2001 and 2005, for example, the U.S. rate of foreclosure starts averaged approximately 1.7 percent, meaning more than 650,000 homeowners began the foreclosure process each year. This baseline rate of foreclosure can result from events such as Job loss, credit problems, a change in family circumstances, or other sources of economic instability. These foreclosures, although unfortunate, are largely unavoidable. Over the course of the next 18 months, we expect the foreclosure rate to remain elevated above its historic level. A rising foreclosure rate during a housing downturn is not surprising, but largely because of lax underwriting in recent years, especially in the subprime market, a higher than usual number of homeowners will face delinquency during the next year and a half. In total, over 2 million subprime mortgages are expected to reset in the next 18 months, but not all will end In foreclosure. Some homeowners will be able to afford their new payments without trouble and many others will qualify for refinanced, fixed-rate mortgages on their own. Others, however, have stretched too far beyond their means, and unfortunately, foreclosure is inevitable; in fact, many loans enter into foreclosure before ever reaching the reset date. A third group of homeowners facing resets fall somewhere in the middle The challenge is for lenders to identify the homeowners in this middle group, who with a bit of assistance can stay in their homes. On August 31 st, President Bush announced an aggressive, comprehensive plan to help as many homeowners as possible stay in their primary residences. The President charged Secretary Jackson and Secretary Paulson to lead this effort and the focus of our hearing today is to discuss one part of this plan. Whenever facing a challenging public policy issue, the first step is full understanding. We are appreciative of the interest Chairman Frank and this Committee have taken in understanding these current challenges. Hearings, such as this one, have contributed to our process of learning. The Department of Housing and Urban Development (HUD) and the Treasury Department have also http://www.treas.gov/press/releases/hp664.htm 12/312007 ttl'-004: Unaer secretary for Domestic Finance Robert K. Steel<BR>Testimony before the House Co... Page 2 of 5 been working closely With leading servicers, mortgage counselors, lenders, and investors to understand the causes of foreclosures and the best ways to help people keep their homes. We are continuing to learn but have reached two early conclusions: • • First, it is clear to everyone that the earlier we identify struggling borrowers, the more likely it is that servicers and lenders will be able to refinance or modify mortgages into something more sustainable for the long term. If we wait until borrowers miss several payments, their credit profiles will be tarnished and they will have far fewer refinancing options. Second, once identified the method and technique of contacting borrowers are quite important. When contacted by lenders, many borrowers mistakenly believe that the lenders' goal is to repossess their homes through foreclosure. Foreclosure is tough on families and bad for communities, but also very costly for lenders. In almost all cases lenders would rather find a way to help homeowners stay in their homes than foreclose. Yet according to most of the servicers and counselors with whom we have spoken, 50 percent of those who lose their homes to foreclosure never contacted their mortgage servicers or mortgage counselors for help. Frequently, borrowers are fearful of foreclosure and not aware that their lenders would prefer to work out a solution - such as a lowered interest rate or a payment plan. From our review, II became clear 10 us that while many market participanls are working hard on their own trying to reach and help homeowners, they are not having as much success as they or we would like. In addition, the mortgage market today has developed into a system based on securitization. Securization has brought many benefits but also leads to greater complexity in finding solutions for homeowners. The breadth of disaggregation in the mortgage market presents a practical problem that does not lend itself to easy solutions. Hope Now Alliance Many of the servicers, lenders, investors and counselors with whom we have met realized that if they coordinated their efforts behind a unified strategy, they would be more effective in reaching and helping homeowners. The Treasury Department and HUD facilitated discussions and encouraged them to work together. On October 10th, they announced the formation of a non-partisan initiative called the Hope Now Alliance. To date, the Hope Now Alliance consists of four counseling organizations, seventeen mortgage servicers and lenders (comprising 60 percent of the U.S. market for mortgage servicing), three investor groups (including the American Securitization Forum, which represents over 370 members), and ten trade associations. We applaud these industry leaders for coming together. Since their launch a few weeks ago, the Alliance has been meeting regularly and working hard to develop and implement an aggressive plan to help homeowners. Let me describe the details of their strategy and why we believe such elements are critically important. Communication Earlier this week, the Alliance announced a new, national direct mail campaign to contact at-risk borrowers, encouraging them to call for help. Servicers have been mailing letters to their at-risk customers but have had limited success. The role of counselors is crucial to helping challenged homeowners, and no where is that more apparent than in communication. We have heard anecdotally that servicers achieve only a modest success rate with their letters, because borrowers In trouble do not want to hear from their lenders. In contrast, independent counselors have reported a significantly higher 25 to 30 percent success rate when sending similar letters to borrowers. The Alliance expects this new letter campaign, which will come from the Hope Now Alliance itself, rather than from servicers, to increase their effectiveness in reaching at-risk borrowers. This is going to be an on-going campaign that servicers will tailor and adjust as they learn from the response. The more attentiori we can bring to this unified campaign, the more likely it is that borrowers will pay attention to this important information and call for help. The Alliance will begin mailing these letters on November 19th, and will send over 200,000 letters by the end of this month. Let me take a minute to emphasize the importance of these letters and to ask for http://www.treas.gov/press/reieases/hp664.htm 12/312007 HP-bb4: Under Secretary for Domestic Finance Robert K. SteeI<BR>Testimony before the House Co ... Page 3 of ~ your help. Wilerl you are ilorne in your districts over the weekend or for the holidays. please tell your constituents about tilis mail campaign Tell them it is OK to contact Hope Now for assistance. This organization is ready to lend a hand, but we need your ilelp in making their message known. Process The Alliance is also working hard to develop strong working relationships between servrcers and counselors. Some servicers already have dedicated teams and contacts for counselors to call. Other servrcers do not have dedicated resources to work with counselors, and, as a result, counselors can spend hours trying to find the right person to contact. We have learned that some counselors are more effective than others at efficiently working with borrowers to collect the required information and pass that on to servicers. Servicers and counselors who joined the Alliance have agreed to adopt a standard process model tilat will strengthen and speed work flow, productivity, and communications between them. Improving the way servicers and counselors work together will make them all more effective at helping homeowners once they have been contacted. Counseling Tile Alliance is working to expand tile capacity of an existing national counseling network to receive, assess, counsel, refer and connect borrowers to servicers. Most borrowers feel more comfortable speaking with independent, not-for-profit counselors than with their lenders. While there are already many conscientious HUD-certified mortgage counselors, their efforts could be enhanced through a uniform message. Similarly, servicers want to be able to point their borrowers to quality counselors who have adopted best practices, and this national network will serve that function. They are working to ramp up capacity now, but it will take some time before it is fully operational. Investors The American Securitization Forum (ASF), which represents securitization issuers, investors, and other secondary market participants, has joined the Alliance and announced that counseling fees can be reimbursed from securitization transactions in appropriate circumstances. This is extremely important. Historically, counseling was funded by the government and independent foundations. Now the securitization issuers and investor community have recognized the important role counseling plays in avoiding foreclosure and is willing to fund quality counseling. Having ASF as an active member of this Alliance is important because it can help manage the complexity resulting from the securitization model by making sure investors are doing their part. Metrics Today, the industry does not have a thorough, standardized set of metrics with which to evaluate servicers' loss-mitigation performance or to evaluate counselors' effectiveness. The Alliance IS developing standard mea,::;ures which policyrnakers, homeowners and investors need in order to monitor performance. These performance measurements could include data, such as the number of loans in default, outcomes for these loans, and success rates for modifications and refinances Developing these metrics will allow us to identify categories of borrowers who can be helped, determine successful treatments, and measure the rate of successful outcomes. Technology The servicers have agreed to work toward cross-industry technology solutions to more effectively connect servicers and counselors together In order to better serve the homeowner. Some major servlcers use sophisticated software to analyze borrower situations and determine if work-outs or modifications are appropriate. The Alliance is taking this software and making it web-enabled so other servicers and counselors can access it. This should speed the loan modification process: if a counselor can access this software tool, enter the data from the borrower, and pass that along to the servicer in an automated system, then the servicer will have more confidence in the data and the recommended solution and can approve http://www.treas.~o~/presslreleases/hp664.htm 12/3/2007 HP-bb4: Under Secretary for Domestic Finance Robert K. Steel<BR>Testimony before the House Co ... Page 4 of S modifications In 3 more expeditious manner. This element will likely take the most time, but the Alliance is working closely with a major information technology services firm to develop and launch the tool. Looking forward The efforts of this private sector alliance alone will not prevent all foreclosures. But it is a good start and a critical first step. As we work with them, we will all learn and improve the means of reaching and helping homeowners to prevent foreclosures. By better Identifying those borrowers in need, we hope to see more loan modifications and refinancing. For many families, this will be the only viable solution. Given today's situation, the current process requires a more committed approach. Just as the lenders, servicers and counselors have come together to develop metrics and standards that will measure the most effective ways to make counseling accessible to troubled borrowers, we have also encouraged them to come together in a similar way to develop an efficient methodology for offering suitable mortgage solutions such as loan modifications, refinancings, or other flexibility as appropriate. We are optimistic about the effectiveness of our current initiatives. Yet given the size, nature and implications of current challenges for homeowners, we should continue to work to find additional solutions without compromising our shared ambition to not bailout lenders or speculators or those who committed fraud. Other complementary efforts have already been initiated. For example, we applaud the guidance that the federal regulators have given to banks which hold mortgages on their balance sheets to be more flexible in seeking economic solutions in modifying existing mortgages for distressed homeowners. The same is true with respect to the guidance that regulators issued to servicers where the record of loan modification has proven to be more difficult and disappointing for many of the reasons identified above in addition to the challenges associated with securitization. We should focus on results and not on prescribing a single approach. Preserving homeownership is the goal, and we must recognize that many different avenues can get us there. Borrowers, too, have responsibility. Mortgage providers must offer clear, transparent and understandable information on the mortgage products they sell. And homebuyers have a responsibility to use that information and understand their mortgages. Buying a home today is a complex process, but that in no way excuses homebuyers from their obligation for due diligence. Policy Initiatives The Administration has requested that Congress also do their part by focusing on three initiatives. First, Congress should pass Federal Housing Administration (FHA) modernization to make affordable FHA loans more widely available. Second, to facilitate mortgage workouts, the President has asked Congress to temporarily eliminate taxes on mortgage debt forgiven on a primary residence. And third, Congress should enact comprehensive government sponsored enterprise (GSE) reform. FHA modernization is moving through Congress, and we are hopeful that it will reach the President's desk soon The tax relief proposal has cleared the House of Representatives and is awaiting further action in the Senate. In large part due to this Committee's hard work, GSE reform has cleared the House of Representatives, and now awaits action in the Senate. Congress should enact these bills as quickly as possible. Conclusion Mr. Chairman, in conclusion, let me thank you for holding this hearing. Under the President's leadership, the Administration is working diligently to help mitigate the http://www.treas.gov/press/releases/hp664.htm 12/312007 HP-bb4: Unaer secretary for UOi1iestic Finance Robert K. Steel<BR>Testimony before the House Co ... Page 5 of Impact of f"lSlIlg foreclosures orl homeowners and the economy. We appreciate having the opportunity to present the Treasury Department's perspectives on these important issues and pledge to keep you apprised of the progress with Hope Now and our other Initiatives and programs. Thank you and I look forward to your questions. httP Ilwww.treas.gov/presslreleases/hp664.htm 12/3/2007 HF-6\'J): SymposllIm on Buifding the Financial System of the 21 st Century<BR>An Agen ... Page 1 of 4 September 14, 2007 HP-665 Symposium on Building the Financial System of the 21st Century An Agenda for Japan and the United States Harvard Law School, Cambridge, MA September 14, 2007, 6:15 pm Thank you very much to Hal Scott and the organizers of this great event for the invitation to speak with you today. I'm proud that the US. Treasury Department has been a significant participant in these discussions over these ten years, In fact, many of my former bosses - Larry Summers, Ken Darn, Tim Geithner, John Taylor, and Glen Hubbard - while not technically my boss, it felt that way - have been contributors, All of these men were quite demanding so I'm sure they would not have signed off on my remarks tonight. I am also honored to share the podium this evening with a good friend and extraordinarily capable colleague from the Ministry of Finance, Naoyukl Shinohara. ThiS is the tenth anniversary of both thiS symposium and the Asian Financial Crisis I will leave it to others to flesh out lessons learned and progress made over the course of tilis conference, But let me suggest that one of the key lessons from ten years ago is one that we are discovering again today, and I would further suggest, will be one that we will be drawing on ten years hence, That is, we cannot take market stability for granted and that volatility can occur abruptly and unexpectedly, As the Asian Financial Crisis showed and recent events reinforced, market conditions can change unpredictably, For policy and regulatory officials, it is critical to bear In mind that, despite our best wishes, we cannot entirely eliminate the potential for risk from the markets, nor should we try to do so, Rather, our goal should be to establish a regulatory regime that fosters deep, liquid, and transparent markets; markets that are robust and resilient enough to withstand the inevitable volatility that investors face from time to time, The difficulty of such an objective - I would assert - is that it can never be reached, Financial markets continually evolve and innovate, and at an accelerating pace in this era of globalization, It is therefore imperative that finanCial regulation keep pace so that our markets remain transparent, robust and internationally competitIve, The greatest danger we face - in the US. and Japan - as policy makers and regulators is to think we've reached our goal In short, complacency is our enemy: never being satisfied is our friend, Recent Market Events ThiS a theme I'll return to but first, let me detour a bit to try to address a question that's been on many of our minds over the past month: what exactly has been going on In the markets? Let's start with one of the triggers, More defaults than expected in subprime mortgages underlying mortgage-backed securities created uncertainty regarding the future prospects of these securities, This compelled investors to' reassess the risk and reprice these securities accordingly This reappraisal has spread across the credit market spectrum, first affecting residential-mortgage backed securities http://www.treas.gov/press/re\eases/hp665.htm 1118/2008 HP-66:5: Symposium on BUIlding the Financial System of the 21st Century<BR>An Agen ... Page 2 of 4 and then spreading to other asset classes and, in particular, securitized products. In early August, uncertainty began to spread to the asset-backed commercial paper market. For instance, faced with a sharp drop in demand for their commercial paper, structured investment vehicles - off balance sheet entities created by commercial banks to purchase their loans - exercised credit guarantees from their parent banks and invoked infrequently-used extension clauses for their outstanding paper. Banks' demand for precautionary balances surged, while at the same time, the fear of a credit dislocation - real or feared - sharply raised perceived counterparty risk. Overall liquidity became more of a concern, and the US. Federal Reserve Board took action by adding liquidity to the credit markets. The Federal Reserve also lowered Ule discount rate and encouraged banks to use the discount window. These actions have helped stabilize the markets to some degree Nonetheless, we remain vigilant for other potential sources of stress in the system. As the recent turmoil sharply reminds us, capital markets are becoming increasingly Internationalized This has contributed to the significant global economic growth over the past decade, especially in the emerging market economies. At the same time, an event in one country's market may impact the rest of the world. Markets in Japan, the United States, and globally continue to go through a period of adjustment, as market participants work through the repricing of risk. Reassuringly, the depth of the markets in Japan and the United States, and elsewhere, and the ability and willingness of our financial authorities to take appropriate action, has contributed to the continued functioning of markets. The global economy as a whole also appears to be robust - quite the contrary to 1997-1998 during the Asian Crisis. Response to Market Events As we assess recent market events, it is critical that we do not rush to judgment as events continue to unfold, but take the necessary time to ask the right questions and fully understand the issues. As you might expect, we have been in regular communication with other U.S. regulators, including the other members of the President's Working Group on Financial Markets (PWG). The PWG is comprised of the Treasury, Federal Reserve, SEC and CFTC. On August 31, President Bush announced several steps to examine some of the broader market issues underlying the recent mortgage problems, help homeowners in need of assistance avoid foreclosure, and help ensure that the problems now disrupting the housing industry do not happen again. The U.S. is also communicating with our G-7 colleagues to determine the root causes of recent market events and to take timely and appropriate action. The G-7 will ask the Financial Stability Forum (FSF) to review recent events, with input from the relevant standard setters and international experts, and recommend an appropriate response. The FSF report will provide input for the G-7 Finance Ministers at their October meeting. Avoiding Complacency Recent events underscore the importance of pollcymakers' constantly reassessing. Rather than making policy changes only in response to emergencies, effective regulation needs to be a constant iterative process between regulators and market participants. Such a process can feed a steady evolution of the regulatory environment conducive to building and maintaining capital markets that foster innovation and fuel the business growth that creates jobs and drives our economy. I'd like now to talk about the efforts underway in the United States and Japan to energize our regulatory frameworks and avoid complacency. http://www.treas.gov/press/reJeases/hp665.htm 1/18/2008 HP-665: symposium on Butlding the Financial System of the 21st Century<BR>An Agen ... Page 3 of 4 U.S. Capital Markets Initiative Let me first address the efforts underway in the United States. Let me be clear U.S capital markets are the deepest, most efficient, and most transparent in the world, and are the lifeblood of the U.S. economy. To promote the conditions for American prosperity and economic growth, It is essential that we maintain the competitiveness of our capital markets To energize this process, Secretary Paulson launched a Capital Markets Competitiveness Initiative, to assess the state of U.S. capital markets, and to assess, and, if necessary, recalibrate our approach to the balancing of investor protection, market integrity, and systemic risk. We've reached out to academics, investors, the business world, and government officials. The first set of capital markets initiatives was unveiled in May. These focused on enhancing investor protection by strengthening financial reporting and seeking a more sustainable and transparent auditing profession. As part of these measures, we have established a public federal advisory committee, led by former SEC Chairman Arthur Levitt and former SEC Chief Accountant Donald Nicolaisen. that will develop proposals for creating a stronger, sustainable auditing profession,. In June, Secretary Paulson unveiled the second stage of the capital markets initiative, which includes releasing a blueprint of structural regulatory reforms to improve oversight, increase efficiency, and reduce regulatory overlap of the financial services industry. In addition, the PWG will work with asset managers of private pools of capital and investors to help these two groups define separate sets of best practices that address investor protection, enhance market discipline, and mitigate systemic risk. Further steps will be announced in the near future, as we continue to strive to enhance the competitiveness of U.S. capital markets. Japan's Financial Sector Competitiveness Initiative Turning to Japan, starting with Japan's financial "Big Bang" in 1996, it has made significant strides in reforming and liberalizing its financial markets. Japan is also strengthening its financial regulatory regime, moving toward stnking an appropriate balance between transparency and investor protection on the one hand, and allowing innovation on the other. Japan reformed and liberalized its financial system in one of the most difficult environments possible - the middle of a non-performing loan crJsis. But Japan pushed forward with reforms And, with the creation of the Financial Supervision Agency in 1998 - later renamed as the Financial Services Agency - and subsequent steps like the passage of the Financial Instruments and Exchange Law in 2006, Japan has shown its commitment to building a stronger flrlancial system. FSA Commissioner Sato, as he started his term this summer, Increased communication and consultation with market participants, a step we in the United States have found is critical to maintaining our competitiveness. In fact, I believe many of you in this room are already part of the process, and share my appreciation for the renewed efforts of the FSA in trying to promote Japan as an international financial center. So what is needed? Key issues have been identified by a number of observers, including the American Chamber of Commerce in Japan, the International Bankers Association, and others. Some of the steps that we see as most beneficial include: • • Improving the consistency, transparency and predictability of regulation and supervision through expanding the body of written interpretation of laws and regulations, adopting safe harbor rules. Rationalizing regulation of financial conglomerates so that firewall restrictions do not hinder risk management, innovation and market http://www.treas.gov/presslreleases/hp665.htm 1118/2008 HJ'-6{):'5: ~ymposium on Butlding the Financial System of the 21st Century<BR>An Agen ... Page 4 of 4 • • development. Implementing cost-benefit analyses for proposed and existing regulallons, including those implementing the Financial Instruments and Exchange Law. Expanding financial education, both at the professional level and for the general public. I should add that an important indicator of Japan's commitment to becoming an international financial center that is being watched closely is the privatization of Japan Post. With two of the world's largest financial entities pOised to enter the competitive financial market, we look forward to the FSA's regulating these entities in the same manner as their competitors. We hope that a fully level playing field Will be established in a given market, and that risk management capabilities will be developed, before Japan Post offers new products. While I'm sure Naoyukl could suggest an even more robust action plan, these are some concrete steps to make Tokyo a premier international financial center. In closing, my caution to Japanese officials and to U.S. officials is a major lesson of the previous ten years - as well as the previous ten weeks - our work is never done in fostering deep, liquid, transparent markets that are robust and resilient. Complacency is our enemy, and never being satisfied is our greatest friend. Thank you. http://www.treas.gov/press/releases/hp665.htm 1118/2008 iP-666: Treasury Designates Indivit1~als Furthering Syrian Regime's Efforts to Undermine Lebanese ... Page 1 of 2 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 5, 2007 HP-666 Treasury Designates Individuals Furthering Syrian Regime's Efforts to Undermine Lebanese Democracy The U.S. Department of the Treasury today designated four individuals affiliated with the Syrian regime's efforts to reassert Syrian control over the Lebanese political system. "Syria has used all means at its disposal - from bribery to intimidation to violence to undermine the legitimate political process in Lebanon," said Stuart Levey, Under Secretary for Terrorism and Financiallnteiligence. "Today's action exposes four individuals involved in such activities and serves as a warning to others who would do likewise." Syrian troops formally withdrew from Lebanon in April 2005 after a 29-year military presence. The Syrian regime is working through Lebanese proxies to exert control over the Lebanese political system; to weaken the majority pro-government March 14 Coalition; and to undermine Lebanese sovereignty and security. The regime has used a range of tools to further these objectives, including bribing politicians, intimidation, interference in the selection of a new president, support for violence, and providing arms to militias and terrorist groups. The four individuals designated today have worked to undermine Lebanese sovereignty and support the Syrian regime's efforts to interfere in Lebanon's internal affairs. Syrian intelligence has assisted Hlzbailah and other oppositionists in Lebanon to orchestrate protests and demonstrations demanding the resignation of Lebanese Prime Minister Fouad Siniora's cabinet, which it deems illegitimate. The protests began in December 2006 in Beirut and continue today. Additionally, the Syrian regime has provided arms to illicit Lebanese militias and Palestinian terrorist groups. In addition, the Syrian regime is believed to be intimidating Lebanese who call for the establishment of an international tribunal to try the killers of former Lebanese Prime Minister Rafiq Hariri. Assaad Halim Hardan, Wi'am Wahhab and Hafiz Makhluf were designated pursuant to Executive Order (E.O.) 1:lIef 1, signed by President George W. Bush on August 1,2007. E.O. 13441 blocks the property of persons undermining the sovereignty of Lebanon or its democratic processes and institutions. Muhammad Nasif Khayrbik was designated pursuant to E.O. 13:n8, which is aimed at individuals and entities contributing to the Government of Syria's problematic behavior. President Bush signed E.O. 13338 on May 11,2004 in response to the Syrian government's continued support of international terrorism, sustained occupation of Lebanon, pursuit of weapons of mass destruction and missile programs, and undermining of U.S. and international efforts in Iraq. Today's designations freeze any assets the designees may have located in the United States, and prohibit US. persons from engaging in transactions with these individuals. Identifying Information Assaad Halim Hardan AKAs: Assad Hardan As'ad Hardan 008: July31,1951 http://www.treas.go v/press/releases/hp666.htm httP 12/3/2007 HP-666: Treasury Designates Tndivilluals Furthering Syrian Regime's Efforts to Undermine Lebanese .,. Page 2 of2 POB. Rashayya al-Fakllar, Lebanon Profession: Member of Parliament, Lebanon Political Affiliation: Chief of the Syrian Socialist Nationalist Party (SSNP) Central Political Bureau Assaad Hardan is a senior official in the SSNP. During 2007, the SSNP received arms and military training from Syria and Hizballah. Hardan works with senior Syrian officials to significantly influence Lebanese politics in furtherance of Syria's efforts to undermine Lebanese sovereignty. Wi'am Wahhab AKAs: Wi'am Wihab Wiam Wahhab Wiyam Wihab Wiyam Wahab DOB: 1964 POB: AI-Jahiliya, Shouf Mountains, Lebanon Wi'am Wahhab, a former member of the Lebanese Parliament, works with senior Syrian officials to significantly influence Lebanese politics in furtherance of Syria's efforts to undermine Lebanese sovereignty. Hafiz Makhluf AKA: Hafez Makhlouf Position: General Intelligence Directorate senior official Military Rank: Colonel DOB: Circa 1975 POB: Damascus, Syria Colonel Hafiz Makhluf, a senior official in the Syrian General Intelligence Directorate, has supported the reassertion of Syrian control or otherwise contributed to Syrian interference in Lebanon. Makhluf is a maternal cousin to Syrian President Bashar al-Asad. He is also the brother of Rami Makhluf, Syria's leading businessman, who has been the subject of persistent allegations of corruption and cronyism. Muhammad Nasif Khayrbik AKAs: Muhammad Nasif Khayr-8ayk Mohammed Nassif Khairbek Mohammad Nasif Kheirbek Address: Damascus, Syria Position: Deputy Vice President for Security Affairs Military Rank: Major General DOB: April 5, 1937 As of early 2007, Khayrbik was one of several key advisors to Syrian President Bashar al-Asad. In early 2006, Khayrbik was named Deputy Vice President for Security Affairs. In this position, Khayrbik has played a central role in Syria's continuing policy of destabilizing Lebanon and Syria's relationship with known designated terrorist organizations, including Hizballah. In early 2006, Khayrblk coordinated Syrian and Hizballah positions during regular meetings with Hassan Nasrallah, the Secretary General of the Lebanese Hizballah. Khayrbik has long served the Syrian regime, having served as a close advisor to former President Hafiz al-Asad. In mid-1999, President Hafiz al-Asad appointed Khayrbik as the deputy director of the Syrian General Intelligence Directorate (GID), a position he served in until February 2006. Ilwww.treas.go v/press/releases/hp666.htm 12/3/2007 November 5, 2007 2007 -11-5-16-42-18-6995 U.S. International Reserve Position The Treasury Department today released U.S. reserve assets data for the latest week. As indicated in this table, U.s. reserve assets totaled $69,725 million as of the end of that week, compared to $69,668 million as of the end of the prior week. I. Official reserve assets and other foreign currency assets (approximate market value, in US millions) II IINovember 2, 2007 I I IA. Official reserve assets (in US millions unless otherwise specified) I( 1) Foreign currency reserves (in convertible foreign currencies) I(a) Securities IIEuro IIYen I/Total II 11 14 ,157 II 11 11 ,120 11 69 ,725 11 25 ,277 I II 11 0 1 II 11 5 ,469 1/ 1 1/19,595 I 1/ I/O I II I/O ! 1/ I/O 1 1/ 11 0 II lof which: issuer headquartered in reporting country but located abroad I(b) total currency and deposits with: 1/ I(i) other national central banks, BIS and IMF 11 14 ,126 Iii) banks headquartered in the reporting country II lof which: located abroad II I(iii) banks headquartered outside the reporting country 1/ lof which: located in the reporting country II \(2) IMF reserve position 11 4 ,402 1(3) SDRs 1/9,409 1(4) gold (including gold deposits and, if appropriate, gold swapped) 11 11 ,041 I--volume in millions of fine troy ounces 11 261 .499 1(5) other reserve assets (specify) 110 I--financial derivatives II I I--Ioans to nonbank nonresidents II I I--other II II II I lB. Other foreign currency assets (specify) I--securities not included in official reserve assets I I I--deposits not included in official reserve assets II I I--Ioans not included in official reserve assets II I I--financial derivatives not included in official reserve assets II I I--gold not included in official reserve assets 1/ I I --other II II II I II. Predetermined short-term net drains on foreign currency assets (nominal value) -----'= 1,--1_ _ _ _ _ _IIL--l_ _----JII~-_-,1,--1 http://www.treas.gov/press/releases/200711S164218699S.htm I~I_ _--'1'--1_ _--JII 12/312007 Page 2 of LI I II IITotal I Il 1. Foreign currency loans, securities, and deposits I--outflows (-) IIprincipal I I--inflows (+) IIlnterest Ilprincipal Illnterest I IIMaturity breakdown (residual maturity) More than 1 and up to 3 months IUp to 1 month II II II II II II II II II II II II II II II II II II I II II II II II II II II II II II I I More than 3 months and up to 1 year II 2. Aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (includinq the forward leq of currency swaps) (a) Short positions ( - ) (b) Long positions (+) 3. Other (specify) --outflows related to repos (-) I --inflows related to reverse repos (+) II II II II II II --trade credit (+) II II II --other accounts payable (-) II II --other accounts receivable (+) II II --trade credit (-) II 1/ I I I I II II II I I II II II I II III. Contingent short-term net drains on foreign currency assets (nominal value) I I I II II IITotal III I II II Maturity breakdown (residual maturity, where applicable) I I More than 1 and up to 3 months More than 3 months and up to 1 year II II \ \ Up to 1 month Wa) Collateral guarantees on debt falling due within 1 year II I I(b) Other contingent liabilities II 112. Foreign currency securities issued with embedded options (pultable bonds) I II II II 13. Undrawn, unconditional credit lines provided by: II II II II I (a) other national monetary authorities, BIS, IMF, and other international organizations I II II I I--other national monetary authorities (+) II II II I--BIS (+) II II II II I I \I I 11. Contingent liabilities in foreign currency I--IMF (+) I ![fb) with banks and other financial institutions headquartered in the reporting country (+) I 'I(c) with banks and other financial institutions headquartered outside the reporting country (+) I Undrawn, unconditional credit lines provided to: (a) other national monetary authorities, BIS, IMF, and other international organizations I--other national monetary authorities (-) I II II II II II I II II II II II II II \I II II II http://www.treas.goy/press/releases/20071151642186995.htm II II I 12/312007 Page 3 of 4 I--BIS (-) \--IMF (-) Ifb) banks and other financial institutions headquartered In reporting country (- ) J~C) banks and other financial institutions headquartered outside the reporting country ( - ) 4. Aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency \I \I II II I II II II II I I I I II II II I II II II II II I(a) Short positions I(i) Bought puts I(ii) Written calls I(b) Long positions \(i) Bought calls !(ii) Written puts IpRO MEMORIA: In-the-money options 1 I /I "II II II II II I II II II I(a) Short position II 1/ 1/ 1(3) - 5 % (appreciation of 5%) II I(a) Short position II I(b) Long position II II II II II II II II II Ira) Short position II \ 1(4) +10 % (depreciation of 10%) I(a) Short position I I(b) Long position II 1(5) - 10 % (appreciation of 10%) I(a) Short position II II I(b) Long position II \(6) Other (specify) II I(a) Short position II I(b) Long position II II II II II II II II II II I I(b) Long position II 1(2) + 5 % (depreciation of 5%) " I II II II II I(b) Long position 11 II II II 1(1) At current exchange rate I I II II I I II II II II II I II II II I II II ) II II II II II II II II IV. Memo items I 1(1) To be reported with standard periodicity and timeliness: II I 1/ I II(a) short-term domestic currency debt indexed to the exchange rate II I~b) financial 11 I instruments denominated in foreign currency and settled by other means (e.g., in domestic currency) I--nondeliverable forwards I I I 1 I --short positions I --long positions I--other instruments I(c) pledged assets I--included in reserve assets II--included in other foreign currency assets 11 I http://www.treas.goy/press/releases/20071151642186995.htm 12/312007 Page 4 of 4 \(d) seculltles lent and on repo I II --lent or repoed and included in Section I ! I --lent or repoed but not included in Section I --borrowed or acquired and included in Section I --borrowed or acquired but not included in Section I I I I I I (e) financial denvative assets (net, marked to market) I I--forwards II I--futures II I--swaps II I--options I--other Wf) derivatives (forward, futures, or options contracts) that have a residual maturity greater than one year, which are subject to margin calls. II--aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic ILcurrency (including the forward leg of currency swaps) I I(a) short positions ( - ) I(b) long positions (+) II I--aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency I(a) short positions II II II l(i) bought puts I(ii) written calls ( I(b) long positions l(i) bought calls I II I(ii) written puts 1(2) To be disclosed less frequently: I(a) currency composition of reserves (by groups of currencies) 1169,725 I--currencies in SDR basket 11 69 ,725 I--currencies not in SDR basket II I !--by individual currencies (optional) II I ! II I Notes: 1/ Includes holdings of the Treasury's Exchange Stabilization Fund (ESF) and the Federal Reserve's System Open Market Account (SOMA), valued at current market exchange rates. Foreign currency holdings listed as securities reflect markedto-market values, and deposits reflect carrying values. 2/ The items, "2. IMF Reserve Position" and "3. Special Drawing Rights (SDRs)," are based on data provided by the IMF and are valued in dollar terms at the official SDR/dollar exchange rate for the reporting date. The entries for the latest week reflect any necessary adjustments, including revaluation, by the U.s. Treasury to IMF data for the prior month end. 3/ Gold stock is valued monthly at $42.2222 per fine troy ounce. http://www.treas.gov!press!releases/200711S164218699S.htm 12/3/2007 HP-667: Treasury, IRS Issue Additional Pension Protection Act Guidance Page 1 of 1 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 7,2007 HP-667 Treasury, IRS Issue Additional Pension Protection Act Guidance Washington, DC--The Treasury Department and the Internal Revenue Service (IRS) today issued proposed regulations implementing new rules that facilitate the adoption of automatic contributions arrangements in 401 (k) plans and other similar plans under sections 403(b) and 457 of the Internal Revenue Code. These regulations provide answers for employers that will allow them to use these new automatic enrollment features next year. Employers may rely on these proposed rules pending the issuance of final regulations. Employers that offer 401 (k) plans must specify what contributions, if any, will apply to employees covered under the plan who do not make a specific election to contribute. Historically, most employers designed their plans to treat an employee who takes no action as if the employee elected no contributions. There has been a new trend, however, to change this practice. Under these new arrangements, called automatic contribution arrangements, the default is switched and employees who take no action are automatically enrolled in the 401 (k) plan at a specified percentage. Last year's Pension Protection Act included a number of provisions to make it easier to adopt these automatic contribution arrangements. Last week, the Department of Labor released regulations that addressed the investment issues that relate to automatic contribution arrangements. The proposed regulations released by Treasury and the IRS today address issues raised by the new legislation, including the special nondiscrimination safe harbor for certain qualified automatic contribution arrangements and the ability of an employee who has been automatically enrolled under an eligible automatic contribution arrangement to opt out of the arrangement and instead request a distribution of the contributions made during the first 90 days of the arrangement. REPORTS • R~gulati.o11 133300-07 httP Ilwww.treas.goY/press/releases/hp667.htm 12/3/2007 HP-668: Secretary Paulson to Speak on Progress of <br>Strategic Economic Dialogue with China Page 1 of 1 November 7,2007 HP-668 Secretary Paulson to Speak on Progress of Strategic Economic Dialogue with China Treasury Secretary Henry M. Paulson, Jr. will deliver remarks tomorrow at the China Institute Executive Summit in New York. His remarks will focus on the progress of the Strategic Economic Dialogue with China. The dialogue, established by Presidents Bush and Hu, is a framework for addressing issues of mutual concern to the U.S. and China. Who Secretary Henry M. Paulson, Jr. What Remarks on the Progress of the Strategic Economic Dialogue with China When Thursday, November 8, 6: 15 p.m. EST Where China Institute Executive Summit 4 Times Square (42nd Sl. between 6th Ave. and Broadway) 37th Floor New York, N.Y. Note Media interested in attending should contact Nancy Moon at Nancy.Moon@verizonnet or (917) 533-8933. Camera crews must arrive by 5:00 p.m. http://www.treas.gov/press/reJeases/hp668.htm 12/3/2007 HP-669: Treasury Official to Hold Press Briefings in Advance <br>ofSecretary Paulson's Trip to Africa Page 1 of 1 November 7,2007 HP-669 Treasury Official to Hold Press Briefings in Advance of Secretary Paulson's Trip to Africa Treasury's Deputy Assistant Secretary for Africa and the Middle East Ahmed Saeed will brief press Friday in advance of Secretary Henry M. Paulson, Jr.'s upcoming trip to Tanzania, South Africa, and Ghana. While in Africa next week, the Secretary will attend the meeting of G-20 Finance Ministers and Central Bank Governors and discuss the positive economic changes taking place on the continent with government and business leaders. What Pen and Pad Briefing in Advance of Secretary Paulson's Trip to Africa When Friday, November 9,10:00 a.m. EST Where Department of the Treasury West Gable Room (5432) 1500 Pennsylvania Avenue, NW Washington, D.C. 20220 Note Media without Treasury press credentials should contact Frances Anderson at (202) 622-2960 or fl,lllCC;S;JII(\t;rSonl(L:cJo (rens ~Jov with the following information: full name, Social Security number, and date of birth. What Pen and Pad Briefing in Advance of Secretary Paulson's Trip to Africa When Friday, November 9, 1100 a.m. EST Where Washington Foreign Press Center National Press Club 529 14th Street, NW Washington, D.C. 20045 Note For more information please contact Stacy MacTaggert at (202) 504-6320. http://www.treas.~<:)\./press/releases/hp669.htm 12/3/2007 HP-670: Secretary Paulson Statement on Peru Free Trade Agreement Page 1 of 1 I-'HLSS HOOM November 8, 2007 HP-670 Secretary Paulson Statement on Peru Free Trade Agreement Washington, DC--Treasury Secretary Henry M. Paulson, Jr. today issued the following statement on House passage of the Free Trade Agreement with Peru: "I commend Chairman Rangel, Congressman McCrery and other House leaders on today's vote. This is an important bipartisan accomplishment. I look forward to working with Congress to secure passage of the other important pending FT As, each of which incorporates the provisions of the bipartisan May 10 agreement between the Administration and Congress that addressed labor, environmental and other issues. "This bipartisan consensus follows the call we heard from business leaders at the White House this week highlighting how important these agreements are for continued job creation and protecting U.S. investments. Members of Congress from both parties recognize that greater engagement with the world is essential to our growth. The U.S. must continue to seek partners to join us in advancing a global agenda that will help more people realize the benefits of international trade and competition. " http://www.treas.goy/press/releases/hp670.htm 12/312007 hp-671: Remarks by Secretary Henry M. Paulson, Jr. <br>before the 2007 China Institute Executive Su... Page 1 of 4 f--'HLSS H(;OOM November 8, 2007 hp-671 Remarks by Secretary Henry M. Paulson, Jr. before the 2007 China Institute Executive Summit on Shared Responsibilities and Shared Benefits in U.S.-China Economic Relations New York, NY -- Good evening. Thank you, Ginny, and the China Institute for inviting me to address your Executive Summit. The China Institute's more than seven decades of work, promoting educational and commercial exchanges with China, underscore the value of a long-term, constructive approach to U.S.-China relations. This conference, China Goes Global: New Perspectives and New Strategies, could not be more timely. The U.S.-China economic relationship is among my highest priorities. It is also among the most challenging. A Strategy for Economic Engagement with China China and the United States are two of the largest and most influential economies in the world. That prominence brings responsibilities. Addressing these responsibilities together will create greater benefit for both our peoples. That proved true when we worked together to bring China into the WTO. The requirements of WTO accession led to an acceleration of reform in China. China now has the responsibilities and must fulfill the obligations of a major WTO member, just as China has reaped the rewards of the rapid growth that followed WTO accession. The United States and China have a unique role to play in the coming decades in assuring a strong global economy and shaping the global economic agenda. Greater coordination and enhanced cooperation is required - indeed, demanded of us in order to meet those responsibilities. These dynamics informed the creation of the Strategic Economic Dialogue (SED) by President Bush and President Hu Jintao in 2006. They have established a forum that allows both governments to communicate at the highest levels on issues of long-term and strategic importance to ensure bilateral economic stability and prosperity. Through the SED, we also work to produce tangible short-term results which are necessary to demonstrate progress towards achieving our long term objectives. Our ecqnomic dialogue now focuses on going beyond China's WTO commitments. Admission to the WTO represents a minimum level. It is important that China fully meet those commitments but an equally important challenge is to accelerate reform beyond those commitments. China's leaders understand the role of markets in attaining stable, non-inflationary growth to meet the needs and aspirations of their people. Our discussions have not been about the direction of reform, but rather about the pace. As China's economy rapidly evolves, the challenges that it faces and the policies required to continue China's development have also changed. While some in China and elsewhere may see danger in moving too quickly with reforms, I believe moving too slowly is the bigger risk to Chinese and world prosperity. Understanding Shared Responsibilities and Realizing Shared Benefits As major global economic players, we both have responsibilities to maintain open trade and investment regimes, implement domestic poliCies that promote the health of our own economies and of the global economy, enhance the safety and integrity of trade, and promote energy conservation and environmental protection. http://www.treas.gov/press/releases/hp671.htm 12/3/2007 hp-671: Remarks by Secretary Henry M. Paulson, Jr. <br>before the 2007 China Institute Executive Su... Page 2 of 4 Shared Respollsi/Jllity for Open Economies The first of the responsibilities that the United States and China share in the global economy is to maintain open trade and investment regimes. Open economies spur competition, improve productivity, and create good jobs - in our countries and around the globe. The U.S. economy is one of the most open in the world, and I am committed to working to maintain this openness, even in the face of rising protectionist sentiments in the U.S. Almost thirty years ago, Chinese leaders clearly recognized the value of an open economy; but China still has much more work to do. This challenge is becoming more difficult as it confronts strong protectionist sentiment from Its domestic companies which, like all market-driven firms, welcome competition in other industries much more than in their own. The efforts of each of us to maintain open trade and investment regimes at home strengthen the efforts of the other. The United States is working to reinforce our open economy policy and keep our markets open to investment and trade. Frankly, it is easier to keep the U.S. economy open if the American public sees China continuing to open up their markets. By joining efforts, we will be more effective in working against this protectionist tide and in promoting the competition and openness to investment that drive greater innovation and productivity. Just as openness to competition has kept the U.S. economy on the cutting edge, further openness to trade and competition is clearly in China's interest. For China, further opening of key sectors to competition is critical to achieving the growing prosperity that the Chinese people expect and deserve. For example, opening the financial services sector to foreign participation will enable China to leap-frog years of costly and problematic practices. Chinese households across the nation would more quickly gain access to a wider range of higher-yielding savings instruments they need to build assets more rapidly for higher living standards today and in retirement. Opening markets to trade and competition would further signal to the international community China's willingness to assume a role as a responsible global economic power. Also, given growing protectionist sentiments around the world, if Chinese reforms slow. China may confront a backlash from other nations. Shared Responsibility for a Healthy Global Economy The U.S. and China also share a responsibility to support the health of the global economy. By working together on this, we can create greater benefits for the people of both our nations. Balanced growth - growth that does not generate large trade imbalances -- is vital to each of our country's prosperity and to sustained global economic growth. In the United States, we remain committed to advancing policies that maintain strong growth and enhance international confidence in our economy, financial markets and securities. We are reducing our budget deficit, and we need to address riSing entitlement costs. This is in our interest, and is also key to addressing global imbalances in the medium term. We must also maintain the robust productivity growth that has allowed the United States to be a key driver of global prosperity in recent years. For China, balanced growth requires continuing economic reform. The resourceintensive, export-intensive economic model that has driven China's extraordinary growth has led to growing imbalances that threaten internal harmony and spur trade conflict. Sustaining China's development in the future will require growth that is based more on increases in productivity, rising domestic household demand, and a greater role for services. All of this depends on a greater role for the market in allocating capital and a reduced reliance on administrative decisions. China's leaders have pledged to carry out the economic reforms necessary to rebalance their economy. Of course, implementation is the name of the game. The expanding size and complexity of the Chinese economy, in particular the influence of provincial governments in policy implementation, make meeting these responsibilities more challenging. The question is not whether China can grow http://www.treas.gov/press/releases/hp671.htm 12/3/2007 hp-671: Remarks by Secretary Henry M. Paulson, Jr. <br>before the 2007 China Institute Executive Su... Page 3 of 4 qUickly over the s~lOrt term, the question is whether it can grow differently and consistently over the long term. To enable market forces to efficiently rebalance the economy and spread prosperity to all the Chinese, China needs more flexible prices, including a much more flexible, market-driven exchange rate. Exchange rate flexibility is also key to allowing monetary policy - the most potent instrument for guiding an economy - to focus on assuring stable and non-inflationary growth. Also, the RMB's exchange rate is increasingly being viewed by many countries as a source of unfair competition. China is increaSingly seen as out of step with international norms and expectations, as evidenced by the growing number of national leaders and multilateral institutions calling for currency appreciation. The G-7 Finance Minister's meeting held in Washington two weeks ago concluded with a communique that specifically called for RMB appreciation. The United States has a stake in China's structural economic reforms because we have a stake in a prosperous, stable China. We do not fear an economically stronger and more competitive China, which benefits the Chinese people, the American people, and the prosperity of the global economy. Working together is already bringing benefits to both our nations, but we have the potential to do much more. We will only realize that potential through direct and intense engagement such as the Strategic Economic Dialogue. Last May, when senior Chinese officials came to Washington for our second meeting of the Strategic Economic Dialogue, we both committed to make consistent strides towards financial sector liberalization. As a result, a major U.S. bank recently announced plans to establish at least ten rural banks and loan companies in China's countryside. It will join the Chinese government's pilot program to allow foreign investors to operate in the rural areas of western and central China. Such transactions, over time, will bring transformational benefits to China's economy and to U.S.-China economic ties. Shared Responsibility for the Integrity of Trade WTO accession and integration into the world economy has allowed China to dramatically grow and thrive. As large beneficiaries of global integration, the U.S. and China share a responsibility to maintain the integrity of trade. The benefits of trade can only continue to flow when consumers around the world have confidence in the quality and integrity of the goods they buy. While the safety of food and product imports is a global problem, it has touched our bilateral trade relationship in an acute way in recent months. We need to work together through respectful, science-based processes to ensure that products coming to America from China are safe. Effective management of these safety issues will have a long term, positive impact on U.S.-China trade relations. As China overcomes these issues, it will be further integrated into the global trading system and this will benefit China's people and help sustain China's economic growth. Through the SED framework, we have expanded bilateral consultations to improve the U.S. government's ability to certify the safety of food and product imports coming from China. The United States will continue to seek opportunities to work with China - by sharing our extensive experience - as China builds the regulatory infrastructures necessary for safe and secure trade in a globally integrated world. On Tuesday, the Bush Administration announced a significant expansion of Food and Drug Administration and Consumer Product Safety Commission authority to inspect and certify imports, and an effort to work with Congress to implement measures to ensure effective inspection of imports. We can use this as a model as we work with China in this crucial area. Shared Energy and Environmental ResponSibilities The United States and China also share the responsibility of ensuring secure and clean energy supplies, and protecting the environment. China's acute environmental problems are degrading the health of its population and ecosystems http://www.treas.gov/press/releases/hp671.htm 12/3/2007 hp-671: Remarks by Secretary Hemy M. Paulson, Jr. <br>before the 2007 China Institute Executive Su... Page 4 of 4 as well as underlllll1lrlg Cillna's long-term economic potential. My perspective is not that of an official of a rich, developed nation, but one borne out by economic truths and past American experiences balancing these priorities. A healthy environment and a strong economy are not mutually exclusive; they are mutually necessary. As I learned during my July trip to Qinghai Province, no one understands this better, or is more concerned about it, than the Chinese people. I applaud the Chinese leadership's recent effort to expend extensive financial resource to save Lake TaL Addressing the issue of climate change by working together on a post-2012 framework will help the United States and China meet our global environmental responsibilities more effectively, and bring greater benefit to our citizens. And, if we are to be successful in this, it must be against the backdrop of strong economies. I was especially pleased that China participated in the recent Major Economies Meeting hosted by President Bush. As the world's largest consumers of oil and as net-importers, we clearly share an interest in energy security and energy conservation. We should expand cooperation in the development of new sources of supply and in minimizing supply shocks. Through cooperation in the development of new alternative energy technologies, we can help ensure that the benefits of a clean, healthy environment endure for coming generations. Advancing U.S.-China Economic Relations at SED III In December, cabinet-level officials from both China and the United States will meet in Beijing for the third round of the Strategic Economic Dialogue. We have a robust and comprehensive agenda which will require focused and consistent leadership in both Washington and Beijing. We will focus on long-term strategic issues, as well as manage short term issues to show progress and concrete results along the way. By addressing the most pressing, short-term issues we can build the confidence to maintain the long-term, strategic relationship that will define the trajectory of U.S.China economic ties. As our two proud and powerful nations work together to meet our responsibilities, our citizens and the global economy will benefit. This relationship may ultimately determine many of the patterns of global prosperity, international security, and economic stability in the 21 st century. Thank you. -30- http://www.treas.gov/press/releases/hp67I.htm 12/3/2007 HP-672: Paulson Outlines Impact of Delayed AMT Patch in Letter to Congress Page 1 of 1 10 view or pnnt tne /-,Uf- content on tnlS page, CiownloaCi tne tree AcJolJelBJ AcrOlJatlBJ KeaCferlBJ. October 23,2007 HP-672 Paulson Outlines Impact of Delayed AMT Patch in Letter to Congress Please find attached three letters that Secretary Henry M. Paulson, Jr. sent in response to a letter from Senator Grassley and Congressman McCrery, as well as a letter from Congressman Reynolds, concerning the impact on the IRS and million of taxpayers of a delayed AMT patch. NOTE: The IRS will hold a technical briefing on the impact of a delayed AMT patch at 11 :30 a.m. Contact IRS Media Relations at (202) 622-4000 to attend the briefing. ### REPORTS • • • Grassley Letter McCrery Letter Reynolds Letter http://www.treas.gov/prcss/rcleascs/hp672.htm 1118/2008 DEPARTMENT OF THE TREASURY WASHINGTON, D.C. SECRETA.RY of l'HE TREASURY October 23, 2007 The Honorable Charles E. Grassley Ranking Member Committee on Finance United States Senate Washington, DC 20510-6200 Dear Senator GrassIey: Thank you for your letter to me asking for information about the impact on the 2008 income tax return filing season if a one-year alternative minimum tax (AMn "patch" is not enacted until later this year. To avoid confusion and delays for taxpayers, it is critical that an AMT patch be enacted by early November. If Congress fails to act, we estimate that 25 million taxpayers will be subject to AM! in 2007 - 21 million more than were subject to the tax in 2006. We estimate that these 25 million taxpayers will pay on average an additional $2,000 in Federal income tax. For these taxpayers, failure to enact a patch for 2007 would result in a substantial unexpected tax increase. Enactment of a patch beyond early November could also significantly delay processing of these taxpayers' returns and payment of any refunds. Moreover, the AMT patch has historically been accompanied by a special ordering rule that applies to a number of popular tax credits - including the child tax credit and the retirement savings contribution credit - and affects the computation of those credits for millions of additional taxpayers who are not subject to the AMT. If enactment of the special ordering rule for credits is delayed beyond early November, as many as 25 million additional taxpayers could face delays in processing of their returns and payment oftheir refunds. Based on historical filing patterns, we estimate that enactment of a patch in mid-to-Iate December could delay issuance of approximately $75 billion in refunds to taxpayers who are likely to file their returns before March 31, 2008. Millions of taxpayers filing returns after that date may also have their refunds delayed. From a tax administration perspective, the Internal Revenue Service (IRS) has advised me that late enactment of the AMT patch (mid-November or later) will create significant challenges and poses an extremely high risk to the 2008 filing season. It will also create significant compliance challenges and will result in confusion for taxpayers, tax return preparers, and tax software developers. By this time each year, income tax fonns and instructions have been revised to reflect current law. Consistent with historical practice, they do not reflect pending legislation. There are 12 forms (the AMT form and 11 credit forms) that will be affected if and when Congress enacts the AMT patch. These forms are attachments to either the Form 1040 or Form l040A. The IRS will release the Form 1040 and 1040A tax packages to the printing vendors by November 7,2007. All additional forms and instructions must be finalized by November 16, 2007, to ensure that the 2008 filing season proceeds with minimal disruption. From the date an AMT patch is enacted, the IRS would have updated tax forms available on irs.gov in approximately three weeks. Printed fonus would be sent to libraries, post offices and other distribution sites two to three weeks later. Furthermore, the IRS' return processing systems have been programmed to reflect current law. The IRS' information technology systems readied under current law (not including the AMT patch) will begin processing returns the frrst day of the tax filing season - January 14, 2008. From the date an AMT patch is enacted, the IRS estimates it will take 12-13 weeks to reprogram, test, and integrate the changes into the complex computer programs and systems that process tax returns. All software developers and the Free File Alliance participants will have to do the same. Updated tax preparation software would be generally available four weeks after the legislation is signed, although the exact time frame would be somewhat dependent on the extent of the legislation. Should the AMT patch be enacted in mid-to-late December: • Updated printed fonns would not be available to taxpayers until after the filing season has started. • The IRS' returns processing systems would not be ready to process tax returns with the AMT or 11 credit forms until mid-to-Iate March. The IRS would have to delay receipt of electronically filed returns, and hold in abeyance paper returns of not only AMT filers, but also, as described above, many other taxpayers (e.g., those claiming the child tax credit) who typically file early in anticipation of a refund. Thus, this could substantially delay issuance of refunds. • Because of the built-up backlog in processing returns, refunds on returns filed in March and April could be delayed as well. • Due to substantial delays in issuance of refunds over the nonnal schedule, the Government could be required to pay interest if the delay exceeded the time required under the law for issuing refunds. • Delays in acceptance of electronic returns could adversely affect the IRS' successful efforts to expand e-filing. • There would be a substantial increase in telephone calls for assistance and written correspondence from people who do not understand the rules, who cannot file their returns electronically, who experience delays in receiving their refunds, or who get an IRS error notice because they incorrectly computed their taxes. • Potential for errors would increase dramatically, as some taxpayers would be confused and would file incorrect returns or out-of-date fonus, resulting in notices to taxpayers and further delays in processing their returns. • There could be a substantial increase in the number of amended returns because taxpayers would file early using fonns that were later updated, and then they would have to file amended returns. 2 The magnitude of these consequences would increase significantly if legislation is enacted that is broader or more complex than the AMT patch enacted for 2006, or is enacted after December 31, 2007, hut still applicable to 2007 tax returns. Enclosed with this letter are responses prepared by the IRS to the specific questions you posed in your letter. Please be assured that the Treasury Department and the IRS will work as diligently as possible to implement legislation enacted by Congress. Ifyau need additional information, please contact me or Acting IRS Commissioner Linda Stiff at (202) 622-9511. S76~L7 Henry M. PaulsoI4 Jr. Enclosure 3 Questions from Congressman McCrery and Senator Grassley Concerning the 2007 AMT Patch and Its Effect on the Filing Season 1. On what date will the forms, instructions, and publications be sent to the printers? To meet the contractual deadline for the Form 1040 and 1040A tax packages~ the IRS will release them to the printing vendors by November 7, 2007. All other tax forms and instructions affecting these fonns must be finalized by November 16, 2007, to ensure that the 2008 filing season proceeds with minimal disruption. 2. If AMT relief is not extended, millions of additional taxpayers may be subject to interest and penalties. Given how late we are in the year, would there be an opportunity for the IRS, through a public service campaign to inform taxpayers that they should send in estimated payments to cover the tax increase and avoid penalties, and would there be value in such a campaign? What would be the estimated cost ot such a campaign? Given how late it is in the year, we do not believe that it is possible to produce a public service campaign in time to affect taxpayer behavior. In addition, the underlying message to taxpayers may be too complex to address in typical advertising campaigns. Rather than a public service campaign, the IRS would use the news media, the web, tax practitioners and other partners to alert taxpayers to the need address estimated tax payments. to 3. How many taxpayers may not be withholding enough to pay their taxes if AMT relief is not extended? If AMT relief is not extended, an estimated 2.8 million taxpayers may not have sufficient estimated and withheld taxes to cover their 2007 income tax liability. 4. How many of these taxpayers do Dot have sufficient withhoJdings to meet safe harbor requirements and, as such, could potentially be subject to penalties? Of the 2.8 million taxpayers, an estimated 100,000 may not have sufficient estimated and withheld taxes to meet safe-harbor requirements. 5. If taxpayers do not have sufficient withholdings to meet safe harbor requirements, what interest and penalties could possibly be charged to them? If AMT relief is not extended, those taxpayers who do not have sufficient estimated and withheld taxes to meet safe-harbor requirements could be subject to an estimated tax penalty. 6. How moch additional tax, on average, will be owed by taxpayers subject to the AMT if AMT rellef is not extended? Ifthe AMT reliefis not extended, it is estimated that the 2007 income tax liability of affected taxpayers would increase by an average of approximately $2,000. 7. Bow would the IRS inform taxpayers of a change in the calculation of AMT liability if an extension of the AMT patch is enacted after tbe tax forms have been printed? If Congress enacts AMT relief legislation after the tax forms have been printed, the IRS will make the revised fonus and instructions available on irs.gov. The printed copies of the revised tax products will be available within three weeks after they are available on irs.gov. The IRS would use the news media, the web, tax practitioners, and other partners to alert taxpayers to the change in the AMT due to enactment ofthe AMT patch. 8. What additional costs would tbe IRS incur to notify taxpayers of the cbange, including tbe printing of new forms? If Congress enacts legislation to extend temporary relief to 2007~ there are 12 forms that will be affected, namely: • • • • • • • • • • • • Fonn 6251 ~ Alternative Minimum Tax - Individuals Fonn 2441 ~ Child and Dependent Care Expenses Form 1116 - Foreign Tax Credit for Individuals Form 5695 - Residential Energy Credits Form 8396 - Mortgage Interest Credit Form 8839 - Qualified Adoption Expenses Form 8859 - District of Columbia First Time Homebuyer Credit Form 8863 - Education Expenses Fonn 8880 - Credit for Qualified Retirement Savings Contributions Schedule R (Form 1040) - Credit for the Elderly or the Disabled ~chedule 2 (ponn 1040A) - Child and Dependent Care Expense for Fonn 1040A Filers Schedule 3 (Fonn 1040A) - Credit for the Elderly or the Disabled for Form 1040A Filers The IRS will have to revise and reissue these forms and instructions, along with tax publications that refer to the AMT. The IRS will have to renegotiate the contracts with the printing vendors if the scheduled print dates are missed. The additional costs will, at a minimum, be in the hundreds of thousands of dollars depending on the new time frames established to print and distribute the revised founs. 9. What additional costs would the IRS incur to reprogram their computer systems? How long would that process take? The IRS' information technology (IT) systems for processing the tax year 2007 returns have already been programmed to reflect the current law (i.e., not including the AMI patch). Significant modifications to the manual and electronic processing systems will be necessary if the AMT legislation is enacted. The IRS requires at least 12-13 weeks to re-program, re-test, and implement the changes upon enactment. At this time, the IRS is still assessing the additional. costs that will be incurred for re-programming its IT systems. 10. What would continued delay (November 15, December 1, December 15, December 22?) in passing AMT relief impact the ability of the IRS to process returns filed during the season, especially during the early part of the filing season? If so, bow many taxpayers could potentially be affected? How large of an interest free loan to the government, in terms of total dollars assoeiated with the delayed refunds of tbese filers, would tbis create? The IRS' IT systems readied under current law (not including the AMT patch) will begin proc~sing the fIrst day of the tax fil.i1;lg season - January 14, 2008. The lRS' return processing systems would not be ready to process tax returns with the AMT or 11 credit fonns until: (a) mid-February if AMTreliefis enacted November 15, (b) late Febiuary if enacted December 1, (c) mid-March if enacted December 15, and (d) mid-to-Iate March if enacted December 22. Without enactment of AMT relief, an estimated 25 million taxpayers will be subject to AMT in 2007 - 21 million more than were subject to the tax in 2006. Although enactment of a patch later in the year may prevent 21 million additional taxpayers from paying more tax, it could significantly delay processing of their returns and payment of their refunds. Moreover, the AMT patch has historically been accompanied by a special ordering rule that applies to a number of popular tax credits - including the child tax credit and the retirement savings contribution credit - and affects the computation of those credits for millions of additional taxpayers who are not subject to the AMT. If enactment of the special ordering rule for credits is delayed beyond early November, as many as 25 million additional taxpayers could face delays in processing of their retwns and payment of their refunds. Based on historical filing patterns, we estimate that enactment of a patch in midto-late December could delay issuance of approximately $75 billion in refunds to taxpayers who are likely to file their returns before March 31, 2008. Millions of taxpayers filing returns after that date may also have their refunds delayed. 11. How would continued delay in passing AMT relief impact tbe ability of the IRS to program its Electronic Fraud Detection System for the 2008 filing season? Could the delay lead to more fraud going undetected? How would continued delay (November 15, December 1, December 15, December 22) impact IRS efforts to address the tax gap and implement the Secretary's proposals in this regard? The Electronic Fraud Detection System (EFDS) is one of the return processing systems that must be reprogrammed to reflect an AMT patch. The IRS would have to reject electronically filed returns and hold in abeyance paper returns that contain the AMT or any of 11 tax credits the computation of which is connected to the AMT. Because these returns would not be processed until the systems have been re-programmed, re-tested and implement~ the delay would not result in more fraud being undetected. Late passage of AMT relief, however, would require diversion of management and technical resources to ensure the complex and highly integrated work is Completed timely and accurately. At this time, we are unable to determine whether the diversion of these resources would affect our efforts to address the tax gap and implement the Administration's proposals. 12. If AMT relief is enacted late this year, and if taxpayers mistakenly pay too much tax because they did not incorporate information advising them of AMT relief, what mechanisms exist for the IRS to catch these mistakes and refund the overpayment? Once the IRS' IT systems have been reprogrammed, re-tested, and implemented to reflect an AMT patch, these systems would automatically flag as an error any taxpayer who pays too much tax because their return did not reflect the correct patch. The IRS would notify these taxpayers about the error. 13. In what other ways could a delay in AMT relief affect taxpayers' abilities to file their tax returns, receive their refunds, and comply with their obligations? The following are other consequences that will likely occur due to late passage of the AMT patch. • • • Updated tax preparation software would not be generally available for four weeks after signed legislation, although the exact timeftame would be somewhat dependent on the extent of the legislation. There would be an increase in telephone calls for assistance and written correspondence from people who do not understand the rules, who cannot file their returns electronically, who experience delays in receiving their refunds or who get an IRS error notice because they incorrectly computed their taxes. Potential for errors would increase dramatically, as some taxpayers would be confused and would file incorrect returns, resulting in notices to taxpayers and further delays in processing their returns. • There could be a substantial increase in the number of amended returns because taxpayers would file early without the AMT and credit forms in order to get a refund and then would have to file amended returns. DEPARTMENT OF THE TREASURY WASHINGTON, D.C. SECRETARY OF THE TREASURY October 23, 2007 The Honorable Jim McCrery Ranking Member Committee on Ways and Means U.S. House of Representatives Washington, DC 20515-6348 Dear Mr. McCrery: Thank you for your letter to me asking for infonnation about the impact on the 2008 income tax return filing season if a one-year alternative minimum tax (AMT) "patch" is not enacted until later this year. To avoid confusion and delays for taxpayers, it is critical that an AMT patch be enacted by early November. If Congress fails to act, we estimate that 25 million taxpayers will be subject to AMT in 2007 - 21 million more than were subject to the tax in 2006. We estimate that these 25 million taxpayers will pay on average an additional $2,000 in Federal income tax. For these taxpayers, failure to enact a patch for 2007 would result in a substantial unexpected tax increase. Enactment of a patch beyond early November could also significantly delay processing of these taxpayers' returns and payment of any refunds. Moreover, the AMT patch has historically been accompanied by a special ordering rule that applies to a number of popular tax credits - including the child tax credit and the retirement savings contribution credit - and affects the computation ofthose credits for millions of additional taxpayers who are not subject to the AMT. If enactment of the special ordering rule for credits is delayed beyond early November, as many as 25 million additional taxpayers could face delays in processing of their returns and payment of their refunds. Based on historical filing patterns, we estimate that enactment of a patch in mid-to-Iate December could delay issuance of approximately $75 billion in refunds to taxpayers who are likely to file their returns before March 31, 2008. Millions of taxpayers filing returns after that date may also have their refunds delayed. From a tax administration perspective, the Internal Revenue Service (IRS) has advised me that late enactment ofthe AMT patch (mid-November or later) will create significant challenges and poses an extremely high risk to the 2008 filing season. It will also create significant compliance challenges and will result in confusion for taxpayers, tax return preparers, and tax software developers. By this time each year, income tax fonns and instructions have been revised to reflect current law. Consistent with historical practice, they do not reflect pending legislation. There are 12 forms (the AMT fDIm and 11 credit forms) that will be affected if and when Congress enacts the AMT patch. These forms are attachments to either the Form 1040 or Form 1040A. The IRS will release the Form 1040 and 1040A tax packages to the printing vendors by November 7,2007. All additional forms and instructions must be finalized by November 16, 2007, to ensure that the 2008 filing season proceeds with minimal disruption. From the date an AMT patch is enacted, the IRS would have updated tax forms available on irs.gov in approximately three weeks. Printed forms would be sent to libraries, post offices and other distribution sites two to three weeks later. Furthermore, the IRS' return processing systems have been programmed to reflect current law. The IRS' information technology systems readied under current law (not including the AMT patch) will begin processing returns the first day of the tax filing season - January 14,2008. From the date an AMT patch is enacted, the IRS estimates it will take 12-13 weeks to reprogram, test, and integrate the changes into the complex computer programs and systems that process tax returns. All software developers and the Free File Alliance participants will have to do the same. Updated tax preparation software would be generally available four weeks after the legislation is signed, although the exact time frame would be somewhat dependent on the extent of the legislation. Should the AMT patch be enacted in mid-to-Iate December: • Updated printed forms would not be available to taxpayers until after the filing season has started. • The IRS' returns processing systems would not be ready to process tax returns with the AMT or 11 credit forms until mid-to-Iate March. The IRS would have to delay receipt of electronically filed returns, and hold in abeyance paper returns of not only AMT filers, but also, as described above, many other taxpayers (e.g., those claiming the child tax credit) who typically file early in anticipation of a refund. Thus, this could substantially delay issuance of refunds. • Because of the built-up backlog in processing retwns, refunds on returns filed in March and April could be delayed as well. • Due to substantial delays in issuance of refunds over the normal schedule, the Government could be required to pay interest if the delay exceeded the time required under the law for issuing refunds. • Delays in acceptance of electronic returns could adversely affect the IRS' successful efforts to expand e-filing. • There would be a substantial increase in telephone calls for assistance and written correspondence from people who do not understand the rules, who cannot file their returns electronicaliy, who experience delays in receiving their refunds, or who get an IRS error notice because they incorrectly computed their taxes. • Potential for errors would increase dramatically, as some taxpayers would be confused and would file incorrect returns or out-of-date fonns, resulting in notices to taxpayers and further delays in processing their returns. • There could be a substantial increase in the number of amended returns because taxpayers would file early using forms that were later updated, and then they would have to file amended returns. 2 The magnitude of these consequences would increase significantly if legislation is enacted that is broader or more complex than the AMT patch enacted for 2006, or is enacted after December 31, 2007, but still applicable to 2007 tax returns. Enclosed with this letter are responses prepared by the IRS to the specific questions you posed in your letter. Please be assured that the Treasury Department and the IRS will work as diligently as possible to implement legislation enacted by Congress. If you need additional information, please contact me or Acting IRS Commissioner Linda Stiff at (202) 622-9511. S:;&~4 Henry M. Paulson, Jr. Enclosure 3 Questions from Congressman McCrery and Senator Grassley Concerning the 2007 AMT Patch and Its Effect on the Filing Season 1. On what date will the forms, instructions, and publications be sent to the printers? To meet the contractual deadline for the Fonn 1040 and 1040A tax packages, the IRS will release them to the printing vendors by November 7, 2007. All other tax forms and instructions affecting these forms f!1ust be finalized by November 16, 2007, to ensure that the 2008 filing season proceeds with minimal disruption. 2. If AMT relief is not extended, millions of additional taxpayers may be subject to interest and penalties. Given how late we are in the year, would there be an opportunity for the IRS, through a public service campaign to inform taxpayers that they should send in estimated payments to cover the tax incre~se and avoid penalties, and would there be value in such a campaign? What would be the estimated cost of such a campaign? Given how late it is in the year, we do not believe that it is possible to produce a public service campaign in time to affect taxpayer behavior. In addition, the underlying message to taxpayers may be too complex to address in typical advertising campaigns. Rather than a public service campaign, the IRS would use the news media, the web, tax practitioners and other partners to alert taxpayers to the need to address estimated tax payments. 3. How many taxpayers may not be withholding enough to pay their taxes if AMT relief is not extended? If AMT reHef is not extended, an estimated 2 8 million taxpayers may not have sufficient estimated and withheld taxes to cover their 2007 income tax liability 4. How many of these taxpayers do not have sufficient withholdings to meet safe harbor requirements and, as such, could potentially be subject to penalties? Of the 2 8 million taxpayers, an estimated 100,000 may not have sufficient estimated and withheld taxes to meet safe-harbor requirements. 5. If taxpayers do not have sufficient withholdings to meet safe harbor requirements, what interest and penalties could possibly be charged to them? If AMT relief is not extended, those taxpayers who do not have sufficient estil11~ted and withheld taxes to meet safe-harbor requirements could be subject to an estImated tax penalty 6. How much additional tax, on average, will be owed by taxpayers subject to the AMT if AMT relief is not extended? If the AMT relief is not extended, it is estimated that the 2007 income tax liability of affected taxpayers would increase by an average of approximately $2,000. 7. How would the IRS inform taxpayers of a change in the calculation of AMT liability if an extension of the AMT patch is enacted after the tax forms have been printed? If Congress enacts AMT relief legislation after the tax forms have been printed, the IRS will make the revised forms and instructions available on irs.gov. The printed copies of the revised tax products will be available within three weeks after they are available on irs,gov. The IRS would use the news media, the web, tax practitioners, and other partners to alert taxpayers to the change in the AMT due to enactment of the AMT patch. 8. What additional costs would the IRS incur to notify taxpayers of the change, including the printing of new forms? If Congress enacts legislation to extend temporary relief to 2007, there are 12 forms that will be affected, namely' • • • • • • • • • • • • Form 6251 - Alternative Minimum Tax - Individuals Form 2441 - Child and Dependent Care Expenses Form 1116 - Foreign Tax Credit for Individuals Form 5695 - Residential Energy Credits Form 8396 - Mortgage Interest Credit Form 8839 - Qualified Adoption Expenses Form 8859 - District of Columbia First Time Homebuyer Credit Form 8863 - Education Expenses Form 8880 - Credit for Qualified Retirement Savings Contributions Schedule R (Form 1040) - Credit for the Elderly or the Disabled Schedule 2 (Form 1040A) - Child and Dependent Care Expense for Fotnl 1040A Filers Schedule 3 (Form 1040A) - Credit for the Elderly or the Disabled for Fonn 1040A Filers The IRS will have to revise and reissue these forms and instructions, along with tax publications that refer to the AMT. The IRS will have to renegotiate the contracts with the printing vendors if the scheduled print dates arc missed. The additional costs will, at a minimum, be in the hundreds of thousands of dollars depending 011 the new time frames established to print and distribute the revised f0D11S 9. What additional costs would the IRS incur to reprogram their computer systems? How long would that process take? The IRS' information technology (IT) systems for processing the tax year 2007 returns have already been programmed to reflect the current law (i.e., not including the AMT patch). Significant modifications to the manual and electronic processing systems will be necessary if the AMT legislation is enacted. The IRS requires at least 12-13 weeks to re-program, re-test, and implement the changes upon enactment. At this time, the IRS is still assessing the additional costs that will be incurred for re-programming its IT systems. 10. What would continued delay (November 15, December 1, December 15, December 22?) in passing AMT relief impact the ability of the IRS to process returns filed during the season, especially during the early part of the filing season? If so, how many taxpayers could potentially be affected? How large of an interest free loan to the government, in terms of total dollars associated with tbe delayed refunds of these flIers, would this create? The IRS' IT systems readied under current law (not including the AMT patch) will begin processing the first day of the tax filing season - January 14,2008. The IRS' return processing systems would not be ready to process tax returns with the AMT or 11 credit forms until: (a) mid-February if AMT relief is enacted November 15, (b) late February if enacted December 1, (c) mid-March if enacted December 15, and (d) mid-to-Iate March if enacted December 22. Without enactment of AMT relief, an estimated 25 million taxpayers will be subject to AMT in 2007 - 21 million more than were subject to the tax in 2006. Although enactment of a patch later in the year may prevent 21 million additional taxpayers from paying more tax, it could significantly delay processing of their retunlS and payment of their refunds. Moreover, the AMT patch has historically been accompanied by a special ordering rule that applies to a number of popular tax credits - including the child tax credit and the retirement savings contribution credit - and affects the computation of those credits for millions of additional taxpayers who are not subject to the AMT. If enactment of the special ordering rule for credits is delayed beyond early November, as many as 25 million additional taxpayers could face delays in processing of their returns and payment of their refunds Based on historical filing patterns, we estimate that enactment of a patch in midto-late December could delay issuance of approximately $75 billion in refunds to taxpayers who are likely to file their returns before March 31, 2008 Millions of taxpayers filing returns after that date may also have their refunds delayed. 11. How would continued delay in passing AMT relief impact the ability of the IRS to program its Electronic Fraud Detection System for the 2008 filing season? Could the delay lead to more fraud going undetected? How would continued delay (November 15, December 1, December 15, December 22) impact IRS efforts to address the tax gap and implement the Secretary's proposals in this regard? The Electronic Fraud Detection System (EFDS) is one ofthe return processing systems that must be reprogrammed to reflect an AMT patch. The IRS would have to reject electronically filed returns and hold in abeyance paper returns that contain the AMT or any of 11 tax credits the computation of which is connected to the AMT Because these returns would not be processed until the systems have been re-programmed, re-tested and implemented, the delay would not result in more fraud being undetected. Late passage of AMT relief, however, would require diversion of management and technical resources to ensure the complex and highly integrated work is completed timely and accurately. At this time, we are unable to determine whether the diversion of these resources would affect our efforts to address the tax gap and implement the Administration's proposals. 12. If AMT relief is enacted late this year, and if taxpayers mistakenly pay too much tax because they did not incorporate information advising them of AMT relief, what mechanisms exist for the IRS to catch these mistakes and refund the overpayment? Once the IRS' IT systems have been reprogrammed, re-tested, and implemented to reflect an AMT patch, these systems would automatically flag as an error any taxpayer who pays too much tax because their return did not reflect the correct patch. The IRS would notify these taxpayers about the error. 13. In what other ways could a delay in AMT relief affect taxpayers' abilities to file their tax returns, receive their refunds, and comply with their obligations? The following are other consequences that will likely occur due to late passage of the AMT patch. • • • Updated tax preparation software would not be generally available for four weeks after signed legislation, although the exact time frame would be somewhat dependent on the extent of the legislation. There would be an increase in telephone calls for assistance and written correspondence from people who do not understand the rules, who cannot file their returns ciectronically, who experience delays in receiving their refunds or who get an IRS error notice because they incorrectly computed their taxes. Potential for errors would increase dramatically, as some taxpayers would be confused and would file incorrect returns, resulting in notices to taxpayers and further delays in processing their retUl11S • There could be a substantial increase in the number of amended returns because taxpayers would file early without the AMT and credit fonns in order to get a refund and then would have to file amended returns. DEPARTMENT OF THE TREASURY WASHINGTON, D.C. SE.CRETARY OFTHE TREASURY October 23,2007 The Honorable Thomas M. Reynolds U.S. House of Representatives Washington, DC 20515 Dear Mr. Reynolds: Thank you for your letters to me and Linda Stiff, Acting Commissioner of Intemal Revenue, asking for infonnation about the impact on the 2008 income tax return filing season if a one-year alternative minimum tax (AMT) "patch" is not enacted untillater this year. To avoid confusion and delays for taxpayers, it is critical that an AMT patch be enacted by early November. If Congress fails to act, we estimate that 25 million taxpayers will be subject to AMT in 2007 - 21 million more than were subject to the tax in 2006. We estimate that these 25 million taxpayers will pay on average an additional $2,000 in Federal income tax. For these taxpayers, failure to enact a patch for 2007 would result in a substantial unexpected tax increase. Enactment of a patch beyond early November could also significantly delay processing of these taxpayers' returns and payment of any refunds. Moreover, the AMT patch has historically been accompanied by a special ordering rule that applies to a number of popular tax credits - including the child tax credit and the retirement savings contribution credit - and affects the computation of those credits for millions of additional taxpayers who are not subject to the AMT. If enactment of the special ordering rule for credits is delayed beyond early November, as many as 25 million additional taxpayers could face delays in processing of their returns and payment of their refunds. Based on historical filing patterns, we estimate that enactment ofa patch in mid-to-Iate December could delay issuance of approximately $75 billion in refunds to taxpayers who are likely to file their returns before March 31, 2008. Millions of taxpayers filing returns after that date may also have their refunds delayed. From a tax administration perspective, the Internal Revenue Service (IRS) has advised me that late enactment of the AMI patch (mid-November or later) will create significant challenges and poses an extremely high risk to the 2008 filing season. It will also create significant compliance challenges and will result in confusion for taxpayers, tax return preparers, and tax software developers. By this time each year, income tax forms and instructions have been revised to reflect current law. Consistent with historical practice, they do not reflect pending legislation. There are 12 forms (the AMT form and 11 credit fonns) that will be affected if and when Congress enacts the AMT patch. These forms are attachments to either the Form 1040 or Fonn 1040A. The IRS will release the Form 1040 and l040A tax packages to the printing vendors by November 7, 2007. All additional forms and instructions must be finalized by November 16, 2007, to ensure that the 2008 filing season proceeds with minimal disruption. From the date an AMT patch is enacted, the IRS would have updated tax fOIIDs available on irs.gov in approximately three weeks. Printed forms would be sent to libraries, post offices and other distribution sites two to three weeks later. Furthermore, the IRS' return processing systems have been programmed to reflect current law. The IRS' information technology systems readied under current law (not including the AMT patch) will begin processing returns the first day of the tax filing season - January 14,2008. From the date an AMT patch is enacted, the IRS estimates it will take 12-13 weeks to reprogram, test, and integrate the changes into the complex computer programs and systems that process tax returns. All software developers and the Free File Alliance participants will have to do the same. Updated tax preparation software would be generally available four weeks after the legislation is signed, although the exact time frame would be somewhat dependent on the extent of the legislation. Should the AMT patch be enacted in mid-to-Iate December: • • • • • • • • Updated printed forms would not be available to taxpayers until after the filing season has started. The IRS' returns processing systems would riot be ready to process tax returns with the AMT or 11 credit forms until mid-to-Iate March. The IRS would have to delay receipt of electronically filed returns, and hold in abeyance paper returns of not only AMT filers, but also, as described above, many other taxpayers (e. g., those claiming the child tax credit) who typically file early in anticipation of a refund. Thus, this could substantially delay issuance of refunds. Because of the built-up backlog in processing returns, refunds on returns filed in March and April could be delayed as well. Due to substantial delays in issuance of refunds over the normal schedule, the Govenunent could be required to pay interest if the delay exceeded the time required under the law for issuing refunds. Delays in acceptance of electronic retums could adversely affect the IRS' successful efforts to expand e-filing. There would be a substantial increase in telephone calls for assistance and written correspondence from people who do not understand the rules, who cannot file their returns electronically, who experience delays in receiving their refunds, or who get an IRS error notice because they incorrectly computed their taxes. Potential for errors would increase dramatically, as some taxpayers would be confused and would file incorrect returns or out-of-date forms, resulting in notices to taxpayers and further delays in processing their returns. There could be a substantial increase in the number of amended returns because taxpayers would file early using forms that were later updated, and then they would have to file amended returns. 2 The magnitude of these consequences would increase significantly if legislation is enacted that is broader or more complex than the AMT patch enacted for 2006, or is enacted after December 31, 2007, but still applicable to 2007 tax returns. Enclosed with this letter are responses prepared by the IRS to the specific questions you posed in your letter. Please be assured that the Treasury Department and the IRS will work as diligently as possible to implement legislation enacted by Congress. If you need additional infonnation, please contact me or Acting IRS Commissioner Linda Stiff at (202) 622-9511. Sincerely, /G~~ Henry M. Paulson, Jr. Enclosure 3 Questions from Congressman Tom Reynolds Concerning the 2007 AMT Patch and Its Effect on the Filing Season 1. Do the IRS's draft forms and instructions assume that Congress will extend the temporary AMT relief to 2007, or do they reflect the current law (i.e., AMT exemption levels have now reverted to their pre-2001Ievels)? Consistent with the IRS' historical practice, the draft 2007 Forms 1040 and 1040A tax packages and other tax forms attached to the Forms 1040 and 1040A for the upcoming filing season reflect current law, not pending legislation. 2. If the draft forms reflect current law, what plans does the IRS have in place to revise those forms, were Congress to enact legislation to extend temporary relief to 2007? If Congress enacts legislation to extend temporary relief to 2007, there are 12 forms that will be affected, namely: • Form 6251- Alternative Minimum Tax - Individuals • Form 2441- Child and Dependent Care Expenses • Form 1116 - Foreign Tax Credit for Individuals • Form 5695 - Residential Energy Credits • Form 8396 - Mortgage Interest Credit • Form 8839 - Qualified Adoption Expenses • Form 8859 - District of Columbia First Time Homebuyer Credit • Form 8863 - Education Expenses • Form 8880 - Credit for Qualified Retirement Savings Contributions • Schedule R (Form 1040) - Credit for the Elderly or the Disabled • Schedule 2 (Form 1040A) - Child and Dependent Care Expense for Form 1040A Filers • Schedule 3 (Form 1040A) - Credit for the Elderly or the Disabled for Form l040A Filers The IRS will have to revise and reissue these forms and instructions, along with tax pUblications that refer to the AMT. 3. By what date does the IRS anticipate distributing its individual tax form packages to taxpayers and preparers so that taxpayers can begin filing their 2007 taxes in January 2008? Individual taxpayers who file paper returns will begin receiving tax packages that reflect the current law within a few days after December 25,2007. Other tax products will be available to the public beginning the first week in January. 4. In order to meet their contractual deadline with its printing vendors, by what date does the IRS need to provide the contents of the final tax forms package to its printing vendors? To meet the contractual deadline for the Form 1040 and 1040A tax packages, the IRS will release them to the printing vendors by November 7, 2007. All other tax forms and instructions affecting these forms must be finalized by November 16, 2007, to ensure that the 2008 filing season proceeds with minimal disruption. 5. In order to meet that contractual deadline with its printing vendors, how much lead time does the IRS need to compose, arrange, and make final revisions to its form? If Congress enacts legislation in November or later, the IRS will make revised forms and instructions available on its website - irs.gov - within three weeks after the date of enactment. The printed copies of the revised tax products will be available within three weeks after they are available on irs.gov. Form 1040 and 1040A tax packages will not be revised. 6. As a practical matter, by what date must the IRs have finalized all of its forms and instructions to ensure that the 2007 tax filing season proceeds with minimal disruption? The individual tax packages will be released to the printing vendors by November 7, 2007. All other forms and instructions affecting these tax forms must be finalized by November 16, 2007, to ensure that the 2008 filing season proceeds with minimal disruption. 7. If Congress has not extended the temporary AMT relief to 2007 by that date, but then does so after the forms have gone to print, what plans does the IRS have in place to issue supplemental instructions or materials explaining the impact of those subsequent changes? What cost would be associated with producing and distributing these supplemental instructions or materials? If Congress does not extend the temporary AMT relief to 2007 by the time the IRS has gone to print with the 2007 tax fonns and instructions, the IRS will not revise or reissue the Forms 1040 and 1040A instructions. The IRS will revise and reissue Form 6251, the 11 credit fonns (listed in the response to Question 2 above), and any other publications that are affected by AMT legislation. The IRS will make the revised forms and instructions available on irs.gov and distribute printed copies through the nonnal distribution channels. Software developers and Free File Alliance participants will also have to reprogram and re-test their software. The IRS will have to renegotiate the contracts with the printing vendors if the scheduled print dates are missed The additional costs will, at a minimum, be in the hundreds of thousands of dollars depending on the new time frames established to print and distribute the revised forms. 8. Under the scenario described above, is there any risk of an increased rate of taxpayer errors in determining whether particular taxpayers are liable for AMT or in calculating their AMT liability? A substantial risk of increased taxpayer error exists because many taxpayers will be confused and file their tax returns and incorrectly compute AMT, because they are not aware of the tax law changes. Accordingly, the IRS will have to refigure their taxes and issue them an error notice. This also could delay issuing any applicable refunds. 9. If so, could that risk include increased numbers of taxpayers paying AMT than were, in fact, actually liable for it in 2007? There is a significant risk that increased numbers of taxpayers will file their returns paying AMT for which they are not liable in tax year 2007. The IRS will have to correct returns of taxpayers that erroneously calculated AMT. 10. What impact would Congress's enactment of an extension of AMT relief very late in the year have on the IRS's manual and electronic processing capabilities? Would additional training be required of IRS employees to educate them about that late change in law? If so, what costs would be associated with this additional training? The IRS' information technology (IT) systems for processing the tax year 2007 returns have already been programmed to reflect the current law. Those systems, readied under current law (not including an extension of temporary AMT relief), will begin processing returns on January 14,2008. Significant modifications to the manual and electronic processing systems will be necessary if the AMT legislation is enacted. The IRS requires at least 12-13 weeks to re-program, retest, and implement the changes upon enactment. Additional training will be required of IRS employees and volunteer income tax assistors (who prepare returns for taxpayers free of charge through, for example, the VITA program) to educate them on the tax law changes to the AMT. Revised .operating procedures for processing returns and assisting taxpayers will be necessary. Additional resources will be needed to provide for the updated training and operating procedures. 11. Would the late enactment of such legislation cause you to anticipate an increase in (a) taxpayers' demand for telephone assistance, (b) delayed refunds, or (c) amended return filings? The likely late enactment of temporary AMT relief (late December) will result in a holding of millions of paper tax returns of not only AMT filers, but also lowincome taxpayers (e.g., those with Child Tax Credit) who are not subject to the AMT but who typically file early. The IRS will also have to reject e-filed returns that contain the AMT or any ofthe 11 credit forms until the IRS implements the systems changes for the AMT. Refunds will be delayed for taxpayers whose returns cannot be processed timely. This will result in a substantial increase in telephone calls for assistance and written correspondence due to lack of timely tax return processing. The number of amended returns will increase because many taxpayers will file early without the AMT or credit forms in order to get a refund and will then need to file amended returns). 12. Are you aware of any impact that late enactment of such legislation could have on developers of tax preparation software? If so, could any of those potential impacts cause additional disruptions to the tax filing season? All software developers and the Free File Alliance participants will have to reprogram and re-test their software. In general, these companies begin programming as soon as the .IRS can provide new programming specifications. Taxpayers who use tax software or rely on tax professionals who use tax software to prepare their returns will either not be able to file their returns until the software changes are available or risk filing an incorrect return because the software did not reflect the legislation. HP~673: Treasury Releases Income Mobility Study Page 1 of 1 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 13, 2007 HP-673 Treasury Releases Income Mobility Study Washington DC--The Treasury Department today released a study on income mobility of U.S. taxpayers from 1996 through 2005. The study showed that, just as in the previous 1O-year period, a majority of American taxpayers move from one income group to another over time. The study also recognizes that the dynamism of the U.S. economy significantly contributes to income mobility. The key findings of the study included: • • • • • • • • Income mobility of individuals was considerable in the U.S. economy during the 1996 through 2005 period with roughly half of taxpayers who began in the bottom quintile moving up to a higher income group within 10 years. About 55 percent of taxpayers moved to a different income quintile within 10 years. Among those with the very highest incomes in 1996--the top 1/100 of one percent--only 25 percent remained in the group in 2005. Moreover, the median real income of these taxpayers declined over the study period. The degree of mobility among income groups is unchanged from the prior decade (1987 through 1996). Economic growth resulted in rising incomes for most taxpayers over the study period: Median real incomes of all taxpayers increased by 24 percent after adjusting for inflation; Real incomes of two-thirds of all taxpayers increased over this period; and Median incomes of those initially in the lower income groups increased more than the median incomes of those initially in the high income groups. REPORTS http://www.treas.go v/prehttP:leases/hp673.htm 12/3/2007 DEP,'\RT:tll~~T 01') 'rI.t: TRE,\.SlJR'" INCOME MOBILITY IN THE U.S. FROM 1996 TO 2005 REpORT OF THE DEPARTMENT OF THE TREASURY NOVEMBER 13, 2007 SUMMARY This study examines income mobility of individuals over the past decade (1996 through 2005) using information reported on individual income tax returns. While many studies have documented the long-term trend of increasing income inequality in the U.S. economy, there has been less focus on the dynamism of the U.S. economy and the opportunity for upward mobility. Comparisons of snapshots of the income distribution at points in time miss this important dimension and can sometimes be misleading. Economic historian Joseph Schumpeter compared the income distribution to a hotel where some rooms are luxurious, but others are small and shabby. Important aspects of fairness are that those in the small rooms have an opportunity to move to a better one, and that the luxurious rooms are not always occupied by the same people. The frequency with which people move between rooms is a crucial aspect of the trends in income inequality in the United States. The key findings of this study include: • • • • • rhere was considerable income mobility of individuals in the U.S. economy during the 1996 through 2005 period with roughly half of taxpayers who began in the bottom quintile moving up to a higher income group within 10 years. About 55 percent of taxpayers moved to a different income quintile within 10 years. Among those with the very highest incomes in 1996 - the top 11100 of 1 percent - only 25 percent remained in this group in 2005. Moreover, the median real income of these taxpayers declined over this period. The degree of mobility among income groups is unchanged from the prior decade (1987 through 1996). Economic growth resulted in rising incomes for most taxpayers over the period from 1996 to 2005. Median incomes of all taxpayers increased by 24 percent after adjusting for inflation. The real incomes of two-thirds of all taxpayers increased over this period. In addition, the median incomes of those initially in the lower income groups increased more than the median incomes of those initially in the higher income groups. The degree of mobility in the overall population and movement out of the bottom quintile in this study are similar to the findings of prior research on income mobility. INCOME MOBILITY IN THE U.S. FROM 1996 TO 2005 Many studies have documented the long-term trend of increasing income inequality in the U.S. economy. U.S. Census data, for example, show that the share of household income of the top 20 percent of households increased from 44.1 percent in 1980 to 50.4 percent by 2005, with the share of the bottom 20 percent decreasing from 4.2 percent to 3.4 percent.' Similarly, Piketty and Saez (1998, 2007) find that the share of income of the top 10 percent of taxpayers increased from 31.7 percent in 1960 to 44.3 percent in 2005, while the share of the top 1 percent increased from 8.4 percent to 17.4 percent. Economists have suggested a variety of factors as possible explanations for these trends, including increased returns to skill and education, greater globalization of labor markets, the decline in unionization, increased immigration, and changes in the supply of highly educated workers. To get a broader perspective on these trends, one must look at the opportunity for upward mobility in the United States, which has sometimes been seen as a defining characteristic of the nation's economy.2 Comparisons of snapshots of the income distribution at points in time miss this important dimension and can sometimes be misleading. Research shows that the distribution of lifetime incomes is more equal than a one-time snapshot implies because a household's relative position in the income distribution often changes over time. Concerns about income inequality at a particular point in time may be assuaged if low incomes are temporary and income mobility provides individuals and families with the opportunity to improve their economic situation over time. In addition, different policy prescriptions might be appropriate for assisting those who are persistently low-income as compared to those whose incomes are only temporarily low. Economic historian Joseph Schumpeter compared the income distribution to a hotel where some rooms are luxurious, but others are small and shabby. The rooms are always occupied, but often by different people. 3 Important aspects of fairness are that those in the small rooms to have an opportunity to move to a better one, and that the luxurious rooms are not always occupied by the same people. Mobility means that over time people move between rooms. The frequency with which people move between rooms is a crucial aspect of the changing trends in income inequality in the United States. Another aspect of discussions of income distribution is the extent to which all income rises over time with an expanding economy. Some have likened this process to an escalator where the opportunity for mobility means that no matter which step a person starts on, he or she can move up. With an escalator, while one can get ahead faster by walking up the steps, much of the U.S. Census Bureau (2006). Litan and Slemrod (\999) state that "A defining ethic of America has long been that, no matter which step you first land on or how great the distance to the higher steps, you have a good shot at moving up if, as President Clinton has frequently said, 'you work hard and play by the rules.'" 3 See Sawhill and Condon (1992) for more discussion of the hotel analogy. I 2 3 4 movement is due to the escalator itself. That is, the real incomes of households can increase over time with the growth of the overall economy. Using three different measures of income mobility that track changes in the incomes of a large sample of individual taxpayers over time, this study presents new evidence on income mobility over the decade from 1996 through 2005. Key findings include: • There is considerable income mobility of individuals in the U.S. economy over the 1996 through 2005 period. More than half of taxpayers (56 percent by one measure and 55 percent by another measure) moved to a different income quintile between 1996 and 2005. About half (58 percent by one measure and 45 percent by another measure) of those in the bottom income quintile in 1996 moved to a higher income group by 2005. • Median incomes of taxpayers in the sample increased by 24 percent after adjusting for inflation. The real incomes of two-thirds of all taxpayers increased over this period. Further, the median incomes of those initially in the lowest income groups increased more in percentage terms than the median incomes of those in the higher income groups. The median inflation-adjusted incomes of the taxpayers who were in the very highest income groups in 1996 declined by 2005. • The composition of the very top income groups changes dramatically over time. Less than half (40 percent or 43 percent depending on the measure) of those in the top 1 percent in 1996 were still in the top 1 percent in 2005. Only about 25 percent of the individuals in the top 11l00th percent in 1996 remained in the top 1I100th percent in 2005. • The degree of relative income mobility among income groups over the 1996 to 2005 period is very similar to that over the prior decade (1987 to 1996). To the extent that increasing income inequality widened income gaps, this was offset by increased absolute income mobility so that relative income mobility has neither increased nor decreased over the past 20 years. Prior Studies of Income Mobility Previous research on income mobility over the past several decades has generally found that about half of those in the bottom quintile move to a higher quintile and also that more than half of households move to a different income quintile within about 10 years. 5 Sawhill and Condon (1992), for example, used the Panel Study ofIncome Dynamics (PSID) to examine the mobility of individuals between the ages of25 and 54 for the periods 1967-1976 and 1977-1986. Using a measure of relative mobility that compares households within their sample, they found that over 60 percent of individuals were in a different family income quintile a decade later. Among individuals initially in the lowest income quintile, 44 percent moved to a higher quintile between 1967 and 1976 and 47 percent moved to a higher quintile between 1977 and 1986. Downward 4 Litan and Slemrod (1999) use the escalator analogy, while McMurrer and Sawhill (l996b) use a similar analogy of moving up and down the economic ladder. In climbing a ladder, however, all the progress is due to individual effort. Holtz-Eakin, et aI., (2000) connect mobility with Horatio Alger success stories. 5 McMurrer and Sawhill (I 996a) summarize a number of the early mobility studies. 4 mobility from the top quintile was experienced by 47 percent and 50 percent in the two periods, respectively. A later study by McMurrer and Sawhill (1 996b ) concluded that mobility rates had remained unchanged during this 20-year period. Two 1992 Treasury studies (1992a and 1992b) examined mobility during the period from 1979 to 1988 using a panel that followed 14,351 income tax returns over the period and controlled for changes in the definition of income due to changes in the tax law. 6 The Treasury data showed that 86 percent of taxpayers in the lowest income quintile in 1979 had moved to a higher quintile by 1988 and 15 percent of them had moved all the way to the top quintile. Among those who were in the top quintile in 1979,65 percent remained in the top quintile in 1988, and only 1 percent had dropped to the lowest quintile. The high degree of mobility reported by this study resulted from several features of the analysis, most importantly the inclusion of taxpayers under age 25, the lack of data on Social Security benefits for older taxpayers, and comparison to the full taxpayer population. When the sample was limited to taxpayers age 25 to 64 and compared to taxpayers in the panel, rather than to all taxpayers aged 25 to 64, the Treasury study showed that 50 percent of the lowest income quintile had moved to a higher quintile after 10 years. 7 Thus, the results were very similar to Sawhill and Condon when a comparable sample and mobility measure were used. Bradbury and Katz (2002a, 2002b) used PSID data to examine relative income mobility in the 1970s, 1980s and 1990s. Their results also show that about half of households in the bottom quintile moved out after 10 years (51 percent for 1969-1979, 50 percent for 1979-1989, 47 percent for 1988-1998). They argue that relative mobility declined slightly in the 1990s as 40 percent of households remained in the same income quintile as compared to 36 percent in the 1970s and 37 percent in the 1980s.8 They also show that the income gaps widened over this period, which would make mobility across quintiles more difficult, and may account for the small decline in relative mobility.9 The 1992 Treasury studies limited the sample to non-dependent taxpayers who had filed in all 10 years from 1979 to 1988. Income was defined as real constant law adjusted gross income (AGI). Real constant law income includes capital gains, but excludes Social Security benefits because they were not taxable until 1984 and thus no data were available for earlier years. For a more detailed description of constant law AGI, see U.S. Treasury (1992a). Income percentiles for each year were computed using the IRS Statistics of Income cross-section samples, which represent the full population of income tax returns filed each year. 7 See U.S. Treasury (1992b). Since Social Security benefits were not taxable prior to 1984, the Treasury income measure excluded Social Security benefits. Dropping the elderly from the sample eliminated spurious downward mobility when households stopped earning wages but were not credited with Social Security benefits. Similarly, dropping those under age 25 eliminated the effects of dramatic income increases when students leave school and get their first full-time jobs. 8 Gittleman and Joyce (1999) also conclude that income mobility rates differed little between the 1970s and 1980s. Comparable data for the 1990s would not yet have been available for their 1999 study. 9 It is unclear whether absolute mobility increased or decreased in these data as this study does not examine absolute income mobility. Table I in Bradbury and Katz (2002b) shows that average real incomes offamilies in the lowest quintile in 1988 increased from 1988 to 1998 after declining in the previous two decades, which may suggest some increase in absolute mobility. 6 5 New Results on Income Mobility -1996-2005 This study examines income mobility over the period from 1996 through 2005 using data from a large sample of individual income tax returns for these two years. The panel uses a large sample of approximately 96,700 tax returns with 169,300 primary and secondary (i.e., spouses on joint returns) taxpayers who filed for tax years 1996 and 2005. 10 The sample represents 117.1 million taxpayers on 76.9 million income tax returns. While the income data are as reported on tax returns, the analysis includes both primary and secondary taxpayers who are each followed separately. Thus, if a married couple filed a joint tax return in 1996, divorced, and then filed separate tax returns in 2005, each person is followed separately, even if one or both of them appear as a secondary taxpayer on another tax return. To avoid counting transitions from school to work as mobility, the analysis follows the common practice in previous research of excluding taxpayers who were under the age of 25 in 1996. II Income is defined as cash income as reported on individual income tax returns and supplemented by data on Social Security benefits reported on information returns filed with the Internal Revenue Service (IRS).12 So as to remove the effects of inflation, cash income is adjusted to 2005 dollars using the Consumer Price Index Current Methodology Series. In order to provide a more complete picture of the different dimensions of income mobility, the analysis provides three different measures: two measures of relative income mobility and one measure of absolute income mobility .13 Relative income mobility shows how the income of households changes over time relative to the incomes of other households, while absolute income mobility measures show how the real incomes of households change over time. Taxpayers are grouped by income quintiles (the lowest 20 percent, the second 20 percent, etc.). Results for the top 1 percent, 5 percent, and 10 percent of the population are also reported. 14 The two measures of relative income mobility are illustrated using a transition matrix that shows the movement of individuals across the population quintiles. For individuals in each income quintile in 1996, the transition matrix shows the percentages that end up in each income quintile in 2005. 10 The sample is based on the IRS Statistics of Income Individual Income Tax Files. The sample used for the study excludes dependent filers and follows primary and secondary taxpayers separately. The construction of the panel sample used for the analysis is discussed in more detail in the Technical Appendix. \I For example, Sawhill and Condon (1992) examine individuals age 25 through 54 in the initial year, while Gittleman and Joyce (1999) limit their sample to individuals between age 25 and 64 in both the initial and ending years. 12 The definition of cash income is discussed in more detail in the Technical Appendix. 13 Other income mobility measures include income variance over time, the correlation between income in one year and income in another year, and the percentages of households that are in a top income class or fall below the poverty level at least once in a period of years as compared to the percentages in a single year. Instead of following the income of specific individuals or households over time, some studies compare similar population groups at different points in time. For example, a recent CBO study (May 2007) reported that the average income of households with children in the lowest income quintile in 2005 was 35 percent higher than the average income of comparable households in 1991 after adjusting for inflation. Since this approach does not follow the incomes of specific households over time, it does not measure income mobility as generally understood. 14 Since primary and secondary taxpayers are followed separately, they are counted separately in determining the income quintiles of the taxpayer population. Thus, a married couple filing jointly is counted as two observations. Similar procedures have been followed in some prior studies, some of which count all members of a household (including children) separately in determining the population quintiles. 6 The measure of absolute income mobility groups taxpayers by income quintile in 1996 and shows the distribution of percentage changes in real income by 2005. The first measure of mobility considers how the incomes of taxpayers in each income group in 1996 changed relative to the incomes of all taxpayers in the filing population in 2005 (Table 1). The income thresholds in 1996 and 2005 for the income quintile groups in this measure are based on all taxpayers age 25 and over in the popUlation of all tax return filers in these two years. The table shows a high degree of income mobility over this period. Nearly 58 percent of households (i.e., 57.6 = 100 - 42.4) in the lowest income quintile in 1996 had moved to a higher quintile by 2005. While 29 percent moved up to the second quintile, the same percentage moved up at least two quintiles, and about 5 percent moved all the way to the top quintile. Table 1: More than 50 percent of taxpayers in the bottom quintile moved to a higher quintile within ten years Income Mobili!y Relative to the Total Tax Filing POQulation, 1996 to 2005 1996 Income Quintile Lowest Second Middle Fourth Highest Top 10% Top 5% Top 1% Lowest 42.4 17.0 7.1 4.1 2.6 Second 28.6 33.3 17.5 7.3 3.2 Middle 13.9 26.7 333 18.3 7.1 2.6 2.6 3.2 2.2 1.8 1.3 4.9 3.9 2.2 2005 Income Quintile Fourth Highest Total 9.9 5.3 100.0 15.1 7.9 100.0 29.6 12.5 100.0 40.2 302 100.0 17.8 100.0 69.4 11.8 8.6 4.9 78.6 83.1 88.4 100.0 100.0 100.0 To~ 10% To~ 5% To~ 1% 2.3 3.0 4.2 8.6 43.4 1.3 1.2 1.4 2.7 22.5 0.2 0.1 0.3 0.3 4.4 61.1 71.6 82.7 37.6 54.4 75.0 8.3 15.2 42.6 All Income 1.2 13.4 6.4 27.1 13.2 16.8 19.6 23.3 100.0 Groups Notes The rows sum to 100 percent across the five quintiles in the first five col umns The table uses the tax returns of primary and secondary non-dependent taxpayers who were age 25 or over in 1996 and filed for both 1996 and 2005. Income breaks for the quintiles and top percentiles are based on the full cross-sections of tax returns for each year, where the taxpayer IS age 25 and over Income is cash income In 2005 dollars as defined in the Technical Appendix. Source: Tabulations by the U.S. Department of the Treasury, Office of Tax Analysis, using data from IRS Statistics of Income, Individual Income Tax Files for tax years 1996 and 2005. Middle-income taxpayers also did well with respect to mobility across income quintiles in the population. A much larger portion moved up to a higher income quintile (42.1 percent = 29.6 + 12.5) than dropped to a lower quintile (24.6 percent = 7.1 + 17.6). About one-third of the taxpayers in the middle income quintile in 1996 were still in the middle quintile in 2005. While households in the top quintile had a higher probability of staying there in 2005, over 30 percent had dropped to a lower quintile, and 2.6 percent dropped all the way to the bottom quintile. While not shown directly in the table, 56 percent of the households filing tax returns in 1996 had moved to a different income quintile in 2005. 15 15 This figure is calculated by summing all of the non-diagonal cells and dividing this number by 5. The diagonal cells contain households in the same quintile in both years. Dividing by 5 adjusts for the fact that the percentages in each quintile row sum to 100 percent, or 500 percent for all five rows. 7 The mobility of the top 1 percent of the income distribution is also important. More than half (57.4 percent = 100 - 42.6) of the top 1 percent of households in 1996 had dropped to a lower income group by 2005. This statistic illustrates that the top income groups as measured by a single year of income (i.e., cross-sectional analysis) often include a large share of individuals or households whose income is only temporarily high. Put differently, more than half of the households in the top 1 percent in 2005 were not there nine years earlier. Thus, while the share of income of the top 1 percent is higher than in prior years, it is not a fixed group of households receiving this larger share of income. As suggested by the Schumpeter hotel analogy, many of the more luxurious rooms are occupied by different people at different times. The second measure of income mobility shows how the incomes of taxpayers in each income quintile in 1996 changed relative to that same group of taxpayers in 2005 (Table 2). Note that unlike Table 1 in which the comparison is to all taxpayers age 25 and over in the filing popUlation in 2005, the comparison in Table 2 is only to the other taxpayers included in the panel. Unlike Table 1, the construction of Table 2 means that in the bottom row showing all taxpayers, 20 percent of the 1996 taxpayers are in each of the 2005 quintiles. 16 Since no new lower-income households enter the comparison population in this table, there is no overall upward movement of these taxpayers within the overall income distribution. Thus, under this measure of income mobility, taxpayers in the bottom income quintile are less likely to rise in to a higher quintile because the only new entrants to the bottom quintile are taxpayers whose incomes have fallen. Nevertheless, almost half of the lowest income quintile (44.9 percent) moved to a higher quintile by 2005. Total mobility was approximately the same as in the first mobility measure, as 55 percent of taxpayers moved to a higher or lower income quintile compared to 56 percent in Table 1. 17 As compared to Table 1, this measure of relative income mobility also implies more downward mobility. 18 For example, a larger portion of taxpayers in the 1996 top quintile were in a lower income quintile in 2005: 39 percent (38.6 = 100 - 61.4) as compared to 31 percent in Table 1. Nearly 60 percent of taxpayers in the top 1 percent in 1996 dropped out of the top 1 percent by 2005, although 87 percent of them remained in the top quintile. 16 This is because Table 2 is constructed by classifying the same group of tax households based on their 1996 income and then by income percentiles based on their 2005 income. There are no additional young or new immigrant taxpayers against which the incomes of these taxpayers are being compared as in Table 1. 17 The 55 percent figure is calculated by summing all of the non-diagonal cells and dividing this number by 5 as was done previously for Table I. 18 Table 2 shows greater downward mobility because for every household that moves up another must move down. The table construction combined with the fact discussed previously that new entrants into the popUlation have lower incomes on average results in more downward mobility using this measure. 8 Table 2: The degree of mobility remains substantial after restricting the analysis to taxpayers included in the panel of tax retu rns Income Mobility Relative to the Panel POl2ulation, 1996 to 2005 1996 Income Quintile Lowest Second Middle Fourth Highest Top 10% Top 5% Top 1% All Income Groups 2005 Income Quintile Fourth Total Highest 6.9 100.0 3.6 10.6 5.6 100.0 23.0 8.7 100.0 38.1 20.8 100.0 21.5 61.4 100.0 Lowest 55.1 24.7 10.8 6.0 3.5 Second 23.7 37.2 23.4 11.0 4.7 Middle 10.8 21.9 34.1 24.2 9.0 3.5 3.2 3.9 3.4 2.8 1.7 6.5 5.0 3.0 13.9 9.6 4.9 72.8 79.4 86.5 100.0 100.0 100.0 20.0 20.0 20.0 20.0 20.0 100.0 TOE 5% 0.9 1.0 1.2 2.1 19.8 TOE 1% 1 0.1 0.2 0.3 4.3 54.4 67.2 80.3 33.5 49.7 73.0 7.9 14.4 40.3 10.0 5.0 1.0 TOE 10% 1.7 2.0 3.2 6.4 36.7 o Notes The rows sum to 100 percent across the five quintiles in the first five columns. The table uses the tax returns of primary and secondary non-dependent taxpayers who were age 25 or over In 1996 and filed for both 1996 and 2005 Income breaks for the quintiles and lOp percentIles are based on only the lax returns of the panel population. Income is cash income in 2005 dollars as defined in the Technical Appendix. Source: Tabulalions by the US Department of the Treasury, Office of Tax Analysis, using data from IRS Statistics of Income, Individual Income Tax Files for tax years 1996 and 2005. The third measure examines absolute income mobility, that is, the extent to which taxpayers incomes rose or fell over time. Table 3 shows that median taxpayer income rose by 24 percent after adjusting for inflation. J9 20 Real income increased for two-thirds (67.5 percent = 17.7 + 14.3 +15.8 +19.7) of taxpayers between 1996 and 2005. Percentage increases in real income were the largest for taxpayers with the lowest incomes in 1996. Among those taxpayers in the lowest income quintile in 1996, median income increased by 90 percent by 2005. Real incomes increased over the period for 82 percent (81.7 = 8.6 + 8.7 + 15.0 +49.4) of these low-income taxpayers and at least doubled for nearly half of this group (49.4 percent). Among taxpayers in the highest income quintile in 1996, real income increased for over half (54.7 percent = 19.5 + 14.0 + 12.7+8.5) and doubled for only 8.5 percent. The median real income of taxpayers in the top quintile in 1996 rose by 10 percent, while the median income of those in the top 1 percent in 1996 declined by 25.8 percent. While this study does not examine these results in detail, the likely causes include the typical life cycle of income and "mean reversion" in which the incomes of taxpayers whose incomes were temporarily high in 1996 revert to a level closer to their long-run average. 21 19 By comparison, in the U.S. Census data (2006), median household real income increased by 5.4 percent from $43,967 to $46,326 over this time period in 2005 dollars. One difference is that the Census data measures changes in the full cross-section popUlation including new entrants, while the data in Table 3 show changes in incomes of individuals that filed income tax returns in 1996 and 2005. 20 Median income refers to the income of the individual in the middle of the income distribution, with halfhaving higher incomes and half having lower incomes. Mean or average income is the arithmetic average of the all taxpayers in the sample. In each case, the calculations are weighted to reflect the total tax-filing popUlation. 21 The results of Auten and Gee (2007) illustrate the effects of the life cycle of incomes. Taxpayers age 45 to 54 had the highest incomes of any age group in 1987, but the median inflation-adjusted income of these taxpayers declined by 1996. By comparison, taxpayers age 25 to 34 had the lowest incomes in 1987, but the most rapid increases in incomes between 1987 and 1996. 9 Among households in the middle income quintile in 1996, median income increased by 23.3 percent. Real income increased for about two-thirds of taxpayers in this group and at least doubled for 14.5 percent. The results reported in Table 3 demonstrate that over the 1996 to 2005 period, incomes rose for the majority of households, and that upward income mobility was the greatest among those that began the period in the lowest income groups. Table 3: Were taxpayers better off in 2005 than in 19961 Absolute Income Mobility, 1996 to 2005 1996 Income Quintile Distribution of Percenta~e Chan~es in Income from 1996 to 2005 in $2005 Decreased Increased more than Decreased Decreased Increased Increased Increased 100% or 25 to 50% u~ to 50% u~ to 25% 25 to 50% 50 to 100% 50% Total more Percent Change in: Mean Income Median Income Lowest Second Middle Fourth Highest 6.8 6.7 6.6 7.9 14.0 4.6 7.8 10.1 10.6 14.0 6.9 12.6 14.8 17.3 17.3 8.6 16.6 20.2 21.7 19.5 8.7 14.7 15.5 17.6 14.0 15.0 17.5 18.3 15.8 12.7 49.4 24.1 14.5 9.1 8.5 100.0 100.0 100.0 100.0 100.0 232.5 70.6 43.1 28.3 26.2 90.5 34.8 23.3 16.6 10.0 Top 10% Top 5% Top 1% 18.6 25.0 38.9 15.6 16.3 13.8 16.4 15.4 12.1 17.1 13.3 8.6 10.9 9.4 6.0 12.0 9.6 7.6 9.6 11.1 13.0 100.0 100.0 100.0 27.6 29.5 12.5 2.9 -6.8 -25.8 All Income 24.2 17.7 100.0 38.0 8.6 9.7 14.2 14.3 19.7 15.8 Groups Notes: The table uses the tax returns of primary and secondary non-dependent taxpayers who were age 25 or over in 1996 and filed for both 1996 and 2005. Income breaks for the quintiles and top percentiles are based on the full cross-sections of tax returns for each year, where the primary taxpayer is age 25 and over. Income is cash income in 2005 dollars as defined in the Technical Appendix. Source: Tabulations by the U.S. Department of the Treasury, Office of Tax Analysis, using data from IRS Statistics of Income, Individual Income Tax Files for tax years 1996 and 2005. Income Dynamics of the Top 11100, 1110, and 1 Percent of the Population One of the advantages of using data from income tax returns to examine income mobility is that these data include a very detailed and complete sample of the very highest income taxpayers. In contrast, most survey data used to study income dynamics, such as the PSID, include only a few high-income households and exclude the very highest income households altogether. This section examines the income mobility of the top 1 percent of the population in detail. Approximately 117 million taxpayers who filed tax returns for 1996 and 2005 are represented in the sample for this study. Thus, the top 1 percent included about 1.17 million taxpayers, the top 0.1 percent was about 117,000 thousand taxpayers and the top 0.01 percent was about 11,700 taxpayers. Table 4 below shows the income mobility of the top 1 percent compared to the total tax filing population in 2005. This table uses the same measure of relative income mobility as Table 1, but shows the top 1 percent in greater detail. The central theme that emerges from an examination of the very highest income taxpayers is that the composition of this group changes dramatically over time (Table 4). The vast majority of taxpayers in this group at the beginning of the 10 year period are absent from this group 10 years later; that is, the very top of the income distribution is highly transient. Among those in the top 0.01 percent in 1996, only 25 percent remained in this group in 2005. While over 80 percent (82.4 = 24.2 + 32.9 + 25.3) of these taxpayers remained within the top 1 percent in 2005,6 percent dropped out of the top income quintile. Similarly, about 25 percent of those who were in 10 the top 0.1 percent in 1996, but below the top 0.01 percent, remained in this group in 2005. About 3.8 percent of these taxpayers moved to the top 0.01 percent and over 70 percent moved further down in the income distribution. Table 4: How did the incomes of the top 1 percent of taxpayers in 1996 change relative to the total population? Income Mobility of the Top 1 Percent Relative to the Total Population Percent Distribution b~ 2005 Income Percentile 1996 Income Percentile 0.1 to 1% 0.01 to 0.1% Top 0.01% Below top 20% 12.0 8.4 6.0 10 to 20% 6.0 2.9 1.1 5 to 10% 8.1 4.3 1.6 1 to 5% 0.1 to 1% 34.2 35.1 16.8 39.1 9.1 24.2 0.01 to 0.1% Top 0.01% 0.3 24.7 3.8 25.3 32.9 4.2 All 100.0 100.0 100.0 100.0 72.9 13.7 5.2 1.0 00 7.0 0.1 All Income Groups Notes: The table includes taxpayers age 25 or over and in the top I percent of tax returns in 1996 who filed for both 1996 and 2005. Income breaks for the quintiles and top percentiles are based on the full cross-sections of tax returns for each year, where the primary taxpayer is age 25 and over. Income is cash income as defined in the Technical Appendix. Source: Tabulations by the U.S. Department of the Treasury, Office of Tax Analysis, using data from IRS Statistics of Income, Individual Income Tax Files for tax years 1996 and 2005. The data also indicate that the incomes of many taxpayers at the highest income levels are very volatile. Table 5 shows that real incomes increased for about 35 percent (35.2 = 8.6 + 6.0 +7.6 + 13.0) of taxpayers in the top .01 percent in 1996. On the other hand, about 59 percent of taxpayers in the top 0.01 percent experienced declines in real income of at least 50 percent. Similarly, 52 percent of those in the top 0.1 percent, but below the top 0.01 percent, experienced income declines of at least 50 percent. These results illustrate that the incomes of a significant portion of those in the very highest income classes in a given year are highly transitory and not maintained over time. Table 5: Absolute Income Mobility of the Top 1 Percent in 1996: Distribution of Changes in Income by 2005 1996 Income Percentile 0.1 to 1% 0.01toO.1% Top 0.01% Distribution of Ratio of 2005 Income to 1996 Income in $2005 Less than 1.25 to 1.50 to 2.00 and 0.50 .50 to .75 0.75 to 1.0 1.0 to 1.25 1.50 2.00 over 12.7 8.3 12.1 38.7 14.8 6.2 7.2 53.1 10.9 8.0 5.9 4.1 5.5 12.4 60.1 6.1 4.4 3.7 4.7 11.7 9.3 Total 100.0 100.0 100.0 All Income Groups 18.2 10.5 15.7 13.9 14.2 18.1 9.3 100.0 Notes: The table includes taxpayers age 25 or over and in the top I percent of tax returns in 1996 who filed for both 1996 and 2005. Income breaks for the quintiles and top percentiles are based on the full cross-sections of tax returns for each year, where the primary taxpayer is age 25 and over. Income is cash income as defined in the Technical Appendix. Source: Tabulations by the U.S. Department of the Treasury, Office of Tax Analysis, using data from IRS Statistics of Income, Individual Income Tax Files for tax years 1996 and 2005. Table 6 shows the mean and median incomes of taxpayers in the top 1 percent in 1996 and 2005 and the percentage changes over time. As in Table 5, this table shows that the real incomes of the majority of those in the very top income classes in a given year are likely to be lower in a later year. Thus, the median income of those in the top 0.01 percent of taxpayers in 1996 fell by 11 64.6 percent from $11.6 million to $4.1 million. The pattern was similar, if less dramatic, for the other subgroups of the top 1 percent in 1996. The basic result is that the income of many of the highest-income taxpayers is transitory. Thus, for the majority of this group at least, the rich do not get richer. Instead, their income drops to a lower level, albeit generally to a level well above average. Table 6: How did the Absolute Incomes of the Top 1 Percent in 1996 Change by 2005? 1996 Income Percentile 0.1 to 1% 0.01 to 0.1% Top 0.01% All Income Grou~s 1996 Mean Income 2005 %Chanae 1996 Median Income 2005 % Chanae 654,953 2,854,752 17,518,043 801,672 3,150,686 14,391,130 22.4 10.4 -17.8 557,503 2,375,946 11,592,130 412,433 1,180,878 4,102,806 -26.0 -50.3 -64.6 70,420 97,206 38.0 48,684 60,487 24.2 Notes: The table includes taxpayers age 25 or over and in the top I percent of tax returns in 1996 who filed for both 1996 and 2005. Income breaks for the quintiles and top percentiles are based on the full cross-sections of tax returns for each year, where the primary taxpayer is age 25 and over. Income is cash income as defined in the Technical Appendix. Source: Tabulations by the U.S. Department of the Treasury, Office of Tax Analysis, using data from IRS Statistics of Income, Individual Income Tax Files for tax years 1996 and 2005. Has Income Mobility Increased or Decreased Over Time?: Comparing 1996-2005 to 19871996 Some studies have argued that income mobility decreased in the 1990s as compared to earlier periods. 22 The income tax data used for this study can be used to compare income mobility in the 1996 to 2005 period with income mobility in the 1987 to 1996 period. 23 Both time periods begin and end roughly during the middle of periods of economic expansion and thus should allow for comparisons that are not greatly affected by the business cycle. Table 7 shows comparable mobility data for the two time periods using the first measure of relative income mobility that compares each initial period sample to the total population in the ending year. While the mobility measure in this table is comparable to that in Table 1, the sample population follows tax households as measured by the tax return of the primary taxpayer. 24 This sample restriction is necessary in order to allow comparable analysis for the two time periods. 25 22 See, for example, Bradbury and Katz (2002a, 2002b). Kopczuk, Saez and Song (2007) conclude that both shortterm and long-term earnings mobility among all workers has been fairly constant since about 1950. 23 The mobility data for the 1987 to 1996 period are taken from Auten and Gee (2007) who examined income mobility for that period using a large panel sample of individual income tax returns and income and mobility measures similar to those in this study. 24 The analysis in this section is based on households as defined for income tax purposes, which differs in some cases from households as defined for Census studies and in various surveys. Since the definitions of "income tax units" and "households" are the same in most cases, this section uses the term "households" in describing the family units reflected on the income tax returns. 25 Auten and Gee (2007) examined the income mobility of tax households, following the primary taxpayer. The sample for Tables 7 and 8 differs from the sample used for the prior sections of the current study in that secondary 12 For each initial income quintile, the upper row shows the income mobility over the 1987 to 1996 period and the lower row shows the income mobility over the 1996 to 2005 period. Thus, one can examine how income mobility changed by comparing the upper and lower rows for the various initial and final income quintile combinations. For example, the upper left part of the table shows that 38.9 percent of taxpayers in the lowest income quintile in 1987 remained in the lowest quintile in 1996, while 37.8 percent of those in the lowest quintile in 1996 were in the lowest quintile in 2005. Thus, the degree of upward mobility from the lowest quintile periods is essentially the same in the two time periods: 61.1 percent from 1987 to 1996 and 62.2 percent from 1996 to 2005. The 1.1 percentage point difference (37.8 percent versus 38.9 percent) for the upper left cells is neither economically nor statistically meaningful, nor are other differences of a few percentage points. The reason is that each cell of the table is based on a sample, albeit a very large one, and the values are subject to sampling error, as well as measurement error from misreported incomes. An examination of the various cells suggests that income mobility was approximately the same in almost all income groups during these time periods. This result may seem surprising given that other studies have reported widening income gaps over time. However, it may indicate that increases in absolute mobility have been able to offset any effects of wider income gaps. A few differences, however, may be large enough for further analysis. For example, the percentage of households in the top income quintile that remained there increased from roughly 68 percent to 73 percent. Interestingly, the percentage of the top 1 percent that remained in the top 1 percent stayed the same, about 45 percent to 46 percent in both periods. This result suggests that the decrease in downward mobility occurred among households in the top 20 percent, but below the top 1 percent of the population. 26 In addition, the percentage of households in the middle-income quintile that moved to a higher income quintile increased by 4.8 percentage points (4.8 = (31.1 - 28.4) + (16.3 - 14.2)), a change that may suggest slightly greater upward mobility among middle-income households. While these differences are interesting, more careful analysis is needed to understand them, such as whether they represent changes among certain income or occupational groups. The basic finding of this analysis is that relative income mobility is approximately the same in the last 10 years as it was in the previous decade. taxpayers are not followed if they file separately in the ending year. An extension of the analysis would be to apply the analytical framework of the current study by tracking primary and secondary taxpayers separately in the data for the earlier period. 26 The more detailed version of this table provided in the Technical Appendix (Table A.4) shows that the percentages of households remaining in the top 5 percent and top 10 percent of households increased. Thus, the decrease in downward mobility occurred for all but the top 1 percent of households. 13 Table 7: Income Mobility Relative to the Total Tax Filing Population, Age 25 and Over, 1987-1996 and 1996-2005 Initial Income Quintile Time Period Lowest End of Period Income Quintile (1996 or 2005) Second Middle Total Highest Fourth T021% Lowest 1987-1996 1996-2005 38.9 37.8 28.3 27.1 14.9 16.1 10.6 11.8 7.3 7.2 100.0 100.0 0.3 0.3 Second 1987-1996 1996-2005 14.2 15.8 33.8 30.1 26.4 28.0 16.4 17.2 9.3 9.0 100.0 100.0 0.2 0.2 Middle 1987-1996 1996-2005 6.1 5.9 17.4 140 33.9 32.6 28.4 31.1 14.2 16.3 100.0 100.0 0.3 0.3 Fourth 1987-1996 1996-2005 3.0 3.1 7.5 5.7 19.4 15.5 40.1 41.9 30.0 33.8 100.0 100.0 0.5 0.3 Highest 1987-1996 1996-2005 1.8 2.0 2.5 2.0 7.3 5.7 20.6 17.2 67.8 73.2 100.0 100.0 5.4 4.8 Top 1% 1987-1996 1996-2005 2.1 2.7 0.9 1.0 2.5 1.5 4.7 4.5 89.9 90.3 100.0 100.0 46.0 44.7 All Income Groues 1987-1996 1996-2005 11.3 11.7 16.5 14.7 20.1 19.1 24.1 24.4 28.0 30.0 100.0 100.0 1.5 1.3 Notes: For each initial income quintile, the upper row shows the 1987-1996 period and the lower row shows the 1996-2005 period. Each row sums to 100 percent across the five quintiles. The table includes returns of households where the primary taxpayer filed in both years and is age 25 or over in the initial year. Income breaks for the quintiles and top percentiles are based on the full cross-sections of tax returns for each year, where the primary taxpayer is age 25 and over. Income is cash income in 2005 dollars as defined in the Technical Appendix. Source: U.S. Treasury Department, Office of Tax Analysis, 1987-1996 Family Panel, Tax Year 1996 and 2005 Individual Income Tax Files. An important related question is whether absolute income mobility changed over this time period. As shown in Table 8 below, absolute income mobility increased at all income levels in the 1996 to 2005 time period as compared to the 1987 to 1996 time period. For example, median incomes of taxpayers in the lowest income quintile increased by 81 percent in the 1987 to 1996 period, but by 109 percent in the more recent period. Similarly, median incomes of taxpayers in the middle quintile increased by 9 percent in the earlier period and 26 percent in the more recent period. Median incomes of taxpayers in the top quintile declined nearly 2 percent in the earlier period, but increased nearly 9 percent in the more recent period. Finally, the median income of taxpayers initially in the top 1 percent for each period declined by about 23 percent to 24 percent in each time period. The percentages of each initial income group whose real incomes doubled also increased for every income group. The percentage of taxpayers initially in the lowest income quintile whose income doubled increased from 47.3 percent to 53.5 percent, for example. Overall, the table shows that upward absolute income mobility increased in the most recent decade as compared to the previous decade. 14 Table 8: Absolute Income Mobility of Households Age 25 and Over, 1987·1996 and 1996·2005 Time Period Initial Income Quintile Percent Distribution of Changes in Income in 2005 Dollars Decreased Increased Increased more than Decreased 5 to 50% No change 5 to 50% 50 to 100% 50% % Chanrae in: Increased 100% or more Mean Income Median Income Lowest 1987-1996 1996-2005 8.7 6.8 10.3 9.3 4.0 2.6 17.0 14.2 12.8 13.7 47.3 53.5 247.5 284.6 8D.6 108.7 Second 1987-1996 1996-2005 6.0 6.6 22.0 17.1 8.7 5.3 28.0 28.4 14.8 15.9 20.6 26.8 53.9 82.6 221 38.0 Middle 1987-1996 1996-2005 7.0 6.0 29.2 20.2 10.7 7.6 28.7 31.0 13.2 17.0 11.2 18.3 30.9 52.5 9.1 26.2 Fourth 1987-1996 1996-2005 8.1 6.7 34.5 25.1 10.2 7.9 30.9 34.1 9.6 15.6 6.6 10.7 15.6 15.6 2.3 17.0 Highest 1987-1996 1996-2005 14.2 12.5 36.3 28.9 9.1 8.3 25.6 30.2 7.4 11.9 7.5 8.2 9.6 25.0 -1.8 8.7 Top 1% 1987-1996 1996-2005 37.0 36.7 26.7 25.8 4.8 4.3 14.3 13.3 6.6 7.3 10.7 12.6 1.6 13.6 -23.8 -23.4 All Income Groue s 1987·1996 1996-2005 9.0 7.9 27.6 20.8 8.8 6.5 26.4 28.1 11.3 14.7 17.0 22.0 24.1 41.0 11.1 30.2 Notes For each initial income quintile. the upper row shows the distribution of changes over the 1987·1996 period and the lower row shows the 1996-2005 period. Each row sums to 100 percent across the first six columns. The table includes returns of households where the primary taxpayer filed in both years and is age 25 or over in the initial year Income breaks for the base year quintiles and top percentiles are based on the tax returns of primary taxpayers whose age is 25 and over. Income is cash income in 2005 dollars as defined in the Technical Appendix. Source US. Treasury Department. Office of Tax Analysis, 1987-1996 Family Panel, Tax Year 1996 and 2005 Individual Income Tax Files. Conclusions This study examined income mobility of individual taxpayers age 25 and over for the period from 1996 through 2005 using information reported on individual income tax returns. The key findings are that there was considerable income mobility of individuals in the U.S. economy during the 1996 through 2005 period and that the degree of income mobility among income groups is unchanged from the prior comparable period (1987 through 1996). The analysis found that more than half of taxpayers (56 percent by one measure and 55 percent by another measure) moved to a different income quintile between 1996 and 2005. About half (58 percent by one measure and 45 percent by another measure) of those in the bottom income quintile in 1996 moved to a higher income group by 2005. Economic growth resulted in rising incomes for most taxpayers over the period from 1996 to 2005. Median incomes of all taxpayers increased by 24 percent after adjusting for inflation. In addition, the real incomes of two-thirds of all taxpayers increased over this period. Further, the median incomes of those initially in the lower income groups increased more than the median incomes of those in the higher income groups. The analysis also found that the composition of the very top income groups changes dramatically over time. Less than half (40 percent or 43 percent by different measures) of those in the top 1 percent in 1996 were still in the top 1 percent in 2005. Only about 25 percent of individuals in the top 0.01 percent in 1996 remained in the top 0.01 percent in 2005. 15 REFERENCES Ackerman, Deena, James Cilke, Julie-Anne Cronin, Janet Holtzblatt, Gillian Hunter, Emily Lin, Janet McCubbin and James R. Nunns. "Treasury's Panel Model for Tax Analysis," U.S. Department of the Treasury, OTA Paper, forthcoming 2007. Auten, Gerald and Geoffrey Gee. "Income Mobility in the U.S.: Evidence from income Tax Returns for 1987 and 1996," OTA Paper 99, U.S. Treasury Department, May 2007. Bradbury, Katherine and Jane Katz. "Are Lifetime Incomes Growing More Unequal? Looking at New Evidence on Family Income Mobility" Regional Review, No.4, Federal Reserve Bank of Boston, September, 2002a. _. "Women's Labor Market Involvement and Family Income Mobility When Marriages End," New England Economic Review, No.4, 2002b. Carroll, Robert, David Joulfaian and Mark Rider, "Income Mobility: The Recent American Experience," Andrew Young School of Policy Studies, Georgia State, Working Paper 06-20, July 2006. Cilke, James, Julie-Anne M. Cronin, Janet McCubbin, James R. Nunns, and Paul Smith. "Distributional Analysis: A Longer Term Perspective," in Proceedings of the Ninety-Third Annual Conference on Taxation, 248-258. Washington, D.C.: National Tax Association, 2001. Congressional Budget Office. "Changes in the Economic Resources of Low-Income Households with Children," Congressional Budget Office Paper, May 2007. Congressional Budget Office. "Trends in Earnings Variability Over the Past 20 Years," Congressional Budget Office Paper, April 2007. Gittleman, Maury and Mary Joyce. "Have Family Income Mobility Patterns Changed?", Demography 36, No.3, August 1999,299-314. Holtz-Eakin, Douglas, Harvey Rosen and Robert Weathers. "Horatio Alger Meets the Mobility Tables," Small Business Economics 14, No.4, June 2000, 243-274. Kopczuk, Wojciech, Emmanuel Saez, and Jae Song. "Uncovering the American Dream: Inequality and Mobility in Social Security Earnings Data Since 1937," NBER Working Paper 13345, August 2007. McMurrer, Daniel and Isabel Sawhill. "'Economic Mobility in the United States," No. 6722, Urban Institute, 1996a. 16 McMurrer, Daniel and Isabel Sawhill. "'How Much Do Americans Move Up and Down the Economic Ladder?," in the Opportunity in America Series, No.3. Washington, D.C.: Urban Institute November 1996b. Piketty, Thomas and Emmanuel Saez, "Income Inequality in the United States, 1913-1998," Quarterly Journal of Economics, CXVIII, No.1, February 2003. Piketty, Thomas and Emmanuel Saez, "Income Inequality in the United States, Tables and Figures Updated to 2005", website: http://elsa.berkeley.edu/~saezl , March 2007. Stewart, Kenneth and Stephen Reed "CPI research series using current methods, 1978-98," Monthly Labor Review, June 1999, pp. 29-38. Sawhill, Isabel and John E. Morton, Economic Mobility: Is the American Dream Alive and Well? Washington, D.C.: The Pew Charitable Trusts website economicmobility.org, May 2007. Sawhill, Isabel and Mark Condon. "Is U.S. Income Inequality Really Growing?: Sorting Out the Fairness Question," Policy Bites. Washington, D.C.: Urban Institute, 1992. Sawhill, Isabel V., "Still the Land of Opportunity?," Urban Institute web site. U.S. Census Bureau. Income, Poverty, and Health Insurance Coverage in the United States, 2005, Current Population Reports P60-231. U.S. Government Printing Office, Washington, DC, 2006. U.S. Treasury Department, Office of Tax Analysis. "Household Income Changes over Time: Some Basic Questions and Facts," Tax Notes 56, August 24, 1992a, 1065-1074. U.S. Treasury Department, Office of Tax Analysis. "Household Income Mobility During the 1980s: A Statistical Assessment Based on Tax Return Data," Special Supplement, Tax Notes 55, June 1, 1992b. 17 TECHNICAL ApPENDIX The data for this study are based on income reported on individual income tax returns, supplemented by data on Social Security benefits from Form SSA-l 099 for lower-income households that are not required to report this information on their income tax returns. The 1996 base year sample uses income tax data for the 1996 tax year from the 1996 IRS Statistics of Income (SOl) Individual Income Tax File and from late-filed returns included in the 1997 and 1998 income tax files. Tax returns for which the primary taxpayer is under age 25 or a dependent filer in 1996 are excluded. In order to obtain the maximum number of matches for 2005, the corresponding data for 2005 were obtained from the IRS Individual Returns Master File at the IRS Computer Data Warehouse. Data for 2005 were obtained for both primary and secondary taxpayers in cases where taxpayers who filed jointly in 1996 filed separately or were a secondary taxpayer in a different tax unit for 2005. Since the data for late-filed tax returns are not yet available for tax year 2005, the analysis does not include such returns. Late-filed tax returns are generally 1 percent or 2 percent of tax returns filed, and are generally more complex tax returns of high-income tax households. Matches were found for 88 percent of the primary and secondary taxpayers in the 1996 sample. This attrition rate is quite low and is likely primarily accounted for by the death of the taxpayer. Cash income is defined to include wages and salaries, tip income, taxable and tax-exempt interest, dividend income, alimony, net income from business (sole proprietorships, partnerships, and S corporations), farm income, net rental income, royalty income, net capital gain or loss in adjusted gross income (AGI), other gain or loss, unemployment compensation, taxable and nontaxable pension and annuity income, Social Security benefits (including the non-taxable portion), and other income included in AGl. Net operating losses carried over from prior years are added back. Alimony payments are subtracted to reflect cash income. These sources of income are as reported on individual income tax returns and supplemented by data from information returns on Social Security benefits received but not subject to tax. The inclusion of tax-exempt interest and Social Security benefits are important improvements to income as generally measured on income tax returns. The inclusion of Social Security benefits is particularly important because it is the main source of income of many older households. Transfer payments subject to tax and thus included in income tax return data accounted for about 84 percent of all cash transfer payments in 1995, the closest year to 1996 for which data were available. (See Technical Appendix A in Auten and Gee, 2007). Overall, the income measure used in this study should generally provide a good measure of cash income for most households, though it may understate income for households receiving significant amounts of tax-exempt income from workers' compensation, Supplemental Security Income, family assistance, or certain veterans disability programs. In addition, the refundable portion of the Earned Income Tax Credit is not included because cash income is a before-tax measure. Cash income can be affected by changes in financial and compensation arrangements. For example, in recent years many mutual funds have learned how to manage their portfolios so as to reduce currently taxable capital gains of investors (i.e., capital gains distributions), even though the market values of the mutual fund shares have been increasing. This change could reduce the incomes of households that owned mutual funds in 2005 compared to the income that would have been reported absent the change. 18 The definition of cash income used in this analysis is similar, but not identical, to measures used in other studies. For example, the definition used here includes capital gains income, while the Census measure of money income does not include capital gains. Some CBO and Treasury analyses have used measures of income that include employer-paid payroll taxes such as the employer share of Social Security taxes and unemployment insurance taxes. These employerpaid taxes are considered to be part of the economic income of households, but are not included in cash income in this study as households do not regard such items as part of their cash income. Income is adjusted for inflation using the Consumer Price Index Research Series Using Current Methods (CPI-U-RS). Table A.I shows the cash income levels for the income quintiles and the top 10 percent, 5 percent, and I percent of the taxpayer population. Table A.1: Income Breaks for Population Quintiles for 1996 and 2005 (in 2005 dollars) Income Quintile or Percentile Bottom Second 1996 Income Cutoff Under 15,326 2005 Income Cutoff Middle Median Third 15,326 25,787 31,785 38,881 Under 19,488 19,488 33,120 41,242 51,257 Fourth 60,897 83,138 85,387 116,425 284,603 120,211 171,856 463,615 Top 10% Top 5% Top 1% Source: IRS, Statistics of Income 1996 and 2005 Individual Income Tax Files. Since the data for this study is based on income tax returns, an important question is the extent to which the sample accurately represents the total population. The sample includes individuals ~·1.' ,ire either primary or secondary non-dependent taxpayers on tax returns filed in 1996. Table A.2 shows that as of 1996, the population of income tax filers used in this study included 85.5 percent of the population age 25 and over and 90.7 percent of the resident popUlation age 25 to 64. Thus, the sample is highly representative of the population aged 25 to 64. In addition, to low-income individuals, the 9.1 percent of individuals in the non-filing popUlation includes noncompliant taxpayers who should have filed returns, late filers, individuals who filed but were claimed as dependents on other tax returns, and individuals who retired and began collecting Social Security benefits prior to age 65. Representation of younger and older individuals was not as complete. About 69 percent of individuals age 20 to 24 and 56 percent of individuals age 65 and over were represented on tax returns. The filing rate for older households declines because Social Security benefits constitute a large portion of the incomes of many older households, but are not subject to tax until modified adjusted gross income exceeds $32,000 for married couples filing jointly and $25,000 for non-married individuals. . 19 Table A.2: Comparison of the Adult Tax Filing Population with the U.S. Age in 1996 Resident Population, July 1,1996 1996 Primary and Taxpayers as Percent Secondary of Resident Population Taxpayers 20-24 17,508 12,604 72.0 25-64 158,675 143,856 90.7 55-64 21,353 18,831 88.2 65 and over 33,956 20,893 61.5 25 and over 192,631 164,749 85.5 Notes: Secondary taxpayer refers to the spouse of the taxpayer on joint tax returns tiled by married taxpayers. Dependent taxpayers who are claimed as dependents on other tax returns are excluded from the numbers of primary and secondary taxpayers. Source: Resident population from Resident Population Estimates of the United States by Age and Sex: April 1, 1990 to July 1, 1999. U.S. Census Bureau. Numbers of taxpayers from U.S. Treasury Department, IRS Statistics of Income, Individual Income Tax Files. As shown in the table below, overall attrition in the panel was 16.2 percent. Of the 18,646 returns for which no tax return was found for 2005, infonnation returns for Social Security benefits were found in 4,161 instances or 22 percent. These 4,161 individuals are not included in the analysis because of the lack of infonnation about other potential sources of income such as interest, dividends, wages and self-employment income. While infonnation on the deaths of taxpayers is not available for this panel, based on experience with the tax panel for the 19871996 period, it is likely that as many as half of the missing returns are attributable to the death of the taxpayer. This is suggested by the fact that of 14,485 not accounted for by Social Security recipient non-filers, 6,251 or 43 percent were accounted for by taxpayers over age 65 in 1996. It is likely that several thousand additional late-filed 2005 returns could be found in later years. After accounting for these factors, the remaining attrition due to factors including noncompliance and income falling below the filing threshold appears to be relatively small. 20 Table A.3: Attrition in the 1996-2005 Panel of Tax Returns Numbers of Non-Deeendent Returns 1996 Income Quintile Lowest Second Middle Fourth 80-9Oth pct 90-95th pct 95-99th pct 99-99.9 pct 99.9-99.99 pct Top .01 pct Total 1996 Age 25-34 35-44 45-54 55-64 65 and over Total 1996 Samele 11,295 8,851 9,977 11,418 6,725 4,867 14,795 18,700 19,022 9,666 115,316 13,251 25,574 31,134 22,732 22,625 115,316 925 889 636 415 165 106 257 309 297 162 4,161 No 2005 Match 2,137 1,493 1,493 1,421 776 496 1,900 2,045 1,821 903 14,485 82 160 349 1,316 2,254 4,161 1,568 2,529 2,538 1,599 6,251 14,485 Only Social Securit~ Percent Attrition From 1996 Samele 1996-2005 Panel 8,233 6,469 7,848 9,582 5,784 4,265 12,638 16,346 16,904 8,601 96,670 Only Social Securi!i: 8.2 10.0 6.4 3.6 2.5 2.2 1.7 1.7 1.6 1.7 3.6 11,601 22,885 28,247 19,817 14,120 96,670 No 2005 Match 18.9 16.9 15.0 12.4 11.5 10.2 12.8 10.9 9.6 9.3 12.6 Total Attrition 27.1 26.9 21.3 16.1 14.0 12.4 14.6 12.6 11.1 11.0 16.2 11.8 9.9 8.2 7.0 27.6 12.6 12.5 10.5 9.3 12.8 37.6 16.2 0.6 0.6 1.1 5.8 10.0 3.6 Notes: The column labeled "Only Social Security" shows the numbers of cases in which Form SSA-I 099 information returns were found for 2005 but no income tax return was filed. The column labeled "No 2005 Match" shows the numbers of cases for which neither Form SSA-1099 nor a tax return were found for 2005. Source: IRS, Statistics of Income 1996 and 2005 Individual Income Tax Files. The following tables provide the complete mobility comparisons between the 1987-1996 period and the 1996-2005 period. These more detailed tables show the results for the top 5 percent and top 10 percent as well as the results for the second measure of relative income mobility. Table A.4: Income Mobility Relative to the Total Tax Filing Population, Age 25 and Over, 1987-1996 and 1996-2005 Initial Income Quintile Lowest Second Middle Fourth Highest Top 10% Top 5% Top 1% End of Period Income Quintile Time Period 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 Lowest 38.9 37,8 14.2 15.8 6.1 5.9 3.0 3.1 1.8 2.0 1.8 2.2 1.9 2.7 2.1 2.7 Second 28.3 27.1 338 30.1 17.4 14.0 7.5 5.7 2.5 2.0 1.5 12 1.4 1.0 09 10 Middle 14.9 16.1 26.4 28.0 33.9 32.6 19.4 15.5 7.3 5.7 4.4 2.9 3.2 1.5 2.5 1.5 Fourth 10.6 11.8 16.4 172 28.4 311 401 41.9 206 17.2 13.6 7.4 82 4.5 4.7 4.5 Highest 7.3 72 9.3 9.0 14.2 16.3 30.0 33.8 67.8 73.2 78.7 86.3 85.2 90.3 89.9 90.3 p 996 or 2005~ Total 100.0 1000 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 1000 100.0 100.0 100.0 1000 100.0 TOE! 10% 3.4 29 3.2 3.5 5.6 58 10.3 11.2 426 46.7 60.6 75.1 73.3 85.0 83.3 85.0 TOE! 5% 17 1.5 1.2 1.5 2.3 2.0 38 3.8 23.9 246 38.9 58.3 56.3 77.7 75.8 77.7 TOE! 1% 0.3 0.3 0.2 0.2 0.3 0.3 0.5 0.3 5.4 4.8 9.9 15.7 17.3 44.7 46.0 44.7 24.1 28.0 100.0 14.4 1987-1996 20.1 7.3 1.5 11.3 16.5 All Income 24.4 30.0 100.0 15.3 7.3 1996-2005 11.7 19.1 1.3 14.7 Groul2s Notes: For each initial income qUlntile, the upper row shows the 1987-1996 period and the lower row shows the 1996-2005 period. The table includes returns of households where the primary taxpayer filed for both years and is age 25 or over in the initial year. Income breaks for the quintiIes and top percentiles are based on the full cross-sections of tax returns for each year, where the pnmary taxpayer is age 25 and over Income IS cash income as defined in the Technical Appendix. Source US. Treasury Department, 1987-1996 Family Panel, Tax Year 1996 and 2005 Individual Income Tax Files. 21 Table A.5: Income Mobility Relative to the Base Year Population, Age 25 and Over, 1987-1996 and 1996-2005 Initial Income Quintile Lowest Second Middle Fourth Highest Top 10% Top 5% Top 1% End of Period Income Quintile 11996 or 2005) Time Period 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 Lowest 54.6 54.1 25.5 27.1 12.0 10.6 5.1 5.4 2.7 2.8 2.5 2.7 2.5 2.9 2.5 3.4 Second 22.1 22.8 36.5 36.7 24.6 26.0 12.3 10.4 4.6 4.1 3.0 2.7 2.4 2.3 1.6 1.2 Middle 11.1 11.1 20.3 19.7 32.9 33.1 25.0 26.7 10.8 9.6 6.7 6.0 4.6 4.6 3.5 2.9 Fourth 7.5 7.8 12.0 10.9 19.9 20.5 37.0 37.7 23.5 23.1 14.9 14.0 9.6 8.9 6.1 4.7 Highest 4.7 4.3 5.7 5.7 10.6 9.7 20.5 19.9 58.4 60.4 72.9 74.7 80.9 81.4 86.3 87.8 Total 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 Top 10% 2.2 20 2.0 2.2 4.2 3.5 6.8 6.7 34.8 35.7 52.9 54.1 67.1 68.5 80.0 81.9 Toe 5% 1.1 1.1 0.6 1.1 1.7 1.4 2.7 2.3 18.9 19.1 31.5 33.0 47.5 50.6 71.6 74.5 Top 1% 0.2 0.2 0.2 02 0.3 0.3 0.3 0.3 4.1 4.1 7.6 7.6 13.5 14.0 38.1 40.4 20.0 1987-1996 20.0 20.0 20.0 1.0 20.0 100.0 10.0 5.0 1996-2005 20.0 20.0 20.0 1.0 20.0 20.0 100.0 10.0 5.0 Notes: For each initial income quintile, the upper row shows the 1987-1996 period and the lower row shows the 1996-2005 period. The table includes returns of households where the primary taxpayer filed in both years and is age 2S or over in the initial year. Income breaks for the quintiles and top percentiles use only the tax returns where the primary taxpayer is age 25 and over in the base year and filed in both years. Income is cash income as defined in the Technical Appendix. All Income Grou~s Source U.S. Treasury Department, 1987-1996 Family Panel, Tax Year \996 and 2005 Individual Income Tax Files Table A.6: Absolute Income Mobility of Households Age 25 and Over, 1987-1996 and 1996-2005 Initial Income Quintile Lowest Second Middle Fourth Highest Top 10% Top 5% Top 1% Base Year 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 1987-1996 1996-2005 Distribution of Percentage Changes in Income in $2005 Decreased Increased Increased No Increased more than Decreased 50 to 100% or 50% 5 to 50% 5 to 50% 100% more change 17.0 8.7 10.3 4.0 12.8 47.3 6.8 9.3 2.6 14.2 13.7 53.5 6.0 22.0 8.7 28.0 14.8 20.6 28.4 15.9 6.6 17.1 5.3 26.8 28.7 7.0 29.2 10.7 13.2 11.2 31.0 17.0 6.0 20.2 7.6 18.3 30.9 8.1 34.5 10.2 9.6 6.6 6.7 34.1 25.1 7.9 15.6 10.7 14.2 9.1 25.6 7.4 7.5 36.3 30.2 12.5 8.3 11.9 28.9 8.2 18.0 34.7 8.1 22.6 7.6 8.9 7.8 26.0 11.2 16.4 29.6 8.9 23.2 31.7 20.3 8.0 6.5 10.2 20.3 10.3 22.6 29.6 6.8 10A 14.3 6.6 37.0 26.7 4.8 10.7 13.3 36.7 25.8 4.3 7.3 12.6 Percent Change in: Mean Income 247.5 284.6 53.9 82.6 30.9 52.5 15.6 15.6 9.6 25.0 10.3 25.8 9A 27.7 1.6 13.6 Median Income 80.6 108.7 22.1 380 9.1 26.2 2.3 17.0 -1.8 8.7 -4.0 4.0 -8.2 -3.7 -23.8 -23.4 26.4 11.3 1987-1996 9.0 27.6 8.8 17.0 All Income 24.1 111 28.1 1996-2005 7.9 20.8 14.7 6.5 22.0 41.0 30.2 Groues Notes: For each initial income quintile, the upper row shows the distribution of changes over the 1987-1996 period and the lower row shows the 1996-2005 period. Each row sums to 100 percent across the first six columns. The table includes returns of households where the primary taxpayer filed in both years and is age 25 or over in the initial year. Income breaks for the base year quintiles and top percentiles are based on the tax returns of primary taxpayers whose age is 25 and over. Income is cash income in 2005 dollars as defined in the Technical Appendix. Source: U.S. Treasury Department, 1987-1996 Family Panel, Tax Year 1996 and 2005 Individual Income Tax Files. 22 HP-674: Treasury Announces the Appointment of Gambrell to Serve as Director of the Community De... Page 1 of 1 November 9, 2007 HP-674 Treasury Announces the Appointment of Gambrell to Serve as Director of the Community Development Financial Institutions Fund Treasury Secretary Henry M. Paulson, Jr. today announced the appointment of Donna Gambrell to serve as Director of Treasury's Community Development Financial Institutions Fund. The appointment is effective November 26,2007. As Director of the CDFI Fund, Gambrell will oversee the expansion of access to capital and financial services in critically under-served urban, rural and Native American communities, where one of the biggest obstacles to economic development is a lack of access to mainstream sources of private sector capital. Gambrell comes to CDFI from the Federal Deposit Insurance Corporation (FDIC) where she served as Deputy Director, Consumer Protection and Community Affairs in the Division of Supervision and Consumer Protection. She began her career with the FDIC in April 1991 as a Community Affairs Officer for the New York Region. In 2006, Gambrell worked on the Gulf Coast rebuilding efforts in Louisiana and Mississippi where she spearheaded partnerships among financial institutions, government agencies, and community-based organizations to promote community and economic development in areas devastated by Hurricanes Katrina and Rita including low and moderate-income neighborhoods. Prior to joining the FDIC, Gambrell worked at the Resolution Trust Corporation (1989-1991), the Federal Savings and Loan Insurance Corporation (1987-1989), and the U.S. General Accounting Office (1979-1987). Gambrell is a graduate of Towson State University and received a masters of science degree from New York University. In 2004, she received a National Public Service Award for her innovative work over the years in formulating public-private partnerships. - 30 - http://www.treas.gov/press/releases/hp674.htm 12/312007 HP-676: Treasury Targets Lukashenko-controllcd Petrochemical Conglomerate Page 1 of 1 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 13, 2007 HP-676 Treasury Targets Lukashenko-controlJed Petrochemical Conglomerate Washington, D.C.--The U.S. Department of the Treasury today designated Belarus' largest petrochemical conglomerate under Executive Order 13405 as being controlled by oppressive Belarusian president Alexander Lukashenko. "Today's action tightens our sanctions against Lukashenko and his cronies by imposing financial sanctions against a massive conglomerate under the regime's control," said Adam Szubin, Director of Treasury's Office of Foreign Assets Control (OFAC). Belarusian State Concern for Oil and Chemistry, a.k.a. Belneftekhim, along with its representative offices in Germany, Latvia, the Ukraine, Russia, and China, and its wholly-owned U.S. subsidiary Belneftekhim USA, Inc., were added to Treasury's list of Specially Designated Nationals and Blocked Persons, with the result that any assets the entities hold under U.S. jurisdiction must be frozen and U.S. persons are prohibited from transacting or doing business with the designated entities. Today's action follows the 2006 blocking of the assets of Lukashenko and nine other senior officials of his administration. In February 2007, Treasury blocked the assets of another 6 high-ranking Belarusian officials, bringing the total number of designated officials to 16. Today's designations are made pursuant to Executive Order (E.O.) 13405, which was issued in 2006 in light of the oppression by Lukashenko and key members of his administration. E.O. 1:)4()S authorizes the Secretary of the Treasury, after consultation with the Secretary of State, to block the assets of individuals or entities determined to be responsible for, or to have participated in, actions or policies that undermine democratic processes or institutions in Belarus; to be responsible for, or have participated in, human rights abuses related to political repression in Belarus; to be senior officials, family members of such officials, or persons closely linked to such officials who are responsible for, or have engaged in, public corruption related to Belarus; to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, the activities described above or any person listed in or designated pursuant to E.O. 134()S; or to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person listed in or designated pursuant to E.O. 13405. -30- http://www.treas.gQy/press/releases/hp676.htm 12110007 HP-677: Under Secretary for Domestic Finance<br>Robert K. Steel<br>Remarks before the American ... Page 1 of 4 November 13, 2007 HP-677 Under Secretary for Domestic Finance Robert K. Steel Remarks before the American Enterprise Institute Washington - Thank you very much. Peter, thank you for that introduction and to everyone gathered here today, thank you for welcoming me. It is a privilege to be here today at the American Enterprise Institute (AEI) AEI has played a key role in policy-making for over sixty years, welcoming many of our most respected public servants as scholars and fellows, such as Peter, who served as General Counsel at the Treasury Department from 1981 to 1985 and White House Counsel to the President during 1986 and 1987. These esteemed scholars and fellows have strengthened and consistently reaffirmed AEI's mission to "defend the principles and improve the institutions of American freedom and democratic capitalism." The Administration, the Treasury Department, and Secretary Paulson share these objectives, which are reflected in their willingness to explore reform of the regulatory structure related to financial institutions, also the subject of today's panel discussions. Private-sector financial institutions are some of the more nimble and critical contributors to this core AEI mission, to the spread of democratic capitalism. Such institutions serve as a catalyst for economic growth in the United States, contributing over 8 percent to GOP, and have historically dominated the global financial services industry landscape. Recognizing the need to maintain and enhance these institutions' competitiveness so as to fulfill this mission in an increasingly global environment, this past June Secretary Paulson announced that the Treasury Department would undertake a comprehensive review of the regulatory structure surrounding these institutions as part of a broader initiative focused on U.S. capital markets competitiveness. Today, let me first explore the genesis of this initiative and then our plan for the regulatory blueprint project. Globalization's Impact on Competitiveness Upon arriving at the Treasury Department in July 2006, Secretary Paulson immediately focused on enhancing the competitiveness of U.S. capital markets. From his previous position as the head of a major financial institution engaging in transactions all around the globe, he had experienced first-hand the changing nature of the capital markets and U.S.-based financial institutions' ability to compete in these markets. He chose to deliver his first speech as Secretary, not here in Washington, but in New York, reasoning: "I chose New York for my first public remarks because this city is unquestionably the world's financial capital. New York is home to financial institutions that are leaders in the United States and in every major market around the globe - and that is saying something'" At that time, he pointed out, "the challenge before us now is how to achieve the right regulatory balance to allow us to be competitive in today's world while guarding against the recurrence of past abuses." In other words, our task is to maintain U.S. preeminence in global capital markets for today and into the future. Refining these thoughts, a few months later in November 2006, Secretary Paulson devoted a speech, again delivered in New York, to U.S. capital markets competitiveness, focusing on a number of issues impacting this competitiveness, including financial services industry regulation. httPllwww.treas.g~.:./press/releases/hp677.htm 12/3/2007 HP-677: Under Secretary for Domestic Finance<br>Robert K. Steel<br>Remarks before the American ... Page 2 of 4 At apprOXllllately the same time of the Secretary's arrival at the Treasury Department, the financial community actively began to debate the causes of the decline in the U.S. share of global initial public offering (IPO) dollar volume and question whether this decline signaled the diminishing competitiveness of the U.S capital markets. Acknowledging this trend and this question, Secretary Paulson suggested in his November speech that part of this decline likely reflected globalization and the successful dissemination of market-based ideas to other regions of the world. In addition to dollar volume, other IPO statistics also indicate this globalizing trend: Many foreign economies have been rapidly transforming to market-based economies. Of the largest 20 IPOs in 2006, 19 were foreign companies listing in foreign jurisdictions, five of which were privatizations of Chinese state-owned companies listing in Hong Kong or Shanghai. Only one--a U.S. company--of the 20 largest IPOs listed on a U.S. exchange. Ninety percent of the companies going public in 2006 listed on their domestic exchanges. The number of global IPOs more than doubled from 839 in 2002 to 1729 in 2006 (with just over 10 percent listing in the United States) and the amount invested in these offerings nearly quadrupled from $66 billion in 2002 to $246 billion in 2006. On one level, the United States should be concerned about its declining share in global IPO dollar volume; on another level, the United States should acknowledge globalization at work and take credit for the exportation of marketbased ideas to other regions. Although IPOs have become an often-referenced benchmark of capital markets competitiveness, to my mind focusing solely on that measurement is overly simplistic. Instead, we should look broadly at measures that gauge our ability to foster human capital, encourage innovation, and reward efficiency. As these conditions are met, we will continue to excel in areas such as: asset management; alternative asset management vehicles, such as hedge funds, venture capital, and private equity; technology; mergers and acquisitions; trading and execution models: and listed and unlisted derivatives. By most of these measurements we remain the uncontested leader. Yet, the United States must understand these new challenges to its dominance and recognize it helped foster this foreign competitiveness. Another figure might also demonstrate the continuing U.S. influence in this globalization and the importance of competitive U.S. financial institutions. Seven of the top 10 financial institutions in terms of 2006 investment banking revenues are based in the United States. Clearly symbolizing the global presence of U.S.-based financial institutions, at the same time this number should give us pause: Could these numbers suggest a "regulatory escapism" of U.S.-based financial institutions? That is, are U.S.-based financial institutions in some instances purposely avoiding the U.S. marketplace and seeking to do business in different Jurisdictions with a regulatory climate more conducive to innovation and entrepreneurialism? Due to the relative youth of their market-based economies, many of these jurisdictions benefit from a recently created or a newly developing regulatory structure highly homogenized with a modern and complex financial environment. The United States, however, does not possess the luxury of such a regulatory tabula rasa. Over several decades the U.S. financial services industry has accumulated layers of regulation, act upon act, rule upon rule, often difficult for market participants to navigate, often exposing consumers and Investors to unnecessary regulatory gaps. Our regulatory system has adapted to market events by expanding (sometimes in crisiS moments) rather than aiming for the broader objectives of market stability, consumer and investor protection, and cost-effectiveness ThiS creates a difficult environment for both regulators and regulated. Regulators must find ways to balance appropriately these matters Regulatory Blueprint and the Rate of Innovation After reflecting on these issues and hearing from investors, market participants, and http.:IIWWw.treas.goY/press/re\eases/hp677.htm 12/312007 HP-677: Under Secretary for Domestic Finance<br>Robert K. SteeI<br>Remarks before the American ... Page 3 of 4 public policy experts at a Treasury-hosted conference on U.S. capital markets competitiveness last spring, Secretary Paulson asked the Treasury Department to undertake a comprehensive review of the regulatory structure surrounding financial institutions and develop recommendations to modernize the U.S. regulatory system. The goal of this regulatory blueprint is to improve the effectiveness of the regulatory structure relating to financial institutions, to find the "right regulatory balance ... marry[ing) high standards of integrity and accountability with a strong foundation for innovation, growth, and competitiveness." The Treasury Department will approach its review of the current financial services regulatory structure holistically, taking into account all financial services industry participants including insurance, securities, and futures firms, in addition to depository institutions, upon which most past Treasury Department studies have focused. One of the great challenges in undertaking this project will be to find a regulatory system ensuring consumer and investor protection and market stability and adaptive to the accelerating rate of innovation and complexity in the financial services industry. Having spent 30 years in the financial services industry prior to my appointment as Under Secretary for Domestic Finance, I witnessed considerable innovation in the capital markets. But, it was really my last few years in the financial services industry that thiS change accelerated at a nearly mesmerizing pace. When I began my career in the securities industry, technology was an infrequentlydiscussed skill or asset, thought of only as a processing tool. The capital markets were characterized by a nationalistic perspective and innovative vehicles, such as derivatives, were just appearing. Compare that with today when the skilled technologist is a key actor in the industry, markets are global--operating 24/7 without boundaries--, and innovation is a skill reqUired for success. Technological developments have led to innovations in financial products and forever changed information flow. As a result, some have suggested the world has flattened; it has, at the very least, become more compressed. And, this compression will only increase with the passage of time. This past summer, I heard current AEI fellow and accomplished public servant, Newt Gingrich, discuss this rate of change in terms of science. "In scientific knowledge and advancement, we are experiencing today a rate of change that is four times greater than what we did during the last 25 years--making the scale of change we will experience in the 25 year period 2006-2031 at least equivalent to what we experienced in the 100 year period 1906-2006." I would posit that the financial services industry will experience similar accelerating rates of change. In my final five years in the financial services industry I saw as much innovation as I saw in my first 25 years. At the same time. financial innovation and complexity, propelled forward by globalization, will increasingly expose existing fissures and gaps as well as obstructions and inefficiencies in our regulatory system. What does this mean for policymakers? What does this mean for the Treasury Department's blueprint? We must work to find a regulatory system that fills these fissures and gaps, removes these obstructions, and nimbly allows for adaptation to innovation and complexity. To inform our work on the regulatory blueprint, the Treasury Department published a Federal Register notice last month seeking public comment on a number of topics impacting the regulation of financial institutions, including overlapping state and federal regulation, consumer and investor protection, and the strengths and weaknesses of having multiple regulators and multiple federal charters. The Federal Register notice also includes a section of general questions to enable consideration from a broad and integrated perspective, including questions regarding functional regulation, overall risk to the financial system, principles-based and rules-based regulation, and macro-level regulatory structure models. http://www.treas.gov/press/reJeases/hp677.htm 12/3/2007 HP-677: Under Secretary for Domestic Finance<br>Robert K. Steel<br>Remarks before the American ... Page 4 of 4 These matters should be very familiar to many of you in this audience. The Report of the Financial Services Roundtable's Blue Ribbon Commission on Competitiveness, the subject of the panels that have preceded and will follow my remarks, addresses several of these issues. Let me commend the Financial Services Roundtable and the Co-Chairs of the Roundtable's Commission on Enhancing Competitiveness, Richard M. Kovacevich and James Dimon, for their important work in this area, which will inform the debate as the Treasury Department moves forward. In past speeches, the Treasury Department has highlighted several issues that the Roundtable's Report conSiders, including the need for finding an appropriate balance between rules-based and principles-based regulation, enhancing the dialogue between the regulator and the regulated, and a continual and comprehensive regulatory cost-effectiveness analysis. The Treasury Department recognizes the urgency of updating U.S. regulatory structure. Although the regulatory blueprint initiative was contemplated well before the recent market events, the regulatory gaps and fissures these events revealed underscore its necessity. Unlike many of the regulatory studies the Treasury Department has undertaken in the past, which have been mandated by Congress, Secretary Paulson initiated this project. We fully intend to adhere to our friend Peter Wallison's advice to "be bold" when making our final recommendations. The reports and analysis of private sector organizations, such as the Financial Services Roundtable, reaffirm this sense of urgency. In the past, the United States has served as a model to other economies in its ability to achieve regulation effectively protecting consumers and investors, ensuring market stability, and fostering innovation. Federal policymakers should be obliged to work to update this model so that the United States can continue to lead a regulatory race to the top. Conclusion I mentioned at the beginning of my remarks that Secretary Paulson chose the setting of New York as his first speech as Treasury Secretary because of that city's being the financial capital of the world, home to several globally-dominant financial institutions. The Secretary also suggested another reason: "I also chose to come to New York because I know from experience that the solutions to our nation's challenges are not always found in Washington." I am delivering these remarks in Washington, populated with federal policymakers and departments and agencies, because I know from experience that the shared responsibility between the private sector and public sector of defining and implementing the optimal solutions regarding regulatory structure lies here in the city. Thank you. http://www.treas.gov/press/releases/hp677.htm 12/3/2007 HP-678: Treasury Welcomes IMF Debt Relief for Liberia, U.S. Government to Provide Additional Fun ... Page 1 of 1 November 13, 2007 HP-678 Treasury Welcomes IMF Debt Relief for Liberia, U.S. Government to Provide Additional Funding to Help Liberia Close the Deal at the African Development Bank Washington, DC--Treasury Secretary Henry M. Paulson, Jr. today welcomed the announcement from the International Monetary Fund (IMF) that over 80 IMF member countries have agreed to provide approximately $840 million in financing for debt relief for Liberia. "I am proud of the U.S. leadership role, alongside our G-8 partners and management at the international financial institutions, in mobilizing financing for full debt relief for Liberia at the IMF, World Bank and African Development Bank," said Paulson. "This debt relief will help strengthen the economic turn-around begun by President Johnson Sirleaf." Additionally Treasury announces today that it will provide funding for Liberia's required approximately $2.5 million contribution to clearance of its arrears at the African Development Bank (AfDB). This will bring the total U.S. contribution to clearing Liberia's arrears at the AfDB to about $17.5 million. Without this extra contribution from the United States, the Liberian government would have had to put up $2.5 million at the AfDB. "We would rather see the Liberians use their money for schools, health clinics and other urgent rebuilding needs," said Paulson. "It is time to close the deal and move forward with debt relief plans at all three of the international financial institutions." Paulson departs today for a six-day trip to Africa to discuss the positive economic changes taking place on the continent with government and business leaders. "This debt relief will allow Liberia to move forward. By sustaining natural resources, building physical infrastructure, developing financial markets, improving business climates and promoting free trade, African leaders will bring jobs and greater prosperity to all Africans. The traditional African values of hard-work and persistence, combined with leadership dedicated to good governance, will make this possible," said Paulson. Background The U.S. Treasury had earlier said that it would: • Provide over $185 million (SDR 118 million) as part of Liberian debt relief financing at the IMF; • Provide $15 million to the African Development Bank for Liberian debt relief financing; • Forgive our $391 million in claims on Liberia under the Heavily Indebted Poor Country (HIPC) framework. President Bush requested funding in the FY2008 budget to cover the start of the process. - 30 - http://www.treas.govJpressJreleasesJbp678.htm 12110007 HP-679: Remarks by Ambassador Alan F. Holmer at <br>Qinghua University Entitled <br>Establishin... Page 1 of 5 November 14, 2007 HP-679 Remarks by Ambassador Alan F. Holmer at Qinghua University Entitled Establishing New Habits of Cooperation in U.S.-China Economic Relations Beijing - Good evening. It's a pleasure to visit Qinghua University today. Your institution has provided China with an abundance of its top political, business and academic leaders, many of whom have played critical roles in advancing the U.S.China relationship. I applaud their efforts. I hope many of you will embrace their commitment to the U.S.-China relationship in your future careers. Personal Reflections When I became Special Envoy for China and the Strategic Economic Dialogue in February of this year, Vice Premier Wu Yi encouraged me to visit the parts of China beyond Beijing and Shanghai. I happily followed her advice. During this year, I have been privileged to visit Shenyang, Qinghai, Xian, Chengdu, Guangzhou, Shenzhen and Hong Kong. My trips have included several visits to rural villages to see the depths of the challenges you face in promoting balanced, harmonious growth. The complexity of your country is fascinating - and daunting. I have found China to be: rich and poor, modern and ancient, Communist and capitalist, reforming and conservative, and passive and proactive. I am deeply impressed with China's dynamism, creativity, and diversity. President Bush and Treasury Secretary Paulson recognize that a prosperous China and stable bilateral relations are in America's interests. Yet, China is so large and populous that by merely changing itself China is also changing the world. This situation has created both challenges and opportunities for U.S.-China economic relations. I would like to outline my views on those today. Our Changing Economic Relationship China's re-emergence on the global stage is one of the most consequential geopolitical events of recent times. There is hardly an issue - from trade, to national security, to climate change - or a place - from North Korea to Iran to Sudan where American and Chinese interests do not increasingly overlap. Because China is so fully integrated into the global economy, what happens in China's economy affects the entire international community. A cooperative, constructive and candid U.S.-China relationship is central to understanding and responding to China's rise. in all its possible manifestations. As I look across the U.S.-China economic relationship, it is clear to me that this relationship is entering a new phase. First. U.S.-China economic interdependence is deepening. We need each other more and on a broader number of economic and economically consequential issues. Over the past 5 years. according to U.S. data. U.S. exports to China have grown from $18 to $52 billion. while U.S. imports from China have grown from $102 to $287 billion Moreover, the United States and China are shaping. and being shaped by, global energy and environmental trends. which have strong economic consequences. For example. our countries are the world's largest energy consumers and the largest emitters of greenhouse gases. http://www.treas.gov/press/releases/hp679.htm 12/312007 HP-679: Remarks by Ambassador Alan F. Holmer at <br>Qinghua University Entitled <br>Establishin... Page 2 of 5 Second, whereas trade and Investment were once largely a source of stability in bilateral relations, they are now increasingly also a source of tension. Such tensions are straining the domestic consensus in both the United States and China on the benefits of economic engagement. When I first became deeply involved in international trade issues in the 1980s, we didn't have significant trade tensions with China - mainly because we didn't have much bilateral trade. In a sense, the fact that we have trade tensions reflects a maturing of our relationship and the rapid growth in bilateral trade and investment. We need to make sure we manage those tensions effectively in order to keep our bilateral economic relationship on an even keel. Raising trade issues within the WTO is a normal mechanism for addressing disagreements among equal, sovereign trading nations. According to WTO statistics, the United States has had 99 cases filed against us since the WTO's founding in 1994; and the United States has filed 88 cases against 28 countries. In the case of China, five cases have been filed against China by the United States and two cases against the U.S. by China. The EU has brought the most cases against the United States (31 ), followed by Canada (14). Anxieties about increasing trade manifest themselves in several ways, which leads me to the third dynamic confronting us: the rise of economic nationalism and protectionism in both our nations. These sentiments may constrain leaders from adopting policies that are in the long-term interests of the citizens and economies of the United States and China. In responding to globalization, policymakers in both countries must resist the impulse to discard the hard-fought and long-term gains of open economies by pursuing short-term and misguided policy responses. [For example, in the US., the Bush Administration continues to oppose congressional proposals, addressed at China's currency practices, which would be counter-productive and pose risks to the U.S. economy. At the same time, Chinese barriers to U.S. exports and investment, in the context of a large and rising Chinese current account surplus and protracted large-scale interventions in foreign currency markets, make it more difficult to keep the U.S. economy open. These three emerging dynamics to our economic relationship - deepening interdependence, a strained policy consensus, and the rise of economic protectionism - are mutual and require cooperative solutions. Managing Complexity and Establishing New Habits of Cooperation These dynamics informed the creation of the Strategic Economic Dialogue (SED) by President Bush and President Hu Jintao in 2006. They envisioned a forum to allow both governments to communicate at the highest levels and with one voice on issues of long-term and strategic importance. Managing our complex and increasingly interdependent relationship is daunting and requires speaking to the right people - at the right time - on the right issues and in the right way. I learned a long time ago that if you are going to be successful in any kind of dialogue, it IS essential that you do everything you can to put yourself in the other person's shoes, to try to see the world the way he or she does. This is the way you achieve win-win agreements, ones that advance mutual interests, agreements that will withstand the tests of lime. The StrategiC Economic Dialogue embraces this approach. As a new and leading institution in U.S.-China relations, the SED has created useful channels among policymakers in Washington and Beijing. In doing so, we are resetting the foundation for stable and prosperous economic interactions. The United States has three core objectives for the SED. Establishing New Habits of Cooperation First, through this framework, we are advancing the U.S-China economic http://www.treas.gmr}illt::ss!releases/hp679.htm 12/312007 HP-679: Remarks by Ambassador Alan F. Holmer at <br>Qinghua University Entitled <br>Establishin... Page 3 of 5 relationship by establishing new tlabits of bilateral cooperation. We have embraced a broad agenda that covers cross-cutting economic and economically consequential issues. including regulatory transparency. energy conservation. environmental protection. innovation, food and product safety, as well as the important economic issues of exchange rate and macroeconomic policies, market access, and financial sector development and liberalization. Our approach engages multiple and diverse government officials in both countries to facilitate more inclusive interactions. It breaks down classic bureaucratic stovepipes that hinder effective communication and impede results. At the same time, we have continual, high-level interactions to set priorities and ensure their full implementation. Having said that, good process does not ensure good results. Dialogue among senior Chinese and American officials, while useful, needs to be more than talking for the sake of talking and can not give leaders "a pass" on issues of disagreement. It is about setting priorities, specifying consequences and fashioning practical solutions. And that's what direct engagement does: it keeps the relationship on an even keel by lessening miscommunication and dispelling misperceptions so common in the history of the U.S.-China relationship. It helps us signal to China that we welcome the rise of a confident, peaceful and prosperous China. A weak and insecure China is not in America's economic or security interests. Accelerating China's Economic Transition Second, it is vitally important that our policies accelerate the next wave of China's "reform and opening" process. The pace of China's growth has clearly been remarkable, but continued effort is needed. China's top leaders now realize that a key challenge they face is taking the bold policy steps necessary for an economy that is no longer in the first stages of economic growth. We applaud the leadership's current efforts to transition to an economy that is more market-oriented, less reliant on low-value added manufacturing exports, one that depends more on the skills and resourcefulness of the Chinese people and less on material inputs and natural resource consumption. A major risk China faces is that its government won't act quickly enough to take the policy steps necessary to deal with the economic and social imbalances created by its growth model. Without strong policy adjustments, China's economic growth path becomes unsustainable, as Chinese top leaders have publicly stated. We are encouraging key reforms that will help China manage the blistering pace of its economic growth; these include financial market liberalization and a plan for rebalancing growth. China has proven to the world that it can grow fast, but can it grow differently and. ultimately, sustainably, where the quality of growth is as important as the quantity. Bold structural policies are needed to shift China's growth away from heavy industry, high energy use, capital intensiveness, and dependence on exports towards greater reliance on domestic demand, production of services. and a greater share of China's national income accruing to China's households. To enable market forces to efficiently rebalance the economy and spread prosperity to all the Chinese, China needs more flexible prices, including a much more flexible, market-driven exchange rate. Exchange rate fleXibility is also key to allowing monetary policy - the most potent instrument for guiding an economy - to focus on assuring price and financial stability. http://www.treas.goy/press/releases/hp679.htm 12/312007 HP-679: Remarks by Ambassador Alan F. Holmer at <br>Qinghua University Entitled <br>Establishin ... Page 4 of 5 Also, the RMB's exctlange rate IS increasingly being viewed by many countries as a source of unfair competition. A growing number of national leaders and multilateral institutions are calling for currency appreciation The IMF's annual meeting held in Washington last month concluded with a communique that called for greater flexibility of the RMB. The IMF communique acknowledged that an orderly unwinding of global imbalances while sustaining global growth is a shared responsibility. For America, it requires, among other things, steps to boost national saving in the United States, including continued fiscal consolidation. I'm pleased to report that we are making progress, though our work is not done. According to the latest data, the U.S. federal budget deficit fell by about half, from 2 Y, % of GOP to 1 Y. % between 2005 and 2007. A key to China's future success will be its willingness to accelerate the pace of its market-based economic reforms. Meeting and going beyond its WTO commitments, resisting protectionist sentiment, and opening up its economy to greater international competition for goods, and particularly, services, will help rebalance the Chinese economy and spread prosperity more broadly among the Chinese people. These reforms are - and will continue to be - resisted by increasingly influential Chinese businesses. In my judgment, the greatest risk to China's long-term economic security is not that China opens too fast, but. rather, that protectionists prevail, and Chinese reforms proceed too slowly. Encouraging China's Responsible Global Engagement Third, and finally, we are also encouraging China to act responsibly as a global economic power. We welcome China into key international financial institutions and are giving China a greater voice in them as well. Since the initiation of the SED in September 2006, we have supported China's efforts to Join the Inter-American Development Bank (IADB) and the Paris-based Financial Action Task Force (FATF). We also strongly support a greater voting share for China in the IMF and World Bank. Increased participation will allow China to advance its interests in those institutions, but it is also important that Beijing recognize the responsibilities of greater participation. China has become a major source of foreign aid for many of the poorest countries. We look forward to working with China, as a new and welcome participant, in multilateral efforts to assure that foreign aid and lending practices promote sustainable development. This new era in U.S.-China economic relations requires new and dynamic ways of doing business. We are meeting these challenges through the creation of the political space and the institutional capacity for long-term stability in our bilateral economic relations. Our Guiding Principles Our strategy for pursuing these objectives is guided by the principles of shared responsibilities and shared benefits. Although simple - perhaps deceptively so these principles form the core of an economic logiC that is key to supporting deeper reform in China and advancing U.S.-China economic relations. I raise shared responsibilities and shared benefits to underscore that U.S. economic policy towards China does not spring from a desire to shape China in the image of the United States or according to another model of economic development. Chma IS a sovereign nation with a unique history, culture, and economy. Nonetheless, we hope Chinese leaders will fully appreciate the depth of the U.S. experience In building a strong and open economy. The SED's approach towards China is based on sound lessons from history, a firm belief in the role of markets, and recognition that the United States and China have common strategic interests. It reflects an economic imperative for China to pursue http://www.treas.gov/press/releases/hp679.htm 12/312007 HP·679: Remarks by Ambassador Alan F. Holmer at <br>Qinghua University Entitled <br>Establishin... Page 5 of 5 market-based reforms ttlat are central to sustainable, non-inflationary growth. By acting on these principles of shared responsibilities and shared benefits, U.S. and Chinese policymakers can continue global economic integration and maintain stable relations. Together, we will incur costs, shoulder burdens and reap benefits. The risk here is that - by not standing up to meet our shared responsibilities - the citizens of China and the United States will not share in the future benefits. Signposts and Benchmarks While dialogue and negotiations are important, they are far from sufficient to ensure that we keep the bilateral relationship future-oriented and on an even keel. Tangible progress is critically important to demonstrating that we are achieving our long term objectives. In May, we announced a new air services agreement that will double passenger traffic between the United States and China by 2012 and allow full air cargo services between both countries by 2011. In addition to the commercial gains for both countries, additional benefits include more commerce, greater cultural exchanges, and enhanced understanding. We are collaborating with China on a series of policies to foster demand for the development and deployment of clean and efficient, next-generation energy technology. This, in turn, will create a future in which two of the largest economies in the world become examples of bilateral cooperation towards sustainable development. In the SED, we are working with China to develop more modern and efficient capital markets in China. This will also help China move more quickly toward a marketdetermined exchange rate which will improve the government's ability to use monetary policy to promote price and financial stability. Our enhanced dialogue has allowed us to confront problems frankly and honestly and often rapidly. Recent and repeated reports of tainted food and product imports are causing fear and uncertainty in American consumers and harming the "Made in China" brand in the United States. The effectiveness with which China manages these safety issues will have long term implications for U.S.-China trade relations, the integration of China into the global trading system, and the sustainability of China's economic growth. We also need to make sure that policymakers in both countries are focused on sciencebased safety decisions, not protectionism or retaliation. Our next cabinet-level meeting of the SED in December in Beijing will discuss a number of these objectives. Specifically, we will focus on the integrity of trade, balanced economic development, energy conservation, financial sector reform, environmental sustainability, and advancing bilateral investment.Towards a New Future for Bilateral Economic Relations President Bush and President Hu have set a positive agenda for strengthening our economic relationship. The SED is a core part of that agenda because it is longterm in its vision, comprehensive in its scope, and immediate in its ability to deal with the most sensitive bilateral economic tensions. The economic and geopolitical landscape of the 21 st century will be greatly influenced by the way in which the United States and China work together. That emerging future requires a distinct vision and effective mechanisms to achieve it. By establishing new habits of cooperation, the SED has allowed both the United States and China to begin to write the next chapter of our strategic economic relationship. http://WWw.treas.gov/press/releases/hp679.htm 12/312007 HP·680: Deputy Assistant Secretary Valerie Abend Before the <br>U.S. House of Representative Judi... Page 1 of2 November 14, 2007 HP-680 Deputy Assistant Secretary Valerie Abend Before the U.S. House of Representative Judiciary Committee Washington- Mr. Chairman, Ranking Member Smith, and Members of the Committee, it is my privilege to represent the Treasury Department today to discuss the Unlawful Internet Gambling Enforcement Act of 2006 (the "Act"). Proposed Rulemaking Process The Act is designed to require the various payment systems to stop the flow of funds from gamblers to businesses providing unlawful Internet gambling services. To accomplish this, the Act requires the Treasury Department and the Federal Reserve Board, in consultation with the Justice Department, to jointly prescribe regulations requiring participants in designated payment systems to establish policies and procedures that are reasonably designed to prevent or prohibit such funding flows. On October 4,2007 the Treasury Department and the Federal Reserve Board published a Notice of Proposed Rulemaking seeking public comment on the proposed rule. Our goal when writing this proposed rule was to faithfully adhere to the mandates set forth by Congress in the Act. I would like to take a moment to discuss the process the Treasury Department followed to develop this proposed rule. As you are aware, joint rule making requires extensive coordination. The Treasury and the Federal Reserve Board began this proposed rulemaking first by identifying individuals within our offices that have experience with rulemaking and payment systems' operations. At the Federal Reserve, this included individuals responsible for FedWire, one of the largest payment systems in the country. We have learned a lot since the passage of the statute by working with both the Federal Reserve Board and the Justice Department. Payment systems are complex and vary greatly. They are built to meet the needs of the particular participants and while some are modernized, others are paper-based systems. The complexity and differences necessitate different approaches to meet the requirements of the statute effectively. We expect to learn more from the comments that we will receive during the comment period, which runs through December 12, 2007. Fulfilling the Act's Mandates As I mentioned earlier, our overarching principle has been that the proposed rule should faithfully adhere to the Congressional mandates in the Act. First, the Act requires us to designate payment systems that could be used in connection with unlawful Internet gambling. The proposed rule designates the following 5 payment systems: • Automated Clearing House Systems • Card Systems (e.g., credit cards, as well as stored value cards) • Check Collection Systems • Money Transmitting Businesses • Wire Transfer Systems (i.e., CHIPS) Second, the Act requires us to provide exemptions if the Treasury Department and the Federal Reserve jointly determine that it is not reasonably practical for participants in designated payment systems to prevent or prohibit unlawful Internet gambling transactions. No payment system is exempted completely from this http://WWw.treas.gruu.press/releases/bp680.htm 12/312007 HP~680: Deputy Assistant Secretary Valerie Abend Before the <br>U.S. House of Representative Judi... Page 2 of 2 proposed regulation. However, the proposed rule does partially exempt certain participants within some of the designated payment systems from having to establish policies and procedures. The Treasury and the Federal Reserve Board determined that this was the most appropriate way to implement the Act consistent with Congressional intent. Under the proposed rule, the gambling business's bank, or, if abroad, the first U.S. bank dealing with that bank, is not exempted because it could, through reasonable due diligence, ascertain the nature of its customer's business and ensure that the customer relationship is not used to receive unlawful Internet gambling transactions. Let me emphasize that there are requirements under the proposed rule for the bank in the United States that has a corresponding relationship with a gambling business's bank. The proposed exemptions generally extend to the gambler's bank. For example, in the case of checks, the check collection system is highly automated and it is not reasonably practical for the gambler's bank to know whether a check presented to it for payment involves unlawful Internet gambling. However, the gambling business's bank, or, if abroad, the first U.S. bank to receive the check under the proposed rule would need to have policies and procedures to block the processing of the check. Third, the Act requires us to provide nonexclusive examples of policies and procedures, which would be deemed "reasonably designed" to prevent or prohibit unlawful Internet gambling transactions. As a result, this proposed rule contains a "safe harbor" provision, as mandated by the Act that includes for each designated payment system nonexclusive examples of reasonably designed policies and procedures. Fourth, the Act requires us to ensure that certain transactions excluded from the definition of the term "unlawful Internet gambling" are not prevented or prohibited by the proposed rule. For example, the UIGEA states that "the term 'unlawful internet gambling' shall not include any activity that is allowed under the Interstate Horseracing Act of 1978 (IHA). This provision was immediately followed by the Sense of Congress provision that states that the UIGEA was not intended to change the relationship between the IHA and other federal statutes. The IHA did not amend or repeal existing criminal statutes. Since the proposed rule only covers "unlawful internet gambling", it in no way requires participants to prevent or prohibit transactions that are lawful under the Interstate Horseracing Act and all other applicable federal statutes. Conclusion Through our efforts to date, we are making progress in reaching our objective of promulgating a final rule that strictly adheres to the statute. We expect to receive a large number of comments as we approach the close of the comment period. We have an open mind on all aspects of the proposed rule. We will be providing analysis of the comments received, and reasons for any decisions that will be made, as we publish the final rule. Let me assure you that we are committed to giving fair consideration to all relevant comments as we work toward promulgating a final rule. We have much work to do, but we understand the task ahead and what we will need to do to reach our objective. Thank you, I would be happy to answer your questions. -30- http://www.treas.gD\.lpressireleases/hp680.htm 12/312007 HP·681: Under Secretary for International Aft~lirs David H. McCormick <br>Testimony before the Se... Page 1 of 4 November 14, 2007 HP-681 Under Secretary for International Affairs David H. McCormick Testimony before the Senate Committee on Banking, Housing, and Urban Affairs Chairman Dodd, Ranking Member Shelby, Members of the Committee, good afternoon. I very much appreciate the opportunity to appear before you today to discuss sovereign wealth funds. This is a timely hearing on a very important topic. At Treasury, we have been increasingly focused on sovereign wealth funds for more than a year now. I am pleased to be able to share with the Committee some of our views. History and Context First, some history: sovereign wealth funds are not new. The oldest of these funds date back to the 1950s in Kuwait and Kiribati. Over the next four decades, their numbers slowly grew. Three of the largest and most respected funds - the Abu Dhabi Investment Authority, Singapore's Government Investment Corporation, and Norway's Government Pension Fund-Global- were founded in 1976, 1981, and 1990, respectively. By the year 2000, there were about 20 sovereign wealth funds worldwide managing total assets of several hundred billion dollars. Today, what is new is the rapid increase in both the number and size of sovereign wealth funds. Twenty new funds have been created since 2000, more than half of these since 2005, which brings the total number to nearly 40 funds that now manage total assets in a range of $1.9-2.9 trillion. Private sector analysts have projected that sovereign wealth fund assets could grow to $10-15 trillion by 2015. Two trends have contributed to this ongoing growth. The first is sustained high commodity prices. The second is the accumulation of official reserves and the transfers from official reserves to investment funds in non-commodity exporters. It should be noted, that within this group of countries, foreign exchange reserves are now sufficient by all standard metrics of reserve adequacy. For these noncommodity exporters, more flexible exchange rates are often necessary, and Treasury actively pushes for increased flexibility. [1 J So what are sovereign wealth funds? At the Department of the Treasury, we have defined them as government investment vehicles funded by foreign exchange assets, which manage those assets separately from official reserves.[2] Sovereign wealth funds generally fall into two categories based on the source of the foreign exchange assets: • Commodity funds are established through commodity exports, either owned or taxed by the government. They serve different purposes, including stabilization of fiscal revenues, intergenerational saving, and balance of payments sterilization. Given the recent extended sharp rise in commodity prices, many funds initially established for fiscal stabilization purposes have evolved into savings funds. In the case of commodity funds, foreign currency typically accrues to the government, and does not increase the money supply and create unwanted inflationary pressure. • Non-commodity funds are typically established through transfers of assets from official foreign exchange reserves. Large balance of payments surpluses have enabled non-commodity exporting countries to transfer "excess" foreign exchange reserves to stand-alone funds. In the case of non-commodity funds, foreign exchange assets often derive from exchange rate intervention, which then increases a country's money supply. Monetary authorities take additional steps to lower the money supply and stave off inflation by issuing new debt, but there may be a cost associated with this if the cost of the new debt is more than the returns that the government earns on its foreign exchange assets. http IIWWW.treas.goy/press/releasesJhp6Rl.htm 12/3/2007 HP-681: Under Secretary for International Affairs David H. McCormick <br>Testimony before the Se... Page 2 of 4 III contrast to traditional reserves, which are typically invested for liquidity and safety, sovereign wealth funds seek a higher rate of return and may be invested in a wider range of asset classes. Sovereign wealth fund managers have a higher risk tolerance than their counterparts managing official reserve. They emphasize expected returns over liquidity and their investments can take the form of stakes in U.S. companies, as has been witnessed in recent months with increased regularity. However, sovereign wealth fund assets are currently fairly concentrated. By some market estimates, a handful of funds account for the majority of total sovereign wealth fund assets. Roughly two-thirds of sovereign wealth fund assets are commodity fund assets ($1.3-1.9 trillion), while the remaining one-third are noncommodity funds transferred from official reserves ($0.6-1.0 trillion). To get a better perspective of the relative importance of sovereign wealth funds it is useful to consider how they measure up against private pools of global capitaL Total sovereign wealth fund assets of $1.9-2.9 trillion may be small relative to a $190 trillion stock of global financial assets or the roughly $53 trillion managed by private institutional investors. But sovereign wealth fund assets are currently larger than the total assets under management by either hedge funds or private equity funds, and are set to grow at a much faster pace. In sum, sovereign wealth funds represent a large and rapidly growing stock of government-controlled assets, invested more aggressively than traditional reserves. Attention to sovereign wealth funds is inevitable given that their rise clearly has implications for the international financial system. Sovereign wealth funds bring benefits to the system, but also raise potential concerns. Benefits A useful starting point when discussing the benefits of sovereign wealth funds is to stress that the United States remains committed to open investment. On May 10, President Bush publicly reaffirmed in his open economies statement the U.S. commitment to advancing open economies at home and abroad, including through open investment and trade. Lower trade and investment barriers benefit not only the United States, but also the global economy as a whole. The depth, liquidity and efficiency of our capital markets should continue to make the United States the most attractive country in the world in which to invest. Foreign investment in the United States, including from sovereign wealth funds, strengthens our economy, improves productivity, creates good jobs, and spurs healthy competition. In 2006, there was a net increase of $1.9 trillion in foreignowned assets in the United States. Foreign direct investment (FDI) is particularly beneficial to our economy. FDI supports nearly 10 million U.S jobs directly or indirectly, 13% of R&D spending in the U.S., 19% of U.S. exports, and pays 30% higher compensation than the U.S. average. As many observers have pointed out, sovereign wealth funds have the potential to promote financial stability. They are, in principle, long term, stable investors that provide significant capital to the system. They are typically not highly leveraged and cannot be forced by capital requirements or investor withdrawals to liquidate positions rapidly. Sovereign wealth funds, as public sector entities, should have an interest in and a responsibility for financial market stability. Potential Concerns Yet, sovereign wealth funds also raise potential concerns. Primary among them is a risk that sovereign wealth funds could provoke a new wave of investment protectionism, which would be very harmful to the global economy. Protectionist sentiment could be partially based on a lack of information and understanding of sovereign wealth funds, in part due to a general lack of transparency and clear communication on the part of the funds themselves. Concerns about the crossborder activities of state-owned enterprises may also at times be misdirected at sovereign wealth funds as a group. Better information and understanding on both sides of the investment relationship is needed. Second, transactions involving investment by sovereign wealth funds, as with other types of foreign investment, may raise legitimate national security concerns. The http://www.treas.gov/press/releases/hp681.htm 12/312007 HP-681: Under Secretary for International Affairs David H. McCormick <br>Testimony before the Se... Page 3 of 4 new Foreign Investment and National Security Act (FINSA) authored by the Chairman and Ranking members of this committee and signed into law by President Bush last summer, implemented through the Committee on Foreign Investment in the United States (CFIUS), ensures robust reviews of investment transactions, based on the consideration of genuine national security concerns, and requires heightened scrutiny of foreign government-controlled investments. CFIUS is able to review investments from sovereign wealth funds just as it would other foreign government-controlled investments, and it has and will continue to exercise this authority to ensure national security As we take our work forward on sovereign wealth funds, Treasury is also considering, non-national security issues related to potential distortions from a larger role of foreign governments in markets. For example, through inefficient allocation of capital, perceived unfair competition with private firms, or the pursuit of broader strategic rather than strictly economic return-oriented investments, sovereign wealth funds could potentially distort markets. Clearly both sovereign wealth funds and the countries in which they invest will be best served if investment decisions are made solely on commercial grounds. Finally, sovereign wealth funds may raise concerns related to financial stability. Sovereign wealth funds can represent large, concentrated, and often nontransparent positions in certain markets and asset classes. Actual shifts in their asset allocations could cause market volatility. In fact, even perceived shifts or rumors can cause volatility as the market reacts to what it perceives sovereign wealth funds to be doing. Policy Response Treasury has taken a number of steps to help ensure that the United States can continue to benefit from open investment while addressing these potential concerns. First, we are aggressively implementing FINSA through the CFIUS process. I want to be clear that CFIUS reviews the investment transactions of sovereign wealth funds, based on the consideration of genuine national security concerns, just as it would for any other foreign government-controlled investment. FINSA protects our national security while keeping investment barriers low and reaffirming investor confidence and the longstanding U.S. open investment policy. We believe the U.S. investment security framework provides a good model for other countries where protectionist sentiment has been on the rise due to concerns about sovereign wealth funds, and we are actively engaged with these countries to help them avoid undue protectionist responses. Second, we have proposed that the international community collaborate on a multilateral framework for best practices. The International Monetary Fund, with support from the World Bank, should develop best practices for sovereign wealth funds, building on existing best practices for foreign exchange reserve management. These would provide guidance to new funds on how to structure themselves, reduce any potential systemic risk, and help demonstrate to critics that sovereign wealth funds can be responsible, constructive participants in the international financial system. Third, we have proposed that the Organization for Economic Cooperation and Development (OECD) should identify best practices for countries that receive foreign government-controlled investment, based on its extensive work on promoting open investment regimes. These should have a focus on proportionality, predictability and accountability, and should be guided by the well-established principles embraced by OECD and its members for the treatment of foreign investment. It is important to address the growing importance of sovereign wealth funds, on both sides of the investment equation. We have already seen meaningful progress along these lines. On May 12-13 of this year, Treasury hosted a G-20 meeting of Finance Ministry and Central Bank officials on commodity cycles and financial stability, which included perhaps the first multilateral discussion of sovereign wealth funds among countries with these funds and countries in which they invest. Following a period of extensive direct bilateral http://www .treas.gov/press/releases/hp681.htm 1213/2007 HP-681: Under Secretary for Intemational Affairs David H. McCormick <br>Testimony before the Se... Page 4 of 4 outreach with sovereign wealth funds, Secretary Paulson hosted a G-7 outreach meeting on October 19 with Finance Ministers and heads of sovereign wealth funds from eight countries (China, Korea, Kuwait, Norway, Russia, Saudi Arabia, Singapore, and the United Arab Emirates) to build support for best practices. The next day, the International Monetary and Financial Committee - a ministerial level advisory committee to the IMF - issued a statement calling on the IMF to begin a dialogue to identify best practices for sovereign wealth funds. Fourth, Treasury has taken a number of steps internally and within the U.S Government to enhance our understanding of sovereign wealth funds. Treasury has created a working group on sovereign wealth funds that draws on the expertise of Treasury's offices of International Affairs and Domestic Finance. Treasury's new market room is ensuring vigilant, ongoing monitoring of sovereign wealth fund trends and transactions. Through the President's Working Group on Financial Markets, chaired by Secretary Paulson, we continue to discuss and review sovereign wealth funds. We also have initiated bilateral outreach to ensure an ongoing and candid dialogue with countries with significant sovereign wealth funds and their management. Treasury is actively coordinating with Congress through staff briefings and committee hearings. As you know, we informed Congress in June of some of our Initial thinking on sovereign wealth funds in an appendix to the Report on International Economic and Exchange Rate Policies, and we will continue to provide updates on a semi-annual basis. The Treasury Department will continue Its work on sovereign wealth funds through sound analysis and focused bilateral and multilateral efforts to ensure the United States shapes an appropriate international response to this issue, addresses legitimate areas of concern, and ensures that the United States remains open to and welcoming of foreign investment. -30[1 J Russell Green and Tom Torgerson, "Are High Foreign Exchange Reserves in Emerging Markets a Blessing or a Burden?" Office of International Affairs Occasional Paper NO.6, U.S. Department of the Treasury, March 2007. l2] "Sovereign Wealth Funds," Appendix 3 of the Semi-Annual Report to Congress on International Economic and Exchange Rate Policies, June 2007. http://www.treas.gov/press/releases/hp681.htm 12/312007 hp-682: - Update Three - Treasury Secretary Paulson Travels to Africa Page 1 of3 November 14, 2007 hp-682 - Update Three - Treasury Secretary Paulson Travels to Africa Treasury Secretary Henry M. Paulson, Jr. will travel to Tanzania, South Africa, and Ghana to attend the meeting of G-20 Finance Ministers and Central Bank Governors and discuss the positive economic changes taking place on the continent with government and business leaders. Africa is experiencing its highest rates of growth and lowest levels of inflation in 30 years, prompting increasing investor interest in the continent. Secretary Paulson will use his trip to discuss the underpinnings of Africa's recent growth and explore ways in which the international financial community can further support Africa's development. Additionally, Secretary Paulson will be highlighting the importance of conservation efforts in Africa and the complementary role they play with economic growth. The Secretary will depart on Nov. 13 and arrive in Arusha, Tanzania on Nov. 14. On Nov. 15 he will co-host with Tanzanian Finance Minister Zakia Meghji a discussion on regional financial integration with the other finance ministers of the East African Community. While in Arusha he will also visit an innovative land trust and tour a mosquito net factory. He will then travel to Cape Town, South Africa where he will deliver remarks on Nov. 16 at the U.S.-Africa Business Summit organized by the Corporate Council on Africa. He will also attend the meeting of G-20 Finance Ministers and Central Bank Governors in Kleinmond, South Africa on Nov. 17 and 18. On Nov. 19, Secretary Paulson will be in Ghana to meet with President John Kufuor and co-host with Ghanaian Finance Minister Kwadwo Baah-Wiredu a meeting with private-sector financial leaders on financial sector development in West Africa following a tour of the Ghana Stock Exchange. Later that day he will be joined by African Development Bank President Donald Kaberuka to discuss infrastructure investment during a tour of Akosombo Dam. The following events are open to the press: What Visit Manyara Ranch and Meet with Community Leaders When Thursday, November 15, 8:00 a.m. Local Time Where Manyara Ranch Arusha, Tanzania What Visit Lake Manyara Primary School When Thursday, November 15, 10:00 a.m. Local Time Where Lake Manyara Primary School Manyara Ranch Arusha, Tanzania http://www.treas.gov/press/releases/hp682.htmI2/3/2007 hp~682: - Update Three - Treasury Secretary Paulson Travels to Africa Page 2 of3 What Tour A to Z Mosquito Net Factory When Thursday, November 15, 12:00 p.m. Local Time Where Unga Limited Industrial Area Arusha, Tanzania *** What Joint Press Availability with Tanzanian Finance Minister Meghji When Thursday, November 15, 2: 15 p.m. Local Time Where Arusha Coffee Lodge Arusha. Tanzania What Signing Ceremony for USAID Financial Support for South African Small Businesses When Friday, November 16, 2:30 p.m. Local Time Where Commodore Hotel Portswood Road Portswood Square V&A Waterfront Cape Town, South Africa *** WHAT Remarks to Corporate Council on Africa's U.S.-Africa Business Summit When Friday, November 16, 8:00 p.m. Local Time Where Cape Town Convention Center Convention Square 1 Lower Long Street Cape Town, South Africa *** What Tour of Thandi Wines When Sunday, November 18.1215 p.m. Local Time Where R310, Lynedoch Stellenbosch, South Africa What Tour of Ghana Stock Exchange Trading Floor and Ring Opening Bell When Monday, November 19, 9:30 a.m. Local Time Where Cedi House Accra, Ghana Note Open to cameras only What Press Conference on OPIC Investment in Africa When http://WWW.treas.gov/press/releases/hp682.htm 12/312007 hp·682: - Update Three - Treasury Secretary Paulson Travels to Africa Page 3 of3 Monday, Novernber 19,11 :00 a.m. Local Time Where Cedi House, 1st Floor Accra, Ghana What Tour of Akosombo Dam When Monday, November 19, 1:45 p.m. Local Time Where Akosombo Dam Accra, Ghana What Press Availability When Monday, November 19,3:15 p.m. Local Time Where Volta Hotel Accra, Ghana - 30 - http://www.treas.gov/press/releases/hp682.htm 12/312007 Page 1 of 4 November 14, 2007 2007 -11-14-15-2-40-15672 U.S. International Reserve Position The Treasury Department today released U.s. reserve assets data for the latest week. As indicated in this table, U.s. reserve assets totaled $70,834 million as of the end of that week, compared to $69,725 million as of the end of the prior week. I. Official reserve assets and other foreign currency assets (approximate market value, in US millions) I II I IA. Official reserve assets (in US millions unless otherwise specified) IINovember 9, 2007 ! IIEuro IIYen I/Total II 11 14 ,374 II 11 70 ,834 11 11 ,508 11 25 ,882 lof which: issuer headquartered in reporting country but located abroad II II 110 I(b) total currency and deposits with: II 11 14 ,316 1(1) Foreign currency reserves (in convertible foreign currencies) I(a) Securities l(i) other national central banks, BIS and IMF II II Iii) banks headquartered in the reporting country lof which: located abroad I(iii) banks headquartered outside the reporting country II lof which: located in the reporting country II 1(2) IMF reserve position 11 4 ,442 1(3) SDRs 119,495 1(4) gold (including gold deposits and, if appropriate, gold swapped) 11 11 ,041 I--volume in millions of fine troy ounces 11 261 .499 1(5) other reserve assets (specify) 110 I--financial derivatives II I--Ioans to nonbank nonresidents II I--other II lB. Other foreign currency assets (specify) II --securities not included in official reserve assets JI --deposits not included in official reserve assets JI --loans not included in official reserve assets JI --financial derivatives not included in official reserve assets JI --gold not included in official reserve assets JI 1 --other II. Predetermined short-term net drains on foreign currency assets (nominal value) II II 11 5,658 11 19,974 II 110 II 11 0 II II I/o 110 II II " ~~[------------~II~_ _ _ _~I~I_ _ _ _~II~----~I~I----~II~- -_ _~II http://www.treas.gov/press/releases/200711141524015672.htm 12/3/2007 Page 2 of 4 I IIMaturity breakdown (residual maturity) II ITotal I [ 1. Foreign currency loans, securities, and deposits IUp to 1 month More than 1 and up to 3 months II II ! 1/ II I II 1\ II 1\ I I I--ou tflows (-) Ilprincipal I I--i nflows (+) IIlnterest IIprincipal I IIlnterest II I More than 3 months and up to 1 year II 1\ 2. Aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (including the forward leg of currency swaps) I I (a) Short positions ( - ) 1\ 1\ II (b) Long positions (+) II 1\ II 3. Other (specify) 1\ --outflows related to repos (-) II --inflows related to reverse repos (+) II II II II I II II II I --trade credit (-) II II I --trade credit (+) II II I --other accounts payable (-) II II I --other accounts receivable (+) II II III. Contingent short-term net drains on foreign currency assets (nominal value) I II I II I ITota I 11. Contingent liabilities in foreign currency III 1 I More than 3 months and up to 1 year More than 1 and up to 3 months Up to 1 month II II II II I II II I(b) Other contingent liabilities Ir. II II II Foreign· currency securities issued with embedded options (puttable bonds) II II II 13. Undrawn, unconditional credit lines provided by: I II II II II II II (a) other national monetary authorities, 815, IMF, and other international organizations I II II II II II II II (a) Collateral guarantees on debt falling due within 1 year I II 1\ Maturity breakdown (residual maturity, where applicable) l--other national monetary authorities (+) II II \--815 (+) II 1/ I--IMF (+) II I I I II II II II II headquartered outside the reporting country (+) II I II Undrawn, unconditional credit lines provided to: II (a) other national monetary authorities, 815, IMF, and other international organizations II I II I [--other national monetary authorities (-) II II I (b) with banks and other financial institutions headquartered in the reporting country (+) II(e} with banks and other financial institutions r http://www.treas.gov/press/releases/200711141524015672.htm II II II II II II I 12/3/2007 Page 3 of 4 I--BIS (-) II I--IMF (-) II (b) banks and other financial institutions headquartered in reporting country (- ) I I (c) banks and other financial institutions headquartered outside the reporting country ( - ) 4. Aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency II II II II 10) Bought puts II I(ii) Written calls II II II II II I(b) Long positions H 1 II I(a) Short positions I(i) Bought calls II II I II II I I II II II II I II II I I I II I II II II I II II II I II I II II I! II II 1/ 11 II II II 1(1) At current exchange rate l! II 1/ 1/ 1/ II I(b) Long position II II II II 1/ I(a) Short position 1/ II 1(2) + 5 % (depreciation of 5%) I II II II II I I(a) Short position II II II II I II II II II l(ii) Written puts IPRO MEMORIA: In-the-money options 11 I(b) Long position II 1(3) - 5 % (appreciation of 5%) [I II II I(a) Short position /I II II I(b) Long position II 1(4) + 10 % (depreciation of 10%) II II I(a) Short position II II I(b) Long position II II 1(5) - 10 % (appreciation of 10%) II II I(a) Short position II II II II 1(6) Other (specify) II II j(a) Short position II II II II II I(b) Long position I(b) Long position II I I I II I l! II II II II II II II II II II II II II I I I II I II I II II II II IV. Memo items I 1(1) To be reported with standard periodicity and timeliness: (a) short-term domestic currency debt indexed to the exchange rate (b) financial instruments denominated in foreign currency and settled by other means (e.g., in domestic currency) I--nondeliverable forwards II I II I 11 I 11 II ! I I --short positions I --long positions II I II I i--other instruments II I tic) pledged assets II I E-inCIUded in reserve assets II I 11 I --included in other foreign currency assets r http://www.treas.gov/press/releases/200711141524015672.htm II I 12/3/2007 Page 4 of 4 I(d) securities lent and on repo --lent or repoed and included in Section I II I I I I --lent or repoed but not included in Section I --borrowed or acquired and included in Section I 1 II--borrowed or acquired but not included in Section I II(e) financial derivative assets (net, marked to market) I--forwards I II II I--futures I--swaps I--options I--other (f) derivatives (forward, futures, or options contracts) that have a residual maturity greater than one year, which are subject to margin calls. --aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (including the forward leg of currency swaps) I II 1I I(a) short positions ( - ) j(b) long positions (+) I--aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency I(a) short positions I(i) bought puts I(ii) written calls I(b) long positions " I(i) bought calls I II I(ii) written puts II 1(2) To be disclosed less frequently: II I(a) currency composition of reserves (by groups of currencies) 11 70 ,834 I--currencies in SDR basket 11 70 ,834 I--currencies not in SDR basket I--by individual currencies (optional) II II I \I I I I I Notes: 1/ Includes holdings of the Treasury's Exchange Stabilization Fund (ESF) and the Federal Reserve's System Open Market Account (SOMA), valued at current market exchange rates. Foreign currency holdings listed as securities reflect markedto-market values, and depOSits reflect carrying values. 2/ The items, "2. IMF Reserve Position" and "3. Special Drawing Rights (SDRs)," are based on data provided by the IMF and are valued in dollar terms at the official SDR/dollar exchange rate for the reporting date. The entries for the latest week reflect any necessary adjustments, including revaluation, by the U.s. Treasury to IMF data for the prior month end. 3/ Gold stock is valued monthly at $42.2222 per fine troy ounce. http://www.treas.gov/Qr~~s/r~I~aJ.~s/200711141524015672.htm 12/3/2007 Page 1 of 4 November 14, 2007 2007 -11-14-15-52-52-16338 U,S. International Reserve Position The Treasury Department today released U.S. reserve assets data for the latest week. As indicated in this table, U.s. reserve assets totaled $70,834 million as of the end of that week, compared to $69,725 million as of the end of the prior week, I. Official reserve assets and other foreign currency assets (approximate market value, in US millions) I I II I IA Official reserve assets (in US millions unless otherwise specified) IINovember 9, 2007 1(1) Foreign currency reserves (in convertible foreign currencies) IIEuro I(a) Securities II 11 14 ,374 lof which: issuer headquartered in reporting country but located abroad I liVen IITotal II 11 70 ,834 11 11 ,508 11 25 ,882 II II 11 0 I(b) total currency and deposits with: II II l(i) other national central banks, BIS and IMF 11 14 ,316 115,658 II 11 19,974 Iii) banks headquartered in the reporting country II II II II /I 11 0 I 11 0 II /10 11 0 lof which: located abroad I(iii) banks headquartered outside the reporting country lof which: located in the reporting country 1(2) IMF reserve position 11 4 ,442 1(3) SDRs 119,495 1(4) gold (including gold deposits and, if appropriate, gold swapped) 11 11 ,041 I--volume in millions of fine troy ounces 11 261 .499 1(5) other reserve assets (specify) 11 0 I--financial derivatives II I--Ioans to nonbank nonresidents I--other II I ! II II lB. Other foreign currency assets (specify) II--securities not included in official reserve assets --deposits not included in official reserve assets " --loans not included in official reserve assets --financial derivatives not included in official reserve assets --gold not included in official reserve assets I --other II II II I I I I I II. Predetermined short-term net drains on foreign currency assets (nominal value) [~[_ _ _ _ _ _ _ _ _ _~II~_ _ _ _~Il~__--~II~----~II~----~II~----~Il http: //www.treas.gov/press/releasesI2007111415525216338.htm 12/312007 Page 2 of 4 I I 11. Foreign currency loans, securities, and deposits I--outflows (-) IIPrincipal I I--inflows (+) Illnterest IIprincipal I IIlnterest II II Maturity breakdown (residual maturity) IITotal I II II 11 II II II II I 2. Aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (includinq the forward leg of currency swaps) More than 1 and up to 3 months Up to 1 month II II II II II II II I I I More than 3 months and up to 1 year II I II I I I I I I I I I I I I I I I I (a) Short positions ( - ) I (b) Long positions (+) I 3. Other (specify) I --outflows related to repos (-) II II --inflows related to reverse repos (+) --trade credit (-) --trade credit (+) " I II II II II --other accounts payable (-) ! --other accounts receivable (+) ! II II "II I "II" II I I III. Contingent short-term net drains on foreign currency assets (nominal value) [ II I II applicable) Total I I I I(b) Other contingent liabilities I 112. Foreign currency securities issued with embedded ILoptions (putlable bonds) II "I II /I I II II II II II II II II I I " "II "I II Undrawn, unconditional credit lines provided to: II II (a) other national monetary authorities, BIS, IMF, and other international organizations l[ II" II E-other national monetary authorities (+) t- BIS (+) E-IMF (+) (b) with banks and other financial institutions headquartered in the reporting country (+) (c) with banks and other financial institutions headquartered outside the reporting country (+) lather national monetary authorities (-) r I II (a) Collateral guarantees on debt falling due within 1 year (a) other national monetary authorities, BIS, IMF, and other international organizations More than 3 months and up to 1 year More than 1 and up to 3 months Up to 1 month 11. Contingent liabilities in foreign currency I~. Undrawn, unconditional credit lines provided by: I 1/ II II I Maturity breakdown (residual maturity, where 11 II II http://www.treas.g~~/pr~~s/releases/2007111415525216338.htm "II I II I I I II I I I I I I I I II I II I I I 12/3/2007 Page 3 of 4 I--SIS (-) I--IMF (-) (b) banks and other financial institutions headquartered In reporting country (- ) (c) banks and other financial institutions headquartered outside the reporting country ( - ) 4. Aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency hal Short positions II JI II II " II I II II II II 11 II l(i) Bought puts I(ii) Written calls /I " I(b) Long positions I(i) Sought calls II II " II" I II I II II I II 1/ I II II II I II /I II I II II II I II I /I II I(ii) Written puts IpRO MEMORIA: In-the-money options I 11 1(1) At current exchange rate I(a) Short position !l " " I I(a) Short position I(b) Long position II II II II /I I \I 1(3) - 5 % (appreciation of 5%) "/I II , II I II I II I I(a) Short position I I II I(b) Long position 1(4) +10 % (depreciation of 10%) I(a) Short position I(b) Long position 1(5) - 10 % (appreciation of 10%) I(a) Short position I II II II II II I(b) Long position 1(6) Other (specify) I(a) Short position "II II I(b) Long position IV. Memo items I II I(b) Long position 1(2) + 5 % (depreciation of 5%) I "II " I I /I I II I II I I I II 1/ I II II I I II II " " II " I I [ II I (1) To be reported with standard periodicity and timeliness: I I (a) short-term domestic currency debt indexed to the exchange rate I II~b) financial instruments denominated in foreign currency and settled by other means (e.g., in domestic currency) r--nondeliverable forwards [ --short positions I "II I I [ --long positions II [-other instruments II KC) pledged assets II [included in reserve assets II I I I --included in other foreign currency assets I http://WWw.treas.gov/press/releases/2007111415525216338.htm II I 12/312007 Page 4 of 4 I(d) seCUrities lent and on repo --lent or repoed and included in Section I --lent or repoed but not included in Section I II--borrowed or acquired and included in Section I II I II I II 1 11 --borrowed or acquired but not included in Section I 11 (e) financial derivative assets (net, marked to market) II I--forwards II I--futures I II II I--swaps I--options II I--other IW) derivatives (forward, futures, or options contracts) that have a residual maturity greater than one year, which are subject to margin calls. --aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (including the forward leg of currency swaps) I III hal short positions ( - ) hb) long positions (+) I--aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency II II I(a) short positions l(i) bought puts I(ii) written calls I II I(b) long positions II l(i) bought calls II I(ii) written puts II 1(2) To be disclosed less frequently: II I(a) currency composition of reserves (by groups of currencies) 11 70 ,834 [--currencies in SDR basket 11 70 ,834 I--currencies not in SDR basket II I--by individual currencies (optional) II I II I Notes: 1/ Includes holdings of the Treasury's Exchange Stabilization Fund (ESF) and the Federal Reserve's System Open Market Account (SOMA), valued at current market exchange rates. Foreign currency holdings listed as securities reflect markedto-market values, and deposits reflect carrying values. 2/ The items, "2. IMF Reserve Position" and "3. Special Drawing Rights (SDRs)/' are based on data provided by the IMF and are valued in dollar terms at the official SDR/dollar exchange rate for the reporting date. The entries for the latest week reflect any necessary adjustments, including revaluation, by the U.S. Treasury to IMF data for the prior month end. 3/ Gold stock is valued monthly at $42.2222 per fine troy ounce. http://www.treas.go v/press/releases/2007111415525216338.htm 12/312007 hp683: Treasury Targets Charity Covertly Supporting Violence in Sri Lanka Page 1 of2 November 15, 2007 hp683 Treasury Targets Charity Covertly Supporting Violence in Sri Lanka Washington - The U.S. Department of the Treasury today targeted the support network of the designated terrorist group Liberation Tigers of Tamil Eelam (L TTE) by designating a charitable organization that acts as a front to facilitate fundraising and procurement for the L TTE. Tamils Rehabilitation Organisation (TRO) was designated today under Executive Order 13224, which is aimed at financially isolating terrorist groups and their support networks. "TRO passed off its operations as charitable, when in fact it was raising money for a designated terrorist group responsible for heinous acts of terrorism," said Adam J. Szubin, Director of the Treasury's Office of Foreign Assets Control (OFAC). The L TTE is a terrorist group that has waged a violent secessionist campaign for over two decades to secure a separate state for Tamil-majority regions in Sri Lanka's North and East. The conflict between the L TTE and Sri Lankan military forces has claimed over 60,000 lives and displaced hundreds of thousands of Sri Lankan citizens. In the United States, TRO has raised funds on behalf of the L TTE through a network of individual representatives. According to sources within the organization, TRO is the preferred conduit of funds from the United States to the LTTE in Sri Lanka. TRO also has facilitated L TTE procurement operations in the United States. Those operations included the purchase of munitions, equipment, communication devices, and other technology for the LTTE. TRO's efforts worldwide reportedly have allowed the LTTE to use humanitarian aid, which TRO collected from the international community after the December 2004 tsunami, to launch new campaigns to strengthen LTTE military capacity. According to its website, TRO maintains a headquarters office in Kilinochchi, Sri Lanka and operates branch offices throughout Sri Lanka and in seventeen countries worldwide, including the United States, Australia, Belgium, Canada, Denmark, Finland, France, Germany, Italy, Malaysia, the Netherlands, New Zealand, Norway, South Africa, Sweden, Switzerland, and the United Kingdom. The L TTE oversees the activities of TRO and other LTTE-linked non-governmental organizations (NGOs) in Sri Lanka and abroad. Directives issued by the L TTE suggest that L TTE-affiliated branch representatives are expected to coordinate their efforts with the respective TRO representatives in their locations and report all activity to the L TTE. Recent information indicates that the LTTE has ordered international NGOs operating in its territory to provide all project funding through local NGOs, which are managed collectively by TRO, This arrangement allows TRO to withdraw money from the local NGO accounts and to provide a portion of the relief funds to the L TTE The L TTE has reportedly exerted pressure to comply on a few international NGOs that have resisted these arrangements, The U.S. Department of State deSignated the LTTE a Foreign Terrorist Organization (FTO) on October 8,1997, in accordance with Section 219 of the Immigration and Nationality Act, as amended, On November 2,2001. the U.S. Department of State named the LTTE a Specially Designated Global Terrorist (SDGT) under E.O. 13224. Additionally, the LTTE IS listed as a terrorist http://www.treas.gov/press/releases/hp683.htm 12/312007 hp683: Treasury Targets Charity Covertly Supporting Violence in Sri Lanka Page 2 of2 organization by the European Union and Canada. The Treasury Department is taking this action today pursuant to Executive Order 13224, which freezes any assets the designees may have under U.S. jurisdiction and prohibits U.S. persons from transacting with the designees. The United States continues to support a just, negotiated political settlement to the conflict in Sri Lanka that meets the aspirations of all communities, including Sri Lanka's Tamils. The U.S. will continue to vigorously support efforts to stop human rights violations against Tamils, including abductions and threats against Tamil journalists. Identifier information for Tamils Rehabilitation Organisation, including AKAs and address information for its branches worldwide, can be found at the following link: http://www.treasury.gov/offices/enforcement/ofac/actions/index.shtml. -30- http://www.treas.go v /press/releases/hp683.htm 12/312007 HP-684: Treasury Under Secretary to Participate <br>in Minnesota Townhall Forum on Mortgage Fina... Page 1 of 1 November 15, 2007 HP-684 Treasury Under Secretary to Participate in Minnesota Townhall Forum on Mortgage Financing U.S. Treasury Under Secretary for Domestic Finance Robert K. Steel will attend a townhall forum hosted by Senator Norm Coleman in Minneapolis, Minn., on Monday, Nov. 19. The Under Secretary will hear firsthand from affected homeowners and discuss a new outreach effort by HOPE NOW, a national alliance of leading counselors, services, and investors working together to educate more homeowners about their mortgage options. Under Secretary Steel's visit is part of Treasury's broader initiative to help struggling homeowners. U.S. Treasurer Anna Escobedo Cabral has been traveling to some of the hardest hit regions around the country to help homeowners understand their options. Secretary Paulson and U.S. Housing and Urban Development Secretary Alfonso Jackson encouraged the creation of HOPE NOW last month and have been working closely with the alliance to help them reach more homeowners. For more information on Treasury's mortgage financing efforts, please visit Ilttp.·/vvww IrCdS cJu·J. t(JfiIC:-'lllllilllCl;jl-lildl':",'ls . The following event is open to credentialed media: Who U. S. Treasury Under Secretary for Domestic Finance Robert K. Steel What Townhall Forum on Mortgage Financing When Monday, November 19, 2:30 p.m. (CST) Where Greater Twin Cities United Way 404 South Eighth Street Minneapolis, Minn. http://WWw.treas.gov/press/releases/hp684.htm 12/3/2007 u.s. TREASURY DEPARTMENT OFFICE OF PUBLIC AFFAIRS EMBARGOED UNTIL 9 AM (EST), November 16, CONTACT Ann Marie Hauser, (202) 622-2960 2007 Treasury International Capital Data for September Treasury International Capital (TIC) data for September are released today and posted on the U.S. Treasury web site (www.treas.gov/tic).Thenextrelease.whichwillreportondataforOctober.is scheduled for December 17,2007. Net foreign purchases of long-term securities were $26.4 billion. • Net foreign purchases oflong-term U.s. securities were $55.4 billion. Of this, net purchases by foreign official institutions were $28.5 billion, and net purchases by private foreign investors were $26.8 billion. • U.S. residents purchased a net $29.0 billion oflong-term foreign securities. Net foreign acquisition of long-term securities, taking into account adjustments, is estimated to have been $5.8 billion. Foreign holdiJ;1gs of dollar-denominated short-term U.S. securities, including Treasury bills, and other custody liabilities increased $3.8 billion. Foreign holdings of Treasury bills decreased $10.3 billion. Banks' own net dollar-denominated liabilities to foreign residents decreased $24.3 billion. Monthly net TIC flows were minus $14.7 billion. Of this, net foreign private flows were negative $27.8 billion, and net foreign official flows were positive $13.1 billion. TIC Monthly Reports on Cross-Border Financial Flows (Billions of dollars not seasonally adjusted) 2005 2006 12 Months Through Sep-06 Sep-07 Jun-07 Jul-07 Aug-07 Sep-07 Foreigners' Acquisitions of Long-term Securities I 2 3 Gross Purchases of Domestic U.S. Securities Gross Sales of Domestic U.S. Securities Domestic Securities Purchased. net (line 1 less line 2) /I 17157.5 21186.9 16145.9 20021.0 1011.5 1165.9 19613.1 18470.0 1143.1 27538.7 26485.3 1053.3 2609.4 2487.7 121.7 2474.0 2449.0 25.0 33233 3359.4 -36.1 2332.7 2277.3 55.4 26.8 11.6 4 5 6 7 8 Private, net 12 Treasury Bonds & Notes, net Gov't Agency Bonds, net Corporale Bonds, net Equities, net 891.1 269.4 1876 353.1 81.0 967.0 135.4 201.4 485.5 144.6 969.6 164.6 2072 4548 143.\ 877.0 192.0 129.2 406.8 149.0 93.9 18.2 23.6 24.8 27.2 20.6 -2.4 3.4 18.4 -11.8 26.9 4.3 -3.9 ·39.1 9 10 1\ Ofl1cial, net !3 Treasury Bonds & Notes, net Gov't Agency Bonds, net Corporate Bonds, net Equities, net 120.4 68.7 31.6 19.1 1.0 199.0 7\.8 926 28.5 6.0 173.5 60.8 77. \ 26.4 9.1 176.4 15.7 123.6 38.0 ·1.0 27.8 6.4 16.0 3.7 1.7 4.4 ·6.9 7.5 1.0 2.8 -24.2 -29.7 4.1 3.0 -1.6 28.5 \4.6 9.2 4.6 0.1 3700.0 3872.4 ·172.4 5527.1 5778.9 -251.8 5056.0 5249.6 -193.6 7648.0 7972.3 -324.3 730.5 752.2 -21.8 759.3 764.9 ·5.5 823.8 858.3 -34.5 555.2 584.2 -29.0 ·45.1 ·127.3 ·144.1 ·107.7 -96.4 ·97.2 -170.7 ·153.6 ·8.2 ·13.5 0.9 ·6.4 -21.7 -12.9 -19.7 -9.2 839.1 914.2 949.5 729.1 99.9 19.5 -70.6 26.4 -143.0 -169.9 -156.8 -198.9 -15.4 -22.2 -16.1 ·20.6 696.2 744.2 792.7 530.1 84.4 -2.7 -86.7 5.8 -47.6 -58.9 -15.6 ·43.3 146.2 -9.0 16.1 ·25.0 124.0 -12.3 3.7 ·16.0 140.0 13.9 15.2 -1.3 -15.8 -17.9 ·6.1 ·11.8 55.9 18.6 3.3 15.3 33.9 21.0 17.2 3.8 3.8 -10.3 -8.5 -1.8 11.4 10.6 0.8 155.1 174.9 -19.8 136.3 143.7 ·7.4 126.1 95.0 31.1 2.1 ·2.5 4.6 37.4 36.4 1.0 12.8 -14.6 27.4 14.1 5.2 8.9 16.4 183.7 259.7 -101.7 -25.0 30.3 -97.8 -24.3 665.0 1074.1 1176.4 568.S 43.6 83.5 -150.7 -14.7 578.0 87.0 931.4 142.7 1027.9 148.5 374.8 193.7 11.7 32.0 45.3 38.2 -129.6 ·21.1 ·27.8 13.1 12 i3 14 15 16 17 18 Gross Purchases of Foreign Securities from U.S. Residents Gross Sales of Foreign Securities to U.S. Residents Foreign Securities Purchased, net (line 14 less line 15) /4 Foreign Bonds Purchased, net Foreign Equities Purchased, net 19 Net Long-Term Securities Transactions (line 3 plus line 16): 20 Other Acquisitions of Long-term Securities, net 15 21 22 Net Foreign Acquisition of Long-Term Securities (lines 19 and 20): 27 28 Increase in Foreign Holdings of Dollar-denominated Short-term U.S. Securities and Other Custody Liabilities: /6 V.S. Treasury Bills Private, net Official, net Other Negotiable Instruments and Selected Other Liabilities: 17 Private, net Official, net 29 Change in Banks' Own Net Dollar-Denominated Liabilities 23 24 25 26 30 Monthly Net TIC Flows (lines 21,22,29) 18 of which 31 Private, net 32 Official, net /I 12 13 14 /5 /6 17 /8 1.2 Net foreign purchases of U.S. securities (+) Includes international and regional organizations The reported division of net purchases of long-term securities between net purchases by foreign official institutions and net purchases of other foreign investors is subject to a "transaction bias" described in Frequently Asked Questions 7 and I O.a.4 on the TIC web site. Net transactions in foreign securities by U.S. residents. Foreign purchases of foreign securities = U.S. sales of foreign securities to foreigners. Thus negative entries indicate net U.S. purchases of foreign securities, or an outtlow of capital from the United States; positive entries indicate net U.S. sales of foreign securities. Minus estimated unrecorded principal repayments to foreigners on domestic corporate and agency asset· backed securities + estimated foreign acquisitions of U.S. equity through stock swaps· estimated U.S. acquisitions of foreign equity through stock swaps + increase in nonmarketable Treasury Bonds and Notes Issued to Official Institutions and Other Residents of Foreign Countries. These are primarily data on monthly changes in banks' and broker/dealers' custody liabilities. Data on custody c1alms are collected quarterly and published in the Treasury Bulletin and the TIC web site. "Selected Other Liabilities" are primarily the foreign liabilities of U.S. customers that are managed by U.S. banks or broker/dealers. TIC data cover most components of international financial tlows, but do not include data on direct investment tlows, which are collected and published by the Department of Commerce's Bureau of Economic Analysis. In addiuon to the monthly data summarized here, the TIC collects quarterly data on some banking and nonbanking assets and liabilities. Frequently Asked Question I on the TIC web site describes the scope of TIC data collection. -30- 2J 10.5 2.5 hp687: Remarks by Secretary Henry M. Paulson, Jr. before the U.S.-Africa Business Summit on the Re... Page 1 of 4 November 16, 2007 hp687 Remarks by Secretary Henry M. Paulson, Jr. before the U.S.-Africa Business Summit on the Remarkable Change and Progress in Africa's Economic Development Change and Progress in Africa's Economic Development Cape Town, South Africa--Good evening. Thank you, Dr. Sturchio, for the kind introduction, and thank you to the Corporate Council on Africa for the opportunity to speak to such a notable gathering of business, government and academic leaders. Africa is a unique continent: diverse in people and heritage, with some of the most spectacular geography and biodiversity on the planet. All too often, however, those who do not know Africa well associate the continent with issues like famine, conflict and disease. Tonight, I will talk about a much different Africa, one with which I suspect most of you are more familiar - a continent of diverse nations increasingly defined by economic opportunity and promise. Most importantly, I will talk about an Africa where leaders are taking control of their own economic futures and continuing to move beyond reliance on donors. Evidence of Progress - Growth and Investment On this visit to Africa, I have seen the economic advances ushered in by a new generation of leaders. Improved fiscal and monetary policies, combined with favorable global conditions and strong commodity prices, have had dramatic consequences across the continent: annual GOP growth has exceeded 5 percent for half a decade, inflation rates have dramatically declined, debt levels are more sustainable and the IMF projects that, this year, foreign exchange reserves will reach record levels. Yesterday, in Arusha, I met with the economic leaders of the East African Community - it was heartening to see the progress those countries have made since I last visited that part of the world in the early 1990s. Africa's macroeconomic statistics only tell part of the story: as a former business person I find what is happening on the ground also particularly illuminating. Africa's thriving telecommunications industry perhaps best illustrates the benefits of creating a sound environment for private investment. Africa is the fastest growing mobile phone market in the world. Over the last few years, the penetration level for mobile phone use has grown from almost zero to an average of over 20 percent - over 200 million new mobile phones. Driven by private sector investment, with reasonable government regulations, African and foreign telecom companies have created thousands of jobs at all levels - for engineers, salesmen, managers and customer care representatives. In many respects, increased foreign investment is the ultimate vote of confidence in Africa's economic future. And the votes are coming in. We see new private equity funds, with a focus on Africa, being raised. We see the stock of U.S. foreign direct investment in Africa growing by over 90 percent in the last few years. And we see this successful conference -- proof positive that the world sees these remarkable changes and wants to partiCipate as Africa takes its place in the global economy. In essence, investors see attractive direct, portfolio and equity investment opportunities all across the continent. These results demonstrate the immediate impact of good leadership. While a supportive international economic environment has helped, this progress comes because of sound macroeconomic policies, and a commitment to improving business climates. In my 30 years of financial market experience, this is the formula that I have seen work around the world for making rapid strides in poverty reduction. Yet, to ensure benefits for the long run, Africa's leaders and people must maintain a firm commitment to reform, combat corruption, respect human rights, adhere to the http://WWW.treas.goy/press/releases/hp687.htm 12/312007 hp687: Remarks by Secretary Henry M. Paulson, 1r. before the U.S.-Africa Business Summit on the Re... Page 2 of 4 rule of law and spread the benefits of economic growth to more of Africa's population. Inclusive growth is not easy As President Bush has observed "Real prosperity is the work of many years. It's hard work." ' United States Supports Reform Efforts The United States has long supported Africa. We have focused significant health assistance on those who are most needy, such as through the President's Malaria and HIV initiatives. Our economic assistance is increasingly directed towards supporting countries where economic policies reflect the lessons learned over the last 30 years. These lessons teach us the importance of market principles, of sound fiscal and monetary policies. transparency and the rule of law. Debt Relief/Liberia The U.S. Treasury led the charge for comprehensive debt relief; our efforts under HIPC and MDRI have resulted in over $60 billion in debt forgiven for the world's poorest nations. Recently, we played a key role in helping bring together over 80 countries to help support Liberia, another of Africa's economic reformers. Together with our G-8 partners and management at the international financial institutions, we have mobilized financing for full debt relief for Liberia's billions in arrears to the IMF and World Bank and almost closing the gap at .the African Development Bank, which we expect to be completed very soon. Millennium Challenge Account Through the Millennium Challenge Corporation the United States provides grant finance - so-called Compacts -- for development investments in countries with sound political, economic and social policies. The Compacts finance those investments prioritized by our African partners. Since 2004, MCC has approved $4 billion in grants to nine African countries. In Tanzania, President Kikwete and I discussed the positive impact the upcoming $698 million Compact will have on the country's infrastructure. Ghana - where I travel next - recently signed a $547 million Compact. I know that we could be doing more, particularly on the issue of Compact implementation, and as a board member of MCC I am committed to pushing for greater effectiveness. Technical Assistance I am also committed to helping train Africa's public finance professionals. Through our 19 resident advisors throughout Africa, Treasury's technical assistance program is helping develop local debt markets in Ghana, Nigeria, Zambia and East Africa, and is working in countries such as Guinea and Mauritius to create a more professional and transparent budgeting system. I am committed to expanding this program because it has proven to make a difference. Important Next Steps - Sustainable Natural Resource Policies, Financial Markets, Business Climate, and Free Trade U.S. support is only one component of Africa's growing economic promise; what really matters is African leadership. FoUr areas where African leadership is essential to accelerate and sustain development are natural resource policies, financial markets, business climates, and free trade. Sustainable Natural Resource Policies This is a vast continent - 48 countries, 2,000 languages and 750 million people. It has some of the most remarkable geographic and biological diversity on the planet. Natural resource issues are critical for Africa's future: they are an essential part of the continent's heritage and figure prominently in economic opportunities, but can often be the spark in regional conflicts. Throughout my career, I have maintained an ardent interest in the conservation of land and wildlife. Yesterday, I visited Manyara Ranch and saw an innovative example of how Africa can both preserve its heritage and create economic opportunities for its people. The ranch land is a critical migratory corridor for a broad range of species from nearby parks, and is also important for the cattle raising activities of the local Maasai tribes. The Africa Wildlife Foundation - with support from USAID - has set up a land trust that seeks to make the ranch commercially viable through tourism and beef sales, with a plan to use the proceeds to protect these valuable tribal http://www.treas.gov/press/releases/hp687.htm 12/312007 hp687: Remarks by Secretary Henry M. Paulson, Jr. before the U.S.-Africa Business Summit on the Re... Page 3 of 4 lands. The U.S.- sponsored Congo Basin Forest Partnership provides another model for fostering sound management practices and involving local communities so that conservation's benefits align with the perceived costs. The Partnership is a regional initiative which brings together the governments of the Congo Basin with non-regional partners such as the U.S, France and various NGOs. It fights illegal logging and poaching while Improving the livelihoods of those who depend on the forest. The Partnership has already trained thousands of students and professionals in forestry and resource management, strengthened local and national institutions devoted to national resource protection, and helped establish new national parks in the Congo Basin region. I know that some may believe that these initiatives are a luxury. But I know that natural resource protection is key to Africa's long-term, sustainable, and inclusive economic advancement. We all know that there are significant economic and political risks for mismanagement of natural resources. I believe that Africa can unlock real economic potential through careful management of its natural resources. Financial Markets A lifetime in financial markets leads me to make special mention of the importance of a sound financial system. and the critical role that it plays in allocating resources efficiently in a developing economy. Africa needs properly-regulated and wellfunctioning financial markets. This includes legal structures - with property rights, contract law and mechanisms to resolve disputes - that protect individuals, businesses and investors. Strong financial systems help everyone - from large multinationals to the farmers and the seamstresses that seek to build small businesses of their own. Reliable, solvent banking systems provide the tools for savings, investment and credit needed by entrepreneurs, families, small and large businesses. Research shows that a lack of access to finance - caused by weak technical capacity in the financial sector and inappropriate public sector policies - is one of the biggest constraints for private sector growth in Africa. Less than 20 percent of Africans have bank accounts - the lowest level in the world, and this is one of the reasons why President Bush announced the Africa Financial Sector Initiative last June. This initiative is expected to mobilize up to $1 billion in privately-managed investment funds to help spur job creation and economic growth, and provide technical assistance to address financial sector impediments. BUSiness Climate Reform A stronger financial sector needs to be combined with an improved business climate, so that businesses can be formed and take advantage of ready capital. Africa's government leaders, particularly in Ghana, Tanzania, Kenya and Mozambique have recognized that they need to enhance transparency, shorten the business start-up process, improve the rule of law, and strengthen property rights so that the private sector can do what it does best - start businesses, create job~, and sustain and accelerate growth. In 2006, Kenya launched an ambitious program to eliminate and simplify hundreds of business start-up license requirements. Similar changes in Tanzania reduced the cost of business registration by 40 percent over the last two years. In many respects, it is simple - cutting the costs of doing business allows for greater competition, and greater competition is vital for improving productivity, fostering innovation, and generating jobs. Free Trade It is the concept of competition that led South Africa's Finance Minister Trevor Manuel to recently talk about the importance of pushing for greater trade liberalization. Trevor is right. Trade liberalization should not be feared - it should be embraced. It is a development strategy that has worked for countries as diverse as Singapore, Chile. Ireland and Mauritius And it is a strategy that can work for other countries in Africa. That is why I am such a believer In the power of Doha. The United States stands ready to negotiate off the texts that have been produced in Geneva. I think Africa can playa strong role by also negotiating to achieve an ambitious result. Conclusion http://www.treas.gov/press/releases/hp687.htm 12/312007 hp687: Remarks by Secretary Henry M. Paulson, Jr. before the U.S.-Africa Business Summit on the Re... Page 4 of 4 In the last 30 years, the world has experienced an unprecedented reduction in global poverty. China. a country I have come to know well, and India - where I was just last month - have both shown strong commitment to implementing sound economic policies, and to creating economic opportunities for their populations. As a result, hundreds of millions of their people have emerged from poverty and created businesses, acquired jobs, and enriched their lives in countless ways. In Africa - just as in China, India, and other places in the world - reforms, once started. have to be completed in order to realize their full benefits. It is heartening to see that African leaders are showing a strong commitment to the difficult work of reform. Results do speak for themselves. We all know Africa is rich in talent. resources and tradition. All it takes is good leadership to unlock this potential. Thank you. -30- http;llwww.treas.gov/press/releases/hp687.htm 12/312007 HP-688: Statement by U.S. Treasury Secretary Henry M. Paulson, Jr. at the G-20 Page 1 of2 November 18, 2007 HP-688 Statement by U.S. Treasury Secretary Henry M. Paulson, Jr. at the G-20 Kleinmond, South Africa -- U.S. Treasury Secretary Henry M. Paulson, Jr. issued the following statement during the G-20 meeting of Finance Ministers and Central Bank Governors in Kleinmond, South Africa. My career in the financial sector has allowed me to witness the emergence and growing relevance of new participants in international financial markets. Indeed, the resilience of many dynamic emerging markets in the face of the current global financial market turmoil is testimony to the sound economic stewardship in these countries and the importance of the G-20 as a forum for contributing to the management of the international financial system. I was pleased to have the opportunity to meet bilaterally with many colleagues. When we discussed the turmoil in the capital markets, I explained that we are going through a period of reassessing risk and that will take time and we will experience volatility along the way. In discussions on the decline in the U.S. housing market I noted it is still unfolding and I view it as the most significant current risk to our economy. Even so, I believe we have a healthy, diversified economy that will continue to grow. As I've noted before, we are taking a two-pronged approach to dealing with the capital markets turmoil and the housing downturn in the U.S. In the short term, we are working to avoid preventable foreclosures and promote orderly markets. We are also focused on policy issues such as transparency, risk management, the accounting and valuation of complex products and the role of rating agencies so we can avoid a recurrence of these events in the future. We took note of the ongoing work of the Financial Stability Forum (FSF) on these topics, which are of great relevance to the G-20. We also agreed to establish a G-20 Study Group to further our understanding of the lessons from the latest credit market turmoil, and this should help supplement the FSF's work. A major focus of this weekend has been reform of the International Financial Institutions. The G-20 is uniquely situated to constructively address this issue; its member countries make up 85 percent of global GOP and emerging markets have a growing and important role in this group. At both the World Bank and the International Monetary Fund we have strong leaders who have put forward compelling agendas and who now have an opportunity, with support from the member countries, to energize reform efforts and make good progress. I urged my G-20 counterparts to join the U.S. in showing greater leadership on the Doha talks, and underscored the equal importance of results in agriculture, nonagriculture market access, and services - including financial services. Reducing tariff and other trade and investment barriers and maintaining open markets is critical to ensuring that the benefits of trade are shared broadly and success on Doha is the single most effective thing we can do to raise living standards around the world. The United States is committed to working with our global trading partners and is ready to negotiate off the texts that have been produced in Geneva to ensure a successful Doha Round. We spoke about commodity market dynamics, managing commodity-led booms and busts, hedging strategies, and non-renewable resource funds. Non-renewable resource funds are one type of sovereign wealth fund. The U.S. is committed to open investment. Sovereign wealth funds should be able to invest globally, but it is inevitable that when large, government-run, opaque funds are investing around the globe, questions will arise. To address thiS we believe a considered, multilateral approach to sovereign wealth funds that maintains openness is in the best interest http://WWw.treas.go v/press/releases/hp688.htm 12/312007 HP-688: Statement by U.S. 1 reasury Secretary Henry M. Paulson, Jr. at the G-20 Page 2 of2 of both countries that have these funds and countries in which the funds invest. We have had good support for our proposal that the IMF develop best practices for sovereign wealth funds. Work is also progressing in the OECD to develop best practices for countries that receive foreign government-controlled investment. Recipient countries have a responsibility to maintain openness We must continue to stand against threats to the global financial system, including the financing of terrorism and proliferation, money laundering and other forms of illicit finance. Continued cooperation among the IMF, World Bank, and the Financial Action Task Force (FATF) to promote strong international standards is essential to this effort. In particular, we recognize the recent warning by the FATF about the risks posed by Iran to the international financial system and calion all countries to take appropriate action to mitigate those risks. Leaders in the G-20 have a responsibility to prevent Iran, and illicit actors more generally, from misusing the financial system to support their threatening conduct. Finally, I would like to congratulate and thank South Africa for its outstanding leadership as chair of the G-20 for 2007. The United States was much honored to have contributed by hosting one of the three workshops, on commodity cycles and financial stability, in May at the Treasury in Washington. We look forward to working closely with Brazil as it takes the G-20 chair in 2008. - 30 - http://www.treas.go v/press/releases/hp688.htm 12/312007 hp689: Under Secretary for Domestic Finance Robert K. Steel Remarks at Senator Norm Coleman's H... Page 1 of 3 November 19, 2007 hp689 Under Secretary for Domestic Finance Robert K. Steel Remarks at Senator Norm Coleman's Housing Townhall Forum Minneapolis, Minn- I appreciate the invitation to be here today. It has been a privilege working with Senator Coleman in Washington. He has been highly focused on these mortgage issues and is working hard to help keep Minnesota homeowners in their homes. I commend him for holding this townhall forum today. Our discussion will give us a chance to learn together how we can better assist affected homeowners. As you know, we are experiencing a period of adjustment in the housing and mortgage markets. Fortunately, this market stress is occurring against a backdrop of healthy US. fundamentals and a strong global economy. Yet, as Secretary Paulson has said, the housing decline is the most significant current risk to our economy. A significant number of homeowners will be affected by challenges in the housing market and many could face foreclosure. These are complex issues and we must look beyond the headline numbers when thinking about this challenge. Each year, thousands of homes end up in foreclosure, even when housing markets are strong. Between 2001 and 2005 more than 650,000 homeowners began the foreclosure process each year. Falling house prices, lax underwriting standards, and resetting mortgages have caused the foreclosure rate to rise above its natural rate. And we expect the rate to remain elevated over the course of the next 18 months. About 2 million subprime mortgages will reset in the next year and a half, but not all of these mortgages will end in foreclosure. Some homeowners will be able to afford their new payments without trouble and many others will qualify for a refinanced, fixed-rate mortgage on their own. Other homeowners, however, have stretched too far beyond their means or have made bets on the housing market, buying up multiple houses expecting to make a profit. Unfortunately, for many of these borrowers, foreclosure is inevitable. And let me be clear - we have no interest in bailing out speculators. Our concern is for the Americans who are struggling to make payments on their primary residence. Our challenge in Washington has been to work With the private sector to identify the group of homeowners who, with a bit of assistance, can stay in their homes. Treasury and the Department of Housing and Urban Development have encouraged mortgage serVlcers, lenders, investors and counselors to work together to reach as many struggling borrowers as possible. Last month they announced the formation of an alliance called HOPE NOW and just two weeks ago unveiled a new direct mail campaign to help homeowners more effectively. Today is an important day in this public-private outreach effort. Starting today, HOPE NOW will send more than 300,000 letters by the end of this month alone to struggling homeowners who could be in a position to move into a more affordable mortgage. That is 100,000 more homeowners than they initially expected to reach this month. And they will continue reaching out to more borrowers over the next several months. http://www.treas.gov/press/releases/hp689.htm 12/312007 bp689: Under Secretary for Domestic Finance Robert K. Steel Remarks at Senator Norm Coleman's H... Page 2 of 3 We expect this new letter campaign, which will come from the HOPE NOW Alliance rather than from mortgage servicers, to increase their effectiveness reaching at-risk borrowers. The method and technique of contacting borrowers is quite important Many borrowers mistakenly believe that the lenders' or servicers' goal is to repossess their homes .'n foreclosure. While many lenders and servicers are working hard on their own trYing to help homeowners, they are not having as much success as they or we would like. Servlcers have reported limited success reaching at-risk customers, but Independent counselors have reported a significantly higher success rate. This letter will come from an alliance with the sole purpose of helping more homeowners keep their homes, encouraging at-risk borrowers to contact their servicer or the hotline, 888-995-HOPE, for help. Let me take a minute to emphasize the importance of these letters. If you or someone you know receives a letter from HOPE NOW, please take notice. It is OK to reach out for help. This Alliance is ready to lend a hand and the U.S. government endorses their efforts. It is in no one's interest to see a home go into foreclosure. To date HOPE NOW consists of four counseling organizations; 20 mortgage servicers and lenders, comprising 65 percent of the U.S. market for mortgage servicing and 76 percent of the subprime servicing market; three Investor groups, including the American Securitization Forum, which represents over 370 members; and 10 trade associations. The earlier we identify struggling borrowers, the more likely servicers and lenders will be able to modify or refinance into a more sustainable mortgage. If we wait until borrowers miss several payments, their credit profiles will be tarnished and they will have far fewer refinancing options. The Alliance is developing standard performance measures to identify categories of borrowers who can be helped, determine successful treatments, and measure the rate of successful outcomes. Additionally, servicers and counselors who join the Alliance agree to adopt a standard process that will strengthen and speed work flow, productivity, and communications between them. All of these steps ultimately help to maximize the number of homeowners they reach. HOPE NOW's efforts are critical to reaching more homeowners, but President Bush has also directed the Administration to pursue other methods of assisting homeowners. Many of these initiatives require the assistance of Senator Coleman'S colleagues in Congress. For instance, the President has asked Congress to eliminate taxes temporarily on mortgage debt forgiven on a primary residence. The Administration has also requested that Congress pass Federal Housing Administration (FHA) modernization to make affordable FHA loans more widely available Senator Coleman has supported all of these efforts and we are grateful. And finally, just as the lenders, servicers and counselors have come together to develop metrics and standards that will measure the most effective ways to make counseling accessible to troubled borrowers, we have encouraged them to come together in a similar way to develop an efficient methodology for offering mortgage solutions such as loan modifications when appropriate. Let me conclude by emphasizing one final point: Borrowers have a responsibility as well. Mortgage providers must offer clear, transparent and understandable information on the mortgage products they sell. And homebuyers have a responsibility to use that information and understand their mortgages. Buying a home today is a complex process, but that in no way excuses homebuyers from their obligation for due diligence Thank you. I look forward to our discussion http://ww w.treas.gov/press/releases/hp689.htm 12/312007 Page 1 of 4 November 19, 2007 2007 -11-19-17 -8-27 -22399 U,S. International Reserve Position The Treasury Department today released U,S. reserve assets data for the latest week. As indicated in this table, U.s. reserve assets totaled $70,747 million as of the end of that week, compared to $70,834 million as of the end of the prior week. I. Official reserve assets and other foreign currency assets (approximate market value, in US millions) I I IA. Official reserve assets (in US millions unless otherwise specified) II IINovember 16, 2007 liVen IITotal 11 70 ,747 11 14 ,375 II 11 11 ,499 lof which: issuer headquartered in reporting country but located abroad II II 11 0 I(b) total currency and deposits with: I(i) other national central banks, BIS and IMF II 11 14 ,315 II 11 5 ,650 II 11 19 ,965 Iii) banks headquartered in the reporting country II II 11 0 lof which: located abroad II II I(iii) banks headquartered outside the reporting country II lof which: located in the reporting country II II 110 11 0 II 11 0 1(2) IMF reserve position 11 4 ,420 1(3) SDRs 1(4) gold (including gold deposits and, if appropriate, gold swapped) 11 9 ,477 11 11 ,041 I--volume in millions of fine troy ounces 11 261 .499 1(5) other reserve assets (specify) 11 0 IIEuro 1(1) Foreign currency reserves (in convertible foreign currencies) II I(a) Securities 11 2 5,874 I I-~financial derivatives I-~Ioans to nonbank nonresidents II I--other II IS. Other foreign currency assets (specify) II [--securities not included in official reserve assets II [--deposits not included in official reserve assets II [--loans not included in official reserve assets II [--financial derivatives not included in official reserve assets II I I--gold not included in official reserve assets II I --other II I II II II I II. Predetermined short-term net drains on foreign currency assets (nominal value) It[~__________~I~I_ _ _ _~I[~_ _ _ _~I~I_ _ _ _~II~____~ILI_ _ _ _~II http://WWw.treas.gov!press/releases/200711191782722399.htm 12/312007 Page 2 of 4 I II I IITota, IUp to 1 month I ]1 I--outflows (-) Ilprincipal 1/ ]1 I I--inflows (+) IIlnterest II II IIPrincipal II IIlnterest I II I 1. Foreign currency loans, securities, and deposits 2. Aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (including the forward le..9. of currency swaps) I (a) Short positions ( - ) II II II II --trade credit (-) --trade credit (+) I --other accounts payable (-) I --other accounts receivable (+) I II II I I 1/ I I II II I II II I II II 3. Other (specify) --inflows related to reverse repos (+) More than 3 months and up to 1 year More than 1 and up to 3 months (b) Long positions (+) --outflows related to repos (-) I JIMaturity breakdown (residual maturity) I II II II II II I II I II II II II II II II II II II II I I I III. Contingent short-term net drains on foreign currency assets (nominal value) I II I II I 11. Contingent liabilities in foreign currency (a) Collateral guarantees on debt falling due within 1 year IITotal II I(b) Other contingent liabilities options (puttable bonds) I! 13. Undrawn, unconditional credit lines provided by: II II I--other national monetary authorities (+) II I--BIS (+) II II I--IMF (+) (b) with banks and other financial institutions headquartered in the reporting country (+) (c) with banks and other financial institutions headquartered outside the reporting country (+) I~ndrawn, unconditional credit lines provided to: ii~a) other national monetary authorities, SIS, IMF, and other international organizations I--other national monetary authorities (-) I II II Maturity breakdown (residual maturity, where applicable) I Up JI JI II JI II II http://www.treas.gQy/press/releases/200711191782722399.htm I I More than 3 months and up to 1 year More than 1 and up to 3 months to 1 month II II II I II I II I II I II I I II 1~2. Foreign currency securities issued with embedded (a) other national monetary authorities, SIS, IMF, and other international organizations II I II I II II II II II II II II II II II II \I II II II II I II II II II I II I II II II I 12/312007 Page 3 of 4 I--BIS (-) II l--IMF (-) I[ (b) banks and other financial institutions headquartered In reporting cou ntry (- ) 1/ (c) banks and other financial institutions headquartered outside the reporting country ( - ) 4. Aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency I(a) Short positions ITi) Bought puts I(ii) Written calls II II II II II Bb) Long positions II I(i) Bought calls II II I(ii) Written puts IpRO MEMORIA: In-the-money options I I II 1(1) At current exchange rate 1/ I(a) Short position II I(b) Long position II II 1(2) + 5 % (depreciation of 5%) )1 II II II II II II II II II II II II II II II 11 II II II " II " II II II II II II" \I I II II I I I I ! I I ! II II II II 11 II I I I II II I II II II II II 1(3) - 5 % (appreciation of 5%) II II II I(a) Short position II II II II II j(a) Short position II II II I(b) Long position II II II 1(5) -10 % (appreciation of 10%) II II II II II I(a) Short position II I(b) Long position II 11 II 1(6) Other (specify) II II I(a) Short position II II I(b) Long position II II 1(4) +10 % (depreciation of 10%) II "II I(b) Long position II I II I(a) Short position \(b) Long position " II II I II II II I II II II II II I II II II II II IV. Memo items I j(1) To be reported with standard periodicity and timeliness: II II ha) short-term domestic currency debt indexed to the exchange rate II Wb) financial instruments denominated in foreign currency and settled by other means (e.g., in domestic I! currency) I I I I I--nondeliverable forwards II I --short positions 1 --long positions II I II I I--other instruments II I I(C) pledged assets II I I--included in reserve assets II I I I --included in other foreign currency assets r http://www.treas.gQY!Qtes;;/releases/200711191782722399.htm II I I 12/312007 Page 4 of 4 I(d) seCUritIes lent and on repo II Ir--Ient or repoed and included in Section I I I--Ient or repoed but not included in Section I II II--borrowed or acquired and included in Section I I "--borrowed or acquired but not included in Section I I(e) financial derivative assets (net, marked to market) I--forwards I I--futures I--swaps /I I--options II I--other I (f) derivatives (forward, futures, or options contracts) that have a residual maturity greater than one year, which are subject to margin calls. --aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (including the forward leg of currency swaps) I(a) short positions ( - ) II I(b} long positions (+) I--aggregate short and long positions of options In foreign currencies vis-a-vis the domestic currency II II II II II II II I(a) short positions I(i) bought puts I(ii} written calls I(b) long positions l(i) bought calls I(ii) written puts 1(2) To be disclosed less frequently: II I(a) currency composition of reserves (by groups of currencies) 11 70 ,747 I--currencies in SDR basket 11 70 ,747 I--currencies not II In SDR basket I--by individual currencies (optional) II I II Notes: 1/ Includes holdings of the Treasury's Exchange Stabilization Fund (ESF) and the Federal Reserve's System Open Market Account (SOMA), valued at current market exchange rates. Foreign currency holdings listed as securities reflect markedto-market values, and deposits reflect carrying values. 2/ The items, "2. IMF Reserve Position" and "3. Special Drawing Rights (SDRs)," are based on data provided by the IMF and are valued in dollar terms at the official SDR/dollar exchange rate for the reporting date. The entries for the latest week reflect any necessary adjustments, including revaluation, by the U.S. Treasury to IMF data for the prior month end. 3/ Gold stock is valued monthly at $42.2222 per fine troy ounce. http://WWW.treas.g(LYLpresslr~1~~~s/200711191782722399.htm 12/3/2007 HP·691: Secretary Paulson Statement on the Retirement of FMS Commissioner Kenneth R. Papaj Page 1 of 1 November 20, 2007 HP-691 Secretary Paulson Statement on the Retirement of FMS Commissioner Kenneth R. Papaj Washington- Treasury Secretary Henry M. Paulson, Jr. issued the following statement today upon the retirement of Financial Management Service Commissioner Kenneth R. Papaj. effective January 4, 2008: "Ken Papaj's 34 years at the Treasury Department have been dedicated to improving government-wide financial management. Ken demonstrated outstanding leadership and Judgment as FMS Commissioner. "In key executive positions over the last 20 years, he has been instrumental in modernizing federal disbursements, revenue collections, central accounting, debt collection, and the regulation of government securities. He has been a highly respected leader in the financial management community. "I commend his recent efforts to improve Treasury's relationship with Chief Financial Officers across the Government, for ensuring operational excellence throughout FMS, and for his genuine commitment to our strategic goal of the allelectronic Treasury. We will miss his vast knowledge of government fiscal operations. " Commissioner Papa} served as the FMS Commissioner since 2006. He was the FMS Deputy Commissioner from 1998 to 2006, and prior to that held senior executive positions at Treasury's Bureau of the Public Debt. He began his Federal career at the Bureau of Government Financial Operations, FMS's predecessor organization. FMS has primary responsibility for the Federal Government's payments and collections, annually processing more than one billion disbursements to more than 100 million people, processing over $3 trillion in Federal revenues, and collecting over $3.5 billion in delinquent debt. As manager of the Government's central accounting and financial reporting systems, FMS issues the annual Financial Report ofthe U.S. Government. ·30· http 11www.treas.gov/press/releases/hp691.htm 1213/2007 hp-692: Secretary Paulson Statement on the Appointment <br> of Judith R. Tillman as FMS Commissi... Page 1 of 1 November 20, 2007 hp-692 Secretary Paulson Statement on the Appointment of Judith R. Tillman as FMS Commissioner Washington- Treasury Secretary Henry M. Paulson, Jr. issued the following statement today announcing the appointment of Financial Management Service Commissioner Judith R. Tillman, effective January 4, 2008, upon the retirement of Commissioner Kenneth R. Papaj: "I am pleased to announce the appointment of Judith Tillman as FMS Commissioner. I am confident that Ms. Tillman will serve the American people in an exemplary manner in her new position. She is an outstanding addition to our team of bureau heads within Treasury and brings a wealth of experience to our critical responsibility of effectively managing U.S. government finances." Ms. Tillman has worked at FMS and the Internal Revenue Service for more than 34 years. For the past 18 months, she has served as FMS Oeputy Commissioner. Prior to that, she was the FMS Assistant Commissioner for Regional Operations, responsible for issuing federal payments at Financial Centers across the country for hundreds of Federal agencies. FMS has primary responsibility for the Federal Government's payments and collections, annually processing more than one billion disbursements to more than 100 million people, processing over $3 trillion in Federal revenues, and collecting over $3.5 billion in delinquent debt. As manager of the government's central accounting and financial reporting systems, FMS issues the annual Financial Report of the U. S. Government. -30- httpf/WWW.treas.govlpress/releases/hp692.htm 12/3/2007 hp-693: Statement by Secretary Paulson on the Intent to Nominate Shulman as IRS Commissioner Page 1 of 1 November 21,2007 hp-693 Statement by Secretary Paulson on the Intent to Nominate Shulman as IRS Commissioner Washington, DC - "I am extremely pleased that the President intends to nominate Doug Shulman to be IRS Commissioner, and am grateful for Doug's willingness to serve. Doug is a highly capable executive with extensive management experience and a proven ability to provide innovative leadership to a large organization. His experience as Senior Policy Advisor and Chief of Staff on the National Commission on Restructuring the IRS provides him with fundamental knowledge of the IRS and its critical responsibility of administering the tax code. Doug is an excellent choice to lead the IRS. His energy, creativity, strong management skills, and technology experience will ensure that the IRS fully serves its mission to provide America's taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness." -30- ttp:IIWW w.treas.gov.JJresslreleases/hp693.htm 1213/2007 lp-694: U.S. and China to Hold Meeting of the Strategic Economic Dialogue in China Next Month Page 1 of 1 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 20, 2007 hp-694 U.S. and China to Hold Meeting of the Strategic Economic Dialogue in China Next Month Washington, DC - Treasury Secretary Henry M. Paulson, Jr. will lead the U.S. delegation to China next month for the next meeting of the LJ S -CtlllliJ SlrdlccjlC ECOf)()IIlIC DI~liuljuC . Secretary Paulson will be joined by Commerce Secretary Carlos Gutierrez, Health and Human Services Secretary Mike Leavitt, U.S. Trade Representative Susan Schwab, EPA Administrator Stephen Johnson, Acting Agriculture Secretary Chuck Conner, and other Administration officials. The third Cabinet-level meeting of the SED will focus on integrity of trade, balanced economic development, energy conservation, financial sector reform, environmental sustainability, and advancing bilateral investment. The dialogue was launched by President Bush and President Hu in September 2006. China's Ministry of Foreign Affairs (MFA) will issue credentials to all media planning to cover the SED. If you are seeking press credentials, you must complete and submit the attached form along with a digital passport photo to the Treasury Department's Office of Public Affairs at pless@cio.treCis.gov no later than Thursday, November 29. Treasury will submit the information to the MFA on November 30this deadline will be enforced by the MFA. The talks will take place December 12-13 near Beijing at Grand Epoch City. REPORTS • Press Creeielltl3i Rr;CllstlilliClil Form httpIIWWW.treas.gov/press/releases/hp694.htm 1213/2007 Page 1 of 4 November 26, 2007 2007 -11-26-16-19-33-28064 U.S. International Reserve Position The Treasury Department today released U.s. reserve assets data for the latest week. As indicated in this table, U.s. reserve assets totaled $71,718 million as of the end of that week, compared to $70,747 million as of the end of the prior week. I. Official reserve assets and other foreign currency assets (approximate market value, in US millions) I II I IINovember 23, 2007 IA. Official reserve assets (in US millions unless otherwise specified) IIEuro 1(1) Foreign currency reserves (in convertible foreign currencies) II Total II II Yen II I(a) Securities 11 14 ,576 /111,808 11 26,384 lof which: issuer headquartered in reporting country but located abroad II II II II 11 0 II l(i) other national central banks, BIS and IMF 11 14 ,495 1\5,801 11 2 0,296 Iii} banks headquartered in the reporting country II II II 11 0 II 11 0 II II 11 0 I(b) total currency and deposits with: lof which: located abroad I(iii) banks headquartered outside the reporting country II lof which: located in the reporting country 1(2) IMF reserve position II 11 4 ,462 1(3) SDRs 11 9 ,536 1(4) gold (including gold deposits and, if appropriate, gold swapped) 11 11 ,041 I--volume in millions of fine troy ounces 1\261.499 1(5) other reserve assets (specify) 11 0 11 71 ,718 11 0 II II I--financial derivatives I--Ioans to nonbank nonresidents I " It-securities not included in official reserve assets I I I--other lB. Other foreign currency assets (specify) I I I IL--deposits not included in official reserve assets --loans not included in official reserve assets --financial derivatives not included in official reserve assets I --gold not included in official reserve assets I [ --other II II II II. Predetermined short-term net drains on foreign currency assets (nominal value) r~ ____________~IIL____~II~ ____ ttp://WWW.treas.g.Q~lpre~sheleases/2007112616193328064.htm ~I~I----~II~----~II~_ _ _ _~II 12/312007 Page 2 of4 I IIMaturity breakdown (residual maturity) II IITotal II I Up to 1 month II II II Ilprincipal II II II II II II II I Ilprincipal II I IIlnterest II II II II I IIlnterest II II II II I I II II II I I 11. Foreign currency loans, securities, and deposits --outflows (-) -inflows (+) I More than 3 months and up to 1 year 2. Aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (including the forward leg of currencl' swaps) II (a) Short positions ( - ) (b) Long positions (+) 3. Other (specify) --outflows related to repos (-) I --inflows related to reverse repos (+) More than 1 and up to 3 months I II II II II II II II II 1/ I --trade credit (-) II II I --trade credit (+) II II I --other accounts payable (-) II II I --other accounts receivable (+) II II I I II\. Contingent short-term net drains on foreign currency assets (nominal value) 1/ 1/ II IMaturity breakdown (residual maturity, where I 1/ I II IITotal IUp to 1 month II 1/ II I II II II II II II II /I I II II I 11. Contingent liabilities in foreign currency (a) Collateral guarantees on debt falling due within 1 year [(b) Other contingent liabilities 2. Foreign currency securities issued with embedded options (puttable bonds) @. Undrawn, unconditional credit lines provided by: (a) other national monetary authorities, BIS, IMF, and other international organizations tother national monetary authorities (+) applicable) II II I II II II II II II I II I! II II II II II 1/ II II II II II II II II II I 1/ (c) with banks and other financial institutions headquartered outside the reporting country (+) I [gndrawn, unconditional credit lines provided to: II" II r I I [IMF (+) [other national monetary authorities (-) II II II (a) other national monetary authorities, BIS, IMF, and other international organizations II " II t BIS (+) (b) with banks and other financial institutions headquartered in the reporting country (+) I More than 3 months and up to 1 year More than 1 and up to 3 months II I II http://WWW.treas.gov/press/releases/2007112616193328064.htm II II /I II II I I I 12/3/2007 Page 3 of 4 1--8IS (-) II [IMF (-) II I (b) banks and other financial institutions headquartered in reporting country (- ) (c) banks and other financial institutions headquartered outside the reporting country ( - ) 4. Aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency [a) Short positions I I II [(i) Bought puts II II II II II II I 11 II I II II II II II II II II II I II I 1/ l(ii) Written calls " " II II II I(b) Long positions I(i) Bought calls II I(ii) Written puts IpRO MEMORIA: In-the-money options II 1(1) At current exchange rate II [(a) Short position II II I(b) Long position 1(2) + 5 % (depreciation /I JI of 5%) II I(a) Short position II I(b) Long position 1/ 1(3) - 5 % (appreciation of 5%) II I(a) Short position 1/ I(b) Long position II II II II II" II II II 1/ II II /I /I /I II II II H 1 II \I II II II" II II I II I 1/ 1 II 1/ I I II II II II 1(5) - 10 % (appreciation of 10%) 1/ I II II I I I II II lib) Long position I II \(b) Long position I(a) Short position I I I II II 1(6) Other (specify) I I 1/ I(b) Long position I II II II I(a) Short position I II II II I(a) Short position 1(4) +10 % (depreciation of 10%) I "IIII II II II 1/ II II II II II II II II I I " IV. Memo items I I II ~1) To be reported with standard periodicity and timeliness: II lia) short-term domestic currency debt indexed to the exchange rate II (b) financial instruments denominated in foreign currency and settled by other means (e.g., in domestic currency) I t-nondeliverable forwards II [ --short positions I I [ --long positions I t-other instruments I ~) pledged assets [included in reserve assets tincluded in other foreign currency assets r http 11www.treas.gov/presslreleases/2007112616193328064.htm I II IIII I I I 12/3/2007 Page 4 of 4 l(d) securities lent and on repo II I--Ient or repoed and included in Section I II I--Ient or repoed but not included in Section I II I--borrowed or acquired and included in Section I II [--borrowed or acquired but not included in Section I I II I(e) financial derivative assets (net, marked to market) II II II I--forwards I--futures I--swaps II I--options I I--other (f) derivatives (forward, futures, or options contracts) that have a residual maturity greater than one year, which are subject to margin calls. 1I --aggregate short and long positions in forwards and futures in foreign currencies vis-a-vis the domestic currency (including the forward leg of currency swaps) I(a) short positions ( - ) I I(b) long positions (+) I--aggregate short and long positions of options In foreign currencies vis-a-vis the domestic currency /I I(a) short positions I(i) bought puts I(ii) written calls I(b) long positions I(i) bought calls I(ii) written puts 1(2) To be disclosed less frequently: I(a) currency composition of reserves (by groups of currencies) 11 71 ,718 I--currencies in SDR basket 11 71 ,718 I--currencies not in SDR basket II I--by individual currencies (optional) II II 1 Notes: 1/ Includes holdings of the Treasury's Exchange Stabilization Fund (ESF) and the Federal Reserve's System Open Market Account (SOMA), valued at current market exchange rates. Foreign currency holdings listed as securities reflect markedto-market values, and deposits reflect carrying values. 2/ The items, "2. IMF Reserve Position" and "3. Special Drawing Rights (SDRs)," are based on data provided by the IMF and are valued in dollar terms at the official SDR/dollar exchange rate for the reporting date. The entries for the latest week reflect any necessary adjustments, including revaluation, by the U.S. Treasury to IMF data for the prior month end. 3/ Gold stock is valued monthly at $42.2222 per fine troy ounce. http://WWW.treas.gQ..dpress/Ie)~ases/2007112616193328064.htm 12/3/2007 HP-695: Remarks by Ambassador Holmer at the Center for <br>Strategic and International Studies on '" Page 1 of 4 November 27, 2007 HP-695 Remarks by Ambassador Holmer at the Center for Strategic and International Studies on Establishing New Habits of Cooperation in U,S.-China Economic Relations Good morning. I want to thank Charles Freeman for inviting me today. I sincerely appreciate the efforts of CSIS to create a forum about China that merges economic, political and security issues. This is an important service to policymakers, businesspersons, and scholars. Our Changing Economic Relationship China's re-emergence on the global stage is one of the most consequential geopolitical events of recent times. There is hardly an issue - from trade, to national security, to climate change - or a place - from North Korea to Iran to Sudan where American and Chinese interests do not increasingly overlap. Because China is so fully integrated into the global economy, what happens in China's economy affects the entire international community. The U,S.-China economic relationship is entering a new phase. First, U.S.-China economic interdependence is deepening. We need each other more and on a broader number of economic and economically consequential issues. Over the past 5 years, according to U ,So data, U.S, exports to China have grown from $18 to $52 billion, while U. S. imports from China have grown from $102 to $287 billion. Moreover, the United States and China are shaping, and being shaped by, global energy and environmental trends, which have strong economic consequences, For example, our countries are the world's largest energy consumers and the largest emitters of greenhouse gases. Clearly, our interdependence is deepening, Second, whereas trade and investment were once largely a source of stability in bilateral relations, they are now increasingly also a source of tension. Such tensions are straining the domestic consensus in both the United States and China on the benefits of economic engagement. When I first became deeply involved in international trade issues in the 1980s, we didn't have Significant trade tensions with China - mainly because we didn't have much bilateral trade. In a sense, the fact that we have trade tensions today reflects a maturing of our relationship and the rapid growth in bilateral trade and investment. We need to make sure we manage those tensions effectively in order to keep our bilateral economic relationship on an even keel and in our mutual interests. Anxieties about increasing trade manifest themselves in many ways, which leads me to the third dynamic confronting us: the rise of economic nationalism and protectionism in both our nations. These sentiments may constrain leaders from adopting policies that are in the long-term interests of the citizens and economies of the United States and China. These three emerging dynamics to our economic relationship - deepening interdependence, a strained policy consensus, and the rise of economic protectionism - are mutual and require cooperative solutions, Managing Complexity and Establishing New Habits of Cooperation http://WWw.treas.gov/presslreleases/hp695.htm 12/3/2007 hP-695: Remarks by Ambassador Holmer at the Center for <br>Strategic and International Studies on .. , Page 2 of 4 These dynamics Informed the creation of the Strategic Economic Dialogue (SED) by President Bush and President Hu Jlntao In 2006. They envisioned a forum to allow both governments to communicate at the highest levels and with one voice on issues of long-term and strategic importance. Managing our complex and increasingly interdependent relationship is daunting _ and requires speaking to the nght people - at the right time - on the right issues _ and in the right way. I learned a long time ago that if you are going to be successful in any kind of dialogue, it is essential that you do everything you can to put yourself in the other person's shoes, to try to see the world the way he or she does. This is the way you achieve win-win agreements, ones that advance mutual interests, agreements that will withstand the tests of time. The Strategic Economic Dialogue embraces this approach. The United States has three core objectives for the SED as a new and leading institution in U.S.-China relations. Establishing New Habits of Cooperation First, through this framework, we are advancing the U.S.-China economic relationship by establishing new habits of bilateral cooperation. We have embraced a broad agenda that covers cross-cutting economic and economically consequential issues, including regulatory transparency, energy conservation, environmental protection, innovation. food and product safety, as well as the important economic issues of exchange rate and macroeconomic policies, market access, and financial sector development and liberalization. Our approach engages multiple and diverse government officials in both countries. It breaks down classic bureaucratic stove-pipes that hinder effective communication and impede results. And that's what direct engagement does: it keeps the relationship on an even keel by lessening miscommunication and dispelling misperceptions so common in the history of the U.S.-China relationship. It helps us signal to China that we welcome the rise of a confident, peaceful and prosperous China. A weak and insecure China is not in America's economic or security interests. Accelerating China's Economic Transition Second, it is vitally important that our policies accelerate the next wave of China's "reform and opening" process. The pace of China's growth and economic reform has clearly been remarkable, but continued effort is needed. China's top leaders now realize that a key challenge they face is taking the bold policy steps necessary for an economy that is no longer in the first stages of economic growth. We welcome the leadership's current efforts to transition to an economy that is more market-oriented, less reliant on low-value added manufacturing exports, one that depends more on the skills and resourcefulness of the Chinese people and less on material inputs and natural resource consumption. A major risk China faces is that its government won't act quickly enough to take the policy steps necessary to deal with the economic and social imbalances created by its growth model. Without strong policy adjustments, China's economic growth path becomes unsustainable, as Chinese top leaders have publicly stated. We are encouraging key reforms that will help China manage the blistering pace of its economic growth; these include financial market liberalization and a plan for rebalancing growth. China has proven to the world that it can grow fast, but the key issue now is whether it can grow differently and sustainably, where the quality of http:ttp:llwww.treas.gov/press/releases/hp695.htm 12/3/2007 HP-695: Remarks by Ambassador Holmer at the Center for <br>Strategic and International Studies on ... Page 3 of 4 growth is as Important as [tie quantity. Bold structural policies are needed to shift China's growth away from heavy industry, high energy use, capital intensiveness, and dependence on exports towards greater reliance on domestic demand, production of services, and a greater share of China's national income accruing to China's households. To enable market forces to efficiently rebalance the economy and spread prosperity to all the Chinese, China needs more flexible prices, including a much more flexible, market-driven exchange rate. Exchange rate flexibility is also key to allowing monetary policy - the most potent instrument for guiding an economy - to focus on assuring price and financial stability. A key to China's future success will be its willingness to accelerate the pace of its market-based economic reforms. Meeting and going beyond its WTO commitments, resisting protectionist sentiment, and opening up its economy to greater international competition for goods, and particularly, services, will help rebalance the Chinese economy and spread prosperity more broadly among the Chinese people. These reforms are - and will continue to be - resisted by increasingly influential Chinese businesses due to growing suspicion about U.S. efforts to encourage further liberalization of key sectors of China's economy. However, in my judgment, the greatest risk to China's long-term economic security is not that China opens too fast, but, rather, that protectionists prevail, and Chinese reforms proceed too slowly. Encouraging China's Responsible Global Engagement Third, and finally, we are also encouraging China to act responsibly as a global economic power. We welcome China into key international financial institutions and are giving China a greater voice in them as well. Since the initiation of the SED in September 2006, we have supported China's efforts to join the Inter-American Development Bank (IADB) and the Paris-based Financial Action Task Force (FATF). We also strongly support a greater voting share for China in the IMF and World Bank. Increased participation will allow China to advance its interests in those institutions, but it is also important that Beijing recognize the responsibilities of greater participation. China has become a major source of foreign aid for many of the poorest countries. We look forward to working with China, as a new and welcome participant, in multilateral efforts to assure that foreign aid and lending practices promote sustainable development. This new era in U.S.-China economic relations requires new and dynamic ways of doing business. We are meeting these challenges through the creation of the political space and the institutional capacity for long-term stability in our bilateral economic relations. Signposts and Benchmarks I spoke before about the importance of new habits of cooperation between our governments and our countries. While habits of cooperation are important, good process does not ensure good results. Dialogue needs to be more than talking for the sake of talking and can not give U.S. or Chinese leaders "a pass" on issues of disagreement. It is about setting priorities, specifying consequences and fashioning practical solutions. Sec. Paulson refers to "signposts and benchmarks" along the path toward reform. Is progress occurring as fast as we prefer or as fast as is in China's interest? No. But is progress occurring faster than would have been the case without the SED? Absolutely. http://www.treas.goy/press/releases/hp695.htm 12/312001 HP-695: Remarks by Ambassador Holmer at the Center for <br>Strategic and International Studies on .,. Page 4 of 4 Time after- time, U.S. government agencies have been able to "draft behind" the momentum created by the SED. Examples include a new air services agreement, collaboration on energy security and the environment, moving toward more efficient capital markets, and addressing concerns about tainted food and product imports. The SED is not just an event that happens at Cabinet-level meetings twice a year_ Rather, engagement is continuous, with progress announced throughout the year. Towards a New Future for Bilateral Economic Relations President Bush and President Hu have set a positive agenda for strengthening our economic relationship. The SED is a core part of that agenda because it is longterm in its vision, comprehensive in its scope, and immediate in its ability to deal with the most sensitive bilateral economic tensions. As we chart the future course of our economic relationship with China, we would be well-advised to remember the words of a former American diplomat and Chairman of the Senate Finance Committee, Daniel Patrick Moynihan, who said we shouldn't "let the politics of last month or next month affect decisions toward China that go to half-century strategic issues." The politics of U.S.-China economic relations are intensely dynamic and sensitive, in both countries. The SED is complex international economic diplomacy. We are tackling some of the biggest structural challenges in China's economic future and in U.S.-China relations. The economic and geopolitical landscape of the 21 st century will be greatly influenced by the way in which the United States and China work together. That emerging future requires a distinct vision and effective mechanisms to achieve it. By establishing new habits of cooperation, the SED has allowed both the United States and China to begin to write the next chapter of our strategic economic relationship. -30- http://www.treas.gov/press/releases/hp695.htm 12/312007 HP-696: Treasury Calls for Large Position Reports Page 1 of 1 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 27, 2007 HP-696 Treasury Calls for Large Position Reports The Treasury is calling for Large Position Reports from those entities whose reportable position In the 3-7/8% Treasury Notes of October 2012 equals or exceeds $2 billion as of close of bUSiness Monday, November 26,2007. This call for Large Position Reports is a test. Entities with reportable positions in this note equal to or exceeding this $2 billion threshold must report these positions to the Federal Reserve Bank of New York. Entities with positions in this note below $2 billion are not required to file Large Position Reports. Reports must be received by the Government Securities Dealer Statistical Unit of the Federal Reserve Bank of New York before noon Eastern Time on Monday, December 3,2007, and must include the required position and administrative information. Large Position Reports may be faxed to (212) 720-5030 or delivered to the Bank at 33 Liberty Street, 4th floor. Details on Call for Large Position Reports Security Description: 3-7/8% Treasury Notes of October 2012, Series R-2012 CUSIP Number: 912828 HG 8 CUSIP Number of STRIPS Principal Component: 912820 QD 2 Maturity Date: October 31,2012 Date for Which Information Must Be Reported: November 26, 2007 as of COB Large Position Reporting Threshold: $2 Billion (Par Value) Date Report Is Due: December 3,2007, before noon Eastern time This call for large position information is made under Treasury's large position reporting rules (17 CFR Part 420). The notice calling for Large Position Reports is also being published in the Federal Register. This press release and a copy of a sample Large Position Report, which appears in Appendix B of the rules at 17 CFR Part 420, are available at the Bureau of the Public Debt's Internet site at: www.treasurydirect.gov/institlstatreg/gsareg/gsareg.htm Questions about Treasury's large position reporting rules should be directed to Treasury's Government Securities Regulations Staff at Public Debt on (202) 5043632. Questions regarding the method of submission of Large Position Reports should be directed to the Government Securities Dealer Statistical Unit of the Federal Reserve Bank of New York at (212) 720-7993. REPORTS • Background Information http://www.treas.gov/press/reJeases/hp696.htm 12/3/2007 u.s. TREASURY DEPARTMENT OFFICE OF PUBLIC AFFAIRS 11 :30 A.M. July 5, 2006 CONTACT Jennifer Zuccarelli, (202) 622-8657 EMBARGOED UNTIL BACKGROUND ON CALL FOR LARGE POSITION REpORTS Treasury's large position reporting rules (17 CFR Part 420), which were issued in final form on September 12, 1996 (61 FR 48338), established recordkeeping and reporting requirements for entities that control large positions in certain Treasury securities. An amendment to the rules was issued on December 18,2002, and was effective January 17,2003. The rules put in place an on-demand reporting system which, in response to a notice by Treasury requesting large position information, requires large position reports to be filed by entities that control a position in a particular Treasury security or securities equaling or exceeding the specified large position threshold. Holders will have three and onehalf days in which to respond to the request, unless otherwise noted on the press release. The rules were first effective March 31, 1997. When the rules were announced, Treasury said that it would issue a test call annually. Treasury has issued seven previous test calls, and one non-test call. The purpose of the rules is to give Treasury the means to acquire information quickly on concentrations of a security's holdings in the event of a market dislocation affecting that security. The rules are intended to improve the information available to Treasury and other regulators regarding concentrations of control and to ensure that regulators have the tools necessary to monitor the Treasury securities market. Large positions, in and of themselves, are not inherently harmful, and there is no presumption of manipulative or illegal intent on the part of a controlling entity merely because it is required to submit a large position report in response to these rules. The Treasury does not expect to have to use such authority for such purposes frequently, but it wants holders' reporting systems to be fully functional in the event it needs to require large position information. -30- HP-697: U.S. Treasurer to Visit Atlanta <br>to Offer Mortgage Financing Advice Page 1 of 1 November 27,2007 HP-697 U.S. Treasurer to Visit Atlanta to Offer Mortgage Financing Advice The United States Treasurer Anna Escobedo Cabral will be in Atlanta, Ga. Friday, Nov. 30, at The Commerce Club to discuss ways Atlanta homeowners can find help if they are struggling to make their mortgage payments. HOPE NOW Alliance members NeighborWorks America and Consumer Credit Counseling Service of Greater Atlanta will host the event. More than half of borrowers who go into foreclosure never reach out for help. Treasurer Cabral's remarks will cover the mortgage financing services and options offered by counseling agencies, which may help homeowners find more affordable mortgage solutions. The Treasurer's efforts are part of Treasury Secretary Henry M. Paulson's initiative to help subprime homeowners stay in their homes. Secretary Paulson and U.S. Housing and Urban Development Secretary Alphonso Jackson previously encouraged the creation of the HOPE NOW Alliance, a national alliance of leading counselors, servicers, and investors who are working together to educate more homeowners about their mortgage options. The Alliance recently began a new direct mail campaign, sending 300,000 letters to struggling homeowners this month alone. The letters provide helpful information on where to turn to get help refinancing or modifying a mortgage. For more information on Treasury's mortgage financing initiatives, please visit http://www.treas.gov/topics/financial-markets/. The following event is open to the media: Who U.S. Treasurer Anna Escobedo Cabral What Remarks on Mortgage Financing When Friday, November 30, 8:00 a.m. EST Where The Commerce Club 34 Broad Street, NW Atlanta, Ga. http://www.treas.gov/press/releases/hp697.htmI2/3/2007 - hP-798: Treasury, IRS Issue Model Provisions for Section 403(b) Plans Page 1 of 1 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 27,2007 hp-798 Treasury, IRS Issue Model Provisions for Section 403(b) Plans Washington, DC--The Treasury Department and Internal Revenue Service (IRS) today issued Revenue Procedure 2007 -71, which includes model plan provisions for use by public school employers to comply with regulations under section 403(b) that were issued in July (72 FR 41128). In addition, Rev. Proc. 2007-71 provides relief from certain requirements of the regulations with respect to contracts issued before January 1, 2009. REPORTS http://www.treas.gov/press/releases/hp798.htm 12/312007 Part III --Administrative, Procedural, and Miscellaneous 26 CFR 601.201: Rulings and determination letters. (Also, Part I, § 403; § 1.403(b)-3.) Rev. Proc. 2007-71 SECTION 1. PURPOSE This revenue procedure provides model plan language that may be used by public schools either to adopt a written plan to reflect the requirements of § 403(b) and the regulations thereunder or to amend its § 403(b) plan to reflect the requirements of § 403(b) and the regulations thereunder. This revenue procedure also provides rules for when plan amendments or a written plan are required to be adopted by public schools or other eligible employers to comply with the recently published final regulations under § 403(b) (72 FR 41128; TD 9340). This revenue procedure also provides guidance relating to the application of § 403(b) to certain contracts issued before 2009. SECTION 2. BACKGROUND AND GENERAL INFORMATION .01 Section 403(b) applies to contributions made for employees who are performing services for a public school of a State or a local government or for employees of employers that are tax-exempt organizations under § 501 (c )(3). Section 403(b) also applies to contributions made for certain ministers. Under § 403(b), contributions are excluded from gross income only if made to certain funding arrangements: (1) contracts issued by an insurance company qualified to issue annuities in a State that includes payment in the form of an annuity; (2) custodial accounts that are exclusively invested in stock of a regulated investment company (as defined in § 851(a) relating to mutual funds); or (3) a retirement income account for employees ofa church-related organization (as defined in §IA03(b)-2 of the Income Tax Regulations) . .02 Final regulations under § 403(b) (TD 9340) were published in the Federal Register (72 FR 41128) on July 26, 2007 (2007 regulations). The 2007 regulations replaced existing regulations that were published in the Federal Register (29 FR 18356) on December 24, 1964,1965-1 C.B. 180, that provided guidance for complying with § 403(b), as well as certain provisions of regulations that were published in the Federal Register (60 FR 49199) on September 22, 1995, relating to eligible rollover distributions and regulations that were that were published in the Federal Register (67 FR 18987) on April 17,2002, relating to minimum distributions under § 401(a)(9). The 2007 regulations reflected the numerous amendments made to § 403(b) by legislation enacted since 1964. Subject to a number of special effective date rules, the 2007 regulations are generally effective for taxable years beginning after December 31, 2008 . .03 The 2007 regulations include comprehensive guidance relating to § 403(b), including the requirement that § 403(b) contracts must be maintained pursuant to a written plan. (References in this revenue procedure to a contract or an issuer include a custodial account under § 403(b )(7) and an issuer of such an account, respectively.) As indicated in the preamble to the regulations, while § 403(b) contracts that are subject to the Employee Retirement Income Security Act of 1974 (ERISA) are already maintained pursuant to written plans, there may be a potential cost associated with satisfying the written plan requirement for those employers that do not have existing plan documents, such as public schools. This revenue procedure is intended to address this concern by providing model plan language that may be used for this purpose by public schools. 2 .04 Section 1A03(b )-3(b )(3) of the 2007 regulations requires that contracts be issued under a plan, which, in both form and operation, satisfies the requirements of the 2007 regulations and which contains all the material terms and conditions for eligibility, benefits, applicable limitations, the contracts available under the plan, and the time and form under which benefit distributions would be made. Section 1A03(b )-1 O(b) of the 2007 regulations includes a special rule for situations in which a contract has been exchanged for another contract, under which the successor contract (an "exchange contract") is treated as part of the plan if certain conditions are satisfied, including an information sharing agreement between the employer and the issuer. Section 1A03(b )11 (g) of the 2007 regulations provides that those conditions are not imposed with respect to a contract if the exchange occurred before September 25, 2007, and the exchange satisfied applicable requirements at that time (a "grand fathered exchange contract"). SECTION 3. USE OF MODEL PLAN LANGUAGE BY PUBLIC SCHOOLS .01 Any public school employer with respect to its employees performing services for it, to the extent provided, may comply with the written plan requirements of the 2007 regulations by adopting the model provision(s) contained in the Appendix to this revenue procedure. The model language has been prepared to take into account the general requirement that a § 403(b) plan include all the material terms and conditions for benefits under the plan. For example, the model language does not incorporate the applicable legal requirements by reference, but instead describes them in a manner intended to enable the plan administrator to implement the plan provisions on the basis of the model language to the extent feasible . .02 The 2007 regulations provide that a § 403(b) plan, including one established 3 by a public school employer, may contain certain optional features not required to satisfy § 403(b), such as in-service distributions from rollover accounts, distributions for financial hardships, loans, contract exchanges, and plan to plan transfers. If optional provisions are used, the optional provisions must meet, in both form and operation, the relevant requirements under the Code and the 2007 regulations, as well as operate in accordance with the terms of the plan. If a public school employer adopts one or more of these optional model plan language provisions for its § 403(b) plan, the form of the plan will be treated as meeting the requirements under § 403(b) with respect to those prOVISIOns. SECTION 4. RELIANCE BY PUBLIC SCHOOL EMPLOYERS ON MODEL PLAN LANGUAGE .01 Amendments. (a) Reliance. Ifa public school employer amends its plan language to include any portion of the model language, the form of the written plan will be treated as meeting the requirements of § 403(b), to the extent covered by the model plan language that is adopted. This reliance applies only if the employer adopts the model language on a word-for-word basis or adopts an amendment that is substantially similar in all material respects. (b) Effect on public schools. If a public school employer adopts any portion of the model plan language, the written plan must also be operated in accordance with the amendment, from and after the effective date of the amendment, and the § 403(b) plan must continue to satisfy, in both form and operation, all other requirements of § 403(b) in order to maintain § 403(b) status. To the extent a public school employer's § 403(b) plan does not include the model plan language or an amendment that is substantially similar in all respects, a public school that requests a private letter ruling from the Internal Revenue 4 Service (IRS) with respect to the qualification of its § 403(b) written plan must clearly highlight and describe in the written request how its plan provisions differ from the model language . .02 Adoption of written plan. The model language is also designed for use by a public school that does not have a written § 403(b) plan. Thus, adoption of the entire model language (on a word-for-word basis or using language that is substantially similar in all material respects) by a public school has the same status as a private letter ruling which provides that the written form of the plan satisfies § 403(b). However, if a public school employer adopts the entire model plan language, the § 403(b) written plan must also be operated in accordance with that language, from and after the effective date of adoption, and must continue to satisfy in both form and operation all other requirements of § 403(b) in order for the plan to maintain its § 403(b) status. SECTION 5. USE OF THE MODEL PLAN LANGUAGE BY EMPLOYERS THAT ARE NOT PUBLIC SCHOOLS .01 The model plan language in the Appendix to this revenue procedure is designed for use by a public school employer with respect to its employees. The model language is intended for a basic plan under which contributions are limited to pre-tax elective deferrals (without any designated Roth, employer matching, or other employer nonelective contributions). An eligible employer that is not a public school may use the provisions of the Appendix as sample language to comply with one or more of the requirements imposed by the 2007 regulations issued under § 403(b) . .02 Because the model plan language in the Appendix has been designed for a State or local government with respect to its employees performing services for a public school, a § 501(c)(3) organization must determine the extent to which the model 5 language is appropriate for use in connection with its § 403(b) plan to comply with one or more of the requirements imposed by the regulations issued under § 403(b). Notes in the Appendix identify the principal provisions which require modification for use by an eligible employer that is not a public school maintaining a § 403(b) arrangement. Moreover, if an eligible employer that is not a public school uses the model language in the Appendix, additional or revised provisions may be necessary or appropriate in order to comply with the 2007 regulations and, if applicable, ERISA, especially if either (i) the plan is not limited to elective deferrals, (ii) the plan is designed to not be an employee pension benefit plan under ERISA in accordance with 29 CFR 2510.3-2(f) of the Department of Labor Regulations, or (iii) the plan is maintained by a church (or a churchrelated organization described in § 414(e)(3)(A) or a qualified church-controlled organization under § 3121 (w)(3)(8)) or applies with respect to one or more ministers. 1 .03 Adoption of the model plan language contained in the Appendix by an eligible employer that is not a public school does not have the same status as a private letter ruling with respect to the adopted language. However, if an eligible employer that is not a public school has received from the IRS a favorable private letter ruling under § 403(b), then, except as provided in section 5.02 of this revenue procedure, the eligible employer's adoption of appropriate plan model language contained in the Appendix will not result in the loss of its reliance on the private letter ruling for periods prior to the effective date of the 2007 regulations. SECTION 6. DATE AMENDMENTS ARE ADOPTED Pursuant to this revenue procedure, a § 403(b) plan will be treated as having been amended timely to reflect a requirement of the 2007 regulations if an amendment that 1 See United States Department of Labor Field Assistance Bulletin No. 2007-02. 6 satisfies that requirement (such as the model language in the Appendix of this revenue procedure that reflects that requirement) is adopted no later than the first day of the first taxable year beginning after December 31,2008, the amendment is effective as of the applicable effective date of the requirement under the 2007 regulations, and the written plan is operated as if that amendment is in effect. This section 6 applies to the requirement to have a written plan. However, for a special rule with respect to amendments made pursuant to the Pension Protection Act of 2006, Public Law 109-280 (PPA '06), see section 1107 of the PPA '06. SECTION 7. AREAS NOT COVERED BY SECTIONS 3 AND 4 OF THIS REVENUE PROCEDURE Except as provided in section 5 of this revenue procedure, the model plan language referenced in sections 3 and 4 of this revenue procedure is not designed to apply to any employer other than a State or local government with respect to its employees performing services for a public school. SECTION 8. GUIDANCE REGARDING CERTAIN CONTRACTS ISSUED BEFORE 2009 .01 Contracts issued before 2009 as part of employer's plan. In the case of a contract issued after December 31, 2004 and before January 1, 2009 by an issuer that does not receive contributions under the plan in a year after the contract was issued (e.g., due to the issuer having been discontinued as an issuer under the plan or the issuer having become an issuer under the plan due to the contract having been issued in a postSeptember 24,2007 exchange permitted under Rev. Rul. 90-24,1990-1 CB 97), the contract will not fail to satisfy § 403(b) for the year merely because the contract is not part of a written plan that satisfies § I.403(b )-3(b )(3) of the 2007 regulations if the employer makes a reasonable, good faith effort to include the contract as part of the employer's plan that satisfies § 1A03(b)-3(b)(3) of the 2007 regulations. For this purpose, a reasonable, good faith effort to include those contracts as part of the employer's plan includes collecting available information concerning those issuers (for which purpose, the information is not required to be collected for issuers that ceased to receive contributions before January 1, 2005) and notifying them of the name and contact information for the person in charge of administering the employer's plan for the purpose of coordinating information necessary to satisfy § 403(b). As an alternative to the actions described in the preceding sentence, a reasonable, good faith effort to include that contract as part of the employer's plan also includes the issuer taking action before making any distribution or loan to the participant or beneficiary which constitutes a reasonable, good faith effort to contact the employer and exchange any information that may be needed in order to satisfy § 403(b) with the person in charge of administering the employer's plan . .02 Contracts issued before 2009 held for former employees or beneficiaries. In the case of an issuer that holds § 403(b) contracts under a § 403(b) plan, but which ceases to receive contributions before January 1,2009 (e.g., due to the issuer having been discontinued as an issuer under the plan, the employer having ceased to exist, or the issuer having become an issuer under the plan due to the contract having been issued in a post-September 24, 2007 exchange permitted under Rev. Rul. 90-24, 1990-1 CB 97), those contracts continue to be subject to the requirements of § 403(b) and the 2007 regulations to the extent applicable. However, pursuant to this revenue procedure, a § 403(b) plan will not be treated as failing to satisfy the requirements of § lA03(b)-3(b)(3) 8 if the plan does not include terms relating to those contracts. If the participant or beneficiary requests a loan from the contract in accordance with § 72(p )(2), this relief applies only if the issuer makes such a loan only after the issuer has made reasonable efforts to determine: (1) whether the participant or beneficiary has in the prior 12 months had any other outstanding loans from qualified employer plans of the employer (taking into account §§ 72(p)(2)(D) and 72(p)(5)); and (2) if the participant or beneficiary has had any such loans, the highest outstanding balance of such loans during that period. For this purpose, assuming the employer is still in existence at the time of the loan, mere reliance on information from the participant or beneficiary about outstanding loans does not constitute reasonable efforts to determine whether the participant or beneficiary has other outstanding loans from plans of the employer. The special rules in this section 8.02 apply only with respect to a contract that has been issued before January 1,2009, under a § 403(b) plan that is held on behalfofa participant who, on January 1, 2009, is a former employee of the employer or for a beneficiary. For this purpose, the issuer can rely on information from the participant as to whether the participant is a former employee, assuming that reliance on that information is not unreasonable under the facts and circumstances. 8.03. Re-exchange back into plan. If, after September 24,2007 and before January 1, 2009, a contract is issued in an exchange permitted under Rev. Rul. 90-24 (an "intermediate contract") and, before July 1,2009, the contract is exchanged in accordance with Rev. Rul. 90-24 for a contract issued by an issuer which is either receiving contributions as part of the plan or has an information sharing agreement as set forth in § 1.403(b)-1 O(b )(2)(i)(C)(l) and (2.) of the 2007 regulations, then the information 9 sharing conditions in § 1.403(b)-1 O(b )(2)(i)(C)(l) and (f) of the 2007 regulations do not apply to the intermediate contract. 8.04. Information sharing agreements. The model plan in this revenue procedure includes optional provisions in Section 6.4(a) through (d) to allow contract exchanges with an issuer that is not receiving contributions. See Section 6.4(d) of the model language for the type of information that would satisfy the information sharing agreement conditions in § 1.403(b)-1 O(b )(2)(i)(C)(l) and (~) of the 2007 regulations. SECTION 9. COMMENTS REQUESTED Treasury and IRS are interested in receiving comments on the model language contained in this revenue procedure and any other model language that interested parties believe should be added to this revenue procedure. Comments are specifically requested on the following questions. While the model language has generally been prepared for use by employers based on provisions commonly found in defined contribution retirement plans, are there additional provisions which should be added to reflect features that are widely used? Are there changes that should especially be made to reflect the circumstances applicable to public schools, including not only revised versions of the model language, but also whether additional provisions are necessary or appropriate for them? Should the provisions found in section 7.3 of the model language, which have been prepared to satisfy the 2007 final regulations requirements for the plan document to reflect the available vendors, be expanded, including changes to reflect the special relief in section 8 of this revenue procedure? Comments should be sent to the following address: Internal Revenue Service, Attn: CC:PA:LPD:PR (Rev. Proc. 2007-71), Room 5203, P. O. Box 7604, Ben Franklin 10 Station, Washington, DC 20044. Written comments may be hand delivered Monday through Friday between 8 a.m. and 4 p.m. to: Internal Revenue Service, Courier's Desk, Attn: CC:PA:RU (Section 403(b) Plans), 1111 Constitution Avenue, NW., Washington, DC 20224. Alternatively, written comments may be submitted electronically via the Internet to notice.comments@irscounsel.treas.gov (Rev. Proc. 2007-71). Comments should be received by March 16, 2008. SECTION 10. EFFECTIVE DATE This revenue procedure is effective December 17,2007. DRAFTING INFORMATION The principal author of this revenue procedure is Robert Architect of the Employee Plans, Tax Exempt and Government Entities Division. For further infonnation regarding this revenue procedure, please contact the Employee Plans taxpayer assistance telephone service at (877) 829-5500 (a toll-free number) between the hours of 8:30 am and 4:30 pm Eastern Time, Monday through Friday. Mr. Architect may be e-mailed at RetirementPlanQuestions@irs.gov. APPENDIX FOR REVENUE PROCEDURE 2007-71 MODEL PLAN LANGUAGE Note to sponsors: The model language in this Appendix is designed primarily for use by a public school in order for it to offer its employees the ability to elect to make pre-tax elective deferrals in accordance with § 403(b) of the Internal Revenue Code. (See section 5 of the revenue procedure for use of the model language by an organization that is a tax-exempt organization under § 501 (c)(3) or for a church entity.) In addition, the contributions permitted under the model language are limited to pre-tax elective deferrals, and it is assumed that the plan is maintained on the basis of the calendar year. This model language is not designed for a plan that provides for matching contributions or other employer nonelective contributions, or for adoption by any other type of employer. The model language also includes certain optional alternatives, including an alternative under which the plan may automatically enroll employees for elective deferrals (or alternatively to enroll only employees who file an affirmative 11 election) and an alternative under which the plan may permit a contract issued under the plan by a vendor to whom contributions are made to be exchanged for a contract issued by vendors to whom contributions are not made under the plan. The portions of this Appendix printed in italics are explanatory notes for the benefit of the public school plan sponsor and thus are not to be included in the model plan document. In addition, certain items indicated by brackets can be filled in by the plan sponsor as appropriate. Section 403(b) Model Plan Language for a Public School Section 1 Definition of Terms Used The following words and terms, when used in the Plan, have the meaning set forth below. 1.1 "Account": The account or accumulation maintained for the benefit of any Participant or Beneficiary under an Annuity Contract or a Custodial Account. 1.2 "Account Balance": The bookkeeping account maintained for each Participant which reflects the aggregate amount credited to the Participant's Account under all Accounts, including the Participant's Elective Deferrals, the earnings or loss of each Annuity Contract or a Custodial Account (net of expenses) allocable to the Participant, any transfers for the Participant's benefit, and any distribution made to the Participant or the Participant's Beneficiary. If a Participant has more than one Beneficiary at the time of the Participant's death, then a separate Account Balance sha1l be maintained for each Beneficiary. The Account Balance includes any account established under Section 6 for rollover contributions and plan-to-plan transfers made for a Participant, the account established for a Beneficiary after a Participant's death, and any account or accounts established for an alternate payee (as defined in section 414(p )(8) of the Code). Note: A vendor is not required to maintain a separate account for each beneficiary in order to satisfy § 401 (a)(9) , but this sample plan language provides for such separate accounts so that installment payments are permitted to be made over each beneficiary's life expectancy as permitted under § 1.401(a)(9)-8, A-2(a)(2) of the Income Tax Regulations. However, because, under the sample plan language, each separate account is permitted to have only a single beneficiary, certain beneficiary designations are not permitted under the sample plan language, such as a death benefit in the form of a fixed dollar payment that is not determined as of the date of death and that is not to be maintained in a separate account to which gains and losses are credited. 1.3 "Administrator": [INSERT IDENTITY OF PERSON, COMMITTEE, OR ORGANIZA TION APPOINTED TO ADMINISTER THE PLAN]. 12 1.4 "Annuity Contract": A nontransferable contract as defined in section 403(b)( 1) of the Code, established for each Participant by the Employer, or by each Participant individually, that is issued by an insurance company qualified to issue annuities in [Insert name of State] and that includes payment in the form of an annuity. 1.5 "Beneficiary": The designated person who is entitled to receive benefits under the Plan after the death of a Participant, subject to such additional rules as may be set forth in the Individual Agreements. 1.6 "Custodial Account": The group or individual custodial account or accounts, as defined in section 403(b )(7) of the Code, established for each Participant by the Employer, or by each Participant individually, to hold assets of the Plan. 1.7 "Code": The Internal Revenue Code of 1986, as now in effect or as hereafter amended. All citations to sections of the Code are to such sections as they may from time to time be amended or renumbered. 1.8 "Compensation": All cash compensation for services to the Employer, including salary, wages, fees, commissions, bonuses, and overtime pay, that is includible in the Employee's gross income for the calendar year, plus amounts that would be cash compensation for services to the Employer includible in the Employee's gross income for the calendar year but for a compensation reduction election under section 125, 132(t), 401(k), 403(b), or 457(b) of the Code (including an election under Section 2 made to reduce compensation in order to have Elective Deferrals under the Plan). 1.9 ''Disabled'': The definition of disability provided in the applicable Individual Agreement. 1.10 "Elective Deferral": The Employer contributions made to the Plan at the election of the Participant in lieu of receiving cash compensation. Elective Deferrals are limited to pre-tax salary reduction contributions. 1.11 "Employee": Each individual, whether appointed or elected, who is a common law employee of the Employer performing services for a public school as an employee of the Employer. This definition is not applicable unless the employee's compensation for performing services for a public school is paid by the Employer. Further, a person occupying an elective or appointive public office is not an employee performing services for a public school unless such office is one to which an individual is elected or appointed only if the individual has received training, or is experienced, in the field of education. A public office includes any elective or appointive office of a State or local government. 1.12 "Employer": [NAME OF PUBLIC SCHOOL]. Note: The definitions of "Employee" and "Employer" are specifically tailored for use by a State or local government maintaining a § 403(b) plan for its employees who perform services for a public school and must be modified for use by any other employer. 13 1.13 "Funding Vehicles": The Annuity Contracts or Custodial Accounts issued for funding amounts held under the Plan and specifically approved by Employer for use under the Plan. 1.14 "Includible Compensation": An Employee's actual wages in box 1 of Form W-2 for a year for services to the Employer, but subject to a maximum of $200,000 (or such higher maximum as may apply under section 401(a)(l7) of the Code) and increased (up to the dollar maximum) by any compensation reduction election under section 125, 132(f), 401(k), 403(b), or 457(b) of the Code (including any Elective Deferral under the Plan). The amount of Includible Compensation is determined without regard to any community property laws. 1.15 "Individual Agreement": The agreements between a Vendor and the Employer or a Participant that constitutes or governs a Custodial Account or an Annuity Contract. 1.16 "Participant": An individual for whom Elective Deferrals are currently being made, or for whom Elective Deferrals have previously been made, under the Plan and who has not received a distribution of his or her entire benefit under the Plan. 1.17 "Plan": [INSERT NAME OF PLAN]. 1.18 "Plan year": The calendar year. 1.19 "Related Employer": The Employer and any other entity which is under common control with the Employer under section 414(b) or (c) of the Code. For this purpose, the Employer shall determine which entities are Related Employers based on a reasonable, good faith standard and taking into account the special rules applicable under Notice 89-23, 1989-1 C.B. 654. Note: The definition of "Related Employer" is specifically tailored for use by a State or local government maintaining a § 403(b) plan/or its employees who perform services for a public school and must be modified/or use by any other employer by deleting the sentence in Section 1. 19 that begins "For this purpose '" " because Notice 89-23 only applies to employers that are State or local public schools and churches. See § 1.414(c)-5 of the Income Tax Regulations (and the related discussion at pages 41137 and 41138 of the Federal Register (72 FR 41128) in the preamble to those regulations) . 1.20 "Severance from Employment": For purpose of the Plan, Severance from Employment means Severance from Employment with the Employer and any Related Entity. However, a Severance from Employment also occurs on any date on which an Employee ceases to be an employee of a public school, even though the Employee may continue to be employed by a Related Employer that is another unit of the State or local government that is not a public school or in a capacity that is not employment with a 14 public school (e.g., ceasing to be an employee performing services for a public school but continuing to work for the same State or local government employer). Note: The definition of "Severance from Employment" is specifically tailored for use by a State or local government maintaining a § 403(b) plan for its employees who perform services for a public school and must be modified for use by any other employer. 1.21 "Vendor": The provider of an Annuity Contract or Custodial Account. 1.22 "Valuation Date": [Each business day/The last day of the calendar month/The last day of the calendar quarter/ Each December 31]. Section 2 Participation and Contributions 2.1 Eligibility. Each Employee shall be eligible to participate in the Plan and elect to have Elective Deferrals made on his or her behalf hereunder immediately upon becoming employed by the Employer. However, an Employee who is a student-teacher (i.e., a person providing service as a teacher's aid on a temporary basis while attending a school, college or university) or who normally works fewer than 20 hours per week is not eligible to participate in the Plan. An Employee normally works fewer than 20 hours per week if, for the 12-month period beginning on the date the employee's employment commenced, the Employer reasonably expects the Employee to work fewer than 1,000 hours of service (as defined under section 410(a)(3)(C) of the Code) and, for each plan year ending after the close of that 12-month period, the Employee has worked fewer than 1,000 hours of service. Note: This model language assumes that the plan has immediate eligibility, that the plan is limited to pre-tax elective deferrals, and that the plan has no matching or other employer non-elective contributions. The model language in Section 2.1 also assumes that employees who normally work fewer than 20 hours per week or who are student-teachers are not eligible. Either of these exclusions may be deleted on a uniform basis for all employees. If this model language is used by a § 501 (c)(3) employer that is not a public school and the plan is subject to ERISA, the plan should delete the exclusion for employees who normally work fewer than 20 hours per week. 2.2 Compensation Reduction Election. (a) General Rule. An Employee elects to become a Participant by executing an election to reduce his or her Compensation (and have that amount contributed as an Elective Deferral on his or her behalf) and filing it with the Administrator. This Compensation reduction election shall be made on the agreement provided by the Administrator under which the Employee agrees to be bound by all the terms and conditions of the Plan. The Administrator may establish an annual minimum deferral amount no higher than $200, and may change such minimum to a lower amount from time to time. The participation election shall also include designation of the Funding Vehicles and Accounts therein to which Elective Deferrals are to be made 15 and a designation of Beneficiary. Any such election shall remain in effect until a new election is filed. Only an individual who performs services for the Employer as an Employee may reduce his or her Compensation under the Plan. Each Employee will become a Participant in accordance with the terms and conditions of the Individual Agreements. All Elective Deferrals shall be made on a pre-tax basis. An Employee shall become a Participant as soon as administratively practicable following the date applicable under the employee's election. (b) Special Rule for New Employees. (1) Automatic Enrollment for New Employees. For purposes of applying this Section 2.2, a new Employee is deemed to have elected to become a Participant and to have his or her Compensation reduced by [5%] (and have that amount contributed as an Elective Deferral on his or her behalf), at the time the Employee is hired, and to have agreed to be bound by all the terms and conditions of the Plan. Contributions made under this automatic participation provision shall be made to the Funding Vehicle or Vehicles selected for this purpose for all new Employees by the Administrator. Any Employee who automatically becomes a Participant under this Section 2.2(b) shall file a designation of Beneficiary with the Funding Vehicle or Vehicles to which contributions are made. (2) Right to File a Different Election; Notice to Employee. This Section 2.2(b) shall not apply to the extent an Employee files an election for a different percentage reduction or elects to have no Compensation reduction, or designates a different Funding Vehicle to receive contributions made on his or her behalf. Any new Employee shall receive a statement at the time he or she is hired that describes the Employee's rights and obligations under this Section 2.2(b) (including the information in this Section 2.2(b) and identification of how the Employee can file an election or make a designation as described in the preceding sentence, and the refund right under Section 2.2(b )(3), including the specific name and location of the person to whom any such election or designation may be filed), and how the contributions under this Section 2.2(b) will be invested. (3) Refund of Contributions. An Employee for whom contributions have been automatically made under Section 2.2(b)( 1) may elect to withdraw all of the contributions made on his or her behalf under Section 2.2(b)( 1), including earnings thereon to the date of the withdrawal. This withdrawal right is available only if the withdrawal election is made within 90 days after the date of the first contribution made under Section 2.2(b)(1). Note: Section 2.2(b) is an optional provision that provides for any new employee to be automatically enrolled in the Plan, with 5% of Compensation to be contributed to the Plan, unless the employee elects otherwise. See §§ 414(w) and 4979(j) of the Code for special relief that applies to a plan that uses automatic enrollment, as provided in Section 2.2(b). Plan sponsors should make any revisions in this optional provision that may be necessary in order to take into account any additional guidance that may be provided by the Treasury Department or the IRS regarding automatic enrollment under §§ 414(w) and 4979(j) of the Code. 16 2.3 Information Provided by the Employee. Each Employee enrolling in the Plan should provide to the Administrator at the time of initial enrollment, and later if there are any changes, any information necessary or advisable for the Administrator to administer the Plan, including any information required under the Individual Agreements. 2.4 Change in Elective Deferrals Election. Subject to the provisions of the applicable Individual Agreements, an Employee may at any time revise his or her participation election, including a change of the amount of his or her Elective Deferrals, his or her investment direction, and his or her designated Beneficiary. A change in the investment direction shall take effect as of the date provided by the Administrator on a uniform basis for all Employees. A change in the Beneficiary designation shall take effect when the election is accepted by the Vendor. 2.5 Contributions Made Promptly. Elective Deferrals under the Plan shall be transferred to the applicable Funding Vehicle within 15 business days following the end of the month in which the amount would otherwise have been paid to the Participant. 2.6 Leave of Absence. Unless an election is otherwise revised, if an Employee is absent from work by leave of absence, Elective Deferrals under the Plan shall continue to the extent that Compensation continues. Note: If this Section 2 is adopted separately, the following definitions from Section 1 should also be adopted: Account, Administrator, Beneficiary, Compensation, Elective Deferral, Employee, Employer, Funding Vehicles, Individual Agreement, Participant, Plan, and Vendor. Section 3 Limitations on Amounts Deferred 3.1 Basic Annual Limitation. Except as provided in Sections 3.2 and 3.3, the maximum amount of the Elective Deferral under the Plan for any calendar year shall not exceed the lesser of (a) the applicable dollar amount or (b) the Participant's Includible Compensation for the calendar year. The applicable dollar amount is the amount established under section 402(g)(l )(B) of the Code, which is $15,500 for 2007, and is adjusted for cost-of-living after 2007 to the extent provided under section 415( d) of the Code. 3.2 Special Section 403(b) Catch-up Limitation for Employees With 15 Years of Service. Because the Employer is a qualified organization (within the meaning of § 1.403(b )-4( c )(3 )(ii) of the Income Tax Regulations), the applicable dollar amount under Section 3.1(a) for any "qualified employee" is increased (to the extent provided in the Individual Agreements) by the least of: (a) $3,000; (b) The excess of: 17 (l) $15,000, over (2) The total special 403(b) catch-up elective deferrals made for the qualified employee by the qualified organization for pnor years; or (c) The excess of: (l) $5,000 multiplied by the number of years of service of the employee with the qualified organization, over (2) The total Elective Deferrals made for the employee by the qualified organization for prior years. For purposes of this Section 3.2, a "qualified employee" means an employee who has completed at least 15 years of service taking into account only employment with the Employer. Note: Section 3.2 is specifically written for use by a State or local government maintaining a § 403(b) plan for its employees who perform services for a public school and, if used by a § 501 (c)(3) employer, must be limited to cases in which the Employer is a "qualified organization" under § 1.403(b)-4(c)(3)(iU) of the Income Tax Regulations. 3.3 Age 50 Catch-up Elective Deferral Contributions. An Employee who is a Participant who will attain age 50 or more by the end of the calendar year is permitted to elect an additional amount of Elective Deferrals, up to the maximum age 50 catch-up Elective Deferrals for the year. The maximum dollar amount of the age 50 catch-up Elective Deferrals for a year is $5,000 for 2007, and is adjusted for cost-of-living after 2007 to the extent provided under the Code. 3.4 Coordination. Amounts in excess of the limitation set forth in Section 3.1 shall be allocated first to the speciaI403(b) catch-up under Section 3.2 and next as an age 50 catch-up contribution under Section 3.3. However, in no event can the amount of the Elective Deferrals for a year be more than the Participant's Compensation for the year. 3.5 Special Rule for a Participant Covered by Another Section 403(b) Plan. For purposes of this Section 3, if the Participant is or has been a participant in one or more other plans under section 403(b) of the Code (and any other plan that permits elective deferrals under section 402(g) of the Code), then this Plan and all such other plans shall be considered as one plan for purposes of applying the foregoing limitations of this Section 3. For this purpose, the Administrator shall take into account any other such plan maintained by any Related Employer and shall also take into account any other such plan for which the Administrator receives from the Participant sufficient information concerning his or her participation in such other plan. Notwithstanding the foregoing, another plan maintained by a Related Entity shall be taken into account for purposes of Section 3.2 only if the other plan is a § 403(b) plan. 3.6 Correction of Excess Elective Deferrals. If the Elective Deferral on behalf of a Participant for any calendar year exceeds the limitations described above, or the 18 Elective Deferral on behalf of a Participant for any calendar year exceeds the limitations described above when combined with other amounts deferred by the Participant under another plan of the employer under section 403(b) of the Code (and any other plan that permits elective deferrals under section 402(g) of the Code for which the Participant provides information that is accepted by the Administrator), then the Elective Deferral, to the extent in excess of the applicable limitation (adjusted for any income or loss in value, if any, allocable thereto), shall be distributed to the Participant. Note: Corrective distributions are generally required to be made within 212 months after the end of the calendar year, but can be made within 6 months after the end of the calendar year if the plan uses the optional provision at Section 2.2(b) and otherwise constitutes an eligible automatic contribution arrangement. See §§ 414(w)(3) and 4979(j) of the Code. 3.7 Protection of Persons Who Serve in a Uniformed Service. An Employee whose employment is interrupted by qualified military service under section 414(u) of the Code or who is on a leave of absence for qualified military service under section 414(u) of the Code may elect to make additional Elective Deferrals upon resumption of employment with the Employer equal to the maximum Elective Deferrals that the Employee could have elected during that period if the Employee's employment with the Employer had continued (at the same level of Compensation) without the interruption or leave, reduced by the Elective Deferrals, if any, actually made for the Employee during the period of the interruption or leave. Except to the extent provided under section 414(u) of the Code, this right applies for five years following the resumption of employment (or, if sooner, for a period equal to three times the period of the interruption or leave). Note: If this Section 3 is adopted separately, the/ollowing definitions from Section 1 should also be adopted: Administrator, Code, Compensation, Elective Deferral, Employee, Employer, Includible Compensation, Participant, Plan, and Related Employer. Section 4 Loans 4.1 Loans. Loans shall be permitted under the Plan to the extent permitted by the Individual Agreements controlling the Account assets from which the loan is made and by which the loan will be secured. 4.2 Information Coordination Concerning Loans. Each Vendor is responsible for all information reporting and tax withholding required by applicable federal and state law in connection with distributions and loans. To minimize the instances in which Particpants have taxable income as a result of loans from the Plan, the Administrator shall take such steps as may be appropriate to coordinate the limitations on loans set forth in Section 4.3, including the collection of information from Vendors, and transmission of information requested by any Vendor, concerning the outstanding balance of any loans made to a Participant under the Plan or any other plan of the Employer. The 19 Administrator shall also take such steps as may be appropriate to collect information from Vendors, and transmission of information to any Vendor, concerning any fail ure by a Participant to repay timely any loans made to a Participant under the Plan or any other plan of the Employer. 4.3 Maximum Loan Amount. No loan to a Participant under the Plan may exceed the lesser of: (a) $50,000, reduced by the greater of (i) the outstanding balance on any loan from the Plan to the Participant on the date the loan is made or (ii) the highest outstanding balance on loans from the Plan to the Participant during the one-year period ending on the day before the date the loan is approved by the Administrator (not taking into account any payments made during such one-year period); or (b) one half of the value of the Participant's vested Account Balance (as of the valuation date immediately preceding the date on which such loan is approved by the Administrator). For purposes of this Section 4.3, any loan from any other plan maintained by the Employer and any Related Employer shall be treated as if it were a loan made from the Plan, and the Participant's vested interest under any such other plan shall be considered a vested interest under this Plan; provided, however, that the provisions of this paragraph shall not be applied so as to allow the amount of a loan to exceed the amount that would otherwise be permitted in the absence of this paragraph. Note: Loans are included in taxable income under certain conditions, including: if the loan, when combined with the balance of all other loans from plans of the employer, exceeds the limitations described in Section 4.3; or if there is afailure to repay the loan in accordance with the repayment schedule. Because the tax treatment of a loan depends on information concerning aggregate loan balances under all annuity contracts and custodial accounts within the Plan (and under all plans of the employer), information about loan balances under the contracts and accounts of other vendors is needed before making a loan. That information may be obtained from the participant, but this sample language provides for the Administrator also to collect and coordinate that information in order to decrease the instances in which participants have taxable income from plan loans. Note: See § 1. 72(p)-1 of the Income Tax Regulationsfor thefederal income tax treatment of loans generally. Note: If this Section 4 is adopted separately, thefollowing definitions from Section 1 should also be adopted: Account, Administrator, Account Balance, Employer, Individual Agreement, Participant, Plan, Related Employer, Valuation Date, and Vendor. Section 5 Benefit Distributions 20 5.1 Benefit Distributions At Severance from Employment or Other Distribution Event. Except as permitted under Section 3.6 (relating to excess Elective Deferrals), Section 5.4 (relating to withdrawals of amounts rolled over into the Plan), Section 5.5 (relating to hardship), or Section 8.3 (relating to termination of the Plan), distributions from a Participant's Account may not be made earlier than the earliest of the date on which the Participation has a Severance from Employment, dies, becomes Disabled, or attains age 5912. Distributions shall otherwise be made in accordance with the terms of the Individual Agreements. 5.2 Small Account Balances. The terms of the Individual Agreement may permit distributions to be made in the form of a lump-sum payment, without the consent of the Participant or Beneficiary, but no such payment may be made without the consent of the Participant or Beneficiary unless the Account Balance does not exceed $5,000 (determined without regard to any separate account that holds rollover contributions under Section 6.1) and any such distribution shall comply with the requirements of section 40l(a)(31)(B) of the Code (relating to automatic distribution as a direct rollover to an individual retirement plan for distributions in excess of $1 ,000). 5.3 Minimum Distributions. Each Individual Agreement shall comply with the minimum distribution requirements of section 401(a)(9) of the Code and the regulations thereunder. For purposes of applying the distribution rules of section 401(a)(9) of the Code, each Individual Agreement is treated as an individual retirement account (IRA) and distributions shall be made in accordance with the provisions of § 1.408-8 of the Income Tax Regulations, except as provided in § 1.403(b)-6(e) of the Income Tax Regulations. Note: This Section 5.3 assumes that each individual agreement with a vendor complies with the minimum distribution requirements of§ 401 (a)(9) of the Code. See section 5 of the Appendixfor Rev. Proc. 2004-56, 2004-2 CB. 37, for model language that may be used to set forth the minimum distribution requirements of§ 401 (a)(9) of the Code. 5.4 In-Service Distributions From Rollover Account. If a Participant has a separate account attributable to rollover contributions to the plan, to the extent permitted by the applicable Individual Agreement, the Participant may at any time elect to receive a distri bution of all or any portion of the amount held in the rollover account. Note: A plan is not required to permit in-service distribution from a rollover account. See Rev. Ru!. 2004-12, 2004-1 CB. 478. 5.5 Hardship Withdrawals. (a) Hardship withdrawals shall be permitted under the Plan to the extent permitted by the Individual Agreements controlling the Account assets to be withdrawn to satisfy the hardship. If applicable under an Individual Agreement, no Elective Deferrals shall be allowed under the Plan during the 6-month period beginning on the date the Participant receives a distribution on account of 21 hardship. (b) The Individual Agreements shall provide for the exchange of information among the Employer and the Vendors to the extent necessary to implement the Individual Agreements, including, in the case of a hardship withdrawal that is automatically deemed to be necessary to satisfy the Participant's financial need (pursuant to § lAO I (k)I (d)(3)(iv)(E) of the Income Tax Regulations), the Vendor notifying the Employer of the withdrawal in order for the Employer to implement the resulting 6-month suspension of the Participant's right to make Elective Deferrals under the Plan. In addition, in the case of a hardship withdrawal that is not automatically deemed to be necessary to satisfy the financial need (pursuant to § lAO I (k)-l (d)(3 )(iii)(B) of the Income Tax Regulations), the Vendor shall obtain information from the Employer or other Vendors to determine the amount of any plan loans and rollover accounts that are available to the Participant under the Plan to satisfy the financial need. 5.6 Rollover Distributions. (a) A Participant or the Beneficiary of a deceased Participant (or a Participant's spouse or former spouse who is an alternate payee under a domestic relations order, as defined in section 414(p) of the Code) who is entitled to an eligible rollover distribution may elect to have any portion of an eligible rollover distribution (as defined in section 402(c)(4) of the Code) from the Plan paid directly to an eligible retirement plan (as defined in section 402(c)(8)(B) of the Code) specified by the Participant in a direct rollover. In the case of a distribution to a Beneficiary who at the time of the Participant's death was neither the spouse of the Participant nor the spouse or former spouse of the participant who is an alternate payee under a domestic relations order, a direct rollover is payable only to an individual retirement account or individual retirement annuity (IRA) that has been established on behalf of the Beneficiary as an inherited IRA (within the meaning of section 408(d)(3)(C) of the Code). (b) Each Vendor shall be separately responsible for providing, within a reasonable time period before making an initial eligible rollover distribution, an explanation to the Participant of his or her right to elect a direct rollover and the income tax withholding consequences of not electing a direct rollover. Note: Section 402(f) of the Code requires a plan administrator to provide a written explanation to any recipient of an eligible rollover distribution. The written explanation must cover the direct rollover rules, the mandatory income tax withholding on distributions not directly rolled over, the tax treatment of distributions not rolled over (including the special tax treatment available for certain lump sum distributions), and when distributions may be subject to different restrictions and tax consequences after being rolled over. Section 402(f) provides that this explanation must be given within a reasonable period of time before the plan makes an eligible rollover distribution. See Notice 2002-3, 2002-1 C.B. 289, that contains a Safe Harbor Explanation that plan administrators may provide to recipients of eligible rollover distributions from employer plans in order to satisfy the notice requirement. Note: See generally § 1.403(b)-6 of the Income Tax Regulations for rules relating to restrictions on distributions. 22 Note: If this Section 5 is adopted separately, the following definitions from Section 1 should also be adopted: Account, Account Balance, Beneficiary, Code, Disabled, Elective Deferral, Employer, Individual Agreement, Participant, Plan, Severance from Employment, and Vendor. Section 6 Rollovers to the Plan and Transfers 6.1 Eligible Rollover Contributions to the Plan. (a) Eligible Rollover Contributions. To the extent provided in the Individual Agreements, an Employee who is a Participant who is entitled to receive an eligible rollover distribution from another eligible retirement plan may request to have all or a portion of the eligible rollover distribution paid to the Plan. Such rollover contributions shall be made in the form of cash only. The Vendor may require such documentation from the distributing plan as it deems necessary to effectuate the rollover in accordance with section 402 of the Code and to confirm that such plan is an eligible retirement plan within the meaning of section 402( c)(8)(8) of the Code. However, in no event does the Plan accept a rollover contribution from a Roth elective deferral account under an applicable retirement plan described in section 402A( e)(1) of the Code or a Roth IRA described in section 408A of the Code. Note: This provision does not permit rollovers to be accepted from a Roth elective deferral account or a Roth IRA because the Plan does not provide for designated Roth contributions. (b) Eligible Rollover Distribution. For purposes of Section 6.1 (a), an eligible rollover distribution means any distribution of all or any portion of a Participant's benefit under another eligible retirement plan, except that an eligible rollover distribution does not include (1) any installment payment for a period of 10 years or more, (2) any distribution made as a result of an unforeseeable emergency or other distribution which is made upon hardship of the employee, or (3) for any other distribution, the portion, if any, of the distribution that is a required minimum distribution under section 401 (a)(9) of the Code. In addition, an eligible retirement plan means an individual retirement account described in section 408(a) of the Code, an individual retirement annuity described in section 408(b) of the Code, a qualified trust described in section 401(a) of the Code, an annuity plan described in section 403(a) or 403(b) of the Code, or an eligible governmental plan described in section 457(b) of the Code, that accepts the eligible rollover distribution. (c) Separate Accounts. The Vendor shall establish and maintain for the Participant a separate account for any eligible rollover distribution paid to the Plan. 6.2 Plan-to-Plan Transfers to the Plan. (a) At the direction of the Employer, for a class of Employees who are participants or beneficiaries in another plan under section 403(b) of the Code, the Administrator may permit a transfer of assets to the Plan 23 as provided in this Section 6.2. Such a transfer is permitted only if the other plan provides for the direct transfer of each person's entire interest therein to the Plan and the participant is an employee or former employee of the Employer. The Administrator and any Vendor accepting such transferred amounts may require that the transfer be in cash or other property acceptable to it. The Administrator or any Vendor accepting such transferred amounts may require such documentation from the other plan as it deems necessary to effectuate the transfer in accordance with § 1.403(b)-1 O(b )(3) of the Income Tax Regulations and to confirm that the other plan is a plan that satisfies section 403(b) of the Code. (b) The amount so transferred shall be credited to the Participant's Account Balance, so that the Participant or Beneficiary whose assets are being transferred has an accumulated benefit immediately after the transfer at least equal to the accumulated benefit with respect to that Participant or Beneficiary immediately before the transfer. (c) To the extent provided in the Individual Agreements holding such transferred amounts, the amount transferred shall be held, accounted for, administered and otherwise treated in the same manner as an Elective Deferral by the Participant under the Plan, except that (1) the Individual Agreement which holds any amount transferred to the Plan must provide that, to the extent any amount transferred is subject to any distribution restrictions required under section 403(b) of the Code, the Individual Agreement must impose restrictions on distributions to the Participant or Beneficiary whose assets are being transferred that are not less stringent than those imposed on the transferor plan and (2) the transferred amount shall not be considered an Elective Deferral under the Plan in determining the maximum deferral under Section 3. Note: This provision limits transfer to the plan to cases involving a class of participants whose entire benefit is being transferred, such as where employees are being transferred from another employer to employment with the employer maintaining this plan and the portion of the other plan held on their behalf is being merged into this plan. Plan-to-plan transfers are not required to be limited to such situations. See § 1.403(b)10(b)(3) of the Income Tax Regulationsfor rules relating to plan-to-plan transfers among § 403(b) plans and, in the case ofplans that are subject to ERISA, see also § 1.414(1}-1 of the Income Tax Regulations. 6.3 Plan-to-Plan Transfers from the Plan. (a) At the direction of the Employer, the Administrator may permit a class of Participants and Beneficiaries to elect to have all or any portion of their Account Balance transferred to another plan that satisfies section 403(b) of the Code in accordance with § 1.403(b )-1 O(b )(3) of the Income Tax Regulations. A transfer is permitted under this Section 6.3(a) only if the Participants or Beneficiaries are employees or former employees of the employer (or the business of the employer) under the receiving plan and the other plan provides for the acceptance of plan-to-plan transfers with respect to the Participants and Beneficiaries and for each Participant and Beneficiary to have an amount 24 deferred under the other plan immediately after the transfer at least equal to the amount transferred. (b) The other plan must provide that, to the extent any amount transferred is subject to any distribution restrictions required under section 403(b) of the Code, the other plan shall impose restrictions on distributions to the Participant or Beneficiary whose assets are transferred that are not less stringent than those imposed under the Plan. In addition, if the transfer does not constitute a complete transfer of the Participant's or Beneficiary's interest in the Plan, the other plan shall treat the amount transferred as a continuation of a pro rata portion of the Participant's or Beneficiary's interest in the transferor plan (e.g., a pro rata portion of the Participant's or Beneficiary's interest in any after-tax employee contributions). (c) Upon the transfer of assets under this Section 6.3, the Plan's liability to pay benefits to the Participant or Beneficiary under this Plan shall be discharged to the extent of the amount so transferred for the Participant or Beneficiary. The Administrator may require such documentation from the receiving plan as it deems appropriate or necessary to comply with this Section 6.3 (for example, to confirm that the receiving plan satisfies section 403(b) of the Code and to assure that the transfer is permitted under the receiving plan) or to effectuate the transfer pursuant to § I A03(b)-lO(b)(3) of the Income Tax Regulations. Note: This provision limits transfer from the plan to cases involving a class of participants whose entire benefit is being transferred, such as where employees are being transferred from employment with the employer maintaining this plan to another employer and the portion of the plan held on their behalf is being merged into another plan. Plan-to-plan transfers are not required to be limited to such situations. See § 1.403(b)-10(b)(3) of the Income Tax Regulationsfor rules relating to plan-to-plan transfers among § 403(b) plans and, in the case ofplans that are subject to ERISA, see also § 1.414(1}-1 of the Income Tax Regulations. 6.4 Contract and Custodial Account Exchanges. (a) A Participant or Beneficiary is permitted to change the investment of his or her Account Balance among the Vendors under the Plan, subject to the terms of the Individual Agreements. However, an investment change that includes an investment with a Vendor that is not eligible to receive contributions under Section 2 (referred to below as an exchange) is not permitted unless the conditions in paragraphs (b) through (d) of this Section 6.4 are satisfied. (b) The Participant or Beneficiary must have an Account Balance immediately after the exchange that is at least equal to the Account Balance of that Participant or Beneficiary immediately before the exchange (taking into account the Account Balance of that Participant or Beneficiary under both section 403(b) contracts or custodial accounts immediately before the exchange). 25 (c) The Individual Agreement with the receiving Vendor has distribution restrictions with respect to the Participant that are not less stringent than those imposed on the investment being exchanged. (d) The Employer enters into an agreement with the receiving Vendor for the other contract or custodial account under which the Employer and the Vendor will from time to time in the future provide each other with the following information: (1) Information necessary for the resulting contract or custodial account, or any other contract or custodial accounts to which contributions have been made by the Employer, to satisfy section 403(b) of the Code, including the following: (i) the Employer providing information as to whether the Participant's employment with the Employer is continuing, and notifying the Vendor when the Participant has had a Severance from Employment (for purposes of the distribution restrictions in Section 5.1); (ii) the Vendor notifying the Employer of any hardship withdrawal under Section 5.5 if the withdrawal results in a 6-month suspension of the Participant's right to make Elective Deferrals under the Plan; and (iii) the Vendor providing information to the Employer or other Vendors concerning the Participant's or Beneficiary's section 403(b) contracts or custodial accounts or qualified employer plan benefits (to enable a Vendor to determine the amount of any plan loans and any rollover accounts that are available to the Participant under the Plan in order to satisfy the financial need under the hardship withdrawal rules of Section 5.5); and (2) Information necessary in order for the resulting contract or custodial account and any other contract or custodial account to which contributions have been made for the Participant by the Employer to satisfy other tax requirements, including the following: (i) the amount of any plan loan that is outstanding to the Participant in order for a Vendor to determine whether an additional plan loan satisfies the loan limitations of Section 4.3, so that any such additional loan is not a deemed distribution under section 72(p)(l); and (ii) information concerning the Participant's or Beneficiary's after-tax employee contributions in order for a Vendor to determine the extent to which a distribution is includible in gross income. (e) Ifany Vendor ceases to be eligible to receive Elective Deferrals under the Plan, the Employer will enter into an information sharing agreement as described in Section 6.4(d) to the extent the Employer's contract with the Vendor does not provide for the exchange of information described in Section 6.4( d)(l) and (2). Note: Section 6.4(a) through (d) are optional provisions for a plan that chooses to allow participants to exchange all or a portion of their account balance with vendors with respect to which the plan has no regular contact, i.e., insurance companies or mutual funds that do not receive regular contributions made for participants. Note also that additional information would be necessary in the case of an exchange involving a designated Roth account. See generally § 1.403(b)-IO(b)(2) of the Income Tax Regulations for rules relating to exchanges of contracts. 26 6.S Permissive Service Credit Transfers. (a) Ifa Participant is also a participant in a tax-qualified defined benefit governmental plan (as defined in section 414( d) of the Code) that provides for the acceptance of plan-to-plan transfers with respect to the Participant, then the Participant may elect to have any portion of the Participant's Account Balance transferred to the defined benefit governmental plan. A transfer under this Section 6.S(a) may be made before the Participant has had a Severance from Employment. (b) A transfer may be made under Section 6.S(a) only if the transfer is either for the purchase of permissive service credit (as defined in section 41S(n)(3)(A) of the Code) under the receiving defined benefit governmental plan or a repayment to which section 41S of the Code does not apply by reason of section 41S(k)(3) of the Code. (c) In addition, if a plan-to-plan transfer does not constitute a complete transfer of the Participant's or Beneficiary's interest in the transferor plan, the Plan shall treat the amount transferred as a continuation of a pro rata portion of the Participant's or Beneficiary's interest in the transferor plan (e.g., a pro rata portion of the Participant's or Beneficiary's interest in any after-tax employee contributions). Note: See § 1.403(b)-IO(b)(4) of the Income Tax Regulationsfor rules relating to transfers for permissive service credit. Note: If this Section 6 is adopted separately, the following definitions from Section 1 should also be adopted: Administrator, Account Balance, Beneficiary, Code, Elective Deferral, Employee, Employer, Individual Agreement, Participant, Plan, Severance from Employment, and Vendor. Section 7 Investment of Contributions 7.1 Manner of Investment. All Elective Deferrals or other amounts contributed to the Plan, all property and rights purchased with such amounts under the Funding Vehicles, and all income attributable to such amounts, property, or rights shall be held and invested in one or more Annuity Contracts or Custodial Accounts. Each Custodial Account shall provide for it to be impossible, prior to the satisfaction of all liabilities with respect to Participants and their Beneficiaries, for any part of the assets and income of the Custodial Account to be used for, or diverted to, purposes other than for the exclusive benefit of Participants and their Beneficiaries. 7.2 Investment of Contributions. Each Participant or Beneficiary shall direct the investment of his or her Account among the investment options available under the Annuity Contract or Custodial Account in accordance with the terms of the Individual Agreements. Transfers among Annuity Contracts and Custodial Accounts may be made to the extent provided in the Individual Agreements and permitted under applicable Income Tax Regulations. 27 Note: See generally § 1.403(b)-8 of the Income Tax Regulations for rules relating to funding. Note: If this Section 7 is adopted separately, the following definitions from Section 1 should also be adopted: Annuity Contract, Beneficiary, Custodial Account, Individual Agreement, Elective Deferral, Participant, and Plan. 7.3 Current and Former Vendors. The Administrator shall maintain a list of all Vendors under the Plan. Such list is hereby incorporated as part of the Plan. Each Vendor and the Administrator shall exchange such information as may be necessary to satisfy section 403(b) of the Code or other requirements of applicable law. In the case of a Vendor which is not eligible to receive Elective Deferrals under the Plan (including a Vendor which has ceased to be a Vendor eligible to receive Elective Deferrals under the Plan and a Vendor holding assets under the Plan in accordance with Section 6.2 or 6.4), the Employer shall keep the Vendor informed of the name and contact information of the Administrator in order to coordinate information necessary to satisfy section 403(b) of the Code or other requirements of applicable law. Section 8 Amendment and Plan Termination 8.1 Termination of Contributions. The Employer has adopted the Plan with the intention and expectation that contributions will be continued indefinitely. However, the Employer has no obligation or liability whatsoever to maintain the Plan for any length of time and may discontinue contributions under the Plan at any time without any liability hereunder for any such discontinuance. 8.2 Amendment and Termination. The Employer reserves the authority to amend or terminate this Plan at any time. 8.3 Distribution upon Termination of the Plan. The Employer may provide that, in connection with a termination of the Plan and subject to any restrictions contained in the Individual Agreements, all Accounts will be distributed, provided that the Employer and any Related Employer on the date of termination do not make contributions to an alternative section 403(b) contract that is not part of the Plan during the period beginning on the date of plan termination and ending 12 months after the distribution of all assets from the Plan, except as permitted by the Income Tax Regulations. Note: See generally § 1.403(b)-IO(a) of the Income Tax Regulations for rules relating to discontinuance of contributions and plan termination. Note: If this Section 8 is adopted separately, the following definitions from Section 1 should also be adopted.' Account, Employer, Individual Agreement, Plan, and Related Employer. Section 9 Miscellaneous 28 9.1 Non-Assignability. Except as provided in Section 9.2 and 9.3, the interests of each Participant or Beneficiary under the Plan are not subject to the claims of the Participant's or Beneficiary's creditors; and neither the Participant nor any Beneficiary shall have any right to sell, assign, transfer, or otherwise convey the right to receive any payments hereunder or any interest under the Plan, which payments and interest are expressly declared to be non-assignable and non-transferable. Note: The anti-alienation rules of section 401 (a)(13) of the Code generally do not apply to § 403(b) plans ofpublic schools. but the parallel rule at section 206(d) of ERISA applies to plans that are subject to ERISA. 9.2 Domestic Relation Orders. Notwithstanding Section 9.1, if a judgment, decree or order (including approval of a property settlement agreement) that relates to the provision of child support, alimony payments, or the marital property rights of a spouse or former spouse, child, or other dependent of a Participant is made pursuant to the domestic relations law of any State ("domestic relations order"), then the amount of the Participant's Account Balance shall be paid in the manner and to the person or persons so directed in the domestic relations order. Such payment shall be made without regard to whether the Participant is eligible for a distribution of benefits under the Plan. The Administrator shall establish reasonable procedures for determining the status of any such decree or order and for effectuating distribution pursuant to the domestic relations order. Note: Section 9.2 is specifically written for use by a State or local government maintaining a § 403(b) plan for its employees who perform services for a public school and. ifused by a § 501 (c)(3) employer. must be revised to be limited to cases in which the domestic relations order is "qualified" under § 414(p) of the Code. Note: See generally § 414(p) of the Code and § 1.403(b)-10(c) of the Income Tax Regulations for rules regarding domestic relations orders. 9.3 IRS Levy. Notwithstanding Section 9.1, the Administrator may pay from a Participant's or Beneficiary'S Account Balance the amount that the Administrator finds is lawfully demanded under a levy issued by the Internal Revenue Service with respect to that Participant or Beneficiary or is sought to be collected by the United States Government under a judgment resulting from an unpaid tax assessment against the Participant or Beneficiary. 9.4 Tax Withholding. Contributions to the Plan are subject to applicable employment taxes (including, if applicable, Federal Insurance Contributions Act (FICA) taxes with respect to Elective Deferrals, which constitute wages under section 3121 of the Code). Any benefit payment made under the Plan is subject to applicable income tax withholding requirements (including section 3401 of the Code and the Employment Tax Regulations thereunder). A payee shall provide such information as the Administrator may need to satisfy income tax withholding obligations, and any other information that may be required by guidance issued under the Code. 29 9.5 Payments to Minors and Incompetents. If a Participant or Beneficiary entitled to receive any benefits hereunder is a minor or is adjudged to be legally incapable of giving valid receipt and discharge for such benefits, or is deemed so by the Administrator, benefits will be paid to such person as the Administrator may designate for the benefit of such Participant or Beneficiary. Such payments shall be considered a payment to such Participant or Beneficiary and shall, to the extent made, be deemed a complete discharge of any liability for such payments under the Plan. 9.6 Mistaken Contributions. If any contribution (or any portion of a contribution) is made to the Plan by a good faith mistake of fact, then within one year after the payment of the contribution, and upon receipt in good order of a proper request approved by the Administrator, the amount of the mistaken contribution (adjusted for any income or loss in value, if any, allocable thereto) shall be returned directly to the Participant or, to the extent required or permitted by the Administrator, to the Employer. 9.7 Procedure When Distributee Cannot Be Located. The Administrator shall make all reasonable attempts to determine the identity and address of a Participant or a Participant's Beneficiary entitled to benefits under the Plan. For this purpose, a reasonable attempt means (a) the mailing by certified mail of a notice to the last known address shown on [INSERT NAME OF THE EMPLOYER] 's or the Administrator's records, (b) notification sent to the Social Security Administration or the Pension Benefit Guaranty Corporation (under their program to identify payees under retirement plans), and (c) the payee has not responded within 6 months. If the Administrator is unable to locate such a person entitled to benefits hereunder, or if there has been no claim made for such benefits, the funding vehicle shall continue to hold the benefits due such person. 9.8 Incorporation of Individual Agreements. The Plan, together with the Individual Agreements, is intended to satisfy the requirements of section 403(b) of the Code and the Income Tax Regulations thereunder. Terms and conditions of the Individual Agreements are hereby incorporated by reference into the Plan, excluding those terms that are inconsistent with the Plan or section 403(b) of the Code. 9.9 Governing Law. The Plan will be construed, administered and enforced according to the Code and the laws of the State in which the Employer has its principal place of business. 9.10 Headings. Headings of the Plan have been inserted for convenience of reference only and are to be ignored in any construction of the provisions hereof. 9.11 Gender. Pronouns used in the Plan in the masculine or feminine gender include both genders unless the context clearly indicates otherwise. IN WITNESS WHEREOF, the Employer has caused this Plan to be executed this day of 30 Employer: By: Title: Date signed: Effective Date of the Plan: Note: The provisions in Section 9 are optional provisions that are not required to be adopted. Note: If this Section 9 is adopted separately, the following definitions from Section 1 should also be adopted: Administrator, Account Balance, Beneficiary, Employer, Individual Agreement, Participant, and Plan. 31 hp-699: Treasury Targets Criminal and Financial Network of <br>Southwest Asian Drug Kingpin Page 1 of2 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 27,2007 HP-699 Treasury Targets Criminal and Financial Network of Southwest Asian Drug Kingpin Washington, DC--The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) today announced the designation of 9 individuals and 13 entities associated with Pakistani drug kingpin Shahbaz Khan. Shahbaz Khan was designated as a significant foreign narcotics trafficker by President Bush on June 1, 2007 pursuant to the Foreign Narcotics Kingpin Designation Act ("Kingpin Act"). Shahbaz Khan is currently serving a life sentence in the United Arab Emirates for drug trafficking and an additional five years for money laundering. This is the first derivative designation by OFAC against the criminal and financial network of a designated drug kingpin in the Southwest Asia/Middle East region. "Today's action exposes the international criminal and financial network of a lethal drug kingpin in Southwest Asia," said Adam Szubin, Director of OFAC. "We will continue to work with the international community to identify the financial networks of drug kingpins worldwide and disrupt the flow of their illicit monies through the financial system." Szubin added, "OFAC commends the efforts of UAE authorities to investigate, prosecute and dismantle the drug trafficking organization of Shahbaz Khan." The individuals designated by OFAC today include key criminal associates of Shahbaz Khan who are also in jail in the United Arab Emirates (UAE) for their participation in his drug trafficking activities. Amir Azam, a British national, is serving a life sentence in the UAE for drug trafficking and five years for money laundering. Ahmad Abdulla Mohammad Abdulla Behzad (UAE), Waseem Rauf Loan (Pakistan), Mohammad Nadeem Ghani (United Kingdom) and Tom Michielsen (Belgium) are each serving ten year sentences for drug trafficking. Waseem Rauf Loan, Mohammad Nadeem Ghani and Tom Michielsen face an additional five year sentence for money laundering. Sherbaz Khan (Pakistan), the son of Shahbaz Khan, is a key lieutenant in his father's drug trafficking organization and manages Shahbaz Khan's financial network in Pakistan. OFAC also targeted 13 companies which comprise an international financial network for Shahbaz Khan and his associates. These companies are located in the UAE (5), Pakistan (4), Spain (1), Germany (1), the Netherlands (1) and Belgium (1). These front companies are involved in the following trade areas: electronics and home appliances, general household merchandise, import/export, flowers and plants, and automotive parts and vehicles. Designated drug kingpin Shahbaz Khan and his partner Waseem Rauf Loan were able to incorporate their companies in the UAE through the use of Ahmad Abdulla Mohammad Abdulla Behzad, who acted as the local sponsor which is required under UAE law in order for a foreign national to incorporate in the UAE. This action is part of an ongoing U.S. government effort under the Kingpin Act to use financial measures against foreign drug kingpins. This OFAC action would not have been possible without key support from the U.S. Drug Enforcement Administration and UAE authorities, including several UAE police departments. The designation blocks any assets of the 22 designees found within U.S. jurisdiction and prohibits U.S. persons from conducting financial or commercial transactions with these individuals. More than 300 businesses and individuals associated with 68 drug kingpins named by the President have been designated by OFAC pursuant to the Kingpin Act since June 2000. Penalties for violations of the http://www.treas.gov/presslreleases/hp699.htm 12/312007 P-699: Treasury Targets Criminal and Financial Network of <br>Southwest Asian Drug Kingpin Page 2 of2 Kingpin Act range from civil penalties of up to $1,075,000 per violation to more severe criminal penalties. Criminal penalties for corporate officers may include up to 30 years in prison and fines of up to $5,000,000. Criminal fines for corporations may reach $10,000,000. Other individuals face up to 10 years in prison for criminal violations of the Kingpin Act and fines pursuant to Title 18 of the United States Code. REPORTS http://www.treas.gov/press/releases/hp699.htm 12/312007 Shahbaz KHAN Criminal and Financial Network u.s. Department of the Treasury Office of Foreign Assets Control November 2007 Foreign Narcotics Kingpin Designation Act jl~'.---~ Convicted of drug trafficking and I·' f,1 , • Shahbaz KHAN DOB 1 Jan 1948 money laundering in the UAE POB Landi Kohl, Pakistan KHAN Criminal Aasociates ·rw " AmirAZAM DOB 2 Nov 1971 POB Chlswlck, England Abdulla BEHZAD D08 2 Nov 1971 POB Dubai, UAE Waseem Rauf LOAN a.ILa. Abdul Majid RASHID DOB 03 Mar 1966 POB Lahore, Pakistan Other Key Associates ~ Sinon SCHNEIDER DOB 14 lui 1967 POB Hoorn, Netherlands m I~ ~ Abdul Majid NOOR MOHAMMAD DOB 1957 POB Chagal, Pakistan Tom MICHIELS EN DOB 22 Dec 1975 POB Kapellen, Belgium GHANI PPN 093055372 (United Kingdom) Sherbaz KHAN DOB 04 Mar 1979 POB Pakistan W Ceylan DUZCAN DOB 01 Mar 1975 POB Sanat, Turkey Aasoclated Entities United Arab Emirates Europe ~ Khan aSchirindel GMBH Weisbaden, Germany ~ Offenbach Haushaltwaren B.V. Beverwljk, Netherlands /] '1 SAFTechS.L Barcelona, Spain Bal. Flower. Import Export BVBA Antwerp, Belgium n Shahbaz Khan General Trading LLC. Dubal, UAE Pakistan '1 'I Zulekha General Trading LLC Ajnan,UAE ~ Sher Matr.:h Industries PVT LTD. Peshawar, Pakistan /": Shahnawaz Traders Peshawar, Pakistan A.A. Trading FlCa Dubal,UAE n FMF General Trading Sharjah, Duba~ UAE ~ AI Amlod Trading Dubal, UAE ~ /" Shahbaz TV Center Peshawar, Pakistan Dubai Trading Company Peshawar, Pakistan hp-700: Treasury Issues Report on International Tax Issues Page 1 of2 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 28, 2007 hp-700 Treasury Issues Report on International Tax Issues Washington, DC--The Treasury Department today sent to Congress a Congressionally mandated report on three international tax issues. The "Report to the Congress on Earnings Stripping, Transfer Pricing and U.S. Income Tax Treaties" describes current issues regarding U.S. earnings stripping rules, transfer pricing rules, and the misuse of income tax treaties to which the United States is a party. The report provides conclusions and recommendations in each of the three areas studied. Study on Earnings Stripping The focus of the earnings-stripping study is on excessive payments of deductible interest by foreign-controlled U.S. corporations to related persons in whose hands that interest is partially or fully exempt from U.S. tax. While the study notes that it is not possible to quantify accurately the extent of earnings stripping generally, strong evidence exists of earnings stripping by foreign-controlled domestic corporations that have undergone so-called "inversion" transactions, in which the U.S. parent company of a multinational corporate group is replaced with a foreign parent in a low-tax or no-tax country. The study did not find conclusive evidence of earnings stripping by foreigncontrolled domestic corporations that had not inverted. More information is needed to reach a definitive conclusion on that issue. In order to obtain this additional information and to further the administration of the current earnings stripping rules, the study recommends that the relevant tax forms be modified to require more information about earnings stripping. The IRS released a new proposed form today. [See Announcement 2007-114.] Study on Transfer Pricing The transfer pricing study focuses on issues relating to the shifting of income from the United States through transactions between related parties. The study reviews Treasury regulatory guidance under Internal Revenue Code section 482 and the effectiveness of current transfer-pricing rules and compliance efforts to ensure that related-party transactions cannot be used to shift income out of the United States improperly. The study indicates that the transfer pricing rules must be continually monitored to ensure their relevance to changing business conditions and to prevent income shifting from non-arm's length transfer pricing. The study recommends that the Treasury Department modernize and finalize three sets of transfer-pricing guidance. More specifically, the study recommends: • • • Cost Sharing: Revision of the existing guidance on contributions for which arm's length consideration ("buy-in" payments) must be provided as a condition to entering into a cost sharing arrangement; Services: Completion of the related-party services regulations to reflect legal, business and economic developments since the regulations were issued in 1968; and Global Dealing: Completion of new rules to allow taxpayers to determine the amount of income from a global dealing operation that is subject to tax in the United States, as well as the source of such income and the http://www.treas.goy/pressireleases/hp700.htm 1213/2007 hp-700: Treasury Issues Report on International Tax Issues Page 2 of2 circulTlstances under willch such income is effectively connected with a U.S. trade or business. Study on U.S. Income Tax Treaties The study on U.S. income tax treaties focuses on the need to prevent third-country residents from inappropriately obtaining the benefits of U.S. income tax treaties, in particular by achieving inappropriate reductions in U.S. withholding taxes. The study notes that in recent years interest payments have surged from foreigncontrolled U.S. corporations to related parties in countries that are a party to a U.S. tax treaty with no "limitation on benefits" (LOB) provisions and that provides significant reductions in withholding rates. Such exploitation of those treaties without anti-treaty shopping protections confirms (1) the LOB provisions in other U.S. agreements appear to provide significant deterrence against abuse, and (2) the Treasury Department must continue its ongoing efforts to revise treaties with no or inadequate LOB provisions. REPORTS • Report to The Congress on Earnings Stripping, Transfer Pricing and U.S. Income Tax Treaties http://www.treas.gov/press/releases/hp700.htm 12/3/2007 hp-701: Paulson to Deliver Remarks at OTS'S National Housing Forum Next Week Page 1 of November 29, 2007 hp-701 Paulson to Deliver Remarks at OTS'S National Housing Forum Next Week Treasury Secretary Henry M. Paulson, Jr. will deliver remarks on Monday at the National Housing Forum hosted by the Office of Thrift Supervision. Paulson's remarks will focus on the efforts to address current housing and mortgage markets issues. Who Treasury Secretary Henry M. Paulson, Jr. What Remarks at the OTS National Housing Forum When Monday, December 3, 10:30 a.m. EST Where National Press Club 529 14th Street, NW Washington, DC -30- nttp://www.treas.gov/press/releases/hp701.htm 12/3/200 hp-702: Remarks by Ambassador Holmer at the Southern Center for International Studies on Establishi... Page 1 of 4 November 29, 2007 hp-702 Remarks by Ambassador Holmer at the Southern Center for International Studies on Establishing New Habits of Cooperation in U.S.-China Economic Relations Good evening. I would like to thank Peter White and the Southern Center for International Affairs for inviting me to speak tonight. As a U.S. government official tasked with building bridges to China and maintaining them, I applaud the SCIA's role as Atlanta's bridge to the world over the last forty years. Our Changing Economic Relationship China's re-emergence on the global stage is one of the most consequential geopolitical events of recent times. There is hardly an issue - from trade, to national security, to climate change - or a place - from North Korea to Iran to Sudan where American and Chinese interests do not increasingly overlap. Because China is so fully integrated into the global economy, what happens in China's economy affects the entire international community. The U.S.-China economic relationship is entering a new phase. First, U.S.-China economic interdependence is deepening. We need each other more and on a broader number of economic and economically consequential issues. Over the past 5 years, according to U.S. data, U.S. exports to China have grown from $18 to $52 billion, while U.S. imports from China have grown from $102 to $287 billion. Moreover, the United States and China are shaping, and being shaped by, global energy and environmental trends, which have strong economic consequences. For example, our countries are the world's largest energy consumers and the largest emitters of greenhouse gases. Clearly, our interdependence is deepening. Second, whereas trade and investment were once largely a source of stability in bilateral relations, they are now increasingly also a source of tension. Such tensions are straining the domestic consensus in both the United States and China on the benefits of economic engagement. When I first became deeply involved in international trade issues in the 1980s, we didn't have significant trade tensions with China - mainly because we didn't have much bilateral trade. In a sense, the fact that we have trade tensions today reflects a maturing of our relationship and the rapid growth in bilateral trade and investment. We need to make sure we manage those tensions effectively in order to keep our bilateral economic relationship on an even keel and in our mutual interests. Anxieties about increasing trade manifest themselves in many ways, which leads me to the third dynamic confronting us: the rise of economic nationalism and protectionism in both our nations. These sentiments may constrain leaders from adopting policies that are in the long-term interests of the citizens and economies of the United States and China. These three emerging dynamics to our economic relationship - deepening interdependence, a strained policy consensus, and the rise of economic protectionism - are mutual and require cooperative solutions. Managing Complexity and Establishing New Habits of Cooperation bttp:llwww.treas.gov/press/releases/hp702.htm 12/3/2007 hp-702: Remarks by Ambassador Holmer at the Southern Center for International Studies on Establishi... Page 2 of 4 These dynamics Inforilled tlle creation of the Strategic Economic Dialogue (SED) by President Bush and President Hu Jintao in 2006. They envisioned a forum to allow both governments to communicate at the highest levels and with one voice on issues of long-term and strategic importance. Managing our complex and increasingly interdependent relationship is daunting and requires speaking to the right people - at the right time - on the right issues and in the right way. I learned a long time ago that if you are going to be successful in any kind of dialogue, it is essential that you do everything you can to put yourself in the other person's shoes, to try to see the world the way he or she does. This is the way you achieve win-win agreements, ones that advance mutual interests, agreements that will withstand the tests of time. The Strategic Economic Dialogue embraces this approach. The United States has three core objectives for the SED as a new and leading institution in U.S.-China relations. Establishing New Habits of Cooperation First, through this framework, we are advancing the U.S.-China economic relationship by establishing new habits of bilateral cooperation. We have embraced a broad agenda that covers cross-cutting economic and economically consequential issues, including regulatory transparency, energy conservation, environmental protection, innovation, food and product safety, as well as the important economic issues of exchange rate and macroeconomic policies, market access, and financial sector development and liberalization. Our approach engages multiple and diverse government officials in both countries. It breaks down classic bureaucratic stove-pipes that hinder effective communication and impede results. And that's what direct engagement does: it keeps the relationship on an even keel by lessening miscommunication and dispelling misperceptions so common in the history of the U.S.-China relationship. It helps us signal to China that we welcome the rise of a confident, peaceful and prosperous China. A weak and insecure China is not in America's economic or security interests. Accelerating China's Economic Transition Second, it is vitally important that our policies accelerate the next wave of China's "reform and opening" process. The pace of China's growth and economic reform has clearly been remarkable, but continued effort is needed. China's top leaders now realize that a key challenge they face is taking the bold policy steps necessary for an economy that is no longer in the first stages of economic growth. We welcome the leadership's current efforts to transition to an economy that is more market-oriented, less reliant on low-value added manufacturing exports, one that depends more on the skills and resourcefulness of the Chinese people and less on material inputs and natural resource consumption. A major risk China faces is that its government won't act quickly enough to take the policy steps necessary to deal with the economic and social imbalances created by its growth model. Without strong policy adjustments, China's economic growth path becomes unsustainable, as Chinese top leaders have publicly stated. We are encouraging key reforms that will help China manage the blistering pace of its economic growth; these include financial market liberalization and a plan for rebalancing growth. China has proven to the world that it can grow fast, but the key issue now is whether it can grow differently and sustainably, where the quality of http://www.treas.gov/presslreleases/hp702.htm 12/3/2007 hp-702: Remarks by Ambassador Holmer at the Southern Center for International Studies on Establishi... Page 3 of 4 growth is as important as the quantity. Bold structural policies are needed to shift China's growth away from heavy industry, high energy use, capital intensiveness, and dependence on exports towards greater reliance on domestic demand, production of services, and a greater share of China's national income accruing to China's households. To enable market forces to efficiently rebalance the economy and spread prosperity to all the Chinese, China needs more flexible prices, including a much more flexible, market-driven exchange rate. Exchange rate flexibility is also key to allowing monetary policy - the most potent instrument for guiding an economy - to focus on assuring price and financial stability. A key to China's future success will be its willingness to accelerate the pace of its market-based economic reforms. Meeting and going beyond its WTO commitments, resisting protectionist sentiment, and opening up its economy to greater international competition for goods, and particularly, services, will help rebalance the Chinese economy and spread prosperity more broadly among the Chinese people. These reforms are - and will continue to be - resisted by increasingly influential Chinese businesses due to growing suspicion about U.S. efforts to encourage further liberalization of key sectors of China's economy. However, in my judgment, the greatest risk to China's long-term economic security is not that China opens too fast, but, rather, that protectionists prevail, and Chinese reforms proceed too slowly. Encouraging China's Responsible Global Engagement Third, and finally, we are also encouraging China to act responsibly as a global economic power. We welcome China into key international financial institutions and are giving China a greater voice in them as well. Since the initiation of the SED in September 2006, we have supported China's efforts to join the Inter-American Development Bank (IADB) and the Paris-based Financial Action Task Force (FATF). We also strongly support a greater voting share for China in the IMF and World Bank. Increased participation will allow China to advance its interests in those institutions, but it is also important that Beijing recognize the responsibilities of greater partici pation. China has become a major source of foreign aid for many of the poorest countries. We look forward to working with China, as a new and welcome participant, in multilateral efforts to assure that foreign aid and lending practices promote sustainable development. This new era in U.S.-China economic relations requires new and dynamic ways of doing business. We are meeting these challenges through the creation of the political space and the institutional capacity for long-term stability in our bilateral economic relations. Signposts and Benchmarks I spoke before about the importance of new habits of cooperation between our governments and our countries. While habits of cooperation are important, good process does not ensure good results. Dialogue needs to be more than talking for the sake of talking and can not give U.S. or Chinese leaders "a pass" on issues of disagreement. It is about setting priorities, specifying consequences and fashioning practical solutions. Sec. Paulson refers to "signposts and benchmarks" along the path toward reform. Is progress occurring as fast as we prefer or as fast as is in China's interest? No. But is progress occurring faster than would have been the case without the SED? Absolutely. http://www.treas.gov/press/releases/hp702.htm 12/312007 hp-702: Remarks by Ambassador Holmer at the Southern Center for International Studies on Establishi... Page 4 of Time after tune, U.S. government agencies have been able to "draft behind" the momentum created by the SED. Examples include a new air services agreement, collaboration on energy security and the environment, moving toward more efficient capital markets, and addressing concerns about tainted food and product imports. The new air services agreement is of particular relevance to this great city of Atlanta and America's southeast. This landmark agreement will not only stimulate an estimated $5 billion in new business over the next several years, it will open new routes which will double passenger traffic by 2012 and allow full air cargo services by 2011. Possibly as early as next Spring, there will be the first non-stop flight between Atlanta and Shanghai, the first from America's southeast for a U.S. airline. The SED is not just an event that happens at Cabinet-level meetings twice a year. Rather, engagement is continuous, with progress announced throughout the year. Towards a New Future for Bilateral Economic Relations President Bush and President Hu have set a positive agenda for strengthening our economic relationship. The SED is a core part of that agenda because it is longterm in its vision, comprehensive in its scope, and immediate in its ability to deal with the most sensitive bilateral economic tensions. As we chart the future course of our economic relationship with China, we would be well-advised to remember the words of a former American diplomat and Chairman of the Senate Finance Committee, Daniel Patrick Moynihan, who said we shouldn't "let the politics of last month or next month affect decisions toward China that go to half-century strategic issues." The politics of U.S.-China economic relations are intensely dynamic and sensitive, in both countries. The SED is complex international economic diplomacy. We are tackling some of the biggest structural challenges in China's economic future and in U.S.-China relations. The economic and geopolitical landscape of the 21 st century will be greatly influenced by the way in which the United States and China work together. That emerging future requires a distinct vision and effective mechanisms to achieve it. By establishing new habits of cooperation, the SED has allowed both the United States and China to begin to write the next chapter of our strategic economic relationship. -30- http://www.treas.goy/press/releases/hp702.htm 12/3/200' HP-703: Remarks of Treasurer Anna Escobedo Cabral<br>on Working Together to Help Struggling H... Page 1 of2 November 30, 2007 HP-703 Remarks of Treasurer Anna Escobedo Cabral on Working Together to Help Struggling Homeowners Atlanta- Good morning. It's a pleasure to be here today. I want to thank Suzanne and the Consumer Credit Counseling Service of Atlanta for bringing us all together today to talk about what is truly one of the most significant issues our economy is facing. Many Americans in cities and communities across our country are experiencing challenges due to the turbulence in the housing and mortgage markets. Many are struggling to keep their homes as their mortgages reset to higher rates. In fact, I'm sure most of you have heard the statistic that an estimated 2 million subprime mortgages will reset in the next year and a half. The good news is not all of these families will face foreclosure. Some will adjust into their new payments and others will refinance to better rates. But a portion of homeowners will not be able to stretch to make their new monthly payments, and these are the borrowers we aim to help. I know a little later on Mark Duda is going to share his data on the specific impact of foreclosures in Atlanta so I will let him speak to the local numbers and statistics. But I've had the opportunity to visit places like Detroit, Cleveland, and other affected cities, and I've seen firsthand the serious consequences of foreclosures. The bottom line is that foreclosures are painful for families, for communities and for the broader economy. We need to do our best prevent as many families from experiencing this blow. I applaud all of you for coming together to address this critical challenge, and I want to take some time to share with you some of the ways we've been working to reach struggling homeowners. I've spent a majority of my career working in the federal government, and if there is one thing I've learned, it's that the government can accomplish much more when we bring everyone to the table. As we've worked to address the challenges in the housing market, Treasury and the Department of Housing and Urban Development have talked to mortgage lenders, financial institutions, housing counselors and a range of industry experts, and we've brought together our resources to help more borrowers. Recently, a new national alliance made up of our nation's leading counselors, servicers, and investors called HOPE NOW was formed to identify and reach out to struggling homeowners. CCCS and NeighborWorks are among the many dedicates partners in this effort. This partnership is a significant step to educating more homeowners about their mortgage options. One of the main goals of this effort is to implement a unified, aggressive outreach strategy. More than half of borrowers whose mortgages go into foreclosure never reach out to their lender or a homeownership counselor for help. Many bury their heads and believe that foreclosure is inevitable. To get more borrowers to act and reach out for help early, the alliance recently launched a new direct mail campaign. While their heads are buried in the sand, many struggling homeowners ignore the letters from their lenders. The HOPE NOW mail campaign provides good information about foreclosure prevention under one recognizable and trustworthy HOPE NOW banner. HOPE NOW has sent more than http://www.treas.goy/press/releases/hp703.htm 12/3/2007 HP-703: Remarks of Treasurer Anna Escobedo Cabral<br>on Working Together to Help Struggling H... Page 2 of 2 300,000 letters this month to borrowers who could have the option to work out a more affordable solution, and they will continue to reach more borrowers in the coming months. For borrowers who are reluctant to call their lender, they can call 1888-995-HOPE to reach an independent, non-profit counselor who can help guide them through their options. But we can't do this alone. We need your help. At Treasury, we're asking Congress, state and local leaders, community leaders and many others to help spread the word to their community members on how critical it is to reach out for help early. I encourage you to help us make your community members aware of the HOPE NOW letters. Homeowners need to know that when they receive a letter from HOPE NOW, they should not be afraid to open it and to call the number on that letter. We are also getting ready to help launch a public service campaign that lets homeowners know, "Nothing is worse than doing nothing." But we need the help of these community leaders to encourage local television and radio stations to run this announcement. In addition to outreach, the HOPE NOW Alliance has streamlined efforts between counselors and services so that they can communicate better and improve their efficiency. The Alliance is also developing standard performance measures. Any strong initiative must have measures of progress. New performance standards will help determine categories of borrowers who can be helped and track progress to ensure people are getting the help they need. Foreclosures are in the interest of no one. The borrower, the lender and our communities suffer as a result. The investment community has also acknowledged that foreclosure prevention is in their interest and has taken steps to recognize the important role of counselors in helping more Americans remain in their homes. HOPE NOW is laying the groundwork for tremendous progress going forward. But work remains for all of us. We know that the most important step that struggling homeowners in Atlanta can take is to call their lender or a local HUD-certified counselor. The HUD web site at HUD.gov offers a complete list of local housing counseling organizations. More information can also be found at HOF)E~JOW.cOfl1. I spend a lot of time talking about financial education, and what we are seeing in the housing market underscores the important responsibility we all have to remain informed. The mortgage process can be extremely complicated, and lenders must offer clear and understandable information with the products they sell. At the same time, individuals must take the responsibility of being informed into their own hands. There is a variety of information and help out there. Treasury's financial education website MyMoney.gov offers lists many helpful resources that can walk individuals through the process of buying a home. The price of not being informed is too high, and we all can do more to empower ourselves and others around us to become more informed about our financial choices. I encourage you to help us spread this important message to as many homeowners as possible, and if there is any way we can be of help to you in reaching your community members, please let us know. In the end, if we can help keep more families in their homes, our country and economy will be better off as a whole. Once again, I applaud you for your leadership, and thank you for your important partnership in helping to preserve the dream of homeownership for families and citizens of Atlanta. Thank you. http://www.treas.gov/press/releases/hp703.htm 12/3/2007 HP-704: Paulson to Speak on Forging Consensus and Generating <br>Results in U.S. - China Econom... Page 1 of 1 November 30, 2007 HP-704 Paulson to Speak on Forging Consensus and Generating Results in U.S. - China Economic Relations Secretary Henry M. Paulson, Jr. will deliver remarks next week to the Asia Society. His remarks will focus on the U.S - China economic relationship and the upcoming Strategic Economic Dialogue (SED) meeting in Beijing. The dialogue, established by Presidents Bush and Hu, is a framework for managing our bilateral economic relationship on a iong-term strategic basis. The third Cabinet-level meeting of the SED will take place December 12-13, 2007 near Beijing at Grand Epoch City. Who Treasury Secretary Henry M. Paulson, Jr. What Remarks on Forging Consensus and Generating Results in U.S.-China Economic Relations When Wednesday, December 5, 11:45 a.m. EST Where Capital Hilton 1001 16th Street, NW Washington, DC Media Media should register at 202-833-2742 or riclnio,i[\JSIClSOclctj em]. http://www.treas.gov/press/releases/hp704.htm 12/3/2007 hp-705: REPORT ON U.S. PORTFOLIO HOLDINGS OF FOREIGN SECURITIES AT END-YEAR ... Page 1 oL~ To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. November 30, 2007 hp-705 REPORT ON U.S. PORTFOLIO HOLDINGS OF FOREIGN SECURITIES AT ENDYEAR 2006 Report on U.S. Portfolio Holdings of Foreign Securities at End-Year 2006 The findings from an annual survey of U.S. portfolio holdings of foreign securities at end-year 2006 are released today and posted on the U.S. Treasury web site (h II P /. WWW.tlr;:JS.CjOV.'tlcfpIS lit 1111lt1isclolill s). A complementary survey measuring foreign portfolio holdings of U.S. securities is also carried out annually. Preliminary results from the most recent such survey, covering securities held as of June 30, 2007, are expected to be reported by February 29, 2008. These surveys are undertaken jointly by the U.S. Treasury, the Federal Reserve Bank of New York, and the Board of Governors of the Federal Reserve System. Overall Results The survey measured the value of U.S. holdings of foreign securities at year-end 2006 of approximately $5,991 billion, with $4,329 billion held in foreign equities, $1,294 billion in foreign long-term debt securities (original term-to-maturity in excess of one year), and $368 billion in foreign short-term debt securities. The previous survey measured U.S. holdings at year-end 2005 of approximately $4,609 billion, with $3,318 billion held in foreign equities, $1,028 billion in foreign long-term debt securities, and $263 billion in foreign short-term debt securities (see Table 1 ). U.S. portfolio holdings of foreign securities by country atthe end of 2006 were by far the largest for the United Kingdom ($1,076 billion), followed by Japan ($596 billion) and Canada ($478 billion) (see Table 2). The surveys are part of an internationally-coordinated effort under the auspices of the International rvlonetary Fund (IMF) to improve the measurement of portfolio asset holdings. Table 1. Value of U.S. holdings of foreign securities, by type of security, at end-2005 and end-2006[1] (Billions of dollars) Type of Security Long-term Securities Equity long-term debt Short-term debt securities http://www.treas.goy/press/reieases/hp705.htm Dec. 31, 2005 Dec. 31, 2006 4,346 3,318 1,028 263 5,623 4,329 1,294 368 12/3/2007 hP-705: REPORT ON U.S. PORTFOLIO HOLDINGS OF FOREIGN SECURITIES AT END-YEAR ... ITotal 4,6091 Page 2 of3 5,9911 U.S. Portfolio Investment by Country Table 2. Value of U.S. holdings of foreign securities, by country and type of security, for the countries attracting the most U.S. investment, as of December 31, 2006 (Billions of dollars, except as noted) Total 1 2 3 14 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Equities Debt securities: Long-term Short-term United Kingdom Japan Canada France Cayman Islands Germany Switzerland Netherlands Bermuda lAustralia Korea, South Ireland Spain Brazil Mexico Italy Sweden Hong Kong China, mainland[2] Taiwan Luxembourg Finland Netherlands Antilles Sinqapore Norway Rest of world 1,076 596 478 401 376 292 264 234 208 173 124 121 111 110 108 106 102 88 75 74 60 60 58 53 51 592 674 544 298 307 161 220 263 161 192 102 114 48 86 92 85 93 59 86 74 74 16 56 56 44 32 393 245 46 162 63 178 62 1 68 14 62 10 38 24 18 24 12 24 2 1 37 4 2 9 15 174 4 24 Total value of investment 5,991 4,329 1,294 368 * 156 7 18 32 37 10 * 5 3 10 * 34 1 * * 1 19 * * 0 7 * * * $500 million. Note: items may not add to total due to rounding. * Greater than zero and less than -30- [1] The stock of foreign securities for December 31, 2006, reported in this survey does not, for a number or reasons, correspond to the stock of foreign securities on December 31,2005, plus cumulative flows reported in Treasury's transactions reporting system. An analysis of the relation between the stock and flow data is available in Table 4 and the associated text of the final report on U.S. [2] Excludes Hong Kong and Macau, which are reported separately. http://www.treas.gs:>~/pr~sslreleases/hp705.htm 12/3/2007 hP-705: REPORT ON U.S. PORTFOLIO HOLDINGS OF FOREIGN SECURITIES AT END-YEAR ... Page 3 of3 REPORTS • (F)[)~) kc'polt 011 lJ S ~)Clltr()ll() H()I(1111~JS ur FOI(;ICjII SI:lllllllf;:', ,It [IICI-'y'f;,lr 2Clllli http://www.treas.gov/press/releases/hp705.htm 12/3/2007 u.s. TREASURY DEPARTMENT OFFICE OF PUBLIC AFFAIRS 4 PM (EST), November 30, 2007 CONTACT Ann Marie Hauser, (202) 622-2960 EMBARGOED UNTIL REpORT ON U.S. PORTFOLIO HOLDINGS OF FOREIGN SECURITIES AT END-YEAR 2006 The findings from an annual survey of U.S. portfolio holdings of foreign securities at end-year 2006 are released today and posted on the U.S. Treasury web site (www.treas.gov/tic/fpis.html). A complementary survey measuring foreign portfolio holdings of U.S. securities is also carried out annually. Preliminary results from the most recent such survey, covering securities held as of June 30, 2007, are expected to be reported by February 29, 2008. These surveys are undertaken jointly by the U.S. Treasury, the Federal Reserve Bank of New York, and the Board of Governors of the Federal Reserve System. Overall Results The survey measured the value of U.S. holdings of foreign securities at year-end 2006 of approximately $5,991 billion, with $4,329 billion held in foreign equities, $1,294 billion in foreign long-term debt securities (original term-to-maturity in excess of one year), and $368 billion in foreign short-term debt securities. The previous survey measured U.S. holdings at year-end 2005 of approximately $4,609 billion, with $3,318 billion held in foreign equities, $1,028 billion in foreign long-term debt securities, and $263 billion in foreign short-term debt securities (see Table I). U.S. portfolio holdings of foreign securities by country at the end of 2006 were by far the largest for the United Kingdom ($1,076 billion), followed by Japan ($596 billion) and Canada ($478 billion) (see Table 2). The surveys are part of an internationally-coordinated effort under the auspices of the International Monetary Fund (lMF) to improve the measurement of portfolio asset holdings. Table 1. Value of V.S. holdings of foreign securities, by type of security, at end-2005 and end-2006 1 (Billions of dollars) Type of Security Dec. 31, 2005 Dec. 31, 2006 Long-term Securities Equity long-term debt Short-term debt securities 4,346 3,318 1,028 263 5,623 4,329 1,294 368 Total 4,609 5,991 U.S. Portfolio Investment by Country Table 2. Value of V.S. holdings of foreign securities, by country and type of security, for the countries attracting the most V.S. investment, as of December 31,2006 (Billions of dollars, except as noted) Debt securities: Total 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Equities United Kingdom Japan Canada France Cayman Islands Germany Switzerland Netherlands Bermuda Australia Korea, South Ireland Spain Brazil Mexico Italy Sweden Hong Kong 2 China, mainland Taiwan Luxembourg Finland Netherlands Antilles Singapore Norway Rest of world 1,076 596 478 401 376 292 264 234 208 173 124 121 110 108 106 102 88 75 74 60 60 58 53 51 592 674 544 298 307 161 220 263 161 192 102 114 48 86 92 85 93 59 86 74 74 16 56 56 44 32 393 Total value of investment 5,991 4,329 III Long-term 245 46 162 63 178 62 I 68 14 62 10 38 24 18 24 12 24 2 Short-term 156 7 18 32 37 10 * 5 3 10 * 34 1 * * I 19 I * * * 0 7 37 4 2 9 15 174 4 24 1,294 368 * * * I The stock of foreign securities for December 31, 2006, reported in this survey does not, for a number or reasons, correspond to the stock of foreign securities on December 31, 2005, plus cumulative flows reported in Treasury's transactions reporting system. An analysis of the relation between the stock and flow data is available in Table 4 and the associated text of the final report on U.S. holdings offoreign securities at end-year 2006. 2 Excludes Hong Kong and Macau, which are reported separately. * Greater than zero and less than $500 million. Note: items may not add to total due to rounding. hP-706: Remarks by Secretary Paulson <br>on Actions Taken and Actions Needed in U.S. Mortgage ... Page 1 of 4 December 3, 2007 HP-706 Remarks by Secretary Paulson on Actions Taken and Actions Needed in U.S. Mortgage Markets at the Office of Thrift Supervision National Housing Forum Washington, DC·-Thank you, John, The Office of Thrift Supervision plays an Important role in our financial system, and I appreciate your leadership at this agency, Thanks, also, for hosting this second national housing forum and providing a timely opportunity for me to give an update on the US, economy and mortgage markets, I mention timeliness because housing issues are affecting citizens all across the country, and because Congress returns to Washington today. In the final days of this congressional session, there is much that Congress can do to help America's homeowners. As we are all aware, the housing and mortgage markets are working through a period of turmOil, as are other credit markets, as risk is being reassessed and repriced. We expect that this turbulence will take some time to work through, and we expect some penalty on our short-term economic growth. The pOSitive news is that we are confronting and managing these challenges against the backdrop of a strong global economy. And the U,S. economy remains fundamentally sound - core Inflation is contained, continued job gains are providing a good foundation for household spending, corporate balance sheets remain healthy overall, and strong growth abroad IS supporting US, exports. Our economy will contmue to grow, but it is facing a number of challenges, And as I have said before, the housing market downturn is the biggest challenge to our economy, When home foreclosures spike, the damage is not limited only to those who lose their homes. Homes in foreclosure can pose costs for whole neighborhoods, as crime goes up and property values decline. Avoiding preventable foreclosures, then, is in the interest of all homeowners. Mortgage market financial innovation has benefited the U,S. economy and U.S. homeowners; it has also IIltroduced some of the challenges we face today. Financial IIlnovation led to the creation of mortgage products that put homeownership within the reach of more people. At the same time, innovation also made riskier loans - with no down payments or minimal documentation - more widely available. Similarly, securitization has brought benefits and challenges making more capital available for mortgages, but creating greater market complexity. As a result, we now have an array of different market participants, often with different interests. Still, foreclosure is expensive for all participants - lenders and investors - and thiS expense is an incentive to avoid foreclosure when a homeowner has the financial wherewithal to own a home. An appropriate role for government is to bnng the private sector together when innovation has greatly increased the complexity of achieving beneficial solutions for all parties involved, The number of subprime mortgage resets is going to increase dramatically next year, and we need to make sure the capacity is there to handle it. And so, Treasury is aggressively pursuing a comprehensive plan to help as many able homeowners as possible keep their homes, We began by convening a diverse group of market participants, who represent all segments of the mortgage industry Based on what we have learned, we are implementing a three point plan to avoid preventable foreClosures and to minimize the impact of the housing downturn on the U.S. economy First, we are mcreasing efforts to reach able homeowners who are struggling with http://www.treas.gov/press/releases/hp706.htm 1/3/2008 hP-706: Remarks by Secretary Paulson <br>on Actions Taken and Actions Needed in U.S. Mortgage... Page 2 of 4 their mortgages. Second, we are working to increase the availability of affordable mortgage solutions for these borrowers. Third, we are leading the industry to develop a systematic means of efficiently moving able homeowners into sustainable mortgages. This morning, I will provide more detail on the three elements of this plan, an update on the private sector's efforts, the government's efforts, and the additional steps that are needed in each area. Increase Efforts to Reach Struggling Homeowners First, we must reach homeowners who are struggling, reach them early, and reach them with information and hope. The need for this effort became starkly clear when we learned that 50 percent of foreclosures occur without borrowers ever talking to their lender or a mortgage counselor. We knew that if we are to make a difference that number has to be reduced. We learned that mortgage industry leaders had already stepped-up their efforts to reach delinquent borrowers, but many borrowers in trouble were afraid to speak to their lenders. Borrowers did respond more favorably to mortgage counselors, but the counselors didn't know which borrowers most needed assistance. Treasury and HUD helped bring these two groups together in the HOPE NOW alliance - a coalition of mortgage servicers, counselors and investors that are working to avoid preventable foreclosures and to improve the functioning of the mortgage markets. Since its formation less than two months ago, the HOPE NOW alliance has made significant progress. In the past, some servicers may not have contacted borrowers until after their loans were delinquent. Today, all HOPE NOW servicers are contacting borrowers 120-days in advance of their mortgage reset, to reach them early, before their mortgage problem becomes overwhelming. For those troubled borrowers that servicers haven't been able to reach, HOPE NOW has launched a nationwide letter campaign. These simple, one-page letters, on HOPE NOW letterhead, provide a toll-free hotline which homeowners can call to explore options with their servicer that may help them keep their home. Mortgage investors recognize that foreclosure is costly and often not in their Interest. And they recognize that quality mortgage counseling can help prevent foreclosures. By bringing together counselors, servicers and investors, the HOPE NOW alliance has brought the resources of investors to bear to enable non-profit mortgage counselors to be more widely available. The Alliance is scaling up a national hotline that borrowers can call for mortgage counseling. And let me say to those listening out there - if you are worried about losing your home, call this number, 1-888-995-HOPE, to see if you are eligible for assistance. This hotline is available 24-hours a day to provide vital mortgage counseling in multiple languages. Nothing is worse than doing nothing. The HOPE NOW effort to streamline refinancings and modifications is a positive step, but it is not a silver bullet. There IS no single solution to address all of the issues currently affecting the housing and mortgage markets. The government has a role to play, as well. First, we need to draw attention to these letters and urge borrowers who receive them to act on them. Secretary Jackson and I have been doing just that, recently we sent copies of these letters to all Members of Congress so they can alert their constituents. We are asking governors and mayors to do the same. We will also join HOPE NOW's efforts to broaden Its public service announcement campaign, to spread the word that hope is but a phone call away. While increased industry funding is very important, we also need to do our part to support non-profit mortgage counseling organizations. For this public outreach campaign to be successful there must be enough trained mortgage counselors to answer the phone when homeowners call The Administration requested fundlllg for NeighborWorks America and other non-profit mortgage counseling operations in its budget. But the appropriations bill has yet to be finalized; Congress needs to get it done quickly. Increase Availability of Affordable Mortgage Solutions Of course, reaching homeowners is only part of the equation. The second part of http://www.treas.gov/presslreleases/hp706.htm 113/2008 hP-706: Remarks by Secretary Paulson <br>on Actions Taken and Actions Needed in U.S. Mortgage ... Page 3 of 4 our action plan IS to make more mortgage products available for borrowers who have the financial wherewithal to own a home, but are struggling with the higher adjusted rate on their subprime mortgages To help with this, the industry is looking at several innovative solutions - including both modifications and refinancings. State and local governments, especially in the hardest hit areas, are also developing solutions, including proposing funds that may help finanCially-able borrowers refinance out of expensive subprime loans. Given the local nature of housing markets, state and local solutions can be particularly effective. Current law allows states and localities to issue tax-exempt bonds only to assist first time homebuyers or homebuyers in deSignated distressed areas. Some states' housing agencies have initiated pilot programs, backed by taxable bonds. to help refinance struggling subprime borrowers into more affordable mortgages. Today, we are proposing to allow state and local governments to temporarily broaden their tax-exempt bond programs to include mortgage refinancings; if enacted, this will reduce the cost of innovative mortgage programs and allow these programs to reach more struggling homeowners. We in the federal government are also taking steps This fall, HUD initiated "FHASecure" to give the FHA the flexibility to help more families stay in their homes, even those who have good credit but may not have made all of their mortgage payments on time. An estimated 240,000 families can avoid foreclosure by refinancing their mortgages under the FHASecure plan. The Administration is taking action to help homeowners, and Congress must do the same before it leaves for the year. Since August, the President has been calling on Congress to pass his FHA modernization proposal which, by lowering the down payment requirement, increasing the loan limit and allowing risk-based pricing, will make affordable FHA loans more Widely available. The Administration's proposed bill would help refinance another estimated 200,000 families into FHA-Insured loans. Since August the President has also called on Congress to provide tax relief for mortgage debt forgiven; homeowners who finally find relief shouldn't get put back in financial straits because of the tax code. Additionally, Congress needs to complete its work and create a strong, independent regulator for Fannie Mae and Freddie Mac. Fannie Mae and Freddie Mac have an important role to play in making mortgages available and affordable, and appropriate regulatory oversight is critical to their ability to serve their public policy purpose. Oevelop a Systematic Solution for Transition into Affordable Mortgages The third element of our plan Involves a pragmatic response to the reality that the number of homeowners struggling with their resetting sub prime mortgage will increase throughout 2008. As volume increases, we Will need an aggressive, systematic approach to fast-track able borrowers into a refinance or mortgage modification. This third element does not, and will not, include spending taxpayer money on funding or subsidies for industry partiCipants or homeowners. While the reality is a bit more complex, in the interest of simplicity, there are four categories of subprime borrowers. There are those who can afford their adjusted interest rate; these homeowners need no assistance. There are also a substantial number of homeowners who haven't been making payments at the starter rate on their subprime loan and may not have the financial wherewithal to sustain home ownership; some of these homeowners will become renters again. A third category of homeowners might choose to refinance their mortgage - putting them in a sustainable mortgage while keeping Investors whole This IS the first, best option. Servicers should move quickly to assist those who can refinance. And the fourth category is those with steady incomes and relatively clean payment histories who could afford the lower introductory mortgage rate but cannot afford the higher adjusted rate. We are fOCUSing on thiS group. determining who they are and what steps may appropriately assist them. However, given the diffuse nature of today's mortgage market, the steps toward http://www.treas.gov/press/releases/hp706.htm 1/3/2008 hP-706: Remarks by Secretary Paulson <br>on Actions Taken and Actions Needed in U.S. Mortgage .,. Page 4 of 4 refillancing and modification G()n lJe more difficult than it would seem. The company collecting your mortgage payment every month is most often doing that on behalf of those who own the mortgage, and they are limited in the decisions they can make on behalf of those ultimate owners, who are spread allover the world. We are determined to bring this diverse group together, to develop a set of standards that will be implemented across the industry, from the largest mortgage servicers to the smaller specialty servicers. An industry-wide approach is critical to the effectiveness of this effort. To speed up the modification process, Treasury is working through the HOPE NOW alliance with the American Securitization Forum to convene servicers and investors so they can develop categories of borrowers eligible for appropriate modifications and refinancings, and an industry-wide solution. This work takes time, as all parties seek to define categories of borrowers for streamlined refinance and modification where that is in the best interest of both the borrower and the mortgage investor. I am confident they will finalize these standards soon. And I expect all servicers will implement them quickly, and create benchmarks to measure their progress along the way. As a result, what was a fragmented, cumbersome process can be a coordinated effort which more quickly helps able homeowners. Through continued, dedicated efforts by industry, non-profit organizations and the government, we can strike the necessary balance to mitigate the risk to our economy of the housing downturn. The issues are complex, and will take time. We are working aggressively and quickly, utilizing available tools and creating new ones, to help financially responsible but struggling homeowners. This, in turn, helps their neighbors, by preventing foreclosures and sales which can drive down property values and undermine the financial stability of families and communities: it also helps investors and lenders avoid unnecessary and costly foreclosures that are not in their interest. We will continue these efforts, measuring progress and mak'lng adjustments when necessary, to ensure as many able homeowners as possible are reached and helped. The Administration and the private sector are taking action. Congress now needs to also act - to appropriate funds for mortgage counseling, to pass FHA modernization and GSE oversight legislation, to pass legislation to temporarily relieve tax liability for mortgage debt forgiven, and legislation to temporarily increase capacity and allow state and local governments new flexibility to use taxexempt bonds for home mortgage refinancings. The US. economy and America's communities deserve no less. http://www.treas.goy/pressireleases/hp706.htm 1/3/2008 HP-707: Treasury, IRS Issue Notice Allowing 409A Corrections Page 1 of 1 To view or print the PDF content on this page, download the free Adobe® Acrobat® Reader®. December 3. 2007 HP-707 Treasury, IRS Issue Notice Allowing 409A Corrections Washington, DC-- Tile Treasury Department and the Internal Revenue Service (IRS) today issued a notice that gives taxpayers the ability to correct certain operational failures to comply with seclion 409A of the Internal Revellue Code, WillCll addresses nonqualifled deferred compensation, Notice 2007 -100 prOVides relief for certain operational failures that are corrected In the same year Tile notice also prOVides transition I'elief tilrough 2010 for operational failures up to a certain amount that are not corrected III tile same taxable year by limiting the amount of Income Inclusion and additional taxes, In addition, tile notice describes anei requests comments on a potential expanded program that would limit the income Inclusion and additional taxes under section 409A for certain operation failures InvolVing larger amounts, Section 409A was Signed Into law as part of the American Jobs Creation Act In 2004 to addl'ess concerns over reported abuses in nonquallfied deferred compensation plans REPORTS ttp:llwww.treas.gov/presslreleases/hp707.htm 1/3/2008 Part III - Administrative, Procedural, and Miscellaneous Transition Relief and Guidance on Corrections of Certain Failures of a Nonqualified Deferred Compensation Plan to Comply with § 409A(a) in Operation Notice 2007-100 I. PURPOSE This notice provides transition relief and guidance on the correction of certain failures of a nonqualified deferred compensation plan to comply with § 409A(a) in operation (an operational failure). This transition relief and additional guidance includes: • Methods for correcting certain operational failures during the taxable year of the service provider in which the failure occurs to avoid income inclusion under § 409A(a). • Transition relief limiting the amount includible in income under § 409A(a) for certain operational failures occurring in a service provider's taxable year beginning before January 1, 2010, that involve only limited amounts. • An outline of, and request for comments on, a potential corrections program that would permit service recipients and service providers to limit the amounts required to be included in income under § 409A(a) due to certain operational failures. II. CORRECTIONS OF CERTAIN OPERATIONAL FAILURES IN THE SAME TAXABLE YEAR AS THE FAILURE OCCURS A. General Requirements If an unintentional operational failure to comply with § 409A(a) occurs, but the operational failure is corrected in accordance with this § II, no amount is required to be included in income under § 409A(a) as a result of the failure. The relief provided by this § II applies only to unintentional operational failures, which means an unintentional failure to comply with plan provisions that satisfy the requirements of § 409A(a) and the guidance thereunder, or an unintentional failure to follow the requirements of § 409A(a) in practice, due to one or more inadvertent errors in the operation of the plan . This § II does not provide relief for plan terms and provisions that fail to meet the requirements of § 409A and the applicable guidance or for operational failures for which a correction is not described in this § 11.1 Relief is not available under this § II with respect to any intentional failure to comply with the terms of a plan or the requirements of § 409A in the operation of a plan . In addition , relief is not available under this § II with respect to any exercise of a stock right that otherwise would result in a failure to comply with § 409A. Relief otherwise available under this § II is conditioned upon the timely filing and providing of the information required by § IV of this notice. The relief provided under this § II is not available unless, in addition to correcting the operational failure in accordance with this § II, the service recipient takes 1 Reliance on the transition relief provided in Notice 2007-86 , 2007-46 IRB 990, the preamble to the final regulations under § 409A, 72 Fed. Reg . 19234, Notice 2006-79 , 2006-43 IRB 763, the preamble to the proposed regulations under § 409A, 70 Fed. Reg . 57930 , or Notice 2005-1, 2005-1 CB 274 , for the years to which such transition relief applies, does not preclude a taxpayer from qualifying for the relief provided in this notice with respect to unintentional operational errors occurring in taxable years beginning before January 1, 2009 . 2 commercially reasonable steps to avoid a recurrence of the operational failure. If the same or a substantially similar operational failure has occurred previously, the relief is not available for any taxable year of the service provider beginning after December 31, 2008, unless the service recipient demonstrates that the service recipient had established practices and procedures reasonably designed to ensure that such an operational failure would not recur, had taken commercially reasonable steps to avoid a recurrence of the operational failure, and the operational failure occurred despite the diligent efforts of the service recipient. Relief is not available under this § II with respect to any intentional failure to comply with the terms of a plan or the requirements of § 409A in the operation of a plan. The relief provided in this section also is not available with respect to an operational failure that is egregious, or where the failure is directly or indirectly related to participation in an abusive tax avoidance transaction (meaning any listed transaction under § 1.6011-4(b)(2)). In each instance, the taxpayer claiming the relief has the burden of demonstrating that the taxpayer was eligible for the relief and that the requirements of this section have been met. Any application of the relief provided in this section is subject to examination by the IRS. B. Failure to Defer Amount or Incorrect Payment Corrected in the Same Taxable Year This § II.B applies to amounts of nonqualified deferred compensation that, under the terms of the plan and any applicable deferral election, and § 409A and the applicable guidance, should not have been paid or made available to a service provider in a taxable year of the service provider, but were paid or made available in that year 3 due to an unintentional operational failure with respect to the plan, other than a payment that fails to meet the requirements of § 409A(a)(2)(8)(i) and the applicable guidance thereunder (requirement to delay for six months payments to a specified employee upon separation from service). For rules relating to correction of certain payments made in violation of § 409A(a)(2)(8)(i) and the applicable guidance under that section, see § Il.e of this notice. An amount to which this § 11.8 applies is treated as having been timely deferred in accordance with the terms of the plan and any applicable deferral election (or as having continued to be deferred under the terms of the plan) if the service provider repays to the service recipient the amount that was erroneously paid or made available to the service provider on or before the last day of the service provider's taxable year in which such amount was erroneously paid or made available, and immediately after such repayment the service provider has a legally binding right under the plan to be paid the amount that would have been due if such amount had not been erroneously paid or made available to the service provider during such taxable year, at the same time and in the same form of payment that the amount would have been payable if such amount had not been erroneously paid or made available to the service provider during such taxable year. In addition, if the total of all amounts to which this § 11.8 applies that are erroneously paid or made available under a plan (as defined for purposes of § 409A) in a service provider's taxable year exceeds the limit on elective deferrals that would apply to a qualified plan under § 402(g)(1 )(8) for the year in which the erroneous payment was made and the service provider is an insider (as defined in this § 11.8) with respect to 4 the service recipient, to qualify for the relief provided in this section, the service provider must also pay interest to the service recipient at the time the service provider repays the amount to the service recipient equal to the amount of the erroneous payment (E) multiplied by the short-term applicable Federal rate (AFR) under § 1274(d)(1) (r) multiplied by a fraction, the numerator of which is the number of days from the erroneous payment date to the repayment date (n1) and the denominator of which is the number of days in such taxable year (n2), or (E x r x n1/n2). For purposes of the preceding sentence, r is the short-term AFR, based on annual compounding, for the month in which the erroneous payment was paid or made available to the service provider. For purposes of counting days under this § 11.8, the first day of the period is disregarded and the last day is taken into account. Where a repayment is made through a reduction of the service provider's other compensation, the repayment date occurs on each date the compensation otherwise would have been paid to the service provider, and if the amount withheld on a repayment date is less than the entire erroneous payment, the interest calculation in the preceding sentence is applied by substituting the unpaid balance immediately before the repayment for the amount of the erroneous payment. For purposes of this notice, a service provider is an insider with respect to a service recipient if the service provider is a director or officer of the service recipient or is directly or indirectly the beneficial owner of more than 10 percent of any class of any equity security of the service recipient, determined in accordance with the rules of the Securities and Exchange Commission under § 16 of the Securities Exchange Act of 1934, as amended, 15 USC 78p, without regard to whether the service recipient has 5 any class of equity securities registered under § 12 of such Act, 15 USC 781. See 17 CFR § 240.16a-1 (a) (beneficial owner) and (f) (officer). In the case of a service recipient that is not a corporation, such rules are applied by analogy. The service provider may satisfy the requirement to repay the service recipient the amount erroneously paid to the service provider and interest (if applicable) by paying the service recipient the equivalent amount on or before the last day of such taxable year. Alternatively, in lieu of such repayment, the service recipient may reduce the service provider's compensation that otherwise would have been paid during such taxable year by an equivalent amount on or before the last day of such taxable year. In either case, an amount will not be treated as paid by the service provider if, in connection with such payment, the service recipient pays the service provider, or otherwise provides a benefit (including an obligation to pay an amount or provide a benefit in the future), intended as a substitute for all or part of the amount the service provider is required to repay the service recipient. The amount erroneously paid to the service provider that is repaid by the service provider to the service recipient is not required to be included in income by the service provider, or reported as income to the service provider on a Form W-2 or Form 1099 by the service recipient. To the extent employment taxes have been withheld and paid with respect to such payment, appropriate adjustments should be made under the applicable rules under § 6413. To the extent that, in lieu of repayment, the service recipient reduces other compensation that would have been paid to the service provider, the other compensation that would have been paid to the service provider, but instead is used to repay the erroneous payment or to pay any required interest on the 6 erroneous payment, is includible in income (and wages if the service provider is an employee); however, any employment taxes withheld and paid with respect to the original erroneous payment may be applied to satisfy the requirement to withhold and pay employment taxes on such compensation, in which case no adjustment to the employment taxes previously withheld and paid should be made. For purposes of this § II.B, the service provider's account balance or other amount of deferred compensation under the plan may be adjusted for earnings (or losses) retroactive to the date the amount should have been credited to the service provider's account or otherwise deferred (or if the amount should have otherwise remained deferred compensation after the end of the service provider's taxable year, retroactive to the date the amount was paid or made available), provided that such adjustment must be made on or before the last day of such taxable year (or if it is impracticable to make the adjustment by the end of such taxable year, the service provider (in the case of earnings) and the service recipient (in the case of losses) must have a legally binding right to have such adjustment made on or before the last day of such taxable year). The relief provided in this § 1I.B is not available with respect to any erroneous payment occurring during any taxable year of the service provider in which the service recipient experienced a substantial financial downturn or otherwise experienced financial or other issues that indicated a significant risk that the service recipient would not be able to pay the amount deferred when the payment became due. In each of the following examples, it is assumed that Employer does not make any payment to Employee, or otherwise provide a benefit (including an obligation to pay 7 an amount or provide a benefit in the future) to or on behalf of Employee, that is intended as a substitute for all or part of the amount that Employee pays to Employer (or the reduction in compensation otherwise payable to Employee), that Employee is an individual whose taxable year is the calendar year, that Employer did not experience a substantial financial downturn or otherwise experience financial or other issues that indicated a significant risk that the service recipient would not be able to pay the amount deferred when the payment became due, and that Employee and Employer each satisfy the other applicable requirements of this § II. Example 1: Employee, who is not an insider with respect to Employer, makes a timely election to defer 50% of a bonus payable in 2007 pursuant to an account balance plan maintained by Employer. The bonus is $100,000. Due to an unintentional operational failure with respect to the plan, Employer defers only 10% of the bonus, or $10,000, and pays Employee the other $90,000 in 2007 (including the $40,000 that should have been deferred). The deferral is treated as made in accordance with the terms of the plan and the deferral election if, on or before December 31 , 2007, the additional $40,000 is credited to Employee's account balance and Employee pays Employer $40,000. The $40,000 erroneously paid to Employee is not required to be included in income by Employee or reported by Employer on Form W-2. Alternatively, in lieu of the $40,000 repayment by Employee to Employer, compensation otherwise payable to Employee in 2007 (such as salary payments) may be reduced by $40,000, provided that the $40,000 reduction in Employee's compensation used to repay the amount (but not the $40,000 erroneous payment) is included in income by Employee and reported as wages by Employer on the 2007 Form W-2. Employer may also adjust 8 Employee's account to reflect the earnings (or losses) that would have been allocated to Employee's account had the amount been timely deferred and credited to Employee's account balance, if such adjustment for earnings (or losses) is made on or before December 31, 2007. Alternatively, if it is impracticable to make the adjustment on or before December 31,2007, such adjustment may be made later retroactively to December 31,2007, provided that Employee and Employer each has a legally binding right on December 31, 2007 with respect to such adjustment. For example, if the original incorrect deferral would have been credited with 10% in deemed investment earnings, the deferral plus earnings would be $11,000. This amount must be increased by the $40,000 repaid by Employee and may also be increased by an additional $4,000 ($40,000 multiplied by 10%), to result in the $55,000 account balance that would have been reflected had the amount been properly deferred. If the original incorrect deferral would have been charged with 10% in deemed investment losses, the deferral less losses would be $9,000. This account balance must be increased by the $40,000, but may also be reduced by $4,000, for a net increase of $36,000, to result in the $45,000 account balance that would have been reflected had the amount been properly deferred. Example 2: Pursuant to a nonqualified deferred compensation plan sponsored by Employer, Employee, who is an insider with respect to Employer, is scheduled to receive a $10,000 installment payment in 2007 that is not subject to the 6-month delay for payments to specified employees upon separation from service under § 409A(a)(2)(8)(i). Due to an unintentional operational failure with respect to the plan, Employer pays Employee $11,000. The installment payment is treated as made in 9 accordance with the terms of the plan and the deferral election if on or before December 31,2007, the excess $1,000 payment is credited to Employee's account balance, and Employee pays Employer $1,000. The $1,000 is not required to be included in income by Employee or reported by Employer as wages on Form W-2. Alternatively, in lieu of the $1,000 payment by Employee to Employer, Employee's compensation otherwise payable in 2007 (such as salary payments) may be reduced by $1,000, provided that the $1,000 reduction in Employee's compensation used to repay the amount (but not the $1,000 erroneous payment) is included in income by Employee and reported by Employer as wages on the 2007 Form W-2. Because the excess $1,000 payment does not exceed the applicable limit on elective deferrals that would apply to a qualified plan under § 402(g)(1 )(B), Employee is not required to pay any interest to qualify for the relief. Employer may also adjust Employee's account to reflect the earnings (or losses) that would have been allocated to Employee's account had the amount been timely deferred and credited to Employee's account balance, if such adjustment for earnings (or losses) is made on or before December 31,2007. Alternatively, if it is impracticable to make the adjustment on or before December 31, 2007, such adjustment may be made later retroactively to December 31,2007, provided that on December 31,2007, Employee and Employer each has a legally binding right with respect to such adjustment. Example 3: Employee, who is an insider with respect to Employer, makes a timely election to defer 80% of a $100,000 bonus payable on July 1,2009, pursuant to an account balance plan maintained by Employer. Due to an unintentional operational failure with respect to the plan, Employer defers only 10% of the bonus, or $10,000, and 10 pays Employee the other $90,000 (including $70,000 that should have been deferred) on July 1, 2009. Assume for purposes of this example that the short-term AFR, based on annual compounding, for July 2009 is 4.0 percent. Employer notifies Employee of the error and Employee pays Employer $70,705.75 on October 1, 2009, consisting of the $70,000 erroneous payment plus interest equal to $705.75 ($70,000 x .04 x 92/365) (because the erroneous payment exceeds the limit on elective deferrals that would apply to a qualified plan under § 402(g)(1 )(B) for 2009 and Employee is an insider). The deferral is treated as made in accordance with the terms of the plan under this § II.B. The $70,000 is not required to be included in income by Employee or reported as wages by Employer on Form W-2. Alternatively, in lieu of the $70,705.75 payment by Employee to Employer, compensation otherwise payable to Employee in 2009 (such as salary payments) may be reduced by $70,000 plus applicable interest, in which case the reduction in Employee's compensation used to repay the amount plus interest (but not the erroneous $70,000 payment) must be reported by Employer as wages on the 2009 Form W-2 issued to Employee and included in Employee's income for 2009. Employer may also adjust Employee's account to reflect the earnings that would have been allocated to Employee's account had the amount been timely deferred and credited to Employee's account balance, if such adjustment for earnings is made on or before December 31, 2009. Alternatively, if it is impracticable to make the adjustment on or before December 31, 2009, such adjustment may be made retroactively to December 31,2009, provided that Employee and Employer each have a legally binding right on December 31,2009 with respect to such adjustment. 11 C. Incorrect Payment in Violation of § 409A(a)(2)(8)(i) Corrected in the Same Taxable Year This section applies to amounts of nonqualified deferred compensation that, under the terms of the plan and any applicable deferral election, and § 409A(a)(2)(8)(i) (requirement to delay for six months payments to a specified employee upon separation from service) and the applicable guidance, should not have been paid or made available to a service provider for at least six months following the service provider's separation from service, but that were paid or made available to the service provider before the expiration of such six-month period due to an unintentional operational failure with respect to the plan. For the ability to correct certain other payments in violation of § 409A and the applicable guidance, see § 11.8 of this notice. With respect to an amount to which this § II.C applies, the service provider will not be treated as having failed to comply with § 409A(a)(2)(8)(i) and the terms of the plan and any applicable deferral election as a result of the amount being paid or made available at the earlier date if, on or before the last day of the service provider's taxable year in which the amount was paid or made available, the service provider repays to the service recipient the amount that was erroneously paid or made available to the service provider, immediately after such repayment the service provider has a legally binding right to receive such amount from the service recipient on the date that is the same number of days after the later of (i) the date the amount would otherwise have been payable under the terms of the plan and the applicable deferral election or (ii) the date of the repayment as the number of days from the date the service recipient made the erroneous payment to the service provider through the date the service provider repaid the erroneous payment to the service recipient, and the repaid amount is not paid or 12 made available to the service provider before such date. For purposes of counting days under this § II.C, the first day of the period is disregarded and the last day is taken into account (for example, if on June 1, 2008, a service recipient mistakenly paid a service provider an amount that the service provider repaid on June 30, 2008, there would be 29 days from the date of payment through the date of repayment). If the requirements of this § II.C are met, the original payment from the service recipient to the service provider that has been repaid to the service recipient is not required to be reported as income on Form W-2 or Form 1099, as applicable. To the extent employment taxes have been withheld and paid with respect to such payment, appropriate adjustments should be made under the applicable rules under § 6413. However, the subsequent payment of the amount by the service recipient to the service provider is required to be reported appropriately as income on Form W-2 or Form 1099, as applicable, and subject to the applicable employment taxes. If the payment is deductible by the service recipient, the taxable year in which such deduction is allowable will be determined in accordance with § 404(a)(5) and the service recipient's method of accounting. The relief provided in this section is not available with respect to any erroneous payment occurring during any taxable year of the service provider in which the service recipient experienced a substantial financial downturn or otherwise experienced financial or other issues that indicated a significant risk that the service recipient would not be able to pay the amount deferred when the payment became due. In each of the following examples, it is assumed that: Specified Employee is an individual whose taxable year is the calendar year; at all relevant times Specified 13 Employee is a specified employee of Employer for purposes of § 409A(a)(2)(8)(i); at all relevant times Employer is not experiencing any substantial financial downturn or any other financial or other issue that indicates a significant risk that Employer would not be able to pay the relevant deferred amounts when due; and Employee and Employer each satisfy the other applicable requirements of this § II. Example 1: Under a nonqualified deferred compensation plan sponsored by Employer, Specified Employee has a legally binding right to a payment of deferred compensation on the first day of the seventh month following Specified Employee's separation from service. Specified Employee separates from service on November 15, 2007 so that the payment is due on June 1, 2008. Due to an unintentional operational failure with respect to the plan, Employer pays Specified Employee the amount of deferred compensation on May 1, 2008. Employer discovers the error on July 1, 2008, and Specified Employee repays the amount to Employer on July 1, 2008 (61 days after the erroneous payment). Provided that immediately after such repayment Specified Employee has a legally binding right to receive the amount from Employer on August 31, 2008 (61 days after the July 1, 2008 repayment date) and Employer does not repay the amount to Specified Employee before that date, Specified Employee will not be treated as having failed to comply with § 409A(a)(2)(8)(i) and the terms of the plan and the applicable deferral election solely as a result of the early payment. Example 2: Under a nonqualified deferred compensation plan sponsored by Employer, Specified Employee has a legally binding right to a payment of deferred compensation payable on the first day of the seventh month following separation from service. Specified Employee separates from service on May 1, 2008 so that the 14 payment is due on December 1, 2008. Due to an unintentional operational failure with respect to the plan, Employer pays Specified Employee the amount of deferred compensation on May 1, 2008. Employer discovers the error and Specified Employee repays the amount to Employer on July 1,2008 (61 days after the erroneous payment). Provided that immediately after such repayment Specified Employee has a legally binding right to receive the amount from Employer on January 31,2009 (61 days after December 1,2008) and Employer does not repay the amount to Specified Employee before that date, Specified Employee will not be treated as having failed to comply with § 409A(a)(2)(8)(i) and the terms of the plan and the applicable deferral election solely as a result of the early payment. The erroneous payment is not includible in Specified Employee's income, and is not required to be reported on the 2008 Form W-2. Such amount is includible in Specified Employee's income in the year in which the amount is repaid by Employer to Specified Employee pursuant to the plan, and is required to be reported on that year's Form W-2 and subject to applicable employment taxes. D. Excess Deferred Amount Corrected in the Same Taxable Year If under the terms of a plan and an applicable deferral election, and § 409A and the applicable guidance, an amount that should not have been deferred compensation under the plan is credited to the service provider's account or otherwise treated as deferred compensation under the plan as a result of an unintentional operational failure with respect to the plan, and such excess amount otherwise would have been paid to the service provider during the service provider's taxable year in which the excess amount was incorrectly credited to the service provider's account or otherwise treated as deferred compensation under the plan, the excess amount is not treated as an 15 amount deferred under the plan if the excess amount is paid to the service provider on or before the last day of the service provider's taxable year in which the excess amount was incorrectly treated as deferred compensation. The amount to which the service provider has a legally binding right under the plan at the end of the year must be adjusted to reflect the payment (for example, through a reduction in the account balance). In addition, if the service provider is an insider with respect to the service recipient (as defined in § II.B of this notice), the remaining account balance (or other deferred compensation under the plan) must be adjusted for positive earnings retroactive to the date the excess amount was incorrectly credited to the service provider's account or otherwise incorrectly treated as deferred under the plan, provided that such adjustment must be made on or before the last day of the service provider's taxable year in which such amount was incorrectly treated as deferred compensation under the plan (or if it is impracticable to make the adjustment by the end of such year, the service recipient must have a legally binding right on the last day of such taxable year to make such adjustment retroactively to such date). In other cases, such adjustment may be (but is not required to be) made. Where the amount was subject to losses, the remaining account balance (or other deferred compensation under the plan) is not required to be adjusted, but may be adjusted for such losses retroactive to the date the excess amount was incorrectly credited to the service provider's account or otherwise incorrectly treated as deferred under the plan, provided that such adjustment must be made on or before the last day of the service provider's taxable year in which such amount was incorrectly treated as deferred compensation under the plan (or if it is impracticable to make the adjustment by the end of such taxable year, the service 16 provider must have a legally binding right on the last day of such taxable year to require that such an adjustment be made retroactively to the date of the failure). The service recipient may (but is not required to) pay reasonable interest to (or otherwise reasonably compensate) the service provider to reflect the time value of money with respect to the late payment, provided that such interest or other compensation is paid or made available by the end of the service provider's taxable year in which such amount was incorrectly treated as deferred compensation under the plan. This relief is not applicable to a service recipient's failure to timely pay in the proper taxable year of a service provider amounts that were deferred in one or more previous taxable years of the service provider. However, see § 1.409A-3(d) for certain circumstances under which such payments may be treated as made in accordance with a designated payment date. Example: Employee, who is an insider with respect to Employer and whose taxable year is the calendar year, makes a timely election pursuant to an account balance plan to defer 10% of a bonus otherwise payable in 2007. The bonus is $100,000. Due to an unintentional operational failure with respect to the plan, Employer defers 50% of the bonus, or $50,000, and pays Employee $50,000 (instead of deferring $10,000 and paying Employee $90,000). The excess $40,000 will not be treated as deferred under the plan if on or before December 31,2007, Employer pays Employee $40,000 of the account balance under the plan, and Employee and Employer each satisfy the other applicable requirements of this § II. The remaining account balance must be adjusted for earnings and may be adjusted for losses that were allocable to such amount under the plan. For example, if the account was credited with 10% in 17 deemed investment earnings, the account balance must be reduced by both the $40,000 paid to Employee and the $4,000 in earnings, or $44,000, to result in the $11,000 account balance that would have been reflected had the deferred compensation under the plan been properly deferred. The adjustment must be made by December 31,2007, except that the adjustment can be made later, retroactively as of that date, if it is impracticable to make the adjustment by December 31, 2007 and the service recipient has a legally binding right on that date to make such a retroactive adjustment. If the account was charged with 10% in deemed investment losses, the account balance must be reduced by the $40,000, but may be increased not later than December 31,2007, by the $4,000 in losses on the improperly deferred amount, for a net reduction of $36,000, to result in the $9,000 account balance that would have been reflected had the deferred compensation under the plan been properly deferred. Alternatively, if it is impracticable to make the adjustment on or before December 31, 2007, such $4,000 adjustment may be made later retroactively to December 31,2007, provided that the service provider has a legally binding right on December 31,2007, to have such adjustment made. Employer may (but is not required to) pay Employee reasonable interest on the $40,000 erroneous deferral provided such payment is made by December 31 , 2007. E. Correction of Exercise Price of Otherwise Excluded Stock Rights This § II.E applies if under the terms of a stock right, the stock right would not be nonqualified deferred compensation under § 1.409A-1 (b)(5)(i)(A) (excluded stock options) or § 1.409A-1 (b)( 5)(i )(8 ) (excluded stock appreciation rights), except that the exercise price of the stock right is less than the fair market value of the underlying stock 18 on the date of grant. This section applies only if the failure of the exercise price to equal or exceed the fair market value of the underlying stock results from an unintentional administrative error in determining the exercise price. If this section applies to a stock right, the stock right is treated from the date of grant as not providing for nonqualified deferred compensation for purposes of § 409A. This section applies if before the stock right is exercised and not later than the last day of a service provider's taxable year in which the service recipient granted the service provider the stock right, the exercise price is reset to an amount equal to or exceeding the fair market value of the underlying stock on the date of grant, and at all times before such increase in the exercise price the stock right otherwise would not have provided for nonqualified deferred compensation for purposes of § 409A. For example, assume that on January 1, 2008, an employer grants an employee a stock option to purchase 100 shares of stock, and the stock option would otherwise be excluded from coverage under § 409A except that due to an unintentional administrative error the exercise price is set at an amount below the fair market value of the stock on January 1, 2008. Assume further that on July 1, 2008, the employee partially exercises the stock option and purchases 40 shares, but retains a stock option to purchase 60 shares. Provided that on or before December 31, 2008, the exercise price of the remaining stock option to purchase 60 shares is reset to a price at or above the fair market value of the underlying stock on January 1, 2008, the stock option to purchase 60 shares may qualify for the relief provided in this section. Because the exercise price was not reset before July 1, 2008, the portion of the stock option that was exercised to purchase 40 shares is not eligible for the relief provided in this section. 19 III. TRANSITION RELIEF FOR CERTAIN OPERATIONAL FAILURES INVOLVING LIMITED AMOUNTS OCCURRING DURING TAXABLE YEARS BEGINNING BEFORE 2010 A. General Requirements If an unintentional operational failure to comply with § 409A(a) occurs during a service provider's taxable year beginning before January 1,2010, but the operational failure qualifies for the relief provided in this § III and is corrected in accordance with this § III, the amount required to be included in income under § 409A(a) as a result of the failure, and the resulting additional taxes under § 409A, are limited in accordance with the provisions of this section. In each instance, the taxpayer claiming the relief (the service provider, the service recipient, or both) has the burden of demonstrating that such taxpayer was eligible for the relief and that the requirements of this section have been met. Any application of the relief provided in this section is subject to examination by the IRS. The relief provided by this section applies only to unintentional operational failures, which means an unintentional failure to comply with plan provisions that satisfy the requirements of § 409A(a) and the guidance thereunder, or an unintentional failure to follow the requirements of § 409A in practice, due to one or more inadvertent errors in the operation of the plan. This notice does not apply to plan terms that fail to meet the requirements of § 409A and applicable guidance or to operational failures for which a correction is not provided in this § III. The relief provided under this § III is not available unless, in addition to correcting the operational failure in accordance with this § III, the service recipient takes commercially reasonable steps to avoid a recurrence of the operational failure. For any 20 taxable year of the service provider beginning after December 31, 2008, if the same or a substantially similar operational failure has occurred previously, the service recipient must demonstrate that the service recipient had established practices and procedures reasonably designed to ensure that such an operational failure would not recur, had taken commercially reasonable steps to avoid a recurrence of the operational failure and that the operational failure occurred despite the diligent efforts of the service recipient. Relief otherwise available under this § III is conditioned upon the timely filing and providing of the information required by § IV of this notice. The relief provided by this section is not available with respect to any failure unless all of the requirements of this section (other than the requirements of § IV of this notice) have been satisfied not later than the end of the second taxable year of the service provider following the taxable year of the service provider in which such failure occurred. In addition, the relief provided in this section is not available if a federal income tax return of the service provider for the taxable year of the service provider in which the failure occurred is under examination with respect to the plan. For this purpose, an individual service provider is treated as under examination with respect to the plan if the individual is under examination with respect to the individual's federal income tax return (for example, Form 1040) for the taxable year. Relief is not available under this § III with respect to any intentional failure to comply with the terms of a plan or the requirements of § 409A in the operation of a plan. The relief provided in this section also is not available with respect to an operational failure that is egregious, or where the failure is directly or indirectly related to participation in an abusive tax avoidance transaction (meaning any listed transaction 21 under § 1.6011-4(b )(2)). The relief provided in this section also is not available with respect to a failure to comply with § 409A resulting from an exercise of a stock right. B. Failure to Defer Limited Amount not Corrected in the Same Taxable Year and Certain Erroneous Payments This § III.B applies if during a service provider's taxable year beginning before January 1, 2010, an unintentional operational failure occurs that meets the following requirements: (1) An amount should have been treated as deferred compensation under the terms of the plan and any applicable deferral election, and § 409A and the applicable guidance, but the amount was not credited to the service provider's account or otherwise treated as deferred compensation during the service provider's taxable year, or did not remain deferred compensation after the end of such year; (2) Because the amount was not credited to the service provider's account or otherwise treated as deferred compensation under the plan during such year, or did not remain deferred compensation under the plan after the end of such year, the amount was paid or made available to the service provider during the service provider's taxable year; (3) Section II.B of this notice does not apply because relief is not available under § 11.8 of this notice with respect to the failure, the failure is not corrected under § 11.8 of this notice, or otherwise; and (4) The amount paid or made available to the service provider does not exceed the limit on elective deferrals that would apply to a qualified plan under § 402(g)(1 )(B) for the year of the operational failure. 22 In such a case, if the plan is otherwise compliant with the requirements of § 409A and the applicable guidance, the amount includible in income under § 409A(a) as a result of such payment is limited to the amount that should have been treated as deferred compensation under the plan (or should have continued to be deferred compensation under the plan) but was instead paid or made available to the service provider, and does not include any other amounts deferred under the plan. In addition, with respect to such amount includible in income under § 409A(a), the service provider is required to pay the additional tax under § 409A(a)(1 )(8)(i)(II) (the additional 20% tax), but is not required to pay the additional tax under § 409A(a)(1 )(8)(i)(I) (the premium interest tax). For purposes of this section, a payment of an amount (including a payment of an amount that is one of a series of installment payments or life annuity payments) that under the terms of the plan and § 409A(a)(2)(8)(i) and the applicable guidance is required to be delayed for at least six months following a separation from service, but is paid before the completion of that six months, may be treated as the payment of an amount that should have continued to be deferred compensation. In addition, for purposes of this section, the plan includes any arrangements treated as a single plan under § 1.409A-1 (c), so that this section will apply only if any and all erroneous payments under the plan, in the aggregate, of amounts that otherwise should have been treated as deferred compensation with respect to the service provider during the taxable year (or should have continued to be deferred compensation during the taxable year), do not exceed the limit on elective deferrals that would apply to a qualified plan under § 402(g)(1 )(8) for such year. The relief provided in this § 111.8 is not available if the 23 operational failure occurred during a taxable year of the service provider in which the service recipient experienced a substantial financial downturn or otherwise experienced financial or other issues that indicated a significant risk that the service recipient would not be able to pay the amount deferred when the payment became due. It is assumed for purposes of the following examples that: Employee is an individual whose taxable year is the calendar year; Employee's tax return is not under examination for any relevant period; during all relevant periods Employer did not experience any financial downturn or financial or other issues indicating a significant risk that Employer would not be able to pay relevant deferred amounts when due; and Employee and Employer each satisfy the other applicable requirements of this § III. Example 1: Employee makes a timely election to defer 10% of a bonus payable in 2007 pursuant to an account balance plan. The bonus is $10,000. Due to an unintentional operational failure with respect to the plan, Employer defers only 8% of the bonus, or $800, and pays Employee $9,200 (instead of deferring $1,000 and paying Employee $9,000). The amount is not corrected by December 31,2007, when Employee's account balance is $100,000. As a payment to Employee, Employer must treat the amount as a wage payment for employment tax and reporting purposes, as appropriate, including reporting as income and wages on the 2007 Form W-2. Employer is permitted to report as income under § 409A on the 2007 Form W-2 (or 2007 Form W-2c), Box 12, using Code Z, only $200, and Employee is permitted to include in income under § 409A for 2007 only $200. Furthermore, Employee is permitted to pay the additional 20% tax only with respect to the $200 (or $40 in additional income tax), and is not required to pay the premium interest tax. 24 Example 2: Employee is a specified employee entitled under a nonqualified deferred compensation plan to a life annuity commencing upon the first day of the seventh month following the specified employee's separation from service. The annuity payments are $2,000 per month. Employee separates from service on April 18,2007, and is scheduled to receive an initial annuity payment on November 1,2007. Due to an inadvertent miscalculation of the specified employee's separation from service date, Employee receives a $2,000 payment on October 1,2007, before the end of the 6month period following Employee's separation from service. Employer and Employee do not discover the error until 2008, so that the relief provided in § II.C of this notice is not available. As a payment to Employee, Employer must treat the amount as a wage payment for employment tax and reporting purposes, as appropriate, including reporting as income on the 2007 Form W-2. Employer is permitted to report as income under § 409A on the 2007 Form W-2 (or 2007 Form W-2c), Box 12, using Code Z, only $2,000, and Employee is permitted to include in income under § 409A in 2007 only $2,000. Furthermore, Employee is permitted to pay the additional 20% tax only with respect to the $2,000 (or $400 in additional income tax), and is not required to pay the premium interest tax. C. Limited Excess Deferred Amount not Corrected in the Same Taxable Year This § III.C applies if on or before the last day of a service provider's taxable year beginning before January 1, 2010, the following requirements are met: (1) Under the terms of the plan and any applicable deferral election, and § 409A and the applicable guidance, an amount of deferred compensation under the plan should have been paid or made available to the service provider during the service 25 provider's taxable year, or an amount is treated as deferred compensation under the plan that should have been paid or made available to the service provider during the service provider's taxable year, but such amount is not paid or made available due to an unintentional operational failure with respect to the plan; (2) Section II.D of this notice does not apply because relief is not available under § liD of this notice with respect to the failure, the failure is not corrected under § II.D of this notice, or otherwise; (3) The amount that should have been paid or made available to the service provider during that service provider's taxable year does not exceed the limit on elective deferrals that would apply to a qualified plan under § 402(g)(1 )(8) for such year; (4) 8y the later of the end of the service provider's taxable year in which the failure is discovered or the fifteenth day of the third month following the date upon which the failure is discovered, the service recipient pays the service provider the amount that should have been paid or made available to the service provider, provided that any earnings allocable to such amounts through the date of the payment are either forfeited or added to the payment to the service provider, and any losses allocable to such amounts through the date of the payment are either permanently disregarded or subtracted from the payment to the service provider, and the service recipient reports such payment on a Form W-2 or Form 1099, as applicable, in accordance with the requirements of this section; and (5) The service provider includes such amount in income and pays the additional taxes under § 409A(a) as described in this section on a timely filed federal income tax 26 return (including an income tax return filed in accordance with a timely request for extension, but not including an amended income tax return). In such a case, if the plan otherwise complies with the requirements of § 409A and the applicable guidance, the amount includible in income under § 409A(a) as a result of such failure is limited to the excess amount paid to the service provider, and does not include any other deferred compensation under the plan, and the amount is includible in income only when paid to the service provider in accordance with this section. In addition, with respect to this amount includible in income under § 409A(a), the service provider is required to pay the additional 20% tax, but is not required to pay the premium interest tax. If the service recipient properly reports the payment as includible in income under § 409A on a Form W-2, if applicable, for the year in which the payment was made, including reporting such amount on Form W-2, 80x 12 using Code Z, the service recipient will not be subject to penalties or liability for the failure to properly withhold under § 3402. For purposes of this section, the plan includes any arrangements treated as a Single plan under § 1.409A-1 (c), so that this section will apply only if any and all erroneous deferrals under the plan, in the aggregate, of amounts that otherwise should have been paid during the service provider's taxable year to the service provider do not exceed the applicable limit on elective deferrals that would apply to a qualified plan under § 402(g)(1 )(8). Example: Employee, who has a calendar year taxable year, makes a timely election to defer 8% of a bonus payable in 2007 into an account balance plan. The bonus is $10,000. Due to an unintentional operational failure with respect to the plan, 27 Employer defers 10% of the bonus, or $1,000, and pays Employee $9,000 (instead of deferring $800 and paying Employee $9,200). The plan otherwise complies with § 409A and the applicable guidance. Employer discovers the error on February 1, 2008, so that the excess deferred amount of $200 is not corrected by December 31, 2007. On March 1,2008, at which time Employee's account balance includes $15 in earnings on the excess $200 credited to the account, Employer pays Employee $215. Employer reports the $215 as income under § 409A on the 2008 Form W-2, Box 1 and Box 12, using Code Z and satisfies the other applicable requirements of this § III, including the requirements of § IV of this notice. Provided that Employee reports such income and pays the applicable taxes, including the additional § 409A taxes, on a timely filed 2008 Form 1040 (including a 2008 Form 1040 filed under extension, but not an amended 2008 Form 1040), and satisfies the applicable requirements of § IV of this notice, Employee is not required to include any additional amounts deferred under the plan in income under § 409A(a) or to include any amount in income under § 409A for years before 2008, and with respect to the $215 includible in income under § 409A is required to pay only the additional 20% tax (or $42.50 in additional income tax), and not the premium interest tax. Employer may also have paid Employee only the $200 excess deferred amount if the $15 in earnings on such amount were forfeited. IV. INFORMATION AND REPORTING REQUIREMENTS A. Information Required with Respect to Correction of an Operational Failure in the Same Taxable Year as the Failure Occurs A service recipient described in § II of this notice must attach to its timely-filed (including extensions) original federal income tax return for its taxable year in which the failure occurred a statement entitled "§ 409A Relief under § II of Notice 2007-100" 28 setting out the information required by § IV.A.1 of this notice, and must provide to each service provider affected by such failure a statement entitled u§ 409A Relief under § II of Notice 2007-100" setting out the information required by § IV.A.2 of this notice by no later than the date (with extensions) on which it is required to provide an information return (Form W-2 or 1099) to such service provider for the calendar year in which such failure occurred (or if no information return is required for such service provider, not later than the January 31 following the calendar year in which such failure occurred). Notwithstanding the foregoing, to qualify for the relief described in § II.E of this notice (Correction of Exercise Price of Otherwise Excluded Stock Rights), the service recipient is not required to provide a statement to such service provider with respect to such failure. In addition, each taxpayer relying on the relief provided in § II of this notice must provide notice to the examining agent upon the commencement of an examination of such taxpayer's federal tax return that the taxpayer was relying upon the relief provided under this notice for years covered by the examination (except in the case of a service provider for whom a correction has been made under § II.E of this notice). 1. Attachment to Service Recipient Tax Return for Failures Described in § II The service recipient must attach a statement to its federal income tax return stating that it is relying upon § II of this notice with respect to a correction of a failure to comply with § 409A and setting out the following information with respect to each such failure: a. The name and taxpayer identification number of each service provider affected by the failure and whether such service provider is an insider with respect to the service recipient. Where the same or a substantially similar operational failure has occurred with respect to multiple service providers, the information required in § IV.A.1.b through 29 e of this notice may be supplied only once with respect to such operational failure, provided that the identification of each service provider affected by the operational failure in this § IV.A.1.a references such information and the amount involved in the operational failure with respect to such service provider. b. Identification of the nonqualified deferred compensation plan with respect to which such failure occurred. c. A brief description of the failure and the circumstances under which it occurred, including the amount involved and date on which the failure occurred. d. A brief description of the steps taken to correct the failure and the date on which such correction was completed. e. A statement that the operational failure is eligible for the correction under the terms of this notice, and that the service recipient has taken all actions required, and otherwise met all requirements, for such correction. 2. Information to be Provided to Service Provider for Failures Described in § II The service recipient must provide the following information to each service provider affected by correction of a failure to comply with § 409A who is entitled to relief under § II of this notice (other than § II.E of this notice (Correction of Exercise Price of Otherwise Excluded Stock Rights)) with respect to such failure: a. A statement that the service provider is entitled to the relief provided in § II of this notice with respect to a failure to comply with § 409A. b. The information described in § IV.A.1.b through e of this notice. 30 B. Information Required with Respect to Transition Relief for Certain Operational Failures Involving Limited Amounts A service recipient described in § III.B or III.C of this notice must attach to its timely-filed (including extensions) original federal income tax return for its taxable year in which it discovers the failure a statement entitled "§ 409A Relief under § III of Notice 2007 -100" setting out the information required by § IV.B.1 of this notice and, not later than the date (with extensions) on which it is required to provide an information return (Form W-2 or 1099) for the calendar year in which it discovers such failure to a service provider who is affected by such failure (or if no information return is required for such service provider, not later than the January 31 following the calendar year in which it discovers such failure), must provide to each such service provider a statement entitled "§ 409A Relief under § III of Notice 2007-100" setting out the information required by § IV.B.2 of this notice. A service provider who is relying on the relief provided in § III.B or III.C of this notice with respect to a failure to comply with § 409A must attach to the service provider's timely-filed (including extensions) original federal income tax return for the year in which such failure was discovered the information required by § IV.B.3 of this notice. In addition, each taxpayer relying on the relief provided in § III of this notice must provide notice to the examining agent upon the commencement of an examination of such taxpayer's federal tax return that the taxpayer was relying upon the relief provided under this notice for years covered by the examination. 1. Attachment to Service Recipient Tax Return for Failures Described in § III.B or III.C. The service recipient must attach a statement to its return setting out the following information with respect to each failure described in § III.B. or III.C of this notice: 31 a. The name and taxpayer identification number of each service provider affected by the failure. Where the same or a substantially similar operational failure has occurred with respect to multiple service providers, the information required in § IV.B.1.b through e of this notice may be supplied only once with respect to such operational failure, provided that the identification of each service provider affected by the operational failure in this § IV.B.1.a references such information and the amount involved in the operational failure with respect to such service provider. b. Identification of the nonqualified deferred compensation plan with respect to which such failure occurred. c. A brief description of the failure and the circumstances under which it occurred, including the amount involved and date on which the failure occurred. d. A brief description of the steps taken by the service recipient to avoid a recurrence of the failure, including the date on which such steps were implemented. e. A statement that the operational failure is eligible for the correction under the terms of this notice, and that the service recipient has taken all actions required, and otherwise met all requirements, for such correction. 2. Information to be Provided to Service Provider for Failures Described in § III.B or III.C. The service recipient must provide the following information to each service provider affected by a failure to comply with § 409A who is entitled to relief under § III.B or III.C of this notice with respect to such failure: a. A statement that the service provider is entitled to the relief provided in § III.B or III.C of this notice (as applicable) with respect to a failure to comply with § 409A and 32 that the service provider must attach a copy of the statement to the service provider's income tax return for the taxable year in which the failure was discovered. b. The information described in § IV.B.1.b through e of this notice. 3. Attachment to Service Provider Tax Return for Failures Described in § III.B or III.C. The service provider must attach to the service provider's income tax return a copy of the statement the service provider received from the service recipient with respect to each such failure. v. POTENTIAL PROGRAM TO CORRECT CERTAIN FAILURES TO COMPLY WITH § 409A(a) IN OPERATION The Treasury Department and the IRS are considering establishing a corrections program under which taxpayers could correct certain failures to comply with § 409A(a) in the operation of a nonqualified deferred compensation plan (operational failures), including correction after the end of the service provider's taxable year in which an operational failure occurs. The Treasury Department and the IRS request comments on all aspects of this potential program. For information regarding the submission of comments, see § VI of this notice. The program under consideration would cover failures that are not eligible for the transition relief provided in § III of this notice because the amount involved is too large. The program may also provide that the relief in § III for failures involving small amounts would be available permanently. In addition, it is expected that the program under consideration WOUld, in general, permit a service provider with respect to whom an operational failure occurred that is addressed by the program but not eligible for the relief provided in § III of this notice, to include an amount in income, and pay the additional taxes under § 409A with respect to, only the amount involved in the 33 operational failure, and not other amounts deferred under the plan. For example, if a service provider erroneously deferred an additional $50,000 to a plan under which the service provider had previously deferred $1,000,000 (for a total of $1,050,000), and the $50,000 deferral and the error were corrected pursuant to the program, the service provider would not be required to include in income under § 409A, and pay the additional § 409A taxes with respect to, the $1,000,000 deferred under the plan that was not involved in the operational failure. The Treasury Department and the IRS anticipate that the IRS would not issue a ruling, enter into a closing agreement or otherwise issue any formal approval evidencing that participating taxpayers had met the requirements of, and qualified for the relief available under, the program. Rather, if the IRS examined the relevant tax returns, the service recipient and service provider would have the burden of demonstrating that the applicable requirements had been met. The corrections program would be restricted to service providers that at the time of the correction are not under examination for the year or years in which the operational failure occurred, and would be limited to operational failures that are corrected promptly after discovery and in any case within two years after the occurrence. As part of the corrections program, the service recipient and the service provider would be required to satisfy information and reporting requirements substantially similar to those set forth in § IV.B of this notice and the service recipient and service provider would also be required to provide notice to the examining agent upon the commencement of an examination that the taxpayer was relying upon the relief provided under the program for years covered by the examination. 34 The Treasury Department and the IRS anticipate that the program would include the following limitations and requirements: • Relief would only be available with respect to an operational failure that has occurred notwithstanding the service recipient's reasonable efforts to comply with the terms of the plan. Thus relief would only be available if the service recipient had established practices and procedures reasonably designed to ensure compliance with § 409A. • Relief would only be available with respect to an operational failure if the service recipient also took commercially reasonable steps to avoid a recurrence of the same type of operational failure. • Relief would also not be available to correct an operational failure that is egregious, intentional, or where the failure is directly or indirectly related to participation in an abusive tax avoidance transaction (meaning any listed transaction under §1.6011-4(b)(2)). • If the operational failure involved an accelerated payment that did not otherwise satisfy the plan's terms and the requirements of § 409A(a), the correction of the failure would require that the service provider return to the service recipient the amount improperly paid by the service provider to the service recipient. The service provider would not be entitled to any loss or deduction for either the year of the repayment or the year to which the correction applied. However, if the plan does not otherwise violate the provisions of § 409A and the applicable guidance, the service provider would be required thereafter to include in gross income only additional amounts subsequently paid from such plan (as if the 35 amount taken into gross income in the year of the failure resulted in investment in the contract with respect to the amount that was actually included in gross income for the year of the erroneous payment). • Relief would not be available for an accelerated payment that did not otherwise satisfy the terms of the plan and the requirements of § 409A(a) if the service recipient made the payment proximate to a financial downturn of the service recipient or the service recipient experiencing any financial or other issue that indicated a significant risk that the service recipient would not be able to pay the amount deferred when the payment became due under the plan. • If the operational failure involved an amount that was improperly deferred (for example, the deferral of salary in excess of the applicable deferral election under the terms of the plan), or an amount of deferred compensation that was not paid to the service provider on the date applicable under the terms of the plan, the correction of the operational failure would require that the service recipient pay the amount to the service provider. The service provider would be required to include the amount in gross income in the service provider's taxable year in which the failure occurred and not at the time the service recipient made the corrective payment, with the service provider being required to report the amount on an original or amended return for such year and pay the appropriate tax thereon. • Investment earnings (potentially including losses) in accordance with the terms of the plan for the period of time after the operational failure through the date of correction would be required to be taken into account. 36 • In addition to the requirement of income inclusion described above, the service provider would be required to pay income taxes, including the additional § 409A taxes (and any applicable interest on the underpayment of such § 409A taxes), as applicable. The service recipient would be required to file with the IRS and provide to the service provider a Form W-2c or corrected Form 1099, as applicable. If the service recipient and service provider met the requirements for the correction program, the service recipient would not be liable for any failure to withhold income taxes on the amount required to be included in income under § 409A as a result of the operational failure, to the extent the amounts required to be included in income had not been paid or made available to the service provider. • Some or all of the relief may be available only to service providers that are not insiders with respect to the service recipient. VI. SUBMISSION OF COMMENTS The Treasury Department and the IRS are currently considering formulating general guidance on the correction of operational failures under a nonqualified deferred compensation plan resulting in a failure to meet the requirements of § 409A. Some of the guidance being considered has been set forth in this notice. The Treasury Department and the IRS request comments on all aspects of a potential corrections program, including but not limited to the topics addressed in this notice and specifically request comments on the following: • With respect to the program under consideration described in § V of this notice, potential methods of tracking the "investment in the contract" created when an 37 amount is included in income under § 409A but not yet paid to the service provider. • With respect to the program under consideration described in § V of this notice, potential methods of addressing the service recipient's deduction for payments made, and the affect of repayments by the service provider to the service recipient on such deductions. Comments must be submitted by March 3, 2008. All materials submitted will be available for public inspection and copying. Comments may be submitted to Internal Revenue Service, CC:PA:LPD:RU (Notice 2007-100), Room 5203, PO Sox 7604, Sen Franklin Station, Washington, DC 20044. Submissions may also be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to the Courier's Desk at 1111 Constitution Avenue, NW, Washington, DC 20224, Attn:CC:PA:LPD:RU (Notice 2007-100), Room 5203. Submissions may also be sent electronically via the internet to the following email address: Notice.comments@irscounsel.treas.gov. Include the notice number (Notice 2007-100) in the subject line. VII. EFFECT ON OTHER DOCUMENTS For service recipients and service providers who are entitled to relief under this notice, Notice 2006-100,2006-51 IRS 1109 (relating to reporting and wage withholding for 2006) and Notice 2007-89,2007-46 IRS 998 (relating to reporting and wage withholding for 2007) are modified to conform to the provisions of this notice with respect to (i) the amount that is required to be included in income by a service provider under section 409A(a), and (ii) the amount that is required to be reported by the service 38 recipient as an amount includible in income under section 409A(a) on Form W-2, Box 1 and Box 12, using Code V, or Form 1099-MISC, Box 7 and Box 15b, as applicable. VIII. PAPERWORK REDUCTION ACT The collection of information contained in this notice has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 USC. 3507) under control number 1545-2086. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid control number. The collection of information in this notice is in section IV. This information is required to determine whether the taxpayers claiming the relief are eligible for the relief and that the applicable requirements for relief are met. The likely respondents are corporations and individuals. The estimated annual reporting and/or record keeping burden is 5,000 hours. The estimated annual burden per respondent/record keeper is .5 hours. The estimated number of respondents is 10,000. The estimated annual frequency of response is on occasion. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax return and tax return information are confidential, as required by § 6103. IX. DRAFTING INFORMATION The principal authors of this notice are Stephen Tackney and Bill Schmidt of the Office of Division Counsel/Associate Chief Counsel (Tax Exempt and Government 39 Entities), although other Treasury and IRS officials participated in its development. For further information on the provisions of this notice, contact Stephen Tackney or Bill Schmidt at (202) 927-9639 (not a toll-free number). 40 Page I of4 December 4, 2007 2007 -12-4-10-22-4-15419 U.S. International Reserve Position The Treasury Department today released U.S reserve assets data for the latest week. As indicated in this table, U,S, reserve assets totaled $70,945 million as of the end of that week, compared to $71,718 million as of the end of the prior week. I. OffiCial reserve assets and other foreign currency assets (approximate market value, 10 US millions) I I I IINovember 30, 2007 "II IIYen IITotal II II 11 70 ,945 1114.430 11 11 .503 )!25,933 lof which: Issuer headquartered in reportmg country but located abroad I II 110 lib) total currency and deposits With: H II II [(i) other national central banks, BIS and IMF 11 14 ,372 11 5 ,653 11 2 0,025 Iii) banks headquartered II II II 110 II 110 IA. Official reserve assets (10 US millions unless otherwise specified) Eu ro !(1) Foreign currency reserves (in convertible foreign currencies) [Ta) Securities In the reportlllg country lof which: located abroad II I !(iii) banks headquartered outside the reporting country lof which located In the reporting country II 110 II 11 0 I I I I I I I 1(2) IMF reserve position 114.445 ) 1(3) SDRs 1\9,501 1(4) gold (Including gold deposits and, if appropnate, gold swapped) 1f11 ,041 I I I--volume in millions of fine troy ounces 11261 499 ) 1(5) other reserve assets (speCify) 1[0 ) I--financlal derivatives II I I--Ioans to nonbank nonresidents )1 I I )1 I I--other IB, Other foreign currency assets (speCify) " JI I I --deposits not included in official reserve assets --loans not included in official reserve assets JI ! --securities not Included In official reserve assets --financial derivatives not included in official reserve assets I I--gold not included in official reserve assets II I --other II I ) I I I I II. Predetermined short-term net drains on foreign currency assets (nomillal value) 11.-1_ _--'11<--_-_11,--___IlL--_~II,-------.JIl !L.-.[_ _ _ _ _ _ tp://www.treas.gov/press/releases/20071241022415419.htm 1/3/2008 Page 2 of4 I I 1. Foreign currency loans, securities, and depOSits I llprinclpal l--outfIOws (-) II II Maturity breakdown (residual maturity) IITotal lu II II p More than 1 and up to 3 months to 1 mooth II II II II II IIlnterest I I--inflows (+) IIPrincipal I IIlnterest 2. Aggregate short and long positions in forwards and futures In foreign currencies vis-a-VIs the domestic currency (includinq the forward leq of currency swaps) I I I I II I (b) Long positions (+) 1/ II II II --outflows related to repos (-) I I I I I I II I I (a) Short pOSitions ( - ) I 3. Other (specify) I More ti,an 3 months and up to 1 year I I II I --inflows related to reverse repos (+) II II II II --trade credit (-) --trade cred it (+) --other accounts payable (-) --other accounts receivable (+) I II I II I III. Contingent short-term net drains on foreign currency assets (nominal value) I 1/ I II II II I MatUrity breakdown (reSidual maturity, where applicable) More than 3 months and up to 1 year More than 1 and up to 3 montils IITotal IUp to 1 month 11 Contingent liabilities in foreign currency II II 1/ II (a) Collateral guarantees on debt falling due within 1 year I I II II \I II I I(b) Other contingent liabilities 2. Foreign currency seCUrities issued with embedded options (puttable bonds) II II 13 Undrawn, unconditional credit lines provided by: (a) other nalional monetary authorities, 81S, IMF, and other international organizations JI I--other national monetary authorities (+) I 1--8IS (+) I--IMF (+) (b) with banks and other financial institutions headquartered in the reporting country (+) I (c) with banks and other financiallnslltulions headquartered outside the reporting country (+) JI Undrawn, unconditional credit lines provided to: I \I (a) other national monetary authorities, 81S, IMF, and other International organizations I II I--other national monetary authOrities (-) I http://www.treas·g2v/press/releases/20071241022415419.htm II II I I I 1/3/2008 Page 3 of 4 II I--BIS (-) II II I--IMF (-) I (b) banks and other financial institutions headquartered in reporting country (- ) "II (c) banks and other financial institutions headquartered outside the reporting country ( - ) 4. Aggregate short and long positions of options in Iforeign currencies vis-a-vIs the domestic currency I(a) Short positions I " 1/ " I 1/ II I I II l(i) Bought puts I(ii) Written calls I(b) Long positions I "\I II "\I I II I l(i) Bought calls I(ii) Written puts II" IpRO MEMORIA: In-the-money options II I( 1) At current exchange rate II II "\I "II I(a) Short position I(b) Long position \(2) + 5 % (depreciation of 5%) I(a) Short position I "IIII "II II I(b) Long position II II 1(3) - 5 % (appreciation of 5%) I(a) Short position II I(b) Long pOSition II" 1(4) +10 % (depreciation of 10%) II I(a) Short position II II I(b) Long position I II 1(5) - 10 % (appreciation of 10%) I(a) Short position I II II II II II I I(b) Long position 1(6) Other (specify) I(a) Short position I(b) Long position IV. Memo items I "II I I " I 1(1) To be reported with standard periodicity and timeliness: (a) short-term domestic currency debt Indexed to the exchange rate 1I,(b) financial instruments denominated In foreign currency and settled by other means (e.g .. in domestic currency) II I I !--nondeliverable forwards ! --short positions I --long positions I--other instruments I I(C) pledged assets I--included in reserve assets --included In other foreign currency assets I I :tp:llwww.treas.goy/press/releases/20071241022415419.htm 113/2008 Page 4 of4 I(d) securities lent and on repo I II I--Ient or repoed and included in Section I I--Ient or repoed but not included in Section I I--borrowed or acquired and Included ill Section I II I 1\ I II I II II II I--borrowed or acquired but not Included in Section I I(e) financial derivative assets (net, marked to market) I--forwards I--futures 1/ I--swaps II II I--options I--other 11 (f) derivatives (forward, futures, or options contracts) that have a residual maturity greater than one year, which are subject to margin calls. I II~-aggregate short and long positions In forwards and futures In foreign currencies Vis-a-VIS the domestic currency (Including the forward leg of currency swaps) I(a) short positions ( - ) II j{b) long positions (+) II I--aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency II II I(a) short positions j{i) bought puts /I /I I(ii) written calls I(b) long positions II hi) bought calls II II II I(ii) written puts 1(2) To be disclosed less frequently: I(a) currency composition of reserves (by groups of currencies) 1/70,945 I--currencles /170,945 III SDR basket I--currencies not in SDR basket /I I--by individual currencies (optional) II I II Notes: 1/ Includes holdings of the Treasury's Exchange Stabilization Fund (ESF) and the Federal Reserve's System Open Market Account (SOMA), valued at current market exchange rates, Foreign currency holdings listed as securities reflect markedto-market values, and deposits reflect carrying values, 2/ The items, "2, IMF Reserve Position" and "3, Special Drawing Rights (SDRs)," are based on data provided by the IMF and are valued in dollar terms at the official SDR/dollar exchange rate for the reporting date. The entries for the latest week reflect any necessary adjustments, including revaluation, by the U,S, Treasury to IMF data for the prior month end, 3/ Gold stock is valued monthly at $42.2222 per fine troy ounce, http://www.treas.gov/press/releases/20071241022415419.htm 1/3/2008 -IP-708: Treasury Designates AQIM Emir Page lof2 December 4, 2007 HP-708 Treasury Designates AQIM Emir Washington, DC--The US Department of the Treasury today designated Abdelmalek Droukdel (Droukdel), the leader or enm of AI Oaida m the Lands of the Islamic Maghreb (AOIM) AOIM, a violent extremist group I)ased m Algeria, merged with al Oalda in September 2006 "As emir of AOIM, Droukdel has supervised and ordered deadly terrorist attacks against innocents," said Adam J. Szubin, Director of the Office of Foreign Assets Control (OFAC). "We will continue efforts to dismantle AOIM's financial infrastructure and finanCially isolate Its members." As a result of the merger With AI Oaida, AOIM, formerly known as the Salaflst Group for Preachmg and Combat (GSPC), changed ItS name to AOIM Droukdel assumed leadership of AOIM in mld-2004. Today's action was taken pursuant to Executive Order 13224, which targets the financial networks of terrorist groups and their facilitators. As a result of the deSignation, any assets Droukdel may have under U.S. JUrisdiction are frozen, and U.S persons are prohibited from doing business with Droukdel. Droukdel reportedly supervised the April 2007 AOIM bombings of the Prime Minister's office and police facilities in Algiers, killing 33 Droukdel used an April 2007 Internet video addressmg these bombings as a vehicle to urge his followers to become suicide bombers. He also ordered the December 2006 attack on a US company's bus In Algiers that killed one and wounded nine, including a U.S citizen Further, Droukdel ordered the March 2006 assassination of a fonner AOIM leader who had surrendered to Algerian authOrities. In a May 2007 Video announcement, Oroukdel pUblicly called on regional AOIM commanders to seek recruits and select targets for suiCide bombings. Speaking on behalf of AOIM, Droukdel has announced AOIM's formal allegiance to al Oalda, encouraging other Jihadist movements to join al Oaida, and reaffirmed allegiance to Usama bin Laden (UBL). Droukdel publicly announced GSPC's name change to AI Oaida in the Lands of the Islamic Maghreb, and stated AOIM's decision in May 2007 to use "future martyrdom operations." Droukdel in 2006 stated that he had consulted with al Oaida second-In-command and Specially Designated Global Terrorist Ayman al-Zawahiri I'egarding AOIM's upcommg plans and missions In Algeria and the Maghreb COlilltrles. GSPC was one of the fifteen entitles origmally named as an SDGT pursuant to E.O. 13224 on September 23,2001 and was added to the UN's consolidated list of mdlvlduals and entities associated With UBL, al Oalda and the Tallban 011 October 6,2001. Identifying Information AKAs: Abdelmalek Droukdal Abdelmalek Droukadal Abdelmalek Dardakil Abdelmalek Drokdal Abdelmalek Dourkdal Abdelmalek Drougdel Abdelmalek Droukbel Abdelmalek Derdoukal http://www.treas.goy/press/releases/hp708.htm 1/3/2008 IP-708: Treasury Designates AQIM Emir Page 2 of2 Abdel Malek Deroudel Abdel Malek Droukdel Abdelmalik Droukdal Abd ai-Malik Drukdal Abd ai-Malik Durikdal Abd-al-Malik Drokdal Abd-al-Malik Dridqal Abdelouadour Droukdel Abu-Mus'ab Abd-al-Wadud ABDELMALEK DROUKDEL Abou Mossaab Abdelouadoud Abu Musab Abdeloudoud Abu Mussaab Abdelouadodud Abu Mus 'ab Abdelouadoud Abu Mossab Abdelouadoud Abou Moussaab Abdelouadoude Abou Moussab Abdelouadoud Abou Mousaab Abdelouadoud Abou Musab Abdelouadoud Abu Musab Oudoud Abou Mossab Abdelouadoud Abou Mossab Abd EI Ouadoud Abou Mousab Abd EI Ouadoud Abi Mossaab Abd EI-Ouadoud Abi Mousaab Abdelouadoud Abu Mossaab Abdel EI-Wadoud Abou Mossab Abdel Wadoud Abou Mossab Abdelwadoud Abou Moussaab Abdel Wadoud Abdou Moussa Abd al-Wadoub Abou Mosaab Abkelwadoud Abou Abdelwadoud Abdelouadoud Abou Mossab Abdelouadoud Abou Mossaah Abdelwadoud Abou Mossaab Abdelwadoud abu Musab Droukdal Abdelmalek Drokdal Abdelmalek Droukdel Abdelmalek DOB: 20 April 1970 POB: Meftah, Algeria Alt. POB: Khemis EI Khechna, Algeria Address: Meftah, Algeria Nationality: Algerian http://www.treas.go y/press/releases/hp708.htm 1/3/2008 -IP-709: Assistant Secretary for Financial Markets Anthony W. Ryan<br>Remarks at the Euromoney ... Page 1 of 5 December 4, 2007 HP-709 Assistant Secretary for Financial Markets Anthony W. Ryan Remarks at the Euromoney Euro Fixed Income Forum Paris- Bonjour Thank you for inviting me to Join you here in Pans at the Euromoney Euro Fixed Income Forum. The citizens of this great city have long been renowned for their Itltellectual curiOSity, their diverse discourse, and their resilience in the face of adverSity. These same characteristics are again tn demand as market participants face uncertainty and dislocations in the financial markets. While challenges are no longer necessarily constrained to a Single city or even country, given how interconnected financial markets and economies are In the world today, the qualities inherent to citizens of thiS nation are equally Important to stakeholders globally as we move forward At the U.S. Department of the Treasury, we know this firsthand. Our views range far beyond the Treasury market In the United States and impact a global audience. This morning, I'd like to begin by discussing the current state of the financial markets and the economy I'll then share a few thoughts about the demand for U.S Treasury securities and regulation of the government securities market. Following that, I'd be happy to answer some queslions. Current State of the Markets A comprehensive reassessment of nsk is occurnng by partiCipants In capital markets, resulting In the repricltlg of securities across asset classes and sectors. This process, while ultimately constructive, will be long and slow. Some of the repncing has occurred with significant volatility, with very few asset classes tJeing immune, even U.S. Treasunes. Leading tnto the summer, It was clear that nsk was prtced very cheaply. Developments tn the U.S. subpnme mortgage market may well have prOVided the initial spark for the repricing of risk, but there was plenty of kindling available In other sectors of the markets. Consequently, challenges have been widespread and global in nature. As market participants seek to gain a better understanding of the root causes of recent volatility, they Will find some of the traditional causes and conditions such as an abundant supply of easy credit and a decline in lending standards. Other contributory factors are more unique to this episode given the profusion of financial innovation and Its accompanytng characteristiCS such as the compleXity and opacity of many finanCial Instruments and Ule heavy reliance by investors on rating agency assessments. Earlier thiS year, uncertainty regarding the probability of defaults of subprime mortgage-backed securities caused tnvestor concerns This concern led to broader uncertainty as market partiCipants sought to reassess Ule credit nsk of many assetbacked securities. In itself, such discrimination serves a purpose - It IS tn fact "market discipltne" In action. However, this credit worthtness evaluation spread further and faster than most Investors anticipated. ThiS created liquidity challenges as tnvestors shunned certatn securttles This IlliqUidity spread to short term money markets creating stress and volatility in markets normally noted for their stability Including Fed funds, LlBOR, and commercial paper. These short-term credit markets play an Important role in facilitating finanCing activity and enhancing the liquidity III the broader capital markets - all of which is important to economic vitality and for growth going forward http://www.treas.gov/press/releases/hp709.ht m 1/3/2008 ~P~709: Assistant Secretary for Financial Markets Anthony W. Ryan<br>Remarks at the Euromoney ... Page 2 of 5 While there has been some improvement in certain sectors of the credit markets since this past summer, risks still eXist as participants work through market-based solutions to the current challenges and stresses. As we head into year end. we are witnessing a resurgence of risk aversion and continued impaired liquidity across ttle credit spectrum It will take additional time for markets to regain confidence. and we Will likely witness more unforeseen challenges leading to more headlines and volatility as additional disclosures are made In Ihe weeks and months ahead. Bul we should acknowledge thai we are fortunate to confront these challenges with the backdrop of a growing global economy Global Economy From a global perspective. economic growth has been qUite strong. The International Monetary Fund projects that by tile end of this year. the world will have experienced five consecutive years in which real groWttl exceeded 4 percent. In fact, the average of those five years IS almost 5 percent. This is the best five year growth period in over three decades. Not only is this growth Widespread, but at the same time. world consumer price inflation is at its lowest level In three decades. averaging 3.6 percent dUring the past five years. according to the IMF The US economy was also In good shape going into the current period of market dislocations and economic fundamentals remain sound For instance. job creation remains strong With over 1.7 million new jobs being created in the past year. and the US. economy has now added jobs for 50 straight months. The unemployment rate is at 4.7 percent. close to its lowest reading In 6 years. In the US .. real GDP growth was 4.9 percent in the third quarter, supported by strong gains in consumer spending, business investment and exports. Corporate profits are solid, and global growth is boosting U.S. exports, helping to improve the current account balance. The fiscal deficit has been substantially reduced. and importantly. core inflation remains contained. While the US economy does face serious headwinds from a weak Ilousing market and high energy prices In addition to current credit market conditions, solid economic fundamentals should support continued growth. Capital Markets However, despite many solid economic fundamentals. capital market conditions remain a formidable challenge. At the US. Department of the Treasury we are confronting both the Immediate and longer term challenges in the capital markets As part of our effort to be vigilant when we monitor markets, we are In daily contact with market participants - be it global investors, reserve managers. financial Institullons, and policy makers - to discuss market conditions. Throughout these discussions, we encourage the private sector to continue to focus on responding to market challenges In a proactive manner. Broader Policy Implications of Recent Market Dislocations Market challenges have also sparked legitimate diSCUSSion and debate on a broad range of policy issues impacting our capital markets. It is important for policy makers and market partiCipants to assess the Implications of finanClallllnovatlon and we are doing Just thaL The President's Working Group on Financial Markets. or PWG. which Secretary Paulson chairs and includes the Chairmen of the Federal Reserve. the Securities and Exchange Commission. and the Commodity Futures Trading Commission, is conducting a comprehensive review of such Issues. Given the global nature of our financial markets, we are also working with the G7. and through the Financial Stability Forum to address several of tllese issues One area where the PWG was already ahead of the recent credit and mortgage market challenges IS hedge funds. Back in February, the PWG produced forwardleaning gUidance for the IIldustry and its participants The PWG's Prlllcipies and GUidelines Regarding Private Pools of Capital serve as a foundation to enhance vigilance and market diSCipline, strengthen investor protection and guard against systemic risk. While a small number of hedge funds were forced to wind down In http://www.treas.goy/press/releases/hp709.htm 1/3/2008 IP-709: Assistant Secretary for Financial Markets Anthony W. Ryan<br>Remarks at the Euromoney ... Page 3 of 5 recent months, there have been no systemic events associated with their closure Ironically, many regulated Institutions both in the US and Europe appear to have underestimated all of the risks associated with the securitized assets on their balance sheets or the risks associated with commitments to provide liquidity to offbalance sheet vehicles. such as conduits and structured Investment vehicles (SIVs) Many of the policy issues we are currently reviewing are directly tied to the credit and mortgage markets: others affect the capital markets more broadly. One area that clearly warrants examination IS the role of credit rating agencies. In addition, we are also addressing financial institution risk management and related regulatol'y issues. These complementary reviews are focused on efforts that range from enhancing the management of counterparty credit nsk, to market infrastructure issues, to issues surrounding reportlllg and risk disclosure and how the eXisting regulatory structure and tools respond to a financial system that is constantly evolving. Investors Another area that deserves attention is the role played by professional investors. Strong market discipline relies on investors to assess risk In a comprehensive and diligent manner. Many investors are purchasing, either directly or Indirectly, increasingly complex securities. While nsk evaluation can be difficult and complexity may be a very legitimate reason a potential investor decides not to invest, it can be no excuse for an existing investor or buyer of such a secunty to justify a loss. Investors and fidUCiaries must understand the nsks associated with a potential investment. This is true of any Investment - whether It is an asset, such as an equity, or a derivative product, such as a COO. Insufficient understanding or failure to perform independent and adequate due diligence pnor to making an investment decision is simply unacceptable Investors must also monitor their holdings and exposures, Including reassessing their risks and validating their assumptions given changing economic and market conditions Our capital markets need more nsk analYSIS, not risk paralysis. Housing/Mortgages As investors continuously discover, risks are often positively correlated. Another risk to economic growth that we face In the US. is a decline in housing. This sector has been a drag on U.S. economic growth since early 2006, and the correction In both homebuilding and housing pnces is still unfolding. The longer hOUSing pnces remain stagnant or fall, the greater the penalty to near-term economic growth and the bigger the effect on Amencan families. With respect to the housing sector in the short term, our first ambition is to limit the number of avoidable foreclosures FollOWing a series of meetings this sLimmer and fall, Treasury encouraged mortgage serVlcers, counselors and lenders to work together In a coordinated, efficient and expedited fashion. This group launched a large non-partisan, pnvate-sector alliance, named HOPE NOW, which is coordinating efforts to reach more homeowners to help them find affordable solutions. There is an immediate need to identify struggling borrowers who will be able to refinance or modify their mortgages into something more sustainable in order to stem the rising number of defaults and foreclosures nationwide. The President has also been calling on the U S Congress to modernize the Federal Housing Administration, to make affordable loans more widely available. In order to facilitate mortgage workouts, the President has called on Congress to eliminate taxes temporarily on mortgage debt forgiven on a primary residence. Our longer-term ambition with respect to hOUSing is to identify publiC policy changes to reduce the likelihood of repeating the excesses of recent years while maintaining access to credit for able homeowners. http://www.treas.gov/press/releases/hp709.htm 1/3/2008 -IP-709: Assistant Secretary for Financial Markets Anthony W. Ryan<br>Remarks at the Euromoney ... Page 4 of 5 The patchwork combination of overlapping federal and state regulation of tI,e mortgage industry needs to be streamlined and modemized. This fragmented system has complicated an already difficult situation. Currently, the Treasury IS working on a blueprint for reformll1g the US finanCial regulatory system. Additionally, homebuyel' education and effective disclosure are cntlcal to helping borrowers understand the nsks of innovative mortgage products, as fillancial choices become more and more complex In order to continue to derive the assOCiated benefits of economic growth and to foster sustainability, stakeholders in the capital markets and economy must address challenges, and we are dOlllg Just that Some challenges are natlol,al. others are global Importance of Open Capital Markets One global challenge is the growing risk of protectionism We live in, compete In, and benefit from, a global economy. Open economies create greater opportunity for citizens including the opportunity to expand markets by facilitating trade and welcoming foreign investment. In fact, one reason the US economy has been resilient dunng this houslllg correction has been the strength of our export sector Open Investment and the free flow of capital are essential to healthy capital markets. Let me take this opportunity to assure international investors that they are welcome in our markets. President Bush reaffirmed the U.S.'s commitment to an open investment poliCY earlier thiS year statlllg that "The United States unequivocally supports International investment In thiS country and IS equally committed to securing fair, eqUitable, and nondlscrrmlnatory treatment for U.S. investors abroad." Last year, there was a net IIIcrease of $1.9 trilliOll III foreign-owned assets In the United States over 5 million US. workers are directly employed by foreign-based firms and about an eqUivalent number of additional Jobs are Indirectly supported by foreign direct IIlvestment Into the United States. We understand that when Amerrca embraces international investment. its bUSinesses. workers and consumers ultimately benefit. The same is true for all markets. Ultimately, open capital markets Improve the effiCiency of markets, Improving liqUidity and reducing the costs of Investing. As stakeholders we need to ensure that our regulatory and bUSiness practices encourage openness, as well as, fair and honest competition U.S Treasury Marketplace We have certainly embraced the philosophy of open IIlvestment as It relates to tile U.S Treasury marketplace. We encourage broad partiCipation in the US Treasury market. ThiS broad partiCipation enhances tradlllg volumes, market depth and liqUidity, which in turn enables the US government to borrow at a lower cost over time. These savings are passed on to the U S. taxpayer In terms of lower interest costs. Currently, 52 percent of tile pnvately held publiC debt outstandlllg IS held by Individuals, pension plans and the central banks of other countrres. TI,IS level of international investment as a percent of debt outstanding is comparable to other vibrant, open sovereign debt markets that we see amongst the G7. Given the massive flows that need to be Invested as a result of international transactions globally, the US Treasury market remains the preeminent marketplace for commerce No other marketplace In the world has the depth and liqUidity of the US. Treasury market, and we are not taking our competitive position for granted We are always looking for new ways to Improve the U S. Treasury ma rketplace. Earlier this year, several pnvate sector firms gathered and established the Treasury Market Practices Group. This group, comprised of representatives from the dealer community, buy-side firms and custodians, was formed to foster dialogue and offer http://www.treas.gov/press/releases/hp709.htm 1/3/2008 IP-709: Assistant Secretary for Financial Markets Anthony W. Ryan<br>Remarks at the Euromoney ... Page 5 of 5 recommendations for the Treasury cash, repo and related markets This group developed and released "Treasury Market Best Practices" to promote trading integrity and market efficiency. Their Prlllcipies based approach .. a self regulating mechanism essentially for a lightly regulated market .. and the subsequent market reaction has been very encouraging. The Introduclion of these practices represents another step in the continual process of enhancing our Treasury market. We encourage other private sector market partiCipants, such as the Securities Industry and Financial Markets Association, to contillue their efforts to ensure the preeminence of the U.S. Treasury market. It is very encouraging to see the private sector take a leading role In promoting market integrity and orderliness. ConclUSion The global economy derives much of its strength from robust and diverse capital markets: As participants in the global economy, each of us must contribute to ensure the integrity, openness and competitiveness of our markets. It is a privilege to do such work. With such priVilege comes responsibility. To attain our goals, we must recognize that the responSibility is borne by both the publiC and private sectors. Welcoming investment from abroad, addreSSing both the near term and strategic challenges, and doing all we can to ensure high quality, compelltlve capital markets remain our goals. Using sound principles as a gUide, we can strengthen the vitality, stability and integrity of our capital markets, and in turn our economies. Merci beaucoup. http://www.treas.goy/press/reieases/hp709.htm 113/2008 1P-71O: Remarks by Deputy Secretary Kimmitt to the <br>U.S.-GCC Investment Forum in Bahrain Page 1 of 5 December 4. 2007 HP-710 Remarks by Deputy Secretary Kimmitt to the U.S.-GCC Investment Forum in Bahrain Thank you both for your kind introduction and for the opportunity to speak at this very timely Forum. The United States Treasury Department welcomes the Inauguration of the Forum and hopes it is the first of what will become an annual dialogue on the increasingly important topic of investment. Almost exactly two years ago in December 2005, a company from the United Arab Emirates submitted a proposed acquisition to the Committee on Foreign Investment In the United States, known as CFIUS, for national security review. That company was Dubai Ports World (DPW) The US Government's handling of that transaction, as well as the US. public's reaction and the aftermath of the case, called into question the United States' long-standing commitment to open investment. This evening, I want to talk about what we In the U.S Government have done since that time to correct this image and reinforce our unshaken commitment to welcoming foreign investment. Our strategy has three components (1) Improve our IIlternal processes and reaffirm our open Investment policy, (2) work with Congress on CFIUS reform legislation to rebuild faith in and strengtllen the national security review process, while remaining open to foreign investment, and (3) engage bilaterally, regionally, and multilaterally with our international partners to stress the importance of opening markets to investment opportunities I bring this message to you because the Middle East and North Africa (MENA) IS a region of high priority for our open investment policy. In 2003, President Bush proposed the Middle East Free Trade Initiative, a plan of graduated steps for Middle Eastern nations to increase trade and investment among themselves and With the United States. We already have Bilateral Investment Treaties (BITs) or Free Trade Agreements (FTAs) containing investment chapters with Bahrain, Egypt, Jordan, Morocco, and TuniSia, as well as an FTA with Oman lilat has been ratified but not yet implemented. We have also explored BITs and FTAs With several other countries In the region, as well as Trade and Investment Framework Agreement action plans With nine countries III the region. Beyond government initiatives, there is also a growing Interest by U.S investors in the region. From 2000-2006, the stock of U.S foreign direct investment (FDI) III Gulf Cooperation Council (GCC) countries increased by $9.4 billion - a 57 percent increase. Granted, we started from a relatively small base, but this increase significantly exceeds the 45 percent increase in U.S FDlto all other destinations. The Middle East region is also a Significant source of IIlvestment - and potential investment - into the United States. The United Nations Conference on Trade and Development reports that the global stock of outwal'd FDI from Middle Eastern countries has more than tripled since 2001, totaling $43 billion in 2006. OffiCial US data shows that over $17 billion of that $43 billion was invested in the United States, nearly a two-fold increase from 2001 to 2006. And these impressive statistics are part of the significant growth in Investment flows across the globe. Let me thus spend a few moments on the global environment within which our bilateral investment relationship operates. Open economies are crucial in today's integrated global marketplace. The free movement of capital across borders is a crucial source of economic growth. International trade has often garnered the most headlines, and it IS indeed an http://www.treas.gov/press/releases/hp710.htm 1/3/2008 W-71O: Remarks by Deputy Secretary Kimmitt to the <br>U.S.-GCC Investment Forum in Bahrain Page 2 of 5 essential component of open economies. However, International Investment IS of substantial and growing importance. In fact, IIlvestment flows dwarf trade flows. In the United States, foreign purchases of long-term securities f"om U S reSidents totaled over $26 trillion last year, compared to $14 trrll,on III U.S exports of goods and services. Investment flows are also growing more rapidly than tl-ade flows Global private capital flows, as measured by the World Bank, grew at almost double the rate of trade flows from 1991 to 2005 - 13.7 percent annual growth of capital flows versus 7.8 percent annual growth of exports There is growing global I-ecognitlon of the Importance of FDI and open lI!Vestment policies In June 2007, at Heiligenclamm, the G-8 countries stated in their summit declaration that they would "work together to strengthen open and transparent Investment regimes and to fight against tendenCies to restrict them." Tile G-8 also "reaffirm[ed) that freedom of II!Vestment is a crucial pillar of economic growth, prosperity and employment." The Organization for Economic Cooperation and Development (OECD), too, has done excellent work on freedom of investment, which it has identified as an OECD "core value." A recent OECD declaration states that members are "convinced of the long term benefits of an open international Investment enVironment, including In i'espect of job creation, a more efficient resource allocation, and SOCial and environmental progress." A number of you are partiCipating In the MENA OECD Investment program, which has made Impol1ant strides in assisting efforts to improve the investment climate and dialogue In the region In the United States, foreign direct Investment supports good jobs, improves productivity, and increases exports and research and development (R&D) investment. The U.S economy benefits significantly from inward and outward foreign direct investment. U.S. multinational companies that invest abroad have contributed strongly to overall productivity growth in the United States, accounting for half of the increase III U.S. productiVity growth between 1995 and 2000. During this five-year period, productiVity at US multinationals surged, growing six percent annually. Foreign-owned firms based in the United States contribute significantly and disproportionately positively to the US economy. For every $10 million tnvested from abroad, 30 direct and 30 Indirect Jobs are created or supported III the United States. Research shows that foreign-owned firms In the United States employ over 5 million Americans, or 4.5 percent of the work force. But these firms account for 6 percent of output, 10 percent of all US Investment in plant and equipment, 13 percent of R&D spending, and 19 percent of US exports These firms also pay more than 30 percent higher compensation on average than do their counterparts In the rest of the U.S. economy, and over 30 percent of these jobs are III manufacturing, compared with fewer than 10 percent of all U.S jobs. Foreign firms in the United States also re-invested $71 billion - or 52 percent of their Income back into the US economy in 2006. Thus, foreign tnvestment, and the healthy competition it brings creates good jobs, spurs innovation, Improves productiVity, and results In lower prices and greater variety for consumers. Because of these important benefits to the U.S economy, steps have been taken recently to reaffirm the long-standing US commitment to open Investment. We have long welcomed foreign Investment and worked diligently around the globe to create an environment conducive to foreign Investment. In an Important step, PreSident Bush issued an open Investment policy statement in May of this year that made clear that "a free and open international tnvestment regime is Vital for a stable and growing economy, both here at home and throughout the world" Subsequent CFIUS reform reaffirms thiS US commitment to open investment. The Foreign Investment and National Security Act (FINSA) of 2007 passed in July of this year with broad bipartisan support and demonstrated Congress' renewed faith in CFIUS to carry out its important national security responsibilities within the context of the U.S. open investment poliCY. FINSA made numerous procedural improvements in the CFIUS process, many of which CFIUS had already begun implementlllg on its own in response to lessons learned dUring the DPW case. It IS very Important to note, however, that FINSA was careful to maintatn CFIUS' focus on genuine national security concerns - not broader factors like economic Interests, national champions, or industrial policy. CFIUS IS an efficient, disciplined process and reviews only a small portion of eligible transactions. Thomson FinanCial reports that In 2006 there were nearly http://www.treas.gov/press/releases/hp710.htm 1/3/2008 W-71O: Remarks by Deputy Secretary Kimmitt to the <br>U.S.-GCC Investment Forum in Bahrain Page 3 ofS 11,000 mergers and acquisitions in the United States, of which 1.730 Involved foreign acquirers. CFIUS reviewed oilly 113 cases, or fewer than 7 percent of these foreign acquisitions Since 2000, CFIUS has reviewed an annual average of fewer than 6 percent of foreign acquisitions of US. bUSinesses FINSA also maintains CFIUS' efficient tllnelines for considering trallsactlons, with strict deadlines for action. First-stage national security reviews must be completed within 30 days. Second-stage investigations must conclude within 45 days. Any action by the President must be taken within 15 days following the conclUSion of an investigation. Investigalions are very rare. Out of over 100 cases revieweclln 2006, there were seven that went into IIlVestlgation, only two of which required a Presidential decision, and the President allowed both transactions to proceed Stated more generally, the vast majority of CFIUS cases are cleared Within 30 days. The process is designed to resolve concerns efficiently, rather than prohibit transactions. More specifically, since Dubal Ports, CFIUS has reviewed 207 transactions, including 15 transactions from four countries In thiS region. While three of those acquisitions from the region proceeded to an investigation, none of tilem was blocked. Despite the clear benefits of open investment policies, there is rlsmg protectionist sentiment globally. Sovereign wealth funds (SWFs) are one focus of rising protectionist sentiment. SWFs are not a new phenomenon. This region has been path-breaking, with one of the first funds, the Kuwait Investment Board established in 1953, and several of the largest. such as the Abu Dhabi Investment Authority However, the recent rapid increase In the number and asset size of SWFs has raised their profile and generated concerns. Globally the number of funds has doubled since 2000: from 20 in 2000 to almost 40 now, With over 10 established Just since 2005. SWFs manage total assets of $1.9-2.9 trillion Private sector estimates suggest that figure could grow to $10-15 trillion by 2015. German Chancellor Angela Merkel and others have expressed concerns about whether sovereign investors such as SWFs might be tempted to Invest based on political or strategic goals, rather than true commercial purposes. These concerns are now being discussed more broadly within the European Union and elsewhere. These developments should not cause alarm, but they do point to a need to take a step back and look at SWFs With calm and precIsion As SWFs are an outgrowth of domestic and internalional economic policies, It makes sense to conSider them III terms of their potential Impact on f"lanclal stability. Here, there IS much reason to be reassured. SWFs are in principle long-term Investors that typically do not deviate frolll their strategic asset allocation in the face of short-term volatility. They are not highly leveraged, and it is difficult to see how they could be forced by regulatory capital requirements or sudden investor withdrawals to liqUidate positions qUickly. In this context, SWFs may be conSidered a force for financial stability, supplying liqUidity to the markets, bidding up asset prices, and lowering borrowing Yields in the countries in which they invest. It IS also Important to distinguish SWFs from other sources of sovereign Investment. There are similarities, but also important differences. There is no universally accepted definition of a SWF. However, a SWF can be thougllt of as a goveillment Investment vehicle funded by foreign exchange assets, and which manages those assets separately from official reserves. In contrast, international reserves are external assets that are readily available to and controlled by finance ministries and central banks for direct finanCing of international payment Imbalances. Reserves are by definition invested in highly liqUid and marketable securities. Public pension funds are Investment vehicles funded with assets set aSide to Illeet the government's future entitlement obligations to its citizerls. Public pension funds differ from SWFs in that they are denominated and funded in local currency, usually with relatively low exposure to foreign assets. State-owned enterprises (SOEs) can be defined as enterprises where the state has Significant control, through full, majority, or significant minority ownership. SOEs may undertake foreign direct investment and occasional portfolio Investments, but the majority of state-owned enterprises do not invest abroad It appears that SWFs have so far been seeking to generate higher Investment returns without generating political controversy. However, It IS necessary to remain http://www.treas.gov/press/releases/hp710.htm 1/312008 1P-71O: Remarks by Deputy Secretary Kimmitt to the <br>U.S.-GCC Investment Forum in Bahrain Page 4 of 5 vigilant, as SWFs do raise a number of Issues. First, does the cleatlon of a SWF perpetuate undesirable underlYing mauoeconomic and fillancial policies? It IS critical that countries do not use SWF s that are non-commodity funds as a mechanism to accumulate more foreign assets In order to avoid exchange rate appreciation Second, what IS tile potential Impact of SWFs on fmanCial stability? To date, they have not caused financialmalket dlsrupllon, but SWFs do represent large, concentrated, and often non-transparent positions in financial markets. TllIrd, transactions involving SWF s, like other types of foreign mvestment, may give rise to legitimate national security concerns As with any form of foreign Investment, recipient countries of SWF investment need to ensure that any national security concerns are addressed. Inward investment review regimes are another area in which protectioilist sentiment may be expressed, whether In response to SWFs or broader concerns. Recently, numerous countries have established or proposed new review mechanisms - not all of which appear as narrowly focused and disciplined as the US CFIUS process. China's new Anti-Monopoly Law, approved In August 2007, creates an as yet undefined FDI review process that will take effect In 2008. TillS IS In addition to a separate process established In 2006 that autllorlzes review of foreign investment In China based on "economic security" concerns These review processes go beyond national security considerations, and the rules and plans for Implementmg these review mechanisms remain opaque Similarly, RUSSia has a bill pending In the Duma that would establish a new review process for FDI In a number of "strategic sectors" and would add to Russia's existing FDI restrictions. There are rumblings in other countries as well Canada, Korea, and Germany, among others, are debating new or expanded investment review regimes Outcomes remain to be seen, but we hope tilat resulting processes will be limited to genuine national security concerns, rather than advanCing protectionist interests The United States IS fully engaged In combating Investment protectionist sentiments both at home and abroad, Including by promoting sound poliCies regarding SWFs and Investment review regimes, in order to counter any tendency toward uSing these Issues as an excuse for protectionism We recognize that there are genuine reasons for limited, national security reviews of FDI transactions to conSider whether a foreign Investor could use ItS Investments to engage in actiVity to impair national security. SWF Investment, like that of other foreign Investors, may raise legitimate questions about national security. In addition, their scale/number and tendency toward lack of transparency raise the pOSSibility of potentially negative impacts on global fillancial stability If funds operate without prudent governance and Investment management standards, We strongly believe the best response to these concerns IS to promote sound, reasoned poliCies, rather than uSing these Issues as a cover for restricting FDI for protectionist ends, The United States is actively conveymg this message in multilateral forums, To initiate high-level discussion of the Impact of SWFs, Secretary Paulson hosted an outreach dinner at the Treasury Department In October 2007 with the finance ministers of the G-7: the Ileads of the International Monetary Fund (IMF), the OECD, and the World Bank: and finance ministers and heads of SWFs from China, Kuwait, Norway, RUSSia, Saudi Arabia, Singapore, South Korea, and the United Arab Emirates. There was a shared realization among partiCipants of a common interest in maintaining open Investment and promoting financial stability. The following day, the International Monetary and Fillancial Committee - a ministerial-level committee whose members represent all 185 IMF member countries - tasked the IMF With Identifying best practices for SWFs. We are also encouraging reCipient countnes to resist protectionist pressures and not treat SWFs differently from other foreign government-controlled investors, Accordingly, we have asked that the OECD identify inward investment poliCy best practices for recipient countries of sovereign investment, consistent With open investment principles likeWise, the United States is promotlllg a sound, reasoned, open Investment approach to inward investment policy through other multilateral and bilateral engagement. Our involvement in the Strategic Economic Dialogue With China, the Trans-AtlantiC Economic Council Investment Dialogue, and other forums include Significant engagement on inward Investment issues, Senior-level Treasury offiCials have traveled to RUSSia, China, GermarlY, Singapore, multiple countries In the Gulf, and other key regions emphasiZing investment Issues We hope to continue to http://www.treas.gov/press/releases/hp710.htm 1/3/2008 -IP-710: Remarks by Deputy Secretary Kimmitt to the <br>U.S.-GCC Investment Forum in Bahrain Page 5 of 5 contribute to other countries'lnternal deliberations on potential investment regime reforms, including by sharing our experience with protecting national security while welcoming foreign investment We are also engaging the general public and business communities through various publications and outreach events Tilat is precisely why this US-GCC Investment Forum is so tllnely and Important In conclUSion, let me reiterate that one callnot overstate the ImpOl-tance of open Investment policies for the health of the global economy and our respective econOlllles The Gulf region is a key part of our open Investment commitment. As a result. you can count on LIS to remain Vigilant against protectloilist pressures that could threaten global economic growtll and prospenty. However, the United States cannot fight this battle on ItS own Each country, including in this region, needs to take a careful look at its own investment poliCies as well as ItS contribution to global efforts to promote greater openness and resist protec!lonlsrn We know we count on your active support in this regard Thank you for the opportunity to speak with you this evening -30- http://www.treas.gov/press/releases/hp710.htm 113/2008 -IP-711: Paulson Statement on Passage of Peru Free Trade Agreement Page 1 of I December 4,2007 HP-711 Paulson Statement on Passage of Peru Free Trade Agreement Washington, DC--Treasury Secretary Henry M. Paulson, Jr. today issued the following statement Oil Senate passage of the Free Trade Agreement Witll Peru: "I commend the Senate on today's vote. ThiS is an important blpal'tlsan accomplishment that will give U.S businesses and exporters access to Peru's markets. Free trade agreements are a proven way to Increase exports of U S goods alld agricultural products and are essential for continued Job creation and protecting U S Investments. ThiS vote slgllals the United States' commitment to reducing trade barriers and spreading prosperity in the hemisphere I look forward to working with Congress to secure passage of tile other important pending free trade agreements With Colombia. Panama, and South Korea." -30- http://www.treas.gov/press/releases/hp711.htm 113/2008 -IP-712: Remarks by Secretary Henry M. Paulson, Jr. <br>on Maintaining Forward Momentum in U.S .... Page I of 4 December 5, 2007 HP-712 Remarks by Secretary Henry M. Paulson, Jr. on Maintaining Forward Momentum in U.S.-China Economic Relations before The Asia Society Washington, DC-- Gooel mornlllg Thank you, Bill, anel thank you to the ASia Society for the opportunity to be With you today. Let me also thank the Society for your long, productive history of leadership in strengthening relationships among the United States and Asian nations My prevIous remarks leadlllg up to next week's meeting of the U.S.-China Strategic Economic Dialogue have focused largely on the dynamics which led to the creation of the SED and my Vision for the future of the U.S.-China economic relationship I will briefly touch on those Issues today, and also on the misconceptions in that relationship that are influencing the rise of protectionism and economic nationalism in both nations The Foundatioll of the Strateulc Ecollomlc Dialogue In recognition of the Importance and complexity of the U.S.-China economic relalionshlp, a year ago September PreSident Bush and President Hu created the SED. Their intent was not to replace the many economic dialogues already taking place, but to create an over-arching, senior level forum that was both comprehensive and strategic. The goals have included creating work plans to achieve shared objectives and building trust on both sides by demonstrating progress on the Immediate Issues we face. The Strategic Economic Dialogue has made substantial progress In achieVing these goals. Over the last year, we have bUilt stronger relationships and established constructive channels of communication that didn't previously exist. These Innovations have ilelped keep the U.S.-China economic relationship on an even keel and helped us manage difficult Issues, even in times of tension. Because we have a framework for senior-level dialogue, we can - and do - pick up the phone and we talk. We work towards solutions, which can only be reached when there are mutual benefits. The SED meetlllg next week in Beijing will focus on five areas. They are integrity of trade and product safety: balanced economic development, Including finanCial sector reform: energy efficiency and security: environmental sustainabillty: and bilateral investment. The meeting comes at a delicate time, as a new group of leaders move Into China's most senior pOSitions We look forward to working With the Chinese leadership team to ensure that the SED process continues to be an effective m8cilanlsm for promoting our shared interests and responsibilities. We Will also thank our retiring colleague, Madame Wu Vi, who IS an extraordinary representative of her country. Through economic dialogue, we have achieved concrete and significant results, including a civil aviation agreement, greater market access In the financial services sector, expansion of US. exports, and enhanced energy security and environmental protection We would not have accomplished what we have without the speCifiC framework of a focused and strategic economic dialogue, and we can accomplish more. A Broader Bilateral EconomiC Agencla Through the SED, we have broadened our bilateral economic agenda to include food and product safety, energy effiCiency and security, and enVIronmental sustainability. All three carry deep Implications for our economic ties. http://www.treas.goy/press/releases/hp712.htm 113/2008 -IP-712: Remarks by Secretary Henry M. Paulson, Jr. <br>on Maintaining Forward Momentum in U.S .... Page 2 of 4 American consumers need to have confidence III the safety of the products they purchase. whether produced at home or abroad. Chllla's management of food and product safety issues will have a long-term Impact on our trade relations. the sustainability of China's growth strategy and its further integration Illto the global trading system. U.S. and Chinese government agencies have been working together to address these safety Issues - a hallmark of the construclive, cooperative and candid nature of our broader relationship For both our countries. greater energy efficiency and security requires reliance upon market price signals. technology. Innovallon. and diversified energy sources. The Global Nuclear Energy Partnership. clean coal development through FutureGen. and Industrial efficiency audits represent some of the best areas of ongoing cooperation. We also encourage China's active parllcipatlon in tile Major Economies Meeting efforts to develop a post-2012 framework for greenhouse gas reduction. I was pleased to see tllat a large Chlrlese ellergy company. Shanghai Electric. recently indicated public support for substalltial reductions in greenhouse gas emiSSions. Balanced Economic Growth and China's Exchange Rate One of the most pressing and Important issues - for the United States, China and the global economy - IS China's move to a more fleXible exchange rate poliCY. China is reformmg its policy. as a part of a movement to a more market-determlrled exchange rate. The pace of I'eform has accelerated. In the past year the RMB has appreciated by six percent. but the pace is stili not fast enough to reduce China's global trade surplus. its internal imbalances. or fOI'eign exchange market pressures A more fleXible currency IS espeCially Important now. when the risks of Inflation are clearly rising in the Chinese economy. Increased currency fleXibility would allow Chma's central bank to use the powerful tool of monetary policy for Chllla's finanCial and price stability. As Premier Wen Jiabao recently emphasized in a speech in Singapore, Chma must now undertake comprehensive measures to control mounting inflation. growmg asset bubbles, and an overheating economy. We share the concerns of China's top leaders on this issue. The Rise of Economic Nationalism In the U.s.-China relationsilip. the RMB exchange rate has become more than an economic parameter: It lias become a touchstone for broader anxieties about competition from China. As globalization has advanced and economies have become more lightly integrated. wornes about the effects of foreign compelltlon through trade or through foreign Investment - have led to a rise in economic nationalism and protectionist sentiments. US and Chinese leaders both face thiS challenge Many Americans worry about losing Jobs to low cost manufacturing or assembly In China. Some worry about losing our economic pride and leadership. There IS fear that, due to China's rise. we will no longer be stewards of our own economic future We have been through this very type of debate before. Twenty years ago. we were gripped by fear that Japan would overtake our economic leaderShip - a concern that was unfounded then and. in hindsight. looks profoundly mistaken. These misconceptions in the US - both then and now - reflect a fundamental lack of confidence in the American worker. And they couldn't be more wrong. America continues to lead the world in standard of living. productivity and innovation China's continued economic growth and Illtegration into the global economy gives us even greater opportunities to grow and succeed. In fact. the bigger risk to both US and Chinese prosperity is that China's growth stalls or China pulls back from ItS path of further integrating into tile global economy - that it reforms too slowly, rather than too quickly. The rise of economic nationalism IS OCCUrring not only In the United States. but also In China. http://www.treas.goy/press/releases/hp712.htm 1/3/2008 -IP-712: Remarks by Secretary Henry M. Paulson, Jr. <br>on Maintaining Forward Momentum in U.S .... Page 3 of 4 Some In China are suspicious lilat the US push for RMB appreciation and flrlanCial market liberalization is really an attempt to galrl tl'ade advantages and generate profits for American companies while slOWing China's economic expanSion They mistakenly believe that yen appreciation during the InJd-1980s caused Japan's weak economic performance in the 1990s. Rather, we now know that Japan's economic difficulties were causec! by the grOWnl, and then collapse, of a huge stock and property price bubble. and the failure to use monetary poliCY to prevent tile emergence of deflalion after the bubble burst. Financial sector liberalization is 110t about foreign firms drilling holes In China's economy Foreign participation In the financial services sector brings the expertise needed to provide more effiCient savings instruments, the ability to Irlsure against risk, and the ability to assure tllat China's savings flow to their most productive uses. But to brrng and Lise that expertise - the most valuable asset a globally competitive financial institution has - the Investor needs to have control over tile operations of the firm In which it Invests Tilis is why China's limits on the amount of equity that a foreign Investor can IIOld in a Chinese financial Institution are so costly to the Chinese economy. and why raising these limits is so Important There are also those in China who argue that the US focus on food and product safety is part of a strategy to restnct Chinese Impol1s and reduce the bilateral trade defiCIt. ThiS argument has 110 baSIS In fact. Our concerns are shared by numerous other countries. notably EU nations. Tile United States has Issued recalls and Import alerts about exports from many nations; our concerns about food and product safety are not targeted specifically at China. Collectively. these misconceptions erode the political confidence we need to maintain stability In our bilateral economiC relationship Finally. after welcomlrlg foreign Investment which contributed greatly to Chinese manufactUring growth and export competitiveness. some In China would now tighten restrictions on foreign Irlvestillent to protect Chlrla's domestic Industries. Domestic protectionism IS not unique to Chinese Irldustry, as all market-driven companies welcome competition in other IIldustries much more than In their own. The US faces Similar protectionist pressures, even though we are one of the most open economies In the world. I am committed to working to maintain this openness because It is good for America and for our workers. Frankly, It will be easier to do thiS If the American public and the US Congress see tllat China IS serious about reform and expanding access to their markets. China cannot protect ItS way to prosperity - protectionism harms China's industrial development and our efforts to build stronger trading relationships. Towards a New Future for Bilateral Economic Relations The SED IS one valuable tool III combating protectionist sentiments and clarifYing these misconceptions. In our actions In the SED and other bilateral dialogues. we have demonstrated that we welcome and encourage the rise of a prosperous and stable China. We supported China's membership in the WTO. the Inter-American Development Bank and the Financial Action Task Force. We have also supported a greater voting share for China. and otller rapidly growing emerging markets. in the IMF and the World Bank. It IS also Important for Beijing to recognize that, while increased participation allows China to advance its Interest. greater participation also brings greater responsibilities The agreements we Ilave achieved thus far are like signposts showing progress along the mutually-beneficial economic road While progress has not been as rapid as we would like, these signposts pOint the way to further benefits for the Amerrcan and Chinese people. To turn back on. or away from, thiS road would Jeopardize our long-term strategic Interests for short-term political expediency To succeed, the steps and poliCy actions must make sense to both sides That is the purpose of economiC dialogue. to listen openly to China's views and, In return. they listen openly to ours I am ever mlrldful of the complexity of working With a sovereign economic partner upon whom we rely, and who relies on us. to urge them to take difficult. Irlternal actions which we believe are economic Imperatives It is economic diplomacy. wrrt large. which has potential. perhaps far beyond wllat we http://www.treas.goy/press/releases/hp712.htm 1/3/2008 -IP-712: Remarks by Secretary Henry M. Paulson, Jr. <br>on Maintaining Forward Momentum in U.S .... Page 4 of4 can envision today. for greater global economic prosperity. Thank you and I am pleased to answer your questions. p:llwww .treas.gov/press/releases/hp712.htm 113/2008 HP-712: Remarks by Secretary Henry M. Paulson, Jr. <br>on Maintaining Forward Mom... Page 1 of 4 December 5, 2007 HP-712 Remarks by Secretary Henry M. Paulson, Jr. on Maintaining Forward Momentum in U.S.-China Economic Relations before The Asia Society Washington, DC-- Good morning. TI1ank you. Bill, and thank you to the Asia Society for tl1e opportunity to be with you today. Let me also thank the Society for your long, productive history of leadership m strengthenmg I'elatlonshlps among the United States and ASian nations My previous remarks leading up to next week's meeting of the U.S.-China Strategic Economic Dialogue have focused largely on the dynamics which led to the creation of the SED and my vision for the future of the U.S-China economic relationship. I will bnefly touch on those issues today, and also on the misconceptions In that relationship that are mfluenclllg the rise of protectionism and economic nationalism In both nations. The Foundation of the Strategic Economic Dialogue In recognition of the Importance and complexity of the U.S.-Chllla economic relationship, a year ago September President Bush and President Hu created the SED. Their intent was not to replace the many economic dialogues already taking place. but to ueate an over-archmg, senior level forum that was both comprehensive and strategic. The goals have included creating work plans to achieve shared objectives and building trust on both sides by demonstratlllg progress on the Immediate issues we face. The Stl'ateglc Economic Dialogue has made substantial progress m achieving these goals. Over the last year, we have built stronger relationships and established constructive channels of communication that didn't previously eXls!. These innovalions have helped keep the U.S.-Chma economic relationship on an even keel and helped us manage difficult issues, even in times of tension. Because we have a framework for senior-level dialogue, we can - and do - pick up the phone and we talk. We work towards solutions, which can only be reached when there are mutual benefits The SED meeting next week In Beijing will focus on five areas. They are: Integnty of trade and product safety; balanced economic development. including financial sector reform; energy efficiency and security; environmental sustamability; and bilateral investment. The meeting comes at a delicate time, as a new group of leaders move into China's most senior positions. We look forward to working with the Chinese leadership team to ensure that the SED process contmues to be an effective mechanism for promoting our shared IIlterests and responsibilities. We will also thank our retiring colleague, Madame Wu Vi, who is an extraordmary representative of her country. Through economic dialogue, we have achieved concrete and significant results. includmg a CIVil aviation agreement. greater market access In the financial services sector, expansion of US exports, and enhanced energy secul'ity and environmental protection We would not have accomplished what we have without the specific framework of a focused and strategic economic dialogue, and we can accomplish more. A Broader Bilateral Economic Agenda http://www.treas.gov/press/releases/ho712.htm ill 8/2008 HP-712: Remarks by Secretary Henry M. Paulson, Jr. <br>on Maintaining Forward Mom... Page 2 of 4 Through the SED, we have broadened our bilateral economic agenda to IIlciude food and product safety, energy efficiency and security, and environmental sustalllability. All three carry deep Implications for our economic ties American consumers need to have confidence III the safety of the products they purchase, whether produced at home or abroad China's management of food and product safety Issues will have a long-term Impact on our trade relations, the sustainablilty of Chllla's growth strategy and Its further integration into the global trading system. U.S. and Chlllese government agencies have been working togetller to address these safety issues - a hallmark of the constructive, cooperative and candid nature of our broader relationship. For both our countries, greater energy efficiency and security requires reliance upon market price Signals, technology, Innovation, and diversified energy sources The Global Nuclear Energy Partnership, clean coal development through FutureGen, and industrial effiCiency audits represent some of the best areas of ongOlllg cooperation We also encourage Chllla's active participation In the Major Economies Meeting efforts to develop a post-20 12 framework for greenhouse gas reduction I was pleased to see that a large Chlllese energy company, Shanghai Electric, recently mdicated public support for substantial reductions in greenhouse gas emissions. Balancecf EconOll7lC Growth ancf China's Exchange Rate One of the most presSing and Important Issues - for the United States, Cilina and the global economy - IS China's move to a more fleXible exchange rate policy China is reformlllg ItS policy, as a part of a movement to a more market-determined exchange rate. The pace of reform has accelerated. In the past year the RMB has appreciated by six percent, but the pace is still not fast enough to reduce China's global trade surplus, its internal Imbalances, or foreign exchange market pressures. A more fleXible currency IS espeCially important now, when the risks of mflatlon are clearly rising in the Chmese economy Increased currency flexibility would allow China's central bank to use the powerful tool of monetary policy for China's finanCial and price stability. As Premier Wen Jlabao recently emphasized in a speech in Smgapore, Chllla must now undertake comprehenSive measures to control mounting Inflation, growing asset bubbles, and an overheating economy. We share !t,e concerns of Chma's top leaders on this Issue. The Rise of Economic NatIOnalIsm In the U.S.-China relatlollship, the RMB exchange rate has become more than an economic parameter: it has become a touchstone for broader anxieties about competition from China As globalization has advanced and economies have become more tightly IIltegrated, worries about the effects of foreign competition through trade or through foreign IIlvestment - have led to a rise in econOllllC nationalism and protectionist sentiments. U.S. and Chinese leaders both face thiS challenge Many Americans worry about lOSing Jobs to low cost manufacturing or assembly III Chllla Some worry about losing our economic pride and leadership. There IS fear that, due to China's rise, we Will no longer be stewards of our own economic future. We have been through this very type of debate before. Twenty years ago, we were gripped by fear that Japan would overtake our economic leadership - a concern that was unfounded then and, in hmdslghl, looks profoundly mistaken These misconceptions In the U.S. - both then and now - reflect a fundamental lack of confidence in the American worker. And they couldn't be more wrong. America continues to lead the world in standard of I[vlng, productiVity and IIlnovalion China's continued economic growth and integration Into the global economy gives us even greater opportunities to grow and succeed In facl, the bigger risk to both US and http://www.treas.gov/press/releases/hp712.htm 1/18/2008 HP-712: Remarks by Secretary Henry M. Paulson, Jr. <br>on Maintaining Forward Mom... Page 3 of 4 Chinese prosperity IS that China's growth stalls or China pulls back from Its path of further integrating into the global economy - that It reforms too slowly, rather than too quickly. The rise of economic nationalism IS occurring not only in the United States, but also in China. Some in Cillna are SUSpiCIOUS that the US. push for RMB appreciation and finanCial market Ilbel'allzation is really an attempt to gain trade advantages and generate profits for American companies while slowing Chlf1a's economic expansion. They mistakenly believe that yen appreciation durlllg the mld-1980s caused Japan's weak economic performance In the 1990s. Rather. we now know that Japan's economic difficulties were caused by the growth. and then collapse, of a huge stock and property price bubble, and the failure to use monetary poliCy to prevent the emergence of deflation after the bubble burst. Financial sector liberalization IS not about foreign firms drilllllg holes If1 China's economy Foreign partiCipation In the financial services sector brlllgs the expertise needed to provide more efficient savings instruments, the ability to insure against risk, and the ability to assure that Chlf1a's savlllgs flow to their most productive uses. But to bnng and use that expertise - the most valuable asset a globally competitive fillancial institution has - the If1vestor needs to have control over the operations of the firm In which it If1vests. This IS why China's limits on the amount of equity that a foreign Investor can hold In a Chinese financial institution are so costly to the Chinese economy, and why raislf1g these limits IS so Important. There are also those in Chilla who argue that the US focus on food and product safety IS part of a strategy to restrict Chinese Imports and reduce the bilateral trade defiCIt. ThiS argument has no basis III fact Our concerns are shared by numerous other countries. notably EU nations. The United States has Issued recalls and import alerts about exports from many nations: our concerns about food and product safety are not targeted specifically at Chilla. Collectively, these misconceptions erode the political confidence we need to maintain stability In our bilateral economic relationship. Finally, after welcoming foreign investment which contributed greatly to Chinese manufacturing growth and export competitiveness, some in China would now tighten restrictions on foreign investment to protect China's domestic industries. Domestic protectionism is not unique to Chinese industry, as all market-driven companies welcome competition in other If1dustrles much more than In their own. The U.S. faces similar protectionist pressures, even though we are one of the most open economies in the world. I am committed to working to maintain this openness because It IS good for America and for our workers. Frankly. It Will be easier to do thiS if the American public and the US Congress see that China IS serious about reform and expanding access to their markets. China cannot protect its way to prosperity - protectionism harms China's industrial development and our efforts to build stronger trading relationships. Towarcls a New Future for Bilateral Econol7JIc Relations The SED is one valuable tool in combating protectionist sentiments and clarifying these misconceptions. In our actions If1 the SED and other bilateral dialogues, we have demollstrated that we welcome and encourage the rise of a prosperous and stable China We supported Chlf1a's membership In the WTO. the Inter-American Development Bank and the FinanCial Action Task Force. We have also supported a greater voting share for China, and other rapidly growing emerging markets, If1 the IMF and the World Bank. It is also important for Beijing to recognize that. while Increased participation allows China to advance Its interest, greater partiCipation also brings greater responSibilities. The agreements we have achieved thus far are like signposts showing progress http://www.treas.goy/press/releases/hp712.htm 1118/2008 HP-712: Remarks by Secretary Henry M. Paulson, Jr. <br>on Maintaining Forward Mom... Page 4 of4 along the mutually-beneficial economic road. While progress has not been as rapid as we would like, these signposts point the way to further benefits for the American and Chinese people. To turn back 011, or away fmm, this load would Jeopardize our long-term strategic interests for short-term political expediency. To succeed, the steps and policy actions must make sense to both Sides. That IS the purpose of economic dialogue, to listen openly to China's views and, In return, they listen openly to ours. I am ever rnlndful of the compleXity of working with a sovereign economic partner upon whom we rely, and who relies on us, to urge them to take difficult, internal actions which we believe are economic Imperatives. It IS economic diplomacy, Writ large, which has potential, perhaps far beyond what we can envIsion today, for greater global economiC pmsperity. Thank you and I am pleased to answer your questions. http://www.treas.gov/press/reieases/hp712.htm 1/18/2008 hp-713: Paulson, Jackson to Host Mortgage Briefing Page I of I December 5, 2007 hp-713 Paulson, Jackson to Host Mortgage Briefing Treasury Secretary Henry M Paulson, Jr. will JOin Houslllg and Urban Development Secretary Alphonso Jackson, members of the mortgage Industry, as well as mortgage mvestors and mortgage counselors Thursday for a press confel'ence to discuss the Busll Admlnrstratioll'S ongoing efforts to help struggling homeowners keep ttlelr Iloilles. The pl'ess conference Will be followed by an additional technical briefing Will not be pennltted In the technical briefing Cameras The follOWing events are open to the media What Press Conference When Thursday, December' 6, 145 p.rll EST Where Department of the Treasury Media Room (4121) 1500 Pennsylvania Avenue, NW Washington, D.C. Note Media without Treasury press credentials should contact Frances Anderson at (202) 622-2960 or' with the following mformatlon full name, Social Security number, and date of birth, What Technical Briefing When Thursday, December 6, 235 p.m, EST Where Department of the Treasury West Gable Room (5432) 1500 Pennsylvania Avenue, NW Washington, DC Note No cameras Will be permitted Media without Treasury press crec1entlals should contact Frances Anderson at (202) 622-2960 or with the following Informatron. full name, Social Security nUlllber, and date of birth http://www .treas.gov/press/releases/hp713.htm 113/2008 lp-714: Treasury Assistant Secretary Swagel to Hold Monthly Economic Briefing Page 1 of I December 6, 2007 hp-714 Treasury Assistant Secretary Swage I to Hold Monthly Economic Briefing US Treasury Assistant Secretary for Economic Policy Phrilip Swagel will hold a medra brleflllg to review economic Indicators from ttle last month as well as drscuss the state of the US Economy The event is open to credentialed media Who U S Treasury Assistant Secretary Phillip Swagel What Economrc Media Briefing When Friday, DecemlJeI 7,2007, 1100 a,m, EST Where Treasury Department Media Room (Room4121) 1500 Pennsylvania Ave, NW Washington, DC Note Media without Treasury press credentials should contact Frances Anderson at (202) 622-2960, or frances,anderson@do.treas.gov with the following information: full name, Social Security number and date of birth. -30- http://www.treas.gov/press/releases/hp714J.t..-. 1/3/2008 Ip-715: U.S. Treasury Assistant Secretary to Discuss U.S. Capital Markets Competitiveness in London Page 1 of 1 December 6, 2007 hp-715 U.S. Treasury Assistant Secretary to Discuss U.S. Capital Markets Competitiveness in London US Treasury Assistant Secretary David G Nason Will discuss Treasury efforts to [ J before the City of London Corporation In London. England on Tues, Dec 11 When US Treasury Secretary Henry M. Paulson, Jr first took office, [ J promotlllg the competitiveness of US capital markets IS a vital Issue to strengthening the US economy. He hosted a major [ Jill Marcil with International leaders on tills Issue As part of his J for strellgttlenlng American capital markets he called for an examination of the structure of the US. finanCial regulatory system. One area of focus has been the difference between the U.S. finanCial regulatory structure and regulators around tile world, including the benefits of tile UK financial regulatory structure. Additionally, Treasury has been examining the benefits and consequences of the overlapping federal and state-based oversight on Issues such as mortgage origination and Insurance. The Department Will release its recommendations for improvement early next year. For more Information on tile Secretary's capital markets competitiveness initiative, please VISIt: Tile following event IS open to media. Who US Treasury Assistant Secretary David G. Nason What Remarks on Amencan Capital Markets Competitiveness When Tuesday, December 11, 2007 1130 am (Local Time) Where City of London Corporation ManSion House London, Englancl EC4N 8BH -30- http://www .treas.gov/press/releases/hp715.htm 113/2008 -IP-716: Statement by Secretary Henry M. Paulson, Jr. at Press Conference to Announce Framework to ... Page 1 of2 December 6, 2007 HP-716 Statement by Secretary Henry M. Paulson, Jr. at Press Conference to Announce Framework to Help Preserve Communities by Preventing Foreclosure Washington, DC -- Good afternoon Thank you, Secretary Jackson, Chairman Balr, Comptroller Dugan, Governor Kroszner, Director Lockhart, Director Reich and representatives f!"Om the American Securitization Forum, HOPE NOW, the Mortgage Bankers Association and the Housing Policy Council for youl' creativity and flexibility during these recent months, We have worked th!"Ough an evolVing process to Ilelp minimize the Impact of the housing downturn on homeowners, neighborhoods and the U.S economy The infrastructure to reach struggling borrowers IS now in place: outreach letters are being sent to borrowers likely to be facing trouble, a tOil-free number has been expanded alld there are counselors available to work with struggling borrowers. The American Secllrllization Forum represents mortgage investors and mortgage serVlcers, and they have announced today a set of guidelines to streamline the process of refinancing and modifying subprime loans for able homeowners. We hope that these gUidelines will be adopted as reasonable and customary standard praclice across the entire serviCing industry. This is a private sector effort, Involving no government money; so some may ask "Why are these government officials here today?" We are here because we all know that It is In everyone's Interest - homeowner, serVlcer, investor - to develop a market-based approach to avoid foreclosul'es that are preventable. And the current system for working out those problem loans would not be sufficient to handle the anticipated 1.8 million owner-occupied subprlme mortgage resets IIlat will occur In 2008 and 2009. The Investors who own these loans recognize that foreclosure is costly, and that a workout plan or mortgage modification often brings them greater value than foreclosure, But the standard loan-by-Ioan evaluation process that is current Industry practice would not be able to handle the volume of work that will be required Instead, the Industry needed a streamlined approach to address thiS Increased volume. The complexity that exists In current mortgage and mortgage seCUrities markets poses some very practical and difficult problems, The vast majority of mortgage servlcers are collecting homeowners' payments on behalf of investOl's scattered around the world, While each of these partiCipants has an Interest in avoiding preventable foreclosul'es. they are not eqUipped to Ilandle the anticipated volume on IIlelr own. I saw a role for government here - to convene market partiCipants with common Interests to deterl1llne If, and then how, they could develop a shared framework to address both the market complexity and the upcoming volume of mortgage resets The Industry standards announced today do not change the nature of tile responsibilities in the serVicing industry - servlcers will continue to modify loans when It IS In the best interests of the investors. Indeed, these industry standards announced today are the product of c!iscussions among Investors and serVlcers, With the Investor community on board and as a clear benefiCiary of thiS approaCh, the fisk of lillgatlon should be manageable Therefore, I expect servlcers across the mdustry to pursue ttllS streamlined approach The HOPE NOW alliance represents servlcers who cover 84% of currently outstanding subprrme mortgages. HOPE NOW estimates that under this streamlined approach up to 1.2 million subpflille ARM borrowers will be eligible for http://www.treas.gov/press/releases/hp716.htm 1/3/2008 1P-716: Statement by Secretary Henry M. Paulson, lr. at Press Conference to Announce Framework to... Page 2 of 2 fast-tracking Into consideration for affordable reflllanced or modified mortgages Servlcers have committed to reporting progress. and we all look forward to transparent and monthly reports 011 the results of these efforts. We owe thanks to the mortgage investors who have stepped up and enabled servicers to streamline the modification and refinancing process. Streamlining will free-up resources so servlcers can better focus on borrowers whose situations require more Ill-deptil review Tilank you, also, to the HOPE NOW members for significantly increasing I'esources to Identify, contact and counsel struggling homeowners. Additional thanks to the regulators who are here today They regulate mortgage lending, servIcing and Investing Institutions, so they see thiS Issue from all perspectives. Ttleir support for thiS effort is much appreciated by all participants The approach announced today IS not a silver bullet. We face a difficult problem for which there IS no peliect solution Today's announcement IS a significant step. I know that everyone here has worked very hard since August, and we will continue working. As events unfold, our approach Will continue to adapt and evolve. Now, Secretary Jackson will make a few remarks. ·30 . http://www.treas.gov/press/releases/hp716.htrn 1/312008 -IP-718: Paulson Urges House to Take Up Senate AMT Patch Page 1 of 1 December 7,2007 HP-718 Paulson Urges House to Take Up Senate AMT Patch Washington, DC--The Treasury Departrnent released a statement frorn Secretary Hemy M Paulson, Jr. today urging the House of Representatives to qUickly enact the Senate-passed AMT patch "I thank the Senate for passlllg a bill that pl'events 21 million Americans frorn paylllg the Alternative MIIlInlUrn Tax this year, alld that does not raise other taxes It IS Imperative that the House approve this and send It to the President without delay We are only weeks away from the time when taxpayers can tYPically file their leturns and Will expect millions of dollars In refund checks quickly, The longer It takes to put this AMT patch into the law, the greater the delay In the filing season and those refunds." http://www.treas.gov/press/releases/hp718.htm 1/3/2008 [P-719: update<br> u.s. and China to Hold Meeting of the Strategic Economic Dialogue in China <b... Page 1 of2 December 7, 2007 HP-719 update U.S. and China to Hold Meeting of the Strategic Economic Dialogue in China Next Week Washington, DC -Treasury Secretary Henry M Paulson, Jr. wilileaci a U.S delegation to China next week for the meeting of the U.S.-Chllla Strategic Economic Dialogue Secretary Paulson will be Joined by Commerce Secretary Carlos Gutierrez, Health and Human Services Secretary Mike Leavitt, U.S. Trade Representative Susan Schwab, EPA Administrator Stephen Johnson, Acting Agriculture Secretary Chuck Conner, and other Administration offiCials The third Cabinet-level meeting of the SED Will focus on integrity of trade, balanced economic development, energy conservation, financial sector reform, environmental sustalnabillty, and advancing bilateral investment. The dialogue was launched by President Bush and PreSident Hu In September 2006. Who Secretary Henry M Paulson, Jr. Mayor Michael R Bloomberg New York Stock Exchange CEO Duncan L Niederauer What NYSE Grand Opening of Office In Beijing When Tuesday, December 11,2007,320 pm Local Time Where Multi-function Room, No. 17 Building Dlaoyutai State Guesthouse No 2 Fucheng Road Haldlan, Beijing What Opening Statements and Introductions When Wednesday, December 12, 2007, 915 a.m. Local Time Where Zhengan Palace Hotel Eight Dragon Room, 2nd Floor Grand Epoch City Note Media must have SED credentials to attend SED credentialed media must be preset by 830 a.1Il. What Family Photo When Thursday, December 13,2007,810 a.m. Local Time Where Zhengan Palace Hotel Eight Dragon Room Lobby, 2nd Floor Grand Epoch City Note Media must have SED credentials to attend SED credentialed photographers must be pre-set by 730 a.m. What ClOSing Statements by Madame Wu and Secretary Paulson When Thursday, December 13, 2007,1200 p.m. Local Time http://www.treas.gov/press/releases/hp719.htm 113/2008 IP-719: update<br> U.S. and China to Hold Meeting of the Strategic Economic Dialogue in China <b ... Page 2 of2 Where Zhengan Palace Hotel Chinese Restaurant, 2nd Floor Grand Epoch City Note Media must have SED credentials to attend. SED credentialed media illust be preset by 1100 a.m What US Delegation Press Conference When Thursday, DecemlJer 13, 2007,1230 pm. Local Tirne Where Zhellgan Palace Hotel West Multi-Function Room, 3rd Floor Grand Epoch City http://www.treas.gov/press/releases/hp719.html/3/2008 IP-720: Treasury Designates Individuals with Ties <br>to Al Qaida, Former Regime Page 1 of 4 December 7,2007 HP-720 Treasury Designates Individuals with Ties to AI Qaida, Former Regime Washington, DC-- The US Depaliment of the Treasury today designated seven individuals with ties to the Iraqi IIlsurgency and the former Iraqi regime. One Individual was designated for provldlllg financial and material support to AI-Oaeda III Iraq (AOI) and the SIX other individuals were designated as senior officials of the former Iraqi regime or their Immediate family members, some of whom provided fJllanciai and material suppoli to Iraq Insurgents. "The Uilited States IS acting today against former regime elements and others supportlllg the Iraqi IIlsurgency out of Syria," said Stuart Levey, Under Secretary for Terrorism and Financial Intelligence. "Syria must take action to deny safe haven to those supporting violence from within its borders." F awzi Mutiaq AI-Rawi was designated pursuant to Executive Order 13224, which is aimed at terrorists and those providing them with financial and other support. The other six Individuals were designated pursuant to Executive Order 13315, which targets senior officials of the former Iraqi regime or their immediate family members. Designations under E.O 13224 and E.O 13315 are Implemented by Treasury's Office of Foreign Assets Control, and prohibit all transactions between the designees and any US person and freeze any assets the designees Jllay have under US JUrisdiction Identifying Information Fawzi Mutiaq AI-Rawi AKAs: AL-RAWI, Fawzi ISJlla'll AI-Husaynl ABU FIRAS ABU AKRAM Title ChalrJllan of the Iraqi WiJlg of the Syrian Ba'th Party DOB. 1940 POB Rawah City, Iraq Nationality: Iraqi Citizenship SyriaJl LocatioJl. DaJllascus, Syrra Address Syrian Government-owned apartment, AI-Mazzah district, DaJllascus, as of several years ago Office Location. Syrian Ba'th Party COJllmand Building, AI-Halbuni district, Damascus, as of several years ago Fawzi Mutlaq AI-Rawi, the leader of the Iraqi wing of the Syrian Ba'th Party, was designated under E.O. 13224 for providing financial and Jllaterlal support to AOI. AI-Rawi In November 2005 facilitated the proviSion of $300,000 to members of AOI In addition, he provided AOI with vehicle-borne ImprOVised explosive devices. http://www.treas.gov/press/releases/hp720.htm 1/3/2008 IP-720: Treasury Designates Individuals with Ties <br>to Al Qaida, Former Regime Page 2 of4 rifles, and suicide bombers at the request of a senior AOI leader In Iraq AI-Rawl and that same leader in September 2005 attended a meeting In Ar Ramadl, Iraq. with other senior AOI representatives where they discussed financing. lIIllfylllg AOI forces. conducting airborne IIllprovlsed explosive device attacks against the U S Embassy. and concentrating attacks agalilst the IIlternatlonal zone As of March 2005. AI-Rawl was present at regular meetings to plan fundlllg for Muhammad Yunls Ahmad's network in Iraq. Ahmad. who was deSignated pursuant to E.O 13315 In June 2005 and named on the United Nations SeCLmty Council Resolution 1483 list. has provided gUidance. fillancial support. and coord illation for insurgent attacks throughout Iraq AI-Rawi also ran a charity organization which was actually a front for fundlllg the network. As of December 2006. AI-Rawl continued to support AOI, meeting regularly with a senior member of the organization to discuss funding and to plan future operations in Iraq. AI-Rawi was apPolilted leader of tile Iraqi wlllg of the SYrian Ba'th Party by Synan PI'esident Bashar AI-Asad in 2003. The Iraqi wing of the Syrian Ba'th Party has since provided significant fUllding to Iraqi insurgents at AI-Rawl's direction. AI-Rawl is supported financially by the Syrian Government. and has close ties to Syrian Intelligence. He has met with Syrian Intelligence Director Asif Shawkat, and 11as received financial support directly from DllU al-Himilla al-Shallsh. former Chief of Asad's Presidential Security Guard Shawkat was named a Specially Designated National pursuant to E. O. 13338 on January 18. 2006 for directly furtherlllg the Government of Syria's support for terrorism and IIlterference In the sovereignty of Lebanon. Shallsh was named a SpeCially Designated National pursuant to E.O. 13315 III June 2005 for acting on behalf of Saddam Hussein's former regime. Under the authOrization of the Synan government, AI-Rawl In 2004 met twice With a former commander of Saddam Hussein's Army of Muhammad - a militant group formed by Saddam Husselll to fight against Coalition forces In Iraq. AI-Rawl reportedly informed the commander that the Army of Muhammad would receive material aid from Syria in the form of goods given to the Army for resale III Iraq rather than money, due to International concerns that Syria was supportlllg terrorism and the resistance III Iraq Hasan Hashim Khalaf AI-Dulaymi AKA WISSAM. Abu DOB 1942 POB Baghdad. Iraq Nationality: Iraqi Address 30th Street, AI-Yarmuk Area of Jadat AI-Jaysh District of Damascus. Syria Alt Address House #43. Lane #17. SubdiVision #808. AI-Dawrah. Baghdad. Iraq Hasan Hashim AI-Dulayml was designated under E.O. 13315 as a senior official of the former Iraqi regime. In 2005, AI-Dulaymi was a deputy of SYria-based Muhammad Yunis Ahrnad. a financial facilitator and operational leader who helped reconstitute the Iraqi Ba'th Party. In late 2004, AI-Dulayml served as a prinCipal assistant to Izzat Ibrahim al-ourl and viSited Baghdad to coordinate IIlsurgent activities. Additionally. AI-Dulayml dll'ected an anti-coalition cell in Baghdad in late 2003. In addition. AI-oulayml. who operates out of Syria and Iraq. has been an active member of the Iraqi Ba'th Party and served as the Ba·th Party Treasury Secretary under Saddam Hussein's regime. The Central Criminal Court of Iraq In July 2006 named AI-oulaymi on their list of 41 most-wanted individuals and issued a warrant for his arrest. Currently. AI-oulayml is In contact With leading former regime officials, IIlcluding designated former regime offiCials Muhammad Yunis Ahmad. Izzat Ibrahim al-Duri and Taha Yasin Ramadan. Ahmed Watban Ibrahim Hasan AI-Tikriti AKAs http://www.treas.gov/press/releases/hp720.htm 113/2008 IP-720: Treasury Designates Individuals with Ties <br>to Al Qaida, Former Regime Page 3 of4 AL-TIKRITI, Ahmad Watban Ibrahim Hasan MUHAWDAR,lmad 'Udi DOB 1975 ALT DOB 1979 POB Baghdad, Iraq Nationality Iraqi Address AI-Ra'is bUilding Milla Street, Tartus City, Tartus Province Syna Address Jlrmanall neighborhood, Damascus, Syna Address AI-Hadcla Hotel, Sana'a, Yemen Syria-based Ahmed Watban Ibrahim Hasan AI-Tlkntl IS the son of Watban Ibrailim Hasan AI- Tlkntl - the former Iraqi Minister of the Intenor - who was designated pursuant to E.O. 13315 In June 2003. AhmecJ Watban has provided financial and operational support to the Iraq IIlsurgency. He also has transported money Into Iraq for IIlsurgents and facilitates foreign fighter movement IIltO Iraq The Central Cnmillal Court of Iraq has Issued a warrant for Ahmed Watban's arrest. Ahmad Muhammad Yunis AI-Ahmad AKAs AL-BADANI, Ahmad Muhammad Mahmud 'Abdallah AL-BARRANI, Ahmad Muhammad AI-Abdullah Nationality Iraqi DOB. 19 September 1978 POB AI-An bar, Iraq Passport number 347417, expiration 19 February 2011 Passport number: H034 7417, expiration 19 February 2011 Date of Issue 20 February 2003 Place of Issue AI-Anbar, Iraq Address: AI-Mazzah AI-Jabal District 6 Subdistrict, 3 area AI-Iskan complex 40/2, Fifth floor Damascus, Syria Syria-based Ahmad Muhammad Yunls AI-Ahmad is a son of Muhammad Yunis Ahmad - a finanCial facilitator and operational leader of the New Regional Command of the reconstituted Ba'th Paliy - who was deSignated pursuant to E.O, 13315 on June 17, 2005, AI-Ahmad helped transport funds belonging to hiS father, Muhammad Yunls Ahmad and Saddam Husselll from Iraq to Syria before the fall of the Hussein regime. The Central Cnminal Court of Iraq Issued a warrant for AIAhmad's arrest on January 9, 2005. Sa'ad Muhammad Yunis AI-Ahmad DOB 1 Jan 1981 POB, Baghdad Nationality Iraqi Iraq National 10 159014 Address. Damascus, Syria Syria-based Sa'ad Muhammad Yunis AI-Ahmad is another son of Muhammad Yunis Ahmad - a financial faCilitator and operational leader of tile New Reglollal http://www.treas.gov/press/releases/hp720.htm 1/3/2008 IP-720: Treasury Designates Individuals with Ties <br>to AI Qaida, Former Regime Page 4 of4 Command of the reconstituted Ba'th Party - who was designated pursuant to E.O 13315 on June 17, 2005. Sa'ad regularly accompanies his father and IS suspected of having acted as a money courier for him to finance anti-coalition activities Thabet AI-Ouri DOB 1943 or 1944 POB Dur, Iraq Address Karkh District, Baghdad, Iraq Address Rukan ai-Dill, Syria Thabet AI-Duri, who operates out of SYria and Iraq, served as a former regime Ba'th Party branch secretary and a general manager for ttle Party's regional security office. He was also the governor of Basra under the former Iraqi regime Hatem Hamdan AI-Azawi DOB circa 1937 Address Dlyall, AI-Khalis Sector, Iraq Address Deli Abbas, Iraq Hatam Hamdan AI-Azawi, fornlerly a close associate of Saddam Hussein, served as the head of Saddam's presidential administration. AI-Azawi obtained a fraudulent diplomatic passport and fled to Syria after the fall of the Iraqi regime. AIAzawi worked to reconstitute the Iraqi Ba'th Party. http://www .treas.gov/press/releases/hp720.htm 113/2008 IP-722: Treasury Economic Update 12/7/2007 Page 1 of 1 December 7, 2007 HP-722 Treasury Economic Update 12/7/2007 "Today's (lata fIlet/cate that the labor market rema/ns healthy with a low unemployment rate and contflluecl job growth. We expect the economic expansion to continue even with the challenges we face 111 the housmg and credit markets." - Assistant Secretary Phillip Swagel, December 7,2007 Job Creation Continues: Job Growth: 94,000 new jobs were created In November, the 51 st straight month of job gains. Tile United States has added 1.5 million jobs In the past 12 montilS and about 8 and a half million jobs since August 2003 Employment increased In 48 states and tile Dlstrtct of Columbia over the year ending in October. (Last upclalee/. Decem/Jer 7, 2007) Low Unemployment: November's 4.7 percent unemployment rate is close to its lowest reading in 6 years. Unemployment rates have declined In 25 states and the Distrtct of Columbia over the year ending in October. (Last updated December 7, 2007) There Are Many Signs of Economic Strength: Economic Growth: Real GOP growth was 4.9 percellt III the tllird quarter of 2007. sUPP0l1ed by strong gaills III bUSiness Investment and expol-ts. (Last updatee/. November 29, 2007) Business Investment: Busilless spending on commercial structures and equipment rose solidly in the third quarter. Healthy corporate balance sheets bode well for contillued Investment growth. (Last updated November 29,2007) Exports: Strong global growth is boosting US exports, which grew by 10.2 percent over the past 4 quarters (Last updateci. November 29, 2007) Inflation: Cme Inflation remains contained. The consumer price IIldex excludlllg food and energy rose 2.2 percent over the 12 months ending in October. (Last updaleei. November 15, 2007) Tax Revenues: Tax receipts rose 6 7 percent In fiscal year 2007 (FY07) on top of FY06's 11.8 percent Increase As a share of GOP, FY07 receipts exceeded their 40-year average (Last upcfated. October 12, 2007) Americans Are Keeping More of Their Hard-Earned Money: Real after-tax income per person increased 2.7 percent over the past 12 months (ending in October). (Last updated. November 30. 2007) Pro-Growth Policies Will Enhance Long-Term U.S. Economic Strength: We are on track to make significant further progress on the deficit. The FY07 budget defiCit was down to 1.2 percent of GOP. from 1.9 percent in FY06. Much of the improvement In the defiCit reflects strong revenue growth, which In turn reflects the contillued strength of the U S economy. Looking ahead, Illgher spending on entttlelTlent programs dominates the future fiscal Situation. we must squarely face up to tile challenge of reformlllg these programs http://ww w .treas.gov/press/releases/hp722.htm 113/2008 IP-723: UPDATE: U.S. Treasury Assistant Secretary to Discuss <br>U.S. Capital Markets Competitiv... Page 1 of 1 December 10, 2007 HP-723 UPDATE: U.S. Treasury Assistant Secretary to Discuss U.S. Capital Markets Competitiveness in London US Treasury Assistant Secretary David G Nason will discuss Treasury efforts to strengtllen the competillveness of US capital markets before the City of London Corporation In London, England on Tues., Dec. 11 When US. Treasury Secretary Henry M. Paulson, Jr first took office, he said promoting the competitiveness of U.S capital markets is a vital Issue to strengthening the U.S. economy. He hosted a major conference in March With international leaders on thiS Issue. As part of hiS plan for strengthening American capital markets he called for an examination of the structure of the US financial regulatory system One area of focus has been the difference between the US finanCial regulatory structure and regulators around the world, Includlllg the benefits of the UK financial regulatory structure. Additionally, Treasury has been examining the benefits and consequences of the overiapplllg federal and state-based overSight on Issues such as mortgage origination and IIlsurance. The Department Will release ItS recommendalions for improvement early next year For more IIlfOrmatlon on the Secretary'S capital markets competitiveness initiative, please VISit http://www.treas.gov/inltiatives/capital-marketsl. Who U. S Treasury Assistant Secretary DaVid G. Nason What Remarks on American Capital Markets Competitiveness When Tuesday, December 11,2007 1130 a.m. (Local Time) Where City of London Corporation 'Baslllghall SUite Guildhall, Corner of Gresham and Aldermanbury London, England EC4N 8BH http://www.treas.gov/press/releases/hp723.htm 113/2008 lp724: Under Secretary Steel Speaks at Subprime Lending and Foreclosure Summit Page 1 of 1 December 10, 2007 ~lp724 Under Secretary Steel Speaks at Subprime Lending and Foreclosure Summit Under Secretary for Domestic Finance Robert K. Steel will speak Wednesday at tile New York City Subpnlne Lending and Foreclosure Summit The summit IS a collaborative forum between New York City federal banking regulators and the City's Department of Housing Preservation and Development The forum will focus on national solutions to the current subpnme mortgage situation, as well as programs designed specifically to address the needs of New York City homeowners Who Under Secretary for Domestic Finance Robert K. Steel What Remarks at New York City Subprime Lending and Foreclosure Summit When Wednesday, December 12,2007900 a.m. EST Where City UniverSity of New York Graduate Center 365 Fifth Avenue Manhattan. NY. http://www.treas.gov/press/releases/hp 724. htrn 1/3/2008 IP-725: Statement by Secretary Paulson on Opening ofNYSE Office in Beijing Page 1 of 1 December 11. 2007 HP-725 Statement by Secretary Paulson on Opening of NYSE Office in Beijing Beijing, CHINA--Treasury Secretary Henry M Paulson. Jr. today issued the following statement on the opening of the NYSE's lepresentatlve office In BeiJing. "Good afternoon. I'm pleased to be here with Duncan Niederauer and Mayor Bloomberg. Today's event marks China's continued progress in developing and opening Its financial markets. A presence for the NYSE here creates opportunities for US Investors and US financial services firms. "The presence of the NYSE here will also give Chinese companies, and particularly Its dynamic private sector, greater oppol1unlties to access global finanCial markets Meeting U.S. listing requirements Will support China's efforts to strengthen corporate governance. "As I've said before, as China opens to foreign financial services institutions. Chilla IS the big gainer. International expertise coming to do business here prOVides Jobs and training for Cilinese professionals, budding expertise here that results in more competitive financial markets which spread the benefits of economic growth more broadly among the ChlTlese people." http://www .treas.gov/press/releases/hp725.htm 113/2008 -IP-726: U.S. Treasury Assistant Secretary for Financial Institutions David G. Nason<br>Remarks bef... Page 1 of6 December 11, 2007 HP-726 U.S. Treasury Assistant Secretary for Financial Institutions David G. Nason Remarks before the City of London Corporation Redesigning U.S. Financial Regulation for a Global Marketplace London - Thank you very much Michael, thank you for that kind introduction and to everyone gathered here today for welcoming me. It IS a pnvilege to be here today at the City of London in this beautiful and hlstonc venue. The City of London has played a significant role In enhancing the position of London as a key center of financial and business activity. In late October In New York City, US. Treasury Secretary Henry M. Paulson. Jr. met with City of London officials. Policy and Resources Committee Chairman Michael Snyder, Assistant Director of Economic Development Paul Sizeland. and Director of Public Relations Tony Halmos, and New York City Mayor Michael Bloomberg to discuss the global competitiveness of the financial services IIldustry. I appreciate the City of London welcoming me here to continue this dialogue. would like to begin today with a brief snapshot of current economic conditions and a short discussion of President Bush's recent announcement on housing issues. Finally, I will describe our current thinking about capital markets competitiveness as it relates to the Treasury Department's review of U.S. financial services regulation. Economic Conditions A common theme in my remarks today IS that capital markets are no longer confilled to geographical or national boundanes. Therefore, it makes sense to begin with a global economic view. From a global perspeclive, economic growth has been qUite strong The International Monetary Fund projects that by the end of this year. the world will have expefienced five consecutive years in which real growth exceeded 4 percent. In fact, the average of those five years IS almost 5 percent. ThiS IS tile best five-year growth period in more than three decades. Not only IS thiS growth widespread, but at the same time, world consumer price IIlflatlon IS at its lowest level, averaging 3.6 percent during the past five years And although facing challenges, the U.S. economy remains fundamentally sound. Job creation IS healthy with over 1.5 million new jobs belllg created In the past year, and the US. economy has now added Jobs for 51 straight months. Tile unemployment rate is at 4.7 percent, close to Its lowest reading in SIX years. Real GOP growth in the United States was 4.9 percent in the third quarter of 2007, supported by strong gains in business Investment and exports. Business spendlllg on commercial structures and equipment rose solidly In the third quarter. Healthy corporate balance sheets bode well for contlilued Investment growth. Strong global growth is boosting U.S exports, which grew by 10.2 percent over the past four quarters. Importantly. core inflation remalils contained, and the fiscal deficit has been reduced substantially. However, the U.S. economy does face sefiOUS headwinds. A housing market correction, rooted in an eight-year period of exceptional housing price appreciatloll, remalils the most sefiOUS risk to future economic growth. Other challenges Include financial market dislocations and high energy prices. But our solid economic fundamentals coupled with the backdrop of the strong global economy should support continued economic growth in the United States. Housing Markets and the Administration's Response Regardless of any impact the hOUSing correction Will have on the economy. the Bush Administration recognizes the difficulty of this situation for the indiVidual http://www.treas.gov/press/releases/hp726.htm 113/2008 W-726: U.S. Treasury Assistant Secretary for Financial Institutions David G. Nason<br>Remarks bef... Page 2 of 6 homeowners undergoing strain. Therefore I thought I would take a few momellts to share our most current response to these issues. Foreclosures are a fact of life, even in strong housing years. However, fOl'eclosure starts have almost doubled In the last year and a half, and SlgllS pOint to further increases. When rising at a rate outside of historical norms and concentrated In pal1lculal' communities, foreclosures have a wider negative Impact, drrving down property values and underrnlning the financial stability of nelgtlborlng families Therefore, we have worked through an evolVing process to help Illlnimize the Impact of the housing downturn on homeowners, neighborhoods and the US economy It IS Important to note at tile outset the pl'inclples we use to approach thiS problem Our efforts are targeted at homeowners who have demonstrated the finanCial ability to own a home over the long-term Our efforts will not be designed to assist speculators who acquired real estate for investment purposes We must endeavor to avoid bailing out lenders and investors, who should recognize the value of these impaired mortgages and should not expect government assistance in these commercial transactions Lastly, the government should not subject lenders and investors to abrogation of bargained-for contractual rrghts Based on those core principles, we are implementing a three pOint plan First. we are increaSing efforts to reach able homeowners who are struggling with their mortgages. Second, we are working to Increase the availability of affordable mortgage solutions for these borrowers. Tilird, we are leading the industry to develop systematic means of effiCiently moving able homeowners With unaffordable subprrme mortgages Into sustainable mortgages. The Administration called together a large group of mortgage serVlcers, counselors and Investors, called the HOPE NOW alliance, to coordinate and Improve efforts to reach more homeowners and find long-term solutions. The HOPE NOW alliance represents servlcers who cover 84 percent of currently outstanding subprime mortgages. As Secretary Paulson said, the infrastructure to reactl struggling borrowers IS now In place outreach letters have been sent to distressed borrowers, a toll-free number has been expanded and counselors are available to work with struggling borrowers. The Adllllnistration has used existing authority to expand the Federal HOUSing Administration, a government-subsidized mortgage Insurance program, to prOVide additional solutions. ThiS expansion could help around 300,000 homeowners through 2008. However, we do need the U.S, Congress to pass Widely supported bipartisan housing related legislation to expand the availability of affordable mortgage options for eligible distressed borrowers. Last week, we announced the third part of the plan. The HOPE NOW alliance, which includes the American Securrtizatlon Forum, a group representing Significant mortgage investors, announced a set of guidelines to streamline the process of refinancing and modifying subprrme loans for able homeowners. The HOPE NOW alliance estimates up to 1.2 million subprrme adjustable-rate mortgage (ARM) borrowers will be eligible for fast-tracking into affordable refinanced or modified mortgages ullder this streamlined approach. Servlcers have committed to reporting progress in these efforts and we all look forward to transparent and montilly reports on the results of these efforts. We antiCipate Illat these guidelines will be adopted as reasonable and customary standard practice across tile serviCing Industry. This IS In everyone's Interest homeowner, servicer, and investor - to develop a market-based approach to aVOid preventable foreclosures, This plan will not prevent all foreclosures, nor should it Some borrowers, particularly those who received loans under the most lax underwriting standards and who have not been able to make even their initial payments, likely Will become renters again. The problems we are facing In the mortgage market are complex and unprecedented, and there IS no perfect way to address them. This plan has evolved over time and Will not be easy to implement. We continue to monitor the Situation closely and work to address issues proactively as they arrse The issues in the mortgage market highlight the challenges we as policymakers see http://www.treas.gov/press/releases/hp726.htm 113/2008 IP-726: u.s. Treasury Assistant Secretary for Financial Institutions David G. Nason<br>Remarks beL. Page 3 of6 with the constant evolution and innovations In our global capital markets. On tile one hand. the complexity of the global and secuntized mortgage market made It more difficult for the private sector to help ilomeowners modify their mortgages On tile other Iland. this financial Innovation Increased access to credit and brought tile dream of ilomeownership to a greater number of people than ever Capable borrowers with less-than-perfect cree!lt histories found opportunity througll the ingenuity of our capital markets. So we must be careful that any response to this situation does not unnecessarily harm those borrowers or stifle beneficial financial innovation. Financial Services Regulation The recent stl'ess In the financial markets demonstrates that economiC systems can benefit from Improvec! fillanClal services regulation. Indeed, few regulated and nonregulated financial Institutions have escaped tile effects of market volatility over the past few months. It IS In everyone's Interest to have a more optimal framework for fillancial services regulation. I would like to take a few minutes to underscore the importance of a competitive financial services industry. Over the past few decades the finanCial services Industries In London and New York have contributed significantly to their countries' econOllllC growth and prosperity, The financial services industry's contribution to the GOP in the United Kingdom has risen from 6.6 percent in 1996 to 9.4 percent In 2006 and III the US. from 6.8 percent in 1996 to 7.8 percent In 2006 We. as policymakers, need to ensure that the financial services industry contillues to contribute to this economic growth. And, one area where the United States must focus attention is the regulatory structure for the financial services industry. To lhat end, Secretary Paulsoll has asked the Treasury Department to undertake a comprehensive review of financial institutions regulation and to develop recommendations to modernize our regulatory system. We expect thiS review to be complete by early next year Examination and reexamination of fillancial services regulation are essential to fulfilling the Treasury Department's miSSion to promote the conditions for prosperity and stability In tile United States and to encourage prosperity and stability ill tile rest of the world. The globalization of the capital markets also prompts the need for analySIS of the current regulatory structure In the United States. Companies now can raise capital across the world. seeking environments tilat provide adequate capital and liquidity at the best cost Initial public offerings (IPOs) data provide some of the more telling statistiCS of thiS new globalized environment. The number of global IPOs more than doubled from 839 in 2002 to 1729 in 2006. With 90 percent of the companies going publiC listing on their domestic exchanges. European exchanges raised the most capital. 39 percent (US$95 billion) of the total IPO capital raised In 2006. followed by ASlaPaCific excllanges with 35% (US$85.5 billion), and North Aillerican exchanges with 19 percent (US$463 billion) Clearly, market partiCipants today have many jurisdictional options for raislllg and investing capital. Because of thiS dynamic, market participants have choices today that were unavailable as recently as 10 years ago. This borderless world pressures regulatory regimes to compete With each ollier because capital flows to where investors expect to achieve the greatest riskadjusted return. However. a welcoming regulatory regime does not mean one that It is lIleffective or lenlen!. In fact, market participants value well-regulated markets on account of their fostertng market IIltegrity and investor confidence Therefore. our working assumption IS tllat in this new globalized marketplace. we are engaged in a race-to-the-top. to achieve the optimal regulatory structure for the financial services industry. The optimal regulatory structure needs to attract capital based on its effectiveness in promoting Innovation, managing system-wide risks. and fostering consumer and investor confidence http://www.treas.gov/press/releases/hp726.htm 1/312008 IP-726: U.S. Treasury Assistant Secretary for Financial Institutions David G. Nason<br>Remarks bef... Page 4 of6 I believe that the race-to-the top is occurring at both a macro- and a micro-level. At the macro-level, we are witnesslllg the evolution and testing of various regulatory structures for the flllancial services sector. For example, as you well know, the United Kingdom closely analyzed Its regulatory structure Just over a decade ago and made seminal changes such as separatlflg bank supervision and monetary poliCY and consolidating finanCial services supervision under the umbrella of a slllgie regulator There are other macro-level models such as the "Twill Peaks" model adopted in Australia This regulatory structure creates two dlStlllCt regulatory bodies - one responsible for pruclentlal regulation of entitles of SUCll consequence that require prudential regulation and one responsible fm market and disclosure regulation of financial products belllg offered to consumers and investms Quite different from these two relatively new approaches, the US finanCial services regulatory structure has been largely knit together over the last 75 years Much of this framework was put IIlto place for particular reasons In a different time and In response to circumstances that no longer exist. We currently have five federal depository institution regulators, one federal seCUrities regulator, one federal futures regulator and a state-based insurance regulatory system. We also Ilave additional state based supervision of depOSitories and securities firms as well as selfregulatory organizations with broad regulatory powers. Our structure has evolved III order to meet the growing demands of our financial services Industry. but ttllS evolution has resulted lal'gely In adding layers of regulation Without an ovel'all evaluation of the optimal way to regulate the financial services industry. It IS useful and productive to evaluate the strengths and weaknesses of these regulatory models. Ttlis testing and comparison Will have the salutary effect of making each structure stronger. [1] Ernst & Young, Globalization Global IPO Trends Report 2007, 18,20,24, [2]ld, at 4-5. In addition to macro-level regulatory competition issues, market and regulatory forces around the globe are also compelling dramatic changes at a more IIIdustryspeCific level. Because we are in Europe, I thought it might be instructive to explore some European-led regUlatory drivers that have had a Significant Impact in shaplllg U.S. regulatory policy. These issues are not new and are often discussed and debated between my colleagues at the Treasury Department and European officials III various regulatory dialogues. One of the clearest examples of regulatory policies of non-U.S. JUrisdictions shaping the regulatory landscape of US firms IS the consolidated supervised entities (CSE) regime administered by the US Securities and Exchange Commission (SEC). The creation of thiS regulatory regime was motivated largely by the requirements of the European Union's (E U ) Financial Conglomerates Directive. ThiS Directive requires non-E. U. financial Institutions doing bUSiness In Europe to be supervised on a consolidated basis. The CSE regime was created in 2004 and covers the largest investment banks that are not regulated by the Federal Reserve as bank holding companies. Fm the large investment banks that are part of the CSE regime, the SEC oversees not only the U.S.-registered broker-dealer, but also the consolidated entity, whicll may include other regulated entitles such as foreign-registered broker-dealers and banks, as well as unregulated entities, such as derivatives dealers and the holding company itself. The CSE regime's mission is to diminish the likelihood that weakness in the holding company itself or any of its unregulated affiliates would place a regulated entity or the broader fillancial system at risk. Insurance IS another US IIIdustry With a regulatory structure heavily Influenceej by external regulatory factors. In the US" insurance companies are regulated almost enlirely by the states (unlike banks and other fillancial IIIstitutions that are regulated prlmal'ily at the federal level or on a dual federal/state basis). While the Insurance regulatory structure debate dates back to a US. Supreme Court deCision In 1869, Congress reaffirmed the decision to regulate insurance at the state level in the McCarran-Ferguson Act in 1945 and again In the Gramm-Leach-Bliley Act (GLBA) http://www.treas.gov/presslreleases/hp726.htm 1/312008 IP-726: U.S. Treasury Assistant Secretary for Financial Institutions David G. Nason<br>Remarks bef... Page 5 of6 in 1999. Under our current state-based regulatory system. each state has an Insurance regulator charged with administering state Insurance laws. promulgating regulations, and other duties pertaining to the supervision of the Insurance business. The National Association of Insurance CommiSSioners (NAIC) IS the primary vehicle through Wllicll state insurance regulators exchange information and coordinate activities to enhance the effectiveness of insurance regulation and attempt to bring about some degree of uniformity. ThiS structure raises a number of Issues with an international dimenSion. Our regulatory structure raises questions of comity because foreign firms find adapting to over 50 differing state standards more difficult ThiS can limit international firms' operalions In the United States, ultimately hurting US. consumers Similarly, because of our structure. foreign offiCials and insurance companies have no Single federal regulator with whom to coordinate on Insurance matters. Of course. the US Insurance market and the global nature of insurance are vastly different than they were SIX decades ago when McCarran-Ferguson was enacted and even from the almost 10 years since GLBA. Non-U.S. regulatory authorilies are reevaluating tile insurance regulatory regime reflecting the changes taking place In the Insurance markets. The European Commission's proposed new Solvency II legislation, coupled with the Reinsurance Directive. represents a major effort to reorient and modernize insurance regulation, treating insurance firms as cross-border actors. Not surprisingly. these decisions are impacting how we in the United States view our Insurance regulatory structure. The NAIC is currently considering updates to the U.S. risk-based capital and reinsurance poliCies As we evaluate proposals to modernize our own system of Insurance regulation. we must consider what will best serve our interests and the global economy in maintaining an Insurance marketplace that attracts capital and does not set up artificial and costly bafllel·s. There are other examples than those that I mention here, and there are numerous circumstances in which the US regulatory approach has shaped other countries' approaches. Therefore, it seems clear that now more than ever significant external regulatory competitive pressures require a constant reevaluation of finanCial services regulatory structul·e. The Blueprint for Reform Thus, I hope I have described adequately some of the motivating forces for the Treasury Department's undertaking to naft a blueprint for an Improved US financial regulatory structure. Let me share our approach to thiS prOject and what we tlope to achieve. Our overarching goal IS to naft recommendations that will result in a regUlatory regime that most effiCiently • • • safeguards the safety and stability of the financial system: maintains high standards of both consumer and Investor protection: and promotes efficient and competitive capital markets. As part of thiS effort and In order to inform our work, the Treasury Department published a Federal Register notice seeking publiC comment on a series of questions about regulatory structure and received more than 350 comment letters In response. This level of participation In the Department's study highlights the Importance and complexity of our task. As we analyze these comment letters, we are forming the framework of our recommendations which Will fall Into two main categories. First. in keeping with the theme I described earlier, we Will propose some broad ideas for an optimal regulatory structure to match the globally-integrated U S finanCial services Industry. You should not be surprised to hear that thiS optimal structure will not match our current structure exactly. This Will be a newly-deSigned model for the US finanCial services industry that should meet the needs of today http://www.treas.gov/press/releases/hp726.htm 1/3/2008 [P-726: U.S. Treasury Assistant Secretary for Financial Institutions David G. Nason<br>Remarks beL. Page 6 of6 and be flexible enough to address the issues that might come tomorrow. It will recognize the global nature of our capital markets, the greatly increased compleXity of financial products, the importance of technology to the financial services sector, and the importance of consumer and investor protection In IIle provIsion of financial products Of course, we recognize IIlat there are many difficulties In obtalnlllg wholesale changes to regulatory structule. There are many political and parochial concerns and some are hesitant and generally opposed to cllallge. We recognizE: tillS fact. Therefore, our second category will consist of less conceptual recommenriatlons that we believe will serve as Intermediate steps to put us on the path towards the optimal structure of financial services regulation. Success of this initialive will not and should not be tied to short-term accomplishments Today, I have Identified the Issues and segments where we Will focus during this prOjeCt. Some of the recommendations will be immediately relevant to legislative and regulatory policy issues. On these matters, our hope IS that the Treasury Department's report Will spur near-term tangible results. Implementation of othel-, longer-term recommendations will be subject to outside factors but will be ready should support for these reforms develop. Finally, our hope is that some of the recommendations will shape future debates regarding regulatory structure Issues. [3] "Viewpoint: The Roadblocks for Regulatory Revamp." American Banker 26 Oct. (2007) (noting the difficulties of wholesale changes but the importance of undertaklflg thiS type of evaluation). Thank you for your time and your hospitality. It is truly a privilege to be here and I am happy to continue this dialogue if you have any questions. http://www.treas.gov/press/releases/hp726.htm 113/2008 Page 1 of4 December 11, 2007 2007-12-11-11-12-51-11495 U.S. International Reserve Position The Treasury Department today released U.S, reserve assets data for the latest week, As indicated in this table, U,S. reserve assets totaled $70,728 million as of the end of that week, compared to $70,945 million as of the end of the prior week, I Official reserve assets and other foreign currency assets (approximate market value, In US millions) I I II IIDecember 7, 2007 IA. Official reserve assets (in US millions unless otherwise specified) IIEuro IIYen IITotal 1(1) Foreign currency reserves (in convertible foreign currencies) II 11 14 ,403 II 11 11 ,435 11 70 ,728 11 25 ,838 I I I(a) Securities lof which Issuer Ileadquartered in reporting countr-y but located abroad II II 11 0 I(b) total currency and deposits with: I(i) other national central banks, BIS and IMF II 11 14 ,359 II 115,618 II 11 19,977 Iii) banks headquartered rn the reporting country II II lof which located abroad II II 11 0 11 0 1(lil) banks headquartered outside the reportlllg country II II 11 0 lof which. located in the reporting country II 11 0 1(2) IMF reserve positron II 11 4 ,391 1(3) SDRs 119,481 1(4) gold (lIlcludrng gold deposits and, if approprrate, gold swapped) 11 11 ,041 I--volume in millions of fine troy ounces 11 261 .499 1(5) other reserve assets (specify) 11 0 I--financlal derivatives II I I I--Ioans to nonbank nonresidents I--other IB Other foreign currency assets (specify) --securities not included in official reserve assets --depOSits not IIlcluded In official reserve assets --loans not included in official reserve assets --financial derivatives not included in official reserve assets --gold not included In offiCial reserve assets JI II I I Ii I --other II II II. Predetermined short-term net drains on foreign currency assets (nominal value) ________________~I~I______~I~I______~II~------~II~----~I~I_____ _ :p:l/www.treas.gov/press/releases/2007121111125111495.htm 11312008 Page 2 of 4 II I IIMaturity breakdown (residual maturity) ITotal I 1. Foreign currency loans, securities, and deposits I IIPrlncipal I--outflows (-) I IIlnterest I--inflows (+) IIPrincipal I IIlnterest More than 1 and up to 3 months Up to 1 month I More than 3 months and up to 1 year I II " " I II I II II /I II II I 2. Aggregate short and long positions in forwards and futures In foreign currencies vis-a-vis the domestic currency (includinq the forward leq of currency swaps) I I I I (a) Short positions ( - ) I (b) Long POSitions (+) I 3. Other (specify) I I " I II I --outflows related to repos (-) I --inflows related to reverse repos (+) I --trade credit (-) I I --trade credit (+) II I --other accounts payable (-) II I --other accounts receivable (+) II II II II II I II I II I /I \I I I III. Contingent short-term net drains on foreign currency assets (nominal value) I II I II I 11 Contingent liabilil1es in foreign currency (a) Collateral guarantees on debt falling due with III 1 year I(b) Other contlllgent liabilities 2. Foreign currency securities Issued With embedded options (putlable bonds) 3. Undrawn, uncondll1onal credit lines prOVided by (a) other national monetary authOrities, BIS, IMF, and other international organizations I--other national monetary authorilies (+) /I Iapplicable) MatUrity breakdown (reSidual maturity, where IITotal /I JI II II I II I II II JI II II II II II /I \I [--IMF (+) (b) with banks and other finanCial institutions headquartered in the reporting country (+) JI 1~1C) With banks and other finanCial institutions I ~ndrawn, unconditional credit lines provided to /I(a) other national monetary authorities, BIS, IMF, and other international organizations I /I I--BIS (+) headquartered outside the reportlllg country (+) More tllan 3 months and up to 1 year More than 1 and up to 3 months Up to 1 month I I I--other national monetary authorities (-) r p:llwww.treas.gov/press/releases/2007121111125111495.htm \I I II I . I II II II /I II II II II II /I II II II II \I I II \13/2008 Page 3 of4 I--BIS (-) II I--IMF (-) II II II II II II I I II II (b) banks and other financial institutions headquartered in reporting country (- ) (c) banks and other financial institutions headquartered outside the reporting country ( - ) II I I 4. Aggregate short and long positions of options in foreign currencies vis-a-vis tile domestic currency I(a) Short positions 10) Bought puts II II I(ii) Written calls I(b) Long positions 10) I II II II I Bought calls I(ii) Written puts \PRO MEMORIA In-the-moneyoptlons 1(1) At current exchange rate II II II I(a) Short POSition I j(b) Long position j(2) + 5 % (depreciation of 5%) I I(a) Short posilion II II II II II I(b) Long position 1(3) - 5 % (appreciation of 5%) I(a) Short position I(b) Long position II 1(4) +10 % (depreciation of 10%) I(a) Short position I I(b) Long position 1(5) - 10 % (appreciation of 10%) I II II I I(a) Short POSition I(b) Long position 1(6) Other (specify) I II I(a) Short position I(b) Long position IV. Memo items II I 1(1) To be reported with standard periodicity and timeliness: (a) short-term domestic currency debt Indexed to the exchange rate I (b) financial instruments denominated in foreign currency and settled by other means (e.g .. in domestic currency) II I--nondeliverable forwards [ --short positions [ --long positions t-other Instruments I(c) pledged assets I t-included in reserve assets II --Included In other foreign currency assets II r http://www.treas.gov/press/releases/2007121111125111495.htm II I I 1/312008 Page 4 of 4 I(d) seCUrities lent and on repo I I --lent or repoed and included in Section I --lent or repoed but not included in Section I I II--borrowed or acquired and Included in Section I I II--borrowed or acquired but not included in Section I I I(e) financial derivative assets (net, marked to market) I--forwards " II I--futures 1\ I--swaps 1\ I--optlons I I--other IW) derivatives (forward, futures, or options contracts) that have a residual maturity greater than one II year, which are subject to margin calls. II--aggregate sllort and long positions III forwards and futures in foreign currencies vis-a-vis the domestlcl currency (lilcludlllg the forward leg of currency swaps) I I(a) short POSitions ( - ) I(b) long positions (+) I--aggregate short and long positions of options in foreign currencies vis-a-vis the domestic currency I(a) short positions "/I/I /I l(i) bought puts I(ii) written calls " II I(b) long positions II l(i) bought calls /I /I I(ii) written puts 1(2) To be disclosed less frequently: hal currency composition of reserves (by groups of currencies) 11 70 ,728 " 11 70 .728 I--currellcies In SDR basket /I /I I--currencies not in SDR basket I--by individual currencies (optional) I Notes: " II Includes holdings of the Treasury's Exchange Stabilization Fund (ESF) and the Federal Reserve's System Open Market Account (SOMA), valued at current market exchange rates. Foreign currency holdings listed as securities reflect markedto-market values, and deposits reflect carrying values. 21 The items, "2. IMF Reserve Position" and "3. Special Drawing Rights (SDRs)," are based on data provided by the IMF and are valued in dollar terms at the official SDRldoliar exchange rate for the reporting date. The entries for the latest week reflect any necessary adjustments, including revaluation, by the U.S. Treasury to IMF data for the prior month end. 31 Gold stock is valued monthly at $42.2222 per fine troy ounce. p:llwww.treas.gov/press/releases/2007121111125111495.htm 11312008 1p727: Opening Statement by Secretary Henry M. Paulson, lr. <br>at the Meeting of the U.S.-China St... Page 1 of 2 December 12, 2007 hp727 Opening Statement by Secretary Henry M. Paulson, Jr. at the Meeting of the U.S.-China Strategic Economic Dialogue Good morning. It is a distinct pleasure to Jointly convene this third meeting of the U.S.-Cllina Strategic Economic Dialogue. Thank you, to all of my colleagues for attending and to Vice Premier Wu Yi and the distillguished Chinese delegation for hosting this important meeting. In recognition of the importance and complexity of the U.S.-China economic relationship, a year ago September PreSident Bush and President Hu created the SED Their intent was not to replace the many economic dialogues already taking place. Rather, they envisioned an over-arching, senior level forum that IS long term. comprehensive and strategic: one that would proVide a positive forum to deal witll common objectives, including immediate and senSitive economic issues as they arise. We have spent the year Since our inaugural meeting last December putting speCifics to that vision. Now, at our third meeting. and after continuous on-going discussions in the interim, we see some areas of progress. We have built stronger relationships and established new, constructive channels of communication. Our focused engagement has produced agreements we may not otherwise have reached. And I am confident we can accomplish more I hope our meetings here develop further confidence among US. and Chinese leaders for continuing, candid discussions. Our goals should be to Increase our understanding, expand our cooperation and broaden our partnership. As we Sit down to our work over these next two days, I will highlight two features of our economic ties: first, our deepening interdependence and, second, the rise of economic nationalism and protectionism in both our countries. U.S. - China Economic Interdependence There is hardly an issue - from trade, to product safety, to climate change - where American and Chinese economic Interests do not overlap. The U.S.-China relationship has become central to each nation's interest and to maintaining a stable, secure and prosperous global economic system. As our economic lies Increase, Chinese and American citizens must Ilave confidence in tile goods they buy and another example of our growing interdependence is the challenge of ensuring food and product safety. We Signed Agreements this week to bolster our cooperation on this critical issue: this IS another critical step in what will be an on-going effort. The United States welcomes the rise of a stable and prosperous China. Cillna's leaders' have VOiced concerns about China's macroeconomic stability, In particular mounting inflation, growing asset bubbles and pOSSible overheating A more fleXible exchange rate policy is especially important to China now, given these risks. The pace of RMB appreciation remaJils one of the key levers to deal With China's internal and external imbalances The U.S economy also faces challellges from our hOUSing market and In our capital markets as risk is being reassessed and repnced. As we work through thiS period. deep and liquid US capital markets are playing a Vital role In maintaining stability, Just as they have in providing the financing which allowed 69 percent of US families to own homes. Similarly, China needs to further open its financial sector. to http://ww w.treas.gov/presslreleases/hp727.h tm 113/2008 lp727: Opening Statement by Secretary Henry M. Paulson, lr. <br>at the Meeting of the U.S.-China St... Page 2 of2 develop capital markets that can provide access to the capital it needs for continued inclusive economic growth The United States and China also share the responsibility of ensuring secure and clean energy supplies, and protecting the enVIronment. My perspective is not that of an official of a rich, developed nation, but one borne out by economic truths and past American experiences balanCing these priorities A healthy environment and a strong economy are not mutually exclusive; they are mutually necessary On the Rise of Economic Nationalism and Protectionist Sentiments Whereas trade was once largely a source of stability in U.S.-China relations, It has recently become a source of tension. and not only because of safety concerns. Worrres about H1e effects of forelgl1 competition - through trade or through fOI'eign investment - have led to a rise in economic nationalism and protectionist sentiments in both our nations. Neither China nor the United States can protect our way to further prosperity We must resist attempts to reduce transparency or increase regulatory obstacles In order to protect domestic Industries. Taking short-term, politically expedient actions Will almost certarnly impede our log-term prosperity and ability to address long-term strategic issues. The United States has shown support and taken action to advance China's global economic interests, such as greater Chinese roles in the IMF and the World Bank and supporting China's membership in the IADB and Financial Action Task Force The US. Federal Reserve recently the branch application of Chrna Merchant's Bank. and soon that bank will open a branch In the United States. The Bush Administration also has consistently opposed protectionist legislation directed at China. A US economy which is open to foreign investment and trade and welcomes competition has always been in our nation's best interest. But many people in the US are not sure that this continues to be true or that the benefits of trade are being shared fairly. Our arguments will be more effective as we fight to maintain our openness if the American people see China continuing to open its markets. A Positive Vision for U.S.-China Economic Relations Through the SED we remain focused on the most Important 10llg-term strategic Issues. while addreSSing the most urgent short term problems. My focus is keeping our economic relationship on an even keel, through times of tension and times of calm. The success of the SED will ultimately be Judged by whether or not we have demonstrated progress. Again, thank you to our hosts and I look forward to working with you towards to achieve our shared objectives. tp:llwww.treas.gov/press/releases/hp727.htm 1/3/2008 lp-728: Remarks by Under Secretary Robert K. Steel<br>to the NYC Subprime Lending and Foreclos... Page 1 of 3 December 12. 2007 hp-728 Remarks by Under Secretary Robert K. Steel to the NYC Subprime Lending and Foreclosure Summit New York, NY--Thank you, Scott. for your kind introduction. And let me also thank the Office of Thrift Supervision, the Office of the Comptroller of tile Currency. the Federal DepOSit Insurance Corporation. the Federal Reserve Bank of New York. and the City of New York for hostlllg this important summit. Today's event has brought together some of the best millds In houslllg, finance, government, regulatory and academic research institutions to discuss the importance of housing, here in New York City and throughout the nation. I am optimistic that we will all agree on the significance of these Issues and learn from each other about ways to address current challenges The Success of America's Housing System The housing system in the United States IS respected around the world. And our housing fillance structure IS a marvel III ItS Size, scope, and effiCiency. The strong American tradition of private ownership did not happen by aCCident; Instead it has been fostered over many many years. As a society, we In thiS country have long felt that homeownershlp has many underlying benefits. For example. the late Edward Gramlich points out In his book that homeowners tend to save more, invest more in their children, and build more wealth than their neighbors In rental hOUSing. At the center of America's success in hOUSing is our modern day houslllg finance system. which has produced high quality homes for millions of Americans and over time increased the homeownership rate to Its current level of 68 percent. One of the many recent benefits of our housing finance system has been the extension of credit to borrowers Without a long credit history or perfect credit scores. Today. families With lower scores on the FICO scale - the most commonly used method of determining credit scores - can access mortgage credit at IIlterest rates a few percentage pOints higher than the prime interest rate The market for these borrowers has risen dramatically In recent years. In 1994. subpnme mortgage originations were only $35 billion. Today, the subprime mortgage market IS about $1 trillion. Although today the term subprime evokes some uncomfortable feelings, we should pause for a moment and recognize that the increased use of subpmne products over the last thirteen years resulted in millions of new mortgages For example. one industry source estimates that there are currently about 6 million total subprime mortgages In 2000, there were less than a million. As a result of this financialillnovation, together With the overall strength of ttle U.S economy, the homeownershlp rate reached hlstonc levels dunng the past thirteen year period And the homeownershlp rate among minOrities Increased to new highs For Instance, the homeownership rate for African Americans rose from 42 percent to 49 percent, and the rate for Hispanic Americans rose from 45 to 50 percent Also dUring thiS period, the percentage of successful homeowners reached extremely high levels. Just two years ago, the foreclosure rate stood at less tllan 1 percent (0.97 percent) and the delinquency rate was only 4.44 percent - that is. almost 95 percent of American homeowners were successfully staYIllQ In their homes and paying their mortgage on time. It is worth pOinting out however. that even during periods of historically strong housing markets. not all homeowners were successful. Even in strong housing years, some borrowers who over-extend themselves or experience a change In life circumstance find they can no longer http://www.treas.gov/press/releases/hp728.htm 1/3/2008 Ip-728: Remarks by Under Secretary Robert K. Steel<br>to the NYC Subprime Lending and Foreclos... Page 2 of 3 afford their home. In fact. between 2001 and 2005 the rate of foreclosures started averaged approximately 1.7 percent a year, meaning more than 650,000 homeowners began the foreclosure process each year. Current Challenges Foreclosures - like unemployment - are an unfortunate reality given the dynamism of our economy today. Recently, lax underwriting standards and resetting adjustable rate mortgages combined with falling house prices are causing the foreclosure rate to rise above its longer-term average. When foreclosures rise, and are concentrated in particular neighborhoods, they begin to have an even greater negative Impact. Concentrated foreclosures drive down property values and undermine the financial stability of families, communities and ultimately our economy An estimated 1.8 million owner-occupied subprime mortgages are scheduled to reset In 2008 and 2009. Not all will end in foreclosure Some homeowners Will be able to afford their new payments without trouble and many otilers Will qualify for a refinanced, fixed-rate mortgage. Other homeowners, however. have stretched beyond their means or have made speculative bets on the houslllg market. bUYing up multiple Ilouses or condos expecting to make a profit Unfortunately, for many of these borrowers, foreclosure is Inevitable. A third group of homeowners facing resets fall somewhere in the middle. Our ambition IS to identify the group of homeowners who, with a bit of assistance and flexibility, can find affordable solutions and stay In their homes. Our Approach Whenever faCing a challenging public poliCY issue, the first step IS full understanding. Throughout the spring and summer months, as we watched challenges in the housing and mortgages markets unfold, we embarked on a comprehenSive campaign of understanding and evaluation. We spoke With leading experts, counselors and markets partiCipants to learn as much as we could about the size and scale of the problem and the scope of potential poliCY responses. We are, of course, continuing to learn and always seeking new perspectives but thiS period of initial conversation helped shaped our early conclusions. On August 31 st, PreSident Bush announced an aggressive, comprehensive plan to prevent avoidable foreclosures and help as many homeowners as possible stay In their primary residences. The Departments of Housing and Urban Development and Treasury have been working closely with leading serVlcers, mortgage counselors, lenders, and investors to help people stay in their homes. In October. a large group of servicers, counselors. lenders and Investors came together and announced the formation of an alliance called Hope Now. To date. the Hope Now Alliance consists of four counseling organizations, 21 mortgage servlcers and lenders (comprising 65 percent of the US. market for mortgage serviCing and almost 85 percent of the subprime serVicing market). tilree investor groups (Including the American SeCUritization Forum. which represents over 370 members), and 10 trade associations. The initial task was to set up a method of identifying and reaching struggling borrowers. This Infrastructure was established through outreach letters, an expanded toll-free hotllne and counselors who are on call to help struggling homeowners. The next phase. announced Just last week by the President. Includes a complementary private sector agreement to streamline the process for modifying and refinanCing subprime mortgages for eligible homeowners These new Industry gUidelines, issued by the American Securitization Forum. Will create an efficient process for IdentifYing borrowers who qualify for a loan modification or refinanCing This, In turn, will free up resources and allow mortgage servicers to focus on those borrowers who require more in-depth analysiS. It will also expedite the evaluation process, a critical necessity given the approaching wave of resets in the coming 18 months. http://www.treas.go v /press/releases/hp728.htm 113/2008 Ip-728: Remarks by Under Secretary Robert K. Steel<br>to the NYC Subprime Lending and Foreclos... Page 3 of 3 Going Forward: Implementation and Measurement Under this new agreement, the servicers estimate that up to 1.2 million subpnme, adjustable rate mortgage holders may be eligible for a fast-track refinance or loan modification. We are committed to tracking and measuring the success of this program as It is Illlplemented. Today, the industry does not have a thorough. standardized set of metrlcs with which to evaluate sel-vlcers' loss-mitigation performance. evaluate counselors' effectiveness, or determine the precise number of modifications and refrnancings being made. The Hope Now Alliance IS developing standard measures whicl, will allow us to Identify categories of borrowers who can be helped. determine successful treatments. and measure the rate of successful outcomes. This agreeillent has developed over time and will likely continue to evolve In the future. Implementation wrll not be easy but we will closely monitor it and as Secretary Paulson has said "do our best to address Issues as they arise." Conclusion The efforts announced last week are part of a larger Initiative to help distressed homeownel·s. We have also asked Congress to do their part In August, President Bush requested that Congress temporarily eliminate taxes on mortgage debt forgiven on a primary residence, pass Federal HOUSing Administration (FHA) modernization to make affordable FHA loans more widely available, enact comprehensive reform of government sponsored enterprises, and move appropriations bills to the President's desk that include additional funding for mortgage counselors. There are significant social and economic Implications of addressing the challenges we are facing in the mortgage markets. Although there is no perfect solution, we believe our efforts will help encourage stability in household wealth and home prices. as well as the broader financial markets and the US economy. Thank you. I will now be pleased to take questions. http://www.treas.goY/wess/releases/hp728.htIll 113/2008 IP-729: Treasury Designates Financial Empire of Key Mexican <br>Money Launderer <br>Blanca M... Page 1 of 2 10 view or pnnr tile /-'Ur COil tent 011 tlJiS page. (IOWIl/Odil tllC rree December 12, 2007 HP-729 Treasury Designates Financial Empire of Key Mexican Money Launderer Blanca Margarita Cazares Salazar Washington, D.C.--The US Department of the Treasury's Office of Foreign Assets Control (OFAC) today designated MeXican money launderer Blanca Margarita Cazares Salazar (Blanca Cazares) and 19 companies and 22 individuals in MeXICO that are part of her financial network as specially deSignated narcotics traffickers subject to economic sanctions pursuant to the Foreign Narcotics Kingpin Designation Act "Today's action exposes Blanca Cazares' sophisticated money laundering apparatus and subjects it to powerful economic sanctions," said OFAC Director Adam J. Szubin "ThiS Kingpin Act designation also puts the global community on notice about the illicit activities of thiS network." Blanca Cazares and her widespread money laundering organization act as fronts for MeXican drug kingpins Ismael Zambada Garcia (Mayo Zambada) and Victor Emilio Cazares Salazar, leaders of Mexico's Sinaloa Cartel. Blanca Cazares, also known as Blanca Cazares Gastelum, is the sister of Mexican drug kingplll Victor Emilio Cazares Salazar. The President identified Ismael Zambada Garcia and Victor Emilio Cazares Salazar in 2002 and 2007, respecllvely, as Significant foreign narcotics traffickers pursuant to the Kingpin Act. Blanca Cazares' money laundering organization operates throughout Mexico and in California, and IS run by member's of her immediate and extended family. Arturo Meza Gaspar, Blanca Cazares' spouse, and their three adult children, Arturo, Gipsy, and Lizbeth Meza Cazares, were deSignated today because of their key roles In the ownership and control of Blanca Cazares' front companies and assets In Mexico. Other key financial associates of Blanca Cazares designated today include Jorge Normando Patraca Ponce, Roberto Perez Verduzco, Maria Trburcla Cazarez Perez, Epifanlo Zazueta Urrea, and Marco Antonio Olivas Ojeda. Blanca Armida AgUirre Sanchez, a Tijuana, Baja California-based money launderer who works wrth Blanca Cazares, was also named by OFAC. Blanca Cazares owns and controls a complex network of bUSinesses located throughout Mexico In Culiacan, Sinaloa; Guadalajara, Jalisco; TIjuana, Baja California; and MeXICO City, Distrito Federal. The OFAC designation targets key Blanca Cazares front companies based in Culiacan, Sinaloa, including Conso(cro Innlobrlrario del Valle de CuJiacan SA de C V., SEPRIV SA (Ie C V, Cazper Importaciones S.A. de C V, and Patraca S.A de C V (aka Bout/que Patraca) Also targeted are three Tijuana-based money service businesses Including Mexglobo S A. de C V.. Multiselvlc/oS AGSA SA de C V, and AGBAS Consu/lores S.A (Ie C V, all owned or controlled by Blanca Cazares associate Blanca Armida Aguirre Sanchez. Today's action also targeted Toys Factory S.A de C V and Hacien(ia Glen AIJOS de Tijuana S de R.L. de C V, a popular restaurant. Both entities are located In Tijuana, Baja California. In addition, the OFAC action exposes CHIKA'S, a cham of approximately 20 jewelry and cosmetics boutiques located in eight Mexican states, which ale operated by Sin-Mex Importadora S.A. de C V in MeXICO City and ComercraJizadora Jalsin SA de C. V in Guadalajara, Jalisco. ThiS particular network of Blanca Cazares front companies also uses the entities Comerc/alrzadora ToqUln, ComerCial Joana. lttp:llwww.treas.goy/press/releases/hp729.htm 113/2008 HP-729: Treasury Designates Financial Empire of Key Mexican <br>Money Launderer <br>Blanca M... Page 2 of2 Comercial Dornely and Comercializadora Brimar's to facilitate the stores' transactions both internationally and within Mexico. Ismael Zambada Garcia is a US. fugitive and the State Department has offered a $5 million dollar reward for information leading to his arrest. In January 2003, the US District Court for the District of Columbia returned a federal indictment agalllst Ismael Zambada Garcia for his narcotics trafficking activities. Victor Emilio Cazares Salazar IS also a U.S. fugitive and is the subject of a February 2007 federal Indictment for drug trafficking and money laundering in the Soutllern District of California. This action IS part of ongoing efforts under the Foreign Narcotics Kingpin Designation Act to apply financial measures against significant foreign narcotics traffickel·s worldwide. More than 300 businesses and indiViduals assOCiated with the 68 drug kingpins have been deSignated pursuant to the Kingpin Act since June 2000. Today's designation would not have been possible without key support from Department of Homeland Security's Immigration and Customs Enforcement (ICE) field offices In Los Angeles and San Diego; the Drug Enforcement Administration (DEA) field office in San Diego; the ICE Attache Mexico City: DEA's Special Operations DiviSion; DEA's Financial Operations Division; and the US Attorney's Office. Central District of California. Today's deSignation action freezes any assets the 42 designees may have under U.S. Jurisdiction and prohibits US persons from conducting financial or commerCial transactions with these individuals and entitles. Penalties for violations of the Kingpin Act range from Civil penalties of up to $1,075,000 per violation to more severe cr-imlnal penalties. Criminal penalties for corporate officers may Include up to 30 years in prison and fines of up to $5,000,000. Criminal fines for corporations may reach $10,000,000. Other Individuals face up to 10 years In prison for criminal violations of the Kingpin Act. For a complete list of the indiViduals and entities designated today. please visit. REPORTS http://www.treas.gov/press/releases/hp729.htm 1/3/200 Foreign Narcotics Kingpin Designation Act December 2007 Cazares Salazar Financial Network Department of the Treasury Office of Foreign Assets Control I~ All individuals depicted in this chart are Mexican nationals 6 Victor Emilio CAZARES SALAZAR (a.k.a. Victor Emilio CAZARES GASTELLUM) Ismael ZAMBADA GARCIA "EI Mayo Zambada" Previoully de5:ignaled by the Pre.ident IItI Tier I Kingpins Blenca Margarita CAZARES SALAZAR (a.k.a. Chiquls CAZARES SALAZAR) DOB 18 Sop 1954 Alt. DOB 18 Sep 1955 CURP # CASB540918MSLZLLOO R.F.C. #CASBS40918LVI ~.~:-.~ .. Key Financial Associates ~ ~ ....• Arturo MEZA CAZARES 0086 Mar 1976 R.F.C. II MECAJfiOl06V70 Arturo MEZA GASPAR 008 4Juf 1946 R.F.C. # MEGM60704 f]~liJ Uzbeth MEZA CAZARES DOB S Jan 1981 R.f.C. # MECl810115 larve Normando PAmACA PONCE Roberto PEREZ VERDUZOO 00823 Apr 1974 00829 Oct 1963 R.F.C. "PAPJ740423D88 • (?) /,\ PAlRACAS.A. DE C.V. SEPRIV S..A. DE C.Y. (0.1<.0. BOUTIQUE PATRACA) R.F.c.. # SEP980319CS68 :.P~J ~~ SIN-MEX IMPORTAOORA SA DE C.V. OOMERCIAUZAOORA JAL5IN SA. DE C.V. (d.b .... OIlKA'S ACCESORWS Y COSMETICOS) (a.k.a. COMERClAlIZADORA lAl2Dt, S.A. DE C.V.) (d.b••• CHIKA'S) (d.b ••• OilKA'S ACCESORIDS Y COSMET1COS) (d.b.a. IMPORTCLUB) (d. b .•. CHII(A'S) Guadalajara, laUsCJJ, Mexico R.F.C•• CJA980901J13 R..F.c •• SMI010730DH8 \ ~ SISTEMA DE RADIO De SINALOA s.A. DE C.V. R.F.C. # SRS9903153C5 ~~ CDNSORaO INMOBILlARIO DEL VAlLE DE CULlACAN S.A. DE C.V. R.F.C. # ClV01061GGMA ___ I~~q CAZPER IMpCRTACIONES S.A. DEC.V. R..F.C. "CIM040429UH4 CHIKA'S .:,'" ~ DOB 1 Aug 1947 R.F.C "ZAUE4708010K6 M.""008 14June 1960 R..F.C # OIOM600614YA.5 . Mana nburda CAZAREZ PEREZ 008 14 Od 1961 aJRP # CAP'T621014MSUR800 frijuene, Baja California Network /~ DlstrttD Federal, MexICo R.F.C. • PAT040318Gf7 d Blanca ArmIda AGUlRRE SANCHEZ DOB 7 Mar 1958 R.F.C. II AUS8580307CR4 HIKA'S Hetwo", Culiecen, Sinaloa Network I A..F.C. II PEVR63102920B .E} ~-,..- / 1t(('l7/~ R.F.C. " MAG94112.3BYA A R.F,C. " AC0040630893 9tl COMERelALIZADORA BRIMAR'S SA. DE C.V. O.tIIICln, Slnaloa, Mexlm R..F.C. # CBS9710303N4 COMERClAL JOANA SA. DE C.V. GuadalaJara, Jallsco, Meldoo R.F.C. # CJOO10202HQH A ~~~ COMERClAl DOMELYSA. DE C.V. CUUacan,SIMlo.a. MmO) R.F.c. "Coool0522917 MULTISERVICIOS AGSA S.A. DE C. V. AGBAS CONSUlTORES SA DEC.V. (d.b .•. AGBA CONSULTORES CASA DE CAMBIO) DIS"trtbuto~ ~ ';~~ A MEXGLOBO S.A. DE c.y, R.F.C. II MEX9gog034VO COMERCIALIZAOORA TOQUIN SA. DE C.V. GYadal»Jar'l, Jails-CO, Ne>dQ) R.F.C•• CTOO10731CH9 ~ /~ TOYS FACTORY S.A.. DE C.V. R.F.C. # TfA021112AR9 o If II HAClENDAClEN ANOS DETDUANAS. DE R.L DE (a.k.a. COClNA ANTIGUA S. DE R.l. DE c.v.) R.F.C. # HTI010102GR7 ~~ OPERAOORA INTeGRAL DE CDMERCIO SA. DE C.V. R.F.c. # OIC04Q925S.A9 TEOiOlOGIA DIGiTAl Y SERVIClDS S.A. DE R.F.C .• TDS011031UD6 c.y. ~I ill COCINADE TDUANAS. DE R.L DEC.Y. R.F.C. # CllOS0414A55 c.v. hp-730: Secretary Henry M. Paulson, Jr.<br>Closing Statement<br>Meeting of the US-China Strategic... Page 1 of December 13, 2007 hp-730 Secretary Henry M. Paulson, Jr. Closing Statement Meeting of the US-China Strategic Economic Dialogue Thank you Vice Prelllier Wu Yi and the Chinese Delegation for your hospitality In hosting this tlwd meeting of our Strategic EconomiC Dialogue. These have been instructive and constructive discussions. On behalf of my colleagues, we thank our retiring colleague, Madame Wu, who has been an extraordinary I'epresentatlve for the Chinese people. We have had substantive, I'obust and engaging exchanges on a range of issues important to both our nations including the Integrity of trade, balanced growth Including financial services, energy security and environmental sustainability, and bilateral investment. The quality of our discussions has Improved over the last year, as we have all come to know one another better. By building closer relationships we have clarified perceptions and Increased understanding, WhlCll is vital to keeping our economic relationship on an even keel. I am particularly pleased that the SED provided a strong foundation from which to manage the emerging challenges in the area of food and product safety. The signing of agreements thiS week, and other agreements this fall, is an example of the SED's effectiveness In addreSSing immediate concerns, while advanCing longterm shared interests The progress we have made In recent months on tilis Issue serves as a model for cooperation in the SED on all areas of our dialogue. Both the United States and China are major contributors to global growth As such, we each benefit from the other's success. We discussed the importance of balanced growth in both our nations, and the role of competitive markets in spreading the benefits of growth to all our people. We also both recognize the need to fight economic nationalism and protectionism In our two nations. Countries cannot protect their way to prosperity. China and the US recognize that working together we can each be more effective In achieving energy efficiency, energy security and a cleaner environment. Toward that end, we agreed to conduct extensive cooperation over a 1O-year perrod to focus on technological innovation, adoption of clean technology and sustainable natural resources. I am pleased With the great strrdes we have made In the last 12 months, and there is much more to do. The SED has proven to be an effective forum for progress, and I look forward to continuing progress in managing our economic relationship for the benefit of both our nations. http://www.treas.gov/press/releases/hp730.htm 113/2008 hp-731: Statement by Secretary Henry M. Paulson, lr. <br> at U.S. Delegation Press Conference at Clo... Page 1 of December 13, 2007 hp-731 Statement by Secretary Henry M. Paulson, Jr. at U.S. Delegation Press Conference at Closing of Strategic Economic Dialogue Thank you to my Cabinet colleagues for your substantive engagement In this SED meeting. Active participation from everyone here - as well as additional colleagues back In Washington - enabled us to make substantial progress In our economic relationship With China. As I said earlier, to me the handling of the food and product safety Issues emerging In recent months IS pl'Oof of the effectiveness of the SED. Rather than recriminations and fillgerpointing when thiS issue arose, both our nations were QUick to sit down together and work the substance of the issues. We are able to do that because In this first year of our Dialogue we have deepened relationships and understanding across our governments. Mike Leavitt's work on this issue IS a model for addreSSing all the Issues within our economic dialogue. Let me note a few other highlights of our meeting, before we turn to Questions. First, we agreed to put a working group together to develop a 1O-year plan for review at our next meeting on cooperation on energy and the environment. The issues of energy security and envil'Onmental sustainability are vitally Important to both our countries. I find It an exciting prospect that we will set out a long-term and strategic plan for working together toward progress In these areas. I also am very pleased that we are beginning a strategic effort to work together to combat illegal logging. This is a long-term challenge, and I am encouraged by this significant first step We had very healthy diSCUSSions about China's progress rebalancing ItS economy, expanding domestic consumption and moving away from export led growth. The Chlllese recognize growing inflationary pressures in their economy and that a more fleXible currency expands their ability to use monetary policy to stabilize their economy. I would also note we have made modest progress in the financial services area, expanding opportunities for global financial services companies to do business In China Openlllg China's financial markets to foreign competition strengthens the finanCial backbone of the Chinese economy, and IS critical to China's goals of spreading the benefits of growth to all the Chinese people. While we hold these formal meetlllgs twice a year, the work of the SED proceeds all year long. We will host the next formal meeting in Washington next spring In the meantime, I am confident we will be working closely together to Implement our strategic plans and announce results as they occur. -30- http://www.treas.~ov/press/releases/hp731.htm 1/3/2008 hp-732: The Third U.S. - China Strategic Economic Dialogue <br> December 12 - 13,2007, Beijing <... Page 1 of December 13, 2007 hp-732 The Third U.S. - China Strategic Economic Dialogue December 12 - 13, 2007, Beijing Joint Fact Sheet At Grand Epoch City near Beijing on December 12 and 13, the United States ami China held the third Strategic Economic Dialogue (SED). As special representatives of President George W Bush and President Hu Jintao, Treasury Secretary Henry M. Pauslon, Jr. and Vice Premier Wu Yi served as co-chairs of the SED. Discussions at the third SED led to a number of results that strengthen and deepen the bilateral economiC relationship. including • In product quality and food safety, the United States and China committed to expand their dialogue and Information-sharing to enhance the infrastructure of laws. policies. programs and Incentives that allow for effective government oversight of exports of food, drugs, medical products, and consumer goods. To this end, the two countries signed memorandums in eight areas intended to improve the safety of exports. These Included o Food and feed: Memorandum of agreement between the U.S Department of Health and Hurnan Services (HHS) and China's General Administration of Ouality SupervIsion, Inspectloll. and Ouarantlne (AOSIO), signed on December 11. 2007; o Drugs and medical products Agreement between the US Department of Health and Human Services (HHS) and China's State Food and Drug Administration (SFDA), Signed on December 11, 2007; o Environmentally compliant exports/imports Memorandum of understanding signed between the U.S EnVironmental Protection Agency (EPA) and China's AOSIO: o Food safety: The U.S Department of Agriculture (USDA) and China's AOSIO agree to upgrade their food safety memorandUIll of cooperation to a ministerial-level: o Alcohol and tobacco products Memorandum of understanding between the US Department of the Treasury and China's AOSIO. signed on December 11, 2007; and, o Additional areas Toys. fireworks, lighters, and electrical products: motor vehicle safety; and pestiCides tolerance and trade. • In financial services, China agrees to announce before SED IV that the China Securities Regulatory Commission (CSRC) will conduct a careful assessment on foreign participation In China's seCUrities firms and Its influence on China's securities market and based on the results of its assessment, Will make a policy recommendation on the Issue of adjusting foreign equity partiCipation in China's seCUrities firms. The China Banking Regulatory Commission (CBRC) IS currently conducting a SCientifiC study of foreign partiCipation In China's banking sector, that will be completed by December 31, 2008. By that time. based on the poliCy assessment's conclUSions. the CBRC Will make poliCy recommendations on foreign equity partiCipation. China agrees to allow. In accordance With relevant prudential regulations, qualified foreign-invested companies, Including banks. to Issue RMB denominated stocks; qualified listed companies to issue RMB denominated corporate bonds: and qualified Incorporated foreign banks to issue RMB denominated financial bonds. The United States and China welcome the recently approved application by Cilina Merchants Bank to establish a branch in the United States. The US government remains committed to apply national treatment to Chinese banks. confirms that applications by Chinese banks will be evaluated consistent With the prinCiple of national treatment, and applies the same prudential standards to all http://www.treas..goYJpress/releases/hp732 htrn 113/2008 hp~732: The Third U.S. - China Strategic Economic Dialogue <br> December 12 - 13,2007, Beijing <... Page 2 of. applications by foreign banks to establish branches or subsidiaries or to acquire stakes in eXisting US banking If)stitutlons The U.S notes China's request that the relevant US regulatms process expeditiously the applications of Chinese banks accmdlng to relevant regulations and procedures. The U.S. government also remains committed to apply national treatment to Cilinese broker-dealers and Investment advisers seeking to I'egister and operate in the United States Chil13 Banking Regulatory Commission (CBRC) and tile US Securities and Exchange CommiSSion (SEC) have agreed in principle that the signing of an eXChange of letters Will be done in the near future on IIlfOrmatlon sharing If) connection with the cross border activity of financial institutions licensed by either the CBRC or SEC. • In energy and the environment, the United States and Chma signed a memorandum of understanding strengthening cooperallon in the area of biomass resources conversion fm fuel, and negotiated a memmandum of understanding to cooperate on combating illegal loggmg and aSSOCiated trade In order to promote sustainable forest management. Chma will develop and implement a nationWide program on S02 emission trading in the power sector, and the US will prOVide technical assistance for this program, as well as for basic water management programs and fm adopting clean fuels and vehicle policies. The United States and China reaffirm our commitment "to reduce, or as appropriate, eliminate tariffs and non-tariff barriers to environmental goods and services" In the WTO. • In transparency, the United States and China agree that transparency In administrative rule-makmg has been Increased and public partlclpallorl has been strengthened They also agree to respect and bUild upon their international obligations on transparency, including their APEC and WTO commitments. Each country will: o When possible, publish in advance any measure covered by its WTO obligations that are proposed fm adoption, and prOVide where applicable Illterested persons a reasonable opportunity to comment on such proposed measures. Each country may comply With this obligation by regularly publishing such proposed measures If) ItS designated offiCial journal or by posting and permanently malntalnmg these measures on an offiCial website: o Publish in ItS deSignated offiCial journal any final measure covered by its WTO obligations before implementation m enforcement. • In rebalanCing growth, both the United States and China commit to communicate on measures to address U.S.-China economic Imbalances through dialogue and consultation, including diSCUSSions under the U.SChina Joint Economic Committee. Both Sides agreed to put great emphasis on opposing trade and Investment protectionism The United States and China welcome efforts both In the US and internationally to assess the challenges created by the recent turbulence in tile U.S sub-prime market and in other global finanCial markets. The two countnes agree to continue communication and mformatlon sllarmg In a timely manner on systemically Significant economic and financial developments FinanCial supel'visory agencies In both countnes agree to continue eXChanges on supervisory measures. On December 13 and 14,2007, Chinese Customs and U.S Customs and Border Protection offiCials will hold technical diSCUSSions to agree on the JOint validation procedure of the Customs- Trade Palinershlp Against Terrorism (C-TPAT) pilot project In China, which is expected to begm in early January 2008, with joint validations led by China Customs and technical mput prOVided by US Customs and Border Protection • In Innovation, the United States and China co-hosted an Innovation Conference on December 10, 2007 in Beijing. Both sides discussed tile factors contributing to a successful ecosystem for Iflnovatlon, the approprrate roles of the public and private sectors In fosterlflg Innovation, and how to encourage the creation, protection and dissemination of Intellectual assets. The two sides agreed to sustain dialogue, jOllltly host public-private innovation discussions, and other cooperation as outlined In the SED III Innovation Conference Outcomes document. http://www.treas..gov!press/releases/hp732. htm 113/2008 hp-732: The Third U.S. - China Strategic Economic Dialogue <br> December 12 - 13,2007, Beijing <... Page 3 of BOtl1 sides decided to prioritize work during the next SIX months The two countries will: • • • • • Further Intensify dialogue and exchanges in the areas of product and consumer safety. including food, feed, and drug and medical products, through new and existing bilateral cooperation mecllanlsms. Conduct extensive cooperation over a ten-year period that will address energy and tile environment. This ten yeal collaboration will advance technological innovation, adoption of Ilighly-efflclent, clean energy technology and tecllnology In adclresslng climate change, and promote tile sustainabillty of natural resources. We will establish a working group In order to start planning as soon as possible Meet early next year and work together to JOintly promote tile negotiation in the WTO on the reduction or, as appropriate, the elimination of tariffs and non-tariff barriers to environmental goods and services to achieve results as soon as pOSSible, recognizing the urgency of environmental challenges. Expand cooperation on development of a detailed plan to gradually reduce the sulfur content in fuels to 50 ppm or lower and Introduce corresponding advanced vehicle pollution control technology, for Incorporation Into China's 12th Five Year Plan. Strengthen cooperation on construction and management of strategic oil stocks through the exchanges of information and technologies, as well as training, Including cooperation With the International Energy Agency. Begin a high-level exchange of investment policies, practices, and climates IntenSify ongoing discussions regarding the prospects for negotiating a Bilateral Investment Treaty Contillue consultations in a cooperative manner on China achieving market economy status. Continue cooperation through tile JCCT High Technology and Strategic Trade Working Group by POSitively implementing "Guidelines for U.S.-China High Technology and Strategic Trade Development" and taking appropriate constructive measures and working out an action plan to expand and facilitate bilateral high-tech and strategic trade. Relevant departments of the two sides Ilave agreed to meet or hold a digital video conference (DVC) In the field of rules of origin Explore the scope of respec\lve International obligations on transparency. Continue to exchange information on reViewing and responding to comments received dUring the rulemaklng process. Establish a communication mechanism to eXChange Information regularly on the conditions, procedures and timeframes for granting admillistrative licenses in areas of the Chinese market of Interest to the United States and areas of the US market to China. The fourth SED will be held In Washington In June 2008. http://www.treas.gov/press/releases/hp732. htm 113/2008 hp~733: U.S. Fact Sheet: <br> The Third Cabinet-Level Meeting of the U.S.-China Strategic Economic... Page 1 of ~ December 13, 2007 hp-733 U.S, Fact Sheet: The Third Cabinet-Level Meeting of the U,S,-China Strategic Economic Dialogue December 13, 2007, Beijing The United States and China today concluded the ttllrd Cabinet-level meeting of the Strategic Economic Dialogue (SED) President George W Bush and President Hu Jilltao established the SED to create a Cabinet-level forum to articulate 10llg-term objectives while managing short-term challenges In our economic relationship DUring the meeting held December 12 and 13, 2007 at Grand Epoch City near BeiJing, 6 U.S. Cabinet officials and agency heads jOined Secretary Paulson for discllssions With China's Vice Premier Wu YI and a delegation of 14 Chinese millisters and agency heads. The SED is a mechanism for managing the US.-China economic I'elationship on a strategic basis. Stable and prosperous bilateral economic relations are IIlcreasingly Important to both countries. At the meeting this week, leaders from both countries discussed the following topics Integrity of trade and product safety: balanced economic development, Includlllg financial sector reform, enel'gy effiCiency and security: environmental sustamabillty, arld bilateral Investment. Integrity of Trade and Product Safety The United States is one of the most open economies in the world, and American consumers benefit from this openness through access to a wide variety of products from around the world. Americans have every expectation these products are safe, and the United States continues to take steps With all trading partners to maintain that confidence in the safety and quality of these products. China IS an important trading partner for the United States, and both countries have a continuing dialogue to strengthen the Integrity of their trade relationship. ThiS has resulted in agreements thiS week by China to meet the strict requirements the United States has In place to protect consumers and ensure the safety and quality of products sold In the marketplace. • Food and Feed Safety As a result of a Memorandum of Agreement between the U.S Department of Health and Human Services (HHS) and China's General Administration of Quality Supervision, Inspection and Quarantine (AQSIQ), Cilina will strengthen requirements for registering and regulating companies that export food and feed products to the United States. This step will help prevent adulterated and substandard food and feed products from being transported between China and the United States. Additionally, China will begin to certify products that meet the requirements of HHS. To continuously ensure and monitor the safety of food and feed coming from China, the United States will establish processes to audit Chillese procedures for registration and certification of exporting companies. o The U.S. Department of Agriculture (USDA) IS finalizing a separate agreement With China's AQSIQ to allow both countries to facilitate trade related to meat, poultry and egg products. • Drugs and Medical Products HHS and China's State Food and Drug Admillistration (SFDA) have agreed to expand cooperation In tile areas of the safety of drugs and medical deVices. These steps will allow China to further combat pharmaceutical counterfeits, and strengthen the quality and safety of finished drugs, active pharmaceutical ingredients and exported to the United States. attp:llwww.treas.gov/press/releases/hp733.htm 11312008 hp-733: U.S. Fact Sheet: <br> The Third Cabinet-Level Meeting of the U.S.-China Strategic Economic... Page 2 of 5 • Environmentally Compliant Imports and Exports The EnVIronmental Protection Agency and China's AQSIQ have signed a Memorandum of Agreement to strengthen cooperation on sound enVironmelltal management practices related to imports and exports • Alcohol and Tobacco Products: The United States and China have signed a Memorandum of Undel-standing to expand collaboralion and cooperation for the excllange of Information on regulatory standards for alcohol and tobacco products, to improve the safety of Imports and exports between the two countries • Consumer Products Additionally, since September 2007, tile United States and Chilla have signed three separate agreements and work plans that strengthen cooperation With the goal of increaslllg the safety of consumer products. These agreements and work plans cover toys, fireworks, lighters. and electrical products: motor-vehicle safety: and pesticides The agreements, in total, demonstratR the United States' contilluing commitment to ensuring the safety of the American consumers and the integrity of products in the American marketplace Financial Sector Reform New Commitments at the Third Cabtnet-Ievel SED • Foreign Issuance of RMB Stocks and Bonds: China has agreed to allow foreign companies doing business In China, Including banks, to issue RMBdenomillated stocks and bonds. ThiS Will provide US companies With new opportunities to finance and expand their sales in China • Limits on Foreign Investment By the end of next year, China agreed to complete a study With recommendations on policies governing foreign equity partiCipation in the banking sector. China also agreed to complete a study With recommendations on adjusting the extent of foreign equity participation in the securities sector This will pave the way for greater business opportunities In China's growing financial sector for US. companies. • Bank Administered Mutual Funds: Chinese and U.S. regulators have agreed to an exchange of letters allowing mutual funds administered by Chinese banks to invest III the US stock market. This will create new business opportunities for U.S money managers and new finanCing opportunities for U.S. compailies. Implementation of PrevIous SED Comlmtmellts • Securities: China announced they will resume licenSing of new JOint-venture securities companies. In addition, China has also announced that It will allow foreign securrties firms to expand their operations in China to Illclude brokerage, proprietary trading and fund management. This will cleate new opportunities for US firms in a variety of securities bUSinesses. Several foreign firms, includlllg some U.S. firms are in advanced stages of establishing new JOint ventures. • Qualified Foreign Institutional Investors China has raised the quota for Oualified Foreign Institutional Investors, which allow foreign mutual funds to invest in China's domestic stock market, from $10 billion to $30 billion, creating new opportunities for U.S. mutual funds and money managers Exchange Rate Policy • RMB Appreciation: The RMB has appreciated 12.2% since July 2005, and in the past year the annual pace of appreciation has accelerated from 3.4% in 2006 to 6,1% in 2007 year to date. Energy Efficiency and Security and Climate Change attp://www.treas.gov/press/releases/hp733.htm 1/3/2008 hp-733: U.S. Fact Sheet: <br> The Third Cabinet-Level Meeting of the U.S.-China Strategic Economic... Page 3 of 5 Building on the themes of the Major Econolllies Meetmg hosted by President Bush in September, which stressed energy secunty and climate change, the United States and China agreed to conduct extensive cooperation over a ten-year period to address the challenges of environmental sustalnabllity, climate change alld energy security. This ten year collaboration Will advance technological innovation, further the adoption of highly-efficient, clean energy technology, promote the development of technology to address climate change, and promote the sustainability of natural resources We will establish a workmg group In order to start planning as soon as possible Both sides agreed to take additional steps to promote energy effiCiency and security and address climate change • Low Sulfur Fuels. The United States and Chma agreed to expand cooperation on development of a detailed plan to gradually reduce the sulfur content III fuels to 50 PPM or lower and to Introduce correspondlllg advanced vehicle pollution control technology, for Incorporation Into Chllla's 12th Five-Year Plan Sulfur dioxide IS one of the contributors to aCid ram, and adopting low sulfur fuels will allow Chilla to reduce sulfur dioxide emissions from vehicles while addressing global energy effiCiency and security challenges. • Bloluels The United States and China signed a memorandum of understanding to strengthen cooperation on the development of blofuels, which enhances energy sufficiency and lowers countries' carbon profile • Eliminating Barriers to Trade III EnVIronmental Goods and Services The United States and China reaffirmed their commitment "to reduce, or as appropriate, eliminate tariffs and non-tariff barriers to environmental goods and services" in the WTO. Recognizing the urgency of enVIronmental challenges, both Sides also agreed to meet In early 2008 and to work together to promote the negotiation in the WTO on the reduction or, as appropriate, the elimination of tariffs and non-tariff barriers to enVIronmental goods and services to achieve results as soon as possible. • Cooperation on Strategic Oil Stocks The United States and China agreed to strengthen cooperation on construction and management of strategiC oil stocks, includlllg cooperation With the International Energy Agency (lEA). Coordinated use of strategic petroleum reserves Increases energy security for net oil importlllg countries dUring times of significant supply disruption Environmental Sustainability Protecting the environment and promoting clean energy represent a shared Priority for the United States and China. The two countries are the two largest consumers of natural resources, and recognize that meaningful results reqUire cooperation on a Wide range of sustainable resource and ellVlronment Initiatives. Agreements reached between the two countnes Include • Establishment of a National Emissions Tradlllg Program In China Chilla announced that based on a JOint U.S and China study Initiated at tile first Cabillet-level meeting of the SED, Chilla Will develop and implement a nationWide program on sulfur diOXide emiSSions tradlllg III the power sector Sulfur dioxide emissions frolll power plants contribute to acid ralll and fille particle pollution, and emissions trading is one of the most cost effective methods for reducing these emiSSions. The United States has agreed to provide technical assistance to support the development of the necessary infrastructure and Institutional capacity for the successful Implementation of the program. • Combating Illegal Logging and Associated Trade China and the United States concluded a Memorandum of Understandlllg (MOU) to combat illegal logging and associated trade and to promote sustaillable forest management. The MOU establishes a bilateral forum that Will commence work immediately to share IIlformatlon concerning shipments of timber. enhance law enforcement against Illegal actiVity and encourage partnerships With the private sector to promote sustainable forest lttp:llwww.treas.goy/press/releases/hp733.htm 113/2008 hp-733: U.S. Fact Sheet: <br> The Third Cabinet-Level Meeting of the U.S.-China Strategic Economic... Page 4 of: management The MOU provides the basis for the negotiation of a detailed bilateral agreement on illegal logglllg and associated trade Issues. The MOU between the United States and Chilla IS groundbreaklllg as It is the fllst to address the important issue of Illegal trade in a natural resource SUCll as timber. Illegal logging contributes Significantly to the high I'ates of deforestation currently occurring worldWide. Deforestation not only threatens the health and surVival of forests and the humans and Wildlife ttlat depend on them, It is also estimated to contribute to 20 percent of worldWide greenhouse gas emiSSions • Clean Water: The United States Will provide technical assistance III baSIC water management programs to assist Chilla In the establishment of sound water pollution control and management pracllces, Including pernllttlllg, the development of technology-based effluent standards, monitoring, enforcement, and compliance Bilateral Investment The United States contillues to vigorously promote openness to trade alld investment. Inbound and outbound Investment benefits the United States by stimulating growth, creating jobs, enhancing prosperity, and fostering competitiveness Both the United States and China have a mutual interest in supporting and promoting open Investmerlt and market-based competition, and have agreed to create a high-level exchange on investment that covers investment poliCies, practices and climates. • Progress on a Bilateral Investment Treaty The United States and China jointly agreed to intensify ongoing diSCUSSions regardlllg the prospects of negotiating a Bllatel'al Investment Treaty prOViding meaningful Investor protections The next steps In discussions will continue to focus, In concrete terms, on the potentially most significant differences and expand the focus on other BIT obligations. Transparency Transparency In the rule-making process promotes confidence In government and provides predictability for market partiCipants, thereby facilitating informed economic and business planning deciSions. The United States and China have agreed to have rule-making systems that provide for publiC partiCipation in rulemaking, and to continue cooperating 011 transparency issues, • Admifllstratlve Rulemaklng China and the United States each agreed, when pOSSible, to publish III advance any measure covered by ItS WTO obligations that are proposed for adoption, and provide where applicable interested persons a reasonable opportunity to comment on such proposed measures, Each country may comply with thiS obligation by regularly publishing such proposed measures In its deSignated official journal or by posting and permanently maintaining these measures on an official webSite. They also agreed to publish in its designated official journal any fill a I measure covered by ItS WTO obligations before implementation or enforcement. • Cooperation: China and the United States agreed to diSCUSS the scope of their international obligations on transparency, lIIc1udlng their respective WTO and APEC obligations, before the next Cabinet-level meeting of the SED. They also agreed to continue exchanging Information on administrative rule-making, Including methods for revieWing and responding to public comments, and on the conditions, procedures, and timeframes for granting admifllstratlve licenses In areas of the Chinese market of interest to the United States and areas of the U,S market of intel'est to China. Innovation The U,S. Departments of Commerce and State and the Cilinese Ministry of SCience and Technology, National Development and Reform CommiSSion, and Ministry of Commerce co-hosted an Innovation Conference on December 10, 2007 In Beijing At thiS important meeting, both Sides discussed tile factors contrrbutlng to a Ittp:llwww.treas.gov/press/releases/hp733.htm 11312008 hp-733: U.S. Fact Sheet: <br> The Third Cabinet-Level Meeting of the U.S.-China Strategic Economic... Page 5 of: successful ecosystem for innovation, the appropl'iate roles of the public and private sectors in fostering Innovation, and how to encourage the creation, protection and dissemination of intellectual assets, BOtil sides also reaffirmed the Importance of tile rule of law, market orrented poliCies and competition for Innovation and confirmed the role of a robust Intellectual property protection regime In supporting an Innovation ecosystem. Tile two Sides agreeel to sustain dialogue allel JOintly host public-private innovation discussions ttp:l/ww w .treas.gov/press/releases/hp733.htm 113/2008 HP-734: UPDATE: Secretary Paulson to Visit Florida, Missouri, California to Discuss the Administrati... Page 1 of 2 December 14. 2007 HP-734 UPDATE: Secretary Paulson to Visit Florida. Missouri, California to Discuss the Administration's Efforts to Reduce Foreclosures Secretary Henry M. Paulson. Jr will travel to Orlando. Kansas City. Stockton, Calif. and Los Angeles next week to discuss IIle Admlnlstratlon's efforts to address mortgage market Issues and help families struggling with their' mortgage avolcl foreclosure. Paulson Will meet with local offiCials, community leaders, and representatives frolll local businesses to discuss wllat has been proposed and what can be done to help more people. Last week Paulson JOined PreSident Bush and HUD Secretary Jackson to commend a private sector effol1 to streamline the refinancing and modification process and deliver quicker help to homeowners facing foreclosure (For more information on this announcement go to: ,) He will also participate in an event to hlglllight the Importance of open investment In Los Angeles on Wednesday, The following events are open to the media What DISCUSSion on Housing When Monday December 17, 245 p.m EST Where East Orange Community Center 12050 East Colonial Drive Orlando. Fla. Note Media should arrive by 2:30 p.m. What Discussion on HOUSing When Tuesday, December 18,1000 a.m CST Where Bruce Watkins Cultural Herrtage Center and Museum 3700 Blue Parkway Kansas City. Mo. What Discussion on HOUSing When Tuesday, December 18, 130 pm PST Where Van Buskirk Community Center 734 Houston Avenue Stockton. Calif What Roundtable on Trade When Wednesday, December 19, 930 a m PST Where World Trade Center Investment Room 1 &2 1 World Trade Center Long Beach. Calif. ttp:llwww.treas.gov/press/releases/hp734.htmI/3/2008 HP-735: Paulson Statement on IDA Replenishment Page I of I December 14, 2007 HP-735 Paulson Statement on IDA Replenishment Washington, DC--Treasury Secretary Hemy M. Paulson, Jr. today issued the followlIlg statement on the announcement of the U.S pledge to the International Development Association (IDA) "Today's announcement demonstrates the United States' strong commitment to the poorest countries In the world and to IDA. I'd like to thank World Bank PreSident Robert Zoellick for his leadership and the donor community for their contributions and commitment to fightlllg povelty. Our pledge of $37 billion IS a 30 percent increase and represents the largest three-year Increase since the Carter administration and helps finance President Bush's debt relief initiative for the poorest countries. The IDA 15 replenishment furthers the World Bank's commitment to effective engagement In fragile states and Improving results on the ground I look forward to working with Congress to fund these commitments and I urge them to meet the PreSident's bu(Jget request for paying back our arrears." lttp://www.treas.gov/press/releases/hp735.htm 113/2008 HP-736: Paulson Statement on Signing of Peru Free Trade Agreement Act Page 1 of I December 14. 2007 HP-736 Paulson Statement on Signing of Peru Free Trade Agreement Act Washington, DC-- Treasury Secretary Hemy M Paulson. Jr. today Issued the followlllg statement following the President's signing of H R. 3688. the United States-Peru Trade Promotion Agreement Implementation Act Wltll Peru's President Alan Garcia "Today's signing demonstrates the United States' continued commitment to reduclllg trade barriers and spreading prosperity Irl the Americas. Free trade agreements are a proven way to stimulate U.S exports. create Jobs and usher Irl foreign investment and bOtil of our countries will benefit from thiS Important bipartisan accomplishment US businesses and exporters will gain access to Peru's markets while Peru will continue its economic growth and stability with an expanded trade relationship with the largest market in the world I look forward to working with Congress to secure passage of the other Important pending free trade agreements with Colombia. Panama. and South Korea." http://www.treasgo v/press/rele as e s /bp736.htm 113/2008 hp737: Treasury Warns Public About E-Mail Scams Page I of I December 14, 2007 hp737 Treasury Warns Public About E-Mail Scams Washington, DC -Treasury has become aware of phony e-mail messages claiming to come from Department offiCials For example, these messages, which are unsolicited by the I'eclplents, falsely assert that TreasulY IS seeking to transfer funds to the reCIpient of the e-mail or accuse the recipient of tax avoidance or money launderrng. These e-malls may request sensitive Information from the recIpient. supposedly In order to process the bogus transaction These messages are a hoax deslgneel to trick Victims into revealing confidential information Treasury recommends that reCIpients not responcl to such messages Treasury does not send unsoliCited requests and does not seek personal or financialillformation from members of the publiC bye-mail. Anyone who receives an email of this nature should file a complaint at E-mail users should be wary of any unsoliCited messages IIlat purport to come from U,S Government agencies asking them to prOVide senSitive personal information The transmission of phony e-mail messages requesting confidential mformatlon is a practice known as "phIShlllg." The perpetrator of a "phishlng" scam attempts to trick the Victim IIlto revealing cOllfldentlal illformatlon, which then is used for purposes of Identity theft or other crrmes. Members of the public can learn more about protectlllg themselves from "phlshlng" and other internet-based threats at OnGuardOnline.gov, a web site created by the Department of Justice in partnership with other federal agencies and the technology industry to help stay safe online. Anyone receiving a solicltal1on purporting to be from, or otherWise Involving the Internal Revenue Service, may report it to the Treasury Inspector General for Tax Administration at Treasury Inspector General for Tax Admlllistration Hotline PO Box 589 Ben Franklin Station WaShington, DC 20044-0589 Email: Phone 1-800-366-4484 Fax: 202-927-7018 Solicitations purporting to be from, or otherWise Involving the Department or the Secretary of the Treasury, may be reported It to the Treasury Office of Inspector General at: Treasury Hotline Office of Inspector General 1500 Pennsylvania Ave, NW Washington, D.C 20220 Email: Phone' 1-800-359-3898 Fax: 202-927-5799 -30- lttp:llwww.treas~ov/press/releases/hp737.ptm 1I3/2008 Page 1 of 3 FROM THE OFFICE OF PUBLIC AFFAIRS We recommem7 pontlllg tIJIS release lISlIlg To view or pont tile PDF content on t/lIS p~ 'Iow lJe free December 17. 2007 HP-738 Treasury International Capital (TIC) Data for October Treasury International Capital (TIC) de which will report on data for Novembe ~r are released today and posted on the U.S. Treasury web site (www.treas.gov/tic). The next release. d for January 16. 2008 Net foreign purchases of long-term se S114.0 billion. • Net forelgll purchases of longpurchases by private foreign ir urltles were S118.0 billion $96.2 billion. • U S reSidents purchased a ne )f long-term foreign securities. Of ti,lS. net purchases by foreign official institutions were $21.8 billion. and net Net foreign acquIsition of long-term se g into account adjustments. IS estimated to have been $101.5 billion. Foreign holdings of dollar-denominate 1l0ldlngs of Treasury bills Increased $~ JS. seCUrities. including Treasury bills. and other custody liabilities increased S299 billion Banks own net dollar-denominated lia ign reSidents decreased S33.7 billion Monthly net TIC flows were positive $~ billion 'f this. net foreign private flows were positive $562 billion. and net foreign offiCial flows were positive S41 .6 Foreign -30- TIC Monthly Reports on Cross-Border Financial Flows http://www.treas.gov/press/reJeases/hp73S.htm 111S/200S ~ H - IJO. ~ 1 C;a;:'U1Y HHClllallUll<11 ~<1Pll<11 ~ 11~) Page 2 of 3 uara for Uctober - - 2005 --~ Foreigners' Acquisitions of Long-term Securities I 2 3 Gross Purchases of Domestic U.S. Securities Gross Sales of Domestic U.S. Securities Domestic Securities Purchased, net (line 1 less line 2) II 17157.5 21186.9 16145.9 20021.0 1011.5 1165.9 20000.1 18858.5 1141.6 28340.8 27274.2 1066.7 2474.0 2448.8 25.2 3323.3 3359.3 -36.0 2332.7 2276.3 56.4 2671.9 2553.8 ll8.0 4 5 6 7 8 Private, net 12 Treasury Bonds & Notes, net Gov't Agency Bonds, net Corporate Bonds, net Equities, net 891.1 269.4 187.6 353.1 81.0 967.0 135.4 201.4 485.5 144.6 953.8 147.3 186.1 458.0 162.4 893.8 231.0 125.5 385.9 151.4 20.9 -2.4 1.2 3.7 18.4 -11.7 26.9 4.3 -3.8 -39.1 27.9 11.6 2.3 11.4 2.5 96.2 45.9 4.8 15.7 29.9 9 10 Official, net 13 Treasury Bonds & Notes, net Gov't Agency Bonds, net Corporate Bonds. net Equities. net 120.4 68.7 31.6 19.1 1.0 199.0 71.8 92.6 28.5 6.0 187.8 73.3 79.2 26.8 8.5 172.9 1.2 128.4 43.5 -0.2 4.4 -6.9 7.5 1.0 2.8 -24.2 -29.7 4.1 3.0 -1.6 28.5 14.6 9.2 4.6 0.1 21.8 4.0 10.0 7.4 0.4 3700.0 3872.4 -172.4 5527.1 5778.9 -251.8 5171.8 5378.5 -206.7 7961.2 8284.8 -323.5 759.3 764.9 -5.5 823.8 858.3 -34.5 557.8 598.8 -41.0 809.4 813.5 -4.1 -45.1 -127.3 -144.11 -107.7 -107.71 -99.0 -170.71 -152.8 0.9 -6.4 -21.7 -12.9 -19.7 -21.3 -9.1 5.0 839.1 914.2 934.9 743.1 19.7 -70.5 15.4 114.0 -143.0 -169.9 -155.6 -199.9 -22.2 -16.1 -20.6 -12.5 Net Foreign Acquisition of Long-Term Securities (lines 19 and 20): 696.2 744.2 779.3 543.2 -2.5 -86.6 -5.2 101.5 Increase in Foreign Holdings of Dollar-denominated ShortU.S. Securities and Other Custody Liabilities: 16 U.S. Treasury Bills -47.6 -58.9 146.21 -9.0 118.41 -13.6 169.41 22.8 56.1 18.6 33.7 21.0 3.7 -6.7 29.9 9.0 II 12 13 14 15 16 17 18 Gross Purchases of Foreign Securities from U.S. Residents Gross Sales of Foreign Securities to U.S. Residents Foreign Securities Purchased, net (line 14 less line 15) 14 Foreign Bonds Purchased. net Foreign Equities Purchased, net 19 Net Long-Term Securities Transactions (line 3 plus line 20 Other Acquisitions of Long-term Securities, net 15 21 22 23 http://www.treas.goy/press/releases/hp738.htm 1118/2008 Page 3 of 3 Private, net Official, net Other Negotiable Instruments and Selected Other Liabilities: 17 Private, net OfficiaL net 24 25 26 27 28 29 Change in Banks' Own Net Dollar-Denominated Liabilities 30 Monthly Net TIC Flows (lines 21,22,29) /8 of which 31 Private, net 32 OfficiaL net 11 /2 /3 /4 /5 /6 17 /8 -15.6 -43.3 16.1 -25.0 7.7 -21.3 21.0 1.8 3.3 15.3 17.2 3.8 -4.9 -1.8 6.9 2.2 11.4 10.6 0.8 155.1 174.9 -19.8 132.0 144.3 -12.3 146.6 84.2 62.5 37.5 36.6 1.0 12.6 -14.7 27.4 10.4 1.5 8.9 20.9 0.9 20.0 16.4 183.7 228.8 -123.3 47.2 -97.8 -31.3 -33.7 665.0 1074.1 1126.5 589.3 100.8 -150.8 -32.8 97.8 578.0 87.0 931.4 142.7 999.5 127.0 346.3 243.0 62.6 38.2 -129.3 -21.4 -46.2 13.4 56.2 41.6 Net foreign purchases of U.S. securities (+) Includes intemational and regional organizations The reported division of net purchases of long-term securities between net purchases by foreign official institutions and net purchases of other foreign investors is subject to a "transaction bias" described in Frequently Asked Questions 7 and I O.a.4 on the TIC web site. Net transactions in foreign securities by U.S. residents. Foreign purchases of foreign securities = U.S. sales of foreign securities to foreigners. Thus negative entries indicate net U.S. purchases of foreign securities, or an outflow of capital from the United States; positive entries indicate net U.S. sales of foreign securities. Minus estimated unrecorded principal repayments to foreigners on domestic corporate and agency asset-backed securities + estimated foreign acquisitions of U.S. equity through stock swaps estimated U.S. acquisitions of foreign equity through stock swaps + increase in nonmarketable Treasury Bonds and Notes Issued to Official Institutions and Other Residents of Foreign Countries. These are primarily data on monthly changes in banks' and broker/dealers' custody liabilities. Data on custody claims are collected quarterly and published in the Treasury Bulletin and the TIC web site. "Selected Other Liabilities" are primarily the foreign liabilities of U.S. customers that are managed by U.S. banks or broker/dealers. TIC data cover most components of international financial tlows, but do not include data on direct investment tlows, which are collected and published by the Department of Commerce's Bureau of Economic Analysis. In addition to the monthly data summarized here, the TIC collects quarterly data on some banking and nonbanking assets and liabilities. Frequently Asked Question I on the TIC web site describes the scope of TIC data collection. REPORTS http://www.treas.gov/press/releases/hp738.htm u.s. TREASURY DEPARTMENT OFFICE OF PUBLIC AFFAIRS 9 AM (EST), December 17,2007 Ann Marie Hauser, (202) 622-2960 EMBARGOED UNTIL CONTACT TREASURY INTERNATIONAL CAPITAL DATA FOR OCTOBER Treasury International Capital (TIC) data for October are released today and posted on the U.S. Treasury web site (www.treas.gov/tic). The next release, which will report on data for November, is scheduled for January 16,2008. Net foreign purchases oflong-term securities were $114.0 billion. • Net foreign purchases oflong-term U.S. securities were $118.0 billion. Of this, net purchases by foreign official institutions were $21.8 billion, and net purchases by private foreign investors were $96.2 billion. • U.S. residents purchased a net $4.1 billion of long-term foreign securities. Net foreign acquisition of long-term securities, taking into account adjustments, is estimated to have been $101.5 billion. Foreign holdings of dollar-denominated short-term U.S. securities, including Treasury bills, and other custody liabilities increased $29.9 billion. Foreign holdings of Treasury bills increased $9.0 billion. Banks' own net dollar-denominated liabilities to foreign residents decreased $33.7 billion. Monthly net TIC flows were positive $97.8 billion. Of this, net foreign private flows were positive $56.2 billion, and net foreign official flows were positive $41.6 billion. TIC Monthly Reports on Cross-Border Financial Flows , (Billions of dollars not sC'lsonall ya d·.Ius ted) ZOOS 200(, 12 Months Throu~h Oct-06 Oct-(J7 Oct-iJ7 1ulv-1I7 Auo-1I7 Scp-1I7 33233 3359.3 -36.0 2.132.7 227(>.1 56.4 255J.S IIH.I) -11.7 26.9 4.3 27.9 IU, 96.2 45.() Foreigners' Acquisitions of Long-term Sccuritil'S I 2 J Gross Purchases of Domestic U.S. Secunt,es Gross Sales of Domestic U.S. Secuntles Domestic Securities Purchased, net (line I less IlIle 2) II 17157.5 21186.9 1(,145') 20021.0 1011.5 1165.9 20000.1 18858.5 1141.6 28340.8 27274.2 1066.7 247411 244g~ 25.2 2(,71 () 4 5 6 7 8 Private, net /2 Treasury Bonds & Notes, net GO\ 't Agency Bonds. net Corporate Bonds. net EqUities. net 891.1 269.4 187.6 353.1 81.0 967.0 1354 201.4 485.5 144.6 953.8 147.3 186.1 458.0 162.4 893.8 231.0 125.5 385.9 1514 20.9 -2.4 1.2 37 184 -J.S 2.3 I l.l 4X 15.7 -391 25 2().9 9 10 II 12 13 Official, net /3 Treasury Bonds & Notes. net Gov't Agency Bonds, net Corporate Bonds, net Equities, net 120.4 68.7 31.6 19.1 1.0 199.0 71.8 92.6 172.9 1.2 128.4 43.5 -0.2 4.4 ·6.9 7.5 1.0 2.8 -24.2 -29.7 4.1 3.0 -1.6 28.5 14.1, 9.2 46 0.1 21.8 6.0 187.8 73.3 79.2 26.8 8.5 37000 3872.4 -172.4 5527.1 5778.9 -251.8 5171.8 5378.5 -206.7 7961.2 8284.8 -323.5 759.3 76-1') -5.5 8238 8583 -34.5 557.8 5'18.8 -41.0 8094 -45.1 ·127.3 -144.1 -1077 -1077 -99.0 -170.7 -1528 0.9 -6.4 -21.7 -12 'I -19.7 -21.3 -9 I 50 839.1 914.2 934.9 743.1 19.7 -70.5 15.4 114.fl -143.0 -169.9 -155.6 -199.9 -22.2 -16.1 -20.6 -12.5 696.2 744.2 779.3 543.2 -2.5 -86.6 -5.2 101.5 -47.6 -58.9 -15.6 -43.3 146.2 -9.0 16.1 -25.0 118.4 -13.6 7.7 169.4 22.8 210 29.9 9.0 6.9 18 33.7 21.0 17.2 3.8 3.7 -6.7 .4.9 -213 56.1 18.6 3.3 15.3 -1.8 2.2 11.4 10.6 0.8 155.1 174.9 ·19.8 132.0 144.3 -12.3 146.6 8-1.2 62.5 37.5 36.6 1.0 12.6 -147 27A lOA 1.5 8.9 20.9 0.9 20 (J 16.4 183.7 228.8 -123.3 47.2 -97.8 -31.3 -33.7 665.0 1074.1 1126.5 589.3 100.8 -150.8 -32.8 97.8 578.0 87.0 9314 142.7 999.5 127.0 346.3 243.0 62.6 38.2 -129.3 -214 ·46.2 13 -1 5(,.2 41.6 14 15 16 17 18 Gross Purchases of Foreign Securities from U.s. ReSidents Gross Sales of Foreign Securities to US Residents Foreign Securities Purchased, net (line 14 less IlI1e 15) /4 Foreign Bonds Purchased. net Foreign Equities Purchased, net 19 Net Long-Term Securities Transactions (11Ile 3 pillS IlI1e 16)· 20 Other Acquisitions of Long-term Securities, net 15 21 22 Net Foreign Acquisition of Long-Term Securities (lines 19 and 20): 28 Increase in Foreign Holdings of Dollar-denominated Short-term U.S. Securities and Other Custody Liabilities: /6 U.S. Treasury Bills Private. net Official, net Other Negotiable Instruments and Selected Other Liabilities: !7 Private, net OffiCial. net 29 Change in Banks' Own Net Dollar-Denominated Liabilities 23 24 25 26 n 30 Monthly Net TIC Flows (lines 21,22,29) /8 of which 31 Private. net 32 Official, net II n.5 Net foreign purchases of U.S. secunties (+) 12 Includes international and regIOnal organizations 13 The reported diviSion of net purchases of long-term securities between net purchases by foreign offiCial instltutlOns and net purchases of other foreign investors is subject to a "transaction bias" described in Frequently Asked Questions 7 and I O.aA the TIC web Site. Net transactions in foreign securities by U.S. resldents. Foreign purchases of foreign securities = U.S. sales offoretgn S~(lIf1t1es to fon!lgners Thus negative entries indicate net U.S. purchases of foreign securitIes, or an outnow of capital from the United States. po~ill\"e enlne~ indicate net U.S s<.tJes of foreign securities MinUS estImated unrecorded principal repayments to foreIgners on domestic corporate and agency asset-backed seCUritIes + estimated foreign acqUIsitions of U.S. equity through stock swaps estimated acqUIsitions of foreign equity through stock swaps + increase in nonmarketable Treasury Bonds and Notes Issued to Official Institutions and Other Residents of Foreign Countnes These are primarily data on monthly changes 111 banks' and brokerldealers' custody liabilities. Data on custody clall11S arc collected quarterly and publIShed in the Treasury Bulletin and the TIC web site. "Selected Other Liabilities" are primarily the loreign liabilities of Us. customers that are managed by U.S. banks or broker/dealers TIC data cover most components of internationallinancwl flows. but do not include data on direct investment 110\\5. which arc collected and published by the Department of Commerce's Bureau of Economic AnalysIS. In addition to the monthly data summanzed here. the TIC collects qual1erly data on some banking and nonbankll1g assets and liabilities. Frequently Asked Question I on the TIC web 14 15 0" u.s. /6 i7 18 site deSCribes the scope of Tie data collection. -30- HJ 10.0 74 0.4 813.5 -4.1 HP-739: U.S. Government Releases FY 2007 Financial Report Page 1 of I December 17, 2007 HP-739 U.S. Government Releases FY 2007 Financial Report Washington - Tile Treasury Department and the Office of Management and Budget today released the Fiscal Year 2007 FinanCial Report of the United States Government The report details the US government's short-term and long-term flllanCial outlook, Includlllg the government's biggest fiscal challenge- the unsustainable growth in entitlement programs The report complements the President's Budget to be released In February 2008. "The $2.6 trillion in record-breaking revenues that flowed into the Treasury this year reflect a healthy economy The 39 percent drop In our net operatlllg costs complements the defiCit reduction reported in October," said Treasury Secretary Henry M. Paulson, Jr "But to continue thiS progress, we must maintain diSCipline on spending. The expected revenue in years ahead will not come close to meetlllg the growing cost of our social insurance programs We all have a responSibility to fiX this problem now, before it becomes a severe economic burden for our children and grandchildren" "This year's budget results reinforce that tax relief combilled With spending restralilt works. This formula has helped promote economic expansion that, In turn, has helped generate higher-than-expected revenue and resulted in defiCit reduction of $250 billion over the last three years," said OMB Director Jim Nussle. "Reducing the deficit in the short-term Will put us In a better position for dealing with the longerterm entitlement issue, which can only be characterized as an oncoming fiscal tralll wreck." Revenue results in thiS year's fiscal report were $2.6 trillion, a 7.6 percent improvement from last year. Consistent with the improved budget results, the FinanCial Report's 2007 net operating cost of $276 billion is approximately $175 billion lower than the 2006 figure. The report indicates that fundlllg for Social Security and Medicare Will come up $45 trillion short in the next 75 years Without reform, the cost of these programs will total 18 percent of GOP by 2080 The Government Accountability Office audited the Statement of Social Insurance for the first time and issued a clean opinion thiS year The SOSI, a CrItical component of the Financial Report, compares the government's expected resources for programs such as Social Security and Medicare to what it expects to have to pay In benefits over the next 75 years III current dollar terms. A clean opinion indicates that the report fairly and accurately reflects the financial position of the social insurance programs. For the past four years, Treasury has Issued the report on December 15 or the first business day following that date, well ahead of the statutory March 31 deadlille. The report can be found at http://www.treas.gov/press/releases/hp739.htm 1/312008 HP-740: Secretary Paulson Prepared Remarks<br>Before the Housing Townhall Meeting<br>at the Ea... Page 1 of::: December 17, 2007 HP-740 Secretary Paulson Prepared Remarks Before the Housing Townhal\ Meeting at the East Orange Community Center Orlando, Fla. - Good afternoon Tilank you, Congressman Feeney and tilanks to all of you for Joining me to discuss the current housing market. After years of unsustainable home price appreciation and an abundant supply of easy credit, the US hOUSing market IS experiencing an Inevitable downturn. Here In Orlando, house prices increased by an average of over 15 percent a year from 2001 to mid-2006. Now, that trend has reversed and house prices declined 7 percent in the last year. Your city has been particularly hard-hit by foreclosures. Although the hOUSing market downturn IS a significant challenge, homeownershlp remains a Vital and positive aspect of American life --- 68 percent of American households own their own home and 93 percent of Americans pay their mortgages every month, rigllt on time We do expect that the hOllsing market turbulence will take some time to work through, and that there Will be some penalty on our short-term economic growth. Fortunately, the economic picture in Orlando is relatively strong you have a healthy Job market, with an unemployment rate over one percentage point below the national average Overall, the US. economy will continue to grow and is fundamentally sound Core inflation IS contained, continued job gains are providing a good foundation for household spending, corporate balance sheets remain healthy overall, and strong growth abroad IS supportlllg U.S exports. Our economy is operating against the backdrop of a strong global economy We want, when possible, to minimize the housing market downturn's impact on the national economy, Florida's economy and Cities like Orlando. A spike In home foreclosures can pose costs for whole neighborhoods, causing property values to decline and crime to increase. This can undermine the financial stability of neighboring families and communities. Foreclosure isn't only expensive for homeowners. Investors - the owners of the mortgage - also get hit with steep losses. Investors would ratiler find a solution other than foreclosure, if there IS one. In any normal bUSiness situation where both Sides see that they are gOing to suffer losses. they would get together and strike a deal to minimize those losses. But thiS situation isn't normal; the company that made your mortgage may no longer hold It. Instead, mortgage Investors are spread allover tile world, making it very difficult for them to reach an Individual decision on each troubled mortgage. Until recently, our system has been able to shoulder the burden of this compleXity because the volume of struggling borrowers was manageable In a period when home prices were generally increasing. But today, there are a rising number of sub prime borrowers who will face a problem when their mortgage Interest rate resets and their monthly payments increase. We anticipate that 1.8 million owneroccupied subpnme mortgage resets will occur In 2008 and 2009 This rising volume makes it impossible for the Investors who own the mortgages to deal With them In the usual way The government acted to prevent a market failure and to try to avoid unnecessary http://www.treas,.gQy/press/releases/hp740. htrn 1/312008 HP-740: Secretary Paulson Prepared Remarks<br>Before the Housing Townhall Meeting<br>at the Ea... Page 2 of: harm that would result from a cumbersome, difficult decIsion-making process due to a coming wave of struggling subprlme borrowers We developed a solution that involves no government funding or subsidies for IIldustry or homeowners Our solution centers on bringing mortgage market participants together In the HOPE NOW alliance. The alliance IS a coalition of mortgage servicers - the people who collect your payments - counselors and Investors that are working to avoid preventable foreclosures As I see it, subpnme bormwers fall Into three broad categories. There are those who can afford their adjusted Interest rate: these homeowners need no assistance. There are homeowners who haven't even been making payments at the loan's starter rate and may not Ilave IIle finanCial wherewithal to sustain home ownership: some of these homeowners will become renters again A third category is homeowners with steady Incomes and relatively clean payment histOries who cannot afford tile higher adjusted rate. These are the homeowners we need to see fast-tracked Into a modification or refinanCing Through ttle HOPE NOW alliance we are fOCUSing on this third group, determining who they are and what steps may appropriately assist them. With HOPE NOW. we announced a three pomt plan to aggressively help as many able homeowners as possible keep their homes. First. we are increaSing efforts to reach able homeowners who are struggling With their mortgages. We leamed that 50 percent of foreclosures occur Without borrowers ever asking for help Many borrowers in trouble are afraid to speak to their lenders. But we know that ttle sooner a struggling borrower reaches out to address the problem, the more likely it's possible that It can be resolved Nothing IS worse than dOlllg nothing. HOPE NOW IS sending outreach letters to borrowers likely to be facing trouble, and has expanded a toll-free number where concerned homeowners can talk to mortgage counselol's about their financial circumstances. Second, we are working to Increase the availability of affordable mortgage solutions for these borrowers. The industry is developing modifications and other mortgage products that may allOW more people to stay In their homes. HUD has implemented FHASecure. which is already refillancing more homeowners Into FHA mortgages I am very hopeful that Congress Will pass a final version of an FHA modernization bill, so more borrowers will have the option of an affordable FHA mortgage Third, we have led the industry to develop a systemalic means of effiCiently moving able homeowners into sustainable mortgages. The industry came together and developed straight-forward criteria to allow them to qUickly identify borrowers who can't afford their mortgage reset. but have the financial wherewithal to continue to own their home, For the mortgages in this group, both the borrower and the Investor are better off If foreclosure is aVOided The industry announced two weeks ago that they Will now be able to fast-track these borrowers into mortgage modifications --which will result In a 5-year Interest rate freeze for some mortgage holders. ThiS effort is not an across-the-board mortgage payment freeze. There are many subprlme borrowers who Will be able to afford their higher mortgage payments, so they don't need help. Othel's Will not be eligible for fast-tracking, but will go through a longer process to demonstrate that they can't afford the mortgage reset. And, of course, some may not be able to afford any reasonable mortgage modification The fast-tracking of a significant portion of these subprime bormwers Into a refinance or a modification frees up resources so that lenders can work with other borrowers. We are working to prevent a market failure by aVOiding foreclosures IIlat otherwise would occur Just because someone wasn't reached in time or the system could not respond qUickly enough to produce an outcome In the best interest of the homeowners and the investors who own the mortgages And let me say to all of you here today - that If you, a friend or family member IS worned about losing their home, please call the HOPE NOW hot line or your mortgage servicer immediately. tttp:IIWWw.treas.gov/press/releases/hp740.htm 1/3/2008 HP-740: Secretary Paulson Prepared Remarks<br>Before the Housing Townhall Meeting<br>at the Ea... Page 3 of: Our plan won't prevent every foreclosure. and modification will be available only when It's a finanCially feasible and necessary solution. Tile Industry Ilas committed to reporting results of this effort. and we Will measure our success by number of foreclosures prevented, not the number of mortgages modified This plan IS neither a silver bullet, nor is It perfect. but it is tile best way to deal With the unprecedented volumes that threatened to overwhelm the normal functioning of thiS market. We can, and will, monitor tile situation closely and do our best to address Issues as tlleyarrse. http://www.treas.gov/press/releases/hp740. htm 113/2008 Page 1 of December 17, 2007 2007 -12 -17 -17 -13-46-9210 U.S. International Reserve Position The Treasury Department today released US reserve assets data for the latest week, As indicated in this table, U.~ reserve assets totaled $69,955 million as of the end of that week, compared to $70J28 million as of the end of the prior week. I. Official reserve assets and other foreign currency assets (approximate market value, In US millions) I I IIDecember 14, 2007 " I IA Official reserve assets (in US millions unless otherwise specified) IIEuro 1(1) Foreign currency reserves (in convertible foreign currencies) II IIYen 1 IITotal 11 69 ,955 1 I II 11 11 ,268 11 2 5.431 II II 11 II 11 14 ,144 II 11 5,543 II 11 19,687 Iii) banks headquartered In the reporting country II 11 lof which: located abroad II 11 I(iil) banks headquartered outside the reporting country II 110 1 II 0 11 I I(a) Securities lof which: issuer headquartered 11 In I'eporting country but located abroad I(b) total currency and depOSits with 1(1) other national central banks, BIS and IMF 14 ,163 lof which: located in the reporting country 1(2) IMF reserve position 11 4 ,367 1(3) SDRs 11 9 .429 1(4) gold (including gold deposits and, if appropriate, gold swapped) 11 11 ,041 I--volume in millions of fine troy ounces 11 261.499 1(5) other reserve assets (specify) 110 I--financial derivatives II I--Ioans to nonbank nonresidents II I--other IB Other foreign currency assets (specify) II II --securities not included In official reserve assets II 0 I 1 0 0 I I--deposits not Included in official reserve assets --loans not included in offiCial reserve assets J --financial derivatives not included in official reserve assets I --gold not included in official reserve assets I [ --other II II II II. Predetermined short-term net drains on foreign currency assets (nominal value) ~~[------------~I~I_ _ _ _~II~_ _ _ _~I~I----~I~I----~III_ _ _ __ http://www.treaS~Qv/press/releases/20071? 171711.1(;Q? 1n htm 1/3/2008 Page 2 of4 II 1 [ II I I I II II 1 II II I I II I " " " " " " I [ 1 Foreign currency loans, seCUrities, and depOSits IIpllnclpal I IIlnterest I--inflows (+) IIPrlnclpal I IIlnterest 2. Aggregate short and long positions in forwards and futures In foreign cLmencies vis-a-VIs the domestic currency (including the forward leg of currency swaps) I I I (a) Short pOSitions ( - ) II 1 (b) Long positions II (+) I 3. Other (specify) --outflows related to repos (-) II II II II II I I 1\ II --inflows related to reverse repos (+) --trade credit (-) --trade credit (+) II II --other accounts payable (-) I --other accounts receivable (+) More IIlan 3 months and up to 1 year More than 1 and up to 3 months Up to 1 month IITota I--outflows (-) I IIMaturity breakdown (residual maturity) I " II II Ill. Contingent short-term net drains on foreign currency assets (nominal value) 1 II I II IITota I applicable) " II "I I(b) Other conltngent liabilities I More than 3 months and up to 1 year More than 1 and up to 3 months IUp to 1 mooth 11 Contingent liabilities In foreign currency (a) Collateral guarantees on debt falling due Within 1 year I II II IMaturity breakdown (residual maturity, where II II 2. Foreign currency securities issued with embedded options (pultable bonds) 13 Undrawn, unconditional credit lines provided by: (a) other national monetary authOrities, 81S, IMF, and other international organizations II [--other national monetary authorities (+) II I E-BIS (+) II II E-IMF (+) I (b) with banks and oliler finanCial institutions I I "II II I headquartered In the reporting country (+) (c) with banks and other fillancial institutions headquartered outSide the reporting country (+) ~ndrawn, I unconditional credit lines provided to: (a) other national monetary authorities, 81S, IMF, and other international organizations I tother national monetary authorities (-) II r II http://www.treas.gov/press/releases/200712171713469210.htm I II II I II II II I II I II II I 1/3/2008 Page 3 of4 I--BIS (-) [--IMF (-) (b) banks and other financial institutions headquartered in reporting country (- ) (c) banks and other financial institutions headquartered outside the reporting country ( - ) II 1\ II II I \I II \I \I I 1/ 1/ II I 1/ I II II 1/ 4. Aggregate short and long positions of options in foreign currencies vis-a-VIs the domestic currency I: I I I(a) Short positions II l(i) Bought puts I(ii) Written calls I(b) Long positions II \I \I I(i) Bought calls II I Iri!) Written puts \I IpRO MEMORIA In-the-money options I \I I I( 1) At current exchange rate II II II I I(a) Short position I I(b) Long pOSition 1(2) + 5 % (depreciation of 5%) I I(a) Short pOSition II I(b) Long position II 1(3) - 5 % (appreciation of 5%) \I I(a) Short position II I(b) Long position II 1(4) +10 % (depreciation of 10%) \I \I I I(a) Short position I(b) Long position I 1(5) - 10 % (appreciation of 10%) II I I I(a) Short pOSition hb) Long POSition I 1(6) Other (specify) II I(a) Short pOSition I(b) Long position II II I 1\ II IV. Memo Items I 1(1) To be reported with standard periodiCity and timeliness lia) short-term domestic currency debt Indexed to the exchange rate (b) financial instruments denominated In foreign currency and settled by other means (e.g., in domestic currency) I " I G-nondeliverable forwards I I I I [ --short positions [ --long pOSitions II [other Instruments II [C) pledged assets II [inClUded in reserve assets II [inclUded in other foreign currency assets II r lttp:llwww.treas.gov/nress/releases/200712171713469210.htm II 1/3/2008 Page 4 of 4 1 I I I 1 1 II I(d) securities lent and on repo --lent or repoed and included in Section I 1 Il--Ient or repoed but not Included in Section I --borrowed or acquired and included in Section I --borrowed or acquil-ed but not included in Section I (e) financial derivative assets (net, marked to market) I--forwards I--futures I--swaps I--optlons I I 1 1 II 1 II 1/ I 1 II 1 I--other II 1 (f) derivatives (forward, futures. or options contracts) that have a residual maturity greater than one year. which are subject to margin calls. I I I --aggregate short and long pOSitions in forwards and futures in foreign currencies vis-a-vis the domestic currency (rncludlng the forward leg of currency swaps) I(a) short positions ( - ) j{b) long pOSitions (+) I--aggregate short and long pOSitions of options In foreign currencies vis-a-VIs the domestic currency I I(a) short positions I(i) bought puts I(ii) written calls I I(b) long positions l(i) bought calls I(ii) wntten puts 1/ 1(2) To be disclosed less frequently II I(a) currency composition of reserves (by groups of currencies) 11 6 9.955 I--currencies In SDR basket 11 6 9.955 I--currencles not In SDR basket 1/ I I--by IndiVidual currencies (optional) II 1 1 II 1 Notes: II Includes holdings of the Treasury's Exchange Stabilization Fund (ESF) and the Federal Reserve's System Open Market Account (SOMA), valued at current market exchange rates. Foreign currency holdings listed as securities reflect markedto-market values, and depOSits reflect carrying values. 21 The items, "2. IMF Reserve Position" and "3. Special Drawing Rights (SDRs)," are based on data provided by the IMF and are valued in dollar terms at the official SDRldollar exchange rate for the reporting date. The entries for the latest week reflect any necessary adjustments, including revaluation, by the U.s. Treasury to IMF data for the prior month end. 31 Gold stock IS valued monthly at $42.2222 per fine troy ounce. http://www.trea>-govJpresslreleases/lD071217171346921O.htm 1/312008 HP-741: Treasury Statement on Federal Reserve Rules to Improve Mortgage Oversight Page I of I December 18. 2007 HP-741 Treasury Statement on Federal Reserve Rules to Improve Mortgage Oversight Washington- US Treasury Under Secretary for Domestic Finance Robert K Steel Issued the following statement today regarding the Federal Reserve Board of Governor's release of proposed rules for tile Home Ownership and Equity Protection Act "Treasul'y commends the Federal Reserve's efforts announced today to Improve mortgage lending practices. The Federal Reserve has used its authority to restrict certain practices that are unfair or deceptive and to prOVide enhanced IIlfOrmatlon to consumers. We support the development of such rules, which recognize the need to protect consumers without unnecessarily restricting their access to credit" http://www.treas.gov/pressireleasesJho741.b trn 11312008 HP-742: Secretary Paulson Prepared Remarks<br> Before <br>the Housing Town Hall Meeting in Ka... Page 1 of December 18, 2007 HP-742 Secretary Paulson Prepared Remarks Before the Housing Town Hall Meeting in Kansas City Kansas City, Mo. - Good morning Thanks to all of you for JOining me to discuss the current housing market. After years of unsustainable home price appreciation and an abundant supply of easy credit, the US housing market is experiencing an lIlevitable downturn. While home prices in Kansas City did not Increase as much as in other parts of the country. appreciation has slowed to about two percent over the last year and your city has been particularly hard-hit by foreclosures. Although the houslflg market downturn is a significant challenge, homeownershlp remains a Vital and positive aspect of American life --- 68 percent of American households own their own home and 93 percent of Americans pay their mortgages every month, right on time. We do expect that the housing market turbulence will take some time to work through. and that there will be some penalty on our short-term econOllllC growth Kansas City is facing these difficullies with a somewhat weaker economy than other parts of the country, With an unemployment rate about a point and a half above the national average. Overall, the US economy Will continue to grow and is fundamentally sound Core IIlflation is contained, continued Job gains are providing a good foundation for household spending, corporate balance sheets remalfl healthy overall, and strong growth abroad is supporting U S. exports. Our economy is operating against the backdrop of a strong global economy. We want. when possible, to minimize the housing market downturn's impact on the national economy, Missouri's economy and places like Kansas City. A spike In home foreclosures can pose costs for whole neighborhoods, cauSing property values to decline and crime to Increase This can undernllne the financial stability of neighboring families and communities. Foreclosure isn't only expensive for homeowners. Investors - the owners of the mortgage - also get hit With steep losses. Investors would rather find a solution other than foreclosure, if there IS one. In any normal bUSiness situation where both sides see that they are gOlllg to suffer losses, they would get together and strike a deal to mlflimize those losses. But thiS situation isn't normal: the company that made your mortgage may no longer hold it. Instead, mortgage investors are spread all over the world, making it very difficult for them to reach an Individual deciSion on each troubled mortgage Until recently, our system has been able to shoulder the burden of this compleXity because the volume of struggling borrowers was manageable In a period when home prices were generally increasillg. But today, there are a riSing number of subprime borrowers who Will face a problem when their mortgage IIlterest rate resets and their monthly payments Iflcrease We anticipate that 1.8 million owneroccupied subprime mortgage resets will occur In 2008 and 2009. ThiS rising volume makes it Impossible for the investors who own the mortgages to deal With them In the usual way. The government acted to prevent a market failure and to try to avoid unnecessary http://www.treas gOy/press/releases/hp742 htITl 1/3/2008 HP-742: Secretary Paulson Prepared Remarks<br> Before <br>the Housing Town Hall Meeting in Ka... Page 2 of: harm that would result from a cumbersome, difficult decision-making process due to a coming wave of struggling subprlme borrowers We developed a solution that involves no government funding or subsidies for Industry or homeowners Our solution centers on bringing mortgage market participants together In the HOPE NOW alliance. The alliance IS a coalition of mortgage servicers - the people who collect your payments - counselors and investors that are working to aVOid preventable foreclosures. As I see It, subprime borrowers fall mto three broad categories There are those who can afford their adjusted Intel'est rate; these homeowners need no assistance Tllel'e are homeowners wtlO haven't even been makmg payments at the loan's starter rate and may not have ttle finanCial whereWithal to sustam home ownership, some of these homeowners Will become renters again A third category IS homeowners with steady incomes and relatively clean payment histOries who cannot afford the higher adjusted rate These are the homeowners we need to see fast-tracked mto a modification or refillanclllg Through the HOPE NOW alliance we are fOCUSing on thiS third group, deternllnlng who they are and what steps may appropriately assist them With HOPE NOW, we announced a three pOint plan to aggressively help as many able homeowners as possible keep their homes. First, we are Increasing efforts to reach able homeowners who are struggling With their mortgages We learned that 50 percent of foreclosures occur Without borrowers ever asking for help. Many borrowers In trouble are afraid to speak to their lenders. But we know that the sooner a struggling borrower reaches out to address the problem. the more likely It'S possible that It can be resolved Nothing is worse than doing nothing. HOPE NOW IS sending outreach letters to borrowers likely to be facing trouble, and has expanded a toll-free number where concerned homeowners can talk to mortgage counselors about their financial circumstances. Second, we are working to increase the availability of affordable mortgage solutions for these borrowers. The industry is developing modifications and other mortgage products that may allow more people to stay In their homes. HUD has implemented FHASecure, which is already refinanCing more homeowners into FHA mortgages, I am very hopeful that Congress will pass a final version of an FHA modernization bill, so more borrowers will have the option of an affordable FHA mortgage Third. we have led the Industry to develop a systematic means of effiCiently moving able homeowners into sustainable mortgages. The industry came together and developed straight-forward criteria to allow them to quickly Identify borrowers who can't afford their mortgage reset, but have the finanCial wherewithal to continue to own their home. For the mortgages in this group, both the borrower and the mvestor are better off if foreclosure IS aVOided. The Industry announced two weeks ago that they Will now be able to fast-track these borrowers into mortgage modifications --which Will result III a 5-year Interest rate freeze for some mortgage holders. This effort is not an across-the-board mortgage payment freeze. There are many subprime borrowers who will be able to afford their higher mortgage payments, so they don't need help. Others Will not be eligible for fasHracklng, but Will go through a longer process to demonstrate tllat they can't afford the mortgage reset. And, of course, some may not be able to afford any reasonable mortgage modification The fast-traCking of a Significant portion of these subprlme borrowers Into a refinance or a modification frees up resources so that lenders can work With other borrowers. We are working to prevent a market failure by aVOiding foreclosures that otherwise would occur Just because someone wasn't reached In time or the system could not respond qUickly enough to produce an outcome in the best Interest of the homeowners and the investors who own the mortgages And let me say to all of you here today - that If you, a friend or family member IS worried about losing their home, please call the HOPE NOW hotllne or your mortgage servlcer Immediately. http://www.treas.gov/p.ressJreleases/hp742.htITl 11312008 HP-742: Secretary Paulson Prepared Remarks<br> Before <br>the Housing Town Hall Meeting in Ka... Page 3 of 3 Our plan won't prevent every foreclosure, and modification will be available only when it's a financially feasible and necessary solution. The industry has committed to reporting results of this effort. and we will measure our success by number of foreclosures prevented, not the number of mortgages modified This plan is neither a silver bullet, nor IS it perfect, but it is the best way to deal with the unprecedented volumes that threatened to overwhelm the normal funclloning of this market. We can, and will, nlOnltor tile situation closely and do our best to address Issues as they arise http://www.treas.gov/press/releases/hp742.htm 113/2008 hp-743: Secretary Paulson Prepared Remarks <br>Before Stockton Housing Town Hall Meeting Page I of ~ December 18, 2007 hp-743 Secretary Paulson Prepared Remarks Before Stockton Housing Town Hall Meeting Stockton, Cali. -Good afternoon. Thank you, Governor, and thanks to all of you for jOllllllg III a discussion of the current housing market. After years of unsustainable home price appreciation and an abundant supply of easy credit, the US housing market IS expenenclllg an lIlevitable downturn. Here In Stockton, house prices IIlcreased by an average of over 17 percent a year from 2001 to early 2006. That trend has now reversed and house prices declined 10 percent III the last year Your city has been particularly hard-hit by foreclosures. Although the houslllg market downturn is a significant challenge, homeownershlp remains a vital and POSitive aspect of Amencan life --- 68 percent of Amencan households own their own home and 93 percent of Americans pay their mortgages every month. nght on time We do expect that the houslrlg market turbulence Will take some time to work through, and that there Will be some penalty on ollr short-term economic growth. Stockton IS facing these difficulties With a somewhat weaker economy than other parts of the country, With an unemployment rate about five percentage pOints above the national average Overall, the U S economy will continue to grow and IS fundamentally sound Core inflation IS contallled, contmued Job gains are providing a good foundation for household spending, corporate balance sheets remain healthy overall, and strong growth abroad IS supportlllg US, exports. Our economy is operating against the backdrop of a strong global economy We want, when possible, to minimiZe the housing market downturn's Impact on the national economy, California's economy and cities like Stockton, A spike In home foreclosures can pose costs for whole neighborhoods, causing property values to decline and crime to increase, This can undermine the financial stability of neighboring families and communities. Foreclosure Isn't only expensive for homeowners, Investors - the owners of the mortgage - also get hit with steep losses, Investors would rather find a solution other than foreclosure, If there IS one, In any normal business situation where both sides see that they are gOlllg to suffer losses, they would get together and strike a deal to minimize those losses. But thiS situation Isn't normal: the company that made your mortgage may no longer hold It. Instead, mortgage investors are spread all over the world, making It very difficult for them to reach an Irldivldual deCISion on each troubled mortgage, Until recently, our system has been able to shoulder the burden of this complexity because the volume of strugglmg borrowers was manageable in a period when home prices were generally increasing, But today, there are a nSlng number of subprime borrowers who will face a problem when their mortgage Interest rate resets and their monthly payments IIlcrease We anticipate that 1 8 million owneroccupied subprime mortgage resets Will occur In 2008 and 2009. ThiS rlsmg volume makes It impOSSible for the Investors who own the mortgages to deal With them In the usual way The government acted to prevent a market failure and to try to avoid unnecessary harm that would result from a cumbersome; difficult decision-making process due to http://WWw.treas.goYip.ress/releases/ho743.j1tfYl 1/3/2008 hp-743: Secretary Paulson Prepared Remarks <br>Before Stockton Housing Town Hall Meeting Page 2 of 3 a coming wave of struggling subpnme borrowers We developed a solution that involves no government funding or subsidies for industry or homeowners Our solution centers on bnnglllg mortgage market participants together In the HOPE NOW alliance. The alliance is a coalition of mortgage servicers - the people who collect your payments - counselors and investors that are working to avoid preventable foreclosures. As I see it, subprime borrowers fall into three broad categories There are those who can affol'd their adjusted interest rate; these homeowners need no assistance. Thel'e are homeownel's who haven't even been making payments at the loan's starter rate and may not Ilave the financial wherewithal to sustalll home ownership; some of these homeowners will become renters again. A third categol'y is homeowners with steady incomes and relatively clean payment hlstorres who cannot afford the higher adjusted rate These are the homeowners we need to see fast-tracked IIItO a modification or refinancillg. Through lIle HOPE NOW alliance we are focusing on this third group, determining who they are and what steps may approprrately assist them. With HOPE NOW, we announced a thl'ee pOint plan to aggressively help as many able homeowners as possible keep their homes. First, we are increasing efforts to reach able homeowners who are struggling with their Illortgages We learned that 50 percent of foreclosures occur without borrowers ever asklllg for help. Many borrowers in trouble are afraid to speak to their lenders. But we know that the sooner a struggling borrower reaches out to address the problem, the more likely it's possible that it can be resolved. Nothlllg is worse than dOlllg nothing HOPE NOW IS sending outreach letters to borrowers likely to be facing trouble, and has expanded a toll-free number where concerned homeowners can talk to mortgage counselors about their financial circumstances. Second, we are working to increase the availability of affordable mortgage solutions for these borrowers. The industry is developing modifications and other mortgage products that may allow more people to stay in their homes. HUD has Implemented FHASecure. whicll is already I'efinanclng more homeowners Into FHA mortgages I am very hopeful that Congress will pass a final version of an FHA modernization bill, so more borrowers will have the option of an affordable FHA mortgage. Third, we have led the industry to develop a systematJc means of efficiently moving able homeowners Into sustainable mortgages. The Industry came together and developed straight-forward crrterla to allow them to quickly identify borrowers who can't afford their mortgage reset, but have the fillancial wherewithal to continue to own their home. For the mortgages in thiS group, both the borrower and the Investor are better off if foreclosure IS avoided. The industry announced two weeks ago lIlat they Will now be able to fast-track these borrowers into mortgage modifications --which Will result In a 5-year IIlterest rate freeze for some mortgage holders. ThiS effort IS not an across-the-board mortgage payment freeze. There al'e many subprime borrowers who will be able to afford their higher mortgage payments. so they don't need help. Others Will not be eligible for fast-tracking, but will go through a longer process to demonstrate lIlat they can't afford the mortgage reset And, of course, some may not be able to afford any reasonable mortgage modification The fast-tracking of a significant portion of these subpnme borrowers IIlto a refinance or a modification frees up resources so that lenders can work with other borrowers. We are working to prevent a market failure by aVOiding foreclosures that otherwise would occur Just because someone wasn't reached in time or the system could not respond quickly enough to produce an outcome In the best Interest of the homeowners and the Investors who own the mortgages And let me say to all of you here today - that if you, a frrend or family member IS worried about losing their home, please call the HOPE NOW hotilne or your mortgage servlcer immediately. http://www.treas.goy/press/releases/hp743.h tm 1/3/2008 Ip.743: Secretary Paulson Prepared Remarks <br>Before Stockton Housing Town Hall Meeting Page 3 of 3 Our plan won't prevent every foreclosure, and modification will be available only when it's a financially feasible and necessary solution. The industry has committed to repol1ing results of this effort, and we will measure our success by number of foreclosures prevented, not the number of mortgages modified. ThiS plan is neither a silver bullet, nor IS it perfect, but it is the best way to deal with the unprecedented volumes IIlat threatened to overwhelm the normal functioning of thiS market We can, and will, monitor the situation closely and do our best to address issues as they arise -30- Ittp:llwww.treas.gov/press/releases/hp743.htm 1/312008 hp-744: 6th Round of New Markets Tax Credit Competition Kicks Off; <br> Credits Available for $3.... Page 1 of2 December 18. 2007 hp-744 6th Round of New Markets Tax Credit Competition Kicks Off; Credits Available for $3.5 Billion in Investments to Help Low-Income Communities Washington - The US Department of the Treasury announced today the openlllg of the sixth round of competition for tax credits on $35 billion of equity investments under the New Markets Tax Credit (NMTC) Program The NMTC Program attracts private-sector capital investment into the nation's urban and rural low-income areas to help finance community development projects, stimulate economic growth and create Jobs "I am very Impressed with how this program IS making significant Impact in lowIncome communities across the nation," said CDFI Fund Director Donna Gambrell. "Capital IS bell1g raised and invested into projects many thought of as Just a dream - from critically needed community facilities and charter schools to grocery stores and other bUSinesses." To date. the organizations awarded tax credits on $121 billion in equity IIlvestments in the first four rounds have already raised $8.84 billion in equity from investors. Through fiscal year 2006, these allocatees reported deploYll1g a total of $5.45 billion in qualified loans and Investments in low-income communities across the nalion. Since the program's IIlception, these allocatees have reported • • • • Developing or rehabilitatlllg over 46 million square feet of commercial real estate: Creating 146,000 full-time construction jobs; Creating or mall1tainlllg 20,000 full-time jobs through loans or investments supportlllg businesses operaling in low-illcome communities: and Provldlllg FinanCial Counseling and other related services to 1,200 busillesses. This year's NMTC allocation round will include an emphasis on placing IIlvestments in underserved rural communities The allocation application deadline IS March 5, 2008. To Learn More Guidance and applicalion materials on the Sixth round of the NMTC Program are available on the New Markets Tax Credit Program webpage of the CDFI Fund's webSite at The CDFI Fund will be conducting SIX Application Workshops on the NMTC Program around the country In January 2008. The purpose of these workshops is to describe how the NMTC Program works, including how to apply for certification as a CDE and how to apply for all allocation of NMTCs 111 the upcomlllg round The Application Workshops will be held III the cities listed below. To learn more detailed information about these workshops or to register, please viSit the CDFI Fund's webSite at Charleston, WV Detroit, MI Miami, FL Oklahoma City. OK Portland, OR Sioux Falls, SO January January January January January January ~ttp://www.treas goYipress/releases/hp744.j1tm 15, 2008 7, 2008 18, 2008 9, 2008 8, 2008 10, 2008 113/2008 hp-744: 6th Round of New Markets Tax Credit Competition Kicks Off; <br> Credits Available for $3.... Page 2 of2 Background on NMTC Program The NMTC Program, established by Congress in December of 2000, permits individual and corporate taxpayers to receive a credit against federal income taxes for making qualified equity investments in investment vehicles known as Community Development Entities (CDEs) The credit provided to the investor totals 39 pel'cent of the cost of the equity investment and IS claimed over a seven-year period. Substantially all of the taxpayel's investment must In turn be used by the CDE to make qualified investments In low-income communities. Successful applicants are selected only after a competitive application and rigorous review process that is administered by Treasury's Community Development FinanCial Institutions (CDFI) Fund. -30- lttp://www.treas.goy/pressireleases/hp744.htm 11312008 hp-745: Paulson Statement on Passage of Mortgage Debt Forgiveness Bill Page 1 of 1 December 18, 2007 hp-745 Paulson Statement on Passage of Mortgage Debt Forgiveness Bill Washington, D,C--The Treasury Department released a statement from Treasury Secl'etary Henry M Paulson, Jr, upon passage of legislation that would provide temporary tax relief for homeownels facing incl'eased taxes due to forgiven mortgage debt. "I thank both the Senate and the House for their qUick passage of tillS Important piece of leglslatlo\1, Homeowners who restructure their mortgages to avoid foreclosure should not be tlit With a tax bill as a result. ThiS legislation will temporarily exclude homeowners who have restructured their mortgage loans from haVing to paying taxes on the mortgage debt forgiven, "Today's legislation is one piece of a larger plan the PreSident has put forward to help able homeowners avoid foreclosure, I'm also eager to see fillal Congressional action on the other pieces, including GSE and FHA reform and allowing state and local authorrtles more tax-exempt bond auttlonty to help homeowners refinance their existlllg loans, "Preventing avoidable foreclosures Will reduce the Impact of the hOUSing slowdown on homeowners, our communities, and our economy," -30- ttp://WWw.treas.~ov/press/releases/hp745.htm 1/3/2008 hp-746: Paulson Statement on Final Passage of AMT Patch Page I of 1 December 1g, 2007 hp-746 Paulson Statement on Final Passage of AMT Patch Washington, D.C.--The Treasury Department released a statement from Treasury SeCl"etary Hemy M Paulson, Jr. on final passage of a patch for the Alternative Minimum Tax (AMT) "I thank the House for taking action today on an AMT patch that will protect millions of Americans from an unexpected tax Increase this year With legislation now 011 the way to the President for his signature, the Internal Revenue Service can begin the rel11ainlng preparations for next year's filing season "The IRS IS dOlrlg all It can to have a fully successful filing season. However. It IS likely that there Will be some delays, including delays of some refunds. The Treasury Department and the Internal Revenue Service will do everything possible to keep American taxpayers Irlformed throughout the course of the upcomlrlg filing season" -30- ttp;//www.treas.gov/press/releases/hp746.htm 1/3/2008 hp-747: Media Advisory: <br> Treasury to Release Study Outlining Approaches to Address Competiti... Page I of I December 19. 2007 hp-747 Media Advisory: Treasury to Release Study Outlining Approaches to Address Competitiveness of U.S. Business Tax System The Treasury Depal-tment will release tomorrow a study on buslTless taxation and global competitiveness that addresses our current business tax system and outilTles broad approaches to reform to Inform the public policy debate on tile Issue Treasury ASSistant Secretary for Tax Policy Eric Solomon and Deputy Assistant Secretary for Tax AnalysiS Robert Carroll will provide a pen and pad briefing of the study The study IS a follow up to the July conference on business taxes that was hosted by Secretary Paulson. Who Assistant Secretary for Tax Policy Eric Solomon Deputy Assistant Secretary for Tax AnalYSis Robert Carroll What Pen and pad briefing on business tax study When Thursday. December 20. 1130 a.m. EST Where Media Room (4121) Treasury Department Note Media without Treasury press credentials should contact Courtney Forsell at (202) 622-2960. or with the following Information full name. Social Security numbel- and date of birth. -30- http://www.treasgov/press/releases/hp747. htm 1/3/2008 hp-748: Treasury Releases Semiannual Report on International Economic and Exchange Rate Policies Page 1 of 1 December 19. 2007 hp-748 Treasury Releases Semiannual Report on International Economic and Exchange Rate Policies The Treasury Departmellt released Its Semiannual Report on International Economic and Exchange Rate Policies today. A copy of the report IS available below. REPORTS • Ittp:llwww.treas.gov/press/releases/hp748.h tm 113/2008 hp·749: Approaches to Improve the Competitiveness of the U.S. Business Tax System for the 21 st Cen... Page 1 of 2 /0 view or Print me /-,UI- COlllpnl Of) IIlfS flilge. Clown/oau Ill(? Irbe December 20, 2007 hp-749 Approaches to Improve the Competitiveness of the U.S. Business Tax System for the 21 st Century A Summary Approach 1: Replacing the BUSiness Income Tax System Wltl, a BUSiness ActiVity Tax (BAT) • The BAT tax base would be gross receipts from sales of goods and services minus purchases of goods and services (including purchases of capital items) from other bUSinesses. • Wages and other forms of employee compensation (such as fringe benefits) would not be deduclible • Interest would be removed from the tax base -- It would neltl,er be Included in Income nor deductible. • Individual level taxes on dividends and capital gains would be retained Interest Income received by individuals would be taxed at the current 15 percent dividends and capital gains rates. • This approach IS eslimated to Improve economic performance, ultimately increasing the size of the economy by roughly 2.0 percent to 2.5 percent • This kind of reform would have various Implementation and admlnlstralive Issues. Approach 2: Broadening the Business Tax Base and Lowering the Statutory Tax Rate/Providing ExpenSing • • • • Broadening the bUSiness tax base by eliminating all special provIsions would allow: - The top federal bUSiness tax rate to be lowered to 28 percent - If accelerated depreCiation IS retained, the rate would drop only to 31 percent - Alternatively, acquisitions of new Investment could be parlially expensed (35% could be written off Immediately). - Treasury analyses show that the revenue-neutral rate reduction provides little economic impact. and expensing would provide benefits only to certain Industries. More Significant benefits to the economy and US competitiveness might be achieved through a substantially lower business tax rate (e.g. 20 percent) or greater expensing (e.g., 65 percent). - Such a reduction would require non-revenue neutral reform of the bUSiness tax system. The present U.S IIlternatlonal tax system may result In a compelitlve disadvantage for US companies competing With foreign-based companies. The present Internalional tax system distorts economic behavior by Discouraging repatriation of foreign earnings: and Encouraging Significant tax planning Approach 3: SpecifiC Areas of our Current BUSiness Tax System That Could be Addressed • • • • • Multiple taxation of corporate profits Corporate capital gains and diVidends received deduction Tax bias favoring debt finance Taxation of international Income Treatment of losses Book-tax conformity Ittp:llwww.treas.gov/presslreleases/hp749.htm 1/3/2008 hp-749: Approaches to Improve the Competitiveness of the U.S. Business Tax System for the 21 st Cen... Page 2 of 2 • Other areas to improve tax administration NOTE: The approaches presented in this study are not intended to be all InclUSive and do not favor one approach over another. REPORTS • ttp:11www.treas.gov/presslreleases/hp749.htm 11312008 Approaches to Improve the Competitiveness of the U.S. Business Tax System for the 21 st Century Office of Tax Policy U.S. Department of the Treasury December 20, 2007 Approaches to Improve the Competitiveness of the U.S. Business Tax System for the 21 st Century Table of Contents Executive Summary ........................................................................................................... i Chapter I: The U.S. Business Tax System Presents Challenges to U.S. Competitiveness ......................................................................................................... :... 1 A. Introduction ........................................................................................................... I B. Business tax reform and the economy ................................................................. 3 C. How business taxation in the United States compares with that of the United States' major trading partners .................................................................................... 6 D. Summary ........... ................................................................................................... 16 Chapter II: Replacing Business Income Taxes with a Business Activities Tax ....... 19 A. Introduction .... ..... '" ............................................................................................. 19 B. Description of a BAT .......................................................................................... 20 C. Economic effects of a broad-based BAT ........................................................... 22 D. Distributional issues ............................................................................................ 29 E. Border tax adjustments and international trade ............................................. 34 F. Simplicity and enforceability ............................................................................. 35 G. Implications for state and local governments ................................................... 36 H. VATs in other countries ..................................................................................... 37 Chapter III: Business Tax Reform with Base Broadening/Reform of the U.S. International Tax Rules .................................................................................................. 43 A. Introduction ......................................................................................................... 43 B. Broadening the business tax base and either lowering the business tax rate or permitting faster write-off of investment.. ................................................................ 47 C. Territorial tax systems ........................................................................................ 54 Chapter IV: Addressing Structural Problems with the U.S. Business Tax System. 66 A. Multiple taxation of corporate profits ............................................................... 66 B. Tax bias that favors debt financing ................................................................... 81 C. Taxation of international income ...................................................................... 84 D. Tax treatment of losses ....................................................................................... 89 E. Book-tax conformity ... ...... , ................................................................................. 96 F. Illustrative areas to improve tax administration ........................................... 101 Acknowledgements ....................................................................................................... 116 Executive Summary The global economy has changed markedly over the past half century. Trade and investment flow across borders in greater volume and with greater ease. Increasingly, the ability of U.S. companies to grow and prosper depends on their ability to do business globally. As we look to the future of the U.S. economy and U.S. workers, we must look at our competitiveness through the lens of the global marketplace. There are many factors that affect the ability of U.S. workers and U.S. companies to compete globally, and issues as diverse as education, immigration, and trade policy have all been examined in this context. This paper examines the role of tax policy in affecting the global competitiveness of U.S. companies and U.S. workers. In the 1960s, international trade and investment flows were much less important to the U.S. economy and the decisions of U.S. companies than they are today. Thus, the United States was free to make decisions about its tax system based primarily on domestic considerations. Moreover, our trading partners generally followed the U.S. lead in tax policy. Globalization - the growing interdependence of countries resulting from increasing integration of trade, finance, investment, people, information, and ideas in one global marketplace - has resulted in increased cross-border trade and the establishment of production facilities and distribution networks around the globe. Businesses now operate more freely across borders, and business location and investment decisions are more sensitive to tax considerations than in the past. As barriers to cross-border movement of capital and goods have been reduced, differences in nations' tax systems have become a greater factor in the success of global companies. Recognizing this, many nations have changed their business tax systems. During the past two decades, many of our major trading partners have lowered their corporate tax rates, some dramatically. The United States, which had a low corporate tax rate in the late 1980s as compared to other countries in the Organisation for Economic Co-operation and Development (OECD), now has the second highest statutory corporate tax rate among OECD countries. Moreover, other OECD countries continue to reduce their corporate income tax rates leaving the United States further behind. As other nations modernize their business tax systems to recognize the realities of the global economy, U.S. companies increasingly suffer a competitive disadvantage. The U.S. business tax system imposes a burden on U.S. companies and U.S. workers by raising the cost of investment in the United States and burdening U.S. firms as they compete with other firms in foreign markets. Taxing business income discourages investment by raising the cost of capital. The higher the cost of capital, the greater the disincentive to invest. The relatively high U.S. tax rate, compared to our trading partners, places a higher cost on investment. Business taxes playa particularly key role in the economy because they influence the incentive to acquire and use capital - the plants, offices, equipment, and software that corporations employ to produce goods and services. In general, an economy with more capital is more productive and ultimately attains a higher standard of living than economies that have accumulated less capital. Workers gain when businesses have more capital and, correspondingly, workers stand to lose when the tax system leads businesses to invest less and have a smaller capital stock. On July 26,2007, the Treasury Department hosted a conference on Global Competitiveness and Business Tax Reform that brought together distinguished leaders and experts to discuss how the U.S. business tax system could be improved to make U.S. businesses more competitive. The conference highlighted the need for the U.S. business tax system to be reformed to keep pace with the changing global economy and the changes in the business tax systems of other nations. This report is a follow-up to the July 26 th conference and, as with the conference, it seeks to advance an important dialogue on the key linkages between tax policy and American competitiveness in the global economy. Three broad approaches for reforming the U.S. business tax system are outlined: (1) replacing business income taxes with a business activities tax (BAT), a type of consumption tax, (2) eliminating special business tax provisions coupled with either business tax rate reduction or faster write-off of business investment, potentially combined with the exemption of active foreign earnings, and (3) implementing specific changes that focus on important structural problems within our business tax system. Rather than present a particular recommendation, this report examines the strengths and weaknesses of the various approaches. The various policy ideas discussed in this report represent just some of the approaches that could be considered. This report does not advocate any specific recommendation nor does it call for or advance any legislative package or regulatory changes. The approaches discussed in this report would improve the competitiveness of the United States as compared to the current system for taxing U.S. businesses. Nevertheless, the approaches differ in a number of dimensions. The BAT described in Chapter II would possibly provide the largest benefit in terms of its effect on expanding the size of the economy - ultimately increasing output by roughly 2.0 percent to 2.5 percent - but raises a number of serious implementation and administrative issues. Chapter III discusses base broadening, which could entail elimination of certain business tax provisions that make substantial contributions to economic growth, such as accelerated deprecation. Thus their elimination may offset some of the economic benefits of business tax rate reduction. While dramatically broadening the business tax base could finance a reduction of the business tax rate to 28 percent, retaining accelerated depreciation and maintaining revenue neutrality would only lower the business tax rate to 3 I percent. Alternatively, base broadening and faster write-off of business investment (i.e., 35-percent expensing) would have a substantial effect on the size of the economyultimately increasing output by roughly 1.5 percent - but would have effects that may vary considerably across industries and sectors. Chapter III also discusses international taxation and considers issues regarding territorial tax systems. 11 Chapter IV focuses on speci fic areas of business income taxation that could be refonned separately or in the context of a broad-based reform. These include, for example, the multiple taxation of corporate profits, the tax bias favoring debt finance, the tax treatment of losses, and book-tax conformity. A comprehensive approach, however, is likely to be more effective in improving the competitiveness of the U.S. business tax system than addressing specific issues outside of broad-based business tax reform. A fundamental question is the extent to which any of these approaches would markedly affect the competitiveness of U.S. businesses. Lowering the business tax rate to 31 percent would mean that instead of having the second highest statutory corporate tax rate among the thirty OECD countries, the United States would have the third highest tax rate, while with a 28-percent U.S. statutory corporate tax rate, the United States would have the fifth highest tax rate. Providing faster write-off of investment, either through partial expensing or replacing business income taxes with a BAT, may provide larger economic benefits, but would take the United States in a different policy direction. Moreover, today's global landscape continues to shift as other countries contemplate further changes in their business tax systems. Thus, it remains unclear whether a revenue neutral refonn would provide a reduction in business taxes sufficient to enhance the competitiveness of U.S. businesses. In summary, because the role of the United States in the world economy is changing, because business taxes play an important role in economic decision-making by influencing the incentive to acquire and use capital, and because foreign competitors are refonning their business tax systems, now is the time for the United States to re-evaluate its business tax system to ensure that U.S. businesses and U.S. workers are as competitive as possible and Americans continue to enjoy rising living standards. 111 Chapter I: The U.S. Business Tax System Presents Challenges to U.S. Competitiveness A. Introduction Americans deserve a tax system that is simple, fair, and pro-growth - in tune with the nation's dynamic economy. The tax relief proposed by President Bush and enacted by Congress in the past few years has helped lay the foundation for considering ways to ensure that the U.S. tax system helps U.S. businesses compete in a global economy. In 2005, the President established the President's Advisory Panel on Federal Tax Reform (the Tax Panel) to identify the major problems with the current tax system and to provide recommendations on making the tax code simpler, fairer, and better suited to the modern economy. The Tax Panel's report recommended two options for comprehensive overhaul of our federal income tax system - the Growth and Investment Tax plan and the Simplified Income Tax plan.! These approaches differ somewhat, but both would reduce taxes on business and capital income. In 2007, Secretary Paulson initiated a review of the nation's system for taxing businesses. On July 26, 2007, the Secretary hosted a conference on Global Competitiveness and Business Tax Reform, at which distinguished leaders and experts discussed how the current business tax system can be improved to make U.S. businesses more competitive in today's global economy. The conference highlighted the need for reform. The participants stressed that the business tax system has not kept pace with changes in the world economy. The United States has become increasingly linked to the world economy through trade and investment. Businesses operate more freely across borders and business location and investment decisions are more sensitive to tax considerations than in the past. Several countries have responded to the increasingly competitive environment by reforming their corporate incomes taxes and reducing corporate income tax rates. The conference participants expressed a conviction that in order for U.S. companies and U.S. workers to compete and thrive in today's global economic climate, the U.S. business tax system also must adapt to these changes. The discussion at the conference emphasized that the global economy is very different today than it was in the 1960s, the time when many of our current tax rules regarding cross-border activities and investment were first enacted. The same is true of the U.S. role in the global economy. In the 1960s, international trade and investment flows were much less important to the U.S. economy than they are today. Thus, the United States was free to make decisions about its tax system based primarily on domestic considerations. Moreover, U.S. trading partners generally followed the U.S. lead in tax policy. Circumstances have changed. Globalization - the growing interdependence of countries resulting from increasing integration of trade, finance, investment, people, information, and ideas in one global marketplace - has resulted in increased cross-border i The President's Advisory Panel on Federal Tax Refonn (2005), trade and the establishment of production facilities and distribution networks around the globe. Technology continues to accelerate the growth of the worldwide marketplace for goods and services. Advances in communications, information technology, and transport have dramatically reduced the cost and time required to move goods, capital, people, and infornmtion around the world. Firms in the global marketplace differentiate themselves by applying more cost-efficient technologies or innovating faster than their competitors. The significance of globalization to the U.S. economy is apparent from the statistics on international trade and investment. In 1960, trade in goods to and from the United States represented just over 6 percent of Gross Domestic Product (GDP). Today, it represents over 20 percent ofGDP, a three-fold increase, while trade in goods and services amounts to more than 25 percent of GDP. 2 Cross-border investment, both inflows and outflows, also has grown dramatically since 1960. Cross-border investment represented just over I percent of GDP in 1960, but by 2006, it was more than 18 percent of GDP, representing annual cross-border flows of more than $2.4 trillion,3 with the aggregate cross-border ownership of capital valued at 4 roughly $26 trillion. In addition, U.S. multinational corporations are now responsible for more than one-quarter of U.S. output and about 15 percent of U.S. employment. The internationalization of the world economy has made it imprudent for the United States, or any other country, to enact tax rules that do not take into account what other countries are doing. The U.S. system for taxing businesses should not hinder the ability of U.S. businesses to compete on a global scale. Thus, maintaining the competitiveness of the U.S. economy requires that the United States re-evaluate the current business tax system and consider how it can be designed to ensure that the United States continues to attract and generate the investment and innovation necessary to further advance the living standards of U.S. workers. th This rep0l1 follows up the Treasury Department's July 26 conference. It extends the discussion of business tax reform contained in the Tax Panel's report by focusing on the treatment of business and capital income, and it is shaped by the discussion at the conference on competitiveness. This report discusses three bold approaches for business tax reform: (I) a business activity tax (BAT) (a type of consumption tax), while retaining taxes on capital income through the individual income tax, (2) a broad-based, low-rate business income tax, potentially combined with the exemption of active foreign earnings, and (3) a broad-based business tax system with faster write-off of business investment, also potentially combined with the exemption of active foreign earnings. In addition, it provides ideas for other changes that could improve the current business income tax system. 2 3 4 U.S. Department of Commerce (2007). U.S. Department of the Treasury (2007). International Monetary Fund (2005). 2 B. Business tax reform and the economy Since 1980, the United States has gone from a high corporate tax-rate country to a low-rate country (following the Tax Reform Act of 1986) and, based on some measures, back again to a high-rate country today because other countries recently have reduced their statutory corporate tax rates. Within the Organisation for Economic Co-operation and Development (OECD), the United States now has the second highest statutory corporate tax rate at 39 percent (including state corporate taxes) compared with the average OECD statutory tax rate of 31 percent. Other countries continue to reduce their corporate tax rates. Germany will reduce its total corporate tax rate from 38 percent to 30 percent in 2008. The United Kingdom will reduce its corporate tax rate from 30 percent to 28 percent next year. France and Italy have signaled that they may also lower their corporate tax rates. Smaller countries among the OECD also have been particularly aggressive in cutting their corporate tax rates, with Iceland, Ireland, Hungary, Poland, the Slovak Republic, Greece, Korea, and Luxembourg reducing their corporate tax rates significantly in recent years. Maximizing economic efficiency generally requires that a tax system raise a given amount of revenue with the least possible interference in economic decisions. The United States' current system for taxing businesses and multinational companies has been developed in a patchwork fashion spanning decades, resulting in a web of tax rules that are unlikely to promote maximum economic efficiency. The U.S. tax system also disrupts and distorts business and investment decisions, leading to an inefficient level and allocation of capital through the economy. A smaller and poorly allocated stock of capital lowers the productive capacity of the economy and reduces living standards. Importantly, workers share in these economic losses because they have less productive capital with which to work, and thus earn lower wages. Taxation of saving and investment A key policy question is the appropriate level of tax on the return to saving and investment. Taxes on capital income discourage saving and capital forn1ation. Reduced capital formation provides labor less capital with which to work, lowering labor productivity and, consequently, living standards. Moreover, with the continuing decline in corporate tax rates abroad, the United States may become a relatively less attractive location in which to invest, further reducing U.S. labor productivity and living standards. The U.S. tax system also taxes investment income very unevenly across sectors, industries, asset types, and financing. Uneven taxation causes investment decisions to be based in part on tax considerations rather than on the fundamental economic merit of investment projects. For example, the United States taxes profits from an equity-financed investment in the corporate sector more heavily than the return earned on other investments. Corporate profits are heavily taxed because they are subject to multiple layers of tax: the corporate income tax, investor-level taxes on capital gains and dividends, and the estate tax. 3 The multiple taxation of corporate profits distorts a number of economic decisions important to a healthy economy. It distorts corporate financing choices by taxing interest eamed on corporate bonds less heavily than corporate profits. As a result, corporations are induced to use more debt than they otherwise would. It distorts corporate distribution policy by taxing dividends more heavily than corporate eamings that are retained and later realized as capital gains (primarily due to the deferral of gains until sale and the opportunity for step-up of stock basis at death). As a result, it confounds market signals of a company's financial health and may have important implications for corporate govemance. It also penalizes investment in the corporate form by taxing corporate income more heavily than other capital income. Consequently, it discourages investment in and through corporations in favor of investment in other less heavily taxed business forms (such as partnerships) or in non-business assets (such as owner-occupied housing). The double tax on corporate profits was reduced in 2003 with the enactment of lower tax rates on dividends and capital gains, although this relief, which focused primarily on equity-financed investment, did not completely remove the double tax. In contrast to corporate profits, the U.S. tax system taxes the retums to many other important investments very lightly, if at all. For example, some business investment is eligible for special tax treatment, and the retum eamed on investment in residential housing typically is not taxed at all. In some cases, special tax provisions are so generous that they actually subsidize the investment by making the net tax burden negative. These special tax provisions can encourage over-investment in the tax-favored activity. Even where they do not encourage over-investment, they substantially narrow the tax base and drive other tax rates higher, which may distort choices elsewhere in the economy. In addition, special tax provisions add complexity to the tax system and contribute to a substantial business tax compliance burden on the economy, estimated at $40 billion annually for business taxpayers. s Taxation offlow-through businesses The individual income tax also is important to the taxation of businesses. The non-corporate business sector and certain corporations (i.e., flow-through entities such as sole proprietorships, partnerships, and S corporations) are subject to the individual income tax on the business income of the owners or partners. Many of these businesses are small and are an important source of innovation and risk taking in the economy. These businesses and their owners benefited from the 2001 and 2003 income tax rate reductions. According to estimates by the Treasury Department, roughly 30 percent of all business taxes are paid through the individual income tax on business income eamed by the owners of flow-through entities. The importance of flow-through entities has grown substantially over time. This sector has more than doubled its share of all business receipts since the early 1980s, and plays a more important role in the U.S. economy as compared to other member countries of the OECD. Flow-through businesses account for one-third of salaries and wages and claim 27 percent of depreciation deductions. Moreover, flow-though income is concentrated in the top two tax brackets, with this 5 Slemrod (2005). 4 group receiving over 70 percent of flow-through income and paying more than 80 percent of the taxes on this income. Risk of standing still It is important to consider the effects of leaving the system for taxing U.S. businesses unchanged while other nations reform their systems. In general, inaction would make the United States a less attractive place in which to invest, innovate, and grow. The impact of allowing the U.S. tax system to stagnate and fall behind relative to other countries would be modest at first. The United States would see less benefit from inflows of foreign capital and investment, and U.S. firms would face a higher cost of capital than foreign firms, making it more difficult to compete in foreign markets. In the short run, this would translate into slower growth, less productivity, and less employment. Over the long run, however, the impact of the United States falling further behind its major trading partners is likely to become more dramatic. Industries that are relatively large producers or users of capital goods would be most affected. American manufacturers, for example, would find themselves especially disadvantaged by a tax code that causes them to face a higher cost of capital than their competitors in other countries. In a world of greater economic integration and increased trade and capital flows, a firm's decision about where to locate and expand its operations would be increasingly influenced by factors such as a country's corporate tax code and overall investment climate. 6 The current U.S. tax system clearly is not optimal and likely discourages investment in the United States. A more disturbing possibility is that the U.S. tax system may also slow the pace of technological innovation. The pace of innovation is a key determinant of economic growth, and innovation tends to take place where the investment climate is best. For example, new technologies are often "embedded" in new types of capital - a firm does not benefit from an increase in computer processing speed, for example, unless it purchases a new computer that incorporates the faster chip. Thus, firms do not reap the benefits of technological advances until new capital is brought into production. Similarly, higher investment can spur innovation by raising the demand for new technologies. Given this interplay between innovation and capital accumulation, allowing U.S. corporate taxes to become more burdensome relative to the rest of the world could result in a cumulative effect in which U.S. firms fall increasingly behind those in other nations. In addition, entrepreneurship would likely be more successful in an environment in which tax burdens are lower. Lower business tax rates are associated with increased business formation. The creation of new business enterprises is important in order to bring new ideas and new products to the market and, therefore, represents another channel by which business taxes can potentially influence innovation. 6 See Altshuler, Grubert, and Newlon (200 I). 5 Reforming the U.S. business tax system would raise capital accumulation and ultimately lead to a higher level of GOP and higher living standards for Americans. Some of this improvement in living standards may result from other economic effects, including the effects of firms relocating their plant and equipment, the additional dynamic effects of bringing new, more effective techniques into production, and potential effects on entrepreneurship. As capital moves more freely across borders, and emerging countries begin to approach U.S. levels of education and training, advantages that the United States currently has will erode. Tax burden differentials may become more important going forward than they have been in the past and, right now, the United States is becoming less competitive in that regard. C. How business taxation in the United States compares with that of the United States' major trading partners In an increasingly global economy, the choices that the United States makes for business taxation affect the ability of its businesses to compete with foreign firms subject to different tax regimes. A comparison of the U.S. tax regime with those of the United States' major trading partners may provide important guidance to U.S. business tax reform. International comparison of corporate and investor-level taxes Statutory corporate income tax rates Statutory corporate income tax (CIT) rates are the most common measure of the tax burden imposed on corporations. The first column of Table 1.1 shows total statutory CIT rates, incorporating sub-national taxes, where relevant, for OECD countries. The United States has the second highest statutory CIT rate (39 percent) in the OECD after Japan (40 percent). This compares with an average rate of 31 percent for the major industrialized economies. The evolution ofOECD corporate tax rates over the past two decades suggests that CIT rate setting is an interactive process subject to the pressures of international competition. Chart 1.1 shows the U.S. statutory CIT rate compared to the overall OECD rate weighted by GOP since 1982. In the early 1980s, the United States had a relatively high statutory CIT tax rate of nearly 50 percent (i.e., combined federal and average state CIT rate). The Tax Reform Act of 1986 lowered the U.S. federal CIT rate to 34 percent, and the U.S. combined CIT rate fell to 38 percent, well below the then prevailing OECD CIT rates. OECD rates trended steadily down over the ensuing decade, while the top U.S. federal CIT rate was increased to 35 percent in 1993. The average and median OECD statutory CIT rates fell below the U.S. CIT rate in the 1990s and have continued to decline. Now, the United States is once again a high corporate tax rate country. The decline in OECD corporate tax rates appears likely to continue. In 2008, Germany will reduce its CIT rate from 38 percent to 30 percent, and the United Kingdom will reduce its CIT rate from 30 percent to 28 percent, financed by base broadening. Italy's government 6 has proposed lowering its corporate tax rate from 33 percent to 27.5 percent in 2008, and cutting corporate taxes is also part of the current French government's policy platform. 7 Table 1.1: Statutory Corporate Income Tax Rates, Depreciation Allowances and Effective Marginal Tax Rates for Selected OECD Countries, 2005 Country Statutory Corporate Income Tax Rate Present Discounted Value of Depreciation Allowance Equipment (Equity) Effective Marginal Tax Rate* Equipment (Equity) Effective Marginal Tax Rate* Equipment (Debt) Percent 66 66 75 73 73 77 73 71 87 66 82 73 73 67 79 78 78 78 24 France United Kingdom Germany Greece Ireland Italy Japan Netherlands Norway Portugal Spain Sweden Switzerland 30 25 34 36 26 34 30 38 32 13 37 40 32 28 28 35 28 34 20 22 25 17 20 20 29 12 10 19 28 21 22 15 21 16 20 -23 -18 -35 -37 -23 -36 -28 -37 -40 -8 -48 -40 -29 -21 -29 -38 -29 -36 United States 39 79 24 -46 Average (Unweighted) 31 75 20 -32 G-7 Average (Unweighted) 36 76 24 -39 Australia Austria Belgium Canada Finland *Effective Marginal Tax Rates (EMTRs) are discussed in the following section. Source: Institute for Fiscal Studies, Corporate Tax Database, www.ifs.org.uk 7 BNA , Daily Tax Report (2007), Market News International (2007). Chart 1.1: The U.S. Corporate Tax Rate Currently Exceeds the Average OECD Corporate Tax Rate Percent 55 Average and Median Statutory Corporate Tax Rates (National and Subnatlonal) U.S. and 22 OECD Countries 1982·2005 ---- 50 • ~ \ -, "- "- # "- # '\ '\ 45 • ---- -... ....... ..",r- _ _ , \ \ \ 40 \ \ -- -- --- - - - - - 35 ...... Non-U.S.OECD Median 30 , , ~------------------------------------------------------~ 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 Source: Institute for Fiscal Studies (www.ifsorg) and the Organisation for Economic Co-operation and Development (www.oecd.org) Several factors contribute to the increased competition in corporate tax rates. The rapid increase in international capital mobility over the past two decades has made corporate investment more sensitive to relative CIT rates. Capital market integration has been particularly pronounced within the European Union, whose members' ongoing CIT reductions are, to some degree, reacting to the low CIT rates in Eastern Europe. Increasingly sophisticated tax planning methods may also be contributing to increased tax competition among OECD countries. Effective marginal tax rates (EMTRs) Statutory corporate tax rates provide an incomplete picture of the corporate tax burden because they reflect neither the corporate tax base nor investor-level taxes. Depreciation allowances - the rate at which capital investment costs may be deducted from taxable income over time - are a key determinant of the corporate tax base and an important factor distinguishing the statutory CIT rate from the effective marginal CIT rate (EMTRs). The EMTR combines corporate tax rates, depreciation allowances, and other features of the tax system into a single measure of the share of an investment's economic income needed to cover taxes over its lifetime. This measure of the "tax wedge" between the before-tax and after-tax return on an investment is measured relative to the before-tax return. The EMTR varies depending on the source of finance - debt or equity - because interest is generally deductible, but dividends are not. The required rate of return for debt-financed investment, therefore, is lower than the required return for equity-financed 8 investment in proportion to the CIT rate. This lower discount rate also increases the present discounted value (PDY) of depreciation allowances for debt-financed investment. In fact, due to interest deductibility and accelerated depreciation, the corporate EMTR on debt-financed investment is negative for all OECD countries, implying a tax subsidy for debt-financed investment. (However, incorporation of individual-level taxes on interest income generally restores taxation of debt-financed investment to a positive rate.) Thus, in addition to affecting the allocation of capital across borders, the corporate tax also affects financing decisions, favoring the use of debt finance instead of equity finance. Column 2 of Table 1.1 shows the importance of depreciation allowances for explaining differences in corporate tax bases (and EMTRs) for OECD countries. A PDY of one is equivalent to immediate write-off (expensing) of investment, while a PDY of zero means that investment is non-depreciable. If the rate of tax depreciation equals the rate of economic depreciation (and there is zero inflation), then the EMTR for equityfinanced investment equals the statutory CIT rate (and the EMTR on debt-financed investment equals zero). Most OECD countries offer accelerated depreciation for equipment investment, such that their equity EMTRs are lower than their statutory tax rates. In contrast to its high statutory CIT rate, the United States has relatively generous depreciation allowances for equipment, with a PDY of79 percent. In the OECD, only Greece and Italy have more generous depreciation allowances. The trend in OECD depreciation allowances over the past two decades has been toward slower depreciation, as countries have at least partially offset CIT rate cuts with corporate base broadening. According to the Institute for Fiscal Studies, the average PDY of OECD depreciation allowances fell from 82 percent in 1980 to 75 percent in 2005. Depreciation allowances among the G-7 also declined during the same period, but s remained generally higher, falling from 85 percent to 76 percent. The corporate EMTRs for equity-financed and debt-financed equipment investment, respectively, for the OECD countries are shown in Columns 3 and 4 of Table 1.1. The U.S. EMTR for equity-financed equipment investment, 24 percent, is above the OECD average of20 percent, but equal to the G-7 average. The U.S. EMTR for debtfinanced investment in equipment, -46 percent, is below average for both the G-7 (-39 percent) and the OECD (-32 percent). These figures illustrate the divergent influence of statutory CIT rates on equity and debt EMTRs. A higher CIT rate produces a higher equity EMTR but a lower debt EMTR because the value of the interest deduction increases with the corporate tax rate. The above-average U.S. statutory CIT rate thus contributes to a below-average debt EMTR. Indeed, the United States has the greatest disparity between debt and equity EMTRs in the OECD, possibly resulting in a more pronounced tax bias of financing decisions in the United States than in other OECD countries. To gauge the net effect of statutory CIT rates and the size of the corporate tax base, empirical measures of the average corporate tax rate are sometimes considered, such as the ratio of corporate income tax revenues to gross domestic product (GOP). 8 Institute for Fiscal Studies, Corporate Tax Database, www.ifs.org.uk 9 Over the period of 2000 through 2005, the average ratio of corporate income tax revenues to GOP for the OECD was 3.5 percent; for the United States, the average ratio was 2.2 percent. Thus, the high U.S. corporate tax rate does not result in higher corporate tax revenue relative to GOP due to the narrowness of the U.S. corporate tax base. The narrow corporate tax base results not only from accelerated depreciation allowances, but also from special tax provisions for particular business sectors (such as domestic production activities) as well as debt finance and tax planning. Emerging market countries Because U.S. corporations are increasingly investing in and competing with corporations in emerging markets, comparison of the U.S. corporate tax regime with those of major emerging market countries is also important. Table 1.2 shows statutory CIT rates, depreciation allowances, and corporate effective marginal tax rates for three large, emerging market U.S. trading partners - China, India, and Mexico. Their domestic statutory CIT rates are fairly close to the OECD average of 31 percent. However, both China and India have levied corporate tax on domestic and foreign investors at different rates. In China, while the total statutory CIT rate on domestic firms was 31 percent (equal to the OECD average), special low rates of 15 percent to 24 percent were accorded foreign corporations investing in particular sectors and geographic regions. Although China has recently passed legislation that will unify its domestic and foreign corporate tax rate at 25 percent - substantially below the OECD average - it will continue to offer special tax relief for investment in particular sectors and regions. India, conversely, taxes foreign investors more heavily than domestic firms. The statutory CIT rate faced by foreign corporations is more than 10 percentage points higher than the 34-percent rate levied on domestic firms. Mexico's statutory tax rate, 32 percent, is slightly above the OECD average. Table 1.2: U.S. vs. Emerging Market Country Tax Rates, 2006 Country Statutory Corporate Tax Rate Domestic Foreign PDV of Depreciation Allowance Equipment (Equity) Domestic Percent EMTR Equipment (Equity) Domestic China* India Mexico 31 34 32 15-24 45 32 48 51 53 34 36 33 United States 39 39 79 24 *Foreign investment in Chinese special enterprise zones is subject to a 15 percent or 24 percent CIT rate. China has passed legislation to unify its domestic and foreign corporate tax rates at 25 percent. Source: I nternational Bureau of Fiscal Documentation (2007b). 10 Depreciation allowances in these three emerging market countries, which have an average PDY of 51 percent, are markedly less favorable than the OECD average of 75 percent. Despite having domestic statutory CIT rates roughly equal to the OECD average, these three countries' broad corporate tax bases result in equity EMTRs that, with an average rate of 34 percent, are well above the OECD average of 20 percent. Individual-level taxation of corporate income Firm-level taxation provides an incomplete picture of the tax burden on corporate investment because corporate profits distributed in the form of interest, dividends, and capital gains are often subject to a second level of tax at the investor level. Because interest is deductible by the corporation, debt-financed investment is subject to only a single layer of tax at the investor level. However, dividends and retained earnings (which produce capital gains) may not be deducted by the corporation, so that equity-financed investment is frequently subject to "double taxation" - it is taxed first under the corporate income tax and then again under the individual income tax when distributed to investors as dividends or retained by the corporation and realized by investors as capital gains.') The importance of investor-level taxes for affecting investment decisions depends on the tax rate faced by the marginal investor. If the marginal corporate investor is taxexempt (such as a pension fund), then the corporate-level EMTR alone describes marginal investment incentives in the corporate sector. However, if the marginal investor is subject to taxes on corporate interest, dividends, and capital gains, then that layer also needs to be taken into account in calculating the EMTR on corporate investment. Typically, it is assumed that the marginal investor is a weighted average of business taxpayers that are tax-exempt and taxpayers who are subject to investor-level taxes. Most countries offer some type of integration scheme to alleviate double taxation, which usually takes the form of either: (1) reduced tax rates on (long-term) capital gains and dividends, (2) a tax imputation system, which gives the investor credit for part or all of the tax paid at the corporate level, or (3) a dividend exclusion combined with basis adjustments for corporate income that is retained by the firm. Another increasingly popular method of capital income taxation, sometimes referred to as the "Scandinavian system," is to tax interest, dividends, and capital gains at a single rate well below the top marginal rate on earned income. OECD countries offering partial or full imputation of dividend taxes include the United Kingdom, Canada, and Mexico. The United States, Japan, and India offer reduced tax rates on long-term capital gains (which the United States currently also applies to dividends), while Germany and France offer a 50-percent exclusion of dividend income. Countries that have adopted Scandinavian systems include Italy and 1o China. ') The return to these investments may be taxed again under the estate tax. 10 OEeD, Tax Database, www.oecd.org II .. Table 1.3 S?oWS t.he top statutory tax rates levied on residents' receipts of interest, dividends, and capital gams for the G-7 countries. The United States has an aboveaverage tax rate on interest, a below-average tax rate on dividends, and an average tax rate on long-term capital gains. Table 1.4 shows the integrated EMTRs for the G-7 countries calculated for a taxable domestic investor in the top marginal income tax bracket. The United States has an above-average EMTR for equipment investment financed with debt or retained earnings, and a roughly average EMTR for investment financed with new share issues. Table 1.3: Top Investor-Level Capital Income Tax Rates for the G-7, 2006 Interest Tax Rate Dividend Tax Rate Percent Capital Gains Tax Rate Canada France Gennany Italy Japan United Kingdom 46.4 27.0 47.5 12.5 16.3 40.0 30.0 23.0 23.7 12.5 30.0 25.1 23.2 26.0 23.7 20.0 10.0 10.0 United States 37.9 18.8 18.8 Unweighted average 32.5 23.3 18.8 Country Note: Where applicable, data include sub-national tax rates, dividend tax rates incorporate integration allowances, and tax rates are for long-term, large-scale investment. Source: International Bureau of Fiscal Documentation (2007a). Worldwide vs. territorial systems Another respect in which the U.S. corporate tax system differs from that of the majority of the United States' trading partners is in its taxation of corporations' worldwide earnings. U.S. corporations pay tax on the active earnings of their foreign subsidiaries when those earnings are paid out as dividends to their parent corporations (although credit is given for taxes paid on those earnings to foreign governments). The major alternative to a worldwide system is a territorial system in which the home country exempts all or a portion of foreign earnings from home-country taxation. Although a predominantly worldwide approach to the taxation of cross-border income was once prevalent, Table 1.5 shows that it is now used by roughly less than onehalfofOECD countries. Instead, many of these countries now use predominantly 12 territorial tax systems. To protect the integrity of investor-level taxes under the ind~vidual income tax system~ however, countries with predominantly territorial systems typI~ally do not exempt certaI.n foreig~ earnings of foreign subsidiaries, including earnm~s ge.nerate? ~ro~ ~oldmg mobile financial assets, or certain payments that are deductible m the JUrIsdictIOn from which the payment is made, such as foreign source royalty payments. Table 1.4: Integrated Effective Marginal Tax Rates for G-7 Countries, 2006 Retained Earnings** New Shares* Percent Country Debt Canada France Germany Italy Japan United Kingdom 5 \.8 12.6 56.8 -29.7 -49.0 46.1 63.4 49.9 64.0 29.0 49.9 55.8 5 \.8 43.7 58.7 28.3 25.3 38.8 United States 3 \.0 5 \.8 46.1 Unweighted average 17.1 52.0 4\.8 *The applicable tax rate for new share issues is the tax on dividends. **The applicable tax rate for retained earnings is the tax on long-term capital gains. The effective marginal tax rates on retained earnings assume 10 years of deferral. Source: International Bureau of Fiscal Documentation (2007a). Consumption taxes Another respect in which the U.S. tax system differs markedly from that of the United States' major trading partners is the reliance on consumption taxes. Table 1.6 11 shows OECO countries' usage of taxes on goods and services and taxes on general consumption. 12 It also shows the standard value-added tax (VAT) rate in OECD countries. The United States relies less heavily on taxes on goods and services than all other OECO countries, measured both as a percentage of GOP and as a share of total taxation. 13 As a percentage of GOP, taxes on goods and services in 2005 were 4.8 percent in the United States compared with the OECO average of 11.4 percent. As a percentage of total taxation, taxes on goods and services were 17.4 percent in the United States compared with the OECO average of 31.9 percent. Japan was the only other II Taxes on goods and services include all taxes and duties levied on the production, extraction, sale, transfer, leasing or delivery of goods, and the rendering of services, and certain other taxes. 12 General consumption taxes include value-added taxes, sales taxes and multi-stage cumulative taxes. 13 The tax levied in the United States on goods and services is imposed by most states in the form of retail sales taxes. 13 OECD country that was similar to the United States using those measures - taxes on goods and services were 5.3 percent of GOP and 19.4 percent of total taxation. Table 1.5: Territorial vs. Worldwide Treatment of Foreign Dividend Income by Country, 2005 Territorial (Exemption) Worldwide (Foreign Tax Credit) Australia* Austria Belgium Canada* Denmark Finland France** Germany Greece* Hungary Iceland Italy** Luxembourg Netherlands Norway Portugal* Slovak Republic Spain Sweden Switzerland Turkey Czech Republic Ireland Japan Korea Mexico New Zealand Poland United Kingdom United States *Exemption by treaty agreement. **Exemption of95 percent. Source: President's Advisory Panel on Federal Tax Reform (2005). The United States also relies less heavily on general consumption taxes (such as V A Ts and general sales taxes) than all other OECD countries. As a percentage of GOP, general consumption taxes in 2005 were 2.2 percent in the United States compared with the OECD average of6.9 percent. As a percentage of total taxation, general consumption taxes were 8.0 percent in the United States compared with the OECD average of 18.9 percent. Japan was the only other OECD country that was similar to the United States using those measures - general consumption taxes were 2.6 percent of GOP and 9.5 percent of total taxation. Finally, the United States is the only OECD country without a VAT, although most states impose retail sales taxes. 14 Table 1.6: Consumption Taxes among OECD Countries Country Australia Austria Belgium Canada Czech Republic Denmark Finland France Germany Greece Hungary Iceland Ireland Italy Japan Korea Luxembourg Mexico Netherlands New Zealand Norway Poland Portugal Slovak Republic Spain Sweden Switzerland Turkey United Kingdom United States Unweighted Average Taxes on Goods and Services* Percentage of Percentage Total ofGDP Taxation Taxes on General Consumption* Percentage of Percentage Total ofGDP Taxation Percent Value-Added Taxation** Standard VAT Rate 8.6 12.0 11.5 8.5 11.8 16.2 13.8 11.2 10.1 9.4 14.8 16.7 11.6 10.8 5.3 8.8 11.1 11.3 12.4 12.1 12.2 12.6 13.6 12.5 10.0 13.2 7.0 15.9 11.1 27.8 28.4 25.3 25.4 31.3 32.2 31.3 25.3 29.0 34.6 39.7 40.4 37.8 26.4 19.4 34.3 28.8 56.7 31.7 32.1 27.9 36.7 39.3 39.7 28.0 26.1 23.6 49.3 30.3 4.1 7.9 7.3 5.0 7.2 10.0 8.7 7.8 6.3 6.0 10.5 11.5 7.7 6.0 2.6 4.5 6.2 3.8 7.6 9.0 7.9 7.7 8.3 7.9 6.2 9.4 4.0 7.1 6.8 13.4 18.9 16.1 15.0 19.2 19.9 19.8 17.1 18.0 22.2 28.1 27.7 25.1 14.6 9.5 17.5 16.1 19.1 19.5 23.8 18.1 22.5 23.8 25.1 17.5 18.5 13.4 21.8 18.6 10.0 20.0 21.0 7.0 19.0 25.0 22.0 19.6 16.0 19.0 20.0 24.5 21.0 20.0 5.0 10.0 15.0 15.0 19.0 12.5 25.0 22.0 21.0 19.0 16.0 25.0 7.6 18.0 17.5 4.8 17.4 2.2 8.0 0.0 11.4 31.9 6.9 18.9 17.1 'Figures are for 2005. "Figures are for 2006. Source: OECD, Revenue Slalislics(2007) and OECD Tax Database, www.oecd.org 15 D. Summary The U.S business tax system has not kept pace with changes in the global economy. The tax reforms enacted by the United States in the 1980s were followed by reforms in other countries. The U.S. statutory corporate income tax rate is now the second highest among the OECD countries, and the U.S. corporate effective marginal tax rate is roughly average, discouraging both foreign direct investment and labor productivity. The U.S. system for taxing businesses differs from those in other OECD countries in other important respects. The United States taxes corporations on their worldwide earnings, a once prevalent approach now used by less than one-half of OECD countries. Instead, many countries use predominantly territorial systems that exempt all or a portion of foreign active earnings from home-country taxation. In addition, the United States relies less heavily on consumption taxes than other OECD countries and is the only OECD country that does not have a V AT. The current U.S. system for taxing businesses clearly is not optimal. It includes ad hoc policies and special tax provisions that narrow the tax base and create distortions that divert capital from its most efficient use. This lowers the productive capacity of the economy. The U.S. business tax system needs to be designed to help U.S. companies and workers compete by taking into account the increasingly integrated global economy. With a view to future competitiveness, U.S. tax policy must respond to and anticipate changes in the global marketplace. The U.S. system for taxing businesses needs to be reevaluated to consider how it can be improved to attract and generate the investment and innovation necessary to advance the living standards of all Americans. The remainder of this report discusses approaches that could be considered for reforming the taxation of business income. Chapter II examines an approach that would replace business income taxes with a BAT (a type of consumption tax), while retaining taxes on capital income through the individual income tax. Chapter III explores an approach that would broaden the income tax base and use the revenues either to lower business income tax rates or permit more rapid write-off of business investment, potentially combined with the exemption of foreign active earnings. Chapter IV discusses specific areas of business income taxation that could be reformed separately or in the context of a broad-based reform. 16 References Altshuler, Rosanne H., Harry Grubert, and T. Scott Newlon. 2001. "Has U.S. Investment Abroad Become More Sensitive to Tax Rates? In International Taxation and Multinational Activity 2001, ed. J. Hines, 9-32. Chicago: University of Chicago Press. BNA Daily Tax Report. 2007. "Italian Tax Reform Embedded in Country's Budget Law for 2008," October 24,2007. www.bna.com Hodge, Scott A. and Chris Atkins. 2007. "U.S. Still Lagging Behind OECD Corporate Tax Trends." Tax Foundation Fiscal Fact No. 96. Institute for Fiscal Studies, Corporate Tax Database, www.ifs.org.uk International Bureau of Fiscal Documentation. 2007a. European Tax Handbook. Amsterdam: International Bureau of Fiscal Documentation. International Bureau of Fiscal Documentation. 2007b. Taxes and Investment in Asia and the Pacific. Amsterdam: International Bureau of Fiscal Documentation. International Monetary Fund. 2005. International Monetary Fund Coordinated Portfolio Investment Survey. Kahn, Gabriel and Luca di Leo. 2007. "Italy's Budget Targets Boosting Fiscal Order," Wall Street Journal October 1,2007. KPMG. 2007. KPMG's Corporate Tax Rate Survey. 2007. Market News International. 2007. "France Elections: Economic Platforms of Sarkozy and Royal," April 23, 2007. www.marketnews.com Organisation for Economic Co-operation and Development, Tax Database, www.oecd.org Organisation for Economic Co-operation and Development. 2007. Revenue Statistics 2007. Paris: Organisation for Economic Co-operation and Development. Organisation for Economic Co-operation and Development. Forthcoming. Tax Effects Foreign Direct Investment: Recent Evidence and Policy Analysis. Paris: Organisation for Economic Co-operation and Development. 011 President's Advisory Panel on Federal Tax Reform. 2005. Simple. Fair and Pro-Growth: Proposals to Fix America's Tax System. Washington, DC: U.S. Government Printing Office. 17 Slemrod, Joel. 2005. "The Costs of Tax Complexity," Presentation to the President's Advisory Panel on Federal Tax Reform, March 3,2005. The Economic Times. 2007. "FM Hints at Tax Cuts, Yields to Area-Wise Incentives." August 1,2007. U.S. Department of Commerce. 2007. Bureau of Economic Analysis news release, November 2007. http://www .bea.gov /newsreleases/nationall gdp/2007 /pdf/ gdp3 07p. pdf U.S. Department of the Treasury, Office of Tax Analysis. 2006. A Dynamic Analysis of Permanent Extension of the President's Tax Relief Washington, DC: U.S. Department of the Treasury, July 25, 2006. http://www .treas. gov/press/releases/reports/treasurydynamicanal ysisreporj jul y25 2 006.pdf U.S. Department of the Treasury. 2007. Report on Foreign Portfolio Holdings ofU.S. Securities. Washington, DC: U.S. Department of the Treasury, June 2007. http://www .treasury.gov /tic/shI2006r.pdf U.S. Department of the Treasury. 2007. Treasury Conference on Business Taxation and Global Competitiveness: Background Paper. Washington, DC: U.S. Department of the Treasury, July 23, 2007. http://www.treas.gov/press/releaseslreports/07230%20r.pdf 18 Chapter II: Replacing Business Income Taxes with a Business Activities Tax A. Introduction This chapter examines replacing present U.S. business income taxes with a broadbased Business Activities Tax (BAT), which is a type of consumption tax. Assuming a very broad base, a BAT imposed at a rate of roughly 5 percent to 6 percent would replace the revenue from current U.S. business income taxes. Under this approach the corporate income tax as well as the existing individual income taxes collected from pass-through entities (partnerships, sole proprietorships, and S corporations) would be replaced with a BAT. While business income taxes would be repealed and replaced by a BAT, the individual income tax that includes investor-level taxes on dividends and capital gains would be retained, and the tax treatment of interest received by individuals would be conformed to that for dividends and capital gains (i.e., taxed at the lower rates currently available for dividends and capital gains). For two reasons, this approach is estimated to improve economic performance, ultimately increasing the size of the economy by roughly 2.0 percent to 2.5 percent. First, because a BAT does not tax the normal retum to saving or investment,14 it is likely to stimulate additional saving and investment. Greater investment means businesses would have more capital, which increases workers' productivity, and ultimately improves living standards. Second, it would likely reduce a variety of tax distortions that arise under the current tax system due to the uneven treatment of investment and other . .. 15 economic activity. Because this approach entails repeal of the corporate income tax but retains the individual income tax, it could create incentives for individuals to accumulate passive investment income in the corporate form to defer or avoid paying individual investorlevel taxes on such income. It also could create incentives for business owners to minimize payments for their own labor services, which would not be deductible, to avoid income and payroll taxes. These issues could be addressed through special rules, which could create additional complexity. Other distortions may arise because a BAT base is unlikely to cover all consumer goods and services. For example, taxing consumer financial services under a BAT is difficult in practice and small businesses are often exempt from consumption taxes in other countries for administrative reasons. The remainder of this chapter describes a BAT and discusses the economic effects of this approach in more detail. It also describes the main features of the similar valueadded taxes (VATs) typically imposed in other countries. See Box 2.2 below for a description of the normal return to saving or investment. The estimate of the improvement in economic performance includes the effect of reducing distortions among investments in different sectors (such as the distortion between investment in the corporate sector and investment in owner-occupied housing), but does not include the effect of reducing distortions in the treatment of investment in different assets within the business sector (such as distortion in the treatment of investment in equipment and investment in buildings). 14 15 19 Replacing business income taxes with a BAT would be a bold reform. Indeed, it is a reform that has not been attempted in other countries. Nevertheless, it is possible to overemphasize the novelty of a BAT for the United States. Although perhaps not universally understood, the actual U.S. tax system is not a pure income tax, but a hybrid combination of an income tax and a consumption tax. 16 The U.S. tax system already has important features that move in the direction of a BAT. For example, accelerated depreciation is a step toward the immediate deduction of the cost of an investment that would be allowed by a BAT. Further, certain investment costs, such as investments undertaken by certain small businesses and the costs of producing certain intangibles, are currently allowed an immediate deduction, the same treatment as under a BAT. Thus, while the BAT approach outlined in this chapter is a consumption tax, it is worth noting that the U.S. tax system currently has some features that are similar. B. Description of a BAT A BAT is a tax on goods and services sold to consumers. Under a BAT, the tax base for each firm is the gross receipts from the sales of goods and services minus purchases of goods and services (including purchases of capital goods) from other businesses. Wages and other forms of employee compensation (such as fringe benefits) are not deductible and, therefore, the effective tax rate on labor could be increased, as discussed below. Under a BAT, financial flows, such as interest and dividends (whether received or paid), would not enter into the tax base. For the economy as a whole, the tax base of a BAT is the sales of real goods and services to consumers, because sales from one business to another have been deducted from the tax base. A BAT is similar to the VATs imposed in many countries around the world. These VATs, however, generally use a credit-invoice method. In contrast, a BAT uses a 17 deduction or subtraction method for calculating the tax. In a credit-invoice method, a business is taxed on all receipts but receives a credit for the amount of tax paid by the seller on the business' purchases. 18 ABATis also similar to a broad-based retail sales tax. 19 Calculation of a BAT To understand how a BAT works, consider the illustration below (Table 2.1) of how bread produced by a farmer, miller, and baker would be taxed under a BAT with a Auerbach (1996). Japan, however, operates a V AT with many subtraction method features. The Japanese V AT uses an annual accounting period, and taxpayers subject to the Japanese V AT derive the amount of their applicable credit for the V A T paid based on their total purchases from domestic entities, rather than based on the V AT paid as shown in a credit-invoice method. See Schenk (1995) and Japanese Ministry of Finance, Tax Bureau (2005). A BAT would have similarities to the current US business tax system by having an annual tax period and a tax return submitted by businesses to the taxing authority. 18 [n some countries, the credit-invoice V A T is referred to as a Goods and Services Tax (GST). 19 Sales taxes levied by state and local governments differ considerably from the ideal retail sales tax for many reasons, including the fact that some apply to many business-to-business sales that would not be taxed under an ideal retail sales tax or involve substantially narrow tax bases that exempt certaIn sales. 16 17 20 10-percent tax rate. In this example, the farmer grows wheat and sells it to the miller who makes flour for sale to the baker. In turn, the baker uses the flour to make bread: which is then sold to consumers. Table 2.1: Calculation of a BAT Economic Activity 1. 2. 3. 4. Sales Purchases Value added (lines 1-2) BAT (10% of line 3) Farmer Miller Baker Total $300 $0 $300 $30 $700 $300 $400 $40 $1,000 $700 $300 $30 $1,000 $100 Source: Department of the Treasury, Office of Tax Analysis. A BAT is calculated by subtracting purchases from sales at each stage of the production and distribution process. The baker, for example, applies a 10-percent tax rate to the $300 difference between total bread sales and purchase of grain and owes $30 of BA T. The farmer and the miIler calculate tax in the same way and the total BAT paid is $100. This is the same amount of total tax that would be paid under a 10-percent retail sales tax. The only difference is that the 1O-percent retail sales tax would be levied only on the final $1,000 sale to consumers. The BAT base In principle, a BAT would tax a broad range of consumption goods and services. 20 Most existing VATs, however, do not tax all consumption. Some goods are excluded for administrative reasons. Other goods are excluded, or taxed at preferentially low rates, in order to pursue policy or social objectives. Nevertheless, keeping the base of a BAT as broad as possible minimizes the distortions caused by the tax. Total consumption is the broadest conceivable BAT base. However, taxing total consumption would be impractical, if not impossible, for several reasons. First, some goods and services could be difficult to value, such as consumer financial services and government-provided goods and services. 2 ! Second, other goods and services, while perhaps easy to value, would raise difficult enforcement problems. For example, underreporting of sales by small businesses or casual service providers would be a problem under a BAT, as it is under our current tax system. Third, the taxation of some goods and services may raise measurement and bookkeeping challenges (e.g., spending that provides employees compensation that is nondeductible must be identified and See chapter III in Congressional Budget Office (1992). The annual consumption flows from the existing stock of owner-occupied housing and other consumer durables (e.g., automobiles) also would be difficult to value under a BAT. New housing and consumer durables could be taxed on a pre-payment basis. Tax would be imposed on the purchase price, which is equivalent in present value to a tax on the annual consumption flow. For a detailed explanation, see Bradford (1986). 20 21 21 separated from other business spending such as business meals). Of course, many of these issues represent significant challenges under our current tax system. Some goods may be viewed as especially desirable because their consumption benefits society as a whole. Because they provide benefits to others, there may be a policy reason to reduce or eliminate the rate of tax on "merit goods," such as education, health care, welfare services, cultural activities, and religious and charitable activities. Other goods, such as necessities, may be taxed at a low rate in order to reduce the tax burden on the poor. These might include medical care, food, electricity, heating oil and gas, and clothing. A lower rate for necessities is generally viewed as an inefficient way to address perceived regressivity, however, because the wealthy typically consume more than the poor, including with respect to most "necessities." Moreover, such special treatment would require a higher BAT rate for other consumption. C. Economic effects of a broad-based BAT Replacing the present system of business taxes with a broad-based BAT would likely improve economic performance by eliminating features of the present income tax that create economic distortions such as the tax penalty on saving and investment and the uneven taxation of economic activity. The Treasury Department estimates that this approach would ultimately increase the size of the economy by roughly 2.0 percent to 2.5 percent. Economic gains from replacing business taxes with a broad-based BA T The economic gains have two primary sources. First, a BAT lowers the tax on the return to saving and investment. (Box 2.1 discusses the effect of a consumption tax on saving and investment.) Replacement of the existing tax on business income with a BAT would lower the effective marginal tax rate on investment from its current level of 17 percent to 8 percent overall, and from 25 percent to 15 percent in the business sector. 22 The lower tax on saving and investment, which is likely to be quantitatively more important for producing economic gains than the more even taxation of economic activity, would increase capital formation, enhance labor productivity, and ultimately, increase living standards. Box 2.1: The Incentive to Save and Invest Under a Consumption Tax23 The key difference between an income tax and a consumption tax is that an income tax discourages savings while a consumption tax does not. Because a consumption tax imposes an equal tax on present and future consumption, it does not discourage saving for future consumption. In contrast, an income tax taxes the return to saving, thereby taxing consumption in the future more heavily than consumption today. 22 The effective marginal tax rate combines corporate tax rates, depreciation allowances, and other features of the tax system into a single measure of the share of an investment's economic income needed to cover taxes over its lifetime. This measure of the "tax wedge" between the before-tax and after-tax returns on an investment is measured relative to the before-tax return. 23 For a detailed discussion, see Slemrod and Bakija (1996). 22 An income tax discourages saving for the future by reducing the after-tax rate of retum received by the investor below the pre-tax rate of retum produced by the investment. An important feature that distinguishes an income tax from a consumption tax lies in how each treats the cost recovery of capital goods (i.e., the tax treatment of investment). Under an income tax, the cost of capital goods is deducted over time through depreciation allowances as the capital goods wear out, which results in the investor's after-tax retum faIling below the pre-tax retum. Under a consumption tax, the cost of capital goods is deducted fully in the year of purchase (i.e., capital is "expensed"), which results in the investor's after-tax retum exactly equaling the pre-tax retum. This occurs because, under a consumption tax, the value of the expensing deduction exactly offsets the tax on the ret~m to the investment (in present value) for the marginal, or break-even, investment. These points are illustrated in the following simple example of a business' investment decision under a 20-percent income tax and a 20-percent consumption tax (Table 2.2). Consider a business that has eamed $1,000 in profit. The business owner must decide whether to invest in a machine that will produce output next year that sells for 10 percent more than the machine's cost, after which the machine is totally wom out. If the business owner does not invest, he will pay $200 in tax on the $1,000 profit and will have $800 to spend on consumption - the same result under both the income tax and the consumption tax. For each tax, we now enquire: How much consumption can the owner obtain in the second year if he foregoes this $800 of first-year consumption and instead invests? Under the income tax, if the business owner invests in the machine, he will still pay $200 in tax in the first year and can buy an $800 machine. In the next year, given the 10percent pre-tax rate of retum, the machine produces $880 of output, which is taxable. Because the business owner can deduct the full $800 cost of the machine as depreciation in the second year, his taxable income is $80. The tax on the income is $16, and he is left with $864 in cash to consume. The owner gives up $800 consumption in the first year to obtain $864 consumption in the second year. Thus, after taxes he eams a rate of retum of 8 percent «$864-$800)/$800), which is less than the I O-percent pre-tax rate of retum that the investment produces. Under a consumption tax, the business owner who invests in the machine could deduct the fuIl $1,000 cost of a machine when it is purchased. This means that the business owner can invest $1,000 in the first year. Compared to consuming the proceeds, investing gives him a first year tax savings of $200, which he invests in the machine. Given a 10-percent pre-tax rate of retum, the $1,000 investment in the machine would be worth $1,100 in the next year. All of the $1, I 00 would be taxable, and there would be no deduction so that the business owner would be left with $880 after taxes. This $880 leaves hi~ with a 10-percent after-tax rate of retum on his investment because the aftertax cost of the $880 in year 2 is the $800 of consumption he gave up in year I. Under the 24 The full deduction in the year of purchase will offset (in present value) what economists call the expected nonnal return. Supra-nonnal returns would continue to be taxed under this type of consumption tax. 23 consumption tax the after-tax rate of return and the pre-tax rate of return are exactly equal. Stated somewhat differently, the time value of money on the $200 in tax savings generated by the investment (i.e., $20 given the I O-percent rate of return) just offsets the tax on the investment's return that is paid in the second year ($20), which eliminates the net tax liability on the rate of return. In present value terms, consumption tax liability is the same regardless of when the business owner consumes. Table 2.2: Comparison of Taxes on Investment under an Income Tax and a Consumption Tax Income Tax Consumption Tax Year I pre-tax income $1,000 $1,000 If income is consumed in year 1 Pre-tax income (= pre-tax consumption) Income tax (20%) Consumption tax (20%) After-tax consumption (pre-tax income minus tax) $1,000 $200 na $800 $1,000 na $200 $800 $1,000 $0 $200 na $800 $800 $1,000 $1,000 na $0 $1,000 $800 $880 $800 $80 $16 na $864 $1,100 $0 na na $220 $880 8% 10% If income is invested in year 1 Pre-tax income Less deduction for investment cost Income tax (20%) Consumption tax (20% on pre-tax income minus investment) Investment (pre-tax income minus tax) Memo: Taxpayer's cost for the investment (consumption given up) Potential consumption in year 2 Pre-tax cash-flow (i = 10%) Less depreciation Income from the investment (pre-tax cash-flow minus depreciation) Income tax (20%) Consumption tax (20%) After-tax consumption (pre-tax cash-flow minus tax) After-tax rate ofretum on investment' na = not applicable. 'The after-tax rate of return on investment is equal to: [(consumption in year 2/consumption forgone in year I) - I]. Source: U.S. Department of the Treasury, Office of Tax Analysis. Because a BAT does not allow businesses to deduct labor compensation, a BAT would add several percentage points to the tax rate on labor income. Thus, the economic benefits of greater capital formation would be offset to some extent by the reduction in labor supply caused by the higher tax rate on labor income. After accounting for the wage-increasing effect of a larger stock of capital and the wage-decreasing effect of a higher tax rate on wages, on net, the after-tax wage rate falls slightly under a BAT in the 24 Treas.ury Department simulations. However, the tax on the return to saving discourages WOrkl?g to finance future consumption, and so induces taxpayers to work too little. By ~owenng the tax on future consumption, a BAT's reduction in the tax rate on capital Income could help to push down the overall lifetime tax burden on labor. Second, a broad-based BAT would tax business activity more uniformly throughout the economy. The current taxes on business income distort the allocation of capital throughout the economy because they do not impose the same tax burden on all sources of capital. Tangible business capital (e.g., equipment, buildings) is unevenly taxed while owner-occupied housing and intangible capital (e.g., patents, trademarks) are generally not taxed at all or at very low effective rates. Current law's tax differentials encourage over-investment in low-tax assets and activities at the expense of more productive investments in high-tax assets. This reduces the value of the output produced with our nation's stock of capital because taxes, rather than economic fundamentals, affect investment choices. The more uniform treatment under a broad-based BAT would reduce a number of existing tax distortions that interfere with efficient consumption and investment decisions. However, narrowing of a BAT base through various special tax provisions, such as exemptions for food and drugs, would undermine the economic benefits of a BAT by reintroducing tax distortions. The current tax system also distorts a number of consumption choices. For example, the value of fringe benefits, such as employer-provided health care, is excluded from an employee's taxable income. In contrast, cash wages are generally taxable. The tax advantage of such fringe benefits over cash wages induces workers to over-consume fringe benefits and to under-consume other goods and services. Under a BAT, these tax distortions would be reduced because fringe benefits would not be deductible. It is commonly noted that consumption taxes place a tax burden on the value of wealth that exists at the time the consumption tax is imposed. The tax on wealth is unavoidable and so does not distort economic decisions. The tax occurs because the expensing of investment under a consumption tax reduces the value of old capital relative to new investment. Once the consumption tax is in place, all old capital would be worth less than an equally productive amount of new investment. The intuition is that old capital has already received the tax benefit from expensing, and has had its tax basis reduced accordingly, but must compete with new capital that has not been expensed. 25 Consequently, old capital is worth less than new capital. One particular aspect of the reduction in the value of old relative to new capital is that a consumption tax would reduce the value of assets in place at the time the consumption tax went into effect. Focusing on capital in place at the time of the tax change, this effect is perhaps most clearly seen by noting that this stock of capital is not allowed to be expensed (assuming no transition relief), but nonetheless the taxpayer has a zero basis. If the asset were sold, say for $100, the full proceeds would be subject to tax, so that the business owner would be left with only $80 after taxes, assuming a 20 percent consumption tax rate. For a new asset, the tax savings from expensing would offset in present value the tax paid on the investment's cash flow (including any tax paid on the sale of the asset). So the old asset would be worth 20 percent less that an equivalently productive new asset. 25 25 Compared to a world without the consumption tax, the value of old capital, including capital in place at the time of the tax change, would be reduced in proportion to the consumption tax rate. However, because under the BAT approach business income taxes would be replaced, the net effect on asset values must include not only the effects of the BAT, but also any effects from repealing business income taxes. It is important to note that current law business income taxes are not pure income taxes, which would have no effect on asset values. Instead, business income taxes under current law are hybrids of income and consumption taxes and have some degree of expensing that already reduces the value of old capital relative to new investment. Consequently, repealing business income taxes would raise the value of existing assets. The net effect on asset values depends on whether repealing business income taxes would raise asset values by a greater or lesser extent than imposing the BAT would lower asset values. Because the BAT tax rate is so low (roughly 5 percent to 6 percent), it seems likely that in some cases the net effect would be a negligible change or possibly an increase in value. 26 Thus, it is not clear that the BAT approach discussed in this chapter would lower asset values, which might mitigate the need for transition relief to address the impact on the value of existing assets. Nevertheless, in certain cases transition relief may be viewed as desirable to address possible windfall losses associated with the loss of existing tax attributes. For example, unused net operating losses or credits accumulated prior to enactment of a BAT could be phased out over a specified time period. Although transition relief can be provided with a view toward avoiding large changes in wealth, allowing transition relief would increase the cost of the approach and require a higher BAT rate, which would reduce a BAT's economic benefits. Nonetheless, it is important to note that if transition relief were financed by a higher BAT rate imposed over a fixed period of time (e.g., five or ten years), then transition relief would have no effect on the GDP and other benefits of a BAT in the long run. Inefficiencies and distortions created by replacing business taxes with a BAT Repealing business income taxes and imposing a BAT while retaining an individual income tax would create some inefficiencies and distortions. This section considers such inefficiencies and also potential distortions that would arise from a BAT that fails to cover all consumer goods and services, exempts small businesses and continues to require income to be calculated for certain purposes. Repealing the corporate income tax while retaining the individual income tax creates an incentive for individual taxpayers to accumulate passive investment income in the corporate form to defer paying tax on dividends, capital gains, and interest. Special rules to deal with these situations, such as the personal holding company tax and the Indeed, some rough estimates suggest that a BAT actuaJly could raise the value of assets in aggregate. For example, Auerbach (1996) estimates that the consumption tax aspects of current law cause corporate assets to sell at about an 8 percent discount relative to new assets and non-corporate assets to sell at about a 6 percent discount. If these estimates proved accurate, a BAT at a 5 percent or 6 percent rate would cause a small net increase in asset values in the aggregate. 26 26 accumulated earnings tax under present law, may be necessary but could also introduce . 27 ' complexity. Another issue is how the income of flow-though business entities, such as limited liability corporations, S corporations, partnerships, and sole proprietorships, would be treated under the BAT approach. Unlike C corporations,28 the income of flow-through entities would be taxable under the individual income tax when it is earned. To provide the same tax treatment for income earned by flow-through entities and income earned by C corporations, flow-through businesses could be treated as separate entities subject to the same rules as C corporations. Alternatively, if flow-through businesses were not required to be treated as C corporations, flow-through entities with positive income would have an incentive to elect to be treated as C corporations for tax purposes, because they would be exempt from income tax until that income is paid to the owners and taxed at the individuallevel. 29 However, flow-through businesses with losses from their business operations might choose to maintain their flow-through status. Because the individual income tax would be retained under the BAT approach, the business loss of a flow-through entity would be deductible from the owner's personal income (such as wages) in computing taxable income, as is the case under current individual income tax rules. In contrast, the owner of a C corporation is not allowed (nor would he be allowed under the BAT approach) to deduct the corporation's loss for individual income tax purposes. To help ensure the same treatment of operating losses for owners of flow-through businesses and C corporations, rules would be needed to prevent flow-through businesses that do not elect to be treated as C corporations from using business losses to offset ordinary income. Further, rules would be needed to determine how business losses would be treated for taxpayers with multiple business interests. Under a BAT approach, business entities (C corporations and entities treated as C corporations) would have an incentive to minimize the compensation paid to an owner for his own labor services because the owner's labor income would be taxable when it is received at individual income tax rates, and the business entity would not be permitted to deduct compensation payments. To the extent labor income is characterized as capital income and deferred, the Social Security and Medicare Trust Funds also would be The personal holding company tax was enacted when the highest corporate tax rate was lower than the highest individual income tax rate. This provision of current law is intended to prevent individuals from establishing a corporation to receive and hold investment income so that it would not be taxed at higher individual income tax rates. The tax is 15 percent of undistributed personal holding company income. The accumulated earnings tax applies if a corporation is formed or used to avoid personal income tax on its shareholders by accumulating earnings and profits rather than distributing them. The accumulated earnings tax rate is 15 percent of the accumulated earnings. These taxes are in addition to any regular income tax. 28 C corporations are entities that are subject to the corporate income tax under current law. 29 Under the existing "check the box" regulations, entities other than corporations are generally allowed to elect corporate tax treatment. Business entities that are sole proprietorships, partnerships or limited liability companies under state law are allowed to be treated as C corporations (and subject to an entity level tax) or, if they meet the eligibility criteria, as S corporations (not subject to an entity level tax). 27 27 affected. Rules requiring reasonable labor compensation would need to be retained, or even strengthened, to address this issue. 3D Additional issues arise from the imposition of a BA T. 31 Although a BAT is intended to apply equally to sales of goods and services by all business entities, certain services provided to consumers, such as financial services, would be difficult to tax under a BAT. Member countries of the Organisation for Economic Co-operation and Development (OECD) generally exempt financial services under their V ATs because of the difficulty of determining the value added in financial intermediation. Although a BA T can be imposed on financial services that are fee-based, such as safety deposit boxes, it is much more difficult to impose tax when the charge for the service is contained in the margin between the return paid to lenders and the amount charged to borrowers. Taxing financial services on a cash-flow basis is one approach, but that would create considerable complexity by requiring a different set ofrules for financial 32 services. Further, a BAT would entail difficult line-drawing as corporations would have to distinguish between the value added ofreal and financial transactions that are coupled, such as the purchase of a car financed by the seller. If only larger businesses are subject to a BAT (i.e., only businesses with sales above a certain threshold must charge BAT), then larger businesses might have an incentive to outsource work to exempt small businesses. Under a BAT, wages paid to employees would not be deductible, but fees paid to third parties, including possibly exempt small businesses, would be deductible, potentially leading to opportunities for tax planning. Rules to deal with this issue might be necessary and introduce additional complexity for businesses. Replacing business income taxes with a BAT would impose new burdens on businesses without fully relieving them of pre-existing tax compliance burdens. The retention of investor-level taxes under the individual income tax would require businesses to continue to calculate income in order to distinguish between dividends and the return of the investor's capital, because dividends and capital gains would continue to be taxable at the individual shareholder level, whereas the return of capital would not be taxable. Moreover, businesses would also have to comply with the new BAT. Concerns about growth of a BAT Some have asserted that V ATs, particularly if initially imposed at low rates, could be increased and, over time, lead to the growth in federal outlays as a share of GOP. This view is based, in part, on the following premises. First, because a V AT base is large, 30 Under current law, reasonable compensation rules are in place to prevent S corporations from paying owner-employees too little as wages in order to avoid payroll taxes. The rules are also in place to prevent C corporations from paying owner-employees too much compensation in order to reduce corporate income taxes. 31 Note that these issues may also arise if, instead of replacing the corporate income tax, a BAT were added to the current income tax system. 32 For a more detailed discussion of the treatment of financial intermediaries under a V AT, see Barham. Poddar and Whalley (1987), Poddar and English (1997). and Zee (2005). 28 small increases in the VAT tax rate can generate large amounts of revenue. Second, depending on how a V AT is administered, it could be perceived as an invisible tax if collected from businesses rather the households. 33 Third, because a V A T is a relatively economically efficient way to collect revenue, it is less costly to the economy to expand a V A T to finance a larger federal government. There are relatively few empirical studies on the relationship between the adoption of a V A T and the growth of government spending. 34 The empirical research, for example, has not been able to adequately address the direction of causality between the tax structure and the size of government. Casual empiricism suggests that countries without V A Ts, such as the United States, have smaller government sectors than countries with a V A T. More careful empirical work that controls for other factors that influence the relationship between the size of government and the presence of a V A T yield mixed results. The evidence is inconclusive on whether a V A T would facilitate the growth of government and well-known tax authorities disagree. 35 D. Distributional issues Broad-based consumption taxes, such as a V A T, are commonly criticized for being regressive. The extent to which this criticism is accurate depends on several factors including, for example, whether households are classified according to annual income, lifetime income, or annual consumption, assumptions regarding who bears the corporate income tax, and the extent to which economic behavior changes in response to imposing a V AT. In distributional analyses, when households are classified as rich or poor according to a broad measure of annual income, a V A T is generally found to be regressive because annual consumption falls as a percentage of annual income as annual income increases. 36 This method of classifying households' ability to pay is common because it is convenient and has intuitive appeal, and because detennining alternative, simple, and explainable classifications has proven difficult. It is used in the Treasury Department's distributional analysis of a BAT that is discussed below. Nonetheless, it is important to keep in mind that using annual-income measures can provide an incomplete and perhaps somewhat misleading metric of whether a household is "rich" or "pOOr.,,37 A conceptually preferable alternative to annual income is lifetime income, which gives a comprehensive measure of an individual's ability to pay taxes over his entire economic life. A lifetime perspective is important because a household's income can change from year to year. For example, most individuals' or households' lifetime earnings histories follow a hump-shaped pattern. Households in the lower annual income Of course, sales receipts to consumers could be required to separately list the V AT collected on the sale. 34 See, for example, Becker and Mulligan (2003). 35 Tait ( 1988), Stockfisch (1985) suggest that a VAT would not increase the size of the government sector, but McClure (1983) suggests that it would increase the size of the government sector. 36 For example, see Congressional Budget Office (1992). See also Feenberg, Mitrusi and Poterba (1997) and Mieszkowski and Palumbo (2002). 37 See, for example, Poterba (1989). J3 29 brackets contain not only those who are perennially poor, but also those who are temporarily poor due to unemployment or illness, those who are young but have high potential lifetime earnings (e.g., those just entering the work force), and those who are retired and are wealthy but have low incomes. Moreover, households tend to smooth consumption between low and high earnings periods. Therefore, some studies use annual consumption as a measure of well being. 38 Studies find that a V AT remains regressive when households are classified according to lifetime income, but the extent of the regressivity diminishes significantly.39 Most conventional distributional analyses of VA Ts also do not take into account that VATs continue to tax a significant portion of the return to investment - the supranormal return. Recognizing that both income taxes and VATs tax a significant portion of the return to investment can also change the distributional effects of a V AT in ways that are not considered in most distributional analyses, including those that the Treasury Department prepared for this report, and that are discussed in more detail in Box 2.2 below. Another factor that influences the progressivity of replacing business income taxes with a BAT is one's view regarding who bears the burden of the corporate income tax and personal taxes imposed on business income. 4o For decades it has been clearly understood that the corporate income tax is not borne exclusively by corporate shareholders, but is borne by households more generally. Consumers, workers, and owners of other types of capital all may bear the corporate income tax through higher prices, lower real wages, or lower returns, respectively. The extent to which the corporate tax is shifted from corporate equity owners to other economic actors depends on the details of the tax system, how the revenue from the tax is spent, the degree to which various economic actors respond to tax prices, the time frame of the analysis, and the details of the economy. Consequently, it has proven difficult to determine, precisely, who bears the burden of the corporate income tax. Research dating back to the early 1960s suggested that the corporate income tax might primarily be borne by owners of capital as the corporate income tax lowers the returns to all types of capital, not just capital used in the corporate sector. Capital shifts out of the corporate sector in response to the lower after-tax return offered by corporations. This research, however, assumed a fixed capital stock reflecting the dominant position of the United States in world capital markets at the time. If the capital stock varies either because of international capital flows or a savings response, the corporate tax (and, more generally, business taxes) may more easily be shifted to labor. While there remains uncertainty in this area of research, there is increasing evidence that suggests that the corporate income tax may be borne not entirely (or even principally) by owners of capital, but instead a substantial portion of the tax may be 38 When ability to pay is measured by annual consumption, then by definition the burden of a broad-based VAT is proportional. Casperson and Metcal f (1994). . . . . . 40 This issue is particularly relevant to an approach that entails replacmg current busmess mcome taxes WIth 39 a BAT. 30 shifted onto workers, affecting their wages and living standards. Globalization plays a role. In an open economy, with mobile capital, but immobile labor, a source-based tax like the corporate income tax could well be paid in large part by domestic labor. The intuition is simple: the incidence of a tax will generally fall on the input that is least mobile. In an international setting, where capital increasingly flows freely across borders, but labor is considerably less mobile, much of the corporate income tax will be borne by labor through lower real wages. This occurs because as capital flows out of the country, capital formation declines. As labor has less capital with which to work, labor productivity falls, which translates into lower living standards than would otherwise have occurred. The extent to which domestic labor bears a burden depends on the degree to which investment is internationally mobile and the extent to which the United States has the power to shift some of the corporate tax burden abroad by influencing the terms of international trade in its favor. One recent study, for example, finds that U.S. labor may bear as much as 70 percent of the corporate income tax burden when capital is perfectly mobile and the country lacks the ability to shift any of the burden abroad by improving 41 the international terms oftrade. That study and another recent stud/ 2 find that labor's burden is reduced when capital mobility is less than perfect or the United States has the power to affect the prices of traded goods and services produced in the corporate 43 sectors. In several recent papers, empirical research focusing on the relationship between cross-country variation in corporate taxes and wages finds that labor bears a substantial portion of the corporate income tax. 44 Again, the mechanism is less capital investment, which reduces labor productivity and, ultimately, living standards. While corporate tax rates change infrequently within a single country, many countries have had major corporate tax reforms over the last 25 years. These papers use these reforms to estimate the effects of corporate taxation. Whether these results, which may have been derived to some extent from the changes in tax rates among smaller economies, can be applied directly to the United States is an open question. Nevertheless, this empirical research suggests a link between corporate taxes and wages. Even without international capital flows, prominent economic models suggest that changes in the level of domestic savings may also result in a shift of much of the burden of the corporate tax onto labor. In these models, the corporate tax lowers the return to saving, which causes households to save less, which lowers the capital stock, which in tum reduces labor productivity and real wages. Both of the most commonly used theoretical economic models of the effects of taxes on household decisions about Randolph (2006). Gravelle and Smetters (2006). 43 Analyses of the incidence of the corporate tax that focus on international capital flows often assume that other countries do not change their corporate taxes in response to a change in the U.S. corporate tax. Under that assumption, for example, if the United States reduced its corporate tax rate and other countries did not change their corporate tax rates, the United States would attract more capital and labor would benefit from higher wages. However, if other countries responded to the U.S. rate reductIon by reducll1g theIr tax rates, capital inflows might be more modest and capital would be likely to bear more ofth~ corporate IIlcome tax. 44 Arulampalam, Devereux, and Maffini (2007), Hassett and Mathur (2006), and Felix (2007). 41 42 31 working, saving, and consuming suggest that a large fraction of the corporate tax is likely shi~ted on~o la~0r.45 Of ~ourse, the actual degree of shifting depends on the extent to WhICh s.avm~s IS responsIve to changes in taxes, a subject on which there is considerable uncertamty. Nevertheless, these models are highly suggestive that the burden of the corporate income tax shifts in large part to labor. Table 2.3: Distribution of the Federal Tax Burden Under Current Law and a Business Activities Tax With Two Assumptions on the Incidence of the Corporate Income Tax Income Percentile Corporate Income Tax Borne by Owners of Capital Administration's Policy Baseline* Business Activities Tax Labor Bears 70% of the Corporate Income Tax Administration's Policy Baseline* Business Activities Tax Percent of Federal Taxes Paid First Quintile Second Quintile Third Quintile Fourth Quintile Fifth Quintile 0.3 2.1 8.0 17.9 71.5 0.5 3.0 9.7 20.1 66.6 0.4 2.5 8.7 18.7 69.6 0.5 3.0 9.7 20.1 66.6 Bottom 50% Top 10% Top 5% Top 1% 5.5 54.9 42.0 23.4 7.4 48.3 34.4 16.4 6.3 52.2 38.9 20.5 7.4 48.3 34.4 16.4 Note: Estimates of 20 15 law at 2007 cash income levels. Quintiles begin at cash income of: Second $13,310; Third $28,507; Fourth $50,448; Highest $87,758; Top 10% $128,676; Top 5% $177,816; Top 1%$432,275; Bottom 50% below $38,255. *The Administration's policy baseline is similar to current law but assumes permanent extension of the 2001 and 2003 tax relief. Source: U.S. Department of the Treasury, Office of Tax Analysis. To reflect these differing views and build on the recent research, the Treasury Department prepared two sets of distributional analyses for replacement of business income taxes with a BAT (Table 2.3). In the first set of distributional analysis (columns 1 and 2), the traditional assumption employed by the Treasury Department - that the corporate income tax is borne entirely by owners of capital- is used. In the second set of distributional analysis (columns 3 and 4), the Treasury Department prepared tables that assume labor bears 70 percent of the corporate income tax. This analysis is consistent with one recent study,47 but perhaps more conservative than the recent trio of empirical Auerbach and Kotlikoff (1987) and Judd (2006). Bernheim (2002). 47 Randolph (2006). 45 46 32 papers discussed above. In both analyses, the BAT is distributed to the income sources capital and labor. Two conclusions can be drawn from Table 2.3. First, replacing business income taxes with a BAT tends to reduce the share of federal taxes paid by higher income taxpayers regardless of how much of the corporate income tax is borne by labor. Second, replacing business income taxes with a BAT is substantially less regressive when the current corporate income tax is assumed to be borne substantially by labor. The increase in the share of federal taxes paid by the bottom four quintiles (i.e., families with incomes up to $87,758) is only 3.0 percentage points rather than 5.0 percentage points when labor is assumed to bear 70 percent of the current corporate income tax. Box 2.2: Distributional Effects of Taxing Consumption It is sometimes suggested that a consumption tax is less fair than an income tax because the benefit of not taxing capital income accrues disproportionately to those with higher incomes. As has been noted, consumption taxes are generally less regressive from a lifetime perspective than an annual perspective. Consumption taxes may also be less regressive than often thought because a consumption tax and income tax base both include key elements of capital income. This point runs counter to conventional distributional analyses of consumption taxes, which broadly conclude that the major difference between a consumption and income tax is that the former imposes no tax on capital income. Capital income can be decomposed into four components: (1) the return to waiting (i.e., the opportunity cost of capital), (2) the return to risk taking (i.e., the risk premium for investing), (3) economic profit (i.e., the infra-marginal return to investing), and (4) the difference between expected and actual returns. The key to analyzing the different distributional effects of a consumption tax base and an income tax base is that a consumption tax exempts the first component of capital income - the return to waiting or opportunity cost of capital - from tax, while it is included under an income tax. The three remaining components - sometimes referred to as the "supra-normal" return - are taxed under both a consumption and income tax. To understand how a consumption tax subjects to tax some capital income, it is useful to consider exactly how the tax treats investment expenditures. Under a BAT, for example, a firm expenses its capital purchases. A successful investment generates a series of future cash flows to the firm. These future cash flows will be subject to tax, but the present value of the expected future series of tax liabilities using the opportunity cost of funds (e.g., the Treasury bill rate) will exactly equal the tax value of expensing the capital expenditure. What is important to recognize is that to the extent the future cash flows from the investment exceed (in present value) the initial investment, the excess (or supra-normal return) will be subject to tax under either an income or consumption tax. The general public can be viewed as a proportional shareholder in all enterprises a co-investor - under both an income tax or consumption tax. The public, in effect, shares in the rewards and risks to the extent returns are unusually high or low. Only the 33 return to waiting or w.hat economists call the opportunity cost of capital is exempt from tax under a consumptlon tax. Whether this distinction is important depends critically on how large the opportunity cost of capital is in relation to total capital income and who tends to receive this component of capital income. How important the appropriate conceptual treatment of supra-normal returns is to the distribution of the tax burden under a BAT is largely an empirical question. Gentry and Hubbard (1997) found that replacing the current income tax with a consumption tax . would be considerably less regressive than conventional analysis would indicate when the analysis recognized that the consumption tax would collect tax on supra-normal returns. In contrast, Cronin, Nunns, and Toder (1996) found that accounting for supranormal returns made little difference. E. Border tax adjustments and international trade V A Ts (of which a BAT is one type) are typically levied on a destination basis, in which goods are taxed according to where they are consumed. Alternatively, a V A T can be levied on an origin basis, in which goods are taxed according to where they are produced. An origin-based BAT taxes exports but not imports, and a destination-based BAT taxes imports but not exports. Border tax adjustments, which refund the accumulated BAT on goods that are exported and impose BAT on imports as if they were produced domestically, are needed to remove the tax on exports and impose the tax on imports under a destination-based BAT. Applying a BAT on a destination-basis and implementing border tax adjustments ensures that businesses may only claim deductions that are offset by corresponding inclusions. Closing the system in this way helps prevent tax evasion through cross-border transactions structured to generate tax deductions for payments to foreign parties. Border tax adjustments are commonly perceived as providing a trade advantage, although many argue that adjustments do not improve the balance of trade in the aggregate. 48 Any apparent cost advantage would be offset by differences in the real price level across nations as reflected through changes in exchange rates or in other prices. These price adjustments work over time to negate any permanent improvement in competitiveness. There could, however, be effects on specific sectors or industries within the economy. To illustrate the argument that border tax adjustments do not improve the balance of trade, consider a simple example. 49 Assume that the United States imposes a 25percent origin-based tax and that it exports 100 of X-goods at $10 each and imports from Europe 100 of M-goods at $10 each. Trade is balanced, exports and imports equal $1,000, and the exchange rate is € I per dollar. U.S. producers charge $10 for each X- Congressional Budget Office (1992) and Joint Committee on Taxation (1991). 49 See Viard (2004). 48 34 good and clear $8 after tax. European producers charge € I 0 for each M-good exported to the United States and clear €I O. Assume that the United States decides to border-adjust its tax system and imposes a 25-percent tax on imports and rebates the 25-percent tax previously imposed on exports. With the border adjustment, exports are tax free. As a result, U.S. producers need to charge only $8 for each X-good to receive $8, while European producers need to charge € 12.5 to receive €1 0 for each M-good exported to the United States. If exchange rates did not change, the lower price for U.S. exports would increase the number of Xgoods purchased abroad and the higher price for M-goods would reduce imports purchased by Americans. However, this situation cannot persist indefinitely because the number of dollars demanded by Europeans would have increased (because Europeans will desire more X-goods) while the number of dollars supplied by Americans would have fallen (because Americans will desire less M-goods). To restore balance in the foreign exchange market, the value of the dollar must rise by 25 percent to €1.25. At the new exchange rate, the number of dollars demanded and supplied return to balance. U.S. producers charge $8 for X-goods, which translates to € 10 at the new exchange rate and exports of X -goods stay at their original level. European producers charge €12.5 for M-goods sold in the United States, which translates to $10 at the new exchange rate, and U.S. imports remain at their original level. Absent flexible exchange rates, the real price level across nations would still adjust to achieve the same result, although the adjustment process might well take longer. Through the adjustment process, trade would ultimately be unaffected by the border adj ustments. 50 F. Simplicity and enforceability Like other taxes, a BAT would impose compliance costs on businesses that are required to calculate and pay it and administrative costs on the federal government to operate and enforce it. Some countries have encountered significant cases of evasion or 51 fraud in the operation of their V ATs, particularly with respect to VAT refunds. Several studies have estimated the federal government's administrative costs and businesses' compliance costs for a hypothetical V AT in the United States. Administrative and compliance costs of a V A T depend heavily on design features, such as whether there are multiple rates and the sales threshold for registration. The Treasury Department has previously estimated that the administrative costs of a credit-method V AT would be about $700 million per year when fully phased in, while other studies 52 indicate that the administrative costs may be as high as $2.3 billion. This conclusion depends on all goods and services being taxed equally. If exemptions are introduced, the impact on the trade balance will depend on tax rates applied to the imported or exported goods and services. 51 Decisions regarding SAT exemptions, thresholds, and zero-rating would affect the likelihood of fraudulent claims (Keen and Smith (2007)). . 52 U.S. Department of the Treasury (1984). The Congressional Sudg.et ~ffice (1992) estimated that the administrative costs would have been about $750 million to $1.5 bIllion In 1988. The General Accounting Office (1993) estimated that the administrative costs of a broad-based V.A: T would be $1.8 billion per year when fully phased in. These costs were estimated to decrease to $1.4 billIOn per year With a $25,000 small 50 35 The Congressional Budget Office estimated that the annual cost for businesses of complying with a V AT with a $25,000 smalI business exemption would have been from 53 $4 billion to $7 bilIion in 1988. About 90 percent of the cost would have been incurred by businesses with sales under $1 milIion. 54 These estimates suggest that a BAT may have a large potential compliance cost saving compared to the present business income taxes, which are estimated to be roughly $40 billion annually.55 However, as noted above, the extent to which business compliance costs would decrease depends upon the particular features of a BAT. In addition, some of the apparent cost saving from replacing business income taxes with a BAT may not occur if states retain their business . 56 Income tax systems. Further, as noted above, with a BAT that retains the individual income tax system, the benefits of replacing business income taxes with a single rate broad-based BAT would be counteracted to some extent because businesses would continue to have to determine income in order to distinguish between dividends and capital gains (which would be taxable at the individual level) from returns of the investor's capital (which would not be taxable). G. Implications for state and local governments Another effect of eliminating the federal corporate income tax would be the effect on the ability of states to administer their current business income taxes. Many states with business income taxes generally conform to the federal tax system and rely heavily on federal definitions of income and deductions. In addition, states build upon the federal structure of definitions and regulations, information reporting, and tax withholding. Without that structure, it would be extremely difficult for states to maintain their existing business income tax systems, and if they did maintain them, the simplicity gains from eliminating the federal business income taxes could be eroded. State and local governments also would be faced with the prospect of conforming their tax bases to the federal base, including both their retail sales taxes and state corporate income taxes. Deviations from the federal base would increase firms' compliance costs. If state and local governments primarily raise revenue by piggybacking on a federal BAT, tax rates could rise to a level that would make enforcement more difficult. On the other hand, to the extent state and local governments conform to a federal BAT, enforcement difficulties could be reduced. business exemption, and $1.2 billion per year with a $100,000 exemption. Th.e IRS (1993) estimated that the administrative cost of a V AT with a $100,000 exemption would be $2.3 bllhon In the second year of full implementation. 53 Congressional Budget Office (1992). . . , 54 In addition to these U.S. studies, a recent study for the UOited KIngdom estImated that the burden of preparing and filing V A T returns costs £ 170 per registered business (£ 120 million per year for 1.8 million . registered businesses). See HM Revenue and Customs (2006). 55 This compliance cost estimate includes both corporate and non-corporate bUSInesses. 56 Slemrod and Bakija (1996). 36 H. VATs in other countries Over 140 countries have VATs. Twenty-nine of the 30 OECD countries have VATs. The United States is the exception, although most states impose a retail sales tax. There are major differences in the rates and structures of the VATs in OECD countries (Table 2.4). The average standard VAT rate for OECD countries is 17.6 percent, but ranges from 5 percent (Japan) to 25 percent (Denmark, Norway, and Sweden). Six of the 29 OECD countries have standard V AT rates under 15 percent (Australia, Canada, Japan, Korea, New Zealand, and Switzerland). The remaining 23 countries have standard rates between 15 percent and 25 percent. Many countries also have reduced rates or zero rates. Reduced rates generally apply to basic essentials (e.g., medical and hospital care, food and water supplies), certain utilities (e.g., public transport, postal services, and public television), and certain socially desirable activities (e.g., charitable services, culture, and sports). Under zero rates (such as for exports), no tax is levied on the good or service and credit for V AT paid is allowed. In addition to reduced or zero rates, countries also provide V A T exemptions (i.e., sales are not taxed but V AT paid on purchases from other businesses is not recovered). Most OECD countries exempt sectors that are viewed as important for social reasons, such as health, education, and charities. Most countries also exempt certain sectors for practical reasons. Financial and insurance services are generally exempt because of the practical difficulties in determining the tax base. In addition, those services may be subject to specific taxes. Other activities that are sometimes exempt include postal services, letting of immovable property, and the supply of land and buildings. Approximately two-thirds of OECD countries offer exemptions for small businesses to reduce administrative and compliance costs. Businesses with sales below a specified threshold generally are not required to register for the VAT (Table 2.4). The threshold for exemption varies considerably, ranging from approximately $2,400 (Iceland) to $93,700 (United Kingdom). Ten countries have thresholds below $25,000 (Austria, Canada, Denmark, Finland, Gem1any, Greece, Iceland, Luxembourg, Norway, and Poland), and nine countries have thresholds of $25,000 or more (Australia, Czech Republic, France, Ireland, Japan, New Zealand, Slovak Republic, Switzerland, and the United Kingdom). Ten OECD countries report no general exemption threshold (Belgium, Hungary, Italy, Korea, Mexico, Netherlands, Portugal, Spain, Sweden, and Turkey). 37 Table 2.4: V A T Rates and Structure in OECD Countries* Country Australia Austria Belgium Canada Czech Republic Denmark Finland France Germany Greece Hungary Iceland Ireland Italy Japan Korea Luxembourg Mexico Netherlands New Zealand Norway Poland Portugal Slovak Republic Spain Sweden Switzerland Turkey United Kingdom Unweighted Average Standard Rate 10.0 20.0 21.0 7.0 19.0 25.0 22.0 19.6 16.0 19.0 20.0 24.5 21.0 20.0 5.0 10.0 15.0 15.0 19.0 12.5 25.0 22.0 21.0 19.0 16.0 25.0 7.6 18.0 17.5 17.6 Reduced Rate 10.0 and 12.0 6 and 12.0 5 8.0 and 17.0 2.0 and 5.5 7 4.5 and 9.0 5 and 15 14 4.8 and 13.5 4.0 and 10.0 3.0,6.0 and 12.0 6 8.0 and 13.0 7 5.0 and 12.0 4.0 and 7.0 6.0 and 12.0 2.4 and 3.6 1.0 and 8.0 5 Domestic Zero Rate ** yes no yes yes no yes yes no no no no yes yes yes no yes no yes no yes yes yes no no no yes yes no yes Threshold $ U.S. 36,496 24,229 23,622 68,439 5,910 9,081 85,061 18,637 12,912 2,442 50,495 75,188 10,163 26,846 5,274 10,580 87,209 42,373 93,700 *The standard rate applies to 2006. Information on reduced rates, domestic zero rates and thresholds applies to 2005. ** Domestic zero rate means tax is applied at a rate of zero to certain domestic sales. It does not include zero rated exports. Sources: OECD, Consumption Tax Trends, 2006, and the OECD Tax Database at www.OECD.org 38 References Arulampalam, Wiji, Michael P. Devereux, and Giorgia Maffini. 2007. "The Incidence of Corporate Income Tax on Wages," Mimeo, University of Warwick, September. Auerbach, Alan 1. 1996. "Tax Reform, Capital Allocation, Efficiency and Growth." In Economic Effects of Fundamental Tax Reform, eds. Henry 1. Aaron and William G. Gale, 2-73. Washington, DC: The Brookings Institution. Auerbach, Alan J. and Roger H. Gordon. 2002. "Taxation of Financial Services Under A VAT." American Economic Review 92(2): 411-416. Auerbach, Alan 1. and Laurence 1. Kotlikoff. 1987. Dynamic Fiscal Policy, New York, NY: Cambridge University Press. Barham, Vicky, Satya N. Poddar and John Whalley. 1987. "The Tax Treatment of Insurance under a Consumption Type, Destination Basis V A T." National Tax Journal 40(2): 171-182. Becker, Gary S. and Casey B. Mulligan. 2003. "Deadweight Costs and the Size of Government." Journal of Law and Economics 46: 293-340. Bernheim, B. Douglas. 2002. "A Note on Dynamic Tax Incidence." The Distribution of Tax Burdens, 2003. Elgar Reference Collection. International Library of Critical Writings in Economics, vol. 155,474-492. Cheltenham, U.K. and Northampton, Mass. Bradford, David F. 1986. Untangling the Income Tax. Cambridge, MA: Harvard University Press. Casperson, Eric and Gilbert Metcalf. 1994. "Is a Value Added Tax Regressive? Annual Versus Lifetime Incidence Measures." National Tax Journal47( 4): 731-746. Congressional Budget Office. 1992. Effects of Adopting a Value-Added Tax. Washington, DC: Congressional Budget Office. Cronin , Julie-Anne , James Nunns and Eric Toder. 1996. "Distributional Effects of Recent Tax Reform Proposals." Unpublished manuscript. Feenberg Daniel Andrew Mitrusi and James Poterba. 1997. "Distributional Effects of Adopting 'a National Retail Sales Tax." In Tax Policy and the Economy, ed. James Porterba, Vol. 11,49-89. Cambridge, MA: The MIT Press. Felix, R. Alison. 2007. "Passing the Burden: Corporate Tax Incidence in Open Economies." Chapter 1, Ph.D. Dissertation, University of Michigan. 39 General Accounting Office. 1993. Value-Added Tax: Administrative Costs Vmy With Complexity and Number o.fBusinesses. GAOIGGD-93-78. Washington, DC: General Accounting Office. Gentry, William M. and R. Glenn Hubbard. 1997. "Distributional Implications of Introducing a Broad-Based Consumption Tax." NBER Working Paper No. 5832, Cambridge, MA: National Bureau of Economic Research. Gravelle, Jane G. and Kent A. Smetters. 2006. "Does the Open Economy Assumption Really Mean That Labor Bears the Burden of a Capital Income Tax'?" B.£. Journals in Economic Analysis and Policy: Advances in Economic Analysis and Policy 6( 1): 1-42. Grubert, Harry and James Mackie. 2000. "Must Financial Services Be Taxed Under a Consumption Tax'?" National Tax Journal 53( 1): 23-40. Hassett, Kevin A. and Aparna Mathur. 2006. "Taxes and Wages." American Enterprise Insitute for Public Policy Research, Working Paper Number 128, June. HM Revenue and Customs. 2006. "Filing VAT and Company Tax Returns." Report by the Comptroller and Auditor General, HC 102 Session 2006-2007, December 13. Internal Revenue Service. 1993. Administrative Issues in Implementing a Federal Value Added Tax. Washington, DC: Internal Revenue Service. Japanese Ministry of Finance, Tax Bureau. 2005. An Outline ofJapanese Taxes. Tokyo, Japan. Joint Committee on Taxation. 1991. Factors Affecting the International Competitiveness of the United States. Washington, DC: U.S. Government Printing Office. Judd, Kenneth L. 2001. "The Impact of Tax Reform in Modem Dynamic Economies." In Transition Costs of Fundamental Tax Reform, eds. Kevin A. Hassett and R. Glenn Hubbard, 5-53. Washington, DC: AEI Press. Keen, Michael and Stephen Smith. 2007. "VAT Fraud and Evasion: What Do We Know, and What Can Be Done?" IMF Working Paper WP/07/31. Lyon, Andrew B. and Peter R. Merrill. 1999. "Asset Price Effects of Fundamental Tax Reform." In Transition Costs of Fundamental Tax Reform, eds. Kevin A. Hassett and R. Glenn Hubbard, 58-92. Washington, DC: AEI Press. McLure, Charles E., Jr. 1987. The Value-Added Tax: Key to Deficit Reduction? Washington, DC: American Enterprise Institute. 40 McClure, Charles E. 1983. "Value Added Tax: Has the Time Come?" In New Directions in Federal Tax Policy for the 1980s, eds. Charls E. Walker and Mark Bloomfield. Cambridge: Ballinger. Mieszkowski, Peter and Michael Palumbo. 2002. "Distributive Analysis of Fundamental Tax Reform." In United States Tax Reform in the 2 I"l Century, eds. George Zodrow and Peter Mieszkowski, 140-178. Cambridge: Cambridge University Press. Organisation for Economic Co-operation and Development. 2006. Revenue Statistics 1965 - 2005. Paris: Organisation for Economic Co-operation and Development. Organisation for Economic Co-operation and Development. 2006. Consumption Tax Trends. Paris: Organisation for Economic Co-operation and Development. Poddar, Satya and Morley English. 1997. "Taxation of Financial Services Under a ValueAdded Tax: Applying the Cash-Flow Approach." National Tax Journal 50( I): 89-111. Poterba, James. 1989. "Lifetime Incidence and the Distributional Burden of Excise Taxes." American Economic Review 79(2): 325-330. Randolph, William C. 2006. "International Burdens of the Corporate Income Tax." Congressional Budget Office Working Paper Series 2006-09. Schenk, Alan. 1995. "Japanese Consumption Tax After Six Years: A Unique VAT Matures," Tax Notes International 11 (21): 1379-1393. Slemrod, Joel and John Bakija. 1996. Taxing Ourselves: A Citizen's Guide to the Great Debate Over Tax Reform. Cambridge, MA: The MIT Press. Stockfisch, J.A. 1985. "Value-Added Taxes and the Size of Government: Some Evidence." National Tax Journal 38(4): 547-552. Tait, Alan A. 1988. Value Added Tax: International Practice and Problems. Washington, DC: International Monetary Fund. U.S. Department of the Treasury. 1984. Tax Reform for Fairness, Simplicity, and Economic Growth, Vol. 3, Value-Added Tax. Washington, DC: U.S. Department of the Treasury. Viard, Alan D. 2001. "The Transition to Consumption Taxation, Part 2: The Impact on Existing Financial Assets." Federal Reserve Bank of Dallas Economic and Financial Review 2ndQ: 20-31. Viard, Alan D. 2004. Letter to the Editor. Tax Notes. October 4: 122. 41 Zee, Howell H. 1995. "Value-Added Tax." In Tax Policy Handbook, ed. Parthasarathi Shome. Washington, DC: The International Monetary Fund. Zee, Howell H. 2005. "A New Approach to Taxing Financial Intermediation Services Under a Value-Added Tax." Natiollal Tax lournal58( 1): 77-92. Zodrow, George R. 2002. "Transitional Issues in Tax Reform." In United States Tax Reform in the 2 j"1 Century. ed. George Zodrow and Peter Mieszkowski, 245-283. Cambridge, MA: Cambridge University Press. 42 Chapter III: Business Tax Reform with Base Broadening/Reform of the U.S. International Tax Rules A. Introduction The existing U.S. system of taxing capital income creates a number of distortions that interfere with the efficient and productive functioning of the U.S. economy. These distortions include: a tax disincentive to save and invest generally, caused by taxing the return earned on investment; a tax disincentive to invest in the corporate business sector, caused by the double tax on corporate profits; a tax incentive for corporations to finance with debt rather than with equity, caused by tax provisions that allow firms to deduct interest but not dividends; a tax incentive to engage in certain economic activities rather than others, caused by special tax provisions that are only selectively available; and a tax disincentive to repatriating foreign earnings. These distortions waste economic resources and lower the standard of living produced by the U.S. economy. 57 This chapter discusses approaches for reform of business income taxation that would broaden the tax base and either lower the business tax rate or provide a faster write-off of the cost of investment. It also discusses an approach for reforming the U. S. international tax system by moving to a territorial tax system. One approach for reforming the business tax system is to eliminate the various special business tax provisions in exchange for either lower business tax rates or faster write-off of business investment. This revenue-neutral approach would replace the vast array of special tax provisions, which are sometimes highly targeted to encourage particular economic activity, with broad tax relief for all businesses. Lowering the tax rate on business income (including both the corporate income tax rate and the tax rate imposed on non-corporate businesses) would help to reduce all five of the distortions enumerated above. A lower tax rate would reduce the tax on the return to saving and investing in the U.S. economy, thereby promoting U.S. saving and capital formation. Importantly, a lower rate would benefit both U.S. citizens and foreign companies doing business in the United States and would make the United States a more attractive place in which to invest. Lowering the corporate tax rate, by lowering the tax rate on profits, would help to reduce the tax penalty on corporate investment and the tax incentive for corporations to finance with debt rather than with equity. A lower tax rate also would reduce the benefit conveyed by many special tax provisions, thereby reducing the economic distortions caused by these special tax provisions. Finally, a lower tax rate would reduce the residual tax on repatriated foreign earnings. Rather than being used to lower the tax rate, the revenue from base broadening could be used to allow partial expensing. Partial expensing, by lowering the effective tax burden on business income, would in several respects have effects that are qualitatively similar to a reduction in the tax rate. Like a tax rate reduction, partial expensing would stimulate U.S. capital formation and reduce the tax penalty on business investment. 57 Several of these distortions are discussed in more detail in the U.S. Department of the Treasury (2007). 43 Indeed, as a policy to encourage investment, partial expensing has an advantage over tax rate reduction. The benefits of partial expensing are generally limited to new investment, whereas tax rate reduction provides a tax benefit to the return earned on new and old capital alike. Thus, partial expensing would encourage more investment per dollar of revenue spent than a tax rate reduction. Expensing also would benefit both U.S. and foreign investors alike, generally making the United States a more attractive place to locate businesses. To the extent that partial expensing is generally available for a wide variety of business investments, it would provide uniform treatment that would not encourage some types of investment over others for tax reasons. In contrast to rate reduction, however, partial expensing is unlikely to reduce the tax incentive for corporations to finance with debt rather than with equity, nor would it reduce the tax disincentive to repatriating foreign earnings. Broadening the tax base means repealing a wide variety of special tax provisions. Such repeal would help to remove taxes from investment decisions, allowing market fundamentals to drive investors' choices. By rationalizing the tax system, base broadening would add to the benefits of rate reduction. In another sense, however, base broadening works against a reduction in the tax rate or partial expensing because repeal of special tax provisions means a higher tax burden on those investments, and hence on average for all investments in the economy. This effect makes it less likely that the combination of base broadening and, in particular, rate reduction would dramatically increase the amount of capital used in the U.S. economy. Nonetheless, in other ways the revised tax system would generally be more efficient because it would have reduced to some extent distorting tax differences across sectors, assets, and financing. In other words, the tax system would be more neutral or uniform in its treatment of income earned on alternative investments. The size of the economic benefits achieved by revenue-neutral business tax reform is an empirical matter. Results depend on how much rate reduction or partial expensing can be achieved and on the effects of repealing specific special business tax provisions. The Treasury Department estimates that broadening the business tax base by eliminating a broad range of special tax provisions would allow the top federal business tax rate to be lowered to 28 percent or, in the alternative, would allow 35 percent of new business investment to be expensed (written off immediately), in either case without any 58 change in total federal revenues. In the Treasury Department's economic model, the economic benefit from such a revenue neutral rate reduction appears to be relatively modest, while the economic benefit of partial expensing is somewhat larger. As discussed more completely below, negligible or small gains seem especially likely when base broadening is used to finance a lower business tax rate. This raises the question of whether such a revenue-neutral reform would allow deep enough reductions in business taxes to improve the competitiveness of U.S. businesses. Lowering the top federal business tax rate to 28 percent would reduce the combined U.S. federal-state tax rate from 39 percent to 33 percent. 58 44 A larger tax rate reduction or greater partial expensing could potentially achieve larger economic benefits, stemming from a larger inflow of capital into the United States than the Treasury Department's economic model suggests. Such a reforn1 could not be financed by raising other taxes on business through base broadening, and so would have to be financed in some other way (e.g., by raising non-business taxes, by borrowing, or by cutting government spending). The net benefits would ultimately depend on how business taxes were reduced (rate reduction or partial expensing) and on the details of how the tax relief was financed. 59 I f financed by increased borrowing, for example, a reduction in business taxes, whether lower business tax rates or partial expensing, would at least partially be offset by the rise in interest rates as the extra government borrowing crowds out private investment. Nevertheless, the key point is that large reductions in U.S. business taxes (e.g., a 20-percent corporate tax rate or 65-percent expensing) could potentially produce larger economic benefits than the Treasury Department model suggests as the United States moves from its current position as a high-tax rate country to a low-tax rate country. The tax disincentive to repatriating foreign earnings, the fifth distortion enumerated above, could be addressed by moving to a "territorial" tax system. Under current law, U.S. corporations are taxed on their worldwide income and are provided a tax credit for income taxes paid to foreign governments. This foreign tax credit is generally limited to the amount of U.S. tax that would have been incurred if the income had been earned in the United States. The foreign earnings of a subsidiary of a U.S. corporation with an active business abroad (such as a manufacturing operation) are taxed by the United States only when those active earnings are repatriated as a dividend. Under the type of territorial system used by many U.S. trading partners, some or all active overseas earnings of their businesses are exempt from taxation in the home country. The present U.S. system for taxing the foreign source income of U.S. multinational corporations has several undesirable effects.6o The present system distorts economic behavior. For example, corporations may forgo U.S. investment opportunities to avoid U.S. taxes. The current system also distorts the choice of where to exploit intangible assets, such as patents, and the choice of where to locate income and expenses for tax purposes. Finally, the current system is very complex, and corporations may incur planning costs to restrict their dividend repatriations from abroad. A type of territorial system often referred to as a "dividend exemption" system would have several advantages as compared to present law. United States multinational corporations would no longer have an incentive to forgo U.S. investment opportunities to avoid U.S. tax on repatriated foreign earnings. Nor would they have to engage in elaborate tax planning to restrict such dividend repatriations. Such a system would, however, alter the U.S. tax treatment of royalties and certain other income subject to low foreign taxes. Under present law, foreign tax credits 59 For example, a 20-percent corporate tax rate or 6S-percent expensing for all new business investment could be obtained at a net revenue cost of about $1.2 trillion over 10 years. 60 For a detailed discussion, see Grubert and Mutti (2001), Grubert and Altshuler (forthcoming), and U.S. Department of the Treasury (2007). 45 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br... Page 1 of 1I December 19, 2007 hp-750 Transcript of Secretary Paulson and Governor Schwarzenegger Roundtable on Trade Long Beach, Calif. RANDY GORDON. Good morning, welcome to Long Beach My name IS Randy Gordon, I'm the President and CEO of the Chamber here And on behalf of our mayor, Bob Foster, and one of our most famous residents, former governor George DeukmeJian, I want to welcome you to this exciting sumlTlit. BUilding the California Economy. Our Chamber IS pleased to be one of the sponsors of this event today. want to thank our other sponsors, the LA Chamber, the Southern California Leadership Council, and the Los Angeles Economic Development Corporation It's my sincere pleasure to Introduce someone who doesn't really need an introduction, and someone who really understands how to build the California economy, and he understands trade, commerce and infrastructure, and he's a great fl'lend of business. Would you please welcome our Governor, Arnold Schwarzenegger. (Applause) GOVERNOR Thank you very much, Randy, for the nice introduction You must have had a couple of cups of coffee already, right? Yeah. That's very nice, I like that. He's all pumped up. And I want to thank all of you for being here today, this is really terrific. And I want to thank Secretary Paulson for being with us. He has Just come back from China from a trade mission, and is trying to strip away some of the trade barriers that are still existing. And he obViously has done a great Job, because I've seen him happy ever since he landed here. And also yesterday we did a wonderful event up in Stockton where he talked and addressed the sub-prime crisis that we are facing, and are in. And I Just want to say, Mr. Secretary, that you have done a spectacular Job yesterday. It's really amazing to see a room of around 200 people that were homeowners that are In trouble With their mortgage rates and With all of this mess that we are In, and he really made them all feel comfortable and good, and they all walked out and really felt like the federal government is on top of the situation. And so we really appreciate you making such a great effort. And also to be here today, and to talk to us a little bit about Infrastructure and about trade, and the things that we can do. So thank you very much. And I want to thank also Governor Deukmejian for being here today with us, and Senator Lowenthal IS here, and then Assemblywoman Karnette and Mayor Foster, thank you very much, a great mayor. And Mayor Dellums, my buddy here, my pump-up buddy here also with us, coming all the way down from Oakland And of course we are talking a lot about Oakland, because you have a great port up there, so we're going to talk about that. And Secretary Bonner is also with us. Where IS the Secretary? Right over here, yes. Thank you also for being here And DaVid Crane IS also here with us, thank you very much. I thank all of you again The Secretary IS going to talk about stripping away some of the trade barrrers, which is gOing to be advantageous and great for the United States, but it's also gOing to be great for California, because that means more trade for us. And as you know, that last year alone we had exports of 128 billion dollars worth of goods, and that is staggerrng. And I think that the more we strip away some of those obstacles, trade barriers. I think the more business we Will do and the more exports we will have. ThiS baSically represents -- you know, In our ports In California, Oakland and Los Angeles and San Diego, we bring In 40 percent of the cargo that comes mto the United States, comes through our pOliS, so it Just shows to you And I think that we have a great chance to increase that amount http://www.treas.gov/press/releases/hp750.htm 1/3/2008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br... Page 2 of I I The only tiling, I think, that we have to really pay attention to is to build the infrastructure so we can get our goods off the ports much qUicker And we have a major problem. I think that our trade IS a very important part of our economy, and I tllink that in California there are around 2 million people that are employed, that are trade-related in one way or the other, If It is moving goods or managing goods. or distributing goods and so on. But we are not operating right now With all 12 cylinders, that's for sure, and I thlilk it is because we don't get the goods off tile ports qUick enough. And thiS is why In my January 2006 State of the State Address I challenged the Legislators and the people of California that we should start rebulldlllg California. because we have to face the fact that California has not I)uilt for the last 30 years We did not keep up with the population growth. Our infrastructure that we have right now is for 18 or 20 million people, but sure not for 37 million people, If It has to do with transpoliatlon, or our schools, universities, our levees have not been fixed for all these years. So I think that It was really great to see in 2006 the Legislators make a commitment to start rebuilding California, and to make the commitment and then to send thiS In a ballot to the people. And the people have made also a commitment of 42 billion dollars In Infrastructure bondS. So now we are moving forward with all this. And the great thing IS not only that we have broken records In as much of the commitment that we made to rebuilding California, but also in how quickly the money is being appropnated. 8.4 billion dollars has already been appropnated. And we are already building. and we are full steam ahead With rebUilding California. the roads, transportation, schools, and so on, and also fixlIlg the levees and so on. But the reality of it is that If we really look closely at Callforl1la, It IS so far behind With the InfrastructUl'e that we need actually 500 billion dollars -- all of our agencies come up with the number 500 billion dollars -- to really rebuild California Now, we all know that that money cannot be raised through our bonds or anything like thiS. There's no way that our government can take on that challenge. And thiS IS why we are now looking IIltO, and I Will be talking more about that In my State of the State Address. whicll IS what I call P3, which IS public-private partnerships. This is where the aclion is. A lot of money is out there In the private sector, and we are going to push for public-private partnerships, because it's the only way we're gOing to raise that kind of money and really rebuild California fully. I think the 42 billion dollars, plus the 8 billion that we made in the commitment In rebuilding our prison system, the 53,000 new beds, which makes It altogether 50 billion dollars. And let's say we get the water bonds done. which IS another 10 billion dollars -- because we are right now negotiating for the water bonds to rebuild the Delta and the ecosystem up there and to get a better delivery system and more above and below the ground water storage. All of those things are belllg worked out But that will be another 10 billion dollars. Now we would have 60 billion dollars, but not 500 billion. So I think through public-private partnerships we will be able to do that And we have seen in Europe very successful public-private partnerships, we have seen It in British Columbia and in Vancouver, where they have wonderful publicprivate partnerships, or P3 as I call It, where trade IS happy, the trade unions are happy. the private sector is happy, the politicians are happy, the people are happy. So It'S a win/win situation. That's what we want to do also III California. So with that I Just want to say that I have great hopes that we can get thiS movlllg forward It is my responsibility as the governor to make sure that this Golden State stays the Golden State, and that we move forward, and that we can really live up to the fullest potential, 100 percent of the potential, In our economy We have a great economy, and the only hiccup we have nght now and the bump In the road IS the housing market. But we are gOing to overcome that. and that's why it IS also very Important that we pay a lot of attention to trade So With that, I Just want to say again thank you all for being here today, and I want to hand It over to Secretary Paulson now who is going to talk more about trade and about the economy and about public-private partnerships Thank you very much Secretary? (Applause) SECRETARY PAULSON: Thank you very much, Governor, and It'S an honor for http://www.treas.gov/press/releases/hp750.htrn 1/312008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br... Page 3 of I I me to be here with you. And as I look around this table at all of these Illustnous figures, let me remind you all that I'm relatively new to the political process. I've got a lot to learn there. I've spent a lot of time focusing on economic Issues and focusing on markets, and one thing I've learned since I've been In Washmgton is Democrats and Republicans both have a very strong interest In Ilavlng there be a strong Amenca with a strong economy It creates more and better Jobs. And so we're all united In lila!. And we have today a healthy economy, as the Governor said. in Amenca. In California. but we've got some challenges. I believe the economy is gOing to continue to grow. but it's my Job as Treasury Secretary to focus on the challenges. the turilloilill the credit markets, the housing downturn, and do everything we can to mlrlillllZe the spillover into our economy overall. And so we're focused on that And as the Governor said, we were together yesterday in Stockton Before gOlllg to Stockton I was III Kansas City. Mlssoun. and before that In Orlando. Florida And the focus was on hOUSing. on the downturn. promoting a plan which will prevent a market failure In the sub-prime area, and keep people In their homes wherever It'S possible to do so. So there's a big focus on that. There's no doubt that the housing problem, the problems III tt18 credit markets, are going to be a drag on our economy for some time Are there strengths? As the Governor said, one of the real strengths IS trade and exports There IS a strong global economy, markets are growlrlg around the world. and our exports are increasing. And you know, when I'm In thiS state it Just reminds me all the time that our busillesses and workers are the envy of the world In industry after Industry after Irldustry, we set the standard, we Innovate, we create, we define the future. And that's particularly so in California. SO It'S very important to stick to the principles that have made us great. And as the Governor said. that means fighting to open up markets for our products, our goods and services around the world, and keeping our markets open Now, I talked about the challenge we face in the credit markets and in hOUSing. There's another challenge we face in the U.S .. which is also a serious challenge, and that's the challenge of protectionism. And it's really ironic that at a time where we are more dependent than ever, and prosperous In terms of our trade, that some people are beginning to question the economic prinCiples that have made this country great. And even some economists are somehow or other It'S becoming fasillonable to recant economic prinCiples, and say maybe there's a different paradigm we need Irl thiS age of globalization. But trust me, globalization has not reversed economic gravity. Isolationism doesn't work, protectionism doesn't work. Your governor knows thiS, all of you know this, California knows thiS. I was looking at some statistics, and I'm sure the numbers are much better today, but in 2005 there were 51.000 companies In California that exported Into the global markets. and tllat's why I know your governor is making such a big emphaSIS on Irlfrastructure. which IS absolutely critical. But of those 51,000 companies, 95 percent of them employed 500 or fewer workers. So again, thiS IS not Just the Fortune 500 companies: thiS cuts across various industries and companies of all sizes In California. And so again, It'S Just so critical not to be isolationist, not to be protectionist. Now, PreSident Bush has been a real champion of open trade, open Investment, competition, economic dynamism. He Signed a bill last week which was a very. I think. a very noteworthy agreement, the free trade agreement With Peru. And tile reason I say it was noteworthy was thiS had bipartisan support, strong support from Democrats and Republicans In Congress, and It was the first of four free trade agreements. And we now need Congress to move quickly and to enact, so that the President can Sign, the next three, and those are Colombia, Panama, and Korea. Now, Colombia. President Uribe has got some tough challenges, he's making some tough deCisions. he's making progress. he deserves our support. Korea IS the eighth largest economy In the world In 2006 California exported more than 7 billion dollars of goods to Korea. But you've Just begun to tap that potenlial. and the free trade agreement would help you do so. And again, I'm not talking about economic theory here, I'm talklrlg about what can be proved We took a look at two free trade agreements which were signed in 2004. Chile and Australia. and http://www.treas.gov/press/releases/hp750.h tm 113/2008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br... Page 4 of II looked at the impact on California Since the Chile FTA was signed in 2004 California exports to Chile have gone up 150 percent Sillce the Australian agreement was signed exports have gone up 25 percent. So as the Governor said, these trade agreements help break down barriers, open ti,e way for the export of US. products, California products So they're very important. Now,the Governor mentioned China, and I got back from China very early Friday mornillg. And as a matter of fact, when I woke up this morning, I woke up very early, and I said to my Chief of Staff, Jim Wilkinson, I said, "You know, I feel like I'm 111 Chllla. I'm a little big jetlagged." And he said, "Well, be careful not to call for California to appreciate their currency." Because, as the Governor said -- well, first of all, to step back, I want to tell you the obvious about China. Ctllna IS an economy which is very important to California, because your exports to Chilla are growlllg very qUickly. So thiS is an Important market. Now, I unclerstand China is a tough political issue, partly because of the things they do, actions they take, but partly because China has become a symbol for the fears surroundlllg globalization But when I'm in China -- and I was, as I said, in China very recently, leadll1g a delegation for our Strategic Economic Dialogue with top officials in China And when I'm there, I make the case that they need to contll1ue to open their markets and appreciate their currency so that it really reflects economic fundamentals And I make the case that they need to speed up the process of reform. It's in their II1terest and it's in our interest, and it's in the whole world's interest. Now, there's a fair amount of tension 111 the US.lChina trade relations, but it IS very, very important that we keep this relationship on an even keel, thiS economic relationship. It's too important. We need to continue to build trade, particularly now, work to open the markets, because China is our fastest growing market for exports, and a healthy Chinese market economy is very important to the US, just like a healthy U S. economy IS very important to China So, in summary, let me say that in my 32 years in markets it was really clear to me, the overriding lesson, and It was that those countries that weren't afraid of competition, that opened themselves up to trade, competition and trade, investment and finance, benefited, and the rest of the world. others were left behind. And opening yourself up to this competition leads to innovation, it leads to better jobs, more jobs, it leads to a higher standard of living. There are many benefits. It produces an economic dynamism which you can just feel when you're out here in California. It must be something 111 the air, and there's just thiS economic dynamism. But economic dynamism brings with it rapid change, and in some Instances hardships and job losses. There's no doubt about it. But what we need to do is figure out how to deal with the job losses that come from trade, which are very viSible, and make sure that we don't turn protectionist, because the benefits of trade are reflected broadly across an economy with more better jobs and a higher standard of living for the people of this state and the people of our country. So again, what I would Just encourage all of us to do is to fight protectionist sentiments, encourage your Representatives and your leaders in Washington to support trade agreements, free trade agreements with Colombia, Panama and with Korea, and encourage the U.S to continue to trade freely, openly, and according to the principles of the global marketplace. So With that. I again look forward to the discussion, look forward to talking about some of the issues that the Governor raised. GOVERNOR. Thank you very much, Secretary. Really appreCiate your thoughts. (Applause) And now next I would like to have Mayor Ron Dellums say a few words, because Ron IS a great mayor of Oakland, and faces a lot of challenges, but has taken on those challenges and has been a great partner in the State of California. Of course that's one of the ports that are very important in order for us to be competitive and to increase trade and to fix the infrastructure So he has been really terrific. And also, terrific III bringing tourism back, because he's fighting gang violence, which is so Important, because people are always scared of when there's violence In the town, and people don't show up as much. But he has been dOing a great job 111 fighting the gang Violence and turning the whole thing around, ti,e whole city around. So it's great to have you here, so please say a few words. (Applause) http://www.treas.gov/press/releases/hp750.htm 1/312008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br... Page 5 of 11 MAYOR DELLUMS: Thank you, Governor Schwarzenegger, to the distinguished Secretary, to my distinguished colleagues. First I'd like to thank the Governm for hosting, and the various entities fm sponsoring this important conversation. because to me this is a recognition that there are significant challenges that we must ultimately wrestle to the ground It is also a recognition that unless we engage III unprecedented public JUrisdictional collaboration. from the local government to the state government, to the federal government, until and unless we engage in ueative and appropriate public-private partnerships, and until and unless we thlilk substantively. we think coherently. we think comprehensively and we tllink strategically, that we engage in tile long view and the broad perspective. that there ultlillately Will be consequences. perhaps unintended, but those consequences will Illanifest themselves in econOllllC terms, In environmental terms, In quality of life terms. particularly the public Ilealth of our people, and in a post-9/11, post-Katrina world. from the standpoint of safety and security, these issues will be significant The good news IS, here we are in California. Our ports, we're the gateway to the rest of the world. We handle 43 percent of the container activity in thiS entire country. By 2020 that willillcrease by a factor of 3. That's the good news. Tile downside of It is. question Can our rapidly deteriorating IIlfrastructure handle that level of IIIcredible and significant growth? What Will manifest itself In terms of the environmental consequences in a global warming environment? How Will we deal with the quality of life Issues and the public health issues of people who al'e being harmed dally by the infusion of toxics in our air? And given the fact that we're presently dealing with hometown and homeland security Issues in 2007, when we move to that order of magnitude, we multiply the safety and security issues. All of these matters must be dealt with. Finally, I would just say remember, if we're going to be a globally competitive economy. there must be a significant investment In education, in research. and in IIlfrastructure And so I welcome this conversation, because I think it is important and significant And Governor, I would yield back to you. thanking you very much for the opportunity to speak and be Invited to this august body. (Applause) GOVERNOR Thank you very Illuch, Ron, wonderful. And now Mayor Bob Foster, who IS another great mayor and great partner of the State, and has done an extraordinary job for the City of Long Beach Thank you very much for being here today. If you have a few words. please? MAYOR FOSTER I do. Thank you, Governor. I want to thank you and Governor Deukmejlan, and Mr. Secretary. and Mayor Dellums. Thank you for being here today. thank you all. I just have a couple of remarks to sort of set the context for the discussion that Will follow. The ports are essential fm the economic vitality of the State of CallfOinla, and I want to just give a little bit of historic context In the early '90s Southern California In particular was actually at Depression-level conditions. 50.000 defense and aerospace jobs left thiS area Here III Long Beach the Navy Withdrew. and thiS place was in very severe economic times, very difficult And what eventually replaced that III large part were two things. In large part It was the international commerce from the ports, International trade, and tourism here in Long Beach. And what is essential to make sure that we continue to be able to have the economic engine of international trade. and have the ports thrive are two things One, we're gOlllg to have to improve the infrastructure In these ports. and that's gOing to take billions of dollars. We need to move a greater quantity of goods at greater velocities. But equally Illlportant, we have to also understand the environmental consequences of that goods movement And I'm happy to say that the Ports of Long Beach and Los Angeles have worked cooperatively together, they've adopted a principle I have advocated and they have now adopted. which is they're gOing to link IIIfrastructure improvement with enVIronmental Improvement, so that we now have a plan, between the two ports, to clean up the air by 45 percent over the next five years And this week the Port of Long Beach took the action to make sure It has the resources necessary, the funds. to be able to Implement those plans http://www.treas.gov/press/releases/hp750.htm 113/2008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br. .. Page 6 of II So we've done an awful lot to grow green and grow smart. QUite frankly, that's the only way these ports are gOing to grow. They're gOing to have to be sensitive to the environment, and make things cleaner than they are, even with the growth of commerce. But the infrastructure needs are next, and we're going to look at that, and I think the resources are going to be available to the ports to do that as well. But things like public-private partnerships are crucial. I do agree with Mr. Secretary I thlilk international trade and globalization provides a more flexible and vibrant economy I think It also makes It more Immune from a tax, from an economic assault, If you will If you look at wllat's Ilappened in the last 10 years in terms of economic impact. our eCOllomles tlave really withstood them with relative ease I think that's in large measure because it's a much more flexible economy because of globalization. Public-private partnerships are an essential part of building infrastructure here in Long Beach where we have two projects. One, a new courthouse that we're looking to engage In a public-private partnership on, and secondly a CIVIC center that we are in the process of examilling a public-private partnership It's the way to be able to build facilities more quickly and more cheaply. So what I'd like to do IS throw this open for discussion. And let's talk about infrastructure, let's talk about how we get things built, and built both In an environmentally sound way, but also in a way in which we can mmlmize the expense on the publiC Side and maximize the increase of IIlfrastructure. What I would ask you to do when you want to speak -- since we can't all see the name tags, I certainly can't. I only have one good eye anyway -- If you would Just announce your name, I will calion you, announce your name, we'll have a discussion about this, and I'm sure the Governor will Jump In, and the Secretary will lump in whenever they care to. So on the subject of goods movement and With public-private partnerships and infrastructure, I throw it open to conversation. GOVERNOR Well, I'm Governor Arnold Schwarzenshriver. (Laughter) And I just wanted to say that I think that you Just hit the nail on the head when you said that while we create the Infrastructure and while we increase trade, we also have to think about the environment, because I think this is absolutely essential, because we cannot go, continue on down that road that we have been, which is to just expand the economy, but not really take care of the environment. We can do both. I thlilk we have proven this last four years that we can do both. I think that Long Beach and LA Just have proven that by making the commitment that we can do both I think It'S all about where there's a will there's a way. That's what ttllS is about. And I think if we all make a commitment we can be the leaders and show the federal government, actually, how It'S done. And I thmk that California has done a great Job with that, and has been known now worldwide that we are takmg this very seriously. Anyway, any questions to the Secretary that you may have, please. Q (IA) the regional expansion of commerce in Long BeaCh. Mr. Governor. great to see you here, Mayor, everybody else. At (IA) we work With small entities, small business, the mmorities, the disadvantaged. We also trade a lot In lookmg to trade and work With the ports. And green -- the environment is a concern to everyone. The thing that we're able to do with the Chamber of Commerce IS bring everything to the local level, to the individuals, to the families. There's a lot of small entitles here, both individual family members, small one-time owners, and larger families and larger bUSinesses that are part of thiS. And we're reaching out as Latinos, where it's a growing mass, It'S a number. Right now it's our turn In the drum. We're up because of tt18 numbers around the state, not only the state, across the United States. All this has to do with voting Everything comes down to people, and we're trYlllg to get, educate the communities, the individuals, from down at the little schools, down to high schools, down to the refineries have an issue, the railroads have issues, and It'S all great because we all want to live -- we all live here, so we have to share the space. And it's all very Important. And the thing is, we have to get education out there, we have to get people out and informed and we're working hard to do that. And I think If we could get it down and get the small streams out we can inclUSively Include everyone and become a large force and have everyone Involved, and have everyone educated. Because I think the biggest problem, obstacles tllat we tend to see, IS ignorance. People Just assume It'S bad, or it's corporate, It'S this, It'S that. http://www.treas.gov/press/releases/hp750.h tm 1/312008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br... Page 7 of 11 And this is a global, but this is a state Issue, this is a world issue Green, we need to be green. Union Pacific, the ports, everyone is being involved, because we're trying to lead the way California, set apart from the state, the United States, sets the pattern, sets the tone. And we're here, and hopefully we can all unify and get on the right project But the tiling is we need to share, and we need to hopefully educate everyone so everyone can understand the reason and the return m the long term IS for our families, for our kids. and for the state. Thank you GOVERNOR Thank you, Tony SECRETARY PAULSON Governor, let me make -- because we've all talked about bemg green -- make a comment about being green and the enVIronment, because thiS IS an Issue I've cared about for a long time. And of course when we talk about the climate and emissions, thiS is a global issue If I've ever seen one. And a ton of carbon m the atmosphere from China IS every bit as harmful as one from California or New York, or anyplace else So it's a global issue. And one thmg that I don't believe was reported as maybe as comprehenSively as It might have been, that one of the positive outcomes from Ball was that -- and I thHlk tllis is largely as a result of the President's major economy Initiative -- that gettmg developing countries for the first time getting China, India, and Brazil to make some undertakings and comlTHt to take some actions, because again, we can't solve thiS issue unless we do it globally. And a lot of thiS is going to be engaging the developing world. and a lot of it is going to be about developing clean technologies. And we talked about trade today, but I spent a fair amount of time in China working with them on environmental Issues, talking about clean technologies, collaborating One of the things we agreed to do with the StrategiC Economic Dialogue is work, prior to the next meeting In New York, to come up With a 10-year program where the U.S and China would work together and collaborate on energy efficiency, energy security and environmental issues and technology. One of the things the PreSident has asked me to do is work with major nations around the world on putting together a clean technology fund to mcent the use of technologies around the world. So again, it's a global issue, and air and water don't know any boundaries. So again, you've been real leaders in this state, that's for sure. And it's also, this is something, a battle that needs to be fought also globally GOVERNOR Thank you. o Mr. Secretary, I thmk the statistiCS are overwhelming for Southern California, if you look at what we need as far as infrastructure improvements, air quality, public health, public safety. I think everybody in the room knows it. Whether it be LAX or the two ports, we have a tremendous need. What we don't have, If the Governor said we're the Golden State, well, the airport and the two ports are the Golden Goose. Right now, without infrastructure and without funding, we are killing this state. Not only locally, statewide, but federal. This IS the largest Customs district for the federal government. And without that revenue coming through, Without ideas, whether It be for you as Secretary, or for your background at Goldman Sachs, we would like to know what suggeslions you may have, because we have over a 50 billion dollar deficit In the next 10 years for infrastructure m Southern California for the airports and the ports, Just to get the commodities in. So we'd like to hear from you, maybe. Do you have speCifiCS? Because we need them. SECRETARY PAULSON: Let me first of all say I am the Treasury Secretary, not Transportalion Secretary. And so as Treasury Secretary I've been focused on other economic issues, trade Issues and so on. But I'm going to draw on my experience in the capital markets and working around the world, and working on Infrastructure finance, and so on. And I would say I think -- I don't know the details of the Governor's plan. I just heard him outline P3. But I think lie's got it right, because the fact is that there's no way government is going to be able to pay for the infrastructure needs you've got. And there are plenty of models around the world When I think of some of the major port facilities in Hong Kong and in China, and I look at how those have been financed with private capital. http://www.treas.gov/press/releases/hp750.ht m 1/3/2008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br... Page 8 of 11 The key, though, IS designing the project properly, having there be clear projections. The private sector needs to know that the risks are manageable, and that there aren't going to be political risks, where people will come in afterwards and say you're making too mucll profit And It'S fascinatlllg, because as I tl-avel around the world, infrastructure IS the biggest problem in many, many places In terms of ttle biggest obstacle that democratic capitalism faces, or capitalism faces, In terms of spreading the benefits of growth broadly to the people In Latin America It'S a big issue, in India it's a big issue. And so designing these projects properly so that they attract the private sector, I think is key. And there's plenty of money out there, so it's all in how these projects are structured. MAYOR FOSTER: Tim Romer, and then Assemblywoman Karnette. TIM ROMER HI, my name IS Tim Romer, I'm in the infrastructure group at Goldman Sachs, and just want to make a couple comments on the public-private partnerships. But agaill. If you Sit here and you listen, you rally tlave to think differently given the size of the problem in terms of the new capacity we need to build And you want to think differently about how you deliver the infrastructure, but also about how you maintain it. And I emphasize both, because it's not just the upfront cost, but it's the cost of the life of these projects that's very important And If you do this in the right way you can extract savings and benefits on both ends, so you can do more, you can do it sooner, and you can do it in a green way. And when you think about public-private partnerships, what you're really trying to do is, you're really trying to tap into the global expertise, the global Innovation out there of the private sector. People are doing this around the world. They have experience, ttley can bring It to bear to help get these projects done sooner. There are examples here in the U.S. The Miami Port Tunnel went through a pUblic-private partnership process They looked at what the government thought they could do It for, they got three bids from three consortiums. The delta between the high and the low was over 40 percent A private sector entity came in there and thought about a different way to do It And when you think about it, why IS that? Well. when you think about it. they can think differently about how to design it so they can build It cheaper. They think differently how they build it, so they can operate it cheaper. They think differently how they operate it, so they can maintain it cheaper. And then they can bring the capital and the fillancing to bear to get the project done sooner. And when you think about it. you've got to emphasize the partnership aspect of this, which I think is what the Secretary was getting at. You can't take a project that's unviable and think the private sector is going to make it viable. You need to ttllllk about It. The stakeholders need to sit down, they need to agree on the projects, they need to agree on the goals. They need to align the incentives amongst all the parties, because it is a partnership. And then you've got to share the risks, and there are risks that the private sector has an Infinite capacity to assume. They're Willing to do It, they're eager to do. And by doing this you do get, I think what the goal is here today, which is you want to get it done sooner, you want to do it for less, and you want better service over the time and the life of the project And so I think publlcprivate partnerships won't solve all the problems, but they're a key component that we have to facilitate. and we have to allow work in the marketplace here in California. SECRETARY PAULSON: Can I make one other point. which has to do With protectionism? There's protectionist sentiment in terms of trade, and there IS also protectionist sentiment in terms of foreign investment I view foreign investment as the ultimate vote of confidence that any country can pay to our economy. But when you think back, thiS is not new in America, but I remember back -- do you remember back in the '80s and the early '90s, and you remember when the Japanese -- it might have been Pebble Beach, and people were very concerned. Or when the Rockefeller Center -- I remember having to explain to someone, you know, the Japanese aren't going to be able to put Rockefeller Center on an aircraft carrier and bring it to Japan. They've invested in it, we still have the Rockefeller Center. Well, right now -- the reason I mention this is there is foreign capital that IS interested III infrastructure finance. And in a number of states where governors -or at least one state I can think of that did a big infrastructure financing project. and there was an Australian bank that came in. There was great public concern about it So that's the other Issue, because I think you can attract foreign capital, but you've got to ask the question, how will the public look if foreign capital IS Invested http://www.treas.gov/press/releases/hp750.htm 1/3/2008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <br... Page 9 of II in your ports or other things? So in any event, It'S an Issue. ASSEMBLYWOMAN KARNETTE MAYOR FOSTER Yes, Betty Shall I go? I'm sorry. ASSEMBL YWOMAN KARNETTE Thank you I never hesitate. I'm Assembly Member Betty Karnette, and most of you have seen me and heard I've been here a long time. I've lived here a long time, and I've been around a long time. But I also, right now -- and I'm mterested In the trade, and also the Infrastructure, and how they relate to foreign Investments and all that kmd of thmg. However. I represent California on a small group in the National Conference of State Legislatures, and just recently we discussed what some of the real serious problems are. And one of the thmgs, when you want to get to specifics, we came out -- this was several states represented, I don't remember all of them -- but one of the things we all agreed upon IS that before we can do anything, we've got to maintain what we have, and that the federal government, Mr. Secretary. would be the logical group to do that. entity, because of the sales tax on gasolme However. there's not enough to do the maintenance that we need, and we really feel that. as states, that the federal government should really be looking at maintenance of what we have. And I have publiC partnerships, private-public partnerships, I've been supportive of ever since I chaired Transportation in the California State Senate, and I thmk that's fine. But we're got to maintain what we have: the bridges, the bridges espeCially. The one In Long Beach called the Gerald Desmond Bridge. And there are all kmds of things along this line that we have to look at. And I think that I heard Mary Peterson, the Secretary of Transportation, but she seemed to think we the states should be giving her the ideas. Well, I'm giving her one, and I'm giving you one, and I'll be the Governor will give her some too. But that maintenance issue, we Just can't handle all of that and the new infrastructure that's required SECRETARY PAULSON MAYOR FOSTER I Will pass that on to Mary Peterson. Alan Rothenberg. ALAN ROTHENBERG Thank you. Alan Rothenberg, PreSident of the Los Angeles Board of Airport Commissioners, and I have a question primarily. I guess. directed to the Governor and the Senator and the Assemblywoman Both for safety, economic and environmental reasons, we have to do a lot of things at LAX. And I am Just curious to understand if there is any work underway to expedite the environmental process We don't want to do anythmg that's not enVIronmentally correct, and indeed the irony of delay at the airport IS that the new aircraft that's commg on IS qUieter and pollutes less than the current fleet. And yet the process IS torturous. It takes forever to get ready to go mto the environmental process I'm told that we face about a two-year study before something comes out of the enVIronmental process. And if history is any predictor, somebody is gOtng to sue us. and there Will be further delay. Meanwhile, we're sitting there risking public safety, we're Sitting there risking the continued growth of the economy, as has been discussed by everybody, because of the value of goods that come and go from LAX. And It'S clear that I'm pretty frustrated: we all are. Is anythtng underway to come up with more expeditious ways to go through the environmental process to get projects of that scope approved? GOVERNOR Well, first of all, you're talking about California, the process in California, or federal? ALAN ROTHENBERG I'm talking CEOA We do have to face federal as well, but right now the first baffler IS CEOA. GOVERNOR Well, it shouldn't' be taking two years, but maybe Secretary Bonner can address that. But the fact is that we're trying to speed up all of thiS. As you know, With infrastructure, one of the biggest challenges in building transportation tnfrastructure IS that the people vote on the bonds, and then sometimes It takes five years for all the studies to fmd out how can you move forward and build, and can you, in fact, build. Well, we have speeded up that process. and we made agreements, which was part of the infrastructure negotiations, to speed up the process and to build. And thiS is why we have already bUilt and have allocated and http://www.treas.gov/press/releases/hp750.htm 1/3/2008 hp-750: Transcript of Secretary Paulson and Governor Schwarzenegger <br>Roundtable on Trade <... Page 10 of 11 are funding 84 billion dollars in prOjects, which is the fastest ever, that less than a year after the people t,ave approved It, we are already buildll1g and spending that money, which IS great. So we're going to look into that also. But Secretary, If you maybe want to address tlla!? SECRETARY BONNER Good morning What I would say IS, we are not looking at the moment, we were always considering how you can streamline the CEQA process. But building on the Governor'S point, one of the things we're looking at In trying to better work with the process that we have is by havlllg better coordination amongst the parties who are Involved III getting the environmental reviews completed. And just not as much on the airport side, but on the transportation, the highways and the other infrastl'ucture side, we have signed an agreement maybe two months ago with a numbel' of the agencies that are involved with building some of tile larger transportation projects, and they are going to be working with regional air quality agencies, the federal government and the state, to coordinate and try to streamline as much as possible the review process. But the law itself is one, as you know, that is very cumbersome, and we are looking at ways to work withlll the eXisting law before we are considering reforms of CEQA GOVERNOR But I'm going to bring that to the attention of Secretary Adams and Secretary Nichols just to make sure. And I want to get your card so we can follow up on that. Thank you. MAYOR FOSTER John Hemmlngway JOHN HEMMINGWAY Tilank you, Mayor. Our company, SSA Marine has been fortunate to do busilless in California ports for the last 107 years. And for the last dozen years we've been Involved III port infrastructure development in places like Mexico, Panama, Colombia, Chile, Vietnam, and a number of other countries, so I appreciate the Secretary's remarks about the importance of free trade agreements with Panama and Colombia. It's vital to our leadership in the region In being involved in port infrastructure development, and most recently with pier paths here in Southern California, I've learned a lot about port infrastructure development models and public-private partnerships. I think I want to echo some of the remarks I've heard about frustration with the amount of process costs. As a company that's Involved in building facilities like this and engaging with public entities, it's frustrating to us to see millions of dollars go to paper that doesn't really get read, and not go to the communities where we do business. And so anythlllg that the Governor's Office can do to help with enabling legislation so that money goes more properly to meet higher standards, to mitigate community impacts and promote cleaner air is something that we III industry are all in favor of We do business in British Columbia, we're very familiar with the model there. We think It's one worth emulating, certalilly. One of the advantages they t,ave is a great deal of alignment between the provincial and local government. And of course your leadership will be Vital to that. And of course any role that Industry can play and help developing consensus, I think we've proved with Pier Pass and other programs down here, we're capable of doing our part too. So I'm very interested in hearing anything that IIldustry can do to contribute to that effort. So thank you GOVERNOR Thank you. Okay, we have time for one more. MAYOR FOSTER Alan Lowenthal SENATOR LOWENTHAL Thank you. And I just want to comment a little bit about the process also. I've worked with Secretary Bonner and others In terms of how we're going to take the monies that the bond, the TCIF, the 2 billion dollars that Californians voted in 2006, under the leadership of Governor Schwarzenegger, to put Into IIlfrastructure for goods movement, and the 1 billion dollars for air quality think the thing that we are seeing is that one of the consequences of that bond IS that we're breaking down the Silos, That IS, part of the problems With some of the air quality or maybe the CEQA process is that frequently people get Involved in the CEQA process late, The project has been deSigned, and then the community gets involved. I think that what we're seeing with the bonds IS that of all the new projects, we have llilked and brought together bottl Secretaries of the EPA, Air Quality, and the Secretary of Transportation and HOUSing, to deSign It upfront. All projects Will be designed right from the beginning, taklllg IIltO account air quality so http://www.treas.gov/press/releases/hp750.htm 1/312008 hp-750: Transcript of Secretary Paulson and Govemor Schwarzenegger <br>Roundtable on Trade <... Page 11 of 11 to speed it up. It will be part of the selection process and also part of the criteria. That's one thing. Tile other thing is, to defend California, Mr. Secretary, to understand we do not only have a problem with global warming, which we are. We have. when we're talking about the enVironment, we have a public health crisis. We lose, in Hlis region alone, 2,400 premature deaths a year due to old diesel tecllnology. So we're talking about the need -- and the ports have stepped up, the state has stepped up and that's what you're hearing, to immediately beglll to change that tecllnology, because we're not gOlllg to have community supporting what we want to do If they're dying, and that's what we've got to end. And that's why we say there's a three-legged stool, and the rest of the nation has to understand that we provide them, we are the gateway to them. It IS In their Interest to protect California also, because we protect them. Or else we'll have a reoccurrence of what tlappened three, four years ago when there was the lockout and they couldn't get their goods in the rest of the states. If people want to benefit by this, we need to educate Iowa and Kansa and the rest that It IS Important that they help to support us, because we support them also at this moment. And I think that educational process has not taken place, and we don't have allies throughout the rest of the nation to understand our importance to them. And they don't understand it, they don't see the IlIlkage between California, what we're going through, and the fact that they have goods on their shelves when they want those goods, and that's really what we're asking the federal government to help us In that educational process, and to make sure that this is the nation's priority, not just California's priority. We are doing service to the nation, and the nation needs to understand that. GOVERNOR: Thank you And talking about educational process and educatlllg, I think It'S very important that when we talk in our State of the State about publlcprivate partnerships, and you hear P3, just remember that we need a lot of support. We need a lot of support. We need a lot of support from all of you, because we have to still do a lot of educating when it comes to the legislators in that area. There are a lot of legislators -- now, you maybe see two here that love it, but remember there are 120 legislators up there, and everyone has their own opinion about all of those things, which is terrific, which makes the world go around. Different opinions, love it. But there are a lot of them that do not understand publiCprivate partnerships. I talk to them. They think It'S a disadvantage. They thlllk that it hurts the unions, or the workers, or that people will be put out of work. All of those kind of -- there's a suspicion there, and all of those kinds of things that we have to overcome. And so what we need is, when we talk about that and try to move that ball forward thiS comlllg year, we need all of your support. Because I think the thlllgs that we have gotten accomplished here in thiS state IS because of all of you. There are the legislators, the Governor's Office, there's the federal government. We all work together. But In the end it's you, the people that are in the trenches, the people that are III the communities, the people in general, that are our partners, that make thlllgs happen. So we want to Just ask you again to be with us III thiS next year when we move that ball forward. So thank you very much agalll, everyone. Mr. Secretary, thank you very much for being out here. Let's give him a big hand. (Applause) --30-- http://www.treas.gov/press/releases/hp750.htm 113/2008 HP-751: Asst. Sec. Solomon Statement on Release of Treasury Study Page 1 of I December 20, 2007 HP-751 Asst. Sec. Solomon Statement on Release of Treasury Study "Today the Treasury Department released a comprehensive study addressing business taxation and global competitiveness that is a follow-up to the July conference with business leaders, economists, and policy makers about this important issue "This report, Approaches to Improve the Competitiveness of the US Bus/IJess Tax st System for the 21 Century, outlines several broad approaches to business tax reform. The study also outlines specific business tax areas that can be addressed. There are no policy recommendations in this study. We believe it will provide significant substance for discussion, and will further the effort to inform the publiC policy debate. "The world economy has changed dramatically over the past half century and so too has the U.S role in that economy. Trade and investment flow with greater volume and greater ease. As we look to the future, many factors, including education, immigration, and trade poliCies play an important role in the lives and living standards of U.S. workers and in the ability of US. companies to compete globally. By influencing incentives to acquire and use capital, business taxes also play an important role in economic decision making. Our major trading partners recognize this. Many have or plan to modify their bUSiness tax systems to Improve their global competitiveness. The current US system is far from optimal, and we cannot afford to be left behind "To maintain the competitiveness of US. businesses and US. workers in a global economy, an examination of our business tax system in the context of the global marketplace is overdue. As we continue our work on this Important issue, we look forward to discussions with Congress, the business community, and other policy makers." http://www.treas.gov/press/releases/hp751.htm 113/2008 hp-752: Transcript of U.S. Delegation Press Conference <br> Third Meeting of the U.S.-China Strategi... Page 1 of S December 13, 2007 hp-752 Transcript of U.S. Delegation Press Conference Third Meeting of the U.S.-China Strategic Economic Dialogue Xianghe, China Secretary Paulson: Good afternoon, everyone, and thank you for being Ilere. Thank you, my cabinet colleagues, for your sUbstantive engagement in this SED meeting. Active participation frolll everyone here as well as additional colleagues back In Washington enabled us to Illake substantial progress in our economic relationship with China. As I said earlier, to me the handling of the food and product safety issues eillerging in recent months IS proof of the effectiveness of the SED. Rather than recnminatlons and finger pOlllting when this Issue arose, bOttl our nations were qUick to sit down together and work the substance of the issues We are able to do that because In this first year of our dialogue we have deepened relationships and understanding across our governments Mike Leavitt's work on this issue is a model for addressing all the Issues Within our economiC dialogue. Let me note a few other highlights of our meeting before we get to your questions First, we agreed to put a worklllg group together to develop a ten year plan for review at our next meeting on cooperation on energy and the environment. The Issues of energy security and environmental sustainabillty are vitally important to both of our nations. I find it an exciting prospect that we will set out a long term and strategic plan for worklllg together toward progress In these important areas I am also pleased that we are begillning a strategic effort to work together to combat Illegal logging. This IS a long term challenge and I am encouraged by ttllS significant first step We had very healthy discussions about China's progress III rebalancing its econolllY, expanding domestic consumption and moving away from export led growth. The Chinese recognize growing inflationary pressures In their economy and that a more flexible currency expands their ability to use Illonetary policy to stabilize their economy. I would also note that we have made Illodest progress in the financial services area, expanding opportunities for global financial services cOlllpanles to do business In China. Openlllg Chllla's financial markets to foreign competition strengthens the flllanCial backbone of the Chinese economy and it's Critical to China's goals of spreading the benefits of growth to all the Cilinese people While we hold these meetings twice a year, the work of the SED pmceeds all year long. Progress proceeds at a different pace on different Issues over the coul·se of a year. We will host the next formal meeting in Washlllgton next spring. In the Illean time I'm confident we'll be working closely together to implement our strategic plans and announce results during the course of the year. lttp:llwww .treas.gov/press/releases/hp7S2.htm 11312008 hp-752: Transcript of U.S. Delegation Press Conference <br> Third Meeting of the U.S.-China Strategi... Page 2 of S Now let's take your questions. Question: A question about the finanCial services [Inaudible] I didn't know If YOll could maybe spend some time Just outlllllllg where ttle caps eXist now, wllere you'd like to see the caps go In securities and banklllg in particular And if you could maybe outline more generally what was achieved here alld how Important they are Secretary Paulson: Let me make a general comment first, and then I'll make your comment on equity caps You all know how strongly I feel about fillancial serVices, and the reason I do IS because when you look at balanCing growth in the Cilinese economy or III any economy, capital markets playa very Important role and they have a multiplier effect really throughout the entire economy and they also help Citizens develop savings. By increasing their rate of return they'll have to save less III order to accomplish the same goal. So ttllS is important Again, the POlllt we make on ownerShip caps IS, we make It because It'S not only good for foreign firms to come in and invest, it baSically is the right way to develop an industry and the securities industry operates best when the owner, when there's control by a world class firm, and It helps the entire society. So we've made progress In virtually every area of the seCUrities business and III the financial services bUSiness over the course of the SED, and thiS reflects the fact that China is committed to opening up the markets and has been opening up the markets for some time. With regard to ownerShip, I think this is a very important issue. The Chinese have not agreed to raise equity ownership caps. What they've agreed to do IS, what they're gOlllg to do over the next year In both the banking area and In securities to have a study, to develop recommendations regarding foreign ownership or equity participation In the industry. And what they had agreed to do after the last SED which they're moving forward With IS expanding the scope of operations for foreign secuntles and JOint ventures and to halt the moratorium on JOint ventures Yes? That's [lilaudible) baSically negotiating, trying to negotiate another deal. She's working hard for both of our countries here. [Laughter]. Question: From Market News International. Governor Zhou Xiaochuan Just said that you discussed gradually enlarging the pace of yuan flexibility. ECB President [Jean-Claude] Trichet left Beijing a few weeks ago suggesting that the Chinese had said they would also, that they would study faster appreCiation as well. Did you get a similar message or any indicalion that China IS Willing to pick up the pace of appreciation? secretary Paulson: Let's first of all look at the facts. They've agreed to the principle They've been appreciating their renmlnbl and tile pace of appreCiation has IIlcreased. Over the last year it's been Increasing at an anllual rate of close to six percent I've talked with the Chinese long enougll about thiS that we don't spend a lot of time talklllg about how fast is fast. Okay? It's very easy for people to say words. We agree With the prillClple and we talked about a number of topics. We talked about the benefits of faster appreciation. There's no sign that depreCiation to date Ilas done anything to hurt the Chinese economy. And at a time when tlleY are focused on the overheating and containing Inflation, I don't think anybody debates the fact that monetary policy can be an effective tool as opposed to Just uSing administrative means and having a currency that reflects market fundamentals would be a good thing. You all read the newspapel's, you know that they're hearing from others around the world. So that's how I'd leave that. Question: Mr. Secretary, I'm Allen Cheng, Bloomberg News here in BeiJing. The U,S. Trade Representative, Mrs. Schwab, yesterday mentioned that there's been some back-slidlllg by the Chinese over the last couple of years Can you talk a little lttp:llwww.treas.gov/press/releases/hp7S2.htm 11312008 hp-752: Transcript of U.S. Delegation Press Conference <br> Third Meeting of the U.S.-China Strategi ... Page 3 of 5 bit? Over this SED did you see some areas where the Chinese have not kept their commitments? Where they are not making progress on commitments __ Secretary Paulson: I would just say two things. First of all there are two sets of issues. One is WTO compliance whictl is very very important. I don't think It'S strategically interesting, it's essential. There we have dispute resolution mechanisms, we have direct negotiations I know Sue Schwab and Carlos Gutierrez and others are very very much focused on that. There IS no doubt that there are areas where our side believes they could be dOing a better Job of living up to their commitments and where there has been some retrogression In terms of the SED which IS focused on long term economic issues and tile most presslllg, sensitive short term Issues, there's been only progress So we could all debate whether there should be more progress, but thel'e has been progress and there's been progress that we wouldn't have if we didn't have this. So I'm focused on the progress I'm focused on tile opportunity and the size of the market and the rate at which our exports are growing and the very real progress we're making here. I have a lot of other people up here who Will be happy to take your questions. too Question: Financial Times. Mr. Paulsoll, as Treasury Secretary do you have any comment on the announcement overnight by the four central banks? Have you seen that announcement? Secretary Paulson: I Ilaven't. There was just an announcement by four central banks? So I don't have a comment on that, no. Question: You mentioned and have spoken at length about currency and the impact that a faster yuan appreciation would allow more leeway for the Chinese to have monetary policy options. Yesterday the Governor of the Chinese Central Bank said that the feds rate cut could lead to more liqUidity throughout the world and therefore have an Impact on China's monetary poliCY Would you like to comment on -Secretary Paulson: I leave the monetary policy to Ben Bernanke In the US and my central banking fflends, so I'm not gOing to comment on It other than the comment that I've already made that it IS pretty hard to tlave effective monetary policy With a degree of sterilization. And Zhou Xiaochuan understands that. To the extent they're Issuing renminbi to buy In dollars, that they don't have a lot of flexibility With their monetary policy. But overall, I don't have any comment on it. Question: AP. Minister Chen yesterday mentioned that he was quite worried about the weakness of the US currency. weakness In the US economy. and that when he was confronted by the American side with calls for a faster UN appreciation he responded that he was more concerned with those issues. Were you able or are you now able to offer any assurances. any reassurances, that that won't be a problem for China? Secretary Paulson: Let me say first of all I think what both countries understand is that we both benefit by economic strength in each place. The Chinese, It'S very important to them that the US economy is strong and continues to grow. It's very important to the U.S. that China has a strong. stable development. So you can't have a diSCUSSion like this without talking about our economies I gave my view that our economy was a healthy. diverSified economy that was going to continue to grow. I talked openly. as I have whenever I'm asked about this publicly, I talked about the risk in housing and the turmoil in the capital markets. But the backdrop IS a strong global economy, a healthy US. economy, and as we work through this Question: Adrian Mullen from NBC News. I tllink you commented on thiS earlier. but perhaps you or Ambassador Schwab could clarify this. Is there actually a ball on further U.S.-made movies in China through February? If not, what exactly IS going on? Secretary Paulson: What was your question? The ban on movies? Sue, do you want to comment, or Carlos? http://www.treas.j!ov/press/releases/hp752.htm 1/312008 hp-752: Transcnpt of U.S. Delegation Press Conference <br> Third Meeting of the U.S.-China Strategi ... Page 4 of 5 Ambassador Schwab: We don't actually know If there is a ban. There have been rumors, stories, concerns expressed about it. We are making Inquiries. Obviously If there were such a ban, whether It'S one month, three months, five monttlS. It would be a very serious matter Secretary Gutierrez: We're still addressing that Issue. We are equally concerned. We don't have a precise response but we are allover it and we want to find out if there IS a ban, and if there is sLlcll a ban why. So we stili don't have a precise answer for you, but before we leave we're still going to take up ttlis Issue. Secretary Paulson: We got it, so that was two for one. Question: [Inaudible] TeleVision. Could you maybe clarify a little bit more [inaudible] the Chinese? You mentioned [inaudible] security Industry In China, but did you get any concrete pledges at all about lifting the moratoriulll on the brokerages? Secretary Paulson: I have every confidence from every ttl In g we've been told on what's underway that you'll see a lifting of moratoriums and expansion of the scope Remember, there have been Just a whole series of things, steps in almost evel-y industry that they've agreed to do, and these take new rules. They need to roll It out. One of ttle things I had an 0ppol1unlty to do when I first arrived was to Sit down With Shang Fulin, the CSRC, and Ile's very focused on all ttlese things. They're moving ahead and you'll see them I would say from our perspective, we want them to do more, move faster. From his perspective, he's running like a bunny, believe me They're busy, they're aclive, alld we keep lists not only of things we're dOing when we look forward and With new deliverables, but we and the Chinese keep a list of what's been agreed to. They're very meticuloLis about saying we've done thiS, it's going to take a little bit longer to get this done, but we'll get It done and so on. Question: [Inaudible]? Secretary Paulson: Yes, I do. Question: [Inaudible] red herring. The most important thing for China at thiS time, particularly at a time of potential economic weakness In the US. and elsewhere. Secretary Paulson: I would say thls-Question: I know, but IS the most Important thHlg about China boosting ItS own domestic demand, isn't that a much more important -Secretary Paulson: I was Just gOing to say here's how I've always thought about the currency. You've heard me speak about It before For those who believe that solVing the currency Issue and having a renminbl that's more realistically valued, would get at the Imbalances In a really Significant way. they're misinformed because the IIllbalances are created by the fact that our nation IS growing and not saving, and that China has an economy that IS built around exports, investing heaVily In export lnefustrles, alld has relative low levels of domestic consumption and vel-y high savings rates and high precautionary savings rates. So It'S going to take a while to get at tillS and it's going to have to deal With the fundamental structural issues. We focus on the renminbi because in Illany ways that IS a proxy for reform. It's very difficult to have a market driven economy With all the tools you would have III a market driven economy if you don't have real market signals. And It'S very hard to develop a financial services industry if you don't have real market ~Ignals And If you have a currency that doesn't reflect fundamental economiCS, It s difficult to do this. Again, I emphaSize the Chinese understalld thiS. they see the need to appreciate the renmlnbi, so we're arguing, again, about stability. And we both agree we need a http://www.treas.gov/press/releases/ho752.htm 1/312008 hp-752: Transcript of U.S. Delegation Press Conference <br> Third Meeting of the U.S.-China Strategi ... Page 5 of5 China that's economically stable and successful and grOWlllg There's a pOint of discussion as to whether It's riskier to take bigger steps III the reform area or not And frankly, we believe that there's a greater risk 111 moving too slowly here So that's from China's perspective From the global community, there will contillue to I)e Issues and concems because China IS a bit of an anomaly It's beell a nllracle their economic growttl, so tlley now are a very big factor in econOllllC trade In goods and services. But whlie all the other countnes that play that killd of role In tile global economy have currencies that are market delermllled, Chilla Isn't I'eady to have a market determined currency yet, but they need 10 move In that direction and they're gOing to continue to hear about It until I think they get a market determilled currency That's why I talk so much about capital markets, because I think that's. haVing more competitive capital markets IS a prerequisite to a market determined currency. Anyone else before we -Question: Mr. Secretary, Glenn Summerville from Reuters The fact sheet cites a deCision by China to permit foreign companies dOing business In China to Issue yuan-denominated equity. How Illuch pressure was there for that from the US side, and how much resistance from the Chinese, and what is the potential impact of that? Secretary Paulson: First of all, I think It'S a very positive move. I'm glad you've cited it. Let me Just say on all of these things, there's not one of the issues we're talking about In the securities area where the Chinese don't say we'I'e moving III that direction, We understand what we need to do. We're opening up OUI' securities markets It's important that we have to develop our regulatory structure, we have to develop our infrastructure. We're moving as quickly as we think IS prudent. So there had always been a recognition on their part that this was something that would be a good thing to do. It's something we encourage them to do. I think General Motors has done a finanCing, there's been some moveillent here. and you'll see more movement. And I think that's very Important and It'S gOlllg to be a very healH1Y part of the development of their capi\al markets, One more, Question: I'm with the South China Morning Post. I Just wanted to ask a little bit of clarification on the Issuance of renmlnbl stocks and bonds. Does this mean that US companies are gOlllg to be able to Issue [Inaudible] In China? And when IS thiS gOing to happen? And has there been a demand f!'Om US companies to do thiS? Thank you Secretary Paulson: There's clearly a demand for US or foreign companies, any company doing business III Chlrla and IIlVesting In Chlrla. to be able to finance yourself III renmlnbi and the domestic market IS a good thing. And being able to finance debt securities or asset backed secuntles like General Motors did, or eqUities. And so you will see thiS I think. You say when, It will be, I'm sure, rolled out gradually But I think you're going to see, you Will be seeing foreign companies With IIlveslments here being able 10 finance themselves In the equity and debt markets, Thank you all very mudl http://www.treas.gov/press/relea se slhp752.htm 113/2008 n ... ,.,..., nM'\ ULiLI/DD "n vn 11111111111111111111 10122340