The Clinton memorandum

WASHINGTON, D.C. 20510 December 18, 2008 The Honorabl United States Senate Washington, DC 20510 Dear Senator & Yesterday, our offices received from the Obama-Biden Presidential Transition Team ("transition team") the Memorandum of Understanding (MoU) entered into by the Willian1 J. Clinton Foundation and the Office ofthe President-Elect on December 12, 2008. This MoU is designed to establish greater transparency and predictability with regard to the activities of the Clinton Foundation in the context of Senator Clinton's service as Secretary of State. We suggested that the MoU should be shared with all members of the Senate Foreign Relations Committee at the earliest date possible. The transition team agreed and asked us to forward it to you. The MoU is effective as of the date of signature by the aforementioned parties. If Senator Clinton is confirmed by the Senate, the MoU will continue until she ceases to serve as the Secretary of State. If you have any questions, please contact Frank Lowenstein and Michael Mattler of our respective staffs. They can provide further background or put you in touch with the appropriate members of the transition team. John F. Kef;' Sincerely, ~~ Richard G. Lugar

L MEMORANDUM OF UNDERSTAJ."(DING December 12, 2008 This Agreement ("Agreement") Is dated as ofthis 12th day of December, 2008 and entered into by and between the William J. Clinton Foundation (the Foundation), an Arkansas not-far-profit corporation, located at 1200 President Clinton Avenue, Little Rock, Arkansas (hereinafter referred to as "the Foundation"), and the Office oftbe President-Elect, a 501(c)(4) entity, located at 451 6th St., NW, Washington, DC (hereinafter referred to as "PTT"). \VHEREAS, in considering Senator Clinton's potential service as Secretary of5tate, the Parties seek to ensure that the Foundation may continue its important philanthropic activities around the world, which do valuable and critical work in areas such as tHV/AIDS, climate change and economic deve!upment. \VHEREAS, the Parties also seek to ensure that the activities ofthe Foundation, however beneficial, do not create conflicts or the appearance ofcant1icts for Senator Clinton as Secretary of State. \VHEREAS the Parties have agreed to a set of protocols that 1-vouJd apply to the Foundation's activities to supplement any existing State Department protocols for managing conflicts of interests, and the appearance ofconflicts of interest, as determined by the State Department's designated agency ethics official. VVHEREAS, the Parties seek to memorialize the mutually agreeable protocols related to the activities ofthe Foundation during the period in which Senator HHlary Clinton SerVeS in the ObamaAdministration. NOW, THEREFORE, it is hereby agreed as follows: Bad::ground Oil the Clinton Foundation A single entity, the William J. Clinton Foundation, is a 501 (c)(3) charitable organization comprised ofthe Presidential Library and seven initiatives: the Clinton EIV/AIDS Initiative ("CHAI), the Clinton Climme Initiative ("CCl"), the Clinton Hunter Development Initiative ("CEDI"), the Clinton Giustra Sustainable Grov,ih Initiative CCGSGI"), the Clinton Economic Opportunity Initiative ("CEO"), the Alliance for a Healthier Generation ("ldIG"), and the Clinton Global Initiative ("CGr). Over the past eight years, the Foundation has gro'vvn into a global nongovernmental organization ,'lith 1,100 staff and volunteers in more tban 40 countries and \vith otllces in Nev,,' Yark, New York, Little Roc k, Arkansas, Boston, Tvfassachusetts, and other cities around the world. The Foundation, working in collaboration \\lith governments and other partners, makes a significant impact in the lives ofhundred ofmiHions ofpeople around the \vorld: 1.4 million people liYing with HXV/AIDS nmv have access to lifesaving drugs

because ofthe CHAI; more than 1, I00 cities have access to affordable, clean-energy products through CCl's purchasing aJliancc; cm members have made over 1,000 commitments to impact more than 200 million lives in 100 countries; over 1,000 schools in the United States are receiving hands-on assistance to promote healthier learning environments though AGH; through a partnership between CEO and Inc. magazine, inner city businesses are matchedvvith successful business leaders to provide entrepreneur mentoring; and CHDI and CGSGI are fostering sustainable development in Africa and Latin America. Like many 501(c)(3) entities, the Foundation has provided each donor with the freedom to decide \vhethertopubHcize their contribution. Since its inception, Foundation supporters therefore have contributed with the expectation that their contributions are private unless tbey choose to share them. Presidential Library The William J. Clinton Presidential Library in Little Rock, Arkansas, opened its doors to the public in November 2004. Since then, more than one mHlion visitors from ali 50 states and from around the worId have visited the Library. The facility features exhibits chronicling President Clinton's administration and presidency. In addition, the Library, hosts a number of special events and exhibits each year. The Library has also fostered an unprecedented economic revitalization in downtown Little Rock, helping to bring over $2.0 biIlion in public and private economic development. The Clinton Presidential Library has been awarded the platinum LEED (Leadership in Energy and Environmental Design) certification, making it the only tederally maintained facility to receive this recognition. Clinton HIVIAIDS Initiative CHAI is helping to tum the tide of the global pandemic by working with partner governments and other NGOs to establish integrated care, treatment and prevention programs. Over 70 countries have access to medicine and diagnostics at reduced CHAI prices through its Procurement Consortium program. CHAr has staff on the ground in more than 20 countries, vvorking with host governments to help them scale up care and treatment. CHAT's eft