Dear Energy Trust Investor,

Thank you again for indicating your interest in, and support for, the NAFTA claim.  Over the past two weeks, we have received hundreds of expressions of interest and there is now considerable momentum and enthusiasm to move forward with a consolidated NAFTA claim.  We are presently working with the attorneys to prepare a plan of action - so that we can include as many investors into the NAFTA claim as possible, but in a manner that is cost effective and efficient for everyone.  We should be back to you with a plan about how to proceed over the next few weeks.

 

In the meantime, as we move forward it is important for all the potential NAFTA claimants to indicate their support for the NAFTA case to U.S. Government officials.  In particular, the NAFTA provides that the U.S. Government, through its Treasury Department Tax Policy officials, will have a say in whether one part of our claim proceeds. That part is Article 1110 (expropriation).  If the three NAFTA governments - Canada, Mexico and the U.S. - all agree to kick-out the expropriation claim, they can do so under NAFTA Article 2103(6). Even though this would not stop the claim entirely, we don't want this to happen.

 

We have drafted a short letter that could be mailed, faxed or emailed to the Treasury Secretary, to the USTR's office and a senior Tax Policy official.  We request that you send this or a similar letter (perhaps with your own comments and observations) to the Treasury Department so that we can generate the support we need from our own Government.

The mailing addresses for the officials can be found on the attached draft letter.  You can also send copies of your letter using email or fax:

 
Email:

Solomon:   eric.solomon@do.treas.gov

Schwab:     contactustr@ustr.eop.gov

Paulson:    henry.paulson@do.treas.gov

 
Fax:

Solomon:   1-202-622-0605

Schwab:     1-202-395-4549

Paulson:    1-202-622-0073

 

Please note that the sooner you send your letter, the better.  After you send it, please provide us with a copy by email so that we can collect and keep all of the letters in our file.