EAA   "Dual use"
EAA controls & licenses U.S. exports & re-exports of dual-use (military & civilian) commodities & technical data for foreign policy, national security and short supply reasons.
Munitions export regulated separately by State Dept under Arms Export Control Act
High Performance Computers
Encryption Devices
Stealth Tech & Materials
Satellites
Machine Tools
Aerospace
E X P O R T S
 
Export Administration Act: the case for renewal
5.23.01   HIRC hearing

Commerce UnderSec.¹ for Export Admin ¹ Kenneth I. Juster   re strength & viability of present export control system and Bush admin views & plans to review key elements of that system

EAA expired 1994 due to opposition to Clipper chip & subsequent key escrow
Reauthorized on stop-gap basis in 106th Cong. by H.R. 5239 (Public Law 106-508) through 8.20.01
Comprehensive re-authorization of EAA, S.149 reported out of Senate Banking Committee 3.22.01 on 19-1 vote.
1999 High Technology Trade with China¹ report by special House Select Committee   [ Wen Ho Lee ]
prompted renewed calls for strengthened export controls on "certain" high tech exports, and for EAA re- authorization under Senate Banking Committee ¹ ² & House Intl Relations Committee jurisdictions.
EAA specifically authorizes President to control exports for national security & foreign policy considerations, to negotiate multilateral control arrangements and to issue anti-boycott regulations preventing U.S. companies from adhering to foreign boycotts.
[ Chief exec will always selectively enforce prosecution for political purposes. Customs Dept is best for control on basis of statute. Contention that President needs supreme authority to negotiate trade deals incl wider foreign policy concerns is NatSec malarkey. Trade deals are most effective & fair when they are hammered out the hard way by trade commissions and sunset every 5 years more or less. ]

EAA provides for licensing & classification of dual-use exports by Commerce Dept Bureau of Export Admin. EAA regs establish framework for control & monitoring of sensitive commodities incl high performance computers, software, machine tools and other items. Exports are restricted by item, country and entity. There are approximately 2,400 items for which a license may be required on "Commerce Control List."
Value of total goods exported to controlled destinations was approx. $20 billion in 1998, representing less than 3% total U.S. exports. Controlled exports to China represented over 70% of total, value over $14 billion.
1979 Export Admin Act based on legislation passed at Cold War beginning for primary purpose of blocking exports that might help Communist military buildup. U.S. had lead role in Coordinating Committee (CoCom) export control body designed to deny wide range of items needed by the former Soviet Union to keep pace with U.S. military capabilities. CoCom ended in the early 1990's which altered rules for sensitive technologies' provision to countries & "regions of concern". Now global economic competitors operate largely under framework of "national discretion" where each country is free to license or not dual-use goods to trading partners.

New multilateral regime
Guidelines & principles do not incl veto authority of type in place under defunct CoCom. Reporting & monitoring group maintains some controls over very small group of countries not incl China.
Senate Majority Leader promised to bring up S. 149 sponsored by Banking Comm. chair Phil Gramm & Subcomm. Mike Enzi R-WY later this month or in June when pending tax, budget and education measures completed. Bush admin generally endorsed bill as first step in export control system reform; expected that number of amendments offered on the Senate Floor by small powerful group of Comm chairs, incl Sen. Warner, McCain, Helms, Thompson and Shelby focused on license review, classification and enforcement issues. After 8.20.01 expiration either extend current stop-gap EAA authority or enact more comprehensive re-authorization.
[ Congress may make the distinction between munitions & munitions manufacture but neither Chinese nor US miltiary procurement do. If 2 contracts are necessary for halves of the whole, then separate contracts are written. ]

Trade relations & national security
Recent uproar over sales of sensitive technologies to China brought attention to Clinton admin's loosening of export restrictions. Granting permanent normal trade relations to China does not mean that sensitive technologies would fall more easily into the hands of the People's Liberation Army. Nor will it mean that America must export goods to China. Rather, granting permanent NTR (& China's accession to WTO) would mean that China would have to limit its tariffs on U.S. products. The U.S. still would be able to exercise national security control over export of critical military & "dual-use" technologies. ¹ The executive branch must protect U.S. national security through the diligent enforcement of existing laws & regulations. National Defense Authorization Act of 1999 (P.L. 105-161) established stringent requirements on sale of commercial communications satellites. In other areas, however, laws may be adequate but enforcement weak. The executive branch should ensure the U.S. intelligence community & U.S. Defense Dept are given the proper authority over who receives export licenses in order to prevent whole categories of exports & materials with military application from being sold to China.¹
[ cf Al Martin commentary & allegations re NatSec agencies' failure to enforce EAA & collusion in violations. ]

Strong congressional oversight can ensure that no Administration ignores U.S. security in favor of trade with China, as the Clinton admin did when it transferred authority to Commerce Dept to control sending satellite launching technology and data to China. ¹ Export Administration Act of 1979 (P.L. 96-72) which controls dual-use items export and Arms Export Control Act of 1976 (P.L. 94-329) which regulates weapons & defense-related information export should be thoroughly reviewed to ensure that they prevent trade with China from strengthening the PLA's military capabilities.

House Select Committee on U.S. National Security & Military/Commercial Concerns with the People's Republic of China May 1999 report contains detailed recommendations on what manufacturing processes & materials require national security protection. These prudent suggestions should be considered during all licensing deliberations by executive branch agencies, and all license decisions should be subject to congressional oversight. ¹

Concerns about the People's Liberation Army
Valid argument made by opponents of permanent trade relations with China is that Chinese companies in business with U.S. are owned by the People's Liberation Army, which may use the products they acquire to supplement its military budget or to acquire better technology. U.S. intelligence has identified many of these companies & made little of this information available to the public. In 1995, U.S. Defense Intelligence Agency published an unclassified directory listing many of China's defense industrial trading organizations. However, dissemination of this document was restricted to official use within federal govt. U.S. corporations as well as U.S. officials who approve & oversee export licenses should have access to such information.
Former Defense Sec. Wm Perry's ill-conceived "Defense Conversion" program under Joint Defense Conversion Commission led to the 1995 release by Commerce dept, in cooperation with Defense Dept, of a list of Chinese military-related companies. Sec. Perry & Administration announced pgm goal rogram was to convert China's military industry to civilian production. But China's leaders were more realistic about the pgm. They made it clear the goal was to improve China's military production by engaging in parallel civilian production of similar goods within the same manufacturing plants, not to convert defense industries to civilian use.

Pressure from Congress & media forced Administration to abandon this pgm but the PLA-related companies list provides a baseline of valuable information that enables U.S. companies to avoid doing business with military- related companies in China. Moreover, U.S. companies should have access to China's Defense-Industrial Trading Organizations directory published by the Defense Dept which lists 50+ major state-owned, military-related industrial conglomerates & factories in China seeking to improve defense item manufacturing ability by importing dual- use production items.

Trade & expansion of freedom
Although private sector productivity far surpasses that of state-owned sector, and private sector's share of gross domestic product (GDP) is ever increasing, majority of Chinese workers still employed by some form of collectively owned enterprise. China's workers' liberation from state sector key to expanding freedom in China. Trade & investment, byproducts of extending China permanent normal trade relations and accession to the WTO, will increase private enterprise & individual property ownership in China.
  [ False assumption that property rights yield citizens' & workers' civil liberties. ]
Beijing exercises control over the livelihood of the Chinese people largely through state-owned enterprises. Incredibly low wages but subsidized housing, health care, child care, food, clothing, and education are provided as non-wage compensation. The level of compensation Chinese workers receive for their work is not as important as the way they are compensated.
  [ This limited economic emphasis led to corrupt trade practices as expression of "free trade" ]

State workers are forced to depend on government-subsidized benefits. Because they are not paid enough to be able to choose private alternatives, they must comply with intrusive government regulations, like family planning and controls on speech, or risk the loss of the vital benefits.
  [ This is the causal presumption that is superstition, not science ]
To break this cycle of dependence, Chinese workers need greater access to private-sector employment alternatives.
  [ Democracy is the right to a meaningful vote, not necessarily the choice of employer. If the people choose through unfettered elections to impose employment restrictions on their national workforce for a consensual goal, e.g. long term sacrifices in devotion to space exploration or unions & guilds rather than govt as primary guarantor of worker's rights, they remain in possession of democratic liberty as long as they regularly have the opportunity to rescind that mandate via legitimate political expression of popular will. To define civil liberty solely as or resulting from economic freedom is a lie.
If Chinese citizens opt through referendum to surrender civil liberties for the sake of individual welfare services or enhanced national security, as U.S. citizens are presumed to have done for several decades, they have a democratic right to do so as long as the state does not use those national security resources to silence dissenters to that policy or govt supply of care to coerce acquiescence.
This is why human rights struggles pursue the absence of punitive enforcement against self expression, not paramount property rights. There is no freedom in the right to starve.
]

Increasing the presence of American firms in China can assist in the development of its private sector. … As the private sector grows, so too will the scope of these freedoms.
  [ Presumption unsubstaniated by presence to date of U.S. firms in developing nations or China. Cf. CIRF ]
Real & measurable expansion of freedom in China does not require waiting for a middle-class civil society to emerge; it is taking place now and should be encouraged by increasing trade with China. … Democratization in Taiwan offers some lessons. … China's failure to adhere to intl HRts covenants it signed, such as Intl Covenant on Civil & Political Rights. Perennial debate in Washington over China's trade status has not induced Beijing to improve its treatment of Chinese people. …


    SEC rejects Global Crossing settlement
    8.28.02   Stacy Cowley IDG News Service
SEC rejected a proposal from bankrupt telecomm carrier Global Crossing to settle a probe into co. accounting practices, according to a Wall St Journal report. Global Crossing's offered to end fraudulent activities without admitting or denying guilt. SEC officials are pushing instead for a settlement that would cite specific co. officers for wrongdoing. Representatives of SEC & Global Crossing (Madison, NJ) declined comment.
Global Crossing filed in January for bankruptcy protection amid allegations of accounting chicanery. Hutchison Telecommunications & Singapore Technologies Telemedia agreed earlier this month to buy a 61.5% share of the company upon its emergence from bankruptcy, which Global Crossing expects to happen early next year.

Global Crossing taps Perle as advisor
3.22.03  
AP

Defense Dept advisor Richard Perle, said he is helping Global Crossing Ltd. try to win govt approval of its sale to foreign companies, deal that prompted concerns about national security.
Perle would receive $725K for his work, incl $600K if govt approves Global Crossing's sale to a joint venture of 2 Asian firms, according to lawyers & others involved in the bankruptcy case.
As Defense Policy Bd chair Perle is covered by govt ethics prohibition on using public office for private gain. DefSec . Rumsfeld named him to the board in 2001. Perle said he has not violated ethics rules.


    Ch.16   "The gang's all here"
    The Death Lobby   How the West armed Iraq
    1991   Kenneth R. Timmerman, Houghton Mifflin
… Reagan was not going to see all that good business go down the drain just because of a few Kurds. Neither was George Bush. Jan. 1989 Senate hearings on Iraq after Bush's inauguration led to new legislation calling for drastic trade sanctions on Iraq to punish Iraq for using chemical weapons against its own citizens. The Senate Bill, called the Chemical & Biological Control Act of 1989, passed Jan. 25. It called on U.S. govt to block export licenses to Iraq of sensitive tech, and to cut off U.S. govt-supported loans, incl CCC guarantees & credits from the Exim Bank. Worse, it stipulated that "U.S. shall not import any good, commodity, or service" from Iraq. It amounted to a trade embargo as complete as the one imposed by the UN following Iraq's invasion of Kuwait.

One of Pres. Bush pere's first official acts was to veto the Iraq sanctions. The new Administration meant not merely to continue business as usual with Iraq, but to ensure that business got better. In early months of Bush admin, the White House issued National Security Decision Directive calling for improved relations & business activity in Iraq. All U.S. govt agencies were called upon to implement the new policy. With open encouragement from the Bush admin, U.S. trade with Iraq climbed past $3 billion 1989 and was set to go higher until Saddam Hussein invaded Kuwait.

… Commerce Dept understood Huteen weapons complex' true nature. It also shows that they understood in detail the involvement of BNL Atlanta, and yet sounded no alarm bells. In file accompanying DoC case # D006442, investigators noted that they called Christopher Drogoul at BNL Atlanta, who was financing the deal, "in an attempt to get end user information" about Huteen. Drogoul shrugged them off with excuse that "the letter of credit in question was received by the bank in the same batch as a number of other letters of credit relating to the Badoush [sic] Dam project." Incredible as that explanation appeared, Commerce let the matter drop.
Huteen complex included several different production lines to manufacture everything from explosives & propellants, to Cardoen cluster bombs. But why did the Iraqis need the specially-hardened machine-tool bits? According to former Dep. Defense UnderSec. Steve Bryen, it may have been for cutting & shaping depleted uranium, … Kendrick didn't blink when questioned about the possibility of manufacturing uranium penetrators. "Sure these machines could do it, and we sold them other machine-tools which we use here in the U.S. to make uranium fuel pellets for nuclear power plants. But the Iraqis got them without all the radiation protection, which would make it pretty hairy if they ever wanted to use them for that purpose. I mean, their operators would have a very short life span if they did that."

… Whenever Iraqis had bills to pay they sent notice to BNL of the amount, and the money was paid into a series of clearing accounts. According to indictment by Asst U.S. Atty in Atlanta, this procedure "effectively concealed not only BNL-Atlanta as the source of the funds generated, but also identities of ultimate recipients of funds and purposes for which they were used." … U.S. Customs Service Strategic Investigations Unit in Washington bring technobandits of all stripes to justice.

Direct arms purchases dropped end of 1986; Saddam intensified efforts to develop home grown arms industry in Iraq. … Saddam wanted to have it at least equal S.Africa, which, in braving UN arms embargo imposed in 1977. had succeeded in creating its own armaments industry "from the earth to the sky." While Iraq did not possess the same wealth of minerals as S.Africa, it had enough oil to buy them on the open market. Like S/Africans, Saddam wanted total control over the entire weapons manufacturing process, from pouring the steel & bending it into shape, to the final line of computer code that guided a missile to its target. … to become a huge military & civilian steel manufacturing center for all sorts of applications, incl tank bodies & tank armor. To finance it all, they turned to the BNL branch in Atlanta. … During Saddam's reign, Iraq went from self-sufficiency as a food producer to near total dependence on imports, while building up a huge arms industry … BNL was there to pay for the conversion.

… 4.28.89 First Baghdad Intl Exhibition for Military Production … French engineer who specialized in munitions ran his finger over the rough welding joints of an Iraqi bomb. "They don't lose any sleep over quality control, do they. And you know something? In the end, they're right. We spend a fortune trying to smooth out those rough edges. We make 3 star bombs polished as a mirror and as expensive as jewels. But in the end, they're all the same. They only get used once and the guy who's on the receiving end of one of these is never going to complain because of a few manufacturing defects."


Al Martin 1 2 3 4 5 6 7 8 9   Cheney rebuff to GAO rpt (?)
open lid on this worm can
Chinese billionaire wants Global Crossing
Red moneyman seeks to take over U.S. communications giant   [ incl munitions services ]
2.12.02   Charles R. Smith
NewsMax

Global Crossing, largest telecom co. in U.S. history to seek Chap.11 bankruptcy protection, agreed to buyout by Hong Kong's Hutchison Whampoa Ltd. & Singapore Technologies Telemedia Ltd. Under terms of the agreement, Hutchison & STT would each invest $375 million in cash in the Bermuda-based co. Creditors would receive remaining 21% equity of the firm, $300 million in cash and $800 million in notes, in exchange for forgiving the company's debt. According to the agreement, Global's shareholders would receive nothing.
This buyout is drawing fire from inside Capitol Hill. At issue is the role of billionaire Li Ka-Shing, Hong Kong's most well-known businessman, whose companies make up 15% of Hong Kong stock market market capitalization . Li Ka-Shing's empire incl Hutchison Whampoa, Chinese ports, telecom, energy assets and the Panama Canal. Rep. Dana Rohrabacher R-CA sent letters to President Bush, atty general, Defense Dept and the investigative arm of Congress demanding an inquiry into the plan, according to Rohrabacher national security adviser Al Santoli.

"The purchase of Global Crossing by Li Ka-Shing is another step as his role of a stalker for the People's Republic of China," stated Santoli. Rep. Rohrabacher claims Li's close connections to Chinese govt should disqualify him from owning Global Crossing's network. Li Ka-Shing's ownership also raises national security issues. Global is major bidder for U.S. Defense communications contracts. Global Crossing recently lost a $400 million U.S. defense contract to provide secure communications for the U.S. military. The contract remains a major part of controversy surrounding bankrupt telecommunications giant, which also reportedly controls 20% of all the fiber-optic cable leaving U.S.

"China is gaining access to global communications via [Li's] acquisitions in air, land and space. There will be a big price to pay for this if the PRC were to decide to call in its chips in the event of conflict with the West," noted Santoli.
[ Hard to accept judgements of a natsec advisor who speaks in vague euphemisms ]
"Chinese govt helps Li Ka-Shing; his close ties to PLA intelligence are well known," said Santoli. Evidence that Li Ka-Shing is part of communist Chinese govt according to documents obtained using Freedom of Information Act "Li's relationship with senior PRC officials is very strong." Li is not only in business with PRC President Jiang Zemin's son, jointly developing property inside Tiananmen Square for the communist govt, but he also is directly in business with the Chinese military through its vast empire of front companies such as weapons maker Poly Technologies Inc. Li Ka-Shing's direct business contacts with the Chinese army documented in 1997 Rand Corp. report on the Chinese military industry: "Hutchison Whampoa of Hong Kong, controlled by Hong Kong billionaire Li Ka-Shing, is also negotiating for PLA wireless system contracts, which would build upon his equity interest in Poly-owned Yangpu Land Development Co., which is building infrastructure on China's Hainan Island."

According to recent biography entitled "Li Ka-Shing," the billionaire formed a partnership with 2 leading members of the Asian "Triad" organized crime families, Robert Kwok & Henry Fok, to form the China Intl Trust Investment Company (CITIC). Rand Corp. report noted CITIC had acted as a front for Poly Technologies Inc., arms manufacturer owned directly by the Chinese army. "CITIC does enter into business partnerships with & provide logistical assistance to PLA & defense-industrial companies like Poly," noted the 1997 Rand report. "Poly Technologies, Ltd., was founded in 1984, ostensibly as a subsidiary of CITIC, although it was later exposed to be the primary commercial arm of the PLA General Staff Dept's Equipt Sub-Dept," states the Rand report. "Throughout the 1980s, Poly sold hundreds of millions of dollars of largely surplus arms around the world, exporting to customers in Thailand, Burma, Iran, Pakistan, and U.S. Poly's U.S. subsidiaries were abruptly closed Aug. 1996. Allegedly, Poly's representative, Robert Ma, conspired with China North Industries Corporation's (NORINCO) representative, Richard Chen, and a number of businessmen in California to illegally import 2000 AK-47s into U.S.," states the Rand report.

Li Ka-Shing is also part owner of a firm involved in illegal transfer of missile technology to the Chinese army. Commerce documents show Li owns one-third of Asia Satellite Telecommunications Holdings, or AsiaSat. According to Aviation Week & Space Technology, AsiaSat is also partly owned by the Chinese army. AsiaSat satellites regularly carry "military communications" traffic for PLA units & Chinese military-owned companies. U.S. defense contractor Lockheed Martin pleaded guilty to 30 counts of illegal missile technology exports to AsiaSat. Lockheed Martin agreed to pay the U.S. govt $13 million in fines for the illegal transfer of "kick-motor" technology to AsiaSat in order to avoid export restrictions.

The Hong Kong billionaire has even closer ties to the Chinese army. Li Ka-Shing is in business with China Resources firm operated directly by Military Intelligence Dept of PLA HQ. According to Senate testimony, China Resources is "an agent of espionage, economic, military and political, for China." China Resources Enterprises has previously been accused of illegal donations to the Clinton-Gore 1996 re-election campaign. According to Senate testimony, China Resources Enterprises was directly linked to Chinese military espionage & Indonesian billionaire Moctar Riady. "Lippo group, run by the Riady family, which employed [John] Huang, had over the past few years become a major business partner with China Resources, trading company wholly owned by PRC govt, and which has reportedly served as an intelligence-collection front for China," noted Sen. Thompson during his summary of the China campaign finance scandal.

According to frantic 1996 cable from U.S. Embassy in Panama, China Resources put a $400 million investment into Li Ka-Shing's Hutchison Whampoa as part of a "front" company controlled by Beijing. "Embassy Panama has received information to the effect that HIT (Hutchison International Terminals) is controlled by mainland Chinese perhaps through a Macao front which allegedly recently invested $400 million in HIT," states the cable. "Such control would have security implications and might affect the Panamanian govt's views on awarding the port concessions." According to Oct. 1999 "Intelligence Assessment" prepared by the U.S. military Southern Command, the Hong Kong billionaire is a potential threat to America. "Hutchison's containerized shipping facilities in the Panama Canal, as well as the Bahamas, could provide a conduit for illegal shipments of technology or prohibited items from the West to the PRC, or facilitate the movement of arms & other prohibited items into the Americas," concluded the U.S. military intelligence report.

U.S. Commerce Dept documents also show that U.S. law enforcement agencies were very concerned about billionaire Li Ka-Shing & his connections to international smuggling. 1995 cable from American Embassy in Nassau noted that Li Ka-Shing had signed an agreement to build an $88 million container ship terminal in the Grand Bahamas. U.S. Embassy in Nassau copied the cable to several law enforcement agencies incl U.S. Customs & DEA. "Reftel describes U.S. agencies' security concerns about possible smuggling attempts through the terminal," states the cable from the American Embassy. "Post will request via septel assistance in addressing these concerns while port development plans are still on the drawing board."

According to recently declassified documents from the U.S. Commerce Dept, Li Ka-Shing is a very special man in Beijing, Washington and Hong Kong. "Li is reputed to have a close business relationship with key figures in Beijing," stated Aug. 1999 cable from U.S. Embassy Hong Kong. "Li is a leading member of Hong Kong's ethnic Chinese business elite, a tycoon who is no democrat.
His recent claim he canceled HK$10 billion (US$1.3 billion) project because of the unfavorable business climate created by Hong Kong's politicized (more democratic) business climate," continued the cable.

Despite his hostile attitude toward democracy, Li Ka-Shing met frequently with the Clinton admin. Commerce Dept documents show Clinton Commerce Sec. William Daley (Al Gore pres. campaign chair) met with the Beijing tycoon at 1997 luncheon hosted by investment firm Goldman Sachs. Commerce documents note that informal "talk" between Daley, Li and several "influential business people" was held on Goldman Sachs boat, "Monkey's Uncle," during a 1997 Hong Kong trade trip. "Goldman Sachs' boat ('Monkey's Uncle') will depart from the Causeway Bay Typhoon Shelter at 11:30 am. The boat will sail near the new airport site at Chek Lap Kok. Lunch will be served on board."

Commerce documents also show Daly & Li met on board "Monkey's Uncle" with leading Beijing-owned businesses, incl some directly associated with the Chinese army, China Resources, CITIC and China Everbright. The documents note alleged organized-crime "Triad" gangsters were included on 1997 voyage of the "Monkey's Uncle." According to official U.S. Commerce materials, Sec. Daley sailed on a paradise cruise from Hong Kong with the "who's who" of Triad mob families. Some other "influential business people" were also included on the guest list for the lunch cruise. Among the leading figures are Raymond Kwok, Robert Kwok and Canning Fok. The Fok family leader, Henry Fok, is reported to be a member of the 14K Triad.

According to Ed Timperlake & Bill Triplett, co-authors "Red Dragon Rising," "Henry Fok first made his name by running UN embargoed goods to China during Korean War. His son was later convicted for trying to bring Chinese machine guns into the U.S." Robert Kwok reportedly leads the Kwok family businesses and allegedly is involved in heroin smuggling inside Burma. In 1997, Commerce Sec. Daley met with Kwok & his son Peter. Peter Kwok is business partner of D-CA Sen. Dianne Feinstein's husband, Robert Blum. Peter has also worked for Li Ka-Shing & Chinese army. In 1989 he helped CITIC & Li Ka-Shing raise $120 million to buy a Hughes-built communications satellite for AsiaSat, co. part-owned by Chinese army unit COSTIND (Commission on Science, Technology and Industry for National Defense). Chinese army continued to supply al-Qaeda with arms even after the terrorist strikes.
Sells communications services
and operates a fiber-optic network
linking U.S., Japan, Hong Kong, Taiwan,
S.Korea, Malaysia, Philippines and Singapore

corp. HQ   Hamilton, Bermuda   founded 1999
CEO John M. "Jack" Scanlan   chair Jeremiah Lambert
IPO 10.6.00 $7/share   current
peak share price intra-day 1.31.01 $11.69

employees 425   incl 17 in L.A.   mkt cap $29.1 million
2002 revenue 9 mo. $89.6 million
major shareholders Global Crossing Ltd. 58.9%,
Microsoft Corp. 14.7%, Softbank Corp. 14.6%


Asia Global Crossing files for bankruptcy
Co. reorg plan puts major crimp in ailing GC's available cash.
11.18.02   Jas S. Granelli & Elizabeth Douglass L.A.Times

Asia Global Crossing Ltd., key asset of ailing Global Crossing Ltd., filed Chapt.11 petition itself Sunday to reorganize its debt and sell its assets to a new venture formed by a Chinese telecomm co. The long-expected petition, filed in U.S. Bankruptcy Court in NY, would turn over control of 24,200 miles of a sophisticated underwater high-speed, fiber-optic network to Asia Netcom, created by govt-owned China Netcom Communications Group Corp., for $120 million in cash.

Joining in Asia Netcom are venture firms Newbridge Capital & Softbank Corp.'s Softbank Asia Infrastructure Fund. Asia Netcom also would have a $150-million bank line of credit under the deal. Asia Global listed $2.6 billion in debt and $2.3 billion in assets, both as of Dec. 31.
The deal, if approved by the court, would represent the first overseas investment by a Chinese telecom firm and one of the few investments by any govt-run enterprise. Asia Global, based in Bermuda, owns or operates lines connecting 8 Asian countries & U.S..

Asia Global was operated mainly out of L.A., but since Global Crossing's bankruptcy filing in Jan., it has increasingly moved operations to Hong Kong.
With few assets left in the U.S., Asia Global doesn't expect to need any federal regulatory approval for the deal. Of Asia Global's 425 employees, 17 are based in L.A. and will stay through the transition, which the co. expects to complete by the end of March.

"We have been able to achieve our desired objective of ensuring our company's ongoing & uninterrupted operations in the future, without compromising customer service," said Asia Global CEO John M. "Jack" Scanlon. "Once approved, this transaction will mark the successful completion of the restructuring process we began in early 2002."
Sunday's filing also is expected to sever Global Crossing's 59% stake that it has maintained in Asia Global since the unit's public offering 2 years ago. That will put a major crimp in Global Crossing's available cash, which it needs to fund operations until it can emerge from bankruptcy.

Asia Global's $252 million of cash on hand amounts to about half of the parent company's total $557 million in cash at the end of Sept. Global Crossing has been running through about $60 million of its cash a month, according to operating statements it files with the Bankruptcy Court.
Also losing big chunks of Asia Global are Microsoft Corp. and the investment arm of Softbank, each of which holds a nearly 15% in the co.
Asia Global stock, traded over the counter, closed unchanged at 5¢/share Friday. It has lost 96% of its value this year.

Relations between Global Crossing & Asia Global have grown increasingly tense since late last year, when the parent co. hired the unit's chief executive and then refused to fund a promised $400 million in lines of credit for Asia Global.
Early this year, Asia Global embarked on a restructuring plan to cut costs and find new investors. It settled with 2 vendors over $266 million in overdue bills, though terms remained secret. It also raised $120 million in April by selling its share of 3 joint ventures to partner Hutchison Whampoa Ltd., giving the Hong Kong conglomerate a local phone carrier, an Asian data center and e-commerce operator ESD Services.

Hutchison, run by Hong Kong's wealthiest billionaire, Li Ka-shing, is one of 2 Asian firms awaiting federal & court approval to bring Global Crossing out of bankruptcy. Hutchison & Singapore Technologies Telemedia jointly bid $250 million for Global Crossing, whose bankruptcy filing in January was the nation's fifth largest.
In both deals, analysts say, Hutchison-STT and China Netcom are getting stellar assets for a pittance. With abundant capacity on their systems, they said, the companies can easily swap space to complete worldwide networks.

"Global Crossing spent billions to build the network, and all Hutch has to do is operate it," said analyst Jay Pultz at research firm Gartner Inc. "Basically, it's a free network for Hutchison."
In picking up Asia Global, China Netcom will get a 12,120-mile network of undersea cables that link the largest business centers in Asia. A troubled partnership, Pacific Crossing Ltd., operates 2 lines that connect Japan to the U.S. But Pacific Crossing also is in bankruptcy, and Asia Global's stake probably will be wiped out. However, both Asia Global and Global Crossing could continue to use the lines under capacity agreements with new owners.

In a statement issued late Sunday, Global Crossing said that its "customers will not experience any changes in their service." Asia Global has been focusing on selling communications & data services to customers in and around Asia. The co. said about 80% of the region's fiber-optic network traffic travels among Asian nations.

The Asia Global-China Netcom deal comes at a time when Chinese political leaders, working to stoke the country's economy, are trying to promote Chinese companies and create a degree of competition in one of the world's largest markets for telecom services.
"China is trying to develop companies within the country and [previously] hasn't shown any great inclination toward overseas investments," said industry watcher David Webb, editor of Webb-site.com, an Asian telecom site.

Asia Global operates the most modern & extensive private network in Asia. Its lines carry voice & data traffic from California to Japan, China, Taiwan, Hong Kong, South Korea, Malaysia, the Philippines and Singapore.
A major goal of the intra-Asia links, completed in August, is to provide more direct routes for voice & data, which in the past traveled first to the U.S. before heading back to Asia.

The operation is part of the worldwide network put together for more than $10 billion by Global Crossing under L.A. financier Gary Winnick. The highflying telecom sector in the late 1990s made top executives wealthy beyond expectations. Winnick cashed in more than $575 million worth of Global Crossing stock before the industry began sinking last year.
As network builders, Global Crossing & Asia Global began transforming themselves into telecom service providers as demand was slowing and prices were plummeting. The subsidiary never accounted for much of the total revenue of the consolidated operation, a mere 6% in Sept., but it has been a big contributor to Global Crossing's losses, making up 22% of the parent's $138-million loss in Sept.

Pultz and others believe that Asia Global is "the key strategic asset" of Global Crossing. They figure that with a worldwide glut of capacity, falling prices and a stagnant industry, Asia Global has less competition and can charge customers more.
Some, however, doubt that Asia Global has much to offer the new Global Crossing under Hutchison-STT. Companies bidding for Global Crossing last summer generally wrote off the stake in Asia Global, figuring the subsidiary would eventually go bankrupt to fix its own financial problems.

It's now cheaper to lease capacity than own & operate a long-haul carrier, experts said. "Asia completes the picture for Global Crossing, but Global doesn't need it this year or next," said analyst Brownlee Thomas at Giga Information Group Inc. in Cambridge, Mass.
Hutchinson would have been a likely suitor for Asia Global. But Hutchison's owner Li is one of China's biggest private investors and close to the country's governing elite. Experts figure it was unlikely he would bid against a co. controlled by the Chinese govt.
"He's already cut his deal with the Chinese govt," Thomas said. "Nobody's walking away from money. If the key to Asia is China, Li's trading for access to other opportunities."

More important, she noted, Global Crossing's main revenue stems from its North America & Europe lines, not the new Asia lines.
"I would have said Asia Global is a key element, but given the economic situation, with the recovery considerably slower than expected and war with Iraq making progress even slower, the business for Global Crossing is N.America & Europe," she said.

But it's unclear what the effect will be on the industry from a price hike imposed by the Chinese govt last week. Ignoring the world's telecom problems, China staggered the industry by raising the price for access to China's telephone customers from 2¢ a minute to 17¢ a minute.
Webb, for one, doesn't believe that China can maintain such a huge increase.
In May, the Chinese govt split up the monopoly held by China Telecom Corp., the national phone co. It created China Netcom to cover 10 provinces and gave China Telecom the remaining 20 provinces.

Bush asks Congress to extend China trade status ¹
6.2.01   AP

WASHINGTON   President GWBush asked Congress to extend for a year China's normal trade relations with the U.S. because they are beneficial to the American economy and imperative to promoting an "economically open, politically stable and secure China." In a letter to House & Senate leaders, Bush formally requested on Friday extension of the trade status that China and "virtually every other country in the world" now enjoys. Bush outlined his argument that U.S.-China trade benefits both American farmers, who last year exported more than $3 billion in goods to China & Hong Kong, and American business, which last year increased overall exports to China by 24%.
"Trade is in the interests of American consumers, especially those who live from paycheck to paycheck and depend on inexpensive goods from China to enhance their quality of life," Bush said in a statement. "Fair trade is essential not only to improving living standards for Americans but also for a strong and productive relationship with China." After a major fight last year, Congress passed legislation granting China permanent normal trade relations with the U.S., which set tariffs on Chinese products at the same low levels as virtually every other U.S. trading partner's. The action scrapped annual reviews of China's trade benefits that Congress had conducted for 20 years.

La Jolla, CA   … A key & growing reality in all these cases is the capacity of our adversaries to make these products themselves or to obtain them from those who lie outside the circle of multilateral control regimes. In the case of computers, for example, China, as well as India and others, have the capacity to make these machines themselves. While they do not -- and cannot -- manufacture to compete with U.S. companies, they can make machines that will function at performance levels sufficiently high to provide the military capabilities they seek. Denying them U.S. products simply encourages their own development and production -- which was precisely the effect of the Reagan Administration's decision to deny India HPCs. Moreover, our lead in many of these sectors is not based on our monopoly of the technology; rather it is based on the quality and efficiency of our production. Close a market and we will create viable competition where there is very little now. And that competition, as we have learned in so many other sectors over the past thirty years, will not stop with China or India but will move on to compete head to head against us elsewhere to the long term detriment of our global leadership.
In other words, the biggest loser in the face of closed markets is not the Chinese but the Pentagon, whose access to cutting edge goods and technologies will be slowed, and the U.S., whose technological leadership will face new challenges from new suppliers.

ACCOMPLISHMENTS
In this context, our goals for reform have focused squarely on streamlining and liberalization as the requisite means to deal with the global changes I have outlined. The good news is that many of these goals have been met. The bad news is that there are attempts to roll back those hard-fought changes and return us to a Cold War mentality that will not only hurt us economically but will ultimately harm our security as well. Despite these pressures, we are not standing still, and I would like to take a few moments to comment selectively on some recent events. …


U.S. tech firms gain solace from robust China sales
7.10.01  
Reuters

SINGAPORE   For U.S. technology giants grappling with an economic crunch and anaemic demand at home, robust sales growth in Asia-Pacific markets, particularly China, offers a gleam of hope. Software giant Oracle, network testing equipment maker Agilent Technologies and Cisco Systems, the world's largest maker of data networking gear, have trumpeted the enormous growth potential of China's market. The world's fastest expanding economy, China has provided some solace for tech heavyweights stung by shrinking orders in the U.S..
"Oracle's sales in China have been growing at an average of 50 percent year-on-year over the past few years," Pak-Wah Pong, regional managing director for Oracle Greater China, told Reuters in an interview. "China now accounts for over 50 percent of revenues from the Greater China region." Oracle's Greater China region comprises the Hong Kong, Taiwan and China markets. "My estimate is that our China sales will grow over 70 percent in the next two years and China will contribute 70 percent of our revenues from the Greater China region," he said. Pong said the China market accounted for "a big portion" of Oracle's Asia-Pacific revenues but declined to provide details. For Oracle's fiscal year to May 31, the region's revenues accounted for nearly 14 percent of global sales, up from about 12 percent a year ago.

software demand
Dorothy Yang, China research manager at consultancy IDC Asia Pacific, said the country was one of the fastest growing markets in Asia for Oracle, given its projected gross domestic product growth of 7.0 to 7.5% in 2001 & 8% in 2002. "China is at a very early stage of software adoption," Yang said. "The China software market is valued at about US$1.2 billion currently, with 40% year-on-year growth in 2000 and compounded annual growth of 38% over the next 5 years." Pong said China's state-owned enterprises need information technology solutions as they privatise.
IT solutions are industry shorthand for almost any package of software a company may offer, for instance, programmes to help people buy and sell raw or finished materials, then help track their movement to market or factory, as well as applications in communications and banking. "The economy in China is also doing well and that has triggered a lot of (software) purchases," Pong said. "For example, we have one government ministry buying a database for 10,000 to 20,000 users from us, you cannot find this number of users in Hong Kong or Singapore."

fastest growth
The China market, which accounts for more than five percent of Cisco's global sales, is also its fastest-growing market in the region, Gordon Astles, president of Cisco's Asia-Pacific operations, told Reuters in an interview. The Internet communications gear maker expects to earn revenues of about US$1 billion in the current financial year from China, he said. "We have seen tremendous results in China...as the government is committed to making the Internet an effective tool," Astles said, adding that Cisco's Asia-Pacific revenues would continue to grow at a rapid clip.
Hewlett-Packard spin-off Agilent is also singing the same tune about China and the rest of Asia. China is Agilent's largest market in Asia, contributing about 50% of its regional sales, Ian Johnston, director of technology for Agilent's Asia communications solutions group, told Reuters. "We see at least 35% growth in our communications revenues in Asia over the next few years," Johnston said. The stronger growth would come mainly from the north Asian economies, particularly China, which is benefiting from a huge inflow of investment funds, he said.

With Internet usage and cellular penetration rates in China projected to soar in the next few years, companies like Cisco and Agilent are well-poised to ride that growth, said IDC Asia Pacific telecoms research manager Gary Hong. Hong estimates that China will have more than 300 million cellular users by 2005 compared with about 85 million in 2000, while Internet dial-up and broadband users are set to hit 9.9 million in 2001, up from about 5.5 million in 2000. "We expect Internet penetration rates to reach 2.5% in 2004, up from 0.5% in 2000, as growth in Internet usage and e-commerce picks up, and as more people use wireless devices and conduct online transactions," Hong said.

Shanghai   Richard Chang, devout Christian raised in Taiwan and educated in U.S., has opened a $1.6-billion semiconductor factory here and plans to build a church for his 3,000 employees.
Chinese officials have displayed a cool, some would say hostile, attitude toward foreign religions. But they have put out the welcome mat for Chang because they desperately need his expertise.

… The semiconductor is one of the sophisticated, high-value products that form the cornerstone of an advanced economy. Chinese officials believe that mastery of the 250-step production process for the chips will teach factory managers and engineers the skills needed to lift China into the top tier of industrial powers.
With single-minded determination once focused on ideological crusades, govt has embarked on a crash program to develop a world-class semiconductor industry, using tax breaks, free land and other incentives to attract foreign companies and know-how.

Though primitive by the standards of the U.S., Japan or Taiwan, Chinese chip making has taken a big step in the last few years. A recent report by the U.S. GAO said several of China's factories, using foreign capital & technology, are one "generation" or less behind the world's leading semiconductor makers. Chip technology undergoes a significant advance, entering a new generation, every 2 years.
Chinese leaders are counting on foreign technology experts such as Chang to help them make the next leap.
Under tight security in a cavernous building in Shanghai's Pudong district, employees of Chang's Semiconductor Manufacturing Intl Corp. work in sterile "clean rooms," producing silicon chips with circuits as narrow as 0.18 micron, barely one-thousandth the diameter of a human hair.

The factory, among the most advanced in China, makes semiconductors for companies in Japan, the U.S. and Europe. The chips are packaged and sold under those firms' brand names and delivered to customers in China, which put them in a variety of electronic products.
"Because of our proximity, it is easy for us to penetrate the China market," said Chang, a 53-year-old engineer who is co. president & chief executive. "We are not the price leader, but we offer better services in China. And performance-wise, we are first-rate."

China produced $900 million worth of semiconductors in 2000, compared with $11 billion for Taiwan. But it is not only in volume that China lags behind the industry leaders. Sophisticated factories such as Chang's are rare.
Nearly all the chips made here are of the rudimentary kind used in microwave ovens and televisions, "trailing-edge" technology, as it is known in the industry. China does not make enough even of these comparatively primitive chips to meet the demands of its factories, whose consumption of semiconductors is growing 30% a year. The country imports 85% of its chips.

"Semiconductors are the key to the information technology industry," said Yu Zhongyu, president of the China Semiconductor Industry Assn. "If we want to develop further, we need to have this skill." Just a few years ago, China's prospects in this high-tech realm seemed poor.
U.S. restricted Chinese access to the most advanced American semiconductor technology out of concern that it might be put to military use. Air & water pollution made it hard to create the sterile environment needed for chip manufacturing. Skilled technicians & managers were in short supply, a legacy of the late-1960s Cultural Revolution and its purges of intellectuals.

China also lacked the necessary investment capital. Building a semiconductor factory, or "fab," involves huge start- up costs, more than $1 billion in equipment alone. To develop a globally competitive industry, China needed foreign capital & talent.
In 1995, the govt set out to get both with Project 909, 5 year plan with ambitious goals for building chip plants and developing technical expertise. China lowered barriers to foreign investment and set up high-tech zones offering free land and tax holidays. To encourage Chinese factories to use chips made in China, the govt imposed a 17% tax on imported semiconductors and charged just 3% for those produced domestically.

Chip makers from Japan and later Taiwan began setting up production facilities in China. Initially, they had to export most of their output, so home-grown enterprises would be protected from competition. But the govt gradually permitted foreign-invested factories to sell more of their semiconductors in China. That attracted more foreign firms.
Today, Motorola Inc. operates a giant semiconductor plant and a test & assembly facility in Tianjin, port city southeast of Beijing. Even as it slashes jobs in other countries, Motorola has announced plans to spend $6.6 billion over the next 5 years in China, building at least 10 more semiconductor wafer fabrication plants. "Everybody is making a bold dash into China," said Fairchild Semiconductor Intl Inc. pres. Kirk Pond. The American firm is building a $200-million facility near Shanghai to assemble & test chips for sale in China.

Taiwanese leaders feel particularly threatened by all this. They fear that the loss of chip-making jobs will hollow out the island nation's economy and give China leverage in their long-running political struggle. For years, Taiwan barred its semiconductor makers from doing business on the mainland, though companies found ways around the rules.
But this year, after lobbying by Taiwanese companies, the govt eased those restrictions, permitting the transfer of all but the most sophisticated technology.

Microsemi Corp. of Irvine, a leading supplier of chips to the U.S. military & space programs, is among the American companies making their way to China. Eager to expand its commercial & industrial business, the firm has opened a factory in Shanghai, its first outside the U.S..
The factory, a joint venture with a Chinese co., makes a specialized line of chips used in power plants and other industrial applications. Raw materials are cheap, and engineers with advanced degrees and 5 years of experience can be hired for less than $500 a month, said Microsemi's intl operations vp Andy Yuen. The factory produces high- quality chips at one-third the cost of a similar product in the U.S..

"We chose Shanghai as a center because everything we need is within 20 miles of our factory," said Yuen, a Hong Kong native who oversees the firm's operations in Asia and Europe. "Raw materials, chemicals, tooling, you name it, they're here. Instead of just having low-end assembly workers, we can use Shanghai as a place for brainpower. My goal is to do 100% here, no exceptions."
Foreign technocrats such as Yuen & Chang provide China with something money can't buy: extensive experience in the intensely competitive semiconductor industry.

Chang was born in Nanjing, China, and raised in Kaoshiung, Taiwan, where his parents moved before his first birthday. They were among the thousands of Chinese who fled after the Communists wrested control of the mainland in 1949. After graduating from National Taiwan University and completing his military service, Chang went to the U.S., where he got a master's degree in engineering science at the State Univ. of NY in Buffalo. He & his wife, also an engineer, went to work at Texas Instruments Inc. in Dallas.
Over the next 2 decades, Chang played a key role in the co. global expansion, helping oversee the launch of 6 semiconductor factories in Asia & Europe.

After taking early retirement from Texas Instruments in 1997, he decided to return to Taiwan. Backed by a group of intl investors, Chang founded Worldwide Semiconductor Manufacturing Corp., which made custom chips for the world's leading technology firms.
In 2000, Worldwide merged with a Taiwanese chip maker, and some of Chang's customers and investors urged him to start another factory. With $1.6 billion in funding from firms such as Goldman Sachs and H&Q Asia Pacific, a Palo Alto investment group, Chang went shopping for a location. Officials in Shanghai offered him the most attractive tax breaks, along with cheap land, water and electricity and a large supply of technical talent.

But for Chang, the critical factor was spiritual. A missionary trapped in an engineer's body, he saw his company as a way to strengthen Christianity in the world's most populous nation. "China is a good place in many aspects. The market is huge. Manufacturing costs are competitive. The pool of talent is also very good," he said. "But frankly, I was thinking about how I could share God's love with the Chinese more than how I could help the economy."
Chang traveled the globe assembling a team of chip designers, engineers and production experts, many from the Chinese Christian community. He offered the classic tech-company bargain: a chance to be on the ground floor of a pioneering venture, with stock options.

To ease employees' culture shock, he is building a housing development near the Pudong factory, with a bilingual school. Roger Lee, 43, gave up a good job at Micron Technology Inc. of Boise, Idaho, one of the world's largest memory chip companies, to join Chang's start-up as a vice president. Lee also took a substantial pay cut. Chang pays his employees at prevailing Chinese rates, which for top executives are 25% to 30% of U.S. salaries.
Lee worried about tearing his wife and 3 sons, ages 7 to 15, away from their 5 acre spread in Boise and the friends & family they had known all their lives. But Lee, who was born in China and educated in the U.S., shared Chang's conviction that their native country was poised to become a world center for chip manufacturing.

At Micron, where Lee worked for 15 years, the Princeton graduate played a critical role in developing products and had 115 patents to his name. He hopes to replicate that record at Chang's company, where he is head of memory technology development.
"When I joined Micron, it was a start-up company," Lee said. "When I left, there were 12,000 employees. It is hard for one person to make a difference."
Shou Gouping, a 40-year-old engineer for Chang's company, left Beijing for the U.S. 2 years after the 1989 Tiananmen Square massacre and did not expect to see his homeland again. After obtaining advanced degrees in electrical engineering, Shou worked for technology firms in Silicon Valley. He met Hai Ling, a Chinese immigrant who had come to the U.S. to study physics. They were married in 1998 and had a son the next year.

Early last year, Shou's aging mother grew sick, and the couple returned to China with their son. After a decade in the U.S., Shou said, it felt good to be surrounded by family and the culture & language of his childhood. Though people were poor by U.S. standards, he sensed an optimism about China's future.
3 weeks later, Shou & his wife reluctantly returned to Sunnyvale, CA. But they left their son with Shou's mother and decided to look for a way back to China. Through a friend in Florida, Shou heard that Chang was hiring. He took a job as a technical manager in the firm's design service dept, providing computer support.

Shou, a Christian, said that Chang's spiritual message resonated deeply with him. "I had a feeling that my life should be in China, serving people & God," he said. Chang and his employees have had their share of frustrations, including tussles with local officials over taxes, delays in getting sophisticated U.S. equipt because of export controls, and a shortage of experienced personnel.
But analysts say co. prospects are bright. Chang has cut deals with industry giants such as Toshiba Corp., Fujitsu Ltd. and Singapore's Chartered Semiconductor Manufacturing Ltd. to obtain leading-edge technology. In return, Chang gave them an ownership stake in his firm or agreed to produce chips for them.

Chang's co. "is successful because it has outside connections," said Dorothy Lai, a Hong Kong analyst with Gartner Dataquest, a technology research firm based in Stamford, CT. 7 months ago, Chang began holding religious services in a rented building near his factory. He hopes to start construction soon on a church for his employees.
"Every time we have done something successful, I openly mention that this is done with the Lord's blessing," he said. "At first, some people felt awkward about this. But as they realize we really practice our beliefs, they accept us."


5.21-24.01   "Intellectual property in market conditions for transition-economy countries"   Tashkent, Uzbekistan
co-dir. Prof. U. Del Canuto, Consorzio Roma Ricerche, Centro per l'Innovazione, Via della Ricerca Scientifica, 00173 Rome, Italy fax 39.06.20 42 74 97
Prof. Ali Akhunov, State Committee of Science and Technology, Tashkent, Uzbekistan STP.976802

Ukraine-NATO:   scientific & technological cooperation & conversion
3.7.99   occasional paper CPCFPU

… Esp. critical for Ukraine is receiving of Computer Infrastructure Grants to improve regional computer networks infrastructure, purchase equipt to improve the level & quality of communication between scientific institutions within the country or a separate region.
Prospective is the Internet-based computer connection between universities in regional centres of Ukraine to realize civil humanitarian projects in the framework of NATO's Scientific Programme.

Ukraine has already been involved in the realization of subprogramme "Science for Peace" which supports applied science & technology projects in the Partnership countries, relating to industrial & environmental problems, if the latter require collaboration between science & industry or transfer of the outcome of scientific research to other users. …

    EU fines Nintendo for price fixing
    10.31.02   Alex Pham L.A. Times
European Union Wed. levied $146 million fine against Nintendo Co. for allegedly fixing the prices of its video games & consoles from 1991 to 1998. 2 years ago, the EU ruled that the Japanese game co. impeded free trade among EU countries by instructing regional distributors not to ship products outside their territories. The result, according to the EU, was higher prices in some countries.
Nintendo agreed to stop the practice in 1998 when it was notified of an investigation, which concluded in 2000 with a ruling against the company.

EU fine was larger than expected, said NY investment banking firm Gerard Klauer Mattison industry analyst Edw. Williams. Nintendo plans to appeal the fine. Nintendo exec. vp Peter MacDougall said the fine, even if it stands, would not have a significant financial impact on the co.
Also Wednesday, Nintendo released Internet adapters for its GameCube console. The devices, priced at $34.95, let GameCube owners play online. The gadget launched concurrently with "Phantasy Star Online," a game developed by Sega Corp. for online play.


US House farm ¹ leader pulls support for trade bill
6.22.01   Reuters

WASHINGTON   The head of the U.S. House of Representatives Agriculture Committee said on Friday he would no longer co-sponsor the Trade Promotion Authority desperately sought by President Bush after the administration determined more than $10 billion in farm subsidies had distorted trade. Rep. Larry Combest, Republican of Texas, said he withdrew his name as co-sponsor after the U.S. Department of Agriculture's (USDA) decision on Friday to report to the World Trade Organization $10.4 billion in production-distorting subsidies to U.S. farmers during the 1998/99 marketing year. "USDA's decision to classify the 1998 payments as trade distorting is equivalent to a unilateral disarmament that cedes ground and gains nothing in return," Combest said in a statement.
Combest's action strikes a major blow to Bush's efforts to shore up support in Congress this week to obtain broad new trade negotiating authority. Asked to comment, White House spokeswoman Claire Buchan said: "The president believes that trade promotion is critical to ensuring that America is able to participate in trade negotiations around the world and looks forward to working with Congress to enact this legislation." On Monday, Bush & dozens of U.S. farm groups launched a united campaign to lobby Congress for quick approval of trade promotion authority. Under the authority, also known as fast track, Congress cedes part of its constitutional authority over trade to allow the executive branch to negotiate trade agreements that cannot be amended. Instead, Congress would only be able to vote to approve or reject the agreements. The authority last expired in 1994. Since then, a disagreement between Republicans & Democrats over whether trade agreements should contain protections for workers & the environment has blocked its renewal.

Unwanted Precedent
USDA said on Friday $10.4 billion allotted to U.S. farmers by Congress during the 1998/99 marketing years was trade distorting subsidies under WTO rules. For more than two years, Combest has insisted that govt payments made after U.S. producers have made their planting decisions in no way

WTO Rules Against U.S. on Export Tax
6.23.01   AP

WASHINGTON   The World Trade Organization has ruled against the U.S. in an interim report on whether a U.S. export tax credit violates international trade rules. Kimberly Pinter, corporate finance and tax director at the National Association of Manufacturers, confirmed that the WTO had found that the tax breaks offered U.S. exporters still breached trade rules despite changes made last year to meet European objections. Congressional sources agreed that the ruling had gone against the U.S.. The U.S. Trade Representative's Office said it had received the notice Friday but said it would "respect the confidential nature of the report'' and would not comment on its contents. A ruling against the U.S. could set the stage for the European Union to impose sanctions of $4 billion or more. The EU has charged that the tax credits amount to an illegal subsidy.

The USTR said the U.S. and the European Union will have the opportunity to submit written comments on the interim report to the WTO, which is to issue its final report in July. The findings will be made public in August and Washington will have a chance to appeal. The European Union has agreed to postpone any request for sanctions until after an appeals panel makes a decision. Pinter said there was "still a pretty good chunk of time for a lot to happen'' before the final verdict. She noted that the Europeans have export tax credits similar to the U.S. law and "they could be vulnerable as well.'' Last year the WTO ruled that the Foreign Sales Corporation tax credit law was an illegal trade subsidy, prompting Congress to pass an amended version in hopes of avoiding a trade war with Europe.
The new law attempted to address WTO objections while preserving tax breaks of about $4 billion a year used by more than 6,000 U.S. exporting companies. The congressional sources said that Congress acted quickly, within months of the WTO decision, and made a good-faith effort to deal with the problems posed by the trade organization. But the European Union complained that the new law still failed to comply with international trade rules.


distort trade. In a letter sent to Agriculture Sec. Ann Veneman on Friday, Combest said the administration's actions would have a "profound impact on U.S. farmers and on the ability of Congress to help farmers deal with financial stress." "The USDA decision creates a precedent for classifying assistance that will apply to payments also made in 1999 & 2000, as well as restrict our ability to make these payments in the future." U.S., like other WTO members, has agreed to limit spending on "amber box" subsidies deemed to distort production or trade. The U.S. limit was slightly more than $19 billion a year. USDA said the $10.4 billion in domestic supports were provided through market price support programs, loan deficiency payments and marketing loan gains under commodity loan programs.
"Under WTO rules, these Market Loss Assistance payments must be classified in the amber box," Agriculture Secretary Ann Veneman said in a statement. "By classifying them properly, we set the right precedent for other nations...as we move toward a challenging new round of trade negotiations in the WTO." Congress approved $5.9 billion in Marketing Loss Assistance & disaster payments during the 1998/99 marketing year. Before Combest's announcement, farm groups applauded USDA's actions saying other countries need to follow Washington's lead in respecting WTO commitments. "This was not an easy action for USDA to take, but it was the right one," said Bob Stallman, president of the American Farm Bureau Federation. USDA would not comment on Combest's actions, referring questions to the White House. Wash.D.C.   In an effort to get Mexican trucks rolling on U.S. highways, the Bush administration wants to bypass rules requiring that foreign trucks comply with U.S. manufacturing standards. To help accomplish that, the Transportation Dept has proposed a 2 year "grace period" to long-standing rules because, officials said, many Mexican companies might need more time to certify that their fleets comply with U.S. guidelines for commercial vehicles.
The rule change is needed to avoid further delays in the administration's plan to lift a U.S. ban on Mexican long- haul trucks from traveling beyond a 20-mile border zone. As officials move ahead, the administration faces criticism from public safety groups. The criticism focuses on the effort to temporarily exempt Mexican businesses from having to certify that their trucks & buses were built in compliance with U.S. standards. At least two-thirds of the 400,000 trucks and buses that operate on roads in Mexico might not qualify, federal officials estimate.

Transportation officials contend the "grace period" will not undermine safety on U.S. highways, noting that most Mexican trucks are made by U.S. companies and that a tough inspection program is being developed. However, some highway safety, insurance and trucking groups say the plan clashes with the 1986 Motor Vehicle Safety Act, which states commercial vehicles, incl foreign ones, must be certified to comply with U.S. manufacturing standards at the time they were built.
That would include any commercial vehicle from Canada or Mexico that crosses the border, regardless of where they were manufactured, transportation officials say. The manufacturing certifications are needed to ensure that Mexican vehicles are equipped with such safeguards as automatic brake adjusters & trailer guards. Mexico requires no specific standards for equipt on commercial vehicles.

The administration's proposal would allow foreign vehicles to use "equipt that not only will not, but sometimes could not, be brought into compliance" with U.S. standards, said Advocates for Highway & Auto Safety atty Henry M. Jasny. "The removal of barriers to trade was not intended to require the evasion or suspension of established motor vehicle regulations & safety standards," he said.
Federal authorities acknowledge that they alerted Mexican authorities about the certification regulations in 1995. David Longo of the Federal Motor Carrier Safety Administration said officials are taking steps to ensure that safety on U.S. highways is maintained, regardless of the 2 year waiver proposal.

Among other things, the U.S. would require inspections of each Mexican vehicle at least every 90 days, a cycle that has been carried out for years at California's state-run facilities, Longo said. U.S. officials also are negotiating with Mexican authorities to allow inspectors to examine the records of Mexican trucking companies. About 75 Mexican trucking companies submitted applications to travel beyond the border areas, officials said. Mexican companies that previously have operated trucks within the border areas will be eligible for the 2 year waivers, according to the Transportation Dept. These companies are most likely to own commercial vehicles slated to be driven elsewhere in the U.S., experts said.

"We're not going to see a horde of trucks going across the border when this is approved," one administration official said. President Bush has pushed for Mexican access to all of this country's highways since shortly after taking office, saying it was necessary to comply with the North American Free Trade Agreement. The former Texas governor overturned a Clinton administration order in 1995 that continued a ban on Mexican long-haul cargo trucks. The ban has been in effect since the 1980s.
Earlier this year, the White House hoped to get the Mexican trucks moving across this country during the summer, but the plan was sidetracked in the face of congressional resistance generated by concern about the safety of Mexican trucks.



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