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With Beijing not a signatory to the ICC, those bringing the claim of genocide have pointed to the alleged forcing of Uighur people from Tajikistan and Cambodia into China as evidence. Both countries are signatories to the Rome statute setting up the ICC.
“The US government has reason to doubt the honesty of the ICC. The Department of Justice has received substantial credible information that raises serious concerns about a long history of financial corruption and malfeasance at the highest levels of the office of the prosecutor,” Barr said.
He referred to the ICC as “little more than a political tool employed by unaccountable international elites”.
***
Apart from genocide, China has reservations over the definitions of all the other core crimes, namely, crimes against humanity, war crimes and crime of aggression. Throughout the negotiation process, one of the major guiding principles in defining the crimes under consideration was that these definitions should be reflective of customary international law. China opposed the ICC’s jurisdiction over crimes against humanity committed during peacetime, because, it argued that customary international law required a nexus to armed conflict, and without such nexus, the major attributes of the crimes would be changed. China’s objection towards the ICC’s jurisdiction over war crimes committed in non-international armed conflict was similarly raised in the context of customary international law. Moreover, China resisted the inclusion of the crime of aggression under the ICC’s jurisdiction due to the lack of a precise definition on state act of aggression underlying the crime.
So, while world leaders have confirmed Covid-19 came from Wuhan, China, it is unlikely the ICC will ever bring a case against China for the nefarious actions of the pandemic. Meanwhile, there is the matter of the human rights violations by China against the Uighurs.
NYT’s: The International Criminal Court has decided not to pursue an investigation into China’s mass detention of Muslims, a setback for activists eager to hold Beijing accountable for persecution of ethnic and religious minorities.
Prosecutors in The Hague said on Monday that they would not, for the moment, investigate allegations that China had committed genocide and crimes against humanity regarding the Uighurs, a predominantly Muslim ethnic group, because the alleged crimes took place in China, which is not a party to the court.
The abuses described “have been committed solely by nationals of China within the territory of China,” said a report by the court’s chief prosecutor, Fatou Bensouda of Gambia.
For months, Uighurs in exile had urged the court to investigate China’s repressive policies against Muslim minorities, the first attempt by activists to use the force of international law to hold Chinese officials accountable for the crackdown. They accused the Chinese government of carrying out a campaign of torture, forced sterilization and mass surveillance against Muslims, among other abuses.
China has faced growing international condemnation for its harsh treatment of Muslims, including the construction of vast indoctrination camps in the western region of Xinjiang. President-elect Joseph R. Biden Jr.’s campaign described China’s actions in Xinjiang as genocide, a position also taken by other Western leaders.
China has denied that the camps are abusive, describing them instead as job training centers aimed at countering religious extremism and terrorism, despite a preponderance of contradictoryevidence.
Many Uighurs said on Tuesday that they were disappointed in the court’s decision not to investigate. They vowed to continue to lobby global leaders to punish China for the abuses.
“The I.C.C. was formed for one and only one reason: to confront the most horrific international crimes,” said Fatimah Abdulghafur, a Uighur poet and activist who lives in Australia. “The atrocities of the Chinese regime toward Uighurs are countless.”
The complaint against China was filed by two Uighur exile groups, the East Turkistan Government in Exile and the East Turkistan National Awakening Movement.
In addition to abuses against Muslims inside China’s borders, the Uighur groups had also lobbied the court to investigate Beijing for pursuing the repatriation of thousands of Uighurs through unlawful arrests in or deportation from other countries, including Cambodia and Tajikistan.
In its report on Monday, the prosecutor’s office said there was “no basis to proceed at this time” because there did not appear to be enough evidence to show that Chinese officials had committed crimes over which the court had jurisdiction.
“Not all conduct which involves the forcible removal of persons from a location necessarily constitutes the crime of forcible transfer or deportation,” the report said.
Lawyers representing the Uighur groups said they were still hopeful that the court would open an investigation after considering new evidence.
“We have explained we’ve been hampered by Covid restrictions,’’ said Rodney Dixon, who is the lead lawyer in the case. “The prosecutor needs further and concrete evidence from Cambodia and Tajikistan to establish jurisdiction, and we will be providing that early in the year.”
Lawyers following the court said that the prosecutor, whose mandate is coming to an end, had been under time pressure to present her final report to the annual assembly of court members now meeting in The Hague. A new prosecutor will be elected in the coming weeks.
In his speech just a few days ago at Georgia Tech University: Pompeo called China’s Communist Party “the central threat of our time” and highlighted efforts by Chinese security services to pressure and recruit Chinese academics and students as spies.
“Americans must know how the Chinese Communist Party is poisoning the well of our higher education institutions for its own ends and how those actions degrade our freedoms and American national security,” Pompeo said.
“If we don’t educate ourselves, if we’re not honest about what’s taking place, we’ll get schooled by Beijing.”
NYP: As we try to come to terms with the extent of Chinese influence over the Biden family, a leaked database of registered members of the Chinese Communist Party has exposed a mass infiltration of American companies — with serious national security implications.
Boeing, Qualcomm and Pfizer are just three US companies that have employed dozens of CCP members in their Chinese facilities, the database reveals.
As well, three female employees of the US consulate in Shanghai have been identified in the list of 1.95 million party members that was leaked to an international group of legislators, the Inter-Parliamentary Alliance on China, which includes Sens. Marco Rubio (R-Fla.) and Bob Menendez (D-NJ).
All CCP members swear an oath to “fight for communism throughout my life, be ready at all times to sacrifice my all for the party and the people, and never betray the party [and] guard party secrets, be loyal to the party.”
Sen. Josh Hawley (R-Mo.), a member of the Homeland Security Committee, said yesterday: “CCP agents have no place in US government facilities, and this report should serve as a much-needed wake-up call to Washington, DC, and corporate executives, who continue to welcome the Chinese government with open arms.
“[It] is just more evidence of the extent to which the CCP has successfully infiltrated American companies and government.”
While none of the people listed in the database have been identified as spies, mounting concerns in the State Department about the CCP have resulted in tightened visa rules for its members earlier this month. CCP members and their immediate families now are limited to one-month, single-entry US permits.
The database was verified by international cybersecurity firm Internet 2.0, which found it was originally leaked on encrypted messaging app Telegram in 2016. It was passed on to IPAC six weeks ago by a third party.
“We have high confidence this list is authentic,” Internet 2.0 co-founder David Robinson, a former Australian army intelligence officer, told me Sunday.
“Someone — an insider, a dissident — managed to get physical access to the server [in Shanghai] from outside the building. They didn’t have to hack it over the internet.”
Each data entry contains the CCP member’s name, ethnicity, place of birth, education level, identification number and, in some cases, a phone number and address.
Robinson has verified the identity of three women who work at the US consulate in Shanghai.
The three, all listed as ethnic Han college graduates, are registered in a 31-strong Communist Party branch listed as Shanghai Foreign Institutional Service Co., which is a state-owned employment agency, which provides local staff for foreign consulates, schools and news media.
A department spokesperson yesterday had no comment about “an allegedly leaked database of Communist Party members” and said “the department does not discuss security protocols or personnel matters.”
However, she said: “Influence and interference operations are fundamental to how the Chinese Communist Party engages with the world.
“China’s role in the world today cannot be understood without reference to the wide array of malign activities that the [CCP] undertakes to influence our societies in ways that are covert, coercive and corrupting.”
The CCP database is split into 79,000 branches.
For example, Boeing has 17 branches, totaling 252 CCP members. Sixteen members are part of Boeing’s Hongqiao Maintenance Base Boeing Line Maintenance Division . . . First Workshop Party Branch; 22 are in the Second Workshop Party Branch; 13 are in the Third Workshop Party Branch, 14 in the Fourth Workshop Party Branch.
There are four subdivisions of the Pudong Maintenance Base Boeing Line Maintenance Branch, totaling 49 members.
Two branches of the Pudong Maintenance Base Boeing Line Maintenance Branch Cargo Aircraft Line Maintenance total 33 members.
Also listed are 27 members of the Party Branch of Boeing Fourth Branch of the Flight Department of Eastern Airlines Yunnan Co. and 23 members of the China Eastern Airlines Beijing Maintenance Department Party Committee Boeing Maintenance Workshop Party Branch.
Boeing spokesman Bradley Akubuiro said last night the company was satisfied with its security.
“As a global company, we enforce strict security protocols and maintain secure firewalls to protect both our customer and company proprietary data in all countries we operate in.”
According to the database, 96 members in the Qualcomm Wireless Communication Technology (China) Co. Ltd. Party Branch, and 133 additional members spread over six party branches of Qualcomm Enterprise Management (Shanghai) work for semiconductor manufacturer and 5G wireless technology company Qualcomm, a US-based multinational.
Qualcomm was awarded a contract by the Defense Department in 2018 to develop multifactor authentication security systems for US military computers.
Another US company crucial to national security is pharmaceutical giant Pfizer, which began rolling out COVID-19 vaccines Sunday.
The database lists 69 CCP members in four Pfizer branches in Shanghai.
Neither Qualcomm nor Pfizer responded to inquiries yesterday.
New York University also appears with 71 members attached to a branch named East China Normal University Shanghai New York University Faculty and Labor Party Branch.
The database leak comes just days after a number of disturbing revelations involving CCP infiltration of American institutions:
Director of National Intelligence John Ratcliffe warned that China has targeted members of Congress and poses “the greatest threat to democracy and freedom” since World War II.
Secretary of State Mike Pompeo warned of China’s infiltration of US universities, which are “hooked on Communist cash” and stifle criticism of Beijing.
Media reports identified Rep. Eric Swalwell (D-Calif.), a member of House Intelligence Committee, as one of several San Francisco politicians courted by Chinese spy Christine Fang.
It was confirmed last week that Joe Biden’s son Hunter is under federal investigation over tax fraud and potential money-laundering over his foreign business dealings, including in China.
“Communist China has been allowed to infiltrate our universities and corporations with people loyal to only the Communist Party,” former Acting Director of National Intelligence Ric Grenell said Sunday.
“Our beloved Chinese American community has been warning us about these tactics for many years, and the political class has ignored those warnings.”
***
Sensitive data of around two million members of the Communist Party of China (CPC) have been leaked, highlighting their positions in major organizations, including government agencies, throughout the world.
According to reports from The Australian newspaper, featured in the Economic Times, the information includes official records such as party position, birthdate, national ID number and ethnicity. It revealed that members of China’s ruling party hold prominent positions in some of the world’s biggest companies, including in pharmaceutical giants involved in the development of COVID-19 vaccines like Pfizer and financial institutions such as HSBC.
The investigation by The Australian centred around the data leak, which was extracted from a Shanghai server in 2016 by Chinese dissidents.
It noted that CPC members are employed as senior political and government affairs specialists in at least 10 consulates, including the US, UK and Australia, in the eastern Chinese metropolis Shanghai. The paper added that many other members hold positions inside universities and government agencies.
The report emphasized there is no evidence that spying for the Chinese government or other forms of cyber-espionage have taken place.
In her report, The Australian journalist and Sky News host Sharri Markson commented: “What’s amazing about this database is not just that it exposes people who are members of the Communist Party, and who are now living and working all over the world, from Australia to the US to the UK, but it’s amazing because it lifts the lid on how the party operates under President and Chairman Xi Jinping.
“It is also going to embarrass some global companies who appear to have no plan in place to protect their intellectual property from theft, from economic espionage.”
This was not a recent event, in fact the documents confirming this winter training exercise took more than 18 months to acquire as a result of a records request. It should be noted that the Trudeau government officials were reckless by not fully redacting certain text, so the discovery was by accident really.
The United States raised serious concerns about having the People’s Liberation Army conduct military exercises just north of the U.S. border with a U.S. ally.
“A senior government official said Gen. Vance, on the urgings of the U.S., cancelled winter exercises with the PLA and later all military interactions,” the publication added. “Gen. Vance did allow Canadian Armed Forces personnel to compete at the 2019 Military World Games held in Wuhan, China, that October.”
Michael Chong, the Conservatives’ foreign affairs critic, and James Bezan, the defense critic, slammed leftist Prime Minister Justin Trudeau in a statement for his “stunning lack of leadership.”
“That cold weather warfare that you’re referring to was just one of 18 different joint projects the Canadian armed forces had with the People’s Liberation Army in 2019 alone,” Levant said. “Canada is training one and two star Chinese generals in our war colleges; we’re training lieutenants, and majors, commanders; we’re sending Canadians over to China; we’re bringing Chinese — I think they’re not just soldiers, I think they’re spies as well — to Canada, and I don’t know a single person in this country who knew about it, but it’s been happening, and we found out about it really by accident when the government sent me freedom of information documents and forgot to black them out or maybe, frankly, someone inside the government wanted to blow the whistle on this incredibly upside down relationship.”
“…In these memos, you can see that the Trump Administration warned Canada that this winter warfare training would transfer knowledge to China that could be used. Now, they don’t explain, would it be used to take on Uyghurs in Xinjiang, Tibetans to fight India in the Himalayas, or even to fight us? And when the military, the Canadian military, said our American allies, or our allies are concerned about this, Trudeau’s staff pushed back and said, is it just the Trump Administration, or is anyone else worried about it? So, there’s an antipathy toward America that seeps through all these secret documents, and the overarching goal is to let China’s president Xi Jinping save face.” More here from DW.
Other revelations include:
Disgraced cabinet minister Catherine McKenna jetted to China for a three-day conference just months after the two Michaels were taken hostage
Trudeau sent nearly 200 CAF personnel to Wuhan in October of 2019 to participate in the Military World Games, a propaganda bonanza for China diplomatic reports that China is using its “belt and road” negotiations to demand that countries drop human rights complaints if they want trade deals
Chinese censorship of Twitter use
Chinese use of a smartphone app to track Uyghur Muslims in Xinjiang
Bureaucrats bizarre protocol of referring to accused fraudster and Huawei CFO Meng Wanzhou as “Ms. Meng”, but refusing to even mention the two Michaels by name
Bureaucrats deriding concerns about military knowledge transfer to China as figments of the “Trump Administration”
Axios: A suspected Chinese intelligence operative developed extensive ties with local and national politicians, including a U.S. congressman, in what U.S. officials believe was a political intelligence operation run by China’s main civilian spy agency between 2011 and 2015, Axios found in a yearlong investigation.
Why it matters: The alleged operation offers a rare window into how Beijing has tried to gain access to and influence U.S. political circles.
While this suspected operative’s activities appear to have ended during the Obama administration, concerns about Beijing’s influence operations have spanned President Trump’s time in office and will continue to be a core focus for U.S. counterintelligence during the Biden administration.
Clockwise from top left: Fang with then-Dublin City Councilmember Eric Swalwell at an October 2012 student event; undated photo of Fang, now former Fremont Mayor Bill Harrison and Rep. Judy Chu; Fang with then-Rep. Mike Honda and then-San Jose city Councilmember Ash Kalra at a March 2014 event at the Chinese Embassy in D.C. Sources: Renren, Facebook, Facebook
The woman at the center of the operation, a Chinese national named Fang Fang or Christine Fang, targeted up-and-coming local politicians in the Bay Area and across the country who had the potential to make it big on the national stage.
Through campaign fundraising, extensive networking, personal charisma, and romantic or sexual relationships with at least two Midwestern mayors, Fang was able to gain proximity to political power, according to current and former U.S. intelligence officials and one former elected official.
Even though U.S. officials do not believe Fang received or passed on classified information, the case “was a big deal, because there were some really, really sensitive people that were caught up” in the intelligence network, a current senior U.S. intelligence official said.
Private but unclassified information about government officials — such as their habits, preferences, schedules, social networks, and even rumors about them — is a form of political intelligence. Collecting such information is a key part of what foreign intelligence agencies do.
Among the most significant targets of Fang’s efforts was Rep. Eric Swalwell (D-Calif.).
Fang took part in fundraising activity for Swalwell’s 2014 re-election campaign, according to a Bay Area political operative and a current U.S. intelligence official. Swalwell’s office was directly aware of these activities on its behalf, the political operative said. That same political operative, who witnessed Fang fundraising on Swalwell’s behalf, found no evidence of illegal contributions.
Federal Election Commission records don’t indicate Fang herself made donations, which are prohibited from foreign nationals.
Fang helped place at least one intern in Swalwell’s office, according to those same two people, and interacted with Swalwell at multiple events over the course of several years.
A statement from Swalwell’s office provided to Axios said: “Rep. Swalwell, long ago, provided information about this person — whom he met more than eight years ago, and whom he hasn’t seen in nearly six years — to the FBI. To protect information that might be classified, he will not participate in your story.”
What happened: Amid a widening counterintelligence probe, federal investigators became so alarmed by Fang’s behavior and activities that around 2015 they alerted Swalwell to their concerns — giving him what is known as a defensive briefing.
Swalwell immediately cut off all ties to Fang, according to a current U.S. intelligence official, and he has not been accused of any wrongdoing.
Fang left the country unexpectedly in mid-2015 amid the investigation. She did not respond to multiple attempts by Axios to reach her by email and Facebook.
Between the lines: The case demonstrates China’s strategy of cultivating relationships that may take years or even decades to bear fruit. The Chinese Communist Party knows that today’s mayors and city council members are tomorrow’s governors and members of Congress.
In the years since the Fang probe, the FBI has prioritized investigations into Chinese influence operations, creating a unit in May 2019 within the bureau solely dedicated to countering Beijing’s activities at the state and local levels. U.S. national security officials believe the threat posed by China has only grown with time.
“She was just one of lots of agents,” said a current senior U.S. intelligence official.
Beijing “is engaged in a highly sophisticated malign foreign influence campaign,” FBI director Chris Wray said in a July 2020 speech. These efforts involve “subversive, undeclared, criminal, or coercive attempts to sway our government’s policies, distort our country’s public discourse, and undermine confidence in our democratic processes and values,” Wray said.
The FBI declined to comment. The Chinese Embassy in Washington did not respond to a request for comment.
Details: Axios spoke with four current and former U.S. intelligence officials about the case over a period of more than a year. They requested anonymity because they were not authorized to speak to the media about the case.
Axios also spoke with 22 current and former elected officials, political operatives, and former students who knew Fang personally when she was based in the United States.
The cover: How Fang worked
Fang’s friends and acquaintances said she was in her late 20s or early 30s when she was based in the U.S. and was enrolled as a student at a Bay Area university.
She used political gatherings, civic society conferences, campaign rallies, and campus events to connect with elected officials and other prominent figures, according to U.S. intelligence officials, Bay Area political operatives, former students, and current and former elected officials who knew her.
U.S. intelligence officials believed she was overseeing likely unwitting subagents whom she helped place in local political and congressional offices.
Fang attended regional conferences for U.S. mayors, which allowed her to grow her network of politicians across the country.
She also engaged in sexual or romantic relationships with at least two mayors of Midwestern cities over a period of about three years, according to one U.S. intelligence official and one former elected official.
At least two separate sexual interactions with elected officials, including one of these Midwestern mayors, were caught on FBI electronic surveillance of Fang, according to two intelligence officials. Axios was unable to identify or speak to the elected officials.
Between 2011 and 2015, Fang’s activities brought her into contact with many of the Bay Area’s most prominent politicos.
She volunteered for Ro Khanna’s unsuccessful 2014 House bid, according to a former campus organizer and social media posts. (Khanna, a Democrat, was elected to the House in 2016.) Khanna’s office said he remembers seeing Fang at several Indian American political gatherings but did not have further contact with her. Khanna’s office said the FBI did not brief him on her activities. Khanna’s 2014 campaign staff said that Fang’s name does not appear in their staff records, though they said that their records do not include all volunteers.
Fang helped with a fundraiser for Rep. Tulsi Gabbard (D-Hawaii) in 2013, according to a flyer from the event Fang shared on Facebook. She appeared in photos over multiple years with a host of California politicians, including Khanna, Swalwell, Rep. Judy Chu (D-Calif.) and then-Rep. Mike Honda (D-Calif.).
Gabbard “has no recollection of ever meeting or talking with her, nor any recollection of her playing a major role at the fundraiser,” a spokesperson said in an email to Axios.
Fremont City Councilmember Raj Salwan, whose name appears on the flyer, told Axios he was unaware of Fang’s role in the event and her name was added to the flyer by other Asian American leaders.
Chu’s office said they have no records of Christine Fang. Honda said he had no memory of meeting Fang.
The bottom line: U.S. officials believe Fang’s real reason for being in the U.S was to gather political intelligence and to influence rising U.S. officials on China-related issues.
Close relationships between a U.S. elected official and a covert Chinese intelligence operative can provide the Chinese government with opportunities to sway the opinion of key decision-makers.
Beijing may aim to influence foreign policy issues directly related to China, or issues closer to home, such as partnering with Chinese companies for local investment — an issue particularly salient among local-level officials such as mayors and city council members.
Sounding the alarm: The U.S. response
U.S. counterintelligence officials said they believe Fang acted at the direction of China’s Ministry of State Security (MSS), the country’s main civilian spy agency.
U.S. officials first noticed Fang through surveillance they were conducting on a different person — a suspected MSS officer working undercover as a diplomat in the San Francisco consulate, a current U.S. counterintelligence official said.
The suspected officer used the consulate as a base to do outreach to state and local-level U.S. politicians, including inviting them on trips to China, the official said.
The official added that both Fang and the suspected officer were focused on gathering political intelligence and conducting influence operations in the Bay Area. (Axios corroborated through U.S. State Department records that a Chinese diplomat with the same name as the suspected MSS officer was stationed in San Francisco during the period Fang was there.)
Fang and the suspected officer met or spoke on numerous occasions, leading U.S. officials to look into Fang’s own background and activities, the official said.
However, Fang’s main intelligence handlers were believed to be based in China, according to two U.S. officials.
Fang was put under FBI surveillance, four current and former U.S. officials said. The FBI’s San Francisco Division led a counterintelligence investigation into Fang’s activities, according to one current and one former U.S. intelligence official.
“The fact that she was traveling around the country” getting close to U.S. politicians “was a big red flag,” said one of the officials. “She was on a mission.”
What happened next: Senior U.S. intelligence officials provided multiple defensive briefings around 2015 to warn targeted local and national politicians about Fang’s connections to Chinese intelligence and potential Chinese assets in their offices, one of these officials said.
U.S. intelligence officials also provided multiple briefings to White House officials and members of Congress on the case, a current senior official said.
Bill Harrison, the mayor of Fremont, California, at that time, said he knew Fang because she volunteered in his office and participated in numerous local political and community events. Harrison told Axios that in August 2015 he was contacted by FBI officials who warned him about Fang’s suspected activities in the Bay Area.
Bureau officials said Fang’s activities were part of a “long game play” targeting local politicians, Harrison recalled. The FBI told him the Chinese government’s strategy is “to strike up a relationship with you and see if you move up the line,” Harrison said.
How it ended: Fang left the U.S. suddenly
U.S. officials said China’s intelligence operation broke up in mid-2015 when Fang left the U.S. amid the FBI-led probe.
Fang had planned to travel to Washington, D.C., to attend a June 2015 event.
But shortly beforehand, she said she could no longer attend because she unexpectedly needed to return to China, according to an acquaintance from California on the same trip, who spoke with Axios.
Many of Fang’s political contacts in the Bay Area were surprised and confused about her sudden departure from the country.
“When she left kind of abruptly, we all kind of scratched our heads,” recalled Harrison, the former Fremont mayor. (The FBI reached out to Harrison after Fang’s departure.)
“She disappeared off the face of everything,” remembered Gilbert Wong, the former mayor of Cupertino, California, who had seen Fang frequently at political events.
But in the months surrounding her departure, rumors swirled in Bay Area political circles that the FBI was investigating her, according to four local organizers, political operatives, and elected officials who knew her.
Fang has not returned to the U.S., said intelligence officials and her former political acquaintances. She appears to have largely cut off contact with her U.S.-based friends and the networks she spent years building in California.
The Justice Department has filed no public charges against Fang.
Why Beijing targets California’s Bay Area
The Bay Area offers ideal conditions for a foreign intelligence operative aiming to identify and target ambitious local politicians with national aspirations.
The big picture: Some of America’s most powerful politicians got their start in Bay Area politics, and China recognizes California’s importance. The MSS has a unit dedicated solely to political intelligence and influence operations in California.
Silicon Valley is also the world’s most important center for the technology industry, making it a hotbed for Chinese economic espionage. Russian intelligence has also long targeted the Bay Area.
California’s economy is the largest of all the U.S. states, giving California state lawmakers significant influence over national trends.
Democrats dominate the Bay Area, from mayors to its numerous U.S. congressional districts, and anyone seeking proximity to power needs to be in their political circles.
Context: The FBI’s extensive surveillance of left-wing political groups in the 1960s and 1970s has created a lingering distrust of the bureau that still exists today in Bay Area politics.
The Bay Area has one of the largest and oldest Chinese American communities in the country. Keeping tabs on Chinese diaspora communities is a top priority of China’s intelligence services, U.S. officials said.
China’s spy services want to influence these communities to become more predisposed to the regime, as well as surveil and stamp out potential organized opposition to the Communist Party.
Access to local political offices can give Beijing’s intelligence operatives opportunities to collect information on communities of Chinese descent in the United States.
A high-profile example of this occurred in the 2000s, when China’s Ministry of State Security allegedly recruited a San Francisco-based staffer in Sen. Dianne Feinstein’s office. This person, who was fired when the FBI alerted Feinstein to his activities, was responsible for liaising with the local Chinese community.
What’s at stake: Chinese Americans find themselves in a difficult position in 2020, being squeezed both by influence campaigns from the Chinese government and a rise in anti-Chinese racism in the United States.
“We want to fight against racism, we want to call it out,” Wong, the former mayor of Cupertino, told Axios. “But if there’s a spy, we definitely support full prosecution and we don’t support China penetrating the Chinese community.”
“How do we address this issue without infringing on Chinese American rights?” he added.
Khanna said in a statement: “I respect the need for law enforcement to protect our nation from espionage. [But] we need strict guardrails to make sure the FBI’s investigations do not have collateral damage to the privacy of American citizens or to the legitimacy of Asian Americans in this country.” He underscored his concern about “the chilling effect” of overbroad surveillance on Chinese American political participation.
How Fang rose to prominence among Bay Area politicos
In 2011, Fang enrolled as a student at California State University East Bay, where she served as the president of the school’s Chinese Student Association and president of the campus chapter of Asian Pacific Islander American Public Affairs (APAPA), a national organization that encourages Asian Americans to get involved in civic affairs.
She used those positions as her initial platform to gain access to political circles. She frequently invited political figures, business executives, and Chinese consular officials to attend the flurry of high-profile events she organized over a period of several years, according to current and former local officials, former students, Bay Area politicos, and social media activity.
Fang’s first known contact with numerous politicians, including Swalwell, Harrison, Chu, and then-candidate Khanna was through her role as president of these organizations.
Fang received a campus pride award for the work she did on behalf of the Chinese Student Association during the 2012–2013 academic year.
During this time, Fang maintained unusually close ties to the Chinese consulate in San Francisco.
It’s common for Chinese student association presidents to communicate frequently with Chinese consular officials.
But Fang’s relationship to the San Francisco consulate was especially close, according to social media posts, event flyers, photographs, and one current U.S. intelligence official.
As Fang branched out into off-campus politics, she relied heavily on her APAPA affiliation. Many of Fang’s activities were “under the auspices of APAPA,” said one Bay Area political operative, an observation echoed by five other Bay Area political figures and activists.
Henry Yin, who is president of the APAPA Bay Area region chapter, told Axios in a phone call that he had seen Fang at numerous events and remembered her as being “very active.”
APAPA is “not involved with foreign countries,” said Yin, adding that the organization tries “to make connections with concerned citizens for the betterment of Asian and Pacific Islanders, and also benefit all citizens at large.”
Fang soon became a mainstay at Bay Area political events, fundraising for candidates and bringing along donors.
“She was everywhere,” said Raj Salwan, a current Fremont City councilmember, expressing a sentiment echoed by several other current and former local officials who spoke to Axios. “She was an active student. I was surprised at how active she was and how she knew so many politicos.”
Fang’s Facebook friends list is a virtual who’s who of local Bay Area politicos, and includes city council members, current and former mayors, Khanna, and Swalwell’s father and brother.
She positioned herself “to be the connector between the Asian American community and members of Congress,” recalled a Bay Area political operative who knew her.
One photo, taken at a March 2014 event at the Chinese Embassy in D.C., shows Fang together with Honda and Ash Kalra — at the time a San Jose city councilmember, later elected to the California State Assembly in 2016. A representative of Kalra’s office said he does not remember meeting Fang.
Fang attended events in support of former San Francisco Mayor Ed Lee, according to an acquaintance present at the gatherings. (Lee, who began serving as mayor in 2011, passed away in 2017 while in office.)
What they’re saying: Several acquaintances in political circles told Axios that Fang was “charismatic” and “well liked” — though others described her behavior as “secretive” and even “suspicious.”
“Christine was a political player and she was someone who was good to know,” said a former campus political organizer who knew her.
But others found her less substantive. “She never really, to me, was interested on the policy side,” recalled the Bay Area political operative.
Few seemed to know Fang on a personal level. Several acquaintances told Axios she seemed to come from wealth — she drove a white Mercedes, according to one official — but said she never spoke about her family or her hometown.
Fang’s connection to Swalwell
Fang’s ties to Rep. Eric Swalwell, which began when he was a councilmember for Dublin City, California, demonstrate China’s long game.
Swalwell rose to prominence rapidly, and in late 2012 became one of the youngest members of the U.S. House.
In January 2015, Swalwell was assigned a seat on the House Permanent Select Committee on Intelligence, serving as the lead Democrat on the subcommittee on CIA oversight.
Details: Fang’s earliest known engagement with Swalwell occurred through the Chinese Student Association. By 2014, she had risen in local political circles and developed close ties to Swalwell’s office.
Fang “was a bundler” for Swalwell and other candidates, according to a Bay Area political operative with direct knowledge of her efforts. A current U.S. intelligence official confirmed her activity for Swalwell; a local elected official also said she brought in donors for other candidates. Bundlers persuade others to write checks for campaigns; they can bring in substantial sums of money as well as deepen the campaign’s engagement with target communities, making bundlers a valuable and thus potentially influential ally to a candidate.
The Bay Area political operative who witnessed Fang fundraising on Swalwell’s behalf was concerned whether donors she brought in were legally permitted to donate. They found no evidence of illegal contributions.
Fang facilitated the potential assignment of interns into Swalwell’s offices, the political operative said. In at least one case, an intern recommended by Fang was placed into Swalwell’s D.C. office, this person said. A current U.S. intelligence official confirmed the intern placement.
For Fang, targeting Swalwell made sense. His 2012 campaign — which was something of a longshot bid, pitting a young and relatively inexperienced city official against a longtime incumbent from the same party — relied heavily on Asian American support, said a former congressional staffer from the East Bay.
That made Swalwell’s ties to the Chinese American community, and particularly APAPA, the Asian American civic organization, especially important.
Fang sought out mayors around the U.S.
Fang attended conferences for mayors around the U.S., according to three U.S. intelligence officials, as well as numerous current and former politicians who knew her.
Why it matters: By attending conferences for local officials, Fang went to extraordinary lengths to meet and befriend U.S. politicians, ostensibly as part of her activities as a Chinese agent, U.S. officials believe.
Details: Fang engaged in sexual or romantic relationships with at least two mayors of Midwestern cities, said one U.S. intelligence official and one former elected official.
At a 2014 conference in Washington, an older Midwestern mayor “from an obscure city” referred to Fang as his “girlfriend” and insisted the relationship was genuine despite the clear age difference between Fang and himself, according to former Cupertino Mayor Gilbert Wong, who was directly present for the conversation.
Fang also had a sexual encounter with an Ohio mayor in a car that was under electronic FBI surveillance, said one current U.S. official. When the mayor asked why Fang was interested in him, Fang told him she wanted to improve her English, the same official said.
What they’re saying: Wong told Axios he knew Fang from her political activities in California, where she would attend fundraisers and Chinese cultural events.
But Wong said he was “shocked” to see her appear at an event for U.S. municipal officials hosted by the Chinese Embassy in D.C. in March 2014. Wong told Axios he had gone to D.C. twice that year to attend mayor-focused events, and that he saw Fang at both of those events.
At the Chinese Embassy event, Fang introduced Wong to the mayor of Shenzhen, a city that, like Cupertino, is home to a major tech industry. She translated so that the two mayors could have a conversation.
The bottom line
U.S. intelligence officials believe China’s spy services have become more aggressive and emboldened, including in their U.S.-focused influence and political intelligence-gathering operations. Fang’s case shows how a single determined individual, allegedly working for Beijing, can gain access to sensitive U.S. political circles.
The One China Policy supported by previous administrations has been earnestly challenged by the Trump administration and rightly so. China has forcefully held dominion over Taiwan, an independent nation and since the Trump administration has approved arm sales to Taiwan, the tensions have increased substantially.
Context:
Jamestown: Events throughout 2020 have seen a measured but steady increase in tensions surrounding Taiwan. The government of the People’s Republic of China (PRC) continues to deny any legitimacy to the democratically-elected government of the Republic of China (ROC) in Taiwan. The PRC also continues to make menacing insistence upon unification on Beijing’s terms, in language that has grown more strident throughout the tenure of Chinese Communist Party (CCP) General Secretary Xi Jinping (China Brief, February 15, 2019; China Brief, November 1, 2019).
Against this background, the PRC has reacted with both harsh rhetoric and saber rattling to enhanced U.S.-Taiwan diplomatic contacts in August and September, as well as a reported further round of impending U.S.-Taiwan arms sales (see discussion further below). One PRC English-language outlet opined in late September that “The U.S. has been releasing all kinds of supportive signals to Taiwan this year, with the level and frequency of their so-called interactions flagrantly enhanced… While [some in Taiwan] jump at such signals, they’d better think long and hard whether the signals are sweet poisons from the U.S. for Taiwan” (PLA Daily, September 25).
U.S. Diplomatic Visits to Taiwan
Recent years have seen a noteworthy increase in official and semi-official U.S.-Taiwan diplomatic exchanges. In March 2018 the Taiwan Travel Act (TTA) was signed into U.S. law, providing a statement of support for increased travel by high-level Taiwan officials to the United States. This was followed by unofficial “transit stop” visits in the United States by ROC President Tsai Ying-Wen (蔡英文) in 2018 and 2019, and a May 2019 meeting between U.S. National Security Advisor John Bolton and his ROC counterpart David Lee (李大維) (China Brief, July 31, 2019). In early February this year ROC Vice President-elect Lai Ching-te (賴清德) traveled to the United States, where he met with senior U.S. political figures and attended the annual National Prayer Breakfast in Washington D.C. (Taiwan News, February 4). Although Lai had not yet assumed office at the time, and therefore visited in an unofficial role, the trip produced harsh condemnations in PRC state press (Xinhua, February 6). All of these visits by Taiwan officials have drawn similarly negative reactions from the PRC Foreign Ministry and state media, as with the “stern representations” presented over President Tsai’s stop in Hawaii in March 2019 (Xinhua, March 21, 2019).
These visits were reciprocated in summer and autumn this year by two visits made by U.S. officials to Taiwan. U.S. Secretary of Health and Human Services Alex Azar conducted a visit to Taiwan from August 9-12, described by his department as “the highest-level visit by a U.S. Cabinet official since 1979,” and “part of America’s policy of sending high-level U.S. officials to Taiwan to reaffirm the U.S.-Taiwan friendship” (HHS, August 4). Secretary Azar’s activities included a meeting with President Tsai; a visit to Taiwan’s Central Epidemic Command Center; and a speech at National Taiwan University (HHS, August 10; August 11; August 12). This trip was followed in mid-September by a visit from U.S. Under Secretary of State for Economic Growth, Energy, and the Environment Keith Krach, who traveled to Taiwan to attend a memorial service for former ROC President Lee Teng-hui (U.S. State Department, September 16).
China will impose unspecified sanctions on the defense unit of Boeing Co., Lockheed Martin Corp., and Raytheon Technologies Corp. after the U.S. approved $1.8 billion in arms sales to Taiwan last week.
The sanctions will be imposed “in order to uphold national interests,” Chinese Foreign Ministry spokesman Zhao Lijian told reporters Monday in Beijing. “Boeing Defense” would be among those sanctioned, he said.
The State Department last week approved $1.8 billion in new weapons for Taiwan and submitted the package to Congress for a final review. The submission comes two months after the U.S. and Taiwan completed the sale of 66 new model F-16 Block 70 aircraft from Lockheed, and as tensions between the two superpowers continue to escalate ahead of the American election.
Boeing Defense is one of the broader company’s three business units, according to its website. Shares in Boeing, down almost 50% this year, dropped as much as 2.2% in U.S. pre-market trading.
A spokesperson for Boeing emphasized the firm’s relationship with China in the aviation space. Boeing has “worked together successfully with the aviation community in China for almost 50 years to support Chinese efforts to ensure a safe, efficient and profitable aviation system to keep pace with the country’s rapid economic growth.”
“It’s been a partnership with long-term benefits and one that Boeing remains committed to,” the spokesperson said in the emailed statement.
One China Principle
Representatives from Raytheon weren’t immediately available for comment outside of normal U.S. business hours.
Zhao condemned Lockheed’s F-16 Block 70 sale at the time, saying it violates the One China principle, interferes in China’s internal affairs and will have a “major impact” on U.S.-China relations. Taiwan’s presidential office thanked the U.S for the sale. In July, China — which considers Taiwan part of its territory and resists any recognition of its de facto independence — had announced sanctions on Lockheed Martin for a previous arms sale to the island.
U.S. arms manufacturers face strict limitations on what kind of business they can do with countries deemed by Washington to be strategic rivals, such as China. Lockheed generated 9.7% of its revenue in the Asia-Pacific region last year, according to data compiled by Bloomberg, though that’s not broken down by individual countries.
China has previously threatened to sanction U.S. companies, including General Dynamics Corp. and Honeywell International Inc., on numerous occasions over arms sales to Taiwan. It also warned it could blacklist FedEx Corp., while Ford Motor Co.’s main joint venture partner in China was fined 162.8 million yuan ($24.3 million) last year, days after the U.S. put a ban on doing business with Huawei Technologies Co.
While China has often invoked the threat of putting U.S. companies on a blacklist — or list of “unreliable entities” — in response to various actions by U.S. President Donald Trump’s administration over the past year, it has yet to name any, at least publicly.
Delicate Time
For Boeing, China’s action comes at a delicate time. The company, reeling from the hit to air travel from the coronavirus pandemic, is trying to get its besieged 737 Max plane back into the air after two fatal crashes saw it grounded around the world. China was the first place to ground the plane, and also has the world’s biggest 737 Max fleet.
Europe’s top aviation regulator said earlier this month the plane will be safe enough to fly again before the end of this year, while U.S. Federal Aviation Administration chief Steve Dickson flew the Max in September and said the controls were “very comfortable.” More detail here.