Waivers? China Pharmaceuticals Killing Americans

Primer:

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In part from Reuters: “My friend President Xi said that he would stop the sale of fentanyl to the United States – this never happened and many Americans continue to die,” Trump said in a tweet.

“We’re losing thousands of people to fentanyl,” he later told reporters.

The Chinese embassy did not immediately respond to a request for comment.

Fentanyl is an opioid painkiller 50 times more potent than heroin, and has a central role in the devastating U.S. opioid crisis. In the United States, fentanyl and all of its analogues are controlled substances subject to strict regulation.

More than 28,000 synthetic opioid-related overdose deaths, mostly from fentanyl related substances, were recorded in 2017, according to the U.S. Centers for Disease Control and Prevention.

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Added from Bloomberg:

China has become the world’s largest supplier of active pharmaceutical ingredients, or API, providing key components to drugmakers worldwide. But a yearlong recall of tainted heart drugs taken by millions of Americans is prompting U.S. national security officials to ask whether China’s growing role in the pharmaceutical supply chain could pose a threat to the health of military personnel.

“The national security risks of increased Chinese dominance of the global API market cannot be overstated,” Christopher Priest, the acting deputy assistant director for health care operations and Tricare for the Defense Health Agency, told a U.S.-China advisory panel last week in Washington.

The Defense Health Agency manages much of the health care of military members, including prescription drugs.

Concerns about the safety and efficacy of Chinese-made drugs are rising at a time of heightened trade tensions between Washington and Beijing. Last week, Trump unveiled plans for new tariffs on Chinese goods; China plans to halt imports of U.S. crops in response. The yuan sank on Monday against the dollar.

The National Security Council is looking into Chinese drug manufacturing and trying to identify the most at-risk medications, Priest told the U.S.-China Economic and Security Review Commission in Washington, without elaborating. The National Security Council declined to comment.

The Defense Health Agency is supposed to use drugs that comply with the Trade Agreements Act, a 1979 law that requires many federal purchases to be made in the U.S. or another compliant country. China isn’t on the approved list, but the agency has waivers for almost 150 drugs they otherwise wouldn’t be able to procure, Priest said. The TAA covers only finished products, not their components.

Many drugs taken by military members and civilians have active ingredients made in China. While drugmakers typically don’t disclose where every molecule in a pill comes from, the recall of contaminated blood-pressure drugs has shown that many of their active components originated in Chinese factories.

Rocket Fuel

Larry Wortzel, a member of the U.S.-China commission and a military retiree, said four of his blood-pressure medications were recalled in three months. Wortzel’s pills, versions of a drug called valsartan, were manufactured in India but had active ingredients from China.

“They were contaminated with rocket fuel,” Wortzel said. “I imagine active people have the same problem. This affects the readiness of our troops.”

The recalled valsartan contained a probable carcinogen known as NDMA, a manufacturing byproduct once used to make rocket fuel and also found in grilled and cured meats.

Priest called the recalls “a never-ending saga” and a “wake-up call.”

The recalls began in July 2018 with valsartan made by China’s Zhejiang Huahai Pharmaceutical Co. The U.S. Food and Drug Administration has largely blamed the company’s manufacturing process for creating the NDMA, which went undetected for as long as four years. Drugmakers in other countries who used similar processes have also had to recall blood-pressure pills.

Some valsartan purchased by the Defense Logistics Agency and later recalled was TAA-compliant, said Patrick Mackin, a spokesman for the DLA. The agency manages the supply chain for the U.S. military, including ensuring pharmaceuticals make their way to military treatment facilities. With valsartan in shortage, according to the FDA, the agency sought a TAA waiver for valsartan on July 15, Mackin said.

A Bloomberg investigation this year detailed doubts among U.S. health officials about the data generic-drug companies, including Zhejiang Huahai and others involved in the valsartan recalls, use to prove their products are safe and effective.

“We wouldn’t have our aircraft carriers and nuclear submarines built in China, and for very important medications, we really should look at what it takes to purchase based on value not just price,” Rosemary Gibson, the author of the book “China Rx,” told the commission. “We want cheap, we can buy cheap. But what’s missing from the whole equation is quality.”

Shortage Fears

Quality isn’t the only concern. Shortages could also arise from attempts by the Chinese to cut off supply, particularly amid the U.S.-China trade standoff.

“If China shut the door on exports, our hospitals would cease to function, so this has tremendous urgency,” Gibson said.

Priest said pharmaceutical companies should be compelled, using the buying power of the entire federal government, to maintain the infrastructure to make drugs without relying on countries like China.

The House Energy and Commerce Committee is investigating the FDA’s ability to police foreign manufacturing. The committee’s leaders asked the agency for more information on the valsartan recall in June, including about a dispute between senior officials and an agency inspector who raised red flags at Zhejiang Huahai more than a year before the NDMA was detected. The panel also asked the Government Accountability Office to look at the FDA’s oversight of foreign drug manufacturing.

“Shame on us for not paying attention to something so critical and assuming, which has been the orthodoxy for a long time, that the industry would regulate itself,” Benjamin Shobert, senior associate for international health at The National Bureau of Asian Research, told the commission.

 

Meet the United Front Work Department

The U.S. should perhaps scrapping any trade deal with China. Why?

Just this week, the United States Navy and Taiwanese authorities sailed through the Taiwan Strait. China threatened use of force to thwart any U.S. move over the partnership with Taiwan. So, the U.S. just tested that.

As an aside, the United States just approved a major sale of weapons requested by Taiwan totaling $2.2 billion. This is actually in compliance with U.S. law where we are to provide Taiwan with sufficient equipment and services for self-defense.

As part of the U.S. 7th Fleet, a guided missile cruiser transited the route continuing efforts to keep free and open the Indo-Pacific. President Trump is defying China and should actually as we dont respond to threats of war all while the White House National Security advisor John Bolton is in S. Korea. China continues to push the One China principle so as not to harm relations. Meanwhile, China has a robust active measures operation going on in Washington DC. So read on.

China’s Communist Party is intensifying covert influence operations in the United States that include funding Washington think tanks and coercing Chinese Americans, according to a congressional commission report.

The influence operations are conducted by the United Front Work Department, a Central Committee organ that employs tens of thousands of operatives who seek to use both overt and covert operations to promote Communist Party policies.

Johns Hopkins School of Advance International Studies, a major foreign policy education and analysis institute, has received funding from Tung Chee-hwa, a vice chairman of the Chinese People’s Political Consultative Conference, the party group that directs the United Front Work Department and includes a member of the Politburo Standing Committee, the collective dictatorship that rules China.

The funding for Johns Hopkins came from Tung’s non-profit group in Hong Kong, the China-U.S. Exchange Foundation, which is a registered Chinese agent.

In addition to Johns Hopkins, other think tanks linked to China and influential in American policy circles include the Brookings Institution, Atlantic Council, Center for American Progress, EastWest Institute, Carter Center, and the Carnegie Endowment for International Peace.

The Exchange Foundation is tied to Chinese government influence operations and uses the same public relations firm as the Chinese embassy. More here.

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President Xi views United Front work as an important tool to strengthen support for the CCP both inside and outside China by exploiting individuals’ emotional and ideological sympathies for China and providing financial support to key groups and individuals.24 Although the importance of United Front work declined after the founding of the People’s Republic of China,* a number of Western analysts agree it has regained its prominence since then, and especially since the rise of Xi Jinping, as Beijing has embraced a much more assertive approach to foreign policy.25In his address to the 19th National Congress of the CCP† in October 2017, President Xi called United Front work“an important way to ensure the success of the [Chinese Communist] Party’s cause” and urged the CCP to form the “broadest possible patriotic United Front.”26 President Xi has also called United Front work a “magic weapon” that is important for bringing about “the great rejuvenation of the Chinese nation.”

Several pieces of U.S. legislation in 2018 have included important provisions for countering CCP and other malign foreign influence.‡ Representative Joe Wilson (R-SC) and Senators Rubio and Tom Cotton (R-AK) introduced legislation in March 2018, titled the Foreign Influence Transparency Act, which would require organizations that promote the political agendas of foreign governments to register as foreign agents§ and would require universities to disclose certain donations and gifts from foreign sources.127 Senator Ted Cruz (R-TX) introduced the Stop Higher U.S.-China Economic and Security Review Commission 15Education Espionage and Theft Act in May 2018, which is intended to strengthen the U.S. government’s ability to counter foreign intelligence organizations working inside the U.S. educational system.128 Senator Rubio and his Congressional-Executive Commission on China co-chair Representative Chris Smith (R-NJ), along with co-sponsors, introduced companion bills in the Senate and House in June 2018 calling for the establishment of an interagency task force to compile an unclassified report on CCP influence operations targeting the United States and certain U.S. allies.129 Most significantly, the National Defense Authorization Act for 2019 contains important provisions to coordinate the U.S. government response to malign foreign influence operations and campaigns—including specifically by China.* Read in full here.

DoJ Anti-Trust Case Advancing v. Social Tech Companies

The Department of Justice is preparing to open a broad probe into whether Amazon, Facebook, and other big tech companies are illegally harming their competitors, the department said in a press release on

The investigation is the latest antitrust probe looking into “Big Tech” and is separate from the potential investigations into Amazon, Apple, Facebook, and Alphabet that are reportedly being brought up against them by the DOJ and FTC.

Watch the FAANG stocks.

What are FAANG Stocks?

Facebook (FB), Amazon (AMZN), Apple (AAPL), Netflix (NFLX), and Alphabet (GOOG) are the five technology giants trading publicly in the market. Investors grouped these companies into one acronym to capture the collective impact that these companies have on the markets.

The Big FAANG Theory: 5 Reasons To Stop Dancing With Your Favorite Big 5 | Seeking Alpha

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In the case of Big Tech and Anti-Trust, the issue is to protect competition and ensure benefits to the consumer. There are at least 3 Anti-Trust laws under consideration for the Department of Justice to pursue a case or cases against big tech.

  • The Sherman Antitrust Act
  • The Clayton Act
  • The Federal Trade Commission Act

The Sherman Antitrust Act since 1890 stands to protect a free market economy and outlaws contracts, combinations or price fixing. In short, it is a crime to monopolize.

The Clayton Act is a civil statue that prohibits mergers or acquisition that harm competition.

The Federal Trade Commission Act prohibits unfair interstate methods of commerce that include false testimony to Federal agencies, mail or wire fraud and obstruction of justice.

These Acts in composition prevent corporate cartel action in a free market system. Previous cases have included telecom companies like AT&T, Proctor and Gamble and Roche Holding, a Swiss pharmaceutical company.

The DoJ has been reviewing all things big tech for a while so just a simple review has already happened. Digital platforms are not responsive to consumer demands when it comes to privacy, access to small business and entrepreneurs and retail operations.

Congress has proposed regulation and even Facebook’s Mark Zuckerberg admitted he was open to oversight or regulation in congressional testimony. So far, big tech has not addressed the concerns of users including possible corruption, censor algorithms or slanted search results.

Users have lost trust but have little choices for other platforms that offer better free enterprise usage. Is this now a discussion and investigation on consumer welfare and protection? Yes. This comes down to an congested intersection of corporations, terms of use, subjective results, narrow competition ranges and innovation all under the guise of power and money.

There is market domination and the little guy is sideline or bought out causing harm to innovation and user expectations.

Wray’s Senate Testimony on China

Two significant items that prove Chinese espionage activities in the United States: a) Chinese Talent Plan b) Corporate Party Cells

This website has published several articles regarding the Chinese propaganda operation in the U.S. public school system and up to and including the university level.

As part of the Chinese mission to steal intellectual property beyond the insertion of censorship, culture and propaganda, China has at least two other successful objectives, the talent plan and the party cells.

China’s New Talent Policy: Objectives and Opportunities ...

A 5 page summary document on the talent plan is found here.

(U) Chinese Talent Programs are a vital part of Chinese industry. Talent programs recruit experts to fill technical jobs that drive innovation and growth in China’s economy. National, provincial, and municipal talent recruitment programs provide opportunities for experts to work in industry and academic organizations supporting key areas deemed critical to China’s development. The talent programs recruit experts globally from businesses, industry, and universities with multiple incentives to work in China. Associating with these talent programs is legal and breaks no laws; however, individuals who agree to the Chinese terms must understand what is and is not legal under US law when sharing information. A simple download of intellectual property (IP) or proprietary information has the potential to become criminal activity.

(U//FOUO) The large number of foreign students, researchers, scientists, and professionals in the United States, combined with current technological capabilities, allows foreign governments to contact and recruit individuals with the hopes to acquire advanced technology without research costs. While the majority of the population are law abiding individuals, anyone has the capability to acquire information. The theft of information can come from current or former employees, business partners, consultants, contractors, temporary hires, foreign agents, suppliers, or even vendors who have access to proprietary information. Read on here.

Per the applied website:

China initiated “the Recruitment Program of Global Experts” (known as “the Thousand Talents Plan”) since the end of 2008, under which it would bring in overseas top talents to China over the next five to ten years. Relying upon National Key Innovation Projects, National Key Disciplines and National Key Laboratories, central SOEs and state-owned commercial and financial institutions, and various industrial parks( mainly the high-tech development zones), this plan called for strategic scientists or leading talents who can make breakthroughs in key technologies or can enhance China’s high-tech industries and emerging disciplines.

By the end of May 2014,more than 4180 overseas high-level talents have been introduced in “1000 Talent Plan” by 10 times. When they go (back) to China, they are playing a positive role in the scientific innovation, technological breakthrough, discipline construction, talent training and hi-tech industry development, as an important force in the construction of the innovative country.

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May Day Story: Chinese Government’s Communist ‘Party Cells ...

As for the Party cells, China, Inc. meaning all Chinese corporations/businesses are to have a department or cell within the company that is a mobilized team ensuring all business activities and employees adhere to the Communist Party mandates.

In November, at the most important Communist Party meeting, which takes place every five years, Mr. Xi called on officials to strengthen the party in “government, the military, society and schools, north, south, east and west.” The message was quick to reach party members lower down in the ranks.

Soon after Mr. Xi’s speech, party officials in the central province of Hunan issued a notice to members instructing them to write the party into legal documents for private and state-owned companies alike. The document was accidentally made public when a local state-owned newspaper published it, but it was quickly taken down.

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In July, executives from more than a dozen top European companies in China met in Beijing to discuss their concerns about the growing role of the party in their local operations, Reuters reported.

One senior executive whose company was represented at the meeting told Reuters some firms were under “political pressure” to revise terms of their joint ventures with state-owned partners to allow the party the final say over business operations and investment decisions.

The business component with the party cells is quite important to consider when there is Chinese investment in the United States. When it comes to foreign applications, the U.S. Treasury may need to alter the approval process for all things China inside the United States given the history of theft. As for schools and business, it may be a consideration for the Chinese government to put up an export bond. Consider this is all going on as China defense industry is now the top arms maker ahead of all Western military contractors and manufacturers.

Stupid Republicans in the House and Senate, Cheap Foreign Labor

Some of the names in the Republican House and Senate we have reasons to like very much but we should have a problem with this legislation. How about America First to start? You see, Silicon Valley did some very successful Congressional lobbying. The tech companies include Microsoft, Amazon, Equifax, Cisco, Google and Facebook to name a few. In summary, America does not have enough techies to do the jobs of the future, so rather than augmenting education or do career retraining, let’s go to China and India….swell eh? We lift visa quotas, bring in cheaper labor, put Americans out of work and launch another employment crisis, right? This too is fundamentally changing the whole immigration model again and placing foreign workers above American workers. American manufacturers go to China to build stuff because it is cheap labor. H.R. 1044 ends up doing the same thing right here in America.

Trump CANNOT sign this, please tell him so as you read on.

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The House of Representatives has taken a step in the direction of eliminating green card backlogs by passing the Fairness for High-Skilled Immigrants Act of 2019 (H.R. 1044) introduced by Representatives Zoe Lofgren (D-CA) and Ken Buck. (R-CO). The support was bi-partisan and passed in a 365 to 65 vote.  The bill would:

  • Increase per country quotas from 7% to 15% in the family-based categories;
  • Establish a “first-come first-served” employment-based visa system (including EB-5 investor visas) by eliminating the “per country” caps;
  • Establish a three-year transition period during which 10-15% of the visas would be set aside for countries other than India or China; and
  • Ensure that immigrants who have approved employment-based immigration visa petitions at the time of enactment do not lose their places “in line.”

Representative Lofgren estimates that it would take a decade for the per country lines to equalize.  The expectation is that if there is no increase in the number of visas available the wait time will even out to roughly seven years for everyone.  Others have suggested that eliminating the quotas will only incentivize more immigration from India and China and thus eliminate any benefit.

Senators Mike Lee (R-UT) and Kamala Harris (D-CA) introduced a companion bill in the Senate (S. 386) back in February.  That bill which also has bi-partisan support was referred to committee on July 9, 2019.

Senator Rand Paul, who opposed the “Fairness” Act, introduced the BELIEVE Act (Backlog Elimination, Legal Immigration and Employment Visa Enhancement Act) (S. 2091) on July 11, 2019.  That bill, like the House bill, would establish a “first-come-first-served” employment-based visa system but would also:

  • Quadruple the number of employment-based visas by doubling the number available annually and then exempting dependents from the “count”;
  • Grant green cards to children of temporary workers who would normally “age-out” as long as they have graduated from a U.S. university and have been in the U.S. for at least ten years;
  • Issue employment authorization to spouses and children of temporary workers in E, H and L status;
  • Provide employment and travel authorization to those waiting in line for employment-based green cards as a safeguard; and (importantly for nurses and physical therapists)
  • Exempt all shortage occupations from green card limits.

Any equalization will eliminate long lines for some employers and industries while adding wait times for others.  Proponents of the new bills believe that the equalization would create economic benefits by, among other things, making the United States more competitive with other countries like Canada that have been able to take advantage of prospective immigrants’ frustrations with the long delays in the U.S. immigrant visa process.