Category Archives: China

Deport Those Chinese Operatives Now

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Have you read the newly released book titled ‘Bully of Asia’ by Steven W. Mosher? China is the single largest threat to global stability and Russia and Iran in second and third place.

Have you heard of the Thucydides Trap? China is an ascending power and just who is paying attention? Have you studied the fact that China is a major enabler of North Korea’s aggression behavior including the most recent launch of the intercontinental ballistic missile?

China is a thief. China has dispatched operatives throughout the West under the guise of cultural exchanges, students, temporary workers and journalists. It is all about espionage and cyberwar.

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Hey State Department and DHS, get these operatives outta here. By the way, are there any sanctions on China with regard to PLA Unit 61398?

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Have you wondered what happened to that Obama Asia Pivot that he announced in 2011? The United States needs to pivot again and now.

Why?

This Beijing-Linked Billionaire Is Funding Policy Research at Washington’s Most Influential Institutions

The Chinese Communist Party is quietly reshaping public opinion and policy abroad.

FP: The Johns Hopkins University’s School of Advanced International Studies (SAIS), located just a short walk from Dupont Circle in Washington, D.C., is one of the top international relations schools in the United States. Its graduates feed into a variety of government agencies, from the State Department to the CIA, and the military. Its China studies program is especially well known; many graduates come away with expert knowledge of the language, culture, and politics of the United States’ most important strategic competitor.

In August, SAIS announced a new endowed professorship in the China Studies department as well as a new research project called the Pacific Community Initiative, which aims to examine “what China’s broader role in Asia and the world means for its neighbors and partners.”

What the SAIS press release did not say is that the money for the new initiatives came in part from the China-United States Exchange Foundation (CUSEF), a Hong Kong-based nonprofit. CUSEF is a registered foreign agent bankrolled by a high-ranking Chinese government official with close ties to a sprawling Chinese Communist Party apparatus that handles influence operations abroad, known as the “united front.”

The China-U.S. Exchange Foundation’s partnership with a premier U.S. academic institution comes amid a Chinese Communist Party push to strengthen its influence over policy debate around the globe. The Chinese government has sought to repress ideas it doesn’t like and to amplify those it does, and its efforts have met with growing success.

Even as Washington is embroiled in a debate over Russian influence in U.S. elections, it’s China that has proved adept at inserting itself in American politics.

“The Chinese approach to influence operation is a bit different than the Russian one,” said Peter Mattis, a fellow at the Jamestown Foundation. “The Russian one is much more about an operational objective and they work backward from that objective, saying, ‘How do we achieve that?’” But on the Chinese side, Mattis said, “they focus on relationships — and not on the relationships having specific takeaway value, but that someday, some way, those relationships might become valuable.”

The Chinese seek a kind of “ecological change,” he explained. “If they cultivate enough people in the right places, they start to change the debate without having to directly inject their own voice.”

The China-U.S. Exchange Foundation was founded in 2008 by Tung Chee-hwa, a Hong Kong shipping magnate who later served as the chief executive of the former British colony, where he championed the benefits of close ties to Beijing. Tung’s Hong Kong-based nonprofit conducts academic and professional exchanges, bringing U.S. journalists, scholars, and political and military leaders to mainland China. It also has funded research projects at numerous U.S. institutions, including the Brookings Institution, the Center for Strategic and International Studies, the Atlantic Council, the Center for American Progress, the East-West Institute, the Carter Center, and the Carnegie Endowment for Peace.

Tung’s foundation’s ties to the united front are indirect, but important. Tung currently serves as the vice chairman of one of the united front’s most important entities — the so-called Chinese People’s Political Consultative Conference, which is one of China’s two rubber-stamp assemblies.

The body is one of Beijing’s most crucial tentacles for extending influence.

In its newest project with SAIS, the foundation describes the Pacific Community Initiative as a “joint research project.” David Lampton, director of the university’s China Studies Program, said in an August press release that the new professor “will also be responsible for running our Pacific Community Initiative and work closely with the China-U.S. Exchange Foundation in Hong Kong.”

Lampton also confirmed that CUSEF funded the new programs. “Both the Initiative and the Professorship were made possible through the support of the China-U.S. Exchange Foundation,” he said in an emailed statement to Foreign Policy.

But he denied that CUSEF had attached any intellectual strings to its funding.

“There are absolutely no conditions or limitations imposed upon the Pacific Community Initiative or our faculty members by reason of a gift or otherwise,” Lampton told FP. “We have full confidence in the academic integrity and independence of these endeavors.”

CUSEF denies it acts as a vehicle for Beijing’s ideological agenda or has “any connections” to the united front. “We do not aim to promote or support the policies of any one government,” wrote a spokesperson for the foundation in an email.

This isn’t the first time SAIS and the foundation have worked together; they co-sponsored a conference on China’s economy in Hong Kong in March 2016, according to the school’s website. But a professorship and a major research project offer an opportunity for broader reach — the kind of global influence that Chinese President Xi Jinping has made a centerpiece of his policies. In October, at the meeting of the Communist Party that sets the national agenda for the next five years, Xi called for an expansion of the party’s overseas influence work, referring to the united front as a “magic weapon” of party power.

That quest to shape the global view of China isn’t the same thing as soft power, said James Leibold, a professor at La Trobe University in Melbourne who researches Chinese influence in Australia, where Beijing’s recent influence operations have sparked a national controversy.

China is an authoritarian state where the Communist Party rules with an iron fist, Leibold said — and that is what Beijing is trying to export.

“What we’re talking about here is not Chinese influence per se, but the influence of the Chinese Communist Party.”

In a joint project like the one at SAIS, that influence can be subtle rather than being heavy-handed, said Jamestown’s Mattis. “It’s the ability to privilege certain views over others, to create a platform for someone to speak,” he said. “When you have a role in selecting the platform and generating what I presume they hope are some of the bigger reports on U.S.-China relations in the next few years, that’s important.”

One goal of the joint research project is, in fact, to “yield a white paper to be submitted for endorsement by both the U.S. and Chinese governments,” a CUSEF spokesperson wrote in an emailed statement to FP.

While CUSEF representatives stress that it is not an agent of the Chinese Communist Party, the foundation has cooperated on projects with the the People’s Liberation Army and uses the same Washington public relations firm that the Chinese Embassy does.

One of those PLA projects is the Sanya Initiative, an exchange program that brings together U.S. and Chinese former high-ranking military leaders. On the Chinese side, the Sanya Initiative is led by a bureau of the PLA that engages in political warfare and influence operations, according to Mark Stokes, executive director of the Project 2049 Institute.

Sometimes the results of such high-level exchanges aren’t subtle. In February 2008, PLA participants in the Sanya Initiative asked their U.S. counterparts to persuade the Pentagon to delay publishing a forthcoming report about China’s military buildup, according to a segment excised from the 2011 annual report of the congressional U.S.-China Economic and Security Review Commission.

The U.S. members complied, though their request was not successful.

Exchanges and partnerships are not CUSEF’s only initiatives. As a registered foreign agent, in 2016 it spent just under $668,000 on lobbying, hiring the Podesta Group and other firms to lobby Congress on the topic of “China-U.S. relations.” The foundation has spent $510,000 on lobbying to date in 2017.

CUSEF also keeps on retainer the consulting and public relations firm BLJ Worldwide LTD, the same firm the Chinese Embassy in the United States uses. According to FARA filings, CUSEF currently pays the firm $29,700 a month to promote the foundation’s work and run a pro-Beijing website called China US Focus.

Whether through websites, partnerships, or endowments, China has learned to wrap its message in a palatable wrapper of U.S. academics and intellectuals, according to Mattis.

“Who better to influence Americans than other Americans?” he said.

Due to N Korea, Hawaii Goes to Nuclear Warning Systems

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TOKYO/WASHINGTON (Reuters) – Japan has detected radio signals suggesting North Korea may be preparing for another ballistic missile launch, although such signals are not unusual and satellite images did not show fresh activity, a Japanese government source said on Tuesday.

After firing missiles at a pace of about two or three a month since April, North Korean missile launches paused in September, after Pyongyang fired a rocket that passed over Japan’s northern Hokkaido island.

“This is not enough to determine (if a launch is likely soon),” the source told Reuters.

Japan’s Kyodo news agency reported late on Monday that the Japanese government was on alert after catching such radio signals, suggesting a launch could come in a few days. The report also said the signals might be related to winter military training by the North Korean military.

South Korea’s Yonhap news agency, citing a South Korean government source, also reported that intelligence officials of the United States, South Korea and Japan had recently detected signs of a possible missile launch and have been on higher alert.

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Hawaii reinstates Cold War-era nuclear attack warning signal amid North Korea tension

Hawaii is reinstating a statewide nuclear attack warning signal in December to prepare for a potential attack from North Korea.

The alarm, which has not been used since the Cold War, will be reinstated on Dec. 1 as part of a ballistic missile preparedness program, according to the Hawaii Emergency Management Agency (HI-EMA).

The agency instructed residents to immediately “Get inside, stay inside and stay tuned” if they hear the siren. Alerts will be sent to resident’s phones and broadcast on television and radio. “When [HI-EMA] started this campaign, there were concerns we would scare the public. What we are putting out is information based on the best science that we have on what would happen if that weapon hit Honolulu or the assumed targets,” said HI-EMA Administrator Vern Miyagi during an emergency preparedness presentation.

Since officials would have only 15 minutes or less of warning time before a North Korean missile’s impact, Hawaii residents are advised to have a designated place to go for shelter. “There will be no time to call our loved ones, pick up our kids and find a designated shelter. We should all prepare and exercise a plan ahead of time so we can take some comfort in knowing what our loved ones are doing,” said Miyagi in an interview with The Honolulu Star Advertiser.

Although the U.S. has conducted successful missile interception tests, there is no guarantee that the Navy would detect and intercept a target, the HI-EMA warns.

An HI-EMA fact sheet explains that, based on the estimated yield of North Korean missiles, there could be anywhere from 50,000 to 120,000 burn casualties and nearly 18,000 fatalities if an attack occurs.

After an attack, residents would have to stay sheltered in place until the HI-EMA has fully assessed the radiation and fallout, which could take a few hours or as long as 14 days, the agency says on its website.

State officials have been holding town halls to answer questions from residents.

3 Chinese Nationals Charged with Hacking, Stealing Intellectual Property

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Indictment found here.

Wonder if President Trump has called President Xi….The U.S. Treasury should at least sanction Guangzhou Bo Yu Information Technology Company Limited….

Pittsburgh:

The Justice Department on Monday unsealed an indictment against three Chinese nationals in connection with cyberhacks and the alleged theft of intellectual property of three companies, according to US officials briefed on the investigation.

But the Trump administration is stopping short of publicly confronting the Chinese government about its role in the breach. The hacks occurred during both the Obama and Trump administrations.
The charges being brought in Pittsburgh allege that the hackers stole intellectual property from several companies, including Trimble, a maker of navigation systems; Siemens, a German technology company with major operations in the US; and Moody’s Analytics.
US investigators have concluded that the three charged by the US attorney in Pittsburgh were working for a Chinese intelligence contractor, the sources briefed on the investigation say. But missing from court documents filed in the case is any explicit mention that the thefts were state-sponsored.
A 2015 deal between then-President Barack Obama and Chinese President Xi Jinping prohibits the US and China from stealing intellectual property for the purpose of giving advantage to domestic companies.
In recent months some US intelligence agencies have concluded that China is breaking the agreement, sources briefed on the matter say. But there’s debate among intelligence officials about whether there’s sufficient evidence to publicly reveal the Chinese government’s role in the infractions, these people say.
Obama administration officials had touted the Obama-Xi agreement, as well as 2014 Justice Department charges against members of the Chinese People’s Liberation Army for commercial espionage, for reducing some of the Chinese cyberactivity against companies in the US.
But the 2015 Obama-Xi deal was met with skepticism inside the US agencies whose job it is to guard against Chinese cyberactivity targeting US companies. Some now say there was only a brief drop in the number of cyberspying incidents, if at all.
In the waning months of the Obama administration, intelligence officials briefed senior White House officials on information showing that the Chinese cyberattacks were back to levels previously seen, sources familiar with the matter told CNN. Early in the Trump administration, US intelligence officials briefed senior officials, including the President and vice president, as well as advisers Jared Kushner and Steve Bannon. More here.
***

Acting U.S. Attorney for Western Pennsylvania Soo C. Song charged Wu Yingzhuo, Dong Hao and Xia Lei with conspiracy to commit computer fraud and abuse, conspiracy to steal trade secrets, wire fraud and identity theft.

The most serious charge, wire fraud, carries a sentence of up 20 years in federal prison. Each conspiracy charge has a possible sentence of up to 10 years and the identity theft carries a sentence of up to two years.

The indictment alleged that Wu, Dong and Xia worked with Guangzhou Bo Yu Information Technology Company Limited, a Chinese cybersecurity firm in Guangzhou, but used their skills to launch attacks on corporations in the U.S.

Between 2011 and May 2017, the trio stole files containing documents and data pertaining to a new technology under development by Trimble, along with employee usernames and passwords and 407 gigabytes of proprietary data concerning Siemens’ energy, technology and transportation efforts, according to the indictment. The trio gained access to the internal email server at Moody’s Analytics and forwarded all emails sent to an “influential economist” working for the firm, the indictment stated. Those emails contained proprietary and confidential economic analyses, findings and opinions. The economist was not named in the indictment.

A Siemens spokesperson said that the company “rigorously” monitors and protects its infrastructure and continually detects and hunts for breaches. The company did not comment on the alleged breach by the Chinese hackers and declined to comment on internal security measures.

Michael Adler, a spokesman for Moody’s Analytics, said that to the company’s knowledge no confidential consumer data or other personal employee information was exposed in the alleged hack.

“We take information security very seriously and continuously review and enhance our cybersecurity defenses to safeguard the integrity of our data and systems,” Adler wrote in an email to the Tribune-Review.

Trimble, in a statement sent to the Trib, wrote that no client data was breached. The company concluded that the attack had no meaningful impact on its business.

Song, however, said the loss to the companies targeted was considerable.

“The fruit of these cyber intrusions and exfiltration of data represent a staggering amount of dollars and hours lost to the companies,” Song said.

Wu, Dong and Xia used “spearphish” emails to gain access to computers, spread malware to infect networks and covered their tracks by exploiting other computers known as “hop points.”

Hop points allow users to hide their identities and locations by routing themselves through third-party computer networks.

“But there were missteps that led our investigators right to them,” said FBI Special Agent in Charge Bob Johnson of the Pittsburgh office.

Johnson would not elaborate on the missteps the accused hackers took, claiming doing so could jeopardize future investigations.

The U.S. Attorney’s Office led the investigation and was assisted by the FBI’s Pittsburgh Division, the Navy Criminal Investigative Service Cyber Operations Field Office and the Air Force Office of Special Investigations.

Counterfeit Operations, Iran and North Korea

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It is a globally business and a nasty one.

U.S. officials have long accused Iran of supplying arms to rebel Houthi forces battling for control of Yemen. But Monday’s sanctions help highlight the scope of what Western officials commonly describe as the IRGC’s far-reaching and malign activities.

“Iran itself, together with its proxy, Lebanese Hezbollah, is knee-deep and has been knee-deep in the counterfeit business for quite some time,” said Matthew Levitt with the Washington Institute for Near East Policy. “Exposing this is kind of a two-for one, both exposing the organization’s terrorist activity and also exposing the nature of the criminal activity that it engages in.” More here.

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Treasury Designates Large-Scale IRGC-QF Counterfeiting Ring

11/20/2017

Iranian Network Prints Counterfeit Yemeni Bank Notes for IRGC-Qods Force

WASHINGTON – Today, the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) designated a network of individuals and entities involved in a large-scale scheme to help Iran’s Islamic Revolutionary Guard Corps-Qods Force (IRGC-QF) counterfeit currency to support its destabilizing activities.  This network employed deceptive measures to circumvent European export control restrictions and procured advanced equipment and materials to print counterfeit Yemeni bank notes potentially worth hundreds of millions of dollars for the IRGC-QF.  The IRGC-QF was designated pursuant to the global terrorism Executive Order (E.O.) 13224.

“This scheme exposes the deep levels of deception the IRGC-Qods Force is willing to employ against companies in Europe, governments in the Gulf, and the rest of the world to support its destabilizing activities.  Counterfeiting strikes at the heart of the international financial system, and the fact that elements of the government of Iran are involved in this behavior is completely unacceptable,” said Treasury Secretary Steven Mnuchin.  “This counterfeiting scheme exposes the serious risks faced by anyone doing business with Iran, as the IRGC continues to obscure its involvement in Iran’s economy and hide behind the façade of legitimate businesses to perpetrate its nefarious objectives.”

Reza Heidari and Pardazesh Tasvir Rayan Co.

Reza Heidari (Heidari) is being designated today for having acted for or on behalf of the IRGC-QF and having assisted in, sponsored, or provided financial, material, or technological support for, or financial or other services to or in support of, the IRGC-QF.

Pardavesh Tasvir Rayan Co. (Rayan Printing) is being designated today for being controlled by Heidari; for having acted for or on behalf of the IRGC-QF; having assisted, sponsored, or provided financial, material, or technological support for, or financial or other services to or in support of, the IRGC-QF; and being owned by Tejarat Almas Mobin Holding, another Iranian company also being designated today.

Heidari played a key role in procuring secure printing equipment and materials for the IRGC-QF in support of the group’s currency counterfeiting scheme.  Heidari served as the managing director of Iran-based Rayan Printing, a company involved in printing counterfeit Yemeni rial bank notes potentially worth hundreds of millions of dollars for the IRGC-QF, as of late 2016.  Heidari used front companies to obfuscate the actual end user and facilitate deceptive transactions when dealing with European suppliers of secure printing equipment and materials.

ForEnt Technik and Printing Trade Center

ForEnt Technik GmbH is being designated today for being owned or controlled by Heidari, while Printing Trade Center GmbH (PTC) is being designated for having acted for or on behalf of, and assisted in, sponsored, or provided financial, material, or technological support for, or financial or other services to or in support of, Heidari.

Heidari used German-based ForEnt Technik GmbH and PTC as front companies to deceive European suppliers, circumvent export restrictions, and acquire advanced printing machinery, security printing machinery, and raw materials in support of the IRGC-QF’s counterfeit currency capabilities.  These raw materials included watermarked paper and specialty inks from European suppliers.  Heidari is the Managing Director and sole shareholder of ForEnt Technik Gmbh.

Mahmoud Seif and Tejarat Almas Mobin

Mahmoud Seif is being designated today for having assisted, sponsored, or provided financial, material, or technological support for, or other services to or in support of, the IRGC-QF.  Tejarat Almas Mobin Holding is being designated today for being controlled by Seif.

Seif is the managing director of Tejarat Almas Mobin, the parent company of Rayan Printing.  Heidari and Seif coordinated on the procurement of raw supplies and equipment that enabled the IRGC-QF counterfeiting capabilities.  Seif was involved with the logistics of importing materials for the counterfeiting project into Iran.  Additionally, Seif has previously been involved in the procurement of weapons for the IRGC-QF.

For identifying information on the individuals and entities listed today, click here: https://www.treasury.gov/resource-center/sanctions/OFAC-Enforcement/Pages/20171120.aspx

*** So, did Iran teach North Korea to counterfeit or was it the other way around? North Korea has been counterfeiting and participating in illicit activities going back decades. North Korea is not especially fretful over the newly applied sanctions or being listed again as a terror state by President Trump. While it should be done, the regime has proven methods to finesse the system.

Ri Jong Ho had simply had enough. He’d seen too many executions.

Ri, a high-profile North Korean defector, spent years working for what is essentially a slush fund for one of the most notorious regimes on the planet, Kim Jong Un and his compatriots.
Life was good. Ri helped bring in somewhere between $50 million and $100 million for North Korean elites, and was handsomely rewarded with luxuries most North Koreans couldn’t dream of in years past: a car, a color TV and some extra cash on the side, once rarities in the communist state but more commonplace now in the capital, Pyongyang.
But he watched the regime kill his peers and their families, even children.
“It was not just high level officers, officials, but their families, their children (and) their followers,” Ri told CNN in his first interview to a major US broadcast network. “It was not just once or twice a year — it was ongoing throughout the year, thousands of people being executed or purged.”
Ri said the final straw came in late 2013, when Kim Jong Un executed his own uncle, Jang Song Thaek, with an anti-aircraft gun.
“It was a cruel and crude method of execution,” he said. “After all these years living in the socialist system, I never witnessed anything like that.”
Ri was living in China at the time, and in 2014 was able to safely defect with his family.
And just like that, Kim lost one of his top money makers.

Office 39

Ri said he worked for decades in what’s known as “Office 39.”
The office is in charge of bringing in hard currency for the regime. Ri calls it a “slush fund for the leader and the leadership.”
Ri told CNN “Office 39” is not engaged in illicit activities, but the US Treasury Department says otherwise.
The US government accused the office of engaging in “illicit economic activities” to support the North Korean government. It has branches throughout the nation that raise and manage funds and is responsible for earning foreign currency for North Korea’s Korean Workers’ Party senior leadership through illicit activities such as narcotics trafficking.
North Korea has been accused of crimes like hacking banks, counterfeiting currency, dealing drugs and even trafficking endangered species.
Workers who help bring in cash for the regime are granted access to the outside world — especially China — in order to establish networks that are crucial to making money, analysts say. They often have diplomatic privileges that allow them to evade their host country’s domestic laws, experts say.
Ri said he was not involved in illegal activities and that they were not under the purview of Office 39, but did not deny they occurred. He said much of North Korea’s hard cash is earned through exporting labor — the country sends workers across the globe and collects much of their pay, according to the UN — and exporting natural resources like coal, which China used to buy but has since stopped.
Illicit activities make a lot of money, though. The Congressional Research Service estimated in 2008 that North Korea could earn anywhere from $500 million to $1 billion from these types of illicit activities.
That money helps fund the lavish lifestyles of the North Korean elites while sanctions limit the country’s ability to make money. That keeps North Korea’s leadership happy and helps Kim prevent coup attempts, analysts say.
“They (North Korean leaders) are focused on maintaining their ruling power, and they are working on making this dynasty-like system lasting for a long time,” Ri said. “So instead of focusing on their economic development or better life, they are more focused on maintaining their system.
Some of Office 39’s profits also go to the country’s nuclear and missile programs, which crossed an important threshold this month with the testing of two intercontinental ballistic missiles, weapons that experts say likely put the United States homeland in North Korea’s range.
CNN reached out to the North Korean mission at the United Nations for a response to the interview with Ri. An official at the mission said Ri was lying to “make money and save his own life.”

‘Hundreds of fishing boats’

Analysts say Office 39 is likely now in the cross hairs of US President Donald Trump’s administration.
The Trump team has made it clear that one of the ways it plans to deal with North Korea is to squeeze its revenue streams across the globe in order to pressure them into negotiations over their weapons programs.
Who speaks for the United States on North Korea? Contradictions emerge
Ri is not sure if the tactic will work, as he says it’s easy to side-step sanctions and believes the international community has made strategic mistakes that could come back to bite them.
North Korean companies can just change their names once sanctioned, he says. North Korean leaders don’t keep much money abroad, so the sanctions against them are pointless, according to Ri. Smugglers are difficult to catch.
“Smuggling is conducted by any and every means you could imagine. Mostly larger items are done using ships, for example by filing a cargo list … where what’s written on the (list) is different from what is really being shipped,” he said. “On the open sea, the Yellow Sea, there are hundreds of fishing boats — both from China and North Korea — and all the smuggling is done by these so-called fishing boats.

Going after China

Ri believes that secondary sanctions — targeting those who do business with North Korea, like the United States did to China’s Bank of Dandong in June — is the way to go, especially in China.
Beijing accounts for about 85% of North Korean imports in 2015, according to UN data, though Ri revealed that Pyongyang does import some oil from Russia.
North Korean economist Ri Gi Song told CNN in February that China accounts for 70% of trade and that trade with Russia is increasing. More here from CNN.

Tillerson: Child Soldiers Conscription Violations

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The United Nations has a list of shame, fine but it is merely a list and a gesture.

Child soldiers are children (under 18) who are used for military purposes.

Some child soldiers are used for fighting – they’re forced to take part in wars and conflicts, forced to kill, and commit other acts of violence. Some are forced to act as suicide bombers. Some join ‘voluntarily’, driven by poverty, sense of duty, or circumstance.

Other children are used as cooks, porters, messengers, informants, spies or anything their commanders want them to do. Child soldiers are sometimes sexually abused.

Afghanistan, Central African Republic, Democratic Republic of Congo, India, Myanmar, the Occupied Palestinian Territory, Thailand, the UK and Yemen all use child soldiers, meaning on person under the age of 18. 

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Exclusive – State Dept. revolt: Tillerson accused of violating U.S. law on child soldiers

WASHINGTON (Reuters) – A group of about a dozen U.S. State Department officials have taken the unusual step of formally accusing Secretary of State Rex Tillerson of violating a federal law designed to stop foreign militaries from enlisting child soldiers, according to internal government documents reviewed by Reuters.

A confidential State Department “dissent” memo not previously reported said Tillerson breached the Child Soldiers Prevention Act when he decided in June to exclude Iraq, Myanmar, and Afghanistan from a U.S. list of offenders in the use of child soldiers. This was despite the department publicly acknowledging that children were being conscripted in those countries.[tmsnrt.rs/2jJ7pav]

Keeping the countries off the annual list makes it easier to provide them with U.S. military assistance. Iraq and Afghanistan are close allies in the fight against Islamist militants, while Myanmar is an emerging ally to offset China’s influence in Southeast Asia.

Documents reviewed by Reuters also show Tillerson’s decision was at odds with a unanimous recommendation by the heads of the State Department’s regional bureaus overseeing embassies in the Middle East and Asia, the U.S. envoy on Afghanistan and Pakistan, the department’s human rights office and its own in-house lawyers. [tmsnrt.rs/2Ah6tB4]

“Beyond contravening U.S. law, this decision risks marring the credibility of a broad range of State Department reports and analyses and has weakened one of the U.S. government’s primary diplomatic tools to deter governmental armed forces and government-supported armed groups from recruiting and using children in combat and support roles around the world,” said the July 28 memo.

Reuters reported in June that Tillerson had disregarded internal recommendations on Iraq, Myanmar and Afghanistan. The new documents reveal the scale of the opposition in the State Department, including the rare use of what is known as the “dissent channel,” which allows officials to object to policies without fear of reprisals.

The views expressed by the U.S. officials illustrate ongoing tensions between career diplomats and the former chief of Exxon Mobil Corp appointed by President Donald Trump to pursue an “America First” approach to diplomacy.

INTERPRETING THE LAW

The child soldiers law passed in 2008 states that the U.S. government must be satisfied that no children under the age of 18 “are recruited, conscripted or otherwise compelled to serve as child soldiers” for a country to be removed from the list. It currently includes the Democratic Republic of Congo, Nigeria, Somalia, South Sudan, Mali, Sudan, Syria and Yemen.

”The Secretary thoroughly reviewed all of the information presented to him and made a determination about whether the facts presented justified a listing pursuant to the law,” a State Department spokesperson said when asked about the officials’ allegation that he had violated the law.

In a written response to the dissent memo on Sept. 1, Tillerson adviser Brian Hook acknowledged that the three countries did use child soldiers. He said, however, it was necessary to distinguish between governments “making little or no effort to correct their child soldier violations … and those which are making sincere – if as yet incomplete – efforts.”

Hook made clear that America’s top diplomat used what he sees as his discretion to interpret the law.

‘A POWERFUL MESSAGE’

Foreign militaries on the list are prohibited from receiving aid, training and weapons from Washington unless the White House issues a waiver based on U.S. “national interest.” In 2016, under the Obama administration, both Iraq and Myanmar, as well as others such as Nigeria and Somalia, received waivers.

At times, the human rights community chided President Barack Obama for being too willing to issue waivers and exemptions, especially for governments that had security ties with Washington, instead of sanctioning more of those countries.

“Human Rights Watch frequently criticized President Barack Obama for giving too many countries waivers, but the law has made a real difference,” Jo Becker, advocacy director for the children’s rights division of Human Rights Watch, wrote in June in a critique of Tillerson’s decision.

The dissenting U.S. officials stressed that Tillerson’s decision to exclude Iraq, Afghanistan and Myanmar went a step further than the Obama administration’s waiver policy by contravening the law and effectively easing pressure on the countries to eradicate the use of child soldiers.

The officials acknowledged in the documents reviewed by Reuters that those three countries had made progress. But in their reading of the law, they said that was not enough to be kept off a list that has been used to shame governments into completely eradicating the use of child soldiers.

‘UNCONSCIONABLE ACTIONS’

Ben Cardin, ranking Democrat on the U.S. Senate Foreign Relations Committee, wrote to Tillerson on Friday saying there were “serious concerns that the State Department may not be complying” with the law and that the secretary’s decision “sent a powerful message to these countries that they were receiving a pass on their unconscionable actions.”

The memo was among a series of previously unreported documents sent this month to the Senate Foreign Relations Committee and the State Department’s independent inspector general’s office that relate to allegations that Tillerson violated the child soldiers law.

Legal scholars say that because of the executive branch’s latitude in foreign policy there is little legal recourse to counter Tillerson’s decision.

Herman Schwartz, a constitutional law professor at American University in Washington, said U.S. courts would be unlikely to accept any challenge to Tillerson’s interpretation of the child soldiers law as allowing him to remove a country from the list on his own discretion.

The signatories to the document were largely senior policy experts with years of involvement in the issues, said an official familiar with the matter. Reuters saw a copy of the document that did not include the names of those who signed it.

Tillerson’s decision to remove Iraq and Myanmar, formerly known as Burma, from the list and reject a recommendation by U.S. officials to add Afghanistan was announced in the release of the government’s annual human trafficking report on June 27.

Six days earlier, a previously unreported memo emailed to Tillerson from a range of senior diplomats said the three countries violated the law based on evidence gathered by U.S. officials in 2016 and recommended that he approve them for the new list.

It noted that in Iraq, the United Nations and non-governmental organizations “reported that some Sunni tribal forces … recruited and used persons younger than the age of 18, including instances of children taking a direct part in hostilities.”

Ali Kareem, who heads Iraq’s High Committee for Human Rights, denied the country’s military or state-backed militias use child soldiers. ”We can say today with full confidence that we have a clean slate on child recruitment issues,” he said.

The memo also said “two confirmed cases of child recruitment” by the Myanmar military “were documented during the reporting period.” Human rights advocates have estimated that dozens of children are still conscripted there.

Myanmar government spokesman Zaw Htay challenged accusers to provide details of where and how child soldiers are being used. He noted that in the latest State Department report on human trafficking, “they already recognized (Myanmar) for reducing of child soldiers” – though the report also made clear some children were still conscripted.

The memo said further there was “credible evidence” that a government-supported militia in Afghanistan “recruited and used a child,” meeting the minimum threshold of a single confirmed case that the State Department had previously used as the legal basis for putting a country on the list.

The Afghan defense and interior ministries both denied there were any child soldiers in Afghan national security forces, an assertion that contradicts the State Department’s reports and human rights activists.