China is Buying America with and without CFIUS

Statistics found here.

When China is not buying America, they are busy in other parts of the globe buying places like Europe. That is how China is expanding, including stealing intelligence, espionage and hacking. The parts of Britain not owned by Russia are being gobbled up by China. Russia has a long plan and China has a long plan, not too sure about the United States, Britain or other allies.

There has been many discussions in Congress to reform CFIUS, Committee on Foreign Investment in the United States. The most widely noticed scandal with CFIUS was the Uranium One deal.

U.S. watchdog expands scrutiny to more Chinese deals ... photo

Anyway, John Carlin recently spoke with the National Law Journal about bipartisan legislation introduced in November in the U.S. Senate and House of Representatives by U.S. Sen. John Cornyn, R-Texas, and U.S. Rep. Robert Pittenger, R-North Carolina, respectively, to overhaul the CFIUS review process. CFIUS reviews, which are voluntary, are meant to protect the nation from business transactions that pose a national security or strategic risk to the United States. The panel has the authority to require the transaction’s parties to undertake risk mitigation, such as carving out a specific location or element of the deal.

The panel can also recommend that the president block a deal entirely. President Donald Trump, for example, in September blocked the sale of Oregon-based Lattice Semiconductor Corp. to a Chinese company. A deal by Anthony Scaramucci, briefly a White House communications director, to sell his stake in SkyBridge Capital to Chinese company HNA Group Co., which is partly government-owned, appears to be in jeopardy after not yet clearing its nearly yearlong CFIUS review, according to reports in financial media including Bloomberg News in mid-December.Treasury Secretary Steven Mnuchin, who chairs the panel, has urged toughening CFIUS reviews.

While leading the DOJ’s National Security Division, Carlin oversaw the indictment in 2014 of five Chinese military members for economic espionage for hacks against several big U.S. companies, among them United States Steel, Westinghouse, Alcoa Inc. and SolarWorld from 2006 through 2014. The division also investigated the cyberattack on Sony Pictures Entertainment in late 2014 that the U.S. government determined originated in North Korea; and brought charges with the FBI against seven Iranians working for computer companies under contract to the Iranian government and military that conducted cyberattacks between 2011 and 2013 against 46 financial institutions including Wells Fargo and JPMorgan Chase & Co. More here.

The CFIUS review process also appears to be affecting efforts by China Oceanwide Holdings Group Co. Ltd. to acquire Genworth Financial Inc.

BusinessInsider: In 2016, General Electric sold its appliances business to Qingdao-based Haier. China’s Zoomlion made an unsolicited bid for heavy-lifting-equipment maker Terex Corporation, and property and investment firm Dalian Wanda announced a deal to buy a majority stake in Hollywood’s Legendary Entertainment.

On Friday, a Chinese-led investor group announced it would buy the Chicago Stock Exchange. And then there’s ChemChina’s record-breaking deal for the Swiss seeds and pesticides group Syngenta, valued at $48 billion according to Dealogic.

There have already been 82 Chinese outbound mergers-and-acquisitions deals announced this year, amounting to $73 billion in value, according to Dealogic. That’s up from 55 deals worth $6.2 billion in the same period last year.

Last year was a record-breaker for Chinese outbound deals, with 607 deals valued at $112.5 billion in total. Just over one month into 2016, and China is more than halfway to breaking that record.

So what’s going on?

One interpretation is that Chinese companies are simply hungry for growth as that country’s economy slows, and they’re feeding themselves by buying other companies.

“With the slowdown of the economy, Chinese corporates are increasingly looking to inorganic avenues to supplement their growth,” Vikas Seth, head of emerging markets in the investment-banking and capital-markets department at Credit Suisse, told Business Insider.

Last year, investment bankers earned $558 million in revenue from Chinese outbound M&A deals, according to Dealogic. This year, that number is at $121 million to date.

But there are, of course, a number of challenge these deals will face — especially in the US.

M&A deals in the US are subject to scrutiny by the Committee on Foreign Investment in the United States, or CFIUS. It recently prevented the $3.3 billion sale of Philips’ lighting business to a group of buyers in Asia.

feb 5 total china m&a deal value
The 82 Chinese outbound deals announced so far in 2016 are worth more than half of 2015’s total Chinese outbound-deal value.
Andy Kiersz/Business Insider

“I would be very surprised if CFIUS did not have an interest in taking a look at this deal,” said Anne Salladin of law firm Stroock & Stroock, referring to the Chicago Stock Exchange deal.

Facebook Suggested Friends Feature Recruited for ISIS

Ooops, call it Artificial Intelligence or an automated outcome friend feature because Mark Zuckerberg thinks connecting people to be friends globally is a good thing. In this case, not so much and who was paying attention? Further, has it been fixed? Nah.

Remember the time when Islamic State has mastered social media to exploit their jihad successes including their videos and publications? The world was in shock and yet, it continues today.

What about al Qaeda, or other domestic militant groups? Facebook says there is no easy fix, what? Anyone considering other social media platforms or the tech companies such as Google?

Facebook (FB) is being accused of inadvertently helping Islamist extremists connect and recruit new members. A new report in The Telegraph cites research suggesting that the social media giant connected and introduced thousands of extremists through its “suggested friends” feature. One writer who spoke to CBSN says “it’s cause for concern.”

The research was conducted by the Counter Extremism Project, a non-profit organization that pressures companies to remove extremist content online. It plans to release its findings in an extensive report later this month.

“The failure to effectively police its platform has allowed Facebook to become a place where extensive (Islamic State of Iraq and Syria or ISIS) supporting networks exist, propaganda is disseminated people are radicalized and new supporters are recruited,” researcher Gregory Waters told The Telegraph.

Facebook is already facing criticism for failing to remove terrorist material from its platform. The platform has also been blamed for spreading disinformation that stokes violence in Myanmar.

“There is no place for terrorists on Facebook,” a Facebook spokesperson said in a statement. “We work aggressively to ensure that we do not have terrorists or terror groups using the site, and we also remove any content that praises or supports terrorism. 99 percent of ISIS and Al Qaeda-related content we remove is found by our automated systems.”

J.M. Berger, author of “Extremism” and a fellow with the Counter-Terrorism Strategic Communications program, told CBSN’s Elaine Quijano that this issue is something that’s been known for some time and says “it’s cause for concern,” but further analysis of the research is needed. Berger said that “the online environment for ISIS and other jihadist extremists is much more difficult than it was just a couple of years ago.”

“It’s a problem we’ve known about for a long time … I first wrote about it in 2013,” Berger said. “All of the social media platforms use algorithms that allow them to suggest content that you might be interested in. It’s a key, integral part of their functioning and what we’ve seen is that these algorithms will recommend whatever kind of content … whether it’s extremist content or normal content. Managing that is a slightly different problem than managing extremist content where you go in and look for keywords.”

“You can be on Facebook and be an ISIS supporter and not post content that would get you suspended — if you don’t put anything publicly than you’re not going to get caught,” Berger explained. “But if you’re part of a social network that supports ISIS, then once a person becomes friends with you — Facebook is going to suggest that they all become friends.”

Berger elaborated: “It used to be that it was extraordinarily easy to find this content — to find other people doing active recruiting who are being open supporters — now that is no longer the case. We can’t realistically hope for 100 percent elimination of this content on these platforms, but now the question is how much is left?”

7 States Suing Over DACA, Know the Details

There are countless lawsuits already and here comes another. Several DACA cases have been ruled against by liberal judges. Now Texas has joined other states.

 

TX v USA Re DACA Complaint 050118 by Kaitlyn on Scribd

Perhaps those judges have not read all the real details of DACA.

Renewal deadline approaching for DACA applicants photo

DACA is a request for consideration, it is NOT an automatic approval and it is temporary. See the stipulations here.

DACA banner with forms

Guidelines

You may request DACA if you:

  1. Were under the age of 31 as of June 15, 2012;
  2. Came to the United States before reaching your 16th birthday;
  3. Have continuously resided in the United States since June 15, 2007, up to the present time;
  4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
  5. Had no lawful status on June 15, 2012;
  6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
  7. Have not been convicted of a felony, significant misdemeanor,or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

***

The Obama administration chose to deploy DACA by Executive Branch memorandum—despite the fact that Congress affirmatively rejected such a program in the normal legislative process on multiple occasions. The constitutionality of this action has been widely questioned since its inception.

DACA’s criteria were overly broad, and not intended to apply only to children. Under the categorical criteria established in the June 15, 2012 memorandum, individuals could apply for deferred action if they had come to the U.S. before their 16th birthday; were under age 31; had continuously resided in the United States since June 15, 2007; and were in school, graduated or had obtained a certificate of completion from high school, obtained a General Educational Development (GED) certificate, or were an honorably discharged veteran of the Coast Guard or Armed Forces of the United States. Significantly, individuals were ineligible if they had been convicted of a felony or a significant misdemeanor, but were considered eligible even if they had been convicted of up to two other misdemeanors.

The Attorney General sent a letter to the Department on September 4, 2017, articulating his legal determination that DACA “was effectuated by the previous administration through executive action, without proper statutory authority and with no established end-date, after Congress’ repeated rejection of proposed legislation that would have accomplished a similar result. Such an open-ended circumvention of immigration laws was an unconstitutional exercise of authority by the Executive Branch.” The letter further stated that because DACA “has the same legal and constitutional defects that the courts recognized as to DAPA, it is likely that potentially imminent litigation would yield similar results with respect to DACA.”

Based on this analysis, the President was faced with a stark choice: do nothing and allow for the probability that the entire DACA program could be immediately enjoined by a court in a disruptive manner, or instead phase out the program in an orderly fashion. Today, Acting Secretary of Homeland Security Duke issued a memorandum (1) rescinding the June 2012 memo that established DACA, and (2) setting forward a plan for phasing out DACA. The result of this phased approach is that the Department of Homeland Security will provide a limited window in which it will adjudicate certain requests for DACA and associated applications for Employment Authorization Documents meeting parameters specified below.

  • Please see the USCIS website for the latest information about DACA.

 

FBI: C’mon Director Wray Explain This

  1. Findings of Misconduct by an FBI Special Agent for Contacting Witnesses for an Improper
    Purpose, Divulging Law Enforcement Sensitive Information to Unauthorized Individuals,
    Providing Misleading Testimony, Providing False Information to the OIG, Mishandling
    Classified Information, and Misusing Government Devices and his Position, all sounds like a common condition within the FBI, right?
  2. A former Minneapolis FBI agent who sought to expose what he called “systemic biases” within the bureau has been charged after allegedly leaking secret documents to a national news reporter, according to federal criminal charges filed in Minnesota this week.

    The charges, filed by prosecutors for the Justice Department’s National Security Division, are the first to come in Minnesota since Attorney General Jeff Sessions announced a broad crackdown on government leaks last year.

    A two-page felony information, a charging document that typically signals an imminent guilty plea, outlines two counts filed against Terry James Albury of unlawfully disclosing and retaining national defense information.

    Albury is accused of sharing a document on assessing confidential human sources — otherwise referred to as informants — and a document “relating to threats posed by certain individuals from a particular Middle Eastern country” with a reporter for a national media organization.

    The second count charged against Albury alleged that he failed to turn over a document “relating to the use of an online platform for recruitment by a specific terrorist group” last year.

    The charges do not name the reporter or news organization but allege that Albury possessed and shared the information between February 2016 and Jan. 31, 2017 — the same date that the Intercept published an entry to its “FBI’s Secret Rules” series on how the bureau assesses potential informants.

    The report drew upon a secret document obtained by the Intercept that has the same publication date described in the charges against Albury. More here.

    FBI director meets with black caucus over criticized ... Director Wray

  3. But we still have the whole Andrew McCabe affair that dovetails with the Peter Strzok and Lisa Page. McCabe lost a large portion of his retirement due to many of the same charges as Albury. Yet, Peter and Lisa are still on the payroll. So?
  4. We have yet this other SA, Special Agent, whose name has not been released caught up in a case very much like that of Albury. Yet, there will be NO criminal charges. Why? Calling Director Wray for an explanation.
    An FBI agent found to have leaked sensitive information to witnesses, mishandled classified information and lied to investigators will not face criminal charges and appears to have retired while an inquiry into his conduct was underway, according to the Justice Department Office of Inspector General.

    An investigative summary posted online by the department’s internal watchdog unit on Monday is short on details, but says investigators opened an investigation after receiving allegations that the unidentified special agent “contacted witnesses in a criminal investigation for an improper purpose.”

    “The OIG found that the SA contacted individuals who he either knew were, or had reasonable belief would be witnesses in the criminal investigation and that the SA’s contacts with several individuals appeared to be designed to improperly influence their prospective testimony,” the statement said. “Accordingly, the OIG concluded that the SA’s contacts with the witnesses were improper and constituted misconduct.”

    Investigators also uncovered other instances of serious misconduct by the agent, saying he “divulged law enforcement sensitive information to unauthorized individuals; misused his government issued electronic devices; provided misleading testimony during a related civil deposition; mishandled classified information; misused his position during contacts with local law enforcement officers; and provided false information to the OIG.”

    All rather a funky way to apply the law, policy and maintain integrity eh?

Take Honduras as an Example

The caravan, the caravan…

There is a crisis going on at the California border check point where an estimated 200 migrants are attempting to gain entry into the United States by using all tactics stressing our resources and laws.

Today: The Caravan at California’s Door photo

(Note the sign provided by ANSWER Coalition)

So, the big question is if these people are desperate to leave their home countries out of fear, crime and corruption, then why have they not visited our embassies in their home countries? They just fled. People fleeing to the United States must and do travel through Mexico. So, where is the humanitarian policy of Mexico to accept these desperate people?

A large number of people attempting to enter the United States come from a handful of countries in Central America such as Guatemala, El Salvador, Honduras and Nicaragua. So, let us examine Honduras as an example. for a summary of the crime and threat assessment in Honduras, go here.

How Instability in Central America Affects US-Mexico ... photo

In 2009, Obama cut $200 million in non-humanitarian aid to Honduras. The United States must address stabilizing these countries, rather than allowing their failures and exporting the problem(s) to the United States.

But:

Honduras, one of Latin America’s poorest nations, strives to improve its economic and democratic development with U.S. assistance. The United States has historically been the largest bilateral donor to Honduras. U.S. Agency for International Development (USAID) programs target a variety of sectors including education, health, economic policy, microenterprise, environmental conservation, food security, municipal development, and justice sector reform. USAID has provided more than $3 billion in economic and social development assistance to the Honduran people since it began working in the country in 1961. Currently, programs focus on addressing the main push factors of migration by improving citizen security, reducing extreme poverty, and improving public administration through transparency and accountability reforms. To achieve these objectives, USAID’s efforts address citizen security through community-based crime prevention activities, with a focus on the highest crime neighborhoods and those youth who are most at-risk. Additionally, USAID strengthens local and national governance, as well as civil society monitoring and watchdog organizations; helps the poorest sectors of society increase food security and incomes; supports the sustainable management of natural resources; expands quality basic education and workplace and life-skills training; and improves the quality and participation of local citizens and civil society in decentralized basic services.

In 2017, the U.S. Department of Commerce will be dedicating $1.5 million for a customs and border management program focused on improving trade into Honduras and others parts of Central America. The U.S. Department of Agriculture provided $47 million in 2015-2016 for its two programs that deliver school meals to 53,000 students and increase agricultural productivity and trade.

The United States Armed Forces maintain a small presence at a Honduran military base. U.S. forces conduct and provide logistical support for a variety of bilateral and multilateral exercises–medical, engineering, counternarcotics, and disaster relief–for the benefit of the Honduran people and their Central American neighbors. Through the Central America Regional Security Initiative, the United States supports the Government of Honduras by assisting law enforcement entities in disrupting criminal networks; building investigative, prosecutorial, and judicial capacity; and implementing violence prevention programs for vulnerable communities.

In June 2005, Honduras became the first country in the hemisphere to sign a Millennium Challenge Corporation (MCC) Compact with the U.S. Government. Under the Compact, the U.S. Millennium Challenge Corporation invested $205 million over 5 years to help Honduras improve its road infrastructure, diversify its agriculture, and transport its products to market. In 2013, Honduras received a $15.6 million MCC Threshold Agreement to support Honduran efforts to improve public financial management and create more effective and transparent public-private partnerships.

The State Department website for the embassy in Honduras explains that in order to obtain a visa, the applicant must establish they meet all requirements to receive a visa. The website even includes a ‘visa wizard’ that aids in the application process to determine the specific visa that best fits the case.

There is a fraud unit at all embassies and if fraud is committed during in the visa process, benefits are lost, fines are applied and a jail sentence can be applied.

There is yet another requirement for travel and approval to enter the United States, vaccines.

They include: mumps, measles, rubella, polio, tetanus and diphtheria, pertussis, Haemophilus influenzae/type B, hepatitis A and B, rotavirus, meningococcal disease, varicella, pneumococcal disease, and seasonal influenza.

So, given just the vaccine requirements, detention in either Mexico or the United States for those attempting to enter the United States is warranted. The cost however of medical examinations and detention is significant and government agencies cannot estimate those costs to the taxpayer.

Now, here is something quite curious:

Who is a refugee?

According to the 1951 United Nations Refugee Convention, a refugee is defined as someone who “owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country…”

  • Asylum seekers have submitted a claim for refugee status and are waiting for this claim to be accepted or rejected.
  • Refugees and asylees comprise the majority of displaced persons resettled to the United States.

What are the top countries of origin and asylum*?

The top ten countries of refugee origin are Afghanistan, Iraq, Somali, DR Congo, Myanmar, Colombia, Sudan, Vietnam, Eritrea, and China.

The top ten countries of refugee asylum are Pakistan, Iran, Syria, Germany, Jordan, Kenya, Chad, China, United States, and United Kingdom.

* Countries are listed in order from greatest to least number of refugees as of Dec 2010.

Source: UNHCR Global Trends (2010)

Statistics on International Refugees and US Domestic Refugee Admissions:

Source: UNHCR, 2009 Global Trends: Refugee, Asylum-Seekers, Returnees, Internally Displaced and Stateless People

  • As of 2009, an estimated 15.2 million refugees were located around the world. Of these refugees, 251,500 were voluntarily repatriated to their home nations.
  • In 2011, the United States accepted 56,424 refugees for resettlement.

Source: U.S. Department of State, Bureau of Population, Refugees, and Migration (PRM), Worldwide Refugee Admissions Processing System (WRAPS)

The U.S. has projected a refugee resettlement ceiling of 76,000 individuals for FY 2012.
Source: Presidential Determination No. 2011-17: FY 2012 Refugee Admissions Numbers

Immigrant, Refugee and Migrant Health Branch (IRMH)

The goal of the IRMH Branch within the Division of Global Migration and Quarantine is to promote and improve the health of immigrants, refugees, and migrants and prevent the importation of infectious diseases and other conditions of public health significance into the U.S. by these groups. To accomplish this goal the IRMH branch plays a significant role in refugee health, both overseas and domestically.

Older female refugee

Overseas

  • IRMH develops and implements the Technical Instructions used by overseas panel physicians who are responsible for conducting the medical examinations for U.S.-bound refugees. The Technical Instructions consist of medical screening guidelines, which outline in detail the scope of the medical examination. The purpose of the medical examination is to identify, for the Department of State and the US Citizenship and Immigration service, applicants with medical conditions of public health concern.
  • IRMH also maintains an anonymous collection of surplus blood samples from overseas screenings called the Migrant Serum Bank (MSB). Scientists from around the world can request to use the samples for research projects.

Domestic

  • The Domestic Refugee Health Program facilitates collaboration with state and local health department partners to improve the health care and monitor medical conditions of refugees after their arrival into the United States.
  • IRMH also maintains the Electronic Disease Notification System (EDN), which notifies states and local health departments of the arrival of refugees to their jurisdictions. EDN provides states with overseas medical screening results and treatment follow-up information for each refugee.

IRMH Partners

To accomplish its goals in refugee health, IRMH works with many external partners: