Justice Dept Brands Huawei as a Criminal Enterprise

Gotta hope that Europe takes note, especially Britain. Europe so far has approved Huawei as the vendor platform for 5G. Check your use of apps at the Google store and take a second look at your smart devices.

Image result for huawei source

FDD: The U.S. Department of Justice (DOJ) indicted Chinese telecommunications firm Huawei Technologies and its subsidiaries last week for alleged racketeering, theft of intellectual property, and conspiracy to commit bank fraud, among other charges. The indictment portrays Huawei not merely as a company that has broken the law, but as a fundamentally criminal enterprise.

The new charges target Huawei, four of Huawei’s subsidiaries (Huawei Device Co. Ltd., Huawei Device USA Inc., Futurewei Technologies Inc., and Skycom Tech Co. Ltd.), and Huawei’s chief financial officer, Meng Wanzhou, for violating the Racketeer Influenced and Corrupt Organizations (RICO) Act, which Congress passed in 1970 to combat organized crime.

According to the DOJ, the Huawei business model entailed “the deliberate and repeated misappropriation of intellectual property of companies headquartered or with offices in the United States.” DOJ also highlighted other violations, including Huawei’s role in sanctions evasion and fraudulent activities.

Last week’s indictment marks the first time DOJ charged a company with suspect connections to a foreign government as a criminal enterprise. Although Huawei asserts it is not state-owned, the company has indirect ties to the Chinese government and has yet to publically disclose who exactly owns and controls the company. Huawei’s majority shareholder is the company’s labor union, which keeps the details of its membership and governance structure out of the public eye. Last year, Jiang Xisheng, a top executive, explained during a press conference that the labor union’s ownership is simply a matter of legal convenience; this only further obfuscated who is really in charge. Additionally, Huawei’s founder, Ren Zhangfei, served in the Chinese military and is a member of the Chinese Communist Party.

While the indictment does not say that Beijing directed Huawei to operate as a criminal enterprise, China’s National Intelligence Law of 2017 requires Huawei and other private companies to provide the government with their data to “support, assist, and cooperate with state intelligence according to the law.” In short, the law empowers Beijing to exploit Huawei as an intelligence asset whenever it sees fit.

In other high-profile cases, the Chinese government has stolen sensitive U.S. data to achieve a strategic advantage. U.S. officials have even deemed China’s espionage and intelligence activities as a “long-term existential threat to the security of our nation.” In 2012, the head of the U.S. National Security Agency estimated that China’s economic espionage cost U.S. companies $250 billion in annual losses. Additionally, the targeting of strategic industries has allowed Beijing to enhance its own military capabilities at America’s expense.

The exploitation of Huawei could clearly enhance Beijing’s intelligence collecting capabilities. Just last week, the U.S. government reported that for over ten years Huawei secretly maintained “back doors” on its mobile networks that allowed the company – and potentially the Chinese government – to have direct access to their users’ most sensitive data.

The indictment of Huawei as a criminal enterprise shows that the Trump administration was mistaken when it placated Beijing by softening previous penalties for Huawei’s misconduct. If the court finds Huawei guilty under RICO, the administration should ensure the full application of all penalties necessary to end its criminal pursuits.

 

US Unable to Trace $716 Million of Military Gear

It was and still is a nasty conflict in Syria, Iraq and even in Turkey. Islamic State lost their control of land mass but the terror group(s) still operate in various locations.
The Pentagon’s Office of the Inspector General, which was released to the public on Tuesday, shows that most of the CTEF weaponry’s whereabouts cannot be verified. The reason, according to the audit, is that officials with the Special Operations Joint Task Force – Operation Inherent Resolve, failed to maintain detailed lists of all military equipment given to Washington’s allies in Syria between 2017 and 2018. Officials did not have a centralized depository facility for dispensing the equipment, and no documentation was kept during the operation, according to the audit. Consequently, thousands of weapons, weapons parts and other military hardware were exposed to “loss and theft”, says the Pentagon report.

US pulled multiple ways in Syria as Islamic State recedes ... source

In December 2018, the DoD began planning for the safe, professional withdrawal of U.S. personnel from Syria while maintaining its efforts to defeat ISIS. For FY 2020, the DoD budget requested $300 million, including $173.2 million for weapons, ammunitions, vehicles, and other CTEF-S equipment, to ensure the enduring defeat of ISIS. The FY 2020 DoD budget request states that equipping, sustaining, and enabling the VSO is critical to the DoD’s approach. The relationship between U.S. forces and the VSO relies heavily on the DoD’s ability to provide weapons, ammunitions, and equipment. Furthermore, the FY 2020 DoD budget request states that the VSO’s combat effectiveness, movement, and operational tempo are directly linked to U.S. support, including the provision of weapons, ammunition, and equipment.

The CTEF-S program provides equipment designated for Syria to support the VSO. From FY 2017 through FY 2018, Congress authorized a total of $930 million for the CTEF-S program to support the VSO. Of the $930 million, the DoD budget requested $715.8 million for weapons, ammunition, vehicles, or equipment for FYs 2017 and 2018.

Special Operations Joint Task Force–Operation Inherent Resolve (SOJTF-OIR), under Combined Joint Task Force–OIR (CJTF-OIR), is the primary accompany force in Syria that advises and assists the VSO. According to SOJTF-OIR personnel, SOJTF-OIR also manages the day-to-day operations of the CTEF-S program. Specifically, SOJTF-OIR personnel identify program requirements—including the VSO’s needs for CTEF-S equipment and weapons— coordinate with acquisition agencies, manage equipment distribution, and monitor divestment tracking and reporting for CTEF-S equipment, such as weapons, ammunition, or vehicles.

Personnel from 1st Theater Sustainment Command (1st TSC), under U.S. Army Central, told us that 1st TSC personnel account for and store CTEF-S equipment in Kuwait, accept the equipment once it arrives in Kuwait, then transport the equipment to the Building Partners Capacity (BPC) Kuwait warehouse. According to 1st TSC personnel, 1st TSC maintain a detailed inventory of all CTEF-S equipment at the BPC Kuwait warehouse and coordinate the movement of all CTEF-S equipment from the BPC Kuwait warehouse to storage sites closer to Syria. Personnel from 1st TSC indicated that CTEF-S equipment remains in U.S. Government possession while stored at the BPC Kuwait warehouse and storage sites closer to Syria. According to SOJTF-OIR personnel, Coalition units located throughout Syria work closely with the VSO to identify their current and future operational needs, such as weapons and vehicles. The VSO consists of DoD-approved Syrian opposition personnel who are dedicated to fighting ISIS throughout Syria. SOJTF-OIR personnel stated that Coalition units select, investigate, train, and equip these local Syrian forces to defeat ISIS. In addition, SOJTF-OIR personnel stated that Coalition units receive the CTEF-S equipment from the BPC Kuwait warehouse and divest CTEF-S equipment to the VSO. Once divested, ownership and accountability of CTEF-S equipment is transferred from the DoD to the VSO.

Finding

SOJTF-OIR personnel did not account for the budgeted $715.8 million of CTEF-S equipment for FYs 2017 and 2018 from procurement through divestment in accordance with DoD Instruction 5000.64 and Army Regulation 735-5. For example, SOJTF-OIR personnel did not maintain comprehensive lists of all equipment purchased and received. This occurred because SOJTF-OIR personnel allowed multiple entities involved with CTEF-S equipment to store records in numerous locations instead of designating a central repository for all supporting accountability documentation.

1st TSC personnel did not properly store or secure CTEF-S equipment at the BPC Kuwait warehouse in accordance with DoD guidance, Army regulations, or SOJTF-OIR standard operating procedures. For example, 1st TSC personnel stored weapons outside in metal shipping containers, exposing the equipment to harsh environmental elements, such as heat and humidity. This occurred because SOJTF-OIR personnel did not divest or dispose of CTEF-S equipment, which led to overcrowding at the BPC Kuwait warehouse. In addition, according to 1st TSC’s inventory records, 1st TSC personnel stored 4,144 Category II weapons (sensitive weapons), such as machine guns and grenade launchers, outside in metal shipping containers and not in a facility that met the requirement for storing Category II weapons.

For FY 2020, the DoD budget requested $173.2 million for weapons, ammunitions, vehicles, and other CTEF-S equipment. Without accurate accountability records, such as inventory records and hand receipts, SOJTF-OIR personnel could order equipment that SOJTF-OIR already has in stock, risking unnecessary spending of CTEF-S funds and further overcrowding the BPC Kuwait warehouse resulting in equipment being stored outside.

Furthermore, SOJTF-OIR and 1st TSC personnel left thousands of CTEF-S weapons and sensitive equipment items vulnerable to loss or theft. Without conducting consistent inventories and ensuring proper security for CTEF-S equipment, 1st TSC could not determine whether items were lost or stolen which could delay the initiation of an investigation.

Recommendations

We recommend that the Commander of SOJTF-OIR develop a central repository system for all documentation required to support CTEF-S equipment requested on the memorandum of requirement through the entire divestment process.

We recommend that the Commander of SOJTF-OIR develop guidance for the proper disposal of CTEF-S equipment stored at the BPC Kuwait warehouse that has been declared unserviceable.

Additionally, we recommend that the Commander of 1st TSC complete a physical security inspection periodically, but no less than every 18 months, and ensure corrective action is taken to fix new and existing security issues identified.

Management Comments and Our Response

During the audit, we advised SOJTF-OIR and 1st TSC of the deficiencies within the CTEF-S program for the accountability and security of CTEF-S equipment. SOJTF-OIR and 1st TSC personnel agreed with our findings and immediately initiated corrective actions. SOJTF-OIR personnel stated that SOJTF-OIR created a shared drive portal for all documentation for CTEF-S equipment from procurement through divestment, including memorandums of requirement, purchase orders, equipment received, inventories completed, hand receipts, transfers, and divestment packages. 1st TSC has already started providing its hand receipts and completed inventory documents to SOJTF-OIR for inclusion in the shared drive. As of January 2020, SOJTF-OIR is using this shared drive portal to store documentation for CTEF-S equipment, such as inventories, lateral transfers, and hand receipts. The actions taken addressed the specifics of Recommendation 1 to establish a central repository for all documentation required to support CTEF-S equipment requested on the memorandum of requirement through the entire divestment process; therefore, Recommendation 1 is closed.

On May 31, 2019, U.S. Central Command developed and began implementing a disposal plan for unserviceable equipment purchased for the VSO, including items stored at the BPC Kuwait warehouse. CJTF-OIR personnel stated that this plan will reduce the amount of CTEF-S equipment currently stored at the BPC Kuwait warehouse, and equipment will no longer need to be stored outside the warehouse exposed to the harsh elements. Furthermore, in November 2019, CJTF-OIR personnel confirmed that disposition guidance for unserviceable CTEF-S equipment was received from U.S. Central Command and that unserviceable CTEF-S equipment will be provided to the Defense Logistics Agency or disposed. The actions taken addressed the specifics of Recommendation 2 to develop guidance for the disposal of unserviceable equipment; therefore, Recommendation 2 is closed.

During our February 2019 followup site visit, the audit team verified that 1st TSC personnel had started taking corrective actions to address the security deficiencies on the issues the audit team identified during the initial site visit. The actions taken addressed the specifics of Recommendation 3 to complete a security inspection and address security issues; therefore, Recommendation 3 is closed.

This report is a result of Project No. D2019-D000RJ-0031.000

US Navy Seizes Iran Ship with SAMs on Board

Our turn eh? Hummm, the same say that the Senate votes to limit the President’s war power measures on declaring war with Iran, this event from last week hits the headlines. By the way, President Trump has never indicated he would go to war with Iran with or without Congressional approval so that whold bi-partisan measure in the Senate was just a formality…gesture.

The Senate passed a war powers resolution Thursday that constrains President Donald Trump’s ability to authorize military strikes against Iran.

The resolution from Democratic Sen. Tim Kaine received bipartisan support. It passed 55–45 with eight Republicans voting with Democrats in favor. However, Trump has signaled he will veto the resolution, and there are not enough votes in Congress to override the veto.

Kaine introduced the resolution in early January after escalating tensions with Iran culminated in an American strike killing Iranian general Qassem Soleimani and Iran responding by firing missiles at two American bases in Iraq. The administration gave Congress a briefing to justify the strike after the fact, which didn’t satisfy Democrats and infuriated two administration allies, Republican Reps. Mike Lee and Rand Paul.

“The nation should not be at war without a vote of Congress,” said Kaine Wednesday. “Even if he chooses to veto it and we can’t override, the will of both bodies and the public they represent, that could be a factor in his decision making.” h/t

Anyway, back to the SAMs…surface to air missiles…

U.S. Warship in Arabian Sea Seizes Suspected Iranian Weapons

***

Ticonderoga-class guided-missile cruiser USS Normandy (CG-60) seized a cache of Iranian-made anti-tank missiles and other munitions aboard a dhow in the Arabian Sea over the weekend.

Normandy stopped the dhow while conducting maritime security operations over the weekend, in accordance with international law, according to a statement released Thursday by U.S. Central Command.

The seized weapons include:

  • 150 Dehlavieh anti-tank missiles, which are Iranian-made version of the Russian Kornet anti-tank missiles
  • Three Iranian-made surface-to-air missiles
  • Thermal imaging weapon scopes
  • Components for manned and unmanned aerial and surface vessels

The CENTCOM statement noted that many of the munitions seized over the weekend by Normandy are similar to weapons and components seized in November by the crew of Arleigh Burke-class guided-missile destroyer USS Forrest Sherman (DDG-98).

The weapons included 358 surface-to-air missile components and ‘Dehlavieh’ anti-tank guided missiles (ATGM), intended for the Houthis in Yemen, aboard a stateless dhow during a maritime interdiction operation in the U.S. Fifth Fleet area of operations on Feb. 9, 2020. US Navy Photo

The weapons seized by Forrest Sherman were determined to be destined for Houthi rebels fighting in Yemen, according to CENTCOM. Houthi rebels have been fighting Saudi Arabian forces in Yemen for five years. The force has used unmanned aerial and surface vessels to attack Saudi Arabian forces in the past, using equipment that U.S. military experts say comes from Iran.

The shipment of weapons seized over the weekend would violate a United Nations Security Council resolution prohibiting the “direct or indirect supply, sale, or transfer of weapons to the Houthis,” the CENTCOM statement notes.

Chinese Spy Leading California Public Pension Fund?

This may add some very new and different questions when it comes to the Biden foreign operations….read on….

Rep. Jim Banks, R-Ind., joined “Mornings with Maria” to explain why he wrote a letter to California Gov. Gavin Newsom highlighting his concerns about the state public pension fund’s chief investment officer having ties to China.

The fund has invested $3.1 billion in Chinese companies, some of which have been blacklisted by the U.S. government, Banks told FOX Business’ Maria Bartiromo.

“If this were up to me, I would fire [Chief Investment Officer Yu Ben Meng] immediately because of these suspicious ties,” he said. “We learned that Mr. Meng, who is the chief investment officer of CalPERS, was actually recruited to this position by the [Chinese Communist Party] through something called the Thousand Talents Program. Now he’s denied it.”

CalPERS stands for the California Public Employees’ Retirement System, the largest public pension fund in the nation.

“What is unusual is that many of these companies are companies that we’ve blacklisted, that make Chinese military equipment or are responsible for technologies like Hikvision, which is the equipment that’s used by the Chinese for surveillance on the Uighur Muslim population that they’ve been abusing in their own country,” Banks said.

The Commerce Department blacklisted Hikvision in October “for engaging in or enabling activities contrary to the foreign policy interests of the United States.”

CalPERS defended Meng.

“This is a reprehensible attack on a U.S. citizen. We fully stand behind our Chief Investment Officer who came to CalPERS with a stellar international reputation,” a CalPERS spokeswoman told Reuters.

China's Social Credit System – It's Coming To The United ...

Hold on, it is actually worse… going back 4 months ago….

(Reuters) – Some of the biggest public pensions funds in the United States have invested in one of the world’s largest purveyors of video surveillance systems that the U.S. government claims are used in wide-scale repression of the Muslim population of western China.

The Trump administration’s decision to put the company, Hangzhou Hikvision Digital Technology Co (002415.SZ), on a blacklist last week has prompted at least two of the pension plans to say they are reviewing or monitoring that development.

The blacklist applies to Hikvision and seven other companies because they allegedly enabled the crackdown that has led to mass arbitrary detentions in the Xinjiang region.

“We are tracking the situation given this new development with the Department of Commerce’s announcement,” a spokeswoman for the California State Teachers’ Retirement System (CalSTRS) said in an email.

CalSTRS owned 4.35 million Hikvision shares at the end of June 30, 2018, the last data available. The holding, owned directly and through emerging market exchange-traded funds, would be worth $24 million at that share count.

The New York State Teachers Retirement System also owned Hikvision, reporting 81,802 shares at the end of June, up from 26,402 shares at the end of 2018, fund disclosures show.

“Our holdings are primarily held according to their weights in passive portfolios matching the MSCI ACWI ex-U.S. index, our policy benchmark. We are monitoring the situation,” said a spokesman for the teachers’ fund. The ex-U.S. All Country World Index includes stocks from 22 developed and emerging markets.

The blacklisting means Hikvision and the other companies will not be able to buy U.S. technology, such as software and microchips, without specific U.S. government approval. It does not prevent U.S. investors from buying the companies’ shares. In August, Hikvision had been banned from selling to U.S. federal agencies because the government said its products could allow access to sensitive systems.

Hikvision’s General Manager Hu Yangzhong told Reuters on Wednesday it has been talking to the U.S. government about Xinjiang and has hired human rights lawyers to defend itself against the blacklisting.

A spokeswoman for law firm Sidley Austin LLP, which has lobbied for Hikvision this year, declined to comment.

Another major fund investing in Hikvision shares is the Florida Retirement System (FRS), with 1.8 million shares at the end of June.

A spokesman for the fund said it was working closely with external money managers “related to the issue in order to meet all regulatory and fiduciary requirements.”

POSTER CHILD

Risk consultants say the ease with which money used for the retirements of tens of millions of Americans is being invested in such companies should concern U.S. authorities at every level, as well as Americans generally.

“Hikvision has emerged as the corporate poster child for enabling Chinese human rights abuses, with its surveillance cameras visible atop the walls of detention camps incarcerating some one million or more Uighurs in Xinjiang,” said Roger Robinson, president and CEO of Washington DC-based risk consultancy RWR Advisory Group.

Beijing denies any mistreatment of people at the camps, which it says provide vocational training to help stamp out religious extremism and teach new work skills.

Robinson said that many Americans are unwittingly owning shares in such companies because they are in index funds. “They are picked up by the index providers in sizable numbers and sluiced into U.S. investor portfolios with seemingly very little, if any, due diligence or disclosure in the categories of national security and human rights.”

MSCI Inc (MSCI.N), whose products are designed for global investors, added Hikvision to its benchmark emerging markets index last year. MSCI declined to comment.

One other company among the blacklisted eight that is owned by some of the big pension funds is iFlytek Co Ltd (002230.SZ), a speech-recognition firm. Its shares were owned by funds in Florida, New York State as well as CalSTRS and the California Public Employees Retirement System (CalPERS) indirectly through the iShares MSCI Emerging Markets ETF at their last disclosure dates. IShares, a top ETF provider owned by BlackRock Inc (BLK.N), declined to comment.

CUTTING TIES

Not all the funds have stuck with Hikvision.

The New York State Common Fund, one of the country’s biggest pension funds, liquidated its position months ago. It had owned 2.7 million shares worth $14.2 million at the end of March through an external fund manager, but sold them in May, a spokesman said, declining to say why.

U.S. mutual funds have also cut or eliminated positions in Hikvision amid the negative publicity, which included it being named in a Human Rights Watch report on mass surveillance in Xinjiang in May.

Just 9% of global emerging markets funds now own Hikvision, down from 20% in 2018, according to Copley Fund Research. One fund to pull out is the $2.7 billion Artisan Developing World Fund (APDYX.O), which had a $66 million position in Hikvision at the end of March but reported holding no shares three months later, fund disclosures show. Artisan did not respond to a request for comment.

At least one U.S. pension fund had worried this summer about whether to invest in the Chinese surveillance company.

The $33 billion Alaska Permanent Fund had considered an investment in a China fund featuring Hikvision as a top holding, according to minutes of a June meeting of its trustees and staff. The minutes were published last month.

Schroders Global Asset Management, a finalist for the fund’s mainland China investment mandate, touted Hikvision as a top performer.

Some Alaska trustees, however, worried about “headline risks” of investing in companies that aid the Chinese government’s surveillance activities, according to the minutes.

Jack Lee, portfolio manager of the China fund, assured Alaska pension officials he had spoken with Hikvision executives. Hikvision will “try to avoid that kind of business,” the trustees were told, but “they don’t necessarily know how their equipment is used,” Lee told the trustees, according to the minutes.

Reuters could not determine whether Alaska made an investment in the Schroders fund that included Hikvision stock.

A spokeswoman for the Alaska Retirement Management Board, which oversees the pension, said it does not have any additional information to share regarding Schroders’ efforts. A Schroders spokesman declined to comment.

 

 

Huawei Snooping via Backdoor on US Telecom Network

For ten years…..

U.S. officials say Huawei Technologies Co. can covertly access mobile-phone networks around the world through “back doors” designed for use by law enforcement, as Washington tries to persuade allies to exclude the Chinese company from their networks.

Chinese tech giant Huawei can reportedly access the networks it helped build that are being used by mobile phones around the world. It’s been using backdoors intended for law enforcement for over a decade, The Wall Street Journal reported Tuesday, citing US officials. The details were disclosed to the UK and Germany at the end of 2019 after the US had noticed access since 2009 across 4G equipment, according to the report.

The backdoors were inserted for law enforcement use into carrier equipment like base stations, antennas and switching gear, the Journal said, with US officials reportedly alleging they were designed to be accessible by Huawei.

“We have evidence that Huawei has the capability secretly to access sensitive and personal information in systems it maintains and sells around the world,” Robert O’Brien, national security adviser, reportedly said.

The White House and Huawei didn’t immediately respond to a request for comment, but the tech giant rejected the claims according to the Journal.

UK Prime Minister Boris Johnson approved Huawei for 5G last month with some conditions: The British restrictions are to exclude Huawei from building core parts of the UK’s 5G networks, have Huawei’s market share capped at 35% and exclude Huawei from sensitive geographic locations. The European Union allowed higher-risk vendors for 5G with similar restrictions at the end of January.

Huawei’s 5G approval there came despite the US urging the UK to ban the Chinese telecommunications giant.

Huawei was blacklisted in May when it was added to the United States’ “entity list” (PDF). In addition, US President Donald Trump at the same time signed an executive order essentially banning the company in light of national security concerns that Huawei had close ties with the Chinese government. Huawei has repeatedly denied that charge.

*** Huawei faces further investigation into Chinese 'spying ... source

Huawei disputed the latest allegations, as it has done in the past, saying it “has never and will never do anything that would compromise or endanger the security of networks and data of its clients.” Huawei also said that the United States made its latest accusations “without providing any kind of concrete evidence.”

“No Huawei employee is allowed to access the network without an explicit approval from the network operator,” a Huawei official said, according to the Journal.

The US government has been moving to reduce the amount of Huawei and ZTE equipment in telecom networks. The Federal Communications Commission voted unanimously in November to ban Huawei and ZTE gear in projects paid for by the FCC’s Universal Service Fund (USF). FCC Chairman Ajit Pai said at the time that Huawei and ZTE “have close ties to China’s Communist government and military apparatus” and “are subject to Chinese laws broadly obligating them to cooperate with any request from the country’s intelligence services and to keep those requests secret.”

The ban is expected to hit small carriers the hardest, as Huawei has appealed to small network operators by selling low-cost gear. By contrast, big telcos like AT&T “have long steered clear of Huawei,” a March 2018 Wall Street Journal report said.