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Non-Renewal of M.F.N. For China: A Proportionate Response to Beijing’s Emerging, Trade-Subsidized Strategic Threat

(Washington, D.C.): Congress is
expected shortly to consider President
Clinton’s proposal to renew for an
additional year China’s Most Favored
Nation (MFN) status. While there are many
compelling reasons for opposing such a
renewal, the William J. Casey Institute
of the Center for Security Policy
believes that there is one overarching
factor that demands this step: Communist
China is utilizing much of the huge trade
surplus that it enjoys thanks to this
privileged trading status to mount a
strategic threat to the United States and
its vital interests in Asia, the Middle
East and beyond.

While MFN is a blunt
instrument
— affecting, if it
is denied, millions of innocent Chinese
workers, the economy of Hong Kong, U.S.
jobs associated with exports to and
imports from China, etc. — it is
also the only measure currently on the
table that is remotely proportionate to
the magnitude of the danger Beijing is
creating, to a considerable degree
with resources it is garnering from trade
with the United States
.

China’s Offensive Strategy

In the Summer 1994 edition of Orbis,
Ross H. Munro reported that, in 1993, the
West was afforded “an unprecedented
— and at times disturbing — inside look
at how important elements in China’s
armed forces view neighboring countries
as well as the United States.” This
insight was obtained when a Western
diplomat serendipitously obtained a copy
of a book entitled Can China’s Armed
Forces Win the Next War?
that had
been published by the People’s Liberation
Army (PLA) for internal consumption only.

According to Munro, this book provided
“virtual confirmation of
reports…that the Chinese leadership in
general and the senior Chinese officer
corps in particular view the United
States as China’s principal adversary now
and for decades to come.”

This view has become even more entrenched
during the intervening years. As Munro
and co-author Richard Bernstein put it in
their own, critically acclaimed book
published earlier this year, The
Coming Conflict with China
:

“China’s harsh rhetoric and
incidents like [a dangerous
U.S.-Chinese naval encounter in
October 1994] in the Yellow Sea
are not so much temporary
responses to a temporary
situation but products of
a fundamental change in the
Chinese attitude toward the
United States
. The use
of the words ‘hegemonism,’
‘subversion’ and ‘interference’
with regard to the United States
signals a change in China’s
strategic thinking. Before,
Beijing saw American power as a
strategic advantage for the PRC; now,
it has decided that American
power represents a threat, not
just to China’s security but to
China’s plans to grow stronger
and to play a paramount role in
the affairs of Asia.

“China, in short, has
determined that the United States
— despite the trade, the
diplomatic contacts, the
technology transfers, the
numerous McDonald’s and Kentucky
Fried Chickens open in the
People’s Republic, despite even
the limited amount of cooperation
that still existed between the
two countries — is its chief
global rival.” (Emphasis
added.)

The enormous impetus behind China’s
determined effort to acquire a modern
military capable of decisively
projecting power
derives from this
zero-sum view of the U.S.-PRC
relationship.(1)
The Chinese leadership believes, after
all, that it must be able not only to
dominate the nations of East Asia and the
South China Sea. It sees China as having
to exercise control over the Pacific out
to what the Chinese call “the second
island chain” (i.e., the
Philippines, Japan and even the U.S.
territory of Guam).(2)
The larger purpose appears to be even
more ambitious: to render the
United States incapable of exercising
influence in Asia that would compete
with, let alone counter, Chinese hegemony
in the region
.

Implementing
the Strategy

The Chinese are pursuing a
multifaceted campaign to accomplish these
strategic objectives. The following are
among the means the PRC is pursuing
toward such ominous ends:

  • Strategic Force
    Modernization:
    The Washington
    Times
    recently reported that
    China is expected to begin
    deploying by the year 2000 an
    advanced intercontinental-range
    ballistic missile, designated the
    Dong Feng-31 (DF-31). This
    missile will give Beijing the
    ability to deliver nuclear
    warheads with great accuracy
    throughout the Pacific and parts
    of the western United States.
  • The DF-31 reportedly is
    benefitting from SS-18, SS-25 and
    Topol-M ICBM technology China is
    obtaining from Russia and/or
    Ukraine. Its lethality — and
    that of other Chinese strategic
    forces — will be greatly
    enhanced by supercomputers the
    United States has provided to
    Beijing’s military-industrial
    complex.(3)
    And the DF-31 is expected to be
    fielded on a mobile
    transporter-erector-launcher
    derived from Russian technology
    supplied by Belarus. The
    survivability afforded by this
    MAZ launcher, together with
    advances in Chinese ballistic
    missile-launching submarines
    capable of firing the DF-31,
    suggests that Beijing is intent
    on acquiring a formidable
    strategic nuclear capability that
    cannot be preemptively destroyed
    and that will be capable of
    holding American cities and other
    targets credibly at risk.

    A foretaste of the use to which
    China may be willing to put such
    a capability can be seen in a
    report published on the
    front-page of the New York
    Times
    on 24 January 1996. It
    described how a senior Chinese
    official had signaled Beijing’s
    willingness to engage in “nuclear
    blackmail”
    against
    the United States by suggesting
    that American interference in
    China’s coercion of Taiwan could
    result in an attack on Los
    Angeles. In the absence of any
    deployed U.S. ability to
    intercept a Chinese ballistic
    missile launched at Los Angeles
    — or any other target in the
    United States — such threats may
    well have the desired effect.

  • Build-up of Other Aspects
    of China’s Military:
    Beijing
    is also pouring billions of
    dollars into what might be called
    a “Great Leap Forward”
    for other elements of the
    People’s Liberation Army, notably
    its power-projection capabilities
    (long-range aircraft, blue-water
    naval units, precision-guided
    munitions and unconventional
    weapons). Such capabilities pose,
    most immediately, a danger that
    China will be able to control
    transit of the South China Sea
    and access to its energy and
    other strategic resources.(4)
  • China’s drive to modernize the
    non-nuclear elements of its
    military is also benefitting
    hugely from imported technology.
    Thanks to advanced machine tools,
    computer-aided design
    capabilities, composite
    materials, chip-manufacturing
    technology and the other foreign
    dual-use technology like —
    whether acquired legally or
    illegally — together with its
    purchase of full-up military
    hardware or components,(5)
    Beijing is now obtaining new
    generations of highly competitive
    jet fighters, cruise missiles,
    attack submarines and armored
    vehicles. The threat posed by
    such weaponry will not arise from
    China alone; given past Chinese
    practices, such equipment will
    shortly be available for purchase
    by rogue states from Iran to
    North Korea.

  • Espionage: The
    illegal acquisition of U.S.
    technology — especially that of
    the dual-use variety — is a
    priority assignment for the
    hundreds of People’s Liberation
    Army-owned or-affiliated front
    companies operating in the United
    States.(6)
    Together with large numbers of
    intelligence operatives, 40,000
    graduate and undergraduate
    students and Overseas Chinese
    entrepreneurs doing business in
    this country or with its
    companies,(7)
    America faces a literally
    unprecedented risk of penetration
    and espionage and, consequently,
    an immense counter-intelligence
    challenge.
    In his new
    book about economic espionage, War
    by Other Means
    , John Fialka
    declares that China’s prime
    intelligence agency, the Ministry
    of State Security, has
    “flooded the United States
    with spies, sending in far more
    than the Russians even at the
    height of the KGB’s phenomenal
    campaign.”
  • Not least is the danger that
    China’s penetration of the
    computer and telecommunications
    industries will translate into a
    sophisticated, if not unique,
    Chinese capability to wage information
    warfare
    (IW) against the
    United States. This capability is
    especially sinister since the
    vulnerability of America’s
    computer infrastructure to IW
    attacks offers Beijing a means to
    inflict grave harm on the U.S.
    economic and national security in
    a way that may enable the
    attacker to avoid detection,
    responsibility and retaliation.

  • Arming U.S. Gangs and
    Drug Lords:
    China has
    been caught shipping AK-47s and
    other lethal firepower to
    criminal elements in this country
    with the potential to sow mayhem
    in American society.
    PLA-affiliated companies have
    offered to sell undercover U.S.
    law enforcement officers posing
    as drug lords not only automatic
    weapons
    — whose lethal
    effects were evident when the
    streets of Los Angeles were
    turned into a war zone by bank
    robbers wielding AK-47s
    manufactured by the Chinese firm
    Norinco(8)
    — but rocket-propelled
    grenade launchers, light armored
    vehicles and shoulder-fired
    surface-to-air missiles
    .
  • China is also believed to be
    active in supplying narcotics
    from Southeast Asia to the U.S.
    market. Its merchant marine —
    the Chinese Ocean Shipping
    Company (COSCO) — has been
    implicated in smuggling drugs as
    well as guns and other contraband
    into the United States. President
    Clinton has nonetheless
    personally intervened no fewer
    than three times on COSCO’s
    behalf in connection with the
    effort this arm of the PLA has
    been making to take over the U.S.
    Navy’s vast Long Beach Naval
    Base. This is all the more
    extraordinary since, according to
    a senior Soviet military
    intelligence officer who defected
    to the United States, China
    is likely collaborating with
    Russia in utilizing COSCO assets
    and facilities for signals
    intelligence and other espionage
    activities
    , pursuant to
    the two nations’ bilateral
    intelligence cooperation
    agreement of 1992.

  • Financial Penetration:
    Since 1988, China has issued some
    eighty bonds on the U.S. and
    Western securities markets. While
    the bulk of these have been
    yen-denominated bonds, the
    total amount of
    dollar-denominated Chinese bonds
    (primarily issued in the U.S.
    market) has now reached at least
    $6.7 billion
    .
  • This preferred borrowing venue
    provides major Chinese
    state-owned enterprises and banks
    intimately connected with the PLA
    and Beijing’s security services
    with access to large sums of
    undisciplined, unconditioned and
    inexpensive cash. This money can
    be easily diverted to finance
    activities inimical to U.S.
    security interests — not to
    mention American principles and
    values. Worse yet, in the
    process, Beijing is
    successfully recruiting numerous
    politically influential
    constituencies in this country
    that will have a financial
    vested interest
    in ensuring
    that China is not subject to
    future U.S. economic sanctions,
    containment strategies or other
    forms of isolation and/or
    penalties
    .

    A sense of the implications of
    such financial operations can be
    gleaned from the case of one of
    the conglomerate’s run by Wang
    Jun
    , the arms dealing
    Chinese “princling” who
    was invited to attend a
    Democratic fund-raising coffee
    klatch at the Clinton White House
    last year. The Chinese
    International Trade and
    Investment Corporation (CITIC)

    has, thus far, floated $800
    million in dollar-denominated
    bonds — financial instruments
    that are now in the portfolios of
    U.S. pension funds, securities
    firms, insurance companies and
    other prominent players in the
    American investor community.

    While the full dimensions of
    China’s efforts to utilize the
    political access afforded by its
    financial and other business
    operations in the United States
    are, at this writing, far from
    clear — and currently the
    subject of intensive
    congressional and Justice
    Department investigations, one
    thing is certain: Beijing
    has had a keen interest in
    shaping U.S. policy in various
    ways
    , notably by:
    gaining access to supercomputer
    and other militarily relevant
    technology; preventing the
    exploitation of American deposits
    of “clean” coal;
    facilitating the sale of
    securities in the American market
    — to say nothing of discouraging
    close U.S. ties with Taiwan, etc.
    It adds insult to injury that
    Chinese efforts to suborn or
    otherwise influence this
    country’s elected leaders might
    have been underwritten, at least
    in part, by the proceeds of
    undisciplined bond sales to
    American companies and citizens.

  • Proliferation:
    Beijing has, for years, been
    aggressively and irresponsibly
    facilitating the spread of
    weapons of mass destruction (WMD)
    and other deadly ordinance to
    rogue states capable of using
    them against U.S. personnel,
    interests and/or allies. Worse
    yet, it seems safe to assume that
    open source data concerning
    China’s proliferation activities
    are but the tip of the iceberg.
    If so, the picture that
    emerges is one of a nation
    systematically seeding the Middle
    East, Persian Gulf and South Asia
    with chemical, biological and
    nuclear weapons technology —
    together with ballistic and
    cruise missiles with which such
    arms can be delivered over
    increasingly long ranges
    .
  • This danger is only increased by
    the prospect that the Peoples
    Republic of China regards these
    transactions as more than simply
    a valuable means of generating
    hard currency, securing energy
    supplies and garnering influence
    around the world. If
    Beijing is also using
    proliferation as an integral part
    of a campaign to diminish U.S.
    presence and influence in the
    Western Pacific, the possibility
    that its clients might use
    Chinese-supplied arms to
    precipitate conflict in regions
    far removed from Asia could seen
    as desirable by the
    Chinese leadership
    .
    After all, it would almost
    certainly preoccupy the United
    States — substantially tying
    down and drawing down its
    military, political and strategic
    resources.

A Prescription for U.S. Policy
Toward China

The United
States can no longer indulge in the
delusion served up by some of Beijing’s
paid advocates — namely, that it is up
to America whether China will become an
enemy. In fact, their writings for
internal consumption, their policies and
programs make it clear that the Chinese
leadership decided to view the U.S. in
that way years ago.

The available evidence suggests that
it is foolish to discount the
implications of China’s strategy for U.S.
security out of some confidence that
Western capitalism’s
“engagement” with Beijing will
ensure that the PRC is transformed, over
time, into a benign international power.
Americans’ ironic embrace of this
variation on the Marxist concept of
economic determinism not only disregards
the practical effects of such
“engagement” to date; it also
overlooks the dangers that are likely to
arise in the interim.

Accordingly, while the United States
would prefer to avoid confronting China, it
has no responsible choice under present
and foreseeable circumstances but to stop
engaging in activities that are having
the effect of making it yet more
difficult and more dangerous to challenge
the PRC.
The William J. Casey
Institute of the Center for Security
Policy believes that the place to start
is by non-renewal of MFN for China.

This action should be complemented,
however, by a number of other, critically
important initiatives. These include:

  • Denying PLA-front
    companies and other inappropriate
    Chinese borrowing entities the
    opportunity to sell bonds

    in the U.S. market. This step can
    be taken in a non-disruptive
    fashion (e.g., by creating a
    security-minded screening
    mechanism for these prospective
    bond issuers) without fear of
    jeopardizing U.S. exports, jobs
    or “people-to-people”
    contacts unaffected by such
    transactions.
  • Blocking Chinese access
    to strategic facilities

    (in the U.S. and elsewhere,
    notably at the eastern and
    western ends of the Panama
    Canal).
  • Prohibiting the sale of
    American military production
    facilities and equipment to China
    .
  • Terminating the
    “anything goes” policy
    with respect to the export of
    dual-use technology
    to
    Chinese end-users. In the
    interest of obtaining maximum
    pressure for change in China,
    U.S. allies should be offered the
    same choice they are currently
    given under the D’Amato
    legislation on Iran and Libya
    (i.e., foreign companies and
    nationals must decide whether to
    export militarily-sensitive
    equipment and technology to China
    or risk losing their unfettered
    access to the American
    marketplace).
  • Increasing significantly
    the resources dedicated to
    uncovering and thwarting Chinese
    espionage, technology theft and
    influence operations
    in
    the United States
    . And
  • Intensifying efforts to
    provide truthful information and
    encouragement to those resisting
    communist repression

    (including greatly expanding the
    operations of Radio Free Asia;
    enforcing the existing bans on
    the importation of slave
    labor-produced goods; imposing
    penalties for religious
    intolerance, etc.) After all, how
    a nation treats its own people is
    a good indicator of how it is
    likely to deal with those of
    other states.
  • This step can help make clear
    that the United States is not
    an enemy of the Chinese people,

    but that it steadfastly opposes
    the totalitarian government that
    brutally rules them. It can also
    help undercut the nationalist
    xenophobia that the Chinese
    leadership promotes in its bid to
    retain power.

The Bottom Line

The Casey Institute is under no illusion that
the tremendous course-correction entailed
in such steps will be easily taken by
either
the U.S. executive or
legislative branches. Still, the
nature of the threat posed by China is in
key respects of a greater magnitude and
vastly greater complexity than that
mounted by the Soviet Union at the height
of the Cold War. It behooves the United
States correctly to perceive this danger
and respond appropriately before it
becomes any harder to do so.

– 30 –

1. According to a
front-page article in the 19-25 May 1997
issue of Defense News, the
Pentagon has just released a study
entitled “Chinese Views of Future
Warfare,” that draws on Chinese
writings to document “Beijing’s
doctrinal shift from a low-technology,
personnel-intensive people’s war to
high-technology regional warfare based on
information deterrence and possible
first-strikes.”

2. China evidently
concluded after Operation Desert Storm
that its traditional strategy of
defending its homeland by retreating into
the hinterlands and waging “people’s
war” could not assure victory
against a modern military force like that
of the United States. Consequently, the
PRC had to adopt a forward defense —
geared toward denying the U.S. the
in-theater bases, logistical facilities
and staging points that were decisive to
the Gulf War’s outcome.

3. According to
the New York Times of 28 May
1997, the United States has sold
46 supercomputers to China over the last
18 months, “giving the Chinese
possibly more supercomputing capacity
than the entire Department of
Defense.”
Matters are made
worse by former Secretary of Defense
William Perry’s decision to redefine what
a “supercomputer” is: Where in
1992, the standard was arbitrarily
increased from 195 MTOPS (million
theoretical operations per second) to
10,000 MTOPS. As a result, many extremely
powerful machines that fall below the new
definition of supercomputer have also
been made available for export to China.

4. For a
frightening illustration of the
implications of such a development, see Dragonstrike:
The Millennial War
by the respected
British journalists, Humphrey Hawkins and
Simon Holberston .

5. Two articles
documenting China’s acquisition of
militarily relevant technology from the
United States and other Western nations
are: a front-page Wall Street Journal
article by Robert S. Greenberger which
appeared on 21 October 1996 and was
entitled “Let’s Make a Deal —
Chinese Find Bargains in Defense
Equipment as Firms Unload Assets”;
and “Unilateral Armament — Until
China’s Position in the World is Better
Defined, Western Countries Should Stop
Selling Arms to Beijing,” by Richard
Fisher, Jr. which appeared in the 2 June
1997 edition of National Review.

6. Insight
Magazine
‘s Tim Maier cites Wall
Street Journal
reporter John Fialka
as estimating that “about 450
Chinese companies are under federal
investigation for economic espionage in
the United States.See
“PLA Espionage Means Business,”
24 March 1997, pp. 8-14.

7. According to
Randolph Quon, an investment banker who
formerly worked closely with the Chinese
leadership, 150 prominent overseas
Chinese families — including the Riadys
of Indonesia — represent enormously
important economic and strategic assets
to the PRC’s leadership. Their huge net
worth (measured by some observers to be
in the trillions of dollars), their
influence in their respective countries
and their ability to serve as indigenous
surrogates, if not as “Fifth
Columns,” for Beijing enormously
complicates the task of responding to
China’s predations.

8. According to
the London Sunday Times of 6
April 1997, “Norinco [is] a huge
state-run arms manufacturing
conglomerate, which answers to the State
Council, China’s cabinet. Norinco has
been implicated in the supply to Iran of
strategic materials that could help the
Islamic regime develop weapons of mass
destruction. Its ultimate boss is Li
Peng, China’s prime minister.”

Hatch’s ‘Submarine’ Patent Deform Bill Threatens To Sink The Engine Of U.S. Competitiveness, National Security

(Washington, D.C.): Tomorrow, the
Senate Judiciary Committee is expected to
act hastily on legislation eagerly sought
by its chairman, Senator Orrin Hatch
(R-UT). The sponsor’s strategy for moving
S. 507 — which has the benign-sounding
title of “The Patent Improvement
Act” — has seemingly drawn on the
classic stealth tactics of a submarine
captain: Run silent, run deep.

The effect of having this
legislation surface for committee mark-up
with negligible advance notice and with
minimal opportunity for deliberation and
debate is to maximize the chances of
Senate approval of a legislative
initiative that probably would not
otherwise pass muster.
That
would be a serious mistake — for
American economic competitiveness and for
U.S. national security.

What is at Stake

Indeed, this benign-sounding bill
could have very adverse implications for
innovative Americans whose
constitutionally-mandated patent rights
may be seriously infringed by such an
effort to “streamline” the
patent process. Particularly distressing
is the fact that S. 507 would require the
publication of patent applications 18
months after filing — irrespective
of whether a patent has been issued or
not.

This would have the effect of denying
U.S. inventors protection against large
multinationals or foreign-owned
enterprises with a demonstrated interest
in stealing America’s technological
seed-corn. In War by Other Means,
a recently published study of economic
espionage and other unfair techniques
foreign governments and companies are
using to undermine U.S. competitiveness,
President Clinton’s chief economist,
Laura D’Andrea Tyson, is quoted as
estimating that the U.S. lost
$105 billion in potential sales from
1985-1989 due to patent theft by the
Japanese
.

Threat to National Security

Of particular concern is the prospect
that such expedited publication of patent
applications — entailing the disclosure
of sufficiently detailed information to
produce working models — will not only
make wholesale patent infringement
likely. It would also increase
the chances that technology with
considerable potential in the national
security field may be released before
that potential is properly evaluated and
protected by patent secrecy orders
.

For these reasons, the Casey Institute
of the Center for Security Policy joined
a number of leading figures in the
national security field in opposing the
House counterpart of the Hatch patent
“reform” bill, H.R. 400 when it
was considered two weeks ago. This group
included: House National Security
Committee Chairman Floyd Spence
(R-SC) and the chairman of that
Committee’s Military Procurement
Subcommittee, Rep. Duncan Hunter
(R-CA), as well as Rep. Dana
Rohrabacher
(R-CA) who serves on
the House Science and International
Relations Committees, Phyllis
Schlafly
, president of Eagle
Forum and Steven Shore,
president of the Alliance for American
Innovation. Their efforts succeeded in
stripping several of H.R. 407’s most
controversial provisions when it was
considered on the House floor.

Specifically, an amendment offered by Rep.
Marcy Kaptur
(D-OH) exempted
individual investors, small businesses
and universities from the requirement to
publish patent applications within
18-months of filing. It also deleted a
provision that would have greatly
expanded the opportunities for
“reexamination” of existing
patents — an invitation to foreign and
multinational corporations endlessly to
challenge patents that have already been
awarded. The latter feature, which
remains in S. 507, would mean that small
businesses and individual investors, who
produce an enormous number of the
Nation’s technological breakthroughs,
could be blackmailed by the threat of
such assaults on their patents, and the
associated legal costs, unless the
patents are shared.

S. 507 Cannot Be Fixed

Unfortunately, if Sen. Hatch’s
strategy succeeds, S. 507 will retain
both the troubling provisions struck by
the Kaptur amendment and those that
remain in H.R. 400.
A
particularly insidious example of the
latter is language granting “prior
user rights.” This would have the
effect of breaching the
“first-to-invent” philosophy
that has been the cornerstone of U.S.
patent law since George Washington signed
the first Patent Act in 1790. Instead, it
would push the United States toward a
“first-to-file” arrangement —
which amounts to a
“first-to-steal” formula —
that has characterized other nation’s
patent systems and contributed to the
relative paucity of important
technological breakthroughs produced
elsewhere. This change could force a
compulsory license on the patentee — and
likely violate the “exclusive”
ownership rights guaranteed in the
Constitution and essential to U.S.
innovation.

The big corporations, foreign
governments and enterprises that are
providing the muscle behind the effort to
eviscerate America’s brilliantly
successful patent system claim that
reform is necessary to stop an abuse
known as “submarine
patents.”
These are patents
filed but left inactive until they are
surfaced to challenge subsequent
inventions whose applications touch in
any way on the original application.
While such patents — a term believed to
have been coined by the Japanese Patent
office — have been exploited from time
to time since 1965 when they were first
identified in the Patent Examiners’
Handbook, there are available remedies
well short of legislation that would
effectively undermine the entire U.S.
patent system. Indeed, submarine
patents can be prevented today, if only
the Commissioner of Patents utilizes his existing
authority and allows his examiners fully
to exercise U.S. law.

Another objectionable feature of the
House-passed bill and S. 507 is one of Al
Gore’s “reinventing government”
initiatives: corporatizing the
Patent Office
. Ironically, the
current Patent Office may approximate the
ideal for government
bureaucracies — its costs are completely
covered by patent application and other
fees charged to inventors. In fact, this
organization actually netted a surplus
recently, returning $93 million to the
Treasury. Patent Commissioner Bruce
Lehman has big plans for his new,
“reformed” and
“corporatized” Patent Office:
He envisions spending up to $2 billion
(which would either come from
substantially increased fees, in effect a
burdensome new tax on invention) to
purchase new office space, furniture and
computers.

This legislation would also phase out
much of the civil service protection
currently afforded to patent examiners,
exposing them to politicization. The bill
would also allow contracting out of the
examination function which means that
foreign entities could be in a position
to determine U.S. property rights.
Incredibly, it would create an
appointed Board of Advisors, some of whom
could be employed by companies — foreign
or domestic — with a vested interest in
Patent Office business. S. 507 even
allows the Patent Office to receive
monetary or real property contributions.

Coming on the heels of a
Clinton Administration effort in the
spring of 1996 — the same period John
Huang, Charlie Trie and others were
brokering large and illegal Chinese
contributions to the Clinton reelection
campaign — to give the Chinese
government the entire U.S. patent data
base (including the technical support
necessary to exploit this wealth of
information) such changes clearly seem
ill-advised, if not recklessly so.(1)

The opportunities for political
interference, corruption and malfeasance
at the expense of the national interest
seem endless.

The Bottom Line

The United States can ill-afford to
tube a patent system that has produced
technology which is the envy of the
world, particularly since it is clear
that such envy will prompt competitors to
use any deforming of the
protections currently in place to rip-off
the seed-corn of America’s economic and
military strength. Sen. Hatch’s
submarine legislation should be sunk
before it sinks the United States’ vital
technological edge.

– 30 –

1. See “U.S.
Patent Chief Negotiating to Give Chinese
U.S. Patent Data Base,” FDA Week,
Vol. 2, No. 14, 5 April 1996.

Insecure Patents Could Translate Into National Insecurity

(Washington, D.C.): The U.S. House of
Representatives is expected to vote
tomorrow on H.R. 400, the so-called
“Patent Improvement Act.” This
benign-sounding legislation could have
very adverse implications for innovative
Americans whose constitutionally-mandated
patent rights may be seriously infringed
by the bill’s efforts to
“streamline” the patent
process. It may also translate into a
serious erosion in the nexus between
national security and economic and
technological interests — a nexus likely
to dominate the 21st Century
that is the unique focus of the William
J. Casey Institute of the Center for
Security Policy.

The Center shares the concerns of
those like: House National Security
Committee Chairman Floyd Spence;
the Chairman of the Joint Economic
Committee, Rep. Jim Saxton;
the Chairman of the National Security
Committee’s Military Procurement
Subcommittee, Rep. Duncan Hunter;
Rep. Dana Rohrabacher, a
senior member of the International
Relations and Science Committees; Phyllis
Schlafly
‘s Eagle Forum; and the
Alliance for American Innovation. These
distinguished Americans agree that H.R.
400 will undermine a proven U.S. patent
system — probably to the distinct
benefit of foreign competitors and to the
detriment of American inventors.

Particularly distressing is the fact
that H.R. 400 would require the
publication of patent applications 18
months after filing — irrespective
of whether a patent has been issued or
not. By so doing, U.S. inventors would be
denied protection against large
multinationals or foreign-owned
enterprises with a demonstrated interest
in stealing America’s technological
seed-corn.

Since technological breakthroughs
intended for civilian applications often
contribute to significant advances in the
military field, as well, reckless
tampering with the system that protects
such breakthroughs should be avoided at
all costs. In particular, every
consideration should be given to the
concerns expressed by some of the
Nation’s leading legislators in the
defense and foreign policy fields.

What is more, to the extent that this
initiative is a manifestation of what the
Clinton Administration’s Ambassador to
Spain, Richard Gardner, has called the
“house of world order” — which
he recommended in 1974 be built
piece-by-piece and by stealth via
seductive- sounding treaties or other
international agreements, H.R. 400 should
be forcefully resisted. A similar danger
looms in the Senate in the form of the
Chemical Weapons Convention. Both
measures are likely to harm, not
advance U.S. security and other interests
and should be rejected.

Dangerous Upshot of Clinton-Gore’s China ‘Bonding’: Strategic Penetration of U.S. Investment Portfolios

(Washington, D.C.): Press reports have
begun to focus on a Chinese entrepreneur,
Wang Jun, as one of the most intriguing
— and probably one of the most important
— figures in Communist China’s influence
operation in the United States. For
example, a detailed front-page article in
the Washington Post on 16 March
describes Wang as “head of China’s
most politically connected financial and
industrial conglomerate, as well as a
Chinese military-owned arms trading
company [Poly Technologies] under
investigation for illegally smuggling
assault rifles into the United
States.”

Wang is the object of both
journalistic attention and an FBI
investigation at least in part because of
his participation on 6 February 1996 in
one of the Clinton-Gore campaign’s
notorious fund-raising coffee-clatches at
the White House. Less attention has thus
far been paid to the self-declared reason
for Wang’s desire to gain access to the
highest circles of the U.S. government:
his flagship company, China International
Trust and Investment Corporation (CITIC)
was interested in issuing new “debt
offerings.” Like Johnny Chung,
Charlie Trie and others with access to
Asian “walking around money,”(1)
Wang evidently believed that sipping
coffee with the President could only be
good for business.

‘Follow the Money’

This motivation for Wang Jun’s effort
to have “out-reach” to the
Clinton-Gore team highlights what the
Casey Institute of the Center for
Security Policy believes is a potentially
serious new penetration of the U.S.
securities markets by China’s Military
Commission (the governing mechanism
overseeing the Chinese People’s
Liberation Army): the issuing by
CITIC since March 1993 of hundreds of
millions of dollars worth of
dollar-denominated bonds in the American
market.

The fact that the national
security implications of such
transactions have apparently received no
more attention than was evidently given
to the idea of leasing a preeminent U.S.
Navy base to the Chinese merchant marine(2)
only intensifies concerns about the
Clinton Administration’s management of
the China portfolio.
After all,
it would appear that, through this
device, Beijing’s General Staff
Department — which reportedly controls
CITIC and which is, in turn, controlled
by the Military Commission(3)
— has been given a mechanism for
recruiting American mutual funds, pension
funds, insurance companies and other
market players to help underwrite
activities in some cases inimical to U.S.
interests
.

What is more, the interconnection
between Poly Technologies and CITIC —
evidenced by Wang Jun’s chairmanship of
both entities, by CITIC’s former 50%
ownership share of Poly Technologies and
by the apparent, continued linkage of the
two entities through a corporate
intermediary, Continental Mariner
Investment Corporation — raises an
ominous prospect: A large number
of American investors may have
unwittingly actually helped fund,
directly or indirectly, Poly Technology’s
alleged scheme to smuggle automatic
rifles and other weaponry into the hands
of criminal elements in this country.

(Just how deadly the sorts of weapons can
be in such hands was brought home a few
weeks ago when bank-robbers wielding
AK-47’s manufactured by Poly’s
partner-in-crime, Norinco, used them
against Los Angeles police officers
having nowhere near the firepower.)

‘The Chinese Clean-Up’

Beijing broke the code over a decade
ago concerning the contribution bond
offerings by state-owned or operated
companies like CITIC could make to
expanding China’s sources of
international borrowing. As noted in a
paper entitled “Financial Sanctions:
How Might They Be Used Against
Proliferators” presented by Casey
Institute Chair Roger W. Robinson, Jr. in
a 26 February 1997 meeting attended by
U.S. government officials and sponsored
by the Nonproliferation Policy Education
Center, these benefits include the
following:

  • Access to large sums of
    relatively inexpensive,
    general-purpose cash that can be
    used for almost any purpose the
    borrower has in mind.
  • The recruiting of an entirely new
    group of lenders — including
    securities firms, pension funds,
    insurance companies, corporations
    and even individuals —
    diversifying away from sole
    reliance on Western governments
    and commercial banks as sources
    of funding.
  • Avoidance of conditionality,
    discipline and collateral in the
    process of attracting borrowed
    funds — offering a new avenue to
    circumvent the compliance
    milestones embodied in such
    mechanisms as International
    Monetary Fund stand-by
    arrangements.
  • The construction of
    politically-powerful new
    constituencies in Western nations
    with a vested financial interest
    in ensuring that the borrowing
    nation is not subject to future
    economic sanctions or other forms
    of international isolation and
    penalties.
  • The non-reschedulable character
    of bonds — thanks, in part, to
    the large secondary market for
    such instruments. This reality,
    which was much in evidence in the
    recent case of the Mexican tesobonos,
    tends to create an incentive on
    the part of Western governments
    to intervene in the event of a
    liquidity crisis that threaten to
    harm scores of prominent firms
    and possibly thousands of
    investors.
  • The interest rates offered can be
    considerably lower than those
    sovereign borrowers are
    accustomed to paying. A case in
    point is Russia’s
    dollar-denominated bond offering
    last November which attracted $1
    billion for five years at a rate
    that was just 3.45 percent higher
    than U.S. Treasury notes of
    comparable maturity — a rate
    competitive with that of
    Venezuela, Mexico, India and
    other better-known international
    borrowers.

The CITIC Play

CITIC is a prime example of China’s
application of this sophisticated
fund-raising technique. The Casey
Institute has learned that CITIC has
issued some 15 bonds in the securities
markets since the summer of 1988. Most of
those bond offerings were yen-denominated
(some 10 issues) and totaled roughly 183
billion yen. At least four CITIC
bond issues, however, were denominated in
U.S. dollars, raising a total of $800
million. Two of the U.S. dollar offerings
had American investment firms as lead
managers.

When one includes a 500 million Hong
Kong dollar bond-offering — worth
approximately $65 million U.S. (by CITIC
Hong Kong Finance in July 1993 lead
managed by JP Morgan Asia Ltd.), the
total U.S. dollar amount involving
American investment firms climbs to nearly
$1 billion
. Some of the highlights
of these transactions are as follows:

































Launch Issuer Name Amount Maturity Lead Manager
3/93 CITIC $150M 4/98 Nomura Singapore
7/93 CITIC $250M 8/03 Goldman Sachs & Co
10/94 CITIC $200M 10/06 JP Morgan & Co.
10/94 CITIC Pacific $200M 11/97 HSBC Markets and Paribas Capital Markets

What Congress Should Want
to Know About CITIC

The fact that such a highly
questionable corporate entity like CITIC,
led by a figure emblematic of China’s
role in the campaign finance scandal,
could entrench itself in the fabric of
the American business and investment
communities undercuts the proposition
that the U.S. securities industry can be
relied upon to safeguard national
security interests in the course of
certain foreign borrowing transactions.
To gain a fuller picture of CITIC’s true
corporate identity and its connections
with China’s military establishment — as
well as how the hundreds of millions of
dollars raised by CITIC through bond
offerings in the U.S. were likely used —
a number of questions should be taken up
by relevant Congressional committees.
They include:

  • Who are the subscribers to CITIC
    bond offerings in the U.S.?
  • What do the prospectuses filed
    with the Securities and Exchange
    Commission say about CITIC, its
    senior management, and the
    proposed use of bond proceeds?
  • What are the disclosure
    obligations associated with
    CITIC’s bond offerings and what
    constituted the precise market
    entry process?
  • Can the U.S. intelligence
    community confirm that CITIC is
    controlled from behind the scenes
    by the General Staff Department,
    the right arm of China’s Military
    Commission?
  • What is the precise relationship
    between Poly Technologies and
    CITIC today — and to what extent
    are the senior managements and
    directors of this family of
    companies the same people?
  • Does China Ocean Shipping Company
    (COSCO) have any formal
    affiliation with CITIC or do
    business with any companies Wang
    Jun heads?
  • Who are Wang Jun’s and CITIC’s
    principal political sponsors and
    funders in China and elsewhere?
  • What is the history of Wang Jun’s
    reported friendship with Charlie
    Trie and John Huang?

The Bottom Line

The Center for Security Policy has
long believed that there exists an
important nexus between national security
and the Western securities market.(4)
It now appears that the corporate
flagship of China’s military-industrial
complex — with the wrong leadership,
corporate history and agenda — has been
attracting large sums of totally
undisciplined cash from a wide spectrum
of American investors. Accordingly, the
Casey Institute believes that the
troubling national security aspects of
CITIC’s established presence in the U.S.
bond market should be explored forthwith,
at a minimum, by the Senate Governmental
Affairs and House Government Reform and
Oversight Committees.

It is to be earnestly hoped that the
consideration of this subject in
congressional hearings will lead to an
awareness of the larger danger: Western
securities markets may well represent the
most attractive, and certainly one of
the most important,
funding vehicles
available to potential adversaries of the
U.S. and their state-owned enterprises
for the balance of this decade and the
21st century.
This
“financial bridge” to the next
century — well traveled by CITIC and
other Chinese government and
government-operated bond-offerers on
the Clinton Administration’s watch —

should serve notice that security-minded
market-entry procedures are urgently
needed for the U.S. bond market. The
United States would be wise to pursue as
well the institution of similar
mechanisms and procedures in its allies’
securities markets.

– 30 –

1. Today’s Wall
Street Journal
reports on the
apparent source of at least some of
Charlie Trie’s slush fund: The
state-operated Bank of China. Charlie Yah
Lin Trie “a central figure in the
controversy over foreign contributions to
the Democratic Party, received a series
of substantial wire transfers in 1995 and
1996 from a bank operated by the Chinese
government.” The electronic money
transfers from the New York office of the
Bank of China were “usually in
increments of $50,000 or $100,000 [and]
came at a time when Mr. Trie was
directing large donations to the
Democratic National Committee.” The
Casey Institute has learned that between
October 1992 and March 1994, the Bank of
China issued some $850 million in
dollar-denominated bonds.

2. Incredibly,
despite a public outcry about the lease
of Long Beach naval base to the state-run
Chinese Ocean Shipping Company (COSCO),
the Clinton Administration has —
according to the Washington Post:

“quietly agreed to end the
requirement that Chinese ships
provide four-days notification
when entering one of a dozen
sensitive [U.S.] ports [i.e.,
those near sensitive military
installations]. In exchange,
China agreed to provide new
business opportunities it had
first promised American shippers
in 1993, but had not yet
delivered
. Officials say
implementation of that offer is
progressing slowly.

“The primary Chinese
beneficiary of the deal struck in
the spring and summer of 1996

is the state-run shipping
company, COSCO.”

3. See “PLA
Espionage Means Business” by Tim
Maier in the 24 March 1997 edition of Insight
Magazine
.

4. See the
following Casey Institute Perspectives:
Russian ‘Bondage’: Moscow’s
Financial Breakout Gets Underway With
Wildly Oversubscribed Eurobond Sale

(No. 96-C
119
, 26 November 1996); The
Debate Begins Over Russia’s Financial
‘Break-Out’; Where Will It
End For
U.S. Taxpayers, Interests?

(No. 96-C
110
, 4 November 1996); and If
You Like the Rigging of the Lebed
Dismissal, You’ll Love the Rigging of the
Global Credit and Securities Markets

(No. 96-C
100
, 17 October 1996).

Casey Institute Salutes Ed Meese; New York Symposium Warns Of Emerging Crises In Global Markets

(Washington, D.C.): On 13 March 1997,
the William J. Casey Institute of the
Center for Security Policy marked the
occasion of the eighty-fourth birthday of
the man for whom it is named by hosting a
major conference in New York City. The
subject was one near-and-dear to Bill
Casey’s heart: “The Growing Nexus
Between Geopolitics and the
Markets.”

Immediately preceding this symposium
— the second in a series of semi-annual
meetings(1)
to be convened on an alternating basis in
Washington and New York — an elegant
luncheon was held to salute Edwin
Meese III
. In the presence of
Mr. Casey’s widow, Sophia Casey,
and his daughter, Bernadette
Casey Smith
, and over one
hundred and twenty well-wishers drawn
from Wall Street, Washington and around
the Nation, Mr. Meese was awarded the
inaugural “Casey Medal of
Honor.” This tribute recognized his
tireless public service over the past
three decades, culminating with his
appointment by President Ronald Reagan as
the Seventy-fifth Attorney General of the
United States.

Among the corporate and industry
leaders representing many facets of
international business and finance,
former government officials, attorneys,
diplomats and members of the media in
attendance were: Robert Bartley,
the Pulitzer Prize winning
Editor-in-Chief of the Wall Street
Journal
; former Secretary of Defense
Donald Rumsfeld; the
Chairman of J.F. Lehman & Co. and
former Secretary of the Navy John
F. Lehman
; one of Secretary
Lehman’s successors as Navy Secretary, Sean
O’Keefe
; John O’Sullivan,
Editor of the National Review
and representatives from Solomon
Brothers, Smith Barney, Moody’s Investor
Services, Bankers Trust, Bear Stearns and
U.S. Trust.

Mr. Meese was introduced by Evan
Galbraith
— whose service as
U.S. Ambassador to France during the
Reagan Administration and accomplished
Wall Street career were very much in the
Bill Casey mold. The “Casey
Medal” was presented to Mr. Meese by
Mrs. Casey and her daughter. Closing
remarks were offered by Roger W.
Robinson, Jr.
, the current
holder of the Institute’s William J.
Casey Chair.

Immediately following the luncheon,
participants took part in a half-day
symposium, also held at the prestigious
Harvard Club. The lead discussants for
this lively and thought-provoking session
were: Mr. Bartley, who provided a
“Strategic Overview of Breaking
Geopolitical Flashpoints”; Secretary
Lehman, who outlined “The Likely
Evolution of the International Economic
Security Portfolio Under Current U.S.
Leadership”; and Mr. Robinson, who
elaborated on “Potential Policy
Initiatives Aimed at Mitigating the Risks
to U.S. Economic and Financial
Security.”

While no effort was made to reach a
group consensus, it was clear that the
majority of panelists and participants
appreciate the growing interaction of
international developments and global
currency, equities and credit markets —
a reality that obliges U.S. business and
government leaders to monitor such
political, national security and economic
developments around the world with ever
greater care.

The Casey Institute, and the Center
for Security Policy of which it is a
part, are dedicated to encouraging and
supporting that sort of real-time
strategic tracking. These institutions
were proud to host the luncheon honoring
a great American and the Casey symposium
addressing the nexus between geopolitics
and the markets.

Those interested in participating in
the next Casey symposium, tentatively
scheduled for June 1997 in Washington,
should write to or fax the Center — as
should those interested in receiving href=”index.jsp?section=papers&code=97-R_45at”> a summary of the
day’s proceedings, which will be made
available shortly.

– 30 –

1. For more on the
first such gathering, see Center
Inaugurates William J. Casey Institute
With Symposium On Emerging Crisis In The
Caspian Basin
( href=”index.jsp?section=papers&code=96-R_27″>No. 96-R 27,
14 March 1996) and New
Institute Launched With Tribute To Bill
Casey As Steve Forbes Provides Seminal
Security Policy Address
( href=”index.jsp?section=papers&code=96-R_28″>No. 96-R 28,
15 March 1996).

‘A Bridge Too Far’? Pending Defense Industry Merger Raises Serious National Security, Competitiveness Concerns

(Washington, D.C.): In 1993,
then-Secretary of Defense William Perry
made it clear that the Clinton
Administration believed that
consolidation in the defense industry was
not only positive, but necessary in light
of declining defense spending. Since that
time, over 20 major mergers and
acquisitions have occurred in the defense
industrial sector. By and large, these
market adjustments have brought together
companies with complementary — not
duplicative — products and skills. In
addition, some of the leading Fortune 500
companies sold off their defense
businesses, in most cases to firms
already supporting the Pentagon’s
research, development, procurement and
other needs.

As a result of these changes,
America’s defense industry today is
dominated by a handful of giants, leading
to questions of whether that industry
will continue to be characterized by
robust competition. In particular, there
are mounting concerns about whether this
dramatic contraction of the defense
sector will be able cost-effectively to
provide the qualitatively superior
equipment upon which the U.S. armed
forces rely to prevail in combat.

Enter Raytheon, Hughes and
T.I.

Such concerns have become even more
pronounced with the announcement that
three leading defense companies —
Raytheon, Hughes and Texas Instruments
(TI) — intend to merge in two separate
transactions to form a combined entity
under the banner of Raytheon. A recent
article(1)
by the Washington Post‘s John
Mintz observes that this proposed merger
appears contrary to antitrust statutes
and/or to the public interest in robust
competition in the defense industry.
According to Mintz, “the new
Raytheon would have a near-monopoly in
air-to-air missiles, night vision
equipment, sensors on spy satellites and
military radar components….”

The proposed Raytheon-Hughes-TI merger
is worrisome for, among others, the
following specific reasons:

  • Hughes, Raytheon and Texas
    Instruments now control — and
    compete against each other in —
    the manufacture of virtually
    all air-to-air missiles used by
    the U.S. military
    . Were
    the merger to be approved, it
    would be nearly impossible for
    another company to enter this
    arena and compete realistically
    with the new giant.
  • The Raytheon merger would also
    give rise to a monopoly in the
    production of counter-
    air fire control radars
    .
    Such an undesirable development
    would be the practical result of
    the concentration of the ability
    to manufacture the key
    ingredients in advanced fire
    control radars (e.g., actively
    scanned array radars) —
    Monolithic Microwave Integrated
    Circuits (MMICs) and
    Transmit/Receive (TR) Modules —
    in the hands of a single company.
    Currently, Texas Instruments and
    Raytheon are the primary
    suppliers of these advanced
    electronic components; their
    primary customers as producers of
    counter-air fire control radars
    are Northrop Grumman, Hughes and
    Raytheon.
  • It is important to note that,
    over the past decade, the
    government has spent hundreds of
    millions of tax dollars to ensure
    that Texas Instruments and
    Raytheon remained separate and
    competing suppliers of these
    advanced MMICs and T/R Modules.
    The rationale: to spur both
    cost-effectiveness and innovation
    in this area. Allowing these two
    suppliers to join forces, with
    the effect of driving competition
    out of both the production of
    these components and the
    production of a critical end-item
    like fire control radars, would
    squander the positive results of
    that enormous investment.
  • Hughes and Raytheon have
    historically been competitors in
    the production of the
    AMRAAM, the U.S. military’s most
    modern and deadly air-to-air
    missile
    . In fact, in the
    mid 1980s, after Hughes had won a
    competition to build this
    missile, the Pentagon spent,
    according to Mintz, “tens of
    millions of dollars” to
    ensure that Raytheon would also
    be able to produce the AMRAAM.
    According to Under Secretary of
    Defense for Acquisition Paul
    Kaminski, the competition that
    has existed between Hughes and
    Raytheon on this project has
    saved taxpayers hundreds of
    millions of dollars and has
    reduced the price of the AMRAAM
    by 70 percent. It stands to
    reason that the absence of such
    competition would foreclose the
    possibility of such savings in
    the future.
  • This new company will be able to capture
    and exploit for competitive
    advantage some of the most
    proprietary knowledge of its
    competitors
    . In military
    electronics, firms must share
    detailed information about the
    design of their systems with
    their suppliers in order to
    obtain correctly-configured
    components. It will not be
    possible to guarantee to a radar
    producer competing with what
    formerly was Hughes that
    information it provides to the
    Texas Instruments division of
    this new company will not be
    leaked to Raytheon’s Hughes
    division.
  • Some have suggested that
    so-called “Chinese
    walls” or
    “firewalls” could be
    put up between the divisions of
    the new company to ensure that no
    such transfers of information
    occur. Such arrangements can
    secure information that must be
    compartmentalized under certain
    circumstances — notably, for
    short periods of time and for a
    finite purpose. It is entirely
    unreasonable, however, to suggest
    that these “firewalls”
    can be expected to work in
    situations where information is
    shared over decades with
    engineers working for a single
    company.

The Bottom Line

The Justice Department last week extended the
review period on the proposed
Raytheon-Texas Instruments merger for
thirty days. The Department should take a
similar action with respect to the
Raytheon-Hughes merger when the first
review period expires next week. It is to
be sincerely hoped, moreover, that such
actions would be taken out of an
appreciation on the part of the Clinton
Administration that these transactions
have potentially serious antitrust and
national security implications. If so,
the Department will presumably decide
ultimately to enjoin the parties from
proceeding with the planned merger.

Against the possibility, however, that
the Administration will regard this
anti-competitive Raytheon-Hughes-TI
merger with the same equanimity that it
has viewed previous defense
consolidations (consolidations that
arguably strengthened the
Pentagon’s industrial base), it
behooves those in Congress who share the
Center’s concerns to subject this
proposal to close scrutiny over the next
few weeks.

While it is at it, Congress should
take a hard look at the tax treatment of
the Raytheon-Hughes transaction described
in a Washington Post business
column by Allan Sloan entitled “GM
[currently Hughes’ parent company] Finds
a Hole in the Tax Code Big Enough to
Drive Billions Through” that
accompanied the Mintz article referenced
above. As Mr. Sloan put it:

“What is clear is that the
stakes go far beyond the $3
billion [in a taxable
transaction] at risk here. If the
Loophole passes its road test,
any company could use it to
dispose of businesses tax-free.
All the seller would need is a
buyer like Raytheon willing to
jump through hoops to let the
acquired business claim to be the
acquirer.”

The taxpayer and the national interest
will be poorly served if further defense
sector consolidation results in the
elimination of needed productive capacity
and competition essential to providing
the highest quality bang for the least
bucks.

– 30 –

1. See “
Raytheon Deals Raise Antitrust Concerns:
U.S. Could Block or Alter Some Merger
Terms” which appeared in the Post‘s
29 January 1997 editions.

Truth or Consequences #5: The C.W.C. Will Not Be Good for Business — To Say Nothing of The National Interest

(Washington, D.C.): Proponents of the
Chemical Weapons Convention (CWC) now
awaiting consideration by the United
States Senate often declare that industry
supports this controversial treaty. That
claim requires careful consideration
since, on its face, this arms control
treaty will have myriad, and possibly
quite adverse, implications for many
American businesses. Such implications
arise from the reporting, regulatory and
inspection requirements generated by the
treaty’s verification regime.

Who Will Be Affected?

A common misconception is that only
chemical manufacturing
businesses will be covered by these
requirements. To be sure, such
pervasively regulated companies will
face additional reporting requirements
and be subjected to routine inspections
by foreign nationals. A trade association
representing some of these companies —
the Chemical Manufacturers Association
(CMA) — has judged the impacts of the
CWC on its member companies to be
acceptable, however. (Interestingly, some
CMA companies — for example, Dixie
Chemicals and Sterling Chemicals — have
expressed opposition to the treaty on the
grounds that the costs entailed in
further reporting requirements,
additional regulatory burdens and
intrusive on-site inspections will be
unacceptable.
)

In fact, thousands of
companies that do not produce but simply use
a wide variety of chemicals or chemical
compounds — notably, Discrete Organic
Chemicals (DOCs) href=”97-D27.html#N_1_”>(1)
— will also be burdened with new and
potentially onerous responsibilities
under the CWC.
While the CWC’s
proponents frequently claim that many of
these companies will be able to get away
with filling out a simple, short form,
there is reason to believe otherwise.

For a good many of the affected
companies, the CWC’s reporting
requirements will entail a
time-consuming, and assuredly
expensive
, process of producing
declarations, filing reports and
complying with new regulations. These
industries may also face challenge
as well as routine inspections. Challenge
inspections permit the use of sampling
procedures — for example the use of mass
spectrometers
— that go beyond
those to which companies facing only
routine inspections are exposed and that
have considerable potential for the loss
of Confidential Business Information ( href=”97-D27.html#CBI section”>see below).

Among the industries facing such
prospects are: automotive, food
processing, biotech, distillers and
brewers, electronics, soap and
detergents, cosmetics and fragrances,
paints, textiles, non-nuclear electric
utility operators and even ball-point pen
ink manufacturers.
The following
well-known U.S. companies — none of
which has anything to do with the
manufacture of chemical weapons — have
been identified by the Arms Control and
Disarmament Agency as subject to the
CWC’s terms: Sherwin-Williams,
Nutrasweet, Jim Beam, Archer Daniels
Midland, Lever Brothers, Kaiser Aluminum,
Goodyear Tire and Rubber, Xerox, Raytheon
and Conoco.

Last but hardly least, in addition to
the obligations befalling the foregoing
industries, the Chemical Weapons
Convention would allow any site
in the United States to be subjected to
intrusive challenge inspections.

While proponents downplay the danger that
such an arrangement might be abused by
foreign governments, there are no
guarantees that such abuses will not
occur.

Who Speaks for All
the Affected Industries?

While the Chemical Manufacturers
Association has been the most vocal
industry advocate of the Chemical Weapons
Convention, it represents only some 190
of the companies expected to be covered
by the treaty. It has aggressively
lobbied Senators and other trade
organizations on behalf of the treaty,
evidently persuaded not only that the CWC
will not hurt its businesses but will
actually benefit them. Notably,
CMA believes this accord’s Article XI
will clear the way for a substantial
increase in U.S. exports of chemical
manufacturing equipment and materials.

Since the bulk of this prospective
increase may involve markets not
currently open to American chemical
concerns — presumably, including pariah
states like Iran and Cuba — it is
unclear just how willing responsible
companies and/or the U.S. government will
be to engage in this sort of trade. href=”97-D27.html#N_2_”>(2)
Such exports are currently proscribed by
the supplier-control arrangement known as
the Australia Group. If, as seems likely,
the CWC has the effect of vitiating the
Australia Group mechanism, CW-relevant
exports may be permitted even to
dubious customers — but it will be hard
to contend that the effect on curbing
proliferation of chemical weapons will be
a positive one.

The truth of the matter is that no one
can say for sure how many companies will
be caught up in the CWC’s reporting,
regulatory and inspection regime.
It is safe to say, however, that there
will be thousands affected (according to
official U.S. government estimates as
many as 3,000-8,000.)
Even if
one counts facilities, as few as two-fifths
of those affected are owned by CMA member
companies. Indeed, as Dr. Will Carpenter,
formerly Vice President for Technology at
the Monsanto Agriculture Company and a
CMA representative, noted in an article
in Ratifying the Chemical Weapons
Convention
:

“The leaders of the chemical
industry, through the board of directors
of the CMA, have always emphasized
support of the convention. There
are, however, another 60 to 80 trade
associations whose members will also be
regulated by the National Authority
[set
up to implement the CWC]….An
overwhelming number of these companies
are not aware of the implications of the
Chemical Weapons Convention despite a
continuing effort by ACDA, the CMA, and
other organizations to get the word
out.”

How Will
American Businesses be Affected?

The impact of the Chemical Weapons
Convention on American companies will
occur through two avenues:

1) Impacts Due to New
Reporting and Regulatory Requirements:

The data required by the treaty’s
verification regime differs in both
quantitative and qualitative respects
from that already collected for other
regulatory purposes. For example, current
environmental regulations do not cover
all of the chemicals relevant to the CWC.

Moreover, of those that are
covered, the production thresholds
triggering current reporting requirements
are set much higher than would be the
case under the CWC. In addition, some
existing regulations require reports
concerning future actions (whereas the
treaty imposes obligations for
considerable retroactive
reporting). Some of these current
regulations apply to chemical producers,
but not to industrial processors or
consumers of chemicals. And deadlines for
reports required by the CWC will be
shorter, and necessitate more frequent
updating, than those presently demanded,
for instance, by the Environmental
Protection Agency. For all these reasons,
new reporting requirements will have to
be levied by the U.S. government in the
implementing legislation for the
Convention.

These new requirements may prove to be
viewed by large concerns as simply a
marginal additional cost of doing
business. Smaller companies,
however, may find these additional
requirements to be considerably more
burdensome. This is
particularly true since some companies
will be obliged to file detailed
declarations for the first time. Such
reports will also have to be updated on
an annual basis. The associated
costs for preparing these reports are
likely to run to the thousands — and
perhaps hundreds of thousands — of
dollars per company.

What is more, the new U.S. bureaucracy
dubbed the “National Authority”
to whom these reports will be sent, must
be notified of changes in declared
activities five days before they
occur. Complying with this
requirement is likely to prove
problematic for companies unable to
predict their activities; it certainly
will be burdensome.
A failure to
comply with this reporting regime could
result in civil and perhaps even criminal
penalties.

2) Impacts Arising
from On-Site Inspections:
Any
company that provides declarations to the
“National Authority” should
prepare to be inspected
. Once
the U.S. National Authority turns the
information thus supplied over to the new
international bureaucracy
created under this Convention — the
Organization for the Prohibition of
Chemical Weapons (OPCW) — the OPCW’s
Technical Secretariat will have the
authority to conduct on-site inspections
(both routine and challenge inspections)
to verify the data thus supplied.

Depending on the sorts of chemicals
declared and the nature of the
inspections, the amount of notice,
duration and degree of intrusiveness of
the inspection can vary. For example, advance
notice can be as little as twenty-four
hours; the duration can extend to 96
continuous hours; and the international
inspectors can in some instances demand
to examine any data, files, processes,
equipment, structures or vehicles deemed
pertinent to their search for illegal
chemical manufacturing activities
.

What Will Be At Risk?

It is a virtual certainty
that, in the course of at least some such
inspections, confidential business
information (CBI) will be put at risk.

In 1993, the Congressional Office of
Technology Assessment identified examples
of proprietary information that could be
compromised:

  • The
    formula of a new drug or
    specialty chemical
  • A synthetic route that requires
    the fewest steps or the cheapest
    raw materials
  • The form, source, composition and
    purity of raw materials or
    solvents
  • Subtle changes in pressure or
    temperature at key steps in a
    process
  • Expansion and marketing plans
  • Raw materials and suppliers
  • Manufacturing costs
  • Prices and sales figures
  • Names of technical personnel
    working on a particular project
  • Customer lists

According to the Office of Technology
Assessment (OTA), the means by which the
foregoing and other sensitive business
information could be acquired by foreign
inspectors (at least some of whom may be
agents of their governments’ intelligence
services and specialists in the conduct
of commercial espionage)
include
via the following:

  • manifests and container labels
    that disclose the nature/purity
    of the feedstock and the identity
    of the supplier
  • instrument panels [e.g.,
    networked computer monitors]
    revealing precise temperature and
    pressure settings for a
    production process
  • chemical analysis of residues
    taken from a valve or seal on the
    production line
  • visual inspection of piping
    configurations and
    instrumentation diagrams could
    allow an inspector to deduce flow
    and process parameters
  • audits of plant records

A loss of confidential
business information either through a
challenge inspection, or through sample
analysis, could be particularly troubling
for those in the chemical, pharmaceutical
and biotechnology industries.

Many companies have not sought patents
for such proprietary information lest
they be compromised by Freedom of
Information Act (FOIA) requests, to which
patents are subject. Even so, in August
1993, the OTA estimated that the U.S.
chemical industry loses approximately
$3-6 billion per year in counterfeited
chemicals and chemical products.

If proprietary formulas are
compromised by commercial espionage, the
cost can be very great. For example, it
takes an average of 10 years and an
investment of $25 million to perfect a
new pesticide. U.S. pharmaceutical
companies must invest an average of 12
years and on the order of $350 million in
research and development to bring a
breakthrough drug to market.

Clearly, while it is difficult to
assess the potential dollar losses that
may be associated with the compromise of
proprietary business data, information
gleaned from inspections and data
declarations literally could be worth
millions of dollars to foreign
competitors
. A small company
whose profitability (and economic
survival) derives from a narrow but
critical competitive advantage will be
particularly vulnerable to industrial
espionage. The OTA
notes that for a small company,
“even visual inspection alone might
reveal a unique process configuration
that could be of great value to a
competitor.”

The Risk is Real

Unfortunately, these are not
hypothetical or “worst case”
scenarios
. In preparation for the
CWC, the U.S. has conducted mock
inspections at seven government and
private sector industrial sites. The
results validate fears that even routine
access by the OPCW’s international
inspectors could result in the loss of
commercial and/or national security
secrets. This would certainly be true of
the access allowed under more intrusive
challenge inspection provisions.

These conclusions are evident, for
example, in a report submitted by the
U.S. government to the Conference on
Disarmament concerning the third of these
so-called National Trial Inspections. It
was conducted by U.S. experts at the
Monsanto Agricultural Company’s Luling,
Louisiana plant in August, 1991. The
report said, in part:

“The Monsanto
representative who was on the inspection
team to determine the extent of CBI he
could obtain, determined there would
be a loss of such information
.
He stated he was able to obtain enough
information about the glyphosate
intermediate process merely by equipment
inspection to save a potential competitor
considerable process development, time
and dollars. He said a
knowledgeable inspector could compromise
Monsanto’s proprietary business interests
with no access to their records beyond
the quantity of phosphorous trichloride
consumed
.” (Emphasis
added.)

Even Exterior Sampling Can
Put CBI At Risk:
Another
mock inspection revealed that soil
and water samples taken even from the exterior
of buildings at a chemical plant three
weeks after
a production run
revealed the product of the operation and
process details
. This is
especially worrisome in terms of the
implications for confidential business
information since the CWC’s
Verification Annex (Part II paragraph
(E)(55)) explicitly affords an
inspection team the right to take samples
on-site using highly invasive mass
spectrometers and, “if it deems
necessary,” to transfer samples for
analysis off-site at laboratories

designated by the OPCW. And, as Dr.
Kathleen Bailey of the Lawrence Livermore
National Laboratory told the Senate
Foreign Relations Committee on 21 March
1996:

“Experts in my laboratory
recently conducted experiments to
determine whether or not there would be a
remainder inside of the equipment that is
used for sample analysis on-site. They
found out that, indeed, there is residue
remaining. And if the equipment
were taken off-site, off of the Lawrence
Livermore Laboratory site, or off of the
site of a biotechnology firm, for
example, and further analysis were done
on those residues, you would be able to
get classified and/or proprietary
information.

Matters are made worse by the prospect
that the OPCW is likely to allow a number
of states parties’ laboratories to
conduct sample analysis. Among the
nations that have expressed an interest
in providing such laboratory services are
several with dubious records concerning
non-proliferation and/or a record of
using multilateral organizations — among
other devices — for intelligence
collection (including commercial
espionage).

Conclusion

The Chemical Weapons
Convention will entail real, if as yet
unquantifiable, costs for thousands of
U.S. industries having nothing to do with
the manufacture of chemical weapons.

Such costs might be justifiable if the
treaty were likely to be effective in
ridding the world of chemical weapons —
or even in appreciably reducing the
likelihood of chemical warfare.
Unfortunately, while the CWC’s
verification regime will be sufficiently
intrusive to jeopardize U.S. proprietary
interests, it is woefully inadequate to
detect and prove non-compliance by closed
societies determined to maintain covert
chemical weapons capabilities
notwithstanding their treaty obligations. href=”97-D27.html#N_3_”>(3)

As a result, the burdens that American
private industries will be asked to bear
— largely without their knowledge —
simply cannot be justified on national
security or any other grounds.

– 30 –

1. The CWC defines
DOCs only in the following, expansive
terms: “Any chemical belonging to
the class of chemical compounds
consisting of all compounds of carbon
except for its oxides, sulfides and metal
carbonates.”

2. In fact, ACDA
Director John Holum has indicated that
the United States’ obligations under the
CWC would not be allowed to compel it to
sell CW-relevant technology to
proliferating states. Even if that
position were actually adopted by the
U.S. government after treaty
ratification, Article XI would still
provide political cover for other nations
feeling no such compunction and deny
Washington grounds for objecting.

3. N.B.
The UN’s on-site inspection effort in
Iraq (UNSCOM) has been unable to
ascertain the true status of Saddam
Hussein’s weapons of mass destruction
programs despite five years of challenge
inspections under a regime providing for
far more intrusive, timely and
comprehensive than those authorized by
the CWC.

‘Coming Home to Roost’: Proliferating Crises In Southern Europe Eviscerate the Illusion of Post-Cold War ‘Stability’

(Washington, D.C.): It is becoming
ever more evident that the Balkans are
poised once again to ignite in spasms of
civil disorder and ethnic conflicts,
possibly setting off a broader
conflagration in Southern Europe and
exposing profound divisions in the
Atlantic alliance.

The Unraveling Dayton
Accords

In recent days, the Contact Group on
Bosnia pulled the plug on the scheduled
hand-off of the Brcko Corridor — the
narrow strip that connects the so-called
Republic of Srpska with Serbia proper —
to the Muslim-dominated Bosnian
government. This action was justified by
its advocates as a necessity, at least
temporarily, if the Bosnian Serbs are to
be prevented from resuming hostilities.
Unfortunately, this breach of
faith with the Bosnian Muslims is an
almost certain invitation to renewed
violence on their part.

Worse still, alliance discord over the
ultimate disposition of Brcko now places
U.S. forces in the cross-hairs as
arbitrators of the future of this
strategic corridor.

As it happens, Croat efforts to expel
Serbs from East Slavonia is driving some
of these refugees toward Brcko
— further exacerbating the situation at
the very moment that a announcement of
the problematic “resolution” of
this issue is imminent (15 February).

At the same time, the divided city of
Mostar is once again becoming a
flashpoint for Bosnian Muslim and
Croatian bloodletting. A series of
bombings in Mostar and, most recently, a
cold-blooded attack by armed Croats
against Muslim civilians participating in
a funeral ceremony there have lit the
fuse for a renewal of the highly
destructive fighting in this
once-beautiful city. These episodes have
also given lie to claims of a
Muslim-Croat federation upon which U.S.
policy has been largely predicated in
recent years.

The Croat attacks against
Muslims will probably resurface the
Iranian/mujahedeen involvement in Bosnia,
despite the Clinton Administration’s
systematic efforts to paper over this
natty strategic problem.
In
fact, Iranian and proxy forces continue
to exercise considerable influence in the
Bosnian government — a direct
by-product, in part at least, of the
Clinton Administration’s secret decision
to allow Tehran to arm its Bosnian
co-religionists — despite official U.S.
pronouncements that such Iranian
involvement has been terminated. This
ongoing penetration of Sarajevo’s
security and other institutions by such
elements all but assures that the
conflict that will accompany the imminent
breakdown of the Clinton Administration’s
vaunted Dayton Accords will be a
dangerous one for targeted American
personnel in Bosnia.


Collapsing Pyramids in
Albania May Shake Others’ Foundations

The Albanian government is still
reeling from the effects of an escalating
scandal associated with a failed pyramid
scheme that has deprived a majority of
Albanian families of a part or all of
their life savings. The Center for
Security Policy has learned that other
confidence rackets are about to
exacerbate the social turmoil in Albania.
Should this upheaval intensify further,
that country’s desperate poverty and
rampant inflation may fuel an explosion
that crosses national boundaries.

Of particular concern is the
ever-volatile situation in the near-by
ethnic Albanian enclave of Kosovo in
Serbia. Albanian President Berisha is
responding to his domestic woes by
becoming more reckless in his conduct of
foreign affairs — notably with respect
to the Albanian population of Serbia’s
Kosovo province, a well-honed technique
for diverting attention from difficulties
at home. The Milosevic government has
found it difficult to resist the
temptation to brutalize the people of
Kosovo; fears that turmoil in Albania
could incite unrest among Serbia’s
Albanian minority could provide a pretext
for a new and bloody crack-down in
Kosovo.

Meltdown in Macedonia?

Like Albania, Macedonia has recently
been racked by its own pyramid schemes
and the resulting public protests. With
an already fragile economy, the country’s
finances could worsen quickly — possibly
leading to mass demonstrations and
political instability involving, among
others, the large ethnic Albanian
population in Macedonia. Between
Pan-Islamic pressures from Albania and
Pan-Orthodox pressures from Bulgaria,
Serbia and Greece, Macedonia is between
the proverbial rock and a hard place.

This could be particularly problematic
for the United States since the U.S. has
contributed a reinforced battalion to the
UNPREDEP deployment in Macedonia. Since
Russia is currently attempting to block
an extension of this mandate (which
expires in May), the Clinton
Administration seems inclined to offer
security assurances to the Macedonians on
a unilateral basis
, if necessary,
notwithstanding the complete absence of a
plan for assuring stability there or for
extracting U.S. personnel.

Despoiled Bulgaria

Bulgaria’s economy, infrastructure and
resources have been subjected to a
systematic looting by its former
nomenklatura that is extreme even by the
standard of other kleptocracies of the
former Soviet empire. As with the
foregoing nations, these conditions make
Bulgaria ripe to join those in Europe’s
southern tier that are poised to
experience potentially violent
instability.

The Aegean Crisis

Finally, tensions between
Greece and Turkey are intensifying,
fanned by deliberately provocative
Russian arms sales to the Greek Cypriots
(in all likelihood, accompanied by
Russian “technical advisors”)
and to Greece, itself.
As a
result, simmering antagonisms between
Athens and Ankara over territorial rights
in the Aegean and the Islamic-Orthodox
confrontations throughout the Balkans are
primed to produce conflict. Such an event
would have profound, if highly
unpredictable, implications for NATO (not
least, for any prospect of its expansion)
and the future course of “the Great
Game” now underway in the Caspian
Basin and Transcaucasus.

The Bottom Line

The Clinton Administration has
contributed to the potential for new
calamities now brewing in Southeastern
Europe by, to varying degrees: allowing
the aforementioned, incendiary conditions
to fester; missing numerous opportunities
for prophylactic action; encouraging
ill-advised initiatives (notably, the
Iran-Bosnia scandal); and squandering
U.S. prestige and influence on feckless
multilateral responses. Against the
backdrop of a serious succession crisis
in Zagreb, an as-yet-unresolved political
struggle in Belgrade and the increasingly
worrisome character of the Sarajevo
government — to say nothing of the
uncertainties surrounding Boris Yeltsin’s
hold on power — no one can be
sure how the dynamic developments
described above will play out
.

Two things should be clear,
however
: First, Bill Clinton’s
Rube Goldberg, gerry-built approach to
security policy is beginning to come
apart at the seams — with a
considerable, and growing, potential to
imperil U.S. forces and interests. A
comprehensive and urgent review must,
accordingly, be undertaken to reassess
the policies and deployments that will do
nothing to prevent the looming
catastrophes but may well implicate
the United States in them
— if not
cause it to be held responsible for
creating them.

Second, a principal architect
of these deeply flawed policies has been
tapped by President Clinton to be the man
responsible for monitoring their success
or failure.
It is deeply
disturbing, for example, that Anthony
Lake is making the point in courtesy
calls with Senators who will shortly
consider his nomination to become
Director of Central Intelligence that he
believes the policy of facilitating
Iranian penetration of Bosnia was a
correct one
. So is his
continuing assertion that the Dayton
Accords have been successful and, indeed,
a model for post-Cold War management of
regional crises elsewhere.

Senators must satisfy
themselves that Mr. Lake can be relied
upon to provide honest, objective
documentation — even where so doing will
demonstrate the bankruptcy of policies he
was intimately involved in formulating.
In the absence of persuasive evidence to
that effect, and in the face of much
evidence to the contrary
, Mr. Lake
is clearly the wrong man for the job.

‘Hold Everything’: Barshefsky’s New Info Tech Trade Deal Promotes Trade at Expense of U.S. Security Interests

(Washington, D.C.): Last December, the
Acting U.S. Trade Representative,
Ambassador Charlene Barshefsky, presided
over the completion of a
“Ministerial Declaration on Trade in
Information Technology Products” by
members of the World Trade Organization.
This agreement was drafted with a view to
reducing tariffs and thereby promoting
trade in computers, telecommunications
equipment, copiers, radio and video
technology and related components. The
result is widely expected to be that
American businesses will benefit from
increased access to foreign markets, and
consumers will enjoy reduced costs for
foreign-produced goods in these areas.

Unfortunately, as negotiated,
Ambassador Barshefsky’s info tech trade
deal may have significant — and highly
deleterious — implications for U.S.
national security. This agreement
clears the way for foreign manufacturers
of capacitors and resistors to have
completely duty-free access to the U.S.
market. This may translate into distinct
competitive advantages for foreign firms
anxious to wipe out the last
remaining U.S.-owned and -based
manufacturers of these products, items
critical to virtually every modern weapon
system in the American arsenal.

An illustrative sample of the military
programs that rely upon these components
includes: the AEGIS air defense system,
AMRAAM air-to-air missiles, Patriot
anti-aircraft and anti-missile missiles,
TOW anti-tank weapons, key communications
systems such as MILSTAR and SINCGARS, the
HARM anti-radar weapons and the
Peacekeeper and Trident strategic
missiles. Should the United
States lose the one or two American
companies still available to supply the
capacitors and resistors required for
such systems, military readiness could be
materially degraded.

This is no abstract proposition. In
Operation Desert Shield/Storm, U.S.
officials were alarmed to discover that
dependency on foreign suppliers for spare
parts or replacement components of vital
weapon systems could translate into
unacceptable shortfalls in defense
capabilities and/or serious strains in
relations with allied nations. For
example, Washington had to ask the
Japanese government for its help in
assuring supplies of display screens for
U.S. weapon systems that were not
available from U.S. manufacturers.

‘What, Me Worry?

It appears, however, that no
thought was given by Ambassador
Barshefsky or her team to the national
security implications of the information
technology agreement.
Indeed,
the decision to include capacitors seems
to have been almost an afterthought as
earlier drafts and USTR consultations
with affected industries gave no
indication that such components would be
affected. Even after the agreement was
initialed in Singapore on 13 December
1996 and a number of legislators —
including, notably, the Chairman of the
Senate Armed Services Committee, Sen.
Strom Thurmond — began raising questions
about the potential adverse repercussions
of this agreement for U.S. security
interests, Mrs. Barshefsky has
evinced little willingness to consider
these repercussions or changes to the
agreement that might be made to mitigate
them.

The Bottom Line

The good news for those concerned
about the Clinton Administration’s
tendency to subordinate national security
interests to the monomaniacal pursuit of
trade opportunities is that Ambassador
Barshefsky currently awaits Senate
confirmation of her nomination to fill
the post of U.S. Trade Representative on
a permanent basis. What is more, because
of her past lobbying activities on behalf
of foreign entities, a waiver requiring
the approval of both houses of
Congress must precede Mrs. Barshefsky’s
confirmation by the Senate.

There is, accordingly, ample
opportunity for legislators determined to
ensure that vital U.S. defense
capabilities do not become unduly
dependent upon potentially unreliable
foreign suppliers to reason with Mrs.
Barshefsky
about the need to
“perfect” her information
technology agreement with regard to
militarily-relevant capacitors and
resistors. As it happens, Ambassador
Barshefsky informed the Senate Finance
Committee on the occasion of her
nomination hearing on 29 January that the
info tech agreement would be
“finalized within the next few
weeks.” Accordingly, there
should also be an opportunity to effect
the sorts of changes required before
that diplomatic process is completed and
work on her nomination is concluded.

During that period, the Senate
may also wish to take up with the
Administration its determination to
exercise its right to advise and consent
to the finished agreement
— a
constitutional role the Clinton team
would like to prevent Senators from
playing in this area (as in several
others of import for the national
security — notably, changes to the
Conventional Forces in Europe and
Anti-Ballistic Missile Treaties). Such
a review could be an important starting
point for a more fulsome examination of
the larger question of the military
implications of foreign dependency in
what President Clinton likes to call the
“global economy.”
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– 30 –


Guess Who Else Was Listening To Newt Gingrich’s Phone Call — And To Those Of Millions Of Other Americans Every Day?

(Washington, D.C.): This week’s
revelations that a phone conversation
involving House Speaker Newt Gingrich and
other members of the Republican
congressional leadership was intercepted,
taped and released to the news media has
brought a compelling security policy
issue into sharp focus: To a
staggering degree, American
telecommunications — whether government,
commercial or private — are not
secure.

This is because not only conversations
made on analog cellular phones, like that
used by Rep. John Boehner in the Gingrich
conference call, and portable telephones
are susceptible to interception. So
too are communications (both electronic
and voice) involving microwave
transmissions
.
As an
increasing number of intracity calls,
e-mails and faxes, as well as virtually all
long-distance ones, are now carried via
microwave systems, a mind-boggling amount
of information — including much that is
sensitive either from a personal,
proprietary or official point of view —
is at risk of compromise.

The good news is that such microwave
communications are, for the moment at
least, not susceptible to the sort of
interception by amateur eavesdroppers
using illegally-modified, Radio
Shack-supplied scanners that allegedly
was the source of the Gingrich et.al.
tape recording. (1)
(It must be said, however, the
explanation given for how the Gingrich
conference call was serendipitously
accomplished by two political activists
driving around northern Florida sounds
about as plausible as the contortions
Mary Rose Woods claimed were responsible
for her erasure of a potentially
incriminating 18 minutes of President
Nixon’s taped conversations!
)

Russia’s Cuba-Based ‘Big
Brother’ Operation

The bad news is that the
capacity to vacuum up microwaved,
satellite and other telecommunications is
already in hands far more skilled and
dangerous than American citizens who
break the law by indulging in “audio
voyeurism.”
One of the
world’s largest signals intelligence
(“sigint”) facilities is
located in and near the Havana, Cuba
suberb of Lourdes. It is operated by the
most secret element of the Russian
national security system — the Main
Intelligence Directorate (or GRU) of the
General Staff of the Russian Armed
Forces.

The principal purpose of this
facility is to intercept U.S. military,
governmental, commercial and other
communications conducted throughout the
eastern United States and some of the
Midwest. (2)
A similar facility at Cam Ranh Bay in
communist Vietnam affords the Kremlin
coverage of most of the western U.S. and
much communications traffic in the
Pacific Basin. These ground-based assets
are complemented by — and fully
integrated with — electronic
intelligence satellites, as well as
Russian airborne and naval intelligence
assets.

Worse still, it is believed that both
the Russians and Cubans are developing
capabilities at Lourdes to conduct information
warfare
(IW). Such a capability
would permit these facilities to be
employed not only to intercept
information (for example, to reap
lucrative benefits about proprietary
market developments and other sensitive
commercial activities). It could also
make it possible for Moscow or Havana to manipulate
telecommunicated information so as to
deny the American people and their
government vital services or otherwise to
work against U.S. interests.

Stanislav Lunev, a former GRU colonel
with a detailed knowledge of Lourdes’
operations and capabilities who has lived
in the United States since 1992 told the
Casey Institute:

“The strategic significance
of the Lourdes facility has grown
dramatically since the
secret order from Russian
Federation President [Boris
Yeltsin] of 7 February 1996
demanding that the Russian
intelligence community step up
the theft of American and other
Western economic and trade
secrets.
It currently
represents a very formidable and
ominous threat to U.S. national
security as well as the American
economy and infrastructure.”

Russian intelligence processes the
enormous daily take from these various
sources, searching for information that
could be of strategic or commercial
benefit to the former Soviet Union. It is
all but certain that at least some of the
phone, fax and e-mail transmissions
involving targeted individuals, companies
or organizations that relay politically
sensitive or potentially compromising
information could wind up in the hands of
people prepared to exploit it. Indeed, as
the director of the Defense Intelligence
Agency told the Senate Intelligence
Committee in August 1996, Lourdes
is being used to collect “personal
information about U.S. citizens in
the private and government sectors.

The Clinton Attitude: ‘See
No Evil’

Without the acquiescence of Fidel
Castro, of course, it would not be
possible for Russia to have some 1,000
GRU intelligence professionals and
technicians in Cuba monitoring military,
diplomatic and commercial communications
throughout much of the eastern United
States as well as trans-Atlantic
telecommunications traffic.

In light of the threat to the personal
privacy and freedoms of the American
people — not to mention sensitive
official communications — one would
think that terminating the operations of
Moscow’s Cuban sigint facility would be
an undertaking of the highest priority
for the United States Government
.

Incredibly, the Clinton
Administration refuses even to ask Russia
to curtail its activities at Lourdes.

Indeed, in testimony given on 16 March
1995 before the Western Hemisphere
Subcommittee of the House International
Relations Committee, Assistant Secretary
of State for Inter-American Affairs
Alexander Watson stated that:

“Provisions of the
[Helms-Burton] bill (3)
which would require the President
to withhold an amount equal to
the assistance and credits Russia
provides to Cuba in return for
the use of the Lourdes signal
intelligence facility could limit
our ability to promote reform and
stability in Russia. In addition,
pressing Russia to cease
its use of Lourdes could be seen
by the Russians as interfering
with their exercise of their
right under the START Treaty to
monitor compliance with the
agreement, and could complicate
Russian ratification of START
II.”

While the Administration subsequently
issued clarifications to make it seem
less enthusiastic about the Lourdes
sigint operation, the Russians have
clearly gotten the message that the
Clinton team views this facility through
a Cold War prism of moral equivalence. As
Izvestia noted on 30 November
1996: “…The United States…does
not object in principle to the continuing
existence of the electronic center in
Cuba, which Washington regards as a
counterweight to an analogous American
station in Turkey.”

Russian
Help on a Cuban Chernobyl — Part of the
Price for Lourdes

Whether the U.S. actually approves of
Russia’s electronic espionage or simply
accepts it as a fact of life, Moscow,
for its part, clearly perceives the
Lourdes facility and its products to be absolutely
critical
assets
. Indeed,
one of the members of a high-level
Russian delegation to Cuba in October
1995, headed by First Deputy Prime
Minister Oleg Soskovets, called Lourdes
“a unique facility of Russia’s
national security system.”

Fidel Castro has recently decided to
exploit the high value which Russia
places on maintaining this massive GRU
facility on his island — one of the few
leverage points he still has over his
post-Cold War benefactors in the Kremlin.
He is reportedly pressing Russia to
increase the annual “lease” for
Lourdes (and associated military
facilities) fivefold, from the equivalent
of approximately $200 million per year to
nearly $1 billion per annum. Although
Moscow is certain to resist this Cuban
proposal (in part, because of Havana’s
estimated $20-30 billion debt owed the
former Soviet Union), it is evidently
prepared to meet a raised ante in order
to keep Lourdes in business through
in-kind contributions in the form of oil,
timber, military equipment and other
types of cooperation.

The most sinister of the latter
appears to be Russia’s readiness to
complete two Soviet-era, VVER-440 nuclear
reactors under construction in Juragua,
Cuba. As noted in the Casey Institute’s
recent Perspective on
this project (an adaptation
of which appeared Monday in the European
edition of the Wall Street Journal and
is attached hereto), these reactors are
irretrievably flawed. According to
experts previously involved in their
construction, the General Accounting
Office, a congressional committee and NBC
News, if allowed to come on line, the
shoddy construction, defective materials
and unsafe design of these reactors would
more likely than not result in a
catastrophic nuclear accident. Depending
upon the prevailing winds, somewhere
between fifty and eighty million
Americans downwind could be exposed to
dangerous — if not lethal — levels of
radiation.

Despite this prospect, Russia is
prepared to help bring the Juragua
reactors on-line, among other reasons,
because the Castro regime has made such
cooperation a quid pro quo for
continued operation of the Lourdes
facility and Russia’s substantial
military presence on the island. With
respect to the latter, former GRU Col.
Lunev, observes: “By its willingness
to see through the Juragua nuclear
project, Russia will have [a] chance to
maintain, secure and expand its military
presence in this geostrategic region —
and preserve the opportunity to deploy
various elements of the Russian air,
naval, army and missile/space forces.
near the United States.”

The Bottom Line

One thing should be clear: The
United States has a critical, keen
interest in terminating both aspects of
this Faustian bargain — the wholesale
eavesdropping against American officials,
companies and private citizens performed
by the Lourdes facility and the
Cuban Chernobyls-in-the-making that
Russia is prepared to complete in order
to keep performing such eavesdropping.

The second term Clinton national security
team and the Congress that will confirm
them and oversee their tenure in office
must make a fresh and urgent assessment
of these dual threats — and map out a
strategy for eliminating them.

If experience to date is any guide,
this task may fall entirely to the
Congress, though. After all, the Clinton
Administration seems determined to give
the Russo-Cuban dangers the sort of
wink-and-nod it previously gave Iranian
arms shipments to Bosnia. This is all the
more astounding insofar as Mr. Clinton’s
is an administration that takes great
pride in indulging in environmental
zealotry and anti-nuclear activism
(notably on the part of Vice President Al
Gore and outgoing Energy Secretary Hazel
O’Leary).

No less remarkable is the evident
indifference of the “green”
movement operatives — people who would
be raising Cain if even one,
safe nuclear reactor were being built in
the United States — to say nothing of
two fatally flawed nuclear power plants. Like
radical feminists willing to look the
other way over Paula Jones’ accusations
against President Clinton, however,
left-leaning environmentalists seem to
think it is politically incorrect to
worry about an environmental catastrophe
in the making 180 miles offshore — so
long as the perpetrator is Fidel Castro.

Congress must not be complicitous in
such behavior. Should it do so, the
legislative branch will fully share
responsibility for failing to halt the
gross Russo-Cuban evisceration of
American public and private sector rights
to confidentiality and privacy — and be
held accountable for refusing to prevent
an avoidable radioactive disaster.

– 30 –

1. Unfortunately,
highly sophisticated and experienced
eavesdroppers can obtain
equipment in this country which would
give them this capability.

2. The Cubans also
operate a companion facility near
Lourdes, whose products they presumably
share with the Russians, just as they
previously did with the Soviet Union.

3. At the time of
Secretary Watson’s testimony, the Clinton
Administration was opposed to the
Helms-Burton legislation. It subsequently
chose to sign the bill in the run-up to
the 1996 presidential election. For more
on that decision, see How to
Respond to the Cuban K.A.L. 007: Shut
Down the Cuban Chernobyl
( href=”index.jsp?section=papers&code=96-D_19″>No. 96-D 19,
26 February 1996).