Virginia Man Sentenced to 18 Months in Prison for Acting as Unregistered Agent for Syrian Government
Mohamad Anas Haitham Soueid, 48, a resident of Leesburg, Va., was sentenced today to 18 months in prison, followed by three years of supervised release, for collecting video and audio recordings and other information about individuals in the United States and Syria who were protesting the government of Syria and to providing these materials to Syrian intelligence agencies in order to silence, intimidate and potentially harm the protestors.
Lisa Monaco, Assistant Attorney General for National Security; Neil MacBride, U.S. Attorney for the Eastern District of Virginia; and James McJunkin, Assistant Director in Charge of the FBI Washington Field Office, made the announcement following sentencing by United States District Judge Claude M. Hilton.
Soueid, aka "Alex Soueid" or "Anas Alswaid," a Syrian-born naturalized U.S. citizen, was charged by a federal grand jury on Oct. 5, 2011, in a six-count indictment in the Eastern District of Virginia. He was convicted of unlawfully acting as an agent of a foreign government on March 26, 2012.
"Mohamad Soueid acted as an unregistered agent of the Syrian government as part of an effort to collect information on people in this country protesting the Syrian government crack-down. I applaud the many agents, analysts and prosecutors who helped bring about this important case," said Assistant Attorney General Monaco.
"Mr. Soueid betrayed this country to work on behalf of a state sponsor of terror," said U.S. Attorney MacBride. "While the autocratic Syrian regime killed, kidnapped, intimidated and silenced thousands of its own citizens, Mr. Soueid spearheaded efforts to identify and intimidate those protesting against the Syrian government in the United States."
"By illegally acting as an agent of Syria, Mr. Souied deceived his adopted country of the United States in support of a violent and repressive despotic government," said Assistant Director in Charge McJunkin. "Through today’s sentencing, he will now be held accountable for his actions."
According to court records, from March to October 2011, Soueid acted in the United States as an agent of the Syrian Mukhabarat, which refers to the intelligence agencies for the Government of Syria, including the Syrian Military Intelligence and General Intelligence Directorate. At no time while acting as an agent of the government of Syria in this country did Soueid provide prior notification to the Attorney General as required by law. The U.S. government has designated the Syrian government a state sponsor of terrorism since 1979.
Under the direction and control of Syrian officials, Soueid recruited individuals living in the United States to make dozens of audio and video recordings of protests against the Syrian regime – including recordings of conversations with individual protestors – in the United States and Syria, which he provided to the Syrian government. He also supplied the Syrian government with contact information for key dissident figures in the United States, details about the financiers of the dissident movement, logistics for protests and meetings, internal conflicts within the movement, and the movement’s future plans.
In a handwritten letter to a Syrian official in April 2011, Soueid outlined his support for the Syrian government’s repressions of its citizens, stating that disposing of dissension must be decisive and prompt and that violence, home invasions, and arrests against dissidents is justified.
The Syrian government provided Soueid with a laptop to further their ability to surreptitiously communicate, which he later destroyed. In late June 2011, the Syrian government paid for Soueid to travel to Syria, where he met with intelligence officials and spoke with President Bashar al-Assad in private.
To thwart detection of his activities by U.S. law enforcement, Soueid lied to a Customs and Border Patrol agent upon his return from meeting with President al-Assad in Syria, and he also lied repeatedly to FBI agents when they questioned him in August 2011. Following the FBI interview, Soueid destroyed documents in his backyard and informed the Mukhbarat about his FBI interview.
This investigation is being conducted by the FBI’s Washington Field Office with assistance from the Loudon County, Va., Sheriff’s Office. The prosecution is being handled by Assistant U.S. Attorneys Dennis Fitzpatrick and Neil Hammerstrom of the U.S. Attorney’s Office for the Eastern District of Virginia and Trial Attorney Brandon L. Van Grack of the Counterespionage Section of the Justice Department’s National Security Division.
A PUBLICATION OF RANDOM U.S.GOVERNMENT PRESS RELEASES AND ARTICLES
Sunday, July 22, 2012
SCIENTISTS FIND POSSIBLE CAUSE OF EARTH'S "ICEHOUSE CLIMATE"
Gypsum from land to sea: Iran's Zagros Mountains contain much water-soluble gypsum.Ancient Alteration of Seawater Chemistry Linked With Past Climate Changen. Photo Credit: NASA. Dissolution or creation of huge gypsum deposits changed sulfate content of the oceans
July 19, 2012
Scientists have discovered a potential cause of Earth's "icehouse climate" cooling trend of the past 45 million years. It has everything to do with the chemistry of the world's oceans.
"Seawater chemistry is characterized by long phases of stability, which are interrupted by short intervals of rapid change," says geoscientist Ulrich Wortmann of the University of Toronto, lead author of a paper reporting the results and published this week in the journal Science.
"We've established a new framework that helps us better interpret evolutionary trends and climate change over long periods of time. The study focuses on the past 130 million years, but similar interactions have likely occurred through the past 500 million years."
Wortmann and co-author Adina Paytan of the University of California Santa Cruz point to the collision between India and Eurasia approximately 50 million years ago as one example of an interval of rapid change.
This collision enhanced dissolution of the most extensive belt of water-soluble gypsum on Earth, stretching from Oman to Pakistan and well into western India. Remnants of the collision are exposed in the Zagros Mountains in western Iran.
The dissolution or creation of such massive gypsum deposits changes the sulfate content of the ocean, say the scientists, affecting the amount of sulfate aerosols in the atmosphere and thus climate.
"We propose that times of high sulfate concentrations in ocean water correlate with global cooling, just as times of low concentrations correspond with greenhouse [warmer] periods," says Paytan.
"When India and Eurasia collided, it caused dissolution of ancient salt deposits, which resulted in drastic changes in seawater chemistry."
That may have led to the end of the Eocene epoch--the warmest period of the modern-day Cenozoic era--and the transition from a greenhouse to an icehouse climate. "It culminated in the beginning of the rapid expansion of the Antarctic ice sheet," says Paytan.
Canada's Natural Sciences and Engineering Research Council supports Wortmann's research and the U.S. National Science Foundation (NSF) supports Paytan research.
"Abrupt changes in seawater composition are a new twist in our understanding of the links among ocean chemistry, plate tectonics, climate and evolution," says Candace Major, program director in NSF's Division of Ocean Sciences.
To make the discovery, the researchers combined past seawater sulfur composition data collected by Paytan with Wortmann's recent discovery of the strong link between marine sulfate concentrations and carbon and phosphorus cycling.
They found that seawater sulfate reflects huge changes in the accumulation and weathering of gypsum, which is the mineral form of hydrated calcium sulfate.
"While it's been known for a long time that gypsum deposits can be formed and destroyed rapidly, the effect of these processes on seawater chemistry has been overlooked," says Wortmann.
"The idea represents a paradigm shift in our understanding of how ocean chemistry changes over time, and how these changes are linked with climate."
Data used in the research were collected aboard the ocean drillship JOIDES Resolution and through the Integrated Ocean Drilling Program (IODP).
IODP is an international research program dedicated to advancing scientific understanding of the Earth through drilling, coring and monitoring the subseafloor.
The JOIDES Resolution is a scientific research vessel managed by the U.S. Implementing Organization of IODP. Texas A&M University, Lamont-Doherty Earth Observatory of Columbia University and the Consortium for Ocean Leadership comprise the implementing organization.
Two lead agencies support the IODP: the U.S. NSF and Japan's Ministry of Education, Culture, Sports, Science and Technology.
Additional program support comes from the European Consortium for Ocean Research Drilling, the Australia-New Zealand IODP Consortium, India's Ministry of Earth Sciences, the People's Republic of China's Ministry of Science and Technology, and the Korea Institute of Geoscience and Mineral Resources.
-NSF-
HSS SAYS AFFORDABLE CARE ACT HELPS MILLIONS WITH FREE PREVENTATIVE CARE
"Millions of Americans are getting cancer screenings, mammograms and other preventive services for free thanks to the health care law," said Secretary Sebelius. "These new benefits, made possible through the health care law, are helping people stay healthy by giving them the tools they need to prevent health problems before they happen."
Prior to 2011, people with Medicare faced cost-sharing for many preventive benefits such as cancer screenings. Through the Affordable Care Act, preventive benefits are offered free of charge to beneficiaries, with no deductible or co-pay, so that cost is no longer a barrier for seniors who want to stay healthy and treat problems early.
The law also added an important new service for people with Medicare — an Annual Wellness Visit with the doctor of their choice— at no cost to beneficiaries.
For more information on Medicare-covered preventive services, please visit: http://www.healthcare.gov/law/features/65-older/medicare-preventive-services/index.html
DEPUTY DEFENSE SECRETARY CARTER THANKS SERVICE MEMBERS FROM ONBARD THE USS MISSOURI
120718-N-WX059-066 PEARL HARBOR (July 18, 2012) Deputy Secretary of Defense Ashton B. Carter delivers remarks to service members aboard the USS Missouri Memorial. Carter wanted to personally thank service members for their Participation in the military. U.S. Navy photo by Mass Communication Specialist 3rd Class Sean Furey/Released
FROM: U.S. DEFENSE DEPARTMENT
Presenter: Deputy Secretary of Defense Ashton B. Carter July 18, 2012 remarks by Deputy Secretary of Defense Carter Aboard the Battleship Missouri
Thank you, Admiral Watters. Good morning, everybody. (inaudible). Thanks for being here this morning, and what a spectacular vessel this is. This is -- as you all know -- here, right here in Pearl Harbor, is where World War II started and right here on the deck of this ship is where World War II ended. And the folks who fought that war were about your age, or some for you, who are younger, and they were -- they were the greatest generation of that time.
And I guess the main thing I want to say for myself and for Secretary Panetta is, you all are the greatest generation of this time. And so, the first thing that we all have in our minds in Washington when we think about you and what you're doing out here, is to thank you. And I want each and every one of you to go home tonight, to your family or your close friends, or call your parents or whomever is close to you, and say that today, you were thanked by the leadership of the Department of Defense, and your country, for what you do. We don't take it for granted, and it's incredibly important to us.
And I think for you, if you're like me and most of us who work in national defense, it's a great feeling to wake up in the morning and to go to work doing something that's bigger than yourself. What we do is bigger than us; it's even bigger than the great country that we all serve, because the United States still provides security to much of the world.
Especially to the Asia-Pacific region, and you know what you do out here to build military capability that serves as a deterrent to violence in this part of the world; to build the partnerships, alliances and friendships upon which our security and the security of everyone else in this region depends; to build the capacities of partner militaries -- that's being done right now, here, at the RIMPAC fleet exercises, right off the coast here of Hawaii, at this moment.
So it's a good feeling to do what we do, and I hope you share and feel that good feeling.
And you all, right here, right now, in PACOM, are at the heart of the great transition that our country's defense is undergoing in these coming years. We have been, as you all know, understandably and justifiably preoccupied with two wars -- in Iraq and Afghanistan -- two wars of a certain kind. Counterinsurgency war. And with fighting a battle against the terrorism that we first saw evidence of on September 11th of 2011 [sic 2001]. Those are important things to do, and they're important things to bring to an end. And we have, and we will.
Iraq we have brought to an end, and in Afghanistan, we have a plan that is shared with all our coalition partners, to bring that down -- our activity in Afghanistan -- to an enduring presence starting in 2015. What the President and Secretary of Defense have told us is that they understand that as this era -- the era of Iraq and Afghanistan -- ends, we need to lift our heads up out of the foxhole we've been in, look up, look around, and see what the problems are, and the security opportunities there are, that will define our future -- your future. And those issues, those challenges and those opportunities are, very importantly, in the Asia-Pacific region, which you now serve. So this is where our future lies, and you, right here, right now, are a very important part of that transition, that great transition that this great military is embarked upon.
Secretary Panetta was out here not long ago, the President was out here, the Secretary of State was out here. And I'm out here in their wake, to show that when they talked about rebalancing our security effort to the Asia-Pacific theater, that we aren't just talking the talk, we're walking the walk. And so in all of the allies and partnerships where we have forces deployed or forces rotating and acting in partnership, I want to check on their status -- our own people. I want to check on the health of our alliances and relationships; make sure that we're doing all the things that we can do, all the things that we said we would do, all the things that we're planning to do, to rebalance our effort to this region.
We do this at a time of great strategic transition, as I've already said. We also do it at a time when the country is trying to rebalance its own fiscal situation. And the other thing I'd tell you is that we understand that, and we can do what we need to do here within the constraints of the amount of money that the country is able to give us -- in important measure because much of the capacity that we have been using in Iraq and Afghanistan we can now apply to this region. So we're going to do it, we can do it even within the budgetary circumstances that we find ourselves. And so, as I go on from here to Guam, and then to Japan, and then to Thailand, and then to India and finally to Korea, I'll be looking at our relationships with those countries and implicitly with all of the other countries in this area, and saying, "What is it that I need to go back to Washington and make sure we're doing on our end to hold up our bargain with you, out here, who are at the point of the spear on this effort?"
There are a number of different aspects to the rebalancing here. I'll just say that it really starts with the principles that we stand up for, that we uphold, and that we have stood for in this part of the world for 70 years now, since World War II ended aboard this vessel. I always try to summarize it in the following way: I say that this region of the world has enjoyed peace and prosperity for 70 years now. It's a remarkable achievement. In that environment of peace and security, first Japan was able to rise; then Korea was able to rise; and now, yes, China, able to rise to develop their own people, to develop economically. And that's only possible in an environment of peace and security.
And that doesn't come automatically out here. It was the United States and our presence -- constant and strong -- in this region over a period of 70 years, that created that environment of peace and security. We think that's been a good thing. It's been good for us, and it's been good for every other country in this region. We aim to keep that going. We aim to continue to be the pivotal factor for peace and security in the Asia-Pacific region.
That's what you're about. It's about the whole region. It's not about us; it's not about any one country, or any one group of countries. It's about the entire region.
So that's why we're here; that's why you're here. It's a period, it's a moment in history, that you should always, as you go forward in your lives and your careers, keep in your mind. This was an important moment to be here, to be doing what you're doing.
So once again, thank you from us in Washington. Go home tonight, call a parent, say this to a spouse, to kids, to a good friend, whatever -- say that you were thanked today for what you do for our country, and that you were summoned to a new purpose in a new moment in our nation's national security history.
I look forward to getting a chance to chat with some of you, standing out here in this lovely weather -- a lot better than Washington. So please come on up. We have some photographers, we can take pictures, we can chat a little bit, I've got coins. And once again, well done, thank you. I have high hopes for you and high expectations of you. Thanks in advance.
EXPORT-IMPORT BANK APPROVES $57.3 MILLION FINANCING FOR EXPORT OF SOLAR PANELS TO INDIA
FROM: U.S. EXPORT-IMPORT BANK
Ex-Im Approves $57.3 Million in Financing for Renewable-Energy Exports to India
Washington, D.C. – The Export-Import Bank of the United States (Ex-Im Bank) has authorized a pair of loans totaling $57.3 million to Solar Field Energy Two Private Ltd. and Mahindra Surya Prakash Private Ltd., respectively, to finance the export of American solar panels and ancillary services to India.
The solar panels, which are manufactured by First Solar Inc. of Tempe, Ariz., will be used in the construction of solar photovoltaic plants in Rajasthan, India. These transactions will support 200 U.S. jobs at First Solar’s manufacturing facility in Perrysburg, Ohio.
Solar Field Energy Two, a Mumbai-based company wholly owned by Kiran Energy Solar Private Power Ltd., has been approved for a $23 million loan from Ex-Im Bank for the construction of a 20-megawatt (MW) solar facility in Rajasthan. Mahindra Surya Prakash, also of Mumbai and owned by Kiran Energy and Mahindra Holding Ltd., has been approved for a $34.3 million Ex-Im loan to build two solar facilities (one 20 MW and one 10 MW) in Rajasthan as well.
"These important transactions will finance the purchase of American products and services and support jobs in our innovative renewable-energy sector," said Ex-Im Bank Chairman and President Fred P. Hochberg. "On top of that, Ex-Im’s financing will contribute to India’s drive to embrace clean-energy sources."
In 2010, the Indian government launched the Jawaharlal Nehru National Solar Mission in an effort to add 20,000 megawatts of installed solar capacity to the nationwide grid by 2020. According to a 2012 report in the Wall Street Journal, nearly 300 million people in India live without electricity.
India is one of Ex-Im Bank’s nine key markets and accounted for approximately $7 billion of the Bank’s worldwide credit exposure as of the end of FY 2011. In FY 2011 and FY 2012 to date, the Bank authorized more than $330 million in financing for Indian solar projects.
In FY 2012 to date, the Bank has authorized approximately $380 million for renewable-energy exports of all types worldwide.
Founded in 1999, First Solar is the world's largest manufacturer of thin-film solar modules and has more than 1,900 employees in the United States, including 1,200 employees at its Perrysburg, Ohio, manufacturing and engineering center.
About Ex-Im Bank:
Ex-Im Bank is an independent federal agency that helps create and maintain U.S. jobs by filling gaps in private export financing at no cost to American taxpayers. In the past five years, Ex-Im Bank has earned for U.S. taxpayers $1.9 billion above the cost of operations. The Bank provides a variety of financing mechanisms, including working capital guarantees, export-credit insurance, and financing to help foreign buyers purchase U.S. goods and services.
Ex-Im Approves $57.3 Million in Financing for Renewable-Energy Exports to India
Washington, D.C. – The Export-Import Bank of the United States (Ex-Im Bank) has authorized a pair of loans totaling $57.3 million to Solar Field Energy Two Private Ltd. and Mahindra Surya Prakash Private Ltd., respectively, to finance the export of American solar panels and ancillary services to India.
The solar panels, which are manufactured by First Solar Inc. of Tempe, Ariz., will be used in the construction of solar photovoltaic plants in Rajasthan, India. These transactions will support 200 U.S. jobs at First Solar’s manufacturing facility in Perrysburg, Ohio.
Solar Field Energy Two, a Mumbai-based company wholly owned by Kiran Energy Solar Private Power Ltd., has been approved for a $23 million loan from Ex-Im Bank for the construction of a 20-megawatt (MW) solar facility in Rajasthan. Mahindra Surya Prakash, also of Mumbai and owned by Kiran Energy and Mahindra Holding Ltd., has been approved for a $34.3 million Ex-Im loan to build two solar facilities (one 20 MW and one 10 MW) in Rajasthan as well.
"These important transactions will finance the purchase of American products and services and support jobs in our innovative renewable-energy sector," said Ex-Im Bank Chairman and President Fred P. Hochberg. "On top of that, Ex-Im’s financing will contribute to India’s drive to embrace clean-energy sources."
In 2010, the Indian government launched the Jawaharlal Nehru National Solar Mission in an effort to add 20,000 megawatts of installed solar capacity to the nationwide grid by 2020. According to a 2012 report in the Wall Street Journal, nearly 300 million people in India live without electricity.
India is one of Ex-Im Bank’s nine key markets and accounted for approximately $7 billion of the Bank’s worldwide credit exposure as of the end of FY 2011. In FY 2011 and FY 2012 to date, the Bank authorized more than $330 million in financing for Indian solar projects.
In FY 2012 to date, the Bank has authorized approximately $380 million for renewable-energy exports of all types worldwide.
Founded in 1999, First Solar is the world's largest manufacturer of thin-film solar modules and has more than 1,900 employees in the United States, including 1,200 employees at its Perrysburg, Ohio, manufacturing and engineering center.
About Ex-Im Bank:
Ex-Im Bank is an independent federal agency that helps create and maintain U.S. jobs by filling gaps in private export financing at no cost to American taxpayers. In the past five years, Ex-Im Bank has earned for U.S. taxpayers $1.9 billion above the cost of operations. The Bank provides a variety of financing mechanisms, including working capital guarantees, export-credit insurance, and financing to help foreign buyers purchase U.S. goods and services.
COMPUTER STORAGE DEVICE COMPANY CHARGED BY SEC WITH INSIDER TRADING
FROM: SECURITIES AND EXCHANGE COMMISSION Washington, D.C., July 19, 2012
– The Securities and Exchange Commission today charged the chairman and CEO of a Santa Ana, Calif.-based computer storage device company with insider trading in a secondary offering of his stock shares with knowledge of confidential information that a major customer’s demand for one of its most profitable products was turning out to be less than expected.
The SEC alleges that Manouchehr Moshayedi sought to take advantage of a dramatically upward trend in the stock price of STEC Inc. by deciding to sell a significant portion of his stock holdings as well as shares owned by his brother, a company co-founder. The secondary offering was set to coincide with the release of the company’s financial results for the second quarter of 2009 and its revenue guidance for the third quarter. However, in the days leading up to the secondary offering, Moshayedi learned critical nonpublic information that was likely to have a detrimental impact on the stock price. Moshayedi did not call off the offering and abstain from selling his shares once he possessed the negative information unbeknownst to the investing public. Instead, he engaged in a fraudulent scheme to hide the truth through a secret side deal, and proceeded with the sale of 9 million shares from which he and his brother reaped gross proceeds of approximately $134 million each.
"Moshayedi put his own self-interest ahead of his responsibility to lead a public company, and shareholders who placed their trust in him suffered as a result," said Michele Wein Layne, Director of the SEC’s Los Angeles Regional Office. "Company insiders are strictly prohibited under the securities laws from exploiting corporate dealings for private gain, particularly in the secretive and manipulative manner that Moshayedi did."
According to the SEC’s complaint filed in U.S. District Court for the Central District of California, STEC’s stock price increased more than 800 percent from January to August 2009 as the company reported higher revenues, sales, and margins for its products, particularly its flagship flash memory product called "ZeusIOPS," a solid state drive (SSD). The stock rise also came on the heels of STEC’s July 2009 announcement of a unique agreement with its largest customer, EMC Corporation, which agreed to buy $120 million worth of ZeusIOPS in the third and fourth quarter of 2009. Moshayedi touted the sales growth of ZeusIOPS and said the agreement with EMC was "part of the expected growth" for STEC going forward.
The SEC alleges that as the Aug. 3, 2009 date for the secondary offering approached, Moshayedi learned in the course of his CEO duties two critical pieces of nonpublic information indicating that EMC’s actual demand for the ZeusIOPS was lower than previously expected. First, Moshayedi learned that EMC’s actual demand for the ZeusIOPS product in the third quarter would only be approximately $34 million – not nearly enough to ensure that STEC’s third quarter revenue guidance could meet or exceed consensus analyst estimates. Analysts had increased STEC’s revenue guidance estimates for the third quarter after STEC announced the agreement with EMC. Second, EMC informed Moshayedi that it would never again enter into a similar agreement with STEC.
According to the SEC’s complaint, Moshayedi responded by entering into a secret side deal with EMC in order to meet third quarter consensus revenue estimates. Moshayedi convinced EMC on July 29 to take $55 million of ZeusIOPS product in the third quarter – far more than it actually needed – in exchange for an undisclosed additional $2 million price discount on the product in the fourth quarter. After securing this deal, STEC announced the orchestrated guidance figures that amounted to approximately $21 million more than EMC’s actual forecasted demand for the quarter. And even though EMC unequivocally informed Moshayedi on the morning of August 3 that it would not make further volume commitments, he withheld this critical information from investors prior to his secondary offering while at the same time touting in public documents the future growth of the ZeusIOPS product and the importance of the STEC-EMC $120 million agreement.
The SEC’s complaint charges Moshayedi with violating the anti-fraud provisions of U.S. securities laws and seeks a final judgment ordering him to disgorge his own ill-gotten gains and the trading profits of his brother Mehrdad Mark Moshayedi, pay prejudgment interest and financial penalties, and be permanently barred from future violations and from serving as an officer and director of any registered public company.
The SEC’s investigation was conducted by Finola H. Manvelian and Douglas Kobayashi in the Los Angeles Regional Office, and John W. Berry will lead the litigation.
– The Securities and Exchange Commission today charged the chairman and CEO of a Santa Ana, Calif.-based computer storage device company with insider trading in a secondary offering of his stock shares with knowledge of confidential information that a major customer’s demand for one of its most profitable products was turning out to be less than expected.
The SEC alleges that Manouchehr Moshayedi sought to take advantage of a dramatically upward trend in the stock price of STEC Inc. by deciding to sell a significant portion of his stock holdings as well as shares owned by his brother, a company co-founder. The secondary offering was set to coincide with the release of the company’s financial results for the second quarter of 2009 and its revenue guidance for the third quarter. However, in the days leading up to the secondary offering, Moshayedi learned critical nonpublic information that was likely to have a detrimental impact on the stock price. Moshayedi did not call off the offering and abstain from selling his shares once he possessed the negative information unbeknownst to the investing public. Instead, he engaged in a fraudulent scheme to hide the truth through a secret side deal, and proceeded with the sale of 9 million shares from which he and his brother reaped gross proceeds of approximately $134 million each.
"Moshayedi put his own self-interest ahead of his responsibility to lead a public company, and shareholders who placed their trust in him suffered as a result," said Michele Wein Layne, Director of the SEC’s Los Angeles Regional Office. "Company insiders are strictly prohibited under the securities laws from exploiting corporate dealings for private gain, particularly in the secretive and manipulative manner that Moshayedi did."
According to the SEC’s complaint filed in U.S. District Court for the Central District of California, STEC’s stock price increased more than 800 percent from January to August 2009 as the company reported higher revenues, sales, and margins for its products, particularly its flagship flash memory product called "ZeusIOPS," a solid state drive (SSD). The stock rise also came on the heels of STEC’s July 2009 announcement of a unique agreement with its largest customer, EMC Corporation, which agreed to buy $120 million worth of ZeusIOPS in the third and fourth quarter of 2009. Moshayedi touted the sales growth of ZeusIOPS and said the agreement with EMC was "part of the expected growth" for STEC going forward.
The SEC alleges that as the Aug. 3, 2009 date for the secondary offering approached, Moshayedi learned in the course of his CEO duties two critical pieces of nonpublic information indicating that EMC’s actual demand for the ZeusIOPS was lower than previously expected. First, Moshayedi learned that EMC’s actual demand for the ZeusIOPS product in the third quarter would only be approximately $34 million – not nearly enough to ensure that STEC’s third quarter revenue guidance could meet or exceed consensus analyst estimates. Analysts had increased STEC’s revenue guidance estimates for the third quarter after STEC announced the agreement with EMC. Second, EMC informed Moshayedi that it would never again enter into a similar agreement with STEC.
According to the SEC’s complaint, Moshayedi responded by entering into a secret side deal with EMC in order to meet third quarter consensus revenue estimates. Moshayedi convinced EMC on July 29 to take $55 million of ZeusIOPS product in the third quarter – far more than it actually needed – in exchange for an undisclosed additional $2 million price discount on the product in the fourth quarter. After securing this deal, STEC announced the orchestrated guidance figures that amounted to approximately $21 million more than EMC’s actual forecasted demand for the quarter. And even though EMC unequivocally informed Moshayedi on the morning of August 3 that it would not make further volume commitments, he withheld this critical information from investors prior to his secondary offering while at the same time touting in public documents the future growth of the ZeusIOPS product and the importance of the STEC-EMC $120 million agreement.
The SEC’s complaint charges Moshayedi with violating the anti-fraud provisions of U.S. securities laws and seeks a final judgment ordering him to disgorge his own ill-gotten gains and the trading profits of his brother Mehrdad Mark Moshayedi, pay prejudgment interest and financial penalties, and be permanently barred from future violations and from serving as an officer and director of any registered public company.
The SEC’s investigation was conducted by Finola H. Manvelian and Douglas Kobayashi in the Los Angeles Regional Office, and John W. Berry will lead the litigation.
RECENT NAVAL PHOTOS
FROM: U.S. NAVY
International RoboSub Competition at Point Loma. Hosted by SPAWAR, the competition challenges student teams from around the globe to design and build an autonomous underwater vehicle capable of completing realistic missions. U.S. Navy photo by Mass Communication Specialist 2nd Class Benjamin Crossley (Released) 120719-N-BT887-091
FEMA'S ONLINE ACTIVE SHOOTER TRAINING COURSE
FROM: FEDERAL EMERGENCY MANAGEMENT AGENCY
The protection of the Nation’s critical infrastructure from all-hazards threats is a shared responsibility between the U.S. Department of Homeland Security (DHS) and the public and private sector partners who own and operate vital assets and facilities. The DHS National Protection and Programs Directorate’s Office of Infrastructure Protection leads the Department’s efforts to strengthen public and private sector operations by securing critical infrastructure and assisting owners and operators to prepare for threats from all hazards, including events like an active shooter. In light of the shooter event in Aurora, Colorado this email is to serve as a reminder about the information, products and training that is available.
Online Training
DHS developed an online Independent Study Course titled Active Shooter: What You Can Do. This 45-minute course was developed in consultation with the Federal Law Enforcement Training Center and the Hospitality, Entertainment, and Tourism Security Council to provide guidance on how to prevent and prepare for a potential active shooter incident.
Upon completion of the course, participants will be able to:
Describe the actions to take when confronted with an active shooter and to assist responding law enforcement officials;
Recognize potential workplace violence indicators;
Describe actions to take to prevent and prepare for potential active shooter incidents; and
Explain how to manage the consequences of an active shooter incident.
The online training is available through the Federal Emergency Management Agency Emergency Management Institute at www.training.fema.gov/EMIWeb/IS/IS907.asp.
Active Shooter Resources
DHS has also developed a booklet and poster, with assistance from the Fairfax County Police Department of Virginia, the National Retail Federation, and the Retail Industry Leaders Association, to assist facilities owners and operators to prepare for and respond to an active shooter incident.
Topics covered in the "Active Shooter How to Respond" booklet and poster includes:
Profile of an active shooter;
Practices for coping with an active shooter;
How individuals should respond when an active shooter enters their vicinity;
How individuals should respond when law enforcement arrives on the scene;
Responsibilities of human resources departments and facility managers in preparing for and managing an active shooter situation; and
Tips for recognizing signs of potential workplace violence; and managing the consequences of an active shooter situation.
Additional resource materials include the Active Shooter Booklet, the Active Shooter Poster (English and Spanish), the Active Shooter Pocket Card (English and Spanish), and the Active Shooter/Suicide Bomber Awareness Bomb-Making Materials Awareness Program Card can be found at www.dhs.gov/cfsector.
Webinars
In September 2011, DHS hosted the Active Shooter Awareness Virtual Roundtable, a Webinar designed to help private and public sector partners understand the importance of developing an emergency response plan and the need to train employees on how to respond if confronted with an active shooter.
An archived version of the Webinar, which includes presentations from a former police officer and a behavioral psychologist, as well as a video produced with assistance from the Federal Protective Service, can be viewed on demand at www.dhs.gov/files/programs/gc_1231165582452.shtm.
Live Workshops
The Department and its partners host monthly day-long workshop events, including presentations from law enforcement and behavioral subject matter experts, guest speakers, and facilitated discussions. Since the program’s inception in December 2008, nearly 4,000 people have participated in DHS co-sponsored active shooter workshops. Thirty workshops have been scheduled for Fiscal Year 2012 in various cities across the country.
The protection of the Nation’s critical infrastructure from all-hazards threats is a shared responsibility between the U.S. Department of Homeland Security (DHS) and the public and private sector partners who own and operate vital assets and facilities. The DHS National Protection and Programs Directorate’s Office of Infrastructure Protection leads the Department’s efforts to strengthen public and private sector operations by securing critical infrastructure and assisting owners and operators to prepare for threats from all hazards, including events like an active shooter. In light of the shooter event in Aurora, Colorado this email is to serve as a reminder about the information, products and training that is available.
Online Training
DHS developed an online Independent Study Course titled Active Shooter: What You Can Do. This 45-minute course was developed in consultation with the Federal Law Enforcement Training Center and the Hospitality, Entertainment, and Tourism Security Council to provide guidance on how to prevent and prepare for a potential active shooter incident.
Upon completion of the course, participants will be able to:
Recognize potential workplace violence indicators;
Describe actions to take to prevent and prepare for potential active shooter incidents; and
Explain how to manage the consequences of an active shooter incident.
The online training is available through the Federal Emergency Management Agency Emergency Management Institute at www.training.fema.gov/EMIWeb/IS/IS907.asp.
Active Shooter Resources
DHS has also developed a booklet and poster, with assistance from the Fairfax County Police Department of Virginia, the National Retail Federation, and the Retail Industry Leaders Association, to assist facilities owners and operators to prepare for and respond to an active shooter incident.
Profile of an active shooter;
Practices for coping with an active shooter;
How individuals should respond when an active shooter enters their vicinity;
How individuals should respond when law enforcement arrives on the scene;
Responsibilities of human resources departments and facility managers in preparing for and managing an active shooter situation; and
Tips for recognizing signs of potential workplace violence; and managing the consequences of an active shooter situation.
Additional resource materials include the Active Shooter Booklet, the Active Shooter Poster (English and Spanish), the Active Shooter Pocket Card (English and Spanish), and the Active Shooter/Suicide Bomber Awareness Bomb-Making Materials Awareness Program Card can be found at www.dhs.gov/cfsector.
Webinars
In September 2011, DHS hosted the Active Shooter Awareness Virtual Roundtable, a Webinar designed to help private and public sector partners understand the importance of developing an emergency response plan and the need to train employees on how to respond if confronted with an active shooter.
An archived version of the Webinar, which includes presentations from a former police officer and a behavioral psychologist, as well as a video produced with assistance from the Federal Protective Service, can be viewed on demand at www.dhs.gov/files/programs/gc_1231165582452.shtm.
Live Workshops
The Department and its partners host monthly day-long workshop events, including presentations from law enforcement and behavioral subject matter experts, guest speakers, and facilitated discussions. Since the program’s inception in December 2008, nearly 4,000 people have participated in DHS co-sponsored active shooter workshops. Thirty workshops have been scheduled for Fiscal Year 2012 in various cities across the country.
DEPUTY DEFENSE SECRETARY CARTER ON F-35 FIGNTER PROGRAM
Photo: U.S. Deputy Defense Secretary Ashton B. Carter
FROM: AMERICAN FORCES PRESS SERVICES
Carter Addresses Joint Strike Fighter ProgramBy Karen Parrish
TOKYO, July 21, 2012 - Many countries that are partnering with the United States in the F-35 joint strike fighter program will have a role to play in the aircraft's assembly, but the U.S. government will not decide which country does what, Deputy Defense Secretary Ashton B. Carter said here today.
During a press conference with Japanese media representatives, Carter explained that the supersonic stealth fighter's prime contractor, Lockheed Martin Corp., will decide where the fighter's various manufacturing processes will be located, based on two factors: the partner nation's desire to participate in the aircraft's production, and economic efficiency.
Carter arrived in Japan on the first international stop of an Asia-Pacific tour that has already taken him to Hawaii and Guam, and will continue to Thailand, India and South Korea. He discussed the F-35 program while responding to a reporter's question on whether Japan will be the site of the aircraft's final assembly and check out.
Lockheed Martin officials have explained that process, known in the industry as FACO (Final Assembly and Checkout), which involves putting together the four major structural components of the airplane, installing the engines and electronics systems, and coding and test-flying the aircraft.
"The F-35 program is obviously very important to us," Carter said. "It's the linchpin of tactical aircraft inventories for the United States for decades to come, so we're completely committed to it."
The deputy secretary noted that in his previous position as the department's undersecretary for acquisition, technology and logistics, managing the JSF program was one his central responsibilities.
"I wouldn't have told you this three years ago, but I can tell you now: I think it's getting on the path to finishing its development [and] ramping up to full-rate production," Carter said.
Nations currently partnering with the United States on the aircraft's development include the United Kingdom, Italy, the Netherlands, Turkey, Canada, Denmark, Norway and Australia.
Many of those partners will participate in building the airplane, Carter noted.
"We can't all do everything; we can't all build all parts of the JSF," he said. "Otherwise, that will be economically inefficient, and we'll be wasting our taxpayers' money, and that's not fair."
What makes sense, the deputy secretary said, is for each country involved in producing the fighter to make some of the parts for all of the other partner nations.
"So it's a very complicated matter of apportioning, in an economically efficient way, all of these technical tasks," Carter said. "And that's what Lockheed Martin ... does in discussions with all the partners."
Defense Department leaders care about the outcome of manufacturing decisions "because we want an affordable airplane, as does the Japanese government," he said.
Carter added, "I'm sure that that will be done in a way that is satisfactory to Japan, just like it has to be satisfactory to the United States, has to be satisfactory to Turkey, to the U.K. ... That's the way international programs work today."
FROM: AMERICAN FORCES PRESS SERVICES
Carter Addresses Joint Strike Fighter ProgramBy Karen Parrish
TOKYO, July 21, 2012 - Many countries that are partnering with the United States in the F-35 joint strike fighter program will have a role to play in the aircraft's assembly, but the U.S. government will not decide which country does what, Deputy Defense Secretary Ashton B. Carter said here today.
During a press conference with Japanese media representatives, Carter explained that the supersonic stealth fighter's prime contractor, Lockheed Martin Corp., will decide where the fighter's various manufacturing processes will be located, based on two factors: the partner nation's desire to participate in the aircraft's production, and economic efficiency.
Carter arrived in Japan on the first international stop of an Asia-Pacific tour that has already taken him to Hawaii and Guam, and will continue to Thailand, India and South Korea. He discussed the F-35 program while responding to a reporter's question on whether Japan will be the site of the aircraft's final assembly and check out.
Lockheed Martin officials have explained that process, known in the industry as FACO (Final Assembly and Checkout), which involves putting together the four major structural components of the airplane, installing the engines and electronics systems, and coding and test-flying the aircraft.
"The F-35 program is obviously very important to us," Carter said. "It's the linchpin of tactical aircraft inventories for the United States for decades to come, so we're completely committed to it."
The deputy secretary noted that in his previous position as the department's undersecretary for acquisition, technology and logistics, managing the JSF program was one his central responsibilities.
"I wouldn't have told you this three years ago, but I can tell you now: I think it's getting on the path to finishing its development [and] ramping up to full-rate production," Carter said.
Nations currently partnering with the United States on the aircraft's development include the United Kingdom, Italy, the Netherlands, Turkey, Canada, Denmark, Norway and Australia.
Many of those partners will participate in building the airplane, Carter noted.
"We can't all do everything; we can't all build all parts of the JSF," he said. "Otherwise, that will be economically inefficient, and we'll be wasting our taxpayers' money, and that's not fair."
What makes sense, the deputy secretary said, is for each country involved in producing the fighter to make some of the parts for all of the other partner nations.
"So it's a very complicated matter of apportioning, in an economically efficient way, all of these technical tasks," Carter said. "And that's what Lockheed Martin ... does in discussions with all the partners."
Defense Department leaders care about the outcome of manufacturing decisions "because we want an affordable airplane, as does the Japanese government," he said.
Carter added, "I'm sure that that will be done in a way that is satisfactory to Japan, just like it has to be satisfactory to the United States, has to be satisfactory to Turkey, to the U.K. ... That's the way international programs work today."
Saturday, July 21, 2012
FISHERMEN AND SEAFOOD WHOLSEALER HAVE OYSTERS STEWED BY JUSTICE DEPARTMENT
FROM: U.S. DEPARTMENT OF JUSTICE
Friday, July 20, 2012
Fishermen and Seafood Wholesaler Convicted of Conspiring to Obstruct Justice, Falsify Food Safety and Oyster Harvest Records, and Traffic in Illegal Oysters
WASHINGTON – After a seven week trial in federal court in Camden, N.J., multiple defendants were convicted on various felony counts of creating false records, trafficking in illegally possessed oysters, obstructing the Food and Drug Administration’s regulation of public health and safety, and conspiring to commit those crimes, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, and Paul J. Fishman, U.S. Attorney for the District of New Jersey.
Thomas Reeves, Todd Reeves, and Shellrock LLC, all of Port Norris, N.J., were convicted on multiple felony counts of violating the Lacey Act by creating false records for illegally possessed oysters, trafficking in illegally possessed oysters and falsifying records used by the FDA for tracking the movement of oysters in interstate commerce. These same defendants, as well as Renee Reeves, an employee of Shellrock and the wife of Todd Reeves, were also found guilty of conspiring to commit those crimes and obstruct justice.
Kenneth Bailey, of Heislerville, N.J., was convicted on multiple felony counts of violating the Lacey Act by creating false records and trafficking in illegally possessed oysters, as well as falsifying records used by the FDA for tracking the movement of oysters in interstate commerce.
Mark Bryan, of New Market, Md, and the business he co-owns, Harbor House Seafood Inc., of Seaford, Del., were convicted on multiple felony counts of creating false records relating to their purchase of oysters, trafficking in illegally possessed oysters, as well as conspiring to obstruct justice and falsify records used by the FDA for tracking the movement of oysters in interstate commerce.
"The conspiracy to traffic in unreported and illegally possessed oysters from the Delaware Bay violated laws that protect public health and ensure the sustainability of resources that are vital to the region’s economy. In the course of the conspiracy, defendants falsified FDA records that are used to track oysters in the event of an outbreak of oyster-borne disease," said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. "After an extensive trial, today’s conviction by a federal jury sends the message that we will prosecute those who exploit protected resources, deceive law enforcement and deprive honest fisherman of the full measure of their labor."
The Lacey Act prohibits creating or submitting false records for fish or wildlife moving in interstate commerce and also prohibits trafficking in fish or wildlife known to be illegally taken or possessed. The FDA and state health agencies require that oyster purchasers and sellers maintain accurate records of the amounts and locations of oyster harvest for all oysters they buy and sell in order to protect the public health and minimize the impact of any oyster-borne outbreak of disease.
Starting in at least 2004 and continuing through 2007, Thomas and Todd Reeves, oyster fishermen who owned Shellrock (dba Reeves Brothers), would take a greater amount of oysters from the Delaware Bay than was allowed by New Jersey. The Reeveses would then falsify the records that New Jersey used to track the number of oysters harvested from Delaware Bay and sell those unreported oysters to Mark Bryan at Harbor House in Delaware. Thomas Reeves, Todd Reeves and Renee Reeves, along with Mark Bryan at Harbor House, would also coordinate to cover up their overharvest by falsifying records required by the FDA, records which were used to protect the public health from outbreaks of oyster-borne disease. In addition, the defendants conspired to obstruct the NOAA investigation into their illegal conduct by providing investigators with false records and making false statements that attempted to hide their conduct.
Bryan and Harbor House also purchased unreported oysters from Kenneth W. Bailey Sr., another Port Norris oyster fisherman. Like the Reeveses, Bailey would create false records required by the state and the FDA to hide his overharvest.
The fair market retail value of the unreported oysters during this time was in excess of $750,000, and the defendants over-harvested their quota in some years by nearly 60 percent.
The maximum penalty for conspiring to commit offenses and for violations of the Lacey Act is up to five years in prison and a $250,000 fine. The maximum penalty for obstruction of justice counts is up to 20 years in prison and a $250,000 fine. The maximum penalty for the corporations is up to five years of probation and a fine in an amount that is the greater of $500,000 or twice the gross gain, for each count.
The case was investigated by the National Oceanic and Atmospheric Administration, Office of Law Enforcement, and The New Jersey Department of Environmental Protection, Division of Fish and Wildlife. The case was prosecuted by Wayne D. Hettenbach and Patrick M. Duggan of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division, with assistance from Assistant U.S. Attorney Matthew T. Smith of the U.S. Attorney’s Office for the District of New Jersey.
Friday, July 20, 2012
Fishermen and Seafood Wholesaler Convicted of Conspiring to Obstruct Justice, Falsify Food Safety and Oyster Harvest Records, and Traffic in Illegal Oysters
WASHINGTON – After a seven week trial in federal court in Camden, N.J., multiple defendants were convicted on various felony counts of creating false records, trafficking in illegally possessed oysters, obstructing the Food and Drug Administration’s regulation of public health and safety, and conspiring to commit those crimes, announced Ignacia S. Moreno, Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division, and Paul J. Fishman, U.S. Attorney for the District of New Jersey.
Thomas Reeves, Todd Reeves, and Shellrock LLC, all of Port Norris, N.J., were convicted on multiple felony counts of violating the Lacey Act by creating false records for illegally possessed oysters, trafficking in illegally possessed oysters and falsifying records used by the FDA for tracking the movement of oysters in interstate commerce. These same defendants, as well as Renee Reeves, an employee of Shellrock and the wife of Todd Reeves, were also found guilty of conspiring to commit those crimes and obstruct justice.
Kenneth Bailey, of Heislerville, N.J., was convicted on multiple felony counts of violating the Lacey Act by creating false records and trafficking in illegally possessed oysters, as well as falsifying records used by the FDA for tracking the movement of oysters in interstate commerce.
Mark Bryan, of New Market, Md, and the business he co-owns, Harbor House Seafood Inc., of Seaford, Del., were convicted on multiple felony counts of creating false records relating to their purchase of oysters, trafficking in illegally possessed oysters, as well as conspiring to obstruct justice and falsify records used by the FDA for tracking the movement of oysters in interstate commerce.
"The conspiracy to traffic in unreported and illegally possessed oysters from the Delaware Bay violated laws that protect public health and ensure the sustainability of resources that are vital to the region’s economy. In the course of the conspiracy, defendants falsified FDA records that are used to track oysters in the event of an outbreak of oyster-borne disease," said Ignacia S. Moreno, Assistant Attorney General for the Environment and Natural Resources Division of the Department of Justice. "After an extensive trial, today’s conviction by a federal jury sends the message that we will prosecute those who exploit protected resources, deceive law enforcement and deprive honest fisherman of the full measure of their labor."
The Lacey Act prohibits creating or submitting false records for fish or wildlife moving in interstate commerce and also prohibits trafficking in fish or wildlife known to be illegally taken or possessed. The FDA and state health agencies require that oyster purchasers and sellers maintain accurate records of the amounts and locations of oyster harvest for all oysters they buy and sell in order to protect the public health and minimize the impact of any oyster-borne outbreak of disease.
Starting in at least 2004 and continuing through 2007, Thomas and Todd Reeves, oyster fishermen who owned Shellrock (dba Reeves Brothers), would take a greater amount of oysters from the Delaware Bay than was allowed by New Jersey. The Reeveses would then falsify the records that New Jersey used to track the number of oysters harvested from Delaware Bay and sell those unreported oysters to Mark Bryan at Harbor House in Delaware. Thomas Reeves, Todd Reeves and Renee Reeves, along with Mark Bryan at Harbor House, would also coordinate to cover up their overharvest by falsifying records required by the FDA, records which were used to protect the public health from outbreaks of oyster-borne disease. In addition, the defendants conspired to obstruct the NOAA investigation into their illegal conduct by providing investigators with false records and making false statements that attempted to hide their conduct.
Bryan and Harbor House also purchased unreported oysters from Kenneth W. Bailey Sr., another Port Norris oyster fisherman. Like the Reeveses, Bailey would create false records required by the state and the FDA to hide his overharvest.
The fair market retail value of the unreported oysters during this time was in excess of $750,000, and the defendants over-harvested their quota in some years by nearly 60 percent.
The maximum penalty for conspiring to commit offenses and for violations of the Lacey Act is up to five years in prison and a $250,000 fine. The maximum penalty for obstruction of justice counts is up to 20 years in prison and a $250,000 fine. The maximum penalty for the corporations is up to five years of probation and a fine in an amount that is the greater of $500,000 or twice the gross gain, for each count.
The case was investigated by the National Oceanic and Atmospheric Administration, Office of Law Enforcement, and The New Jersey Department of Environmental Protection, Division of Fish and Wildlife. The case was prosecuted by Wayne D. Hettenbach and Patrick M. Duggan of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division, with assistance from Assistant U.S. Attorney Matthew T. Smith of the U.S. Attorney’s Office for the District of New Jersey.
Friday, July 13, 2012
U.S. STATE DEPARTMENT PROFILE OF VIETNAM
Map Credit: U.S. State Department.
FROM: U.S. DEPARTMENT OF STATE
VIETNAM
PROFILE
Geography
Area: 331,114 sq. km. (127,243 sq. mi.); equivalent in size to Ohio, Kentucky, and Tennessee combined.
Cities (2009): Capital--Hanoi (pop. 6.472 million). Other cities--Ho Chi Minh City (formerly Saigon; pop. 7.163 million), Haiphong (pop. 1.841 million), Danang (pop. 890,500), Can Tho (pop. 1.189 million).
Terrain: Varies from mountainous to coastal delta.
Climate: Tropical monsoon.
People
Nationality: Noun and adjective--Vietnamese (sing. and pl.).
Population (2011): 90 million.
Annual population growth rate (2011): 1.077%.
Ethnic groups (2009): 54 groups including Vietnamese (Kinh) (73.594 million, or 85.7% of the population), Tay (1.89%), Thai (1.8%), Muong (1.47%), Khmer (1.46%), Chinese (0.95%), Nung (1.12%), Hmong (1.24%).
Religions (2008): Buddhism (approx. 50%), Catholicism (8%-10%), Cao Dai (1.5%-3%), Protestantism (0.5%-2%), Hoa Hao (1.5%-4%), Islam (0.1%), and other animist religions.
Languages: Vietnamese (official), English (increasingly favored as a second language), some French, Chinese, and other ethnic minority languages.
Education (2009): Literacy--94%.
Health (2011): Birth rate--17.07 births/1,000 population. Infant mortality rate--20.9 deaths/1,000 live births. Life expectancy--73 yrs. Death rate--5.96/1,000 population.
Government
Type: Single-party constitutional republic (Communist Party).
Independence: September 2, 1945.
Constitution: April 15, 1992.
Branches: Executive--president (head of state and chair of National Defense and Security Council) and prime minister (heads cabinet of ministries and commissions). Legislative--National Assembly. Judicial--Supreme People's Court; Prosecutorial Supreme People's Procuracy.
Administrative subdivisions: 58 provinces, 5 municipalities (Can Tho, Haiphong, Danang, Hanoi, Ho Chi Minh City).
Political party: Communist Party of Vietnam (CPV) with over 3 million members, formerly (1951-76) Vietnam Worker's Party, itself the successor of the Indochinese Communist Party founded in 1930.
Suffrage: Universal over 18.
Economy
GDP: (2010) $102 billion; (2011, first 9 months) $81 billion.
Real GDP growth rate: (2010) 6.8%; (2011, first 9 months) 5.76%.
Per capita income (2010): U.S. $1,168.
Inflation rate: 9.2% (average monthly Consumer Price Index of 2010, year-on-year); 18.16% (average monthly Consumer Price Index of first 9 months of 2011, year-on-year).
External debt (2010): 42.2% of GDP, $32.50 billion.
Natural resources: Coal, crude oil, zinc, copper, silver, gold, manganese, iron.
Agriculture, forestry, and fisheries (20.58% of GDP, 2010): Principal products--rice, coffee, cashews, maize, pepper (spice), sweet potato, pork, peanuts, plus extensive aquaculture of both fish and shellfish species. Cultivated land--12.2 million hectares. Land use--21% arable; 28% forest and woodland; 51% other.
Industry and construction (41.09% of GDP, 2010): Principal types--mining and quarrying, manufacturing, electricity, gas, crude oil, water supply, cement, coal, and steel.
Services (38.33% of GDP, 2010): Principal types--tourism, wholesale and retail, repair of vehicles and personal goods, hotel and restaurant, transport storage, telecommunications.
Trade: Exports--(2010) $71.6 billion; (2011, first 9 months) $70 billion. Principal exports--crude oil, garments/textiles, footwear, fishery and seafood products, rice (world’s second-largest exporter), pepper (spice; world’s largest exporter), wood products, coffee, rubber, cashews, jewelry, and footwear. Major export partners--U.S., EU, ASEAN, Japan, China, and South Korea. Imports--(2010) $84 billion; (2011, first 9 months) $76.87 billion. Principal imports--machinery, oil and gas, iron and steel, garment materials, plastics, and electronics. Major import partners--China, ASEAN, Japan, Taiwan, South Korea, and EU.Exports to U.S.--(2010) $14.3 billion; (2011, first 9 months) $10.9 billion. Imports from U.S.--(2010) 3.7 billion; (2011, first 9 months) $2.8 billion.
PEOPLE
Originating in what is now southern China and northern Vietnam, the Vietnamese people pushed southward over 2 millennia to occupy the entire eastern seacoast of the Indochinese Peninsula. Vietnam has 54 ethnic groups; ethnic Vietnamese or Kinh constitute approximately 85% of Vietnam's population. The next largest groups are ethnic Tay and Thai, which account for 1.89% and 1.8% of Vietnam's population and are concentrated in the country's northern highlands.
With a population of more than 900,000, Vietnam's Chinese community has historically played an important role in the Vietnamese economy. Restrictions on economic activity following reunification of the north and south in 1975 and a general deterioration in Vietnamese-Chinese relations caused increasing anxiety within the Chinese-Vietnamese community. As tensions between Vietnam and China reached their peak in 1978-79, culminating in a brief but bloody war in February-March 1979, some 450,000 ethnic Chinese left Vietnam by boat as refugees (many officially encouraged and assisted) or were expelled across the land border with China.
Other significant ethnic minority groups include central highland peoples (formerly collectively termed Montagnards) such as the Gia Rai, Bana, Ede, Xo Dang, Gie Trieng, and the Khmer Krom (Cambodians), who are concentrated near the Cambodian border and at the mouth of the Mekong River. Taken collectively, these groups made up a majority of the population in much of Vietnam's central highlands until the 1960s and 1970s. They now compose a significant minority of 25% to 35% of the provinces in that region.
Vietnamese is the official language of the country. It is a tonal language with influences from Thai, Khmer, and Chinese. Since the early 20th century, the Vietnamese have used a Romanized script introduced by the French. Previously, Chinese characters and an indigenous phonetic script were both used.
HISTORY
Vietnam's identity has been shaped by long-running conflicts, both internally and with foreign forces. In 111 BC, China's Han dynasty conquered northern Vietnam's Red River Delta and the ancestors of today's Vietnamese. Chinese dynasties ruled Vietnam for the next 1,000 years, inculcating it with Confucian ideas and political culture, but also leaving a tradition of resistance to foreign occupation. In 939 AD, Vietnam achieved independence under a native dynasty. After 1471, when Vietnam conquered the Champa Kingdom in what is now central Vietnam, the Vietnamese moved gradually southward, finally reaching the agriculturally rich Mekong Delta, where they encountered previously settled communities of Cham and Cambodians. As Vietnam's Le dynasty declined, powerful northern and southern families, the Trinh and Nguyen, fought civil wars in the 17th and 18th centuries. A peasant revolt originating in the Tay Son region of central Vietnam defeated both the Nguyen and the Trinh and unified the country at the end of the 18th century, but was itself defeated by a surviving member of the Nguyen family, who founded the Nguyen dynasty as Emperor Gia Long in 1802.
French Rule and the Anti-Colonial Struggle
In 1858, the French began their conquest of Vietnam starting in the south. They annexed all of Vietnam in 1885, governing the territories of Annan, Tonkin, and Cochin China, together with Cambodia and Laos, as French Indochina. The French ruled Cochin China directly as a French colony; Annan and Tonkin were established as French "protectorates." Vietnam's emperors remained in place in Hue, but their authority was strictly limited as French officials assumed nearly all government functions. In the early 20th century, Vietnamese intellectuals, many of them French educated, organized nationalist and communist-nationalist anti-colonial movements.
Japan's military occupation of Vietnam during World War II further stirred nationalist sentiment, as well as antipathy toward the French Vichy colonial regime, which took its direction from the Japanese until the Japanese took direct control in March 1945. Vietnamese communists under Ho Chi Minh organized a coalition of anti-colonial groups, the Viet Minh, though many anti-communists refused to join. The Viet Minh took advantage of political uncertainty in the weeks following Japan's surrender to take control of Hanoi and much of northern Vietnam. Ho Chi Minh announced the independence of the Democratic Republic of Vietnam on September 2, 1945.
North and South Partition
France's determination to reassert colonial authority in Vietnam led to failed talks and, after armed hostilities broke out in Haiphong at the end of 1946, an 8-year guerrilla war between the communist-led Viet Minh on one side and the French and their anti-communist nationalist allies on the other. Following the French defeat at Dien Bien Phu in May 1954, France and other parties, including Britain, China, the Soviet Union, the United States, and representatives of the Viet Minh and Bao Dai governments convened in Geneva, Switzerland for peace talks. On July 29, 1954, an Agreement on the Cessation of Hostilities in Vietnam was signed between France and the Democratic Republic of Vietnam. The United States observed, but did not sign, the agreement. French colonial rule in Vietnam ended.
The 1954 Geneva agreement provided for a cease-fire between communist and anti-communist nationalist forces, the temporary division of Vietnam at approximately the 17th parallel, provisional northern (communist) and southern (noncommunist) zone governments, and the evacuation of anti-communist Vietnamese from northern to southern Vietnam, as well as the movement of a smaller number of former communist-led Viet Minh anti-colonial fighters to the north. The agreement also called for an election to be held by July 1956 to bring the two provisional zones under a unified government, a provision that the South Vietnamese Government refused to accept, arguing that conditions for free elections throughout Vietnam were not present. On October 26, 1955, South Vietnam declared itself the Republic of Vietnam.
After 1954, North Vietnamese communist leaders consolidated their power and instituted a harsh agrarian reform and socialization program. During this period, some 450,000 Vietnamese, including a large number of Vietnamese Catholics, fled from the north to the south, while a much smaller number, mostly consisting of former Viet Minh fighters, relocated north. In the late 1950s, North Vietnamese leaders reactivated the network of communist guerrillas that had remained behind in the south. These forces--commonly known as the Viet Cong--aided covertly by the north, started an armed campaign against officials and villagers who refused to support the communist reunification cause.
American Assistance to the South
In December 1961, at the request of South Vietnamese President Ngo Dinh Diem, President Kennedy sent U.S. military advisers to South Vietnam to help the government there deal with the Viet Cong campaign. In the wake of escalating political turmoil in the south after a November 1963 generals' coup against President Diem, which resulted in his death, the United States increased its military support for South Vietnam. In March 1965, President Johnson sent the first U.S. combat forces to Vietnam. The American military role peaked in 1969 with an in-country force of 534,000. Although the Viet Cong's surprise Tet Offensive in January 1968 failed militarily, it damaged American and South Vietnamese morale and brought into question--domestically--U.S. reports of successes prior to the offensive. In January 1969, the United States, governments of South and North Vietnam, and the Viet Cong met for the first plenary session of peace talks in Paris, France. These talks, which began with much hope, moved slowly. They finally concluded with the signing of a peace agreement, the Paris Accords, on January 27, 1973. The Accords called for a ceasefire in place in which North Vietnamese forces were permitted to remain in areas they controlled. Following the Accords, the South Vietnamese Government and the political representatives of the communist forces in the South, the Provisional Revolutionary Government, vied for control over portions of South Vietnam. The United States withdrew its forces, although reduced levels of U.S. military assistance continued, administered by the Defense Attaché Office.
Reunification
In early 1975, North Vietnamese regular military forces began a major offensive in the south, inflicting great damage to the south's forces. The communists took Saigon on April 30, 1975, and announced their intention to reunify the country. The Democratic Republic of Vietnam (north) absorbed the former Republic of Vietnam (south) to form the Socialist Republic of Vietnam on July 2, 1976.
After reunification, the government confiscated privately owned land and forced citizens to adopt collectivized agricultural practices. Hundreds of thousands of former South Vietnamese government and military officials, as well as intellectuals previously opposed to the communist cause, were sent to study socialist doctrine in re-education camps, where they remained for periods ranging from months to over 10 years.
Expectations that reunification of the country and its socialist transformation would be condoned by the international community were quickly dashed as many countries expressed concern over Vietnam's internal practices and foreign policy. Vietnam's 1978 invasion of Cambodia in particular, together with its increasingly tight alliance with the Soviet Union, appeared to confirm suspicions that Vietnam wanted to establish a Soviet-backed hegemony in Indochina.
Vietnam's invasion of Cambodia also heightened tensions that had been building between Vietnam and China. Beijing, which backed the Khmer Rouge regime in Cambodia, retaliated in early 1979 by initiating a brief, but bloody border war with Vietnam.
Vietnam's tensions with its neighbors, internal repression, and a stagnant economy contributed to a massive exodus from Vietnam. Fearing persecution, many ethnic Chinese in particular fled Vietnam by boat to nearby countries. Later, hundreds of thousands of other Vietnamese nationals fled as well, seeking temporary refuge in camps throughout Southeast Asia.
The continuing grave condition of the economy and the alienation from the international community became focal points of party debate. In 1986, at the Sixth Party Congress, there was an important easing of communist agrarian and commercial policies.
GOVERNMENT AND POLITICAL CONDITIONS
A new state constitution was approved in April 1992, reaffirming the central role of the Communist Party of Vietnam (CPV) in politics and society, and outlining government reorganization and increased economic freedom. Though Vietnam remains a one-party state, adherence to ideological orthodoxy has become less important than economic development as a national priority.
The most important powers within the Vietnamese Government--in addition to the Communist Party--are the executive agencies created by the 1992 constitution: the offices of the president and the prime minister. The Vietnamese President functions as head of state but also serves as the nominal commander of the armed forces and chairman of the Council on National Defense and Security. The Prime Minister of Vietnam heads a cabinet composed of deputy prime ministers and the heads of ministries and agencies, all confirmed by the National Assembly.
Notwithstanding the 1992 constitution's reaffirmation of the central role of the Communist Party, the National Assembly, according to the constitution, is the highest representative body of the people and the only organization with legislative powers. It has a broad mandate to oversee all government functions. Once seen as little more than a rubber stamp, the National Assembly has become more vocal and assertive in exercising its authority over lawmaking, particularly in recent years. However, the National Assembly is still subject to Communist Party direction. More than 90% of the deputies in the National Assembly are Communist Party members. The National Assembly meets twice yearly for 7-10 weeks each time; elections for members are held every 5 years, although its Standing Committee meets monthly and there are now over 140 "full-time" deputies who function on various committees. In 2007, the National Assembly introduced parliamentary "question time," in which cabinet ministers must answer often-pointed questions from National Assembly members. There is a separate judicial branch, but it is still relatively weak. There are few lawyers and trial procedures are rudimentary.
The Politburo, selected during the Party Congress of the Communist Party of Vietnam and headed by the Communist Party General Secretary, determines government policy; its Secretariat oversees day-to-day policy implementation. In addition, the Communist Party's Central Military Commission, which is composed of select Politburo members and additional military leaders, determines military policy.
A Party Congress meets every 5 years to set the direction of the party and the government. The most recent Party Congress, the Eleventh, met in January 2011. The Central Committee is elected by the Party Congress and usually meets at least twice a year.
Principal Government Officials
President-- Truong Tan Sang
Prime Minister--Nguyen Tan Dung
National Assembly Chairman--Nguyen Sinh Hung
Minister of Foreign Affairs--Pham Binh Minh
Ambassador to the United States--Nguyen Quoc Cuong
Ambassador to the United Nations--Le Hoai Trung
Vietnam maintains an embassy in the U.S. at 1233 20th Street, NW, #400, Washington DC 20036 (tel. 202-861-0737; fax 202-861-0917); Internet home page: www.vietnamembassy-usa.org. There is a consulate general in San Francisco, located at 1700 California Street, Suite 430, San Francisco, CA 94109 (tel. 415-922-1707; fax 415-922-1848); Internet homepage: http://www.vietnamconsulate-sf.org. There also is a consulate general in Houston, located at 5251 Westheimer Rd, Suite 1100, Houston, Texas 77056 (tel. 713-850-1233; fax 713-810-0159); Internet homepage: http://vietnamconsulateinhouston.org.
ECONOMY
Following economic stagnation after reunification from 1975 to 1985, the 1986 Sixth Party Congress approved broad economic reforms (known as "Doi Moi," or "renovation") that introduced market reforms, opened up the country for foreign investment, and dramatically improved Vietnam's business climate. Vietnam became one of the fastest-growing economies in the world, averaging around 8% annual gross domestic product (GDP) growth from 1990 to 1997 and 6.5% from 1998-2003. GDP grew more than 8% annually from 2004 to 2007, slowed to 5.3% growth in 2009, recovered to 6.8% in 2010, and reached 5.8% over the first 9 months of 2011. Viewed over time, foreign trade and foreign direct investment (FDI) have improved significantly, although new registered FDI has started to trend downward. The average annual foreign investment commitment rose sharply after foreign investment was authorized in 1988, although the global economic crisis affected FDI in 2009. In the first 9 months of 2011, disbursed FDI capital totaled $9.1 billion, up 1% compared to the same period in 2010. Registered FDI (including new and additional capital) was $8.88 billion in the first 9 months of 2011, a fall of about 30% compared to the same period of 2010. From 1990 to 2011, agricultural production nearly doubled, transforming Vietnam from a net food importer to the world's second-largest exporter of rice. In the first 9 months of 2011, Vietnam’s exports ($70 billion) were up by 23% compared to the same period in 2010. Vietnam’s imports ($76.87 billion) were up by 27% from the same period in 2010, and the country was still running a structural trade deficit, reaching $6.87 billion in the first 9 months of 2011.
The shift away from a centrally planned economy to a more market-oriented economic model has improved the quality of life for many Vietnamese. Per capita income rose from $220 in 1994 to $1,168 in 2010. Year-on-year inflation, however, increased to 18.2% in the first 9 months of 2011, up from 8.6% in the same period of 2010. The Vietnamese Government was unable to reach its 2011 Consumer Price Index (CPI) target of 7%. The Vietnamese savings rate is about 25% of GDP. Official unemployment remains low, but does not reflect employment trends in the unofficial economy, which comprises over 70% of the total workforce. Unemployment was 2.2% in the first 9 months of 2011--a slight decline from 2.8% in 2010--with urban unemployment being higher (3.5% in the first 9 months of 2011, 4.4% in 2010) than rural (1.2% the first 9 months of 2011, 2.3% in 2010).
The Vietnamese Government still holds a tight rein over major sectors of the economy through large state-owned economic groups and enterprises. The government has plans to reform key sectors and partially privatize state-owned enterprises, but implementation has been gradual and the state sector still accounts for approximately 40% of GDP. Greater emphasis on private sector development is critical for job creation. In 2011, the Vietnamese Government proposed a strategy for restructuring the economy by 2015. The three pillars of the proposed strategy are improving public investment; reforming state-owned enterprises; and restructuring finance markets, focusing on the banking system.
The 2001 entry-into-force of the Bilateral Trade Agreement (BTA) between the U.S. and Vietnam was a significant milestone for Vietnam's economy and for normalization of U.S.-Vietnam relations. Bilateral trade between the United States and Vietnam has expanded dramatically, rising from $2.97 billion in 2002 to $18.6 billion in 2010. The U.S. is Vietnam's second-largest trade partner overall (after China).
Implementation of the BTA, which includes provisions on trade in goods and services, enforcement of intellectual property rights, protection for investments, and transparency, fundamentally changed Vietnam's trade regime and helped it accede to the World Trade Organization (WTO) in 2007.
Vietnam was granted permanent normal trade relations (PNTR) status by the United States in December 2006. To meet the obligations of WTO membership, Vietnam revised nearly all of its trade and investment laws and guiding regulations and opened up large sectors of its economy to foreign investors and exporters.
A U.S.-Vietnam Trade and Investment Framework Agreement (TIFA), a bridge to future economic cooperation, was signed in 2007 during President Nguyen Minh Triet's visit to the United States. The first TIFA Council occurred in December 2007 in Washington, and there have been frequent TIFA meetings and dialogues since then. During Prime Minister Nguyen Tan Dung's June 2008 visit, the United States and Vietnam committed to undertake Bilateral Investment Treaty (BIT) negotiations. Three rounds of talks were completed, but BIT talks have not resumed since Vietnam and the United States began negotiations on free trade in 2010.
Agriculture and Industry
As in the rest of Asia, farms in Vietnam tend to be very small, and are usually less than one hectare (2.5 acres) each. Rice and other farm outputs are quite profitable, on a per-kilogram basis, but the total income from these small operations is increasingly insufficient to cover daily household needs. Off-farm income is necessary, and growing in importance. Due to its high productivity, Vietnam is currently a net exporter of agricultural products. Besides rice, key exports are coffee (robusta), pepper (spice), cashews, tea, rubber, wood products, and fisheries products. In 2010, Vietnam was ranked 17 among all suppliers of food and agricultural products to the United States, a strong indicator of Vietnam’s growing importance as a global supplier of key agricultural commodities. Agriculture's share of economic output has declined, falling as a share of GDP from 42% in 1989 to 21% in 2010, as production in other sectors of the economy has risen.
Vietnam's industrial production has also grown. Industry and construction contributed 41% of GDP in 2010, up from 27.3% in 1985. Subsidies have been cut, though state enterprises still receive priority access to resources, including land and capital. The government is also continuing the slow process of "equitizing" a significant number of smaller state enterprises--transforming state enterprises into shareholding companies and distributing a portion of the shares to management, workers, and private foreign and domestic investors. However, to date the government continues to maintain control of the largest and most important companies.
Trade and Balance of Payments
To compensate for drastic cuts in Soviet-bloc support after 1989, Vietnam liberalized trade, devalued its currency to increase exports, and embarked on a policy of regional and international economic re-integration. Vietnam has demonstrated its commitment to trade liberalization in recent years, and integration with the world economy has become one of the cornerstones of its reform program. Vietnam has locked in its intention to create a more competitive and open economy by committing to several comprehensive international trade agreements, including the Association of Southeast Asian Nations (ASEAN) Free Trade Area (AFTA) and the U.S.-Vietnam Bilateral Trade Agreement (BTA). Vietnam's accession to the World Trade Organization further integrated Vietnam into the global economy. In November 2010, Vietnam officially joined negotiations for the Trans-Pacific Partnership (TPP) free trade agreement.
As a result of these reforms, exports expanded significantly, growing by as much as 20%-30% in some years. Exports accounted for about 70% of GDP in 2010. Imports have also grown rapidly, and Vietnam has maintained a structural trade deficit, reaching $12.4 billion in 2010. Vietnam's total external debt, amounting to 42.2% of GDP in 2010, was estimated at around $32.5 billion.
FOREIGN RELATIONS
During the second Indochina war (1954-75), North Vietnam sought to balance relations with its two major allies, the Soviet Union and China. Tensions with China began to grow during the Chinese Cultural Revolution, and by 1975, Beijing had become increasingly critical of Hanoi's growing ties with Moscow. Over the next 4 years, Beijing's growing support for Cambodia's Khmer Rouge, which in 1978 initiated bloody attacks across its border with Vietnam, reinforced Vietnamese suspicions of China's motives.
Vietnam-China relations deteriorated significantly after Hanoi instituted a ban in March 1978 on private trade, which had a particularly large impact on southern Vietnam's ethnic Chinese community. Following Vietnam's December 1978 invasion of Cambodia and the expulsion of a significant number of Hoa (ethnic Chinese) from Vietnam, China in February 1979 launched a 3-week incursion over Vietnam's northern border. Faced with severance of Chinese aid and strained international relations, Vietnam established even closer ties with the Soviet Union and its allies in the Council for Mutual Economic Assistance (Comecon). Through the 1980s, Vietnam received nearly $3 billion a year in economic and military aid from the Soviet Union and conducted most of its trade with that country and with other Comecon countries. However, Soviet and East bloc economic aid declined during the perestroika era and ceased completely after the breakup of the Soviet Union.
Vietnam did not begin to emerge from international isolation until it withdrew its troops from Cambodia in 1989. Within months of the 1991 Paris Agreements, Vietnam established diplomatic and economic relations with ASEAN, as well as with most of the countries of Western Europe and Northeast Asia. China reestablished full diplomatic ties with Vietnam in 1991, and the two countries began joint efforts to demarcate their land and sea borders, expand trade and investment ties, and build political relations.
Over the past decades, Vietnam has recognized the increasing importance of growing global economic interdependence and has made concerted efforts to adjust its foreign relations to reflect the evolving international economic and political situation in Southeast Asia. The country has begun to integrate itself into the regional and global economy by joining international organizations. Vietnam has stepped up its efforts to attract foreign capital from the West and regularize relations with the world financial system. In the 1990s, following the lifting of the American veto on multilateral loans to the country, Vietnam became a member of the World Bank, the International Monetary Fund, and the Asian Development Bank. The country has expanded trade with its East Asian neighbors as well as with countries in Western Europe and North America. Of particular significance was Vietnam's acceptance into the Association of Southeast Asian Nations (ASEAN) in July 1995. Vietnam's influence in ASEAN has expanded significantly; the country served as Chairman in 2010. Vietnam joined the Asia-Pacific Economic Cooperation forum (APEC) in November 1998 and hosted summits for APEC in 2006 and ASEAN in 2010. In December 2009, Vietnam completed a 2-year term as a non-permanent member of the United Nations Security Council. At the Eleventh Party Congress in 2011, Communist Party leaders adopted a more internationally engaged foreign policy platform, which also called for a more government-wide approach to foreign policy, increasingly involving the Ministry of National Defense and Ministry of Public Security in the policy-making process.
While Vietnam has not experienced war since its withdrawal from Cambodia, tensions have periodically flared between Vietnam and China, primarily over boundary issues. While Vietnam and China were able to agree to land borders in 1999, overlapping maritime claims in the South China Sea continue to increase bilateral tensions. Vietnam and China each assert claims to the Spratly and Paracel Islands, archipelagos in the potentially oil-rich area of the South China Sea. Malaysia, the Philippines, Brunei, and Taiwan also claim all or part of the Spratly Islands. Over the years, conflicting claims have produced small-scale armed altercations in the area; in 1988, 70 Vietnamese sailors died in a confrontation with China in the Spratlys. China's assertion of "indisputable sovereignty" over the Spratly Islands and the entire South China Sea has elicited concern from Vietnam and its Southeast Asia neighbors. Tensions escalated in the latter half of 2007 as, according to press reports, China pressured foreign oil companies to abandon their oil and gas exploration contracts with Vietnam in the South China Sea. Vietnamese students staged several anti-China demonstrations in response, prompting a warning from the Chinese Foreign Ministry spokesman that Hanoi's failure to quell the demonstrations was harming relations. China's efforts in the summer of 2009 to strictly enforce its unilateral fishing ban in disputed waters led to the detention for several weeks of more than two dozen Vietnamese fishermen.
In contrast, Vietnam has made significant progress with China in delineating its northern land border and the Gulf of Tonkin, pursuant to a Land Border Agreement signed in December 1999, and an Agreement on Borders in the Gulf of Tonkin signed in December 2000. The two sides completed demarcation of their land border in December 2008 and have reached understanding on maritime boundaries in the mouth of the Tonkin Gulf.
U.S.-VIETNAM RELATIONS
President Bill Clinton announced the formal normalization of diplomatic relations with the Socialist Republic of Vietnam on July 11, 1995. Subsequent to President Clinton's normalization announcement, in August 1995, both nations upgraded their Liaison Offices opened in January 1995 to embassy status. As diplomatic ties between the nations grew, the United States opened a consulate general in Ho Chi Minh City, and Vietnam opened a consulate general in San Francisco. In 2009, the United States received permission to open a consulate in Danang; in 2010, Vietnam officially inaugurated a consulate general in Houston.
U.S. relations with Vietnam have become increasingly cooperative and broad-based in the years since political normalization. A series of bilateral summits have helped drive the improvement of ties, including President George W. Bush's visit to Hanoi in November 2006, President Triet's visit to Washington in June 2007, Prime Minister Dung's visits to Washington in June 2008 and April 2010, and President Truong Tan Sang’s visit to Hawaii for APEC meetings in November 2011. The two countries hold an annual dialogue on human rights, which resumed in 2006 after a 2-year hiatus. Vietnam and the United States signed a Bilateral Trade Agreement in July 2000, which went into force in December 2001. In 2003, the two countries signed a Counternarcotics Letter of Agreement (amended in 2006), a Civil Aviation Agreement (amended in 2008), and a textile agreement. In December 2006 the United States granted permanent normal trade relations (PNTR) to Vietnam. In October 2008, the U.S. and Vietnam inaugurated annual political-military talks and policy planning talks to consult on regional security and strategic issues. In August 2010, the U.S. Department of Defense and Vietnam’s Ministry of Defense held the first round of annual high-level defense talks, known as the Defense Policy Dialogue. Bilateral and regional diplomatic engagement has expanded at ASEAN, which Vietnam chaired in 2010, and continues through APEC.
Vietnam's suppression of political dissent has continued to be a main issue of contention in relations with the United States, drawing criticism from successive administrations, as well as from members of Congress and the U.S. public. Within the previous 2 years, Vietnam's government has convicted more than 22 political dissidents, and has arrested an additional 15 others. The government has continued to further tighten controls over the Internet, press, and freedom of speech. Internet bloggers were also arrested, jailed, and convicted after writing about corruption, and protesting China's actions in the disputed Spratly and Paracel Islands and Chinese mining of bauxite in the central highlands.
In contrast, Vietnam has continued to make progress on expanding religious freedom, although significant issues remain. In 2005, Vietnam passed comprehensive religious freedom legislation, outlawing forced renunciations and permitting the official recognition of new denominations. Since that time, the government has granted official national recognition or registration to a number of new religions and religious groups, including eight more Protestant denominations, and has registered hundreds of local congregations particularly in the central highlands. As a result, in November 2006, the Department of State lifted the designation of Vietnam as a "Country of Particular Concern," based on a determination that the country was no longer a serious violator of religious freedoms, as defined by the International Religious Freedom Act. The Department of State has reaffirmed this decision every year since then. Nevertheless, there is room for further progress. The government's slow pace of church registration, particularly in the northwest highlands, and harassment of certain religious leaders for their political activism, remain an ongoing source of U.S. concern.
As of November 2011, the U.S. Government listed 1,679 Americans unaccounted for in Southeast Asia, including 1,288 in Vietnam. Since 1973, 967 Americans have been accounted for, including 683 in Vietnam. Additionally, the Department of Defense has confirmed that of the 196 individuals who were "last known alive" (LKA) in Vietnam, the U.S. Government has determined the fate of all but 25. The Joint POW/MIA Accounting command (JPAC) conducts four major investigation and recovery periods a year in Vietnam, during which specially trained U.S. military and civilian personnel investigate and excavate hundreds of cases in pursuit of the fullest possible accounting. Unrestricting areas previously denied to JPAC personnel has been a recent highlight of cooperation by the Socialist Republic of Vietnam, as was the first-ever turnover of POW/MIA-related artifacts from the Vietnam Military History Museum, apparently a reciprocal action in response to U.S. turnovers of Vietnamese war artifacts. In June 2009, a coastal search mission by the oceanographic survey ship USNS Heezen was the first of its kind, creating the potential to recover hundreds of underwater crash sites. The U.S. would still like to see the provision of archival documents related to U.S. losses along the wartime Ho Chi Minh Trail, as well as more openness in general with regard to Vietnam’s wartime archives. The United States considers achieving the fullest possible accounting of Americans missing and unaccounted for in Indochina to be one of its highest priorities with Vietnam.
Since entry into force of the U.S.-Vietnam Bilateral Trade Agreement on December 10, 2001, increased trade between the U.S. and Vietnam, combined with large-scale U.S. investment in Vietnam, evidence the maturing U.S.-Vietnam economic relationship. In 2010, the United States exported $3.7 billion in goods to Vietnam and imported $14.9 billion in goods from Vietnam. Similarly, U.S. companies continue to invest directly in the Vietnamese economy. During 2009, the U.S. private sector committed $9.8 billion to Vietnam in foreign direct investment. Another sign of the expanding bilateral relationship is the signing of a Bilateral Air Transport Agreement in December 2003. Several U.S. carriers already have third-party code sharing agreements with Vietnam Airlines. Direct flights between Ho Chi Minh City and San Francisco began in December 2004. The Bilateral Air Transport Agreement was amended in October 2008 to fully open markets for cargo air transportation. Vietnam and the United States also signed a Bilateral Maritime Agreement in March 2007 that opened the maritime transport and services industry of Vietnam to U.S. firms.
Vietnam remains heavily contaminated by explosive remnants of war, primarily in the form of unexploded ordnance (UXO) including extensive contamination by cluster munitions dating from the war with the United States. The United States is the largest single donor to UXO/mine action. The Department of State continues to assist Vietnam in detecting and clearing unexploded ordnance, educating the public on the risks of UXO, and providing assistance to the victims of UXO. Since 1993, U.S. has contributed over $62 million in UXO clearance, risk education, and victims’ assistance programs and support for persons with disabilities, regardless of cause.
While legacy issues such as UXO/demining, MIA accounting, and Agent Orange provided the foundations for the U.S.-Vietnam defense relationship, mutual interest in addressing the challenges of humanitarian assistance/disaster relief, search and rescue, and maritime security have allowed the defense relationship to accelerate in the past 3 years, with Vietnam participating in U.S.-provided capacity-building training in these areas. Many of these topics are discussed in annual bilateral defense discussions. In August 2010, a delegation of senior Vietnamese civilian and military officials participated in a fly-out to the USS George Washington in international waters off the coast of Vietnam just prior to the USS John S. McCain visit to Danang, Vietnam. In July 2011 another delegation of government and military officials participated in a fly-out and tour aboard the USS George Washington.
Two years after its first visit to Vietnam, the hospital ship USNS Mercy paid a port call to Quy Nhon in June 2010, where it provided medical and dental treatment to thousands; the USNS Mercy's June 2008 visit to Nha Trang reached over 11,000 Vietnamese patients. Other U.S. Navy visits in 2011 included the first U.S. military ship visit to Cam Ranh Bay in over three decades, when the USNS Richard E. Byrd entered the port for maintenance and repair in August 2011; the USNS Diehl followed for routine maintenance and repair in October. Vietnam continues to observe multinational exercises such as the Cooperation Afloat Readiness and Training (CARAT) organized by the U.S. Pacific Fleet and the yearly GPOI CAPSTONE exercise organized by the U.S. Pacific Command. An active partner in nonproliferation regimes, Vietnam also takes full advantage of expertise, equipment, and training available under the Export Control and Related Border Security (EXBS) program. With the support of the U.S. Department of Energy’s Megaports Initiative, Vietnam is installing radiation detection equipment to help it detect and identify weapons of mass destruction and their components at the commercial port of Cai Mep-Vung Tau. Vietnam agreed in 2010 to join the Global Initiative to Combat Nuclear Terrorism, and Prime Minister Dung was an active participant in President Barack Obama's April 2010 Nuclear Security Summit in Washington.
Thursday, July 12, 2012
COMPANY WILL PAY $1 MILLION TO SETTLE ALLEGED TRADE AGREEMENT ACT VIOLATIONS
FROM: U.S. DEPARTMENT OF JUSTICE
Monday, July 9, 2012
Telecommunications Firm to Pay Us $1 Million to Settle Alleged Violations of the Trade Agreements Act.
ADC Telecommunications Inc. will pay the United States $1 million to resolve allegations that the company submitted false claims to federal agencies when it sold telecommunications goods manufactured in countries prohibited by the Trade Agreements Act (TAA).
From October 2005 through December 2008, ADC manufactured and sold telecommunications hardware, such as communication modems, extender modules and shelf adapters to various federal agencies through its General Services Administration (GSA) Multiple Award Schedule contract. This settlement resolves allegations disclosed by the company that it knowingly manufactured and sold products from countries such as China that do not have reciprocal trade agreements with the United States and are not on the list of designated countries. The client government agencies included a number of federal agencies, including the Departments of Defense, Homeland Security and Interior.
Compliance with the TAA is required by GSA Multiple Award Schedule
contracts. Goods purchased under these contracts must be manufactured in one of a list of designated countries deemed to trade fairly with the United States.
“Protecting the federal procurement process is central to the mission of the Department of Justice,” said Stuart Delery, Acting Assistant Attorney General for the Department of Justice’s Civil Division. “It is incumbent upon contractors that supply products to federal agencies to abide by the legal requirements designed to protect U.S. trade interests.”
“This settlement demonstrates this office’s commitment to ensure that products sold to the government are made in countries that respect and adhere to our nation’s trade policies,” said Ronald C. Machen Jr., the U.S. Attorney for the District of Columbia. “We expect all companies who do business with the United States to understand and comply with the laws that govern their transactions.”
GSA Inspector General Brian Miller stated “We appreciate ADC's cooperation in the OIG’s investigation of this matter.”
This matter was jointly handled by the GSA Office of the Inspector General, the Justice Department’s Civil Division and the U.S. Attorney’s Office for the District of Columbia.
Wednesday, July 11, 2012
TWO PERSONS SENTENCED FOR PARTS IN $2.3 MILLION KICKBACK SCHEME
FROM: U.S. JUSTICE DEPARTMENT
Tuesday, July 10, 2012
Two Individuals Sentenced to Prison for Participating in Kickback Scheme at New York Presbyterian Hospital A Pennsylvania Company and Two New York Companies Sentenced to Pay a Total of $3 Million in Criminal Fines
WASHINGTON — Two individuals and three corporations were sentenced in the U.S. District Court in Manhattan by Judge George B. Daniels today to serve time in prison and to pay criminal fines for their participation in an eight-year conspiracy involving kickbacks in excess of $2.3 million to defraud New York Presbyterian Hospital (NYPH), the Department of Justice announced. The individuals and the corporations were convicted after a four-week trial in February 2012.
Michael Yaron, the owner of two of the companies convicted for their roles in the conspiracy—Cambridge Environmental & Construction Corp, doing business as National Environmental Associates (Cambridge/NEA) and Oxford Construction & Development Corp.—was sentenced to serve 60 months in jail, and to pay a $500,000 criminal fine. Cambridge/NEA and Oxford Construction were each sentenced to pay a $1 million criminal fine.
Moshe Buchnik, the president of an asbestos abatement company that also did business at NYPH, was sentenced to serve 48 months in jail, and to pay a $500,000 criminal fine for his role in the conspiracy.
Artech Corp., a company owned by a relative of Santo Saglimbeni, a former vice president of facilities operations at NYPH, was also sentenced to pay a $1 million criminal fine.
Two additional charged co-conspirators, Saglimbeni and Emilio “Tony” Figueroa, a former director of facilities operations at NYPH, who were convicted along with Yaron, Buchnick, Cambridge/NEA, Oxford Construction and Artech, are scheduled to appear in court on July 31, 2012.
“The sentences imposed today are consistent with the seriousness of the crimes for which the individuals and companies were found guilty,” said Acting Assistant Attorney General Joseph Wayland in charge of the Department of Justice’s Antitrust Division. “Today’s sentences hold accountable the unlawful conduct of those involved in illegal kickback conspiracies.”
The department said the scheme to defraud NYPH centered on Saglimbeni, who with the assistance of Figueroa, awarded asbestos abatement, air monitoring and general construction contracts to Yaron, Buchnik and their companies in return for more than $2.3 million in kickbacks. The kickbacks were funneled by Yaron to Saglimbeni through Artech Corp., a sham company Saglimbeni created in his mother’s name in order to conceal the kickbacks.
Yaron, Buchnik, Saglimbeni, Figueroa, Cambridge/NEA, Oxford Construction and Artech, were each convicted of conspiracy to defraud NYPH. Additionally, Yaron, his companies, Buchnik, Saglimbeni and Artech were also convicted of a substantive wire fraud violation.
The sentences announced today resulted from a federal antitrust investigation of bid rigging, fraud, bribery and tax-related offenses in the award of construction, maintenance and service contracts to the facilities operations department of NYPH. Including today’s sentencings, 14 individuals and six companies have been convicted of or pleaded guilty to charges arising out of this investigation.
TEMPORARY FOREIGN WORKERS RECEIVE $2.3 MILLION IN BACK WAGES
FROM: U.S. DEPARTMENT OF LABOR
US Department of Labor reaches agreement resulting in more than $2.3 million in back wages to temporary foreign agricultural workers
Agreement provides record back wage amount for H-2A program, plus $500,000 penalty
SACRAMENTO, Calif. — Yerington, Nev.-based onion grower Peri & Sons has agreed to pay a record total of $2,338,700 in back wages to 1,365 workers, along with a civil money penalty of $500,000, for violations under the H-2A program.
U.S. Department of Labor Administrative Law Judge Steven Berlin in San Francisco signed the order granting the consent findings.
“We are pleased to have reached this record agreement to pay workers the wages and expenses they are due,” said Secretary of Labor Hilda L. Solis. “In order for the H-2A program to operate as intended, all employers must comply with the law.”
An investigation by the department’s Wage and Hour Division determined that workers employed by Peri & Sons involved in irrigation, as well as harvesting, packing and shipping onions sold in grocery stores nationwide, were not paid properly for work performed. All of the workers came to the U.S. from Mexico under the H-2A temporary agricultural worker visa program. In most cases, their earnings fell below the hourly wage required by the program, as well as below the federal minimum wage of $7.25 per hour for a brief period of time. Investigators also found that workers were not paid for time spent in mandatory pesticide training or reimbursed for subsistence expenses while traveling to and from the U.S. Additionally, their return transportation costs at the end of the contract period were not paid, as was required.
The H-2A temporary agricultural worker program establishes a means for employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the United States to perform temporary or seasonal agricultural work. The employer must file an application stating that a sufficient number of domestic workers are not available and the employment of these workers will not adversely affect the wages and working conditions of similarly employed workers in the U.S. Employers using the H-2A program must meet a number of specific conditions relating to recruitment, wages, housing, meals and transportation.
Subscribe to:
Posts (Atom)