A PUBLICATION OF RANDOM U.S.GOVERNMENT PRESS RELEASES AND ARTICLES
Saturday, December 8, 2012
RECENT U.S. NAVY PHOTO
FROM: U.S. NAVY
121207-N-WF272-107 PEARL HARBOR (Dec. 7, 2012) The Los Angeles-class attack submarine USS Tucson (SSN 770) conducts a pass-in-review by the USS Arizona Memorial during the 71st Anniversary Pearl Harbor Day Commemoration ceremony at the Pearl Harbor Visitor Center. More than 2000 guests, including Pearl Harbor survivors and other veterans, attended the National Park Service and U.S. Navy-hosted joint memorial ceremony at the World War II Valor in the Pacific National Monument. This year's theme focused on "Coming of Age - From Innocence to Valor." (U.S. Navy Photo by Mass Communication Specialist 3rd Class Diana Quinlan/Released)
U.S. DOL SUES TO RECOVER EMPLOYEE LOSSES IN STOCK OWNERSHIP PLAN
FROM: U.S. DEPARTMENT OF LABOR
US Labor Department sues to recover losses to employee stock ownership plan of Rembar Inc.
NEW YORK — The U.S. Department of Labor has filed a lawsuit to recover losses suffered by participants in the Rembar Inc. Employee Stock Ownership Plan after the plan allegedly was allowed to purchase overvalued company stock. The suit names as defendants Rembar owner and CEO Frank Firor and First Bankers Trust Services Inc., which was hired as an independent fiduciary and trustee in connection with the company's newly formed plan. The plan is also a defendant.
"Employee Retirement Income Security Act fiduciary duties are the highest standard of care known to the law and apply to those who manage employee benefit plans," said Jonathan Kay, regional director of the Labor Department's Employee Benefits Security Administration's New York Regional Office. "The department remains committed to ensuring that fiduciaries work solely in the interest of plan participants and beneficiaries."
The suit alleges that, in June 2005, First Bankers Trust Services allowed the plan to purchase 100 percent of the company's stock from Firor and Firor's relatives for $15.5 million. An investigation by EBSA determined that First Bankers Trust Services failed to comply with its duty to understand the valuation report that set the purchase price, identify and question assumptions in the report, and verify that the conclusions in the report were consistent with the company's financial data. As a result of First Bankers Trust Services' failure to comply with its fiduciary duties, the plan overpaid for the stock and suffered losses.
The suit seeks, among other things, to recover jointly from First Bankers Trust Services and Firor all losses suffered by the plan.
Rembar Inc. is engaged in the distribution and manufacturing of precision parts made from refractory metals. The suit was filed in the U.S. Court for the Southern District of New York and is being litigated by the department's Regional Office of the Solicitor in Manhattan. The suit is based on an investigation conducted by EBSA's New York Regional Office.
US Labor Department sues to recover losses to employee stock ownership plan of Rembar Inc.
NEW YORK — The U.S. Department of Labor has filed a lawsuit to recover losses suffered by participants in the Rembar Inc. Employee Stock Ownership Plan after the plan allegedly was allowed to purchase overvalued company stock. The suit names as defendants Rembar owner and CEO Frank Firor and First Bankers Trust Services Inc., which was hired as an independent fiduciary and trustee in connection with the company's newly formed plan. The plan is also a defendant.
"Employee Retirement Income Security Act fiduciary duties are the highest standard of care known to the law and apply to those who manage employee benefit plans," said Jonathan Kay, regional director of the Labor Department's Employee Benefits Security Administration's New York Regional Office. "The department remains committed to ensuring that fiduciaries work solely in the interest of plan participants and beneficiaries."
The suit alleges that, in June 2005, First Bankers Trust Services allowed the plan to purchase 100 percent of the company's stock from Firor and Firor's relatives for $15.5 million. An investigation by EBSA determined that First Bankers Trust Services failed to comply with its duty to understand the valuation report that set the purchase price, identify and question assumptions in the report, and verify that the conclusions in the report were consistent with the company's financial data. As a result of First Bankers Trust Services' failure to comply with its fiduciary duties, the plan overpaid for the stock and suffered losses.
The suit seeks, among other things, to recover jointly from First Bankers Trust Services and Firor all losses suffered by the plan.
Rembar Inc. is engaged in the distribution and manufacturing of precision parts made from refractory metals. The suit was filed in the U.S. Court for the Southern District of New York and is being litigated by the department's Regional Office of the Solicitor in Manhattan. The suit is based on an investigation conducted by EBSA's New York Regional Office.
PROVIDING TROOP SERVICES IN AFGHANISTAN
Face of Defense: Soldier, Sailor Provide Troop Services
By Army Staff Sgt. Jeff Neff
Provincial Reconstruction Team Kandahar
KANDAHAR CITY, Afghanistan, Dec. 7, 2012 - Day-to-day operations at Camp Nathan Smith here wouldn't be the same without Army Sgt. 1st Class Andrew Currier and Navy Petty Officer 3rd Class Anthony McRoberts.
The duo work diligently behind the scenes in the Kandahar Provincial Reconstruction Team's personnel section as they provide much-needed services to KPRT members.
There isn't much that happens without their involvement, from personnel rosters and daily tracking to service members' finances, awards, and promotions.
When the mail arrives, soldiers and sailors wait patiently outside while Currier and McRoberts drive over and get it. Mail is an issue near and dear to all and serves as the lifeline from family members to the troops.
McRoberts, who's been in the Navy for two years, was born in Colorado Springs, Colo., and hails from Midland, Mich. He is based at Naval Air Station Coronado in San Diego on the USS Ronald Reagan. He plans to complete his bachelor's degree in information systems management.
McRoberts concurrently works as a Counter Radio Electronic Warfare Master Gunner. Being a CREW Master Gunner consists of radio frequency engineering for electronic warfare jamming systems involving reacting to and countering radio-controlled explosives.
Texas-born Currier is from San Antonio and now calls Newport News, Va., home. He is an Army reservist from the 450th Civil Affairs Battalion (Airborne) and has been in the Army for 22 years.
Currier served in a variety of duty positions, starting as a combat medic in the 1st Cavalry Division. He later served at the Walter Reed Army Institute of Research and then deployed to Iraq where he was in charge of a military police aid station.
Currier would later deploy to Kosovo where he served as first sergeant in a civil affairs detachment.
The Kandahar Provincial Reconstruction Team is a civil-military organization consisting of U.S. Navy and Army active-duty and reserve members who conduct operations to support the growth in capacity and capability of the Kandahar provincial government. KPRT works closely with other military units, civilian agencies, contractors and nongovernmental organizations to support the Afghan government's progress toward sustainable stability.
A NEW READY-TO-EAT MEAT AND POULTRY PRODUCT ADULTERANT TESTING POLICY
Photo Credit: USDA |
Consumers, Industry Benefit under FSIS Hold and Test Implementation
WASHINGTON, December 7, 2012 – The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) today announced that, beginning in 60 days, the Agency will require producers to hold shipments of non-intact raw beef and all ready-to-eat products containing meat and poultry until they pass Agency testing for foodborne adulterants.
"This new policy will reduce foodborne illnesses and the number of recalls by preventing contaminated products from reaching consumers," USDA Under Secretary for Food Safety Dr. Elisabeth Hagen said. "Many producers hold products until test results come back. We're encouraging others in the industry to make this a routine part of operations."
The new policy requires official establishments and importers of record to maintain control of products tested for adulterants by FSIS and not allow the products to enter commerce until negative test results are received. FSIS anticipates most negative test results will be determined within two days. The policy applies to non-intact raw beef products or intact raw beef products intended for non-intact use and that are tested by FSIS for Shiga-toxin producing Escherichia coli. Also, the policy applies to any ready-to-eat products tested by FSIS for pathogens.
FSIS developed the "hold and test" policy, which will reduce consumer exposure to unsafe meat products, based on public comment and input received on a Federal Register notice published in April 2011. FSIS estimates if this new requirement had been in place between 2007 through 2010, 49 of the 251 meat, poultry and processed egg product recalls that occurred during that time could have been prevented.
The notice will be posted shortly on the FSIS website at http://www.fsis.usda.gov/regulations_&_policies/
Federal_Register_Notices/index.asp and will be available at www.regulations.gov once it is published.
Today's announcement is the latest significant public health measure FSIS has put in place during this Administration to safeguard the food supply, prevent foodborne illness, and improve consumers' knowledge about the food they eat. These initiatives support the three core principles developed by the President's Food Safety Working Group: prioritizing prevention; strengthening surveillance and enforcement; and improving response and recovery. Other actions taken by the USDA include:
Labeling requirements that provide better information to consumers about their food by requiring nutrition information for single-ingredient raw meat and poultry products and ground or chopped products.
Public Health Information System, a modernized, comprehensive database with information on public health trends and food safety violations at the nearly 6,100 plants FSIS regulates.
Performance standards for poultry establishments for continued reductions in the occurrence of pathogens. After two years of enforcing the new standards, FSIS estimates that approximately 5,000 illnesses will be prevented each year under the new Campylobacter standards, and approximately 20,000 illnesses will be prevented under the revised Salmonella standards each year.
SEC CHARGES LAWYER WITH ISSUING FRAUDULENT OPINION LETTERS REGARDING ISSUANCE OF MICROCAP STOCK
FROM: U.S. SECURITIES AND EXCHANGE COMMISSION
Washington, D.C., Dec. 7, 2012 — The Securities and Exchange Commission today announced charges against a Florida-based securities lawyer for issuing fraudulent attorney opinion letters that resulted in more than 70 million shares of microcap stock becoming available for unrestricted trading by investors.
An attorney opinion letter is required from a licensed and duly authorized securities lawyer in order to facilitate the transfer of restricted microcap shares on the over-the-counter markets. In April 2010, the Pink Sheets (now OTC Markets Group) banned Guy M. Jean-Pierre of Pompano Beach, Fla., from issuing attorney opinion letters due to "repeated missing information and inconsistencies" about the issuers and his lack of due diligence in his past letters.
The SEC alleges that Jean-Pierre has since engaged in a scheme to continue writing and issuing attorney opinion letters in the name of his niece by applying her signature without her consent. Jean-Pierre (also known as Marcelo Dominguez de Guerra) sought to evade the ban by forming a new company called Complete Legal Solutions and misrepresenting that his niece was conducting the legal work that was allegedly performed.
"Securities lawyers are trusted gatekeepers in the issuance of stock, and it is particularly offensive when attorneys like Jean-Pierre blatantly break the rules and commit fraud," said Andrew M. Calamari, Director of the SEC’s New York Regional Office. "The SEC is committed to punishing offenders like Jean-Pierre as we continue to root out the enablers of microcap fraud in our markets."
According to the SEC’s complaint filed late yesterday in U.S. District Court for the Southern District of New York, Jean-Pierre hatched a plan within two weeks of his ban to continue issuing attorney opinion letters through Complete Legal and his niece’s identity. Jean-Pierre’s niece, a licensed attorney herself, was looking for work at the time. Jean-Pierre told his niece about his work issuing attorney opinion letters and offered to pay her to assist him. He suggested they form Complete Legal and asked her to send him three copies of her signature and a copy of her driver’s license. Jean-Pierre’s niece complied with his requests with the understanding this information was needed to incorporate Complete Legal. Afterwards, Jean-Pierre never requested that his niece do any legal work at Complete Legal and she was not compensated for any such work.
Instead, the SEC alleges that Jean-Pierre used the new company and his niece’s identity to continue his prior practice of issuing attorney opinion letters. Each of these letters contained fraudulent statements and falsely represented his niece as the signatory. Jean-Pierre’s niece did not write any of the letters and did not make the representations concerning the issuers. Jean-Pierre fabricated attorney opinion letters on Complete Legal letterhead for at least 11 companies that traded publicly on the Pink Sheets. Certain letters resulted in Pink Sheet issuers being granted the improved status of having adequate current information in the public domain under Rule 144(c)(2) of the Securities Act of 1933. This status kept the issuers from being tagged on the Pink Sheets’ website with a red "STOP" sign near its ticker symbol with the moniker of "OTC Pink No Information" and a large warning that the company "may not be making material information publicly available."
According to the SEC’s complaint, adequate current public information about an issuer must be available for certain selling security holders to comply with the Rule 144 safe harbor allowing companies to issue unregistered securities pursuant to Section 4(1) of the Securities Act. Jean-Pierre falsely issued letters bearing his niece’s signature to transfer agents opining that restrictive legends could be legally removed from either pre-existing stock certificates or newly issued stock certificates pursuant to Rules 144 or 504 of the Securities Act.
The SEC’s complaint alleges that Jean-Pierre violated Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The SEC is seeking disgorgement of ill-gotten gains with prejudgment interest and financial penalties, a permanent injunction, and a bar from participating in the offering of any penny stock pursuant to Section 20(g) of the Securities Act.
The SEC’s investigation, which is continuing, has been conducted by Megan Genet and Steven G. Rawlings in the New York Regional Office. Todd Brody, Barry Kamar, and Ms. Genet are handling the SEC’s litigation.
Washington, D.C., Dec. 7, 2012 — The Securities and Exchange Commission today announced charges against a Florida-based securities lawyer for issuing fraudulent attorney opinion letters that resulted in more than 70 million shares of microcap stock becoming available for unrestricted trading by investors.
An attorney opinion letter is required from a licensed and duly authorized securities lawyer in order to facilitate the transfer of restricted microcap shares on the over-the-counter markets. In April 2010, the Pink Sheets (now OTC Markets Group) banned Guy M. Jean-Pierre of Pompano Beach, Fla., from issuing attorney opinion letters due to "repeated missing information and inconsistencies" about the issuers and his lack of due diligence in his past letters.
The SEC alleges that Jean-Pierre has since engaged in a scheme to continue writing and issuing attorney opinion letters in the name of his niece by applying her signature without her consent. Jean-Pierre (also known as Marcelo Dominguez de Guerra) sought to evade the ban by forming a new company called Complete Legal Solutions and misrepresenting that his niece was conducting the legal work that was allegedly performed.
"Securities lawyers are trusted gatekeepers in the issuance of stock, and it is particularly offensive when attorneys like Jean-Pierre blatantly break the rules and commit fraud," said Andrew M. Calamari, Director of the SEC’s New York Regional Office. "The SEC is committed to punishing offenders like Jean-Pierre as we continue to root out the enablers of microcap fraud in our markets."
According to the SEC’s complaint filed late yesterday in U.S. District Court for the Southern District of New York, Jean-Pierre hatched a plan within two weeks of his ban to continue issuing attorney opinion letters through Complete Legal and his niece’s identity. Jean-Pierre’s niece, a licensed attorney herself, was looking for work at the time. Jean-Pierre told his niece about his work issuing attorney opinion letters and offered to pay her to assist him. He suggested they form Complete Legal and asked her to send him three copies of her signature and a copy of her driver’s license. Jean-Pierre’s niece complied with his requests with the understanding this information was needed to incorporate Complete Legal. Afterwards, Jean-Pierre never requested that his niece do any legal work at Complete Legal and she was not compensated for any such work.
Instead, the SEC alleges that Jean-Pierre used the new company and his niece’s identity to continue his prior practice of issuing attorney opinion letters. Each of these letters contained fraudulent statements and falsely represented his niece as the signatory. Jean-Pierre’s niece did not write any of the letters and did not make the representations concerning the issuers. Jean-Pierre fabricated attorney opinion letters on Complete Legal letterhead for at least 11 companies that traded publicly on the Pink Sheets. Certain letters resulted in Pink Sheet issuers being granted the improved status of having adequate current information in the public domain under Rule 144(c)(2) of the Securities Act of 1933. This status kept the issuers from being tagged on the Pink Sheets’ website with a red "STOP" sign near its ticker symbol with the moniker of "OTC Pink No Information" and a large warning that the company "may not be making material information publicly available."
According to the SEC’s complaint, adequate current public information about an issuer must be available for certain selling security holders to comply with the Rule 144 safe harbor allowing companies to issue unregistered securities pursuant to Section 4(1) of the Securities Act. Jean-Pierre falsely issued letters bearing his niece’s signature to transfer agents opining that restrictive legends could be legally removed from either pre-existing stock certificates or newly issued stock certificates pursuant to Rules 144 or 504 of the Securities Act.
The SEC’s complaint alleges that Jean-Pierre violated Section 17(a) of the Securities Act and Section 10(b) of the Securities Exchange Act of 1934 and Rule 10b-5. The SEC is seeking disgorgement of ill-gotten gains with prejudgment interest and financial penalties, a permanent injunction, and a bar from participating in the offering of any penny stock pursuant to Section 20(g) of the Securities Act.
The SEC’s investigation, which is continuing, has been conducted by Megan Genet and Steven G. Rawlings in the New York Regional Office. Todd Brody, Barry Kamar, and Ms. Genet are handling the SEC’s litigation.
ARMY GEN. DEMPSEY'S ETHICS RECOMMENDATIONS PRESENTED TO PRESIDENT OBAMA
Army General Martin E. Dempsey |
Panetta Briefs President on Dempsey Ethics Findings
By Jim Garamone
American Forces Press Service
WASHINGTON, Dec. 7, 2012 - Defense Secretary Leon E. Panetta has briefed President Barack Obama on Army Gen. Martin E. Dempsey's recommendations about general/flag officer ethics, Pentagon Press Secretary George Little said today.
The chairman of the Joint Chiefs of Staff presented two initial findings that Panetta took to the White House earlier this week.
Dempsey sent the secretary some initial findings "informed as a result of his year-long effort to renew the U.S. military's commitment to the profession of arms," Little told reporters.
The findings are part of the review of general and flag officer ethics training. As part of this effort, Panetta asked Dempsey to work with the Joint Chiefs to determine how to better foster a culture of stewardship among senior U.S. military leaders.
The first finding is that while there is appropriate ethics training in place for senior leaders, "we need to start earlier and reinforce that training more frequently in an officer's career," Little said. Ethics training is a part of each service's professional military education from initial entry training to general/flag officer education.
"Second, General Dempsey believes we must look at the level and type of support senior leaders receive in the execution of their duties to ensure it is necessary, and to ensure we are being consistent, sensible and efficient," Little said.
The chairman's intent is to direct consistency of support across the general officer/flag officer cadre and to determine whether it is appropriate, the press secretary said.
"What we're talking about here is the personnel infrastructure surrounding general and flag officers," Little said. There are different types of support that general and flag officers receive. For example, generals in command have an aide-de-camp, which is one level of support. They often have additional staff to help with more routine activities.
Little said the findings are an initial set of recommendations, and part of a long-term effort by the chairman.
"The secretary fully supports what Chairman Dempsey has done over the last year with respect to the profession of arms and this is going to be an on-going dialogue inside the Joint Chiefs and services," Little said. "We will see an evolution of discussion and potential actions depending on what General Dempsey, the chiefs and the secretary decide going forward."
Little said Dempsey has not reached conclusions on ethics training or support to senior military officers.
"The secretary is committed to giving the chairman and the chiefs the space they need to come forward with recommendations and to take actions on their own that may be appropriate for ethics for general and flag officers," the press secretary said.
Panetta strongly believes the vast majority of general and flag officers behave in a manner consistent with the highest standards of conduct, Little said.
COURT PERMANENTLY BARS DEFENDANTS FROM COMMODITIES INDUSTRY
FROM: U.S. COMMODITY FUTURES TRADING COMMISSION
Federal Court in New York Orders Defendants Forex Capital Trading Group, Forex Capital Trading Partners, and Highland Stone Capital Management to Pay over $1.8 Million for Fraud in Off-Exchange Foreign Currency Scheme
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that Judge Katherine B. Forrest of the U.S. District Court for the Southern District of New York entered a default judgment and permanent injunction order against defendants Forex Capital Trading Group, Inc. (Forex Group), Forex Capital Trading Partners, Inc. (Forex Partners), both of New York, N.Y., and Highland Stone Capital Management, L.L.C. (Highland Stone) of Rutherford, N.J. The order requires these defendants to pay a civil monetary penalty of $1,352,293 and to disgorge $450,764 of ill-gotten gains for the benefit of defrauded customers. The order also imposes permanent trading and registration bans against the defendants and prohibits them from violating the Commodity Exchange Act and CFTC regulations, as charged.
The order stems from a CFTC anti-fraud enforcement action filed on July 27, 2011 against these three companies and their principals (see CFTC Press Release 6083-11, July 28, 2011). The order finds that Forex Group, Forex Partners, and Highland Stone fraudulently solicited 106 customers who invested more than $2.8 million to trade retail foreign currency (forex). In soliciting customers, the defendants falsely claimed, on their websites and elsewhere, that their forex trading for customers was profitable for a period of several years, the order finds. The defendants’ claims included a falsely reported customer gain of 51.94 percent in 2010, a year, in fact, in which their customers lost more than $1.2 million. Overall, customers lost more than 93 percent of their total invested principal through the defendants’ forex trading, the order finds.
The order also finds that the defendants distributed false account statements to prospective customers showing profitable trading and acted in capacities requiring registration with the CFTC, but were not registered.
The CFTC’s litigation is continuing against the principals of Forex Partners and Forex Group, namely Susan G. Davis of Jersey City, N.J., and David E. Howard II, of New York, N.Y., and against the principal of Highland Stone, Joseph Burgos, of Rutherford, N.J.
The CFTC appreciates the assistance of the U.K. Financial Services Authority in this matter.
CFTC Division of Enforcement staff members responsible for this action are Susan B. Padove, Joy McCormack, Elizabeth Streit, Michael Geiser, Janine Gargiulo, Scott Williamson, Rosemary Hollinger, and Richard B. Wagner.
Federal Court in New York Orders Defendants Forex Capital Trading Group, Forex Capital Trading Partners, and Highland Stone Capital Management to Pay over $1.8 Million for Fraud in Off-Exchange Foreign Currency Scheme
Washington, DC - The U.S. Commodity Futures Trading Commission (CFTC) today announced that Judge Katherine B. Forrest of the U.S. District Court for the Southern District of New York entered a default judgment and permanent injunction order against defendants Forex Capital Trading Group, Inc. (Forex Group), Forex Capital Trading Partners, Inc. (Forex Partners), both of New York, N.Y., and Highland Stone Capital Management, L.L.C. (Highland Stone) of Rutherford, N.J. The order requires these defendants to pay a civil monetary penalty of $1,352,293 and to disgorge $450,764 of ill-gotten gains for the benefit of defrauded customers. The order also imposes permanent trading and registration bans against the defendants and prohibits them from violating the Commodity Exchange Act and CFTC regulations, as charged.
The order stems from a CFTC anti-fraud enforcement action filed on July 27, 2011 against these three companies and their principals (see CFTC Press Release 6083-11, July 28, 2011). The order finds that Forex Group, Forex Partners, and Highland Stone fraudulently solicited 106 customers who invested more than $2.8 million to trade retail foreign currency (forex). In soliciting customers, the defendants falsely claimed, on their websites and elsewhere, that their forex trading for customers was profitable for a period of several years, the order finds. The defendants’ claims included a falsely reported customer gain of 51.94 percent in 2010, a year, in fact, in which their customers lost more than $1.2 million. Overall, customers lost more than 93 percent of their total invested principal through the defendants’ forex trading, the order finds.
The order also finds that the defendants distributed false account statements to prospective customers showing profitable trading and acted in capacities requiring registration with the CFTC, but were not registered.
The CFTC’s litigation is continuing against the principals of Forex Partners and Forex Group, namely Susan G. Davis of Jersey City, N.J., and David E. Howard II, of New York, N.Y., and against the principal of Highland Stone, Joseph Burgos, of Rutherford, N.J.
The CFTC appreciates the assistance of the U.K. Financial Services Authority in this matter.
CFTC Division of Enforcement staff members responsible for this action are Susan B. Padove, Joy McCormack, Elizabeth Streit, Michael Geiser, Janine Gargiulo, Scott Williamson, Rosemary Hollinger, and Richard B. Wagner.
INTERVIEW WITH EXPEDITION 34/35 FLIGHT ENGINEER TOM MARSHBURN
FROM: NASA
ISS Update: Interview with Expedition 34/35 Flight Engineer Tom Marshburn
NASA Public Affairs Officer Kyle Herring conducts a telephone interview Dec. 3, 2012, with NASA astronaut and Expedition 34 Flight Engineer Tom Marshburn.U.S. STATE DEPARTMENT OFFICIAL DISCUSSES SPACE SECURITY
FROM: U.S. STATE DEPARTMENT
Remarks: Strengthening Security in Space through Transparency and Confidence-Building Measures
Remarks
Frank A. Rose
Deputy Assistant Secretary, Bureau of Arms Control, Verification and Compliance
ASEAN Regional Forum Space Security Workshop
Hoi An, Vietnam
December 6, 2012
I am very pleased and honored to join you here today to discuss space security in such a beautiful location in one of the most dynamic and important regions in the world. I’d like to thank our hosts in the Vietnamese Ministry of Foreign Affairs, as well as the Australian Department of Foreign Affairs and Trade for organizing such an important and timely conference.
What is "space security?"
Before I discuss in depth the topic of this speech "transparency and confidence-building measures (TCBMs) and how they help strengthen the security and stability of the space environment", I’d like to first talk briefly about what "space security and stability" means.
Today, space systems are vital to the daily life and workings of every nation around the world and their peoples. Space systems enhance our national security, foreign policy, and global economic interests; they expand scientific knowledge; and they improve life on the ground through weather forecasting, environmental monitoring, and city planning. Yet for all that we depend on it, we face a number of challenges in the space arena, including orbital congestion, situational awareness, and collision avoidance, all of which require our focused attention and concerted efforts to address as they directly affect the security and stability of space.
Each of the nations here likely has a different interpretation of what "space security" means based principally upon each respective country’s national interests. Based on the U.S. National Space Policy and other Presidential guidance, as well as our obligations under the 1967 Outer Space Treaty and other international law, we in the United States associate "security" as it relates to space with the pursuit of those activities that ensure the sustainability, stability, and free access to, and use of, outer space in support of a nation’s vital interests. This interpretation is supported by long-standing principles of space law and including:
All nations have the right to explore and use space for peaceful purposes, and for the benefit of all humanity, in accordance with international law. Consistent with this principle, "peaceful purposes" allows for space to be used for national and homeland security activities.
The space systems of all nations have the rights of passage through, and conduct of operations in, space without interference. Purposeful interference with space systems, including supporting infrastructure, will be considered, in the U.S. view, an infringement of a nation’s rights.
Unless the international community adopts pragmatic and constructive measures in the near-term to avoid collisions and curb irresponsible behavior, the space environment around our planet will become increasingly hazardous to both human and robotic spaceflight. The United States and many nations around the world are pursuing a variety of unilateral, bilateral, and multilateral transparency and confidence-building measures to address these challenges and to strengthen long-term sustainability, stability, safety, and security in space.
What are TCBMs?
Today, the international community increasingly recognizes the usefulness of transparency and confidence building measures, or TCBMs, as a way to promote openness and to reduce tensions between nations, particularly in areas where misperceptions may exist. Additionally, while declarations of national intentions or pledges of responsible behavior in the future are certainly desirable, they may not be enough to reduce suspicions. To overcome mistrust requires building confidence between nations, which can only be achieved with transparency, openness, and predictability through such things as information-sharing and personal contact.
Confidence-building measures have been used successfully in bilateral, regional, and multilateral setting since the Cold War. For example, during the Cold War measures such as the "hot-line" agreement, data exchanges, and reciprocal visits between the United States and the Soviet Union helped ease tensions and reduce the risk of accidents. The United Nations and the international community have formally recognized the contributions of TCBMs to peace, security, and disarmament since the 1970s. The successful history of TCBMs in other areas, such as strategic nuclear and conventional forces, suggests that TCBMs can also make an important contribution in the space field.
TCBMS for Outer Space
Activities in space are often the source of uncertainty, suspicions, and mistrust, in part due to the frequently classified technologies and systems used by the military and intelligence organizations of spacefaring nations; the inherent difficulty in monitoring space related activities, deployments, and operations; and sometimes in attributing irresponsible behavior. As former UN Secretary General Boutros Boutros-Ghali said,
"To avoid conflicts based on misperceptions and mistrust, it is imperative that we promote transparency and other confidence-building measures – in armaments, in threatening technologies, in space and elsewhere."
Space-related TCBMs enable us to address critical areas such as orbital debris, space situational awareness, and collision avoidance, and through them help to increase familiarity and trust and encourage openness among space actors. Broad support for TCBMs also provides a foundation upon which the international community can build.
Ongoing TCBM Efforts
Currently there are a number of on-going efforts to establish multilateral TCBMs—the work of the UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS), the study by the UN Group of Governmental Experts (GGE) on Space TCBMs, and the proposed International Code of Conduct for Outer Space Activities. Experts on all three of these efforts have already presented to you today, so I will just touch on them briefly.
While many approaches to ensuring stability in space come from the top down, there is great value in "bottom-up" approaches from experts and satellite operators, such as the work of the Working Group on Long-Term Sustainability of Space Activities of the Scientific and Technical Subcommittee of UNCOPUOS. This Working Group is a key forum for the international development of "best practices guidelines" for space activities. Many of the best practice guidelines addressed by this working group are integral to our efforts to pursue TCBMs that enhance sustainability in space.
A second multilateral TCBM effort currently being undertaken is the UN GGE study on Outer Space TCBMs, for which I serve as the U.S. expert. Under the able chairmanship of Victor Vasiliev of Russia, the Group of Governmental Experts offers a unique opportunity to advance international consensus on a the range of voluntary and non-legally binding TCBMs in space that have the potential to mitigate the dangers and risks in an increasingly contested and congested space environment. As part of its effort to draw upon as much expertise as possible, the GGE welcomes written recommendations from intergovernmental bodies, industry and private sector, civil society, and other UN Member States not already represented in the group. While the 15 members of the GGE may not reach consensus to endorse all TCBMs proposed by UN Member States and NGOs, I believe the GGE can produce a substantial list of voluntary, pragmatic TCBMs that work to solve concrete problems and enhance the stability and security of the space environment for all spacefaring nations.
Perhaps one of the most beneficial ways to promote responsible behavior in space could be the adoption of "rules of the road." In that vein, the European Union is leading efforts to develop an International Code of Conduct for Outer Space Activities, the third multilateral effort. An International Code of Conduct, if adopted, would help prevent mishaps, misperceptions, and mistrust in space by establishing non-legally binding guidelines that reduce the hazards of accidental and purposeful debris-generating events. It would encourage all spacefaring nations to act responsibly in a space environment that is increasingly congested and contested. It would also address the challenge of collision avoidance by increasing the transparency of operations in space.
TCBMs can also be undertaken regionally, bilaterally, and unilaterally. Through panels, conversations, and tomorrow’s breakout session, this forum can be a great opportunity for creating confidence among nations in the Asia-Pacific region. Next week’s meeting of the Asia Pacific Regional Space Agency Forum, although civil in nature, also creates confidence between nations through information-sharing and cooperation on projects. Bilaterally, dialogues between nations on space security issues, the sharing of space policies and budgets, expert visits, military-to-military exchanges, and information exchanges on natural and debris hazards can all be effective TCBMs.
From a national perspective, we in the United States recognize the importance of space situational awareness in order to prevent collisions between satellites and/or other orbiting objects. As a result, we are seeking to improve our ability to share information on space objects with other space-faring nations as well as with industry partners. The United States also provides notifications to other governments and commercial satellite operators of potentially hazardous conjunctions between orbiting objects. To establish two-way information exchanges with foreign satellite operators and to facilitate the urgent transmission of notifications of potential space hazards, we are currently reaching out to space-faring nations and organizations to ensure that our Joint Space Operations Center, or JSpOC, has current contact information for both government and private sector satellite operations centers.
In Conclusion
As U.S. Secretary of State Hillary Clinton has said earlier this year:
"The long-term sustainability of our space environment is at serious risk. […] Unless the international community addresses these challenges, the environment around our planet will become increasingly hazardous to human spaceflight and satellite systems, which would create damaging consequences for all of us."
The international community is more reliant on space than ever and the long-term sustainability of our space activities is at serious risk. Accidents or irresponsible acts against space systems would not just harm the space environment, but would also disrupt services that the citizens, businesses, and nations around the world depend on.
Ensuring the long-term sustainability, stability, safety, and security of the space environment and protecting it for future generations are in the vital interests of the United States, the members of ASEAN, and the entire global community. To do this, however, we must overcome misperceptions and suspicions by taking a step-by-step approach to building confidence and creating understanding through TCBMs.
Thank you very much.
Deputy Assistant Secretary Frank Rose. |
FROM: U.S. STATE DEPARTMENT
Remarks: Strengthening Security in Space through Transparency and Confidence-Building Measures
Remarks
Frank A. Rose
Deputy Assistant Secretary, Bureau of Arms Control, Verification and Compliance
ASEAN Regional Forum Space Security Workshop
Hoi An, Vietnam
December 6, 2012
I am very pleased and honored to join you here today to discuss space security in such a beautiful location in one of the most dynamic and important regions in the world. I’d like to thank our hosts in the Vietnamese Ministry of Foreign Affairs, as well as the Australian Department of Foreign Affairs and Trade for organizing such an important and timely conference.
What is "space security?"
Before I discuss in depth the topic of this speech "transparency and confidence-building measures (TCBMs) and how they help strengthen the security and stability of the space environment", I’d like to first talk briefly about what "space security and stability" means.
Today, space systems are vital to the daily life and workings of every nation around the world and their peoples. Space systems enhance our national security, foreign policy, and global economic interests; they expand scientific knowledge; and they improve life on the ground through weather forecasting, environmental monitoring, and city planning. Yet for all that we depend on it, we face a number of challenges in the space arena, including orbital congestion, situational awareness, and collision avoidance, all of which require our focused attention and concerted efforts to address as they directly affect the security and stability of space.
Each of the nations here likely has a different interpretation of what "space security" means based principally upon each respective country’s national interests. Based on the U.S. National Space Policy and other Presidential guidance, as well as our obligations under the 1967 Outer Space Treaty and other international law, we in the United States associate "security" as it relates to space with the pursuit of those activities that ensure the sustainability, stability, and free access to, and use of, outer space in support of a nation’s vital interests. This interpretation is supported by long-standing principles of space law and including:
The space systems of all nations have the rights of passage through, and conduct of operations in, space without interference. Purposeful interference with space systems, including supporting infrastructure, will be considered, in the U.S. view, an infringement of a nation’s rights.
Unless the international community adopts pragmatic and constructive measures in the near-term to avoid collisions and curb irresponsible behavior, the space environment around our planet will become increasingly hazardous to both human and robotic spaceflight. The United States and many nations around the world are pursuing a variety of unilateral, bilateral, and multilateral transparency and confidence-building measures to address these challenges and to strengthen long-term sustainability, stability, safety, and security in space.
What are TCBMs?
Today, the international community increasingly recognizes the usefulness of transparency and confidence building measures, or TCBMs, as a way to promote openness and to reduce tensions between nations, particularly in areas where misperceptions may exist. Additionally, while declarations of national intentions or pledges of responsible behavior in the future are certainly desirable, they may not be enough to reduce suspicions. To overcome mistrust requires building confidence between nations, which can only be achieved with transparency, openness, and predictability through such things as information-sharing and personal contact.
Confidence-building measures have been used successfully in bilateral, regional, and multilateral setting since the Cold War. For example, during the Cold War measures such as the "hot-line" agreement, data exchanges, and reciprocal visits between the United States and the Soviet Union helped ease tensions and reduce the risk of accidents. The United Nations and the international community have formally recognized the contributions of TCBMs to peace, security, and disarmament since the 1970s. The successful history of TCBMs in other areas, such as strategic nuclear and conventional forces, suggests that TCBMs can also make an important contribution in the space field.
TCBMS for Outer Space
Activities in space are often the source of uncertainty, suspicions, and mistrust, in part due to the frequently classified technologies and systems used by the military and intelligence organizations of spacefaring nations; the inherent difficulty in monitoring space related activities, deployments, and operations; and sometimes in attributing irresponsible behavior. As former UN Secretary General Boutros Boutros-Ghali said,
"To avoid conflicts based on misperceptions and mistrust, it is imperative that we promote transparency and other confidence-building measures – in armaments, in threatening technologies, in space and elsewhere."
Space-related TCBMs enable us to address critical areas such as orbital debris, space situational awareness, and collision avoidance, and through them help to increase familiarity and trust and encourage openness among space actors. Broad support for TCBMs also provides a foundation upon which the international community can build.
Ongoing TCBM Efforts
Currently there are a number of on-going efforts to establish multilateral TCBMs—the work of the UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS), the study by the UN Group of Governmental Experts (GGE) on Space TCBMs, and the proposed International Code of Conduct for Outer Space Activities. Experts on all three of these efforts have already presented to you today, so I will just touch on them briefly.
While many approaches to ensuring stability in space come from the top down, there is great value in "bottom-up" approaches from experts and satellite operators, such as the work of the Working Group on Long-Term Sustainability of Space Activities of the Scientific and Technical Subcommittee of UNCOPUOS. This Working Group is a key forum for the international development of "best practices guidelines" for space activities. Many of the best practice guidelines addressed by this working group are integral to our efforts to pursue TCBMs that enhance sustainability in space.
A second multilateral TCBM effort currently being undertaken is the UN GGE study on Outer Space TCBMs, for which I serve as the U.S. expert. Under the able chairmanship of Victor Vasiliev of Russia, the Group of Governmental Experts offers a unique opportunity to advance international consensus on a the range of voluntary and non-legally binding TCBMs in space that have the potential to mitigate the dangers and risks in an increasingly contested and congested space environment. As part of its effort to draw upon as much expertise as possible, the GGE welcomes written recommendations from intergovernmental bodies, industry and private sector, civil society, and other UN Member States not already represented in the group. While the 15 members of the GGE may not reach consensus to endorse all TCBMs proposed by UN Member States and NGOs, I believe the GGE can produce a substantial list of voluntary, pragmatic TCBMs that work to solve concrete problems and enhance the stability and security of the space environment for all spacefaring nations.
Perhaps one of the most beneficial ways to promote responsible behavior in space could be the adoption of "rules of the road." In that vein, the European Union is leading efforts to develop an International Code of Conduct for Outer Space Activities, the third multilateral effort. An International Code of Conduct, if adopted, would help prevent mishaps, misperceptions, and mistrust in space by establishing non-legally binding guidelines that reduce the hazards of accidental and purposeful debris-generating events. It would encourage all spacefaring nations to act responsibly in a space environment that is increasingly congested and contested. It would also address the challenge of collision avoidance by increasing the transparency of operations in space.
TCBMs can also be undertaken regionally, bilaterally, and unilaterally. Through panels, conversations, and tomorrow’s breakout session, this forum can be a great opportunity for creating confidence among nations in the Asia-Pacific region. Next week’s meeting of the Asia Pacific Regional Space Agency Forum, although civil in nature, also creates confidence between nations through information-sharing and cooperation on projects. Bilaterally, dialogues between nations on space security issues, the sharing of space policies and budgets, expert visits, military-to-military exchanges, and information exchanges on natural and debris hazards can all be effective TCBMs.
From a national perspective, we in the United States recognize the importance of space situational awareness in order to prevent collisions between satellites and/or other orbiting objects. As a result, we are seeking to improve our ability to share information on space objects with other space-faring nations as well as with industry partners. The United States also provides notifications to other governments and commercial satellite operators of potentially hazardous conjunctions between orbiting objects. To establish two-way information exchanges with foreign satellite operators and to facilitate the urgent transmission of notifications of potential space hazards, we are currently reaching out to space-faring nations and organizations to ensure that our Joint Space Operations Center, or JSpOC, has current contact information for both government and private sector satellite operations centers.
In Conclusion
As U.S. Secretary of State Hillary Clinton has said earlier this year:
"The long-term sustainability of our space environment is at serious risk. […] Unless the international community addresses these challenges, the environment around our planet will become increasingly hazardous to human spaceflight and satellite systems, which would create damaging consequences for all of us."
The international community is more reliant on space than ever and the long-term sustainability of our space activities is at serious risk. Accidents or irresponsible acts against space systems would not just harm the space environment, but would also disrupt services that the citizens, businesses, and nations around the world depend on.
Ensuring the long-term sustainability, stability, safety, and security of the space environment and protecting it for future generations are in the vital interests of the United States, the members of ASEAN, and the entire global community. To do this, however, we must overcome misperceptions and suspicions by taking a step-by-step approach to building confidence and creating understanding through TCBMs.
Thank you very much.
Friday, December 7, 2012
U.S. SMALL BUSSINESS ADMINISTRATION PROVIDES OVER $150 MILLION IN LOW-INTEREST DISASTER LOANS
FROM: U.S. SMALL BUSSINESS ADMINISTRATION
SBA Approves More than $150 Million in Disaster Loans
To Hurricane Sandy Survivors
WASHINGTON – A month after Hurricane Sandy devastated the East Coast, the U.S. Small Business Administration has approved more than $150 million in low-interest disaster loans to about 2,500 homeowners, renters and businesses in New York, New Jersey, Connecticut and Rhode Island.
"During the past month I’ve visited disaster centers and spoken with people who are struggling to reclaim communities and businesses that were devastated by Hurricane Sandy, and I was impressed by their determination to rebuild stronger," said SBA Administrator Karen G. Mills. "The SBA is there to support the long-term recovery of the disaster areas, and we will make sure that as many people as possible get the help they need to become whole again."
Through Thursday, the precise total was $156.56 million to 2,507 residents and businesses.
For more information about SBA disaster loans, visit www.sba.gov/sandy.
SBA Approves More than $150 Million in Disaster Loans
To Hurricane Sandy Survivors
WASHINGTON – A month after Hurricane Sandy devastated the East Coast, the U.S. Small Business Administration has approved more than $150 million in low-interest disaster loans to about 2,500 homeowners, renters and businesses in New York, New Jersey, Connecticut and Rhode Island.
"During the past month I’ve visited disaster centers and spoken with people who are struggling to reclaim communities and businesses that were devastated by Hurricane Sandy, and I was impressed by their determination to rebuild stronger," said SBA Administrator Karen G. Mills. "The SBA is there to support the long-term recovery of the disaster areas, and we will make sure that as many people as possible get the help they need to become whole again."
Through Thursday, the precise total was $156.56 million to 2,507 residents and businesses.
For more information about SBA disaster loans, visit www.sba.gov/sandy.
DESIGNATIONS OF GLOBAL TERRORISTS FOR "UNITY AND JIHAD" AND TWO LEADERS
A beach used by tourists west of Algiers. |
FROM: U.S. DEPARTMENT OF STATE
Terrorist Designations of the Movement for Unity and Jihad in West Africa, Hamad el Khairy, and Ahmed el Tilemsi
Media Note
Office of the Spokesperson
Washington, DC
December 7, 2012
The Department of State has designated the Movement for Unity and Jihad in West Africa (MUJWA, also known by MUJAO), Hamad el Khairy, and Ahmed el Tilemsi, two of the organization’s leaders, as Specially Designated Global Terrorists under Executive Order (E.O.) 13224, which targets terrorists and those providing support to terrorists or acts of terrorism. As a result of the designation, all property subject to U.S. jurisdiction in which MUJWA, Khairy, or Tilemsi has any interest is blocked and U.S. persons are prohibited from engaging in any transactions with them or to their benefit.
In addition to today’s domestic designation under E.O. 13224, MUJWA is also listed by the United Nations 1267/1989 al-Qa’ida Sanctions Committee. The UN listing requires all member states to implement an assets freeze, a travel ban, and an arms embargo against MUJWA. The UN action demonstrates international resolve in eliminating MUJWA’s violent activities in Mali and the surrounding region.
MUJWA was created in September 2011 after members broke off from al-Qa’ida in the Islamic Maghreb (AQIM) in order to spread their activities into West Africa. MUJWA has been behind violent terrorist attacks and kidnappings in the region, including the October 2011 abduction of three aid workers from a refugee camp in western Algeria; a March 2012 suicide attack on a police base in Tamanrasset, Algeria, which wounded 23 people; and a June 2012 attack in Ouargla, Algeria, which killed one and injured three. MUJWA was also responsible for the April 2012 kidnapping of seven Algerian diplomats in Gao, Mali. Although three of the diplomats have since been released, MUJWA continues to make demands in exchange for the release of the remaining diplomats, and has threatened to kill the hostages if those demands are unmet.
Hamad el Khairy and Ahmed el Tilemsi are both founding leaders of MUJWA. Khairy has been involved in MUJWA’s kidnapping for ransom operations, personally claiming the group’s April 2012 abduction of Algerian diplomats, and has appeared in MUJWA videos to make threats against those who oppose the organization. Prior to his leadership role in MUJWA, Khairy was a member of AQIM, and was involved in planning terrorist operations against Mauritania in 2007. Tilemsi acts as MUJWA’s military head, and directly participated in the group’s October 2011 kidnapping of three aid workers in Algeria, which left two wounded by gunfire. Before joining MUJWA, Tilmesi was also affiliated with AQIM, and participated in that organization’s January 2011 abduction of two French nationals in Niamey, Niger.
U.S. NAVY ADM. WINNEFELD HONORS VETERANS OF PEARL HARBOR ATTACK
Winnefeld Honors Pearl Harbor Veterans
By Claudette Roulo
American Forces Press Service
WASHINGTON, Dec. 7, 2012 - "What a wonderful idea America is," the vice chairman of the Joint Chiefs of Staff said today at the National World War II Memorial during the observance of the 71st anniversary of the Japanese attack on Pearl Harbor in Hawaii.
"On that now infamous day ... our nation learned in horror that Japanese forces had shattered a peaceful Hawaiian Sunday morning," Navy Adm. James A. Winnefeld Jr. said of the Dec. 7, 1941, surprise Japanese air attack on the U.S. naval base at Pearl Harbor, which killed more than 2,400 Americans and shattered a good portion of the U.S. Pacific fleet.
The more than 350 Japanese aircraft that took part in the attack were dispatched from six aircraft carriers. Nineteen U.S. ships were sunk or damaged. All eight of the U.S. Navy's battleships at Pearl Harbor were hit and four were sunk. Of the more than 300 American aircraft destroyed or damaged, most were still on the ground.
The attack shocked the nation "but it also stirred a quiet and peace-loving people to action," Winnefeld said.
More than 16 million service members fought in World War II, and the memorial's 4,048 gold stars represent the more than 400,000 service members who were killed or missing in action.
"This memorial is a very sacred place where we come to visit, to remember, to reflect and commemorate the defining moments of World War II," said Mick Kicklighter, a retired Army lieutenant general and chairman of the board for the Friends of the National World War II Memorial.
Veterans of World War II fought against great odds, Kicklighter said.
"Not only did they fight and win that war and save this nation, but they literally saved the world," Kicklighter said. "This nation will never forget ... those who gave all their tomorrows."
"Here on this sacred ground, we mark the price of freedom," Winnefeld said. "So, it's appropriate that the memorial honoring the service and sacrifice of so many in that conflict is our setting for today."
Today the U.S. military "is involved in another conflict half-a-world away, as the result of a different surprise attack on American soil that killed nearly 3,000 of our fellow Americans in one day," the admiral said, referring to the Sept. 11, 2001, attacks on the United States.
At that time, Winnefeld was the commander of the aircraft carrier USS Enterprise, which was returning home from a routine deployment. The ties between those two attacks and the wars that followed include the roles played by his ship and the previous Enterprise, both of which launched the first strikes in response to surprise attacks on the United States.
"Now, imagine yourself aboard USS Enterprise on the night of those first strikes," the admiral said. "Here's part of what [I] told her crew: 'Aboard Enterprise, good evening shipmates. The last time America actually went to war to defend against an attack on our homeland was almost exactly 60 years ago ... tonight a ship named Enterprise will again be an integral part of our nation's response. And, like 1941, this war is a little more personal than defending our vital interests. We're defending our families.'"
"The men and women who today wear the cloth of our nation walk confidently in your footsteps. They look up to you -- specifically to you. They live your legacy as members of the next greatest generation," Winnefeld told the World War II veterans in the audience.
"Today we pause to honor you and to salute those who won that war and paved the way for our nation's prosperity and leadership over the last seven decades," he added.
"Memorials like this beautiful memorial in which we're having this ceremony and days of remembrance like this, try as we might, will never be able to adequately recognize your service and sacrifice," the admiral told the veterans. "But we can thank you for what you've done for our nation."
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