Tuesday, October 8, 2013

SECRETARY OF STATE KERRY'S REMARKS AT APEC CEO SUMMIT

FROM:  U.S. STATE DEPARTMENT 
Remarks at the APEC CEO Summit
Remarks
John Kerry
Secretary of State
Bali International Convention Center
Bali, Indonesia
October 7, 2013

Thank you, Wishnu, very, very much. It’s a great pleasure for me to be here, and an honor to be able to address you. And on behalf of President Obama, I want to thank our hosts in Indonesia for an absolutely, extraordinary generous hospitality, and I particularly – I think you will join me in feeling that they have been remarkable in their leadership in the course of this summit. So I thank them.

Let me echo the regret President Obama expressed personally to President Yudhoyono that he could not be here this week. I know he really was looking forward, genuinely to being here. I want you all to know that in 2004, obviously, I worked very, very hard to replace a president – this is not what I had in mind. (Laughter.)

But I also want to make it very clear to everybody: No one should mistake what is happening in Washington as anything more than a moment of politics. We’ve all seen it before; we’ll probably see it again, but I guarantee you we will move beyond this and we will move beyond it with strength and determination.

One of the things that encourages me enormously is the recent news that the United States of America is now the world’s largest energy – oil and gas – supplier, and we are renewing manufacturing. Our innovation is strong, our debt is coming down, our deficit is coming down, and I am absolutely confident that the innovation and strength that has characterized our economy for some period of time will continue well beyond this moment being considerably forgotten by all of you.

I want to emphasize that there is nothing that will shake the commitment of the United States to the rebalance to Asia that President Obama is leading. And I think it’s fair to say to all of you that we are very, very proud to be a Pacific nation. We are inextricably linked to this region by ties of geography, of history, culture, economics, and frankly the blood and the treasure that we expended to help lay the framework for the architecture on which prosperity is now being built.

The Asia Pacific region, which we are all a part of, is by far the largest, the fastest-growing, and the most dynamic economic region in the world. But in the 21st century, happily, our lives are defined not just by the work of troops or of diplomats, but increasingly by the efforts of entrepreneurs and executives, of the private sector – those of you and the businesses you build, and the workers that you employ, the places that you invest, the partnerships that you forge, and the students who represent the future of this multinational, multicultural, and multigenerational relationship that is being built in the dawn of the 21st century.

This is an exciting time. It’s an extraordinary time of transformation and change. And I know that every one of you come here with a sense of excitement and a sense of the possibilities that come with that. Quite simply, how this region grows, and how we engage the 2.7 billion customers who live here, that will shape the future of the world’s economy.

And the numbers tell a very important part of this story: More than half of global GDP is represented by this region. Half of global trade happens in this region. When you list the United States top 10 trading partners, half are APEC economies. We send more than half of our exports to this region. And over the next five years, nearly half of all the economic growth that will happen outside of the United States will happen in the Asia Pacific region. So if you put it all together, it is obvious why all of us, the private sector and the public sector, have a stake in the choices that we will make in the days ahead. But make no mistake, they are choices, and they will require the private sector and the public sector to work together like never before, in order to make the right choices.

As you know, when President Obama took office, the top priority had been creating new jobs and security for America’s middle class. And he also knows that can’t happen, and it won’t happen – and to the degree it’s happened, it hasn’t happened without your participation. What you sell, what you buy, where you invest – these are all major parts of the equation. And that’s why President Obama has worked hard to grow our exports by more than 50 percent since taking office, and two-way trade between the United States and other APEC economies has grown by nearly the same amount during the same period. Today, both American exports and American trade with APEC stands at record levels.

And when I became Secretary of State, I reminded my colleagues in the Senate during my confirmation hearing that foreign policy today is more than ever economic policy. National security is not just about the threats that we face – and we’re all familiar with those threats – but it’s about what we can do to prevent the seeds of tomorrow’s threats from being planted today. In a world where vast populations of young people are exploding on the scene with aspirations and demands, all interconnected by the social media, at that time anarchy and terror are sometimes offered as alternatives to the fulfillment of those jobs and opportunity, to the fulfillment of good governance.

And so we have a special challenge, all of us together – nobody’s exempt. There’s no business sector over here and government over here. It’s joined together, and it’s critical that we act together and work together. The consequences of failing to do so are staring at all of us – in Syria, Egypt, Afghanistan, Pakistan, and other parts of the world where young people – young people – remember what happened in Tunisia was a reflection of the aspirations of a fruit vendor who rebelled against corruption simply because he wanted to be able to live his life and sell his goods. What happened in Tahrir Square was without any religious overtones or connotations. It was again young people texting each other, using smart phones, talking about the possibilities of the future. And so it was in Syria, too, where young people wanted a voice in the future, and were met instead with violence.

So I would say to you that with all of their potential, it screams for the chance to fulfill their basic aspirations, and that is what we have to think about, even as we make bottom-line economic choices.

So it is clear: We have a stake in each other’s success. And that’s one of the reasons why multilateral fora like APEC and ASEAN are, frankly, so important in this modern context. And it’s why we are working to complete the Trans-Pacific Partnership negotiations by the end of this year. TPP, which is so critical – and to emphasize how critical it is, President Obama has sent our Secretary of Commerce Penny Pritzker, who is here sitting in the front, and our U.S. Trade Representative Ambassador Mike Froman sitting over here – because we understand how critical this is.

At its core, TPP is about generating growth for our economies and jobs for our people by unleashing a wave of investment and entrepreneurship all across the Asia Pacific. And at a time when we, all of us, seek strong and sustainable growth, TPP is creating a race to the top not to the bottom. It’s reaching for the highest standards of any trade agreement in history. And I will tell you that is good for businesses, it’s good for workers, it’s good for economics, it’s good for stability, it’s good for relationships between countries.

It’s important to remember that all the impressive statistics that we cite about this region and all the exciting projections about our shared future, they’re not just an accident. APEC economies are thriving because over the last 25 years, countries of the region lowered barriers on trade and investment, and that has accelerated growth as much as any other single thing.

APEC has played a critical role in that success by helping governments to align their standards and their practices, by lowering the barriers for women to be full participants, and by making it easier for businesses to reach across borders and find new markets. But the truth is, that is not enough. That alone will not produce success. In this constantly changing marketplace, governments have a huge responsibility to become even more agile, more responsible, and even more responsive to people and to the demands of the business community.

And that means we need to listen carefully to all of you who are on the front lines making the investments, making the decisions, and doing the business of creating businesses and jobs. I want to emphasize, we in governance need you, the leaders of commerce, we need your creativity as the drivers of gatherings like APEC and like the CEO Leaders Summit. And we need you to keep pushing governments forward and urging them to adapt.

Just last night I had the privilege of having dinner with a group of the CEOs, as many of you all did, and I listened to some of them express frustration with policy makers who accept, in principle, certain notions about how we should do business, but in practice often revert to other choices, including protectionism.

Protectionism, my friends, is not a problem because it shuts someone out of the market – though that is a problem. Protectionism is a problem because it stifles opportunity, because it narrows the market, because it crushes the energy of the marketplace, where new solutions are created through that energy. And history has proven again and again, a freer market creates more opportunity, more growth, more dynamism, more innovation, and no one knows that better, I think, than the CEOs who are gathered here.

But I also want to emphasize something. You’ve heard many speakers this week celebrate the economic vitality of this region, and well they should. But I hope it’s not a secret to say to you that there is nothing automatic that says that that will be the future. Nothing automatic. The prosperity that you share today and we are witnessing today did not arrive by accident, and neither is its continuance inevitable. You know as well as anyone that capital looking for a place to invest will seek either the fastest or the safest or a combination of the two, for the return on investment, regardless of geography, regardless of nationality. Capital wants certainty in the political process, and the battle for the future is a battle about competitiveness. And part of what makes a region competitive for investors, is obviously the consistent, predictable business climate that is conducive to success.

There is no question that the most successful markets of the next 25 years will be determined in large measure by how well they demonstrate openness, transparency, inclusivity, and accountability. Now I’m not talking just about high-minded principles. I’m talking about pragmatic choices that will define this region and other regions around the world. I’m talking about a path to long term, shared prosperity.

In your businesses, you all know that connectivity and innovation are the key to success. And you know the kind of environment that you need for innovation to be able to thrive. In the United States, I’m proud to say to you – not arrogantly, but just as a matter, I think, of a reality that the key to our productivity over the last 50 years has been the freedom of this innovation. The entrepreneurial spirit that allows somebody in America to take a risk and take a chance and to find a Google or an Apple or any other number of great businesses historically. That really is what has defined America, and it’s the centerpiece of our continued growth and success, even today. The gas that we are currently using from shale is the result of new technology, of pushing that curve.

And our world-changing businesses and our world-class universities – schools like the one that drew Wishnu across the Pacific to study in Los Angeles – these are a critical component of our economic foundation. It has been proven again and again that the next innovation in technology or the next great stride in medicine is most likely to be created in countries where citizens are free to share ideas, move capital around, free to try new things, free to fail, and where the laws are clear and equitable and where you know that the profits that flow from your ideas will be protected.

In order for businesses to fully unlock the promise of the great Asia Pacific market, or to realize the potential of a booming middle class a billion people strong, we need updated rules that protect not just the basic decisions about moving goods and services, but also protect the spirit of innovation on which the economies of the future are already being built.

We need modern rules for a changing road, rules that keep pace with the speed of today’s markets. We need norms that protect us from competitive disadvantages. We need a level playing field, predictability, transparency – so that when you invest and do business, you can have a reasonable expectation of the risks and rewards in front of you. And that is one of the promises of the TPP. And as I mentioned, it is about breaking down barriers and raising the bar, the standards, in a way that protects everybody and works for everybody.

You’ve all heard American officials talk about the importance of intellectual property. But the truth is that every economy that wants to be an innovation economy needs to defend their innovators. It’s not just Americans; every entrepreneur and business in the Asia Pacific needs to know that they can reap the benefits when they develop the next big thing. Economies that can make that guarantee are inevitably going to be stronger. And those that can’t make that guarantee, if your ideas are at risk of being stolen and your innovations can be ripped off, you will never reach the full potential of that country or economy.

As you know, the Asia Pacific region is increasingly reliant on complex supply chains. Think of an iPad that is designed in California, with its parts made in Taiwan, assembled in China, shipped through Singapore, loaded with apps from Korea, and sold in Jakarta. (Laughter.) All of the businesses and investors along the way – (applause) – that must be the crowd from Jakarta. (Laughter.) But all of the businesses and investors along the way clearly need the consistency and the certainty of transparent policies and predictable regulations. And I want to recognize the cutting-edge work of APEC, which is leading on supply-chain connectivity, all the while ensuring that the rules are made with input from the public and the stakeholders like you.

And that’s why I want to pay tribute to the synergy – I really felt it last night at dinner with the group that I had dinner with. There’s a great synergy here. And I think that it would be very valuable, frankly – one of the greatest assets of this gathering is the interaction between those of us who are privileged to be leaders in our countries, and those of you who lead in the business world.

On behalf of President Obama, I would urge APEC to find more ways to increase the interaction between the leaders here and the private sector, because I think that, in the end, will result in better policy faster. Beneath the surface of the success that we celebrate though, there is also an undercurrent of concern. And I would be remiss if I didn’t say something about it.

When we talk about rules, predictability, and the sanctity of contracts, we cannot forget that corruption corrodes our markets by raising the cost of doing business, it brews uncertainty, it creates inefficiency, it undermines good governance, and it frightens away capital. Put simply, it slows down growth. It doesn’t speed it up. It doesn’t expand growth, and it certainly doesn’t meet the standards of a world that is increasingly looking for more transparency and accountability. It creates a fragile system instead of a strong one.

President Obama and I commend APEC for its close work with the private sector to develop ethics for businesses large and small. And we also commend APEC’s recent work to shine a light on money laundering and illegal trade, including wildlife trafficking. Our economies – simple, bottom-line – our economies will not reach their full potential and we will not meet the demand of all those young people looking to us for good choices, for the future. We will not do that unless we eliminate criminal enterprises that undermine the legitimacy of what we are all trying to achieve, and the rules by which we are all trying to work.

APEC can advance its efforts by continuing to build capacity among customs officials, connecting law enforcement agencies, and reducing demand. And these days, if the governments don’t step up to tackle their responsibility, guess what? Citizens will. Because with the global use of social media, everybody in the world has an instant communications tool, everybody has a camera, and increasingly where I’ve seen people hold people accountable. Pictures, videos, stories that anyone with a video can share with millions of people in milliseconds will actually help to create accountability. There is a new cop on the beat.

Finally, I want to say one last word about another value that we need to defend. And it is one that, like the others that I mentioned, will actually benefit businesses and economies, and it’s one we can only address multilaterally, and some of you may think it’s strange that the Secretary of State of the United States picks this issue to say something about here at this APEC conference, but I think it is a moral responsibility, as well as a practical business one, and that is the urgency with which we must all come together to deal with the issue of climate change.

I know that when people talk about climate change, eyes still glaze over. And against all evidence, there are still some people who wonder if it’s real – and many wonder what they can actually do about it. Well, the fact is that the absence of a concerted global commitment to address this is inviting catastrophe. And for everybody’s business, it is inviting uncertainty.

For insurance companies, it is inviting insolvency. The recent United Nations report, with its nearly unanimous conclusion that human beings are to blame for what is happening, warns us of the consequences and makes clear our responsibility. As the world’s biggest consumers of energy and the biggest emitters of greenhouse gases, Pacific nations, including my own – we’re number two in the world – Pacific nations including my own have an enormous responsibility to lead a transformation that can not only save lives, but create millions of jobs.

I will just tell you, after 29 years of following this, that the extreme weather around the world – the flooding, the fires, the drought, the intense storms – are nothing compared to what will come if we don’t act. The reduction in some of our fisheries, the melt of ice, the rise of sea level, the Pacific islands that are threatened, all of this will present us with refugees such as we have never seen before, and with food shortages that may boggle the mind.

What’s astounding to me is this: Staring us in the face is an economic revolution that can solve all of this. There is a $6 trillion market out there for energy, with six billion to nine billion additional users over the next 20-40 years, and that is the marketplace of all time. The market that created the great wealth of the 1990s was a technology boom. It was a $1 trillion market, with one billion users. Compare that to the six trillion and six to nine billion users.

Energy is the solution to climate change. And the energy market is staring us in the face with an enormous amount of opportunity, and despite the amount of gas that is becoming available, we still have a responsibility, particularly those 20 major emitter nations, to deal with this issue. I think APEC understands that doing nothing is not an option, and that’s why it’s been a leader in increasing energy efficiency and reducing inefficient and market-distorting fossil fuel subsidies, and we need to continue to move in that direction. But this is a visible and tangible change in this part of the world, and tomorrow I look forward to meeting with President Yudhoyono and representatives of the Pacific Island countries and APEC leaders to talk about how we can ensure a more sustainable economic development program around us.

Yesterday, I had the chance to visit Benoa Port, where America is engaged in a public-private partnership with some fishermen here in Indonesia. And we’re engaged with universities – UCLA and three universities out here trying to build a sustainable fishery and sustainable future. These are fishermen who work for a Tampa Bay, Florida company. Fish are shipped from here every day, and it goes to Outback restaurants in America, to Walmart, and to Whole Foods. This is the world we’re living in today. But if there’s too much money chasing too few fish, and we don’t have sustainable practices, then we will obviously inherit crises beyond recognition. Sixty million people in Indonesia depend on fishing and on marine resources for their livelihood. And 60 million Indonesians get most of their protein from the sea.

So these are examples of the ways in which APEC and all of us can come together. This is the new norm. This is the future. This is the way the world is going to have to work in order to deal with these problems, but to grab the opportunities that are staring us in the face. In bringing together businesses and governments, NGOs, students, and all citizens to address these issues, APEC does the seemingly impossible: it makes one of the largest regions in the world smaller and more connected. And because APEC gives economies such an effective forum to talk about and tackle these challenges, and thanks in large part to the business leaders like you, tomorrow we will be able to innovate more imaginatively, think more freely, grow more equitably, consume more sustainably, partner more broadly, and create greater opportunities for this generation and the next. And by doing that, we will live up to our responsibilities. Thank you very, very much. (Applause.)

Monday, October 7, 2013

SEC ANNOUNCES CHARGES AUDITORS WITH FAILING TO COMPLY

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION

The Securities and Exchange Commission today announced charges against three auditors for violating federal securities laws or failing to comply with U.S. auditing standards during their audits and reviews of financial statements for publicly traded companies.

The actions are part of the agency’s ongoing effort to hold gatekeepers accountable for the important roles they play in the securities industry.  Internally designated “Operation Broken Gate,” the Enforcement Division’s efforts seek to identify auditors who fail to carry out their duties and responsibilities consistent with professional standards.   Gatekeepers that fail to comply with professional standards put investors at risk due to the possibility of undetected fraud or other financial misstatements.

The auditors charged in these latest SEC enforcement actions are certified public accountants Malcolm L. Pollard, who practices in Erie, Pa., and Wilfred W. Hanson and John Kinross-Kennedy, who live in the Irvine, Calif., area.  Pollard and Hanson agreed to settle the respective actions against them and will be prohibited from practicing as an accountant on behalf of any publicly traded company or other entity regulated by the SEC.  Kinross-Kennedy is litigating his action in a proceeding before an administrative law judge at the agency.

According to the SEC’s order instituting a settled administrative proceeding against Pollard and his firm also located in Erie, they engaged in improper professional conduct while auditing three companies that are empty shells or in the developmental stages.  The companies’ public stock is quoted on the Over-the-Counter Bulletin Board.  Pollard and his firm’s audits of the issuers were seriously deficient.  They failed to include evidence of procedures performed or conclusions reached, and they failed to retain required documentation, perform the required engagement quality reviews, and consider fraud risks and obtain written management representations.  Despite these audit failures, Pollard and his firm represented in each of their audit reports that they had conducted the audits in accordance with the standards of the Public Company Accounting Oversight Board (PCAOB).

“These orders reinforce the importance of the audit process and the critical function the auditor plays,” said Antonia Chion, an Associate Director in the SEC’s Division of Enforcement.  “Pollard and his firm repeatedly engaged in unreasonable conduct that resulted in violations of applicable professional standards.  Their misconduct demonstrates a lack of competence to audit the financial statements of companies registered with the Commission.”

According to the SEC’s order instituting a litigated administrative proceeding against Kinross-Kennedy, he has been the independent accountant for as many as 23 public companies since 2009.  The SEC’s Enforcement Division and Office of Chief Accountant allege that there were significant deficiencies in six of Kinross-Kennedy’s audit engagements, and that he failed to obtain engagement quality reviews (EQRs) for more than 30 other audit engagements.  Kinross-Kennedy falsely represented that he conducted his audits in accordance with PCAOB standards.

According to the SEC’s order instituting a settled administrative proceeding against Hanson, he conducted EQRs for five of Kinross-Kennedy’s audits, but was not competent to serve as the engagement quality reviewer and failed to exercise due professional care.  Accordingly, he failed to conduct multiple EQRs in accordance with PCAOB standards.

“Engagement quality reviews are intended to be a meaningful check on the audit engagement team’s work, and when conducted properly they improve the reliability of a public company’s financial statements,” said David Peavler, Associate Regional Director for Enforcement in the SEC’s Fort Worth Regional Office.  “Kinross-Kennedy failed to exercise due professional care on fundamental aspects of the audits by, for example, using outdated audit templates and failing to adapt to changes in auditing standards.  He also retained Hanson to conduct engagement quality reviews when Hanson did not have the recent experience necessary to serve as a competent engagement partner.”

By issuing inaccurate audit reports, the SEC’s order finds that Pollard and his firm violated Securities Exchange Act of 1934 Rule 2-02 of Regulation S-X.  The SEC’s order also finds that Pollard and his firm violated Exchange Act Section 10A(a)(1) and (b)(1) by failing to have procedures in place to detect, investigate, and report illegal acts.  In agreeing to settle the charges without admitting or denying the SEC’s findings, Pollard and his firm consent to the entry of an order to cease and desist from committing or causing any violations of Exchange Act Section 10A(a)(1) and (b)(1) and Rule 2-02 of Regulation S-X.  Pollard and his firm also consent to an order suspending their right to appear and or practice before the Commission as an accountant.

The SEC’s order against Kinross-Kennedy alleges violations of Sections 10A(j) and 10A(k) of the Exchange Act and Rules 2-02and 2-07 of Regulation S-X, and improper professional conduct under Rule 102(e)(1)(ii) and (iii) of the Commission’s Rules of Practice and Section 4(C) of the Exchange Act.

The SEC order finds that Hanson engaged in improper professional conduct under Rule 102(e)(1)(ii) and Rule 102(e)(1)(iv)(B)(2) of the Commission’s Rules of Practice and Section 4(C) of the Exchange Act.  Without admitting or denying the SEC’s findings, Hanson consents to an order suspending him from practicing before the Commission as an accountant.

The SEC’s investigation of Pollard was conducted by Peter Rosario and Scott Lowry, and supervised by Deborah Tarasevich.  The SEC’s investigation of Kinross-Kennedy and Hanson was conducted by Ronda Blair and David King, and supervised by Barbara Gunn.

WOMAN CHARGED IN PONZI SCHEME THAT TARGETED MEMBERS OF COLOMBIAN-AMERICAN

FROM:  U.S. SECURITIES AND EXCHANGE COMMISSION 

The Securities and Exchange Commission today charged a woman living in South Florida with defrauding investors in a Ponzi scheme and affinity fraud that targeted the local Colombian-American community and involved purported investments in immigration bail bonds.

The SEC alleges that Jenny E. Coplan told investors that her company Immigration General Services operated through an investment broker that would invest the funds she raised in immigration bail bonds and turn a profit.  Coplan promised interest payments ranging from 60 to 108 percent annually.  She also assured investors that their money was safe because it was insured by the Federal Deposit Insurance Corporation (FDIC).  However, Coplan never placed investor funds with any investment broker, and their money was never FDIC insured.  Instead, she paid supposed profits to earlier investors using funds from newer investors in classic Ponzi fashion, and she stole approximately $878,000 of investor money for her own personal use.

“Coplan deliberately misled investors into believing their investments were safe and secure when in reality she was lining her own pockets,” said Eric I. Bustillo, Director of the SEC’s Miami Regional Office.  “Her predatory scheme exploited the trust and friendship of members of her own community by using empty promises to convince them to trust her with their hard-earned savings.”

In a parallel action, the U.S. Attorney’s Office for the Southern District of Florida today announced criminal charges against Coplan.

According to the SEC’s complaint filed in federal court in Miami, Coplan solicited investors through personal conversations over the phone and in person, and many of her targets were Colombian-Americans and Colombians living in Florida.  She raised approximately $4 million from more than 90 investors in Florida, California, Georgia, Texas, Canada, and Colombia.

The SEC alleges that Coplan created fictitious investor statements that she disseminated to hide her misuse of the money and lead investors to believe their investments were growing.  Furthermore, Coplan e-mailed one investor two purported FDIC statements reflecting insured balances of $107,000 and $250,000, lulling the investor to think the investment was particularly safe.  When her scheme began to unravel in 2011, Coplan blamed the purported investment broker for the delay in interest payments to investors, telling them the broker held the investors’ funds to cover deficiencies because Coplan had failed to meet certain monthly investment quotas.  Even though Immigration General Services had virtually no funds in its bank accounts and was unable to honor investors’ increasing redemption requests, Coplan tried in late 2011 to create a false appearance that the company was back to business as usual.  She issued non-sufficient fund checks to investors purporting to be their monthly profits.  Through her continued misstatements, Coplan was able to raise another $578,000 from new investors before the scheme collapsed entirely.

The SEC’s complaint against Coplan, who lives in Tamarac, Fla., seeks disgorgement of ill-gotten gains, financial penalties, and permanent injunctions.

The SEC’s investigation was conducted by Jorge L. Riera and Karaz S. Zaki in the Miami office and supervised by Elisha L. Frank.  The SEC’s litigation will be led by Amie Riggle Berlin.  The SEC appreciates the assistance of the U.S. Attorney’s Office for the Southern District of Florida and the Federal Bureau of Investigation.

COMEX FLOOR BROKER CHARGED BY CFTC WITH FAILING TO PRODUCE REGISTERED DOCUMENTS

FROM:  COMMODITY FUTURES TRADING COMMISSIONS 
CFTC Charges Registered COMEX Floor Broker Dominick Anthony Cognata with Failing to Produce Required Documents in Response to a CFTC Subpoena and Seeks to Revoke His Registration

Washington, DC – The U.S. Commodity Futures Trading Commission (CFTC) today filed two separate administrative proceedings against Dominick Anthony Cognata, a registered COMEX floor broker. In one proceeding, a Complaint charges Cognata with failing to produce, or otherwise make available, to the CFTC certain records relating to his brokerage activities, in violation of Section 4g of the Commodity Exchange Act (CEA) and CFTC Regulations 1.31(a) and 1.35(a). In the other proceeding, a Notice of Intent to Revoke (Notice) seeks to revoke Cognata’s registration as a floor broker, under Sections 8a(3)(M) and 8a(4) of the CEA.

As alleged in the CFTC Complaint, on or about August 14, 2012, the CFTC’s Division of Enforcement, as part of an ongoing investigation, issued a lawfully-authorized subpoena to Cognata for the production of documents, including trading cards, order tickets, and other documents relating to his trading of gold or silver futures or options on futures, which were required to be made, kept and produced by floor brokers pursuant to the CEA and CFTC Regulations. To date, Cognata has failed to produce any documents in response to the subpoena, according to the Complaint. As a result of Cognata’s violations, the CFTC is seeking a civil monetary penalty and an Order that Cognata cease and desist from violating the provisions of the CEA and CFTC Regulations, as charged.

In the Notice, the CFTC is seeking the revocation of Cognata’s registration as a floor broker for “good cause.” It is alleged that the facts constituting “good cause” include, in addition to Cognata’s failure to produce records to the CFTC, the settlements and findings in two exchange disciplinary actions against Cognata since 2011. In one exchange disciplinary action, the Notice alleges, pursuant to an offer of settlement, a panel of the COMEX Business Conduct Committee (the Panel) found that on various dates from October through December 2008, Cognata engaged in noncompetitive, prearranged trades of silver and gold options. In the other exchange disciplinary action, the Notice alleges, pursuant to an offer of settlement, the Panel found that on three occasions in June and July 2011, Cognata prearranged trades in silver options for the purpose of receiving money passes from other COMEX members. In both disciplinary actions, Cognata neither admitted nor denied any rule violations in his offers of settlement.

CFTC Division of Enforcement staff members responsible for this matter include K. Brent Tomer, R. Stephen Painter, Jr., Patrick Daly, Trevor Kokal, Sheila Marhamati, Elizabeth Brennan, Steven I. Ringer, Lenel Hickson, Stephen J. Obie, Manal Sultan, and Vincent A. McGonagle.

Sunday, October 6, 2013

secretary/remarks/2013/10/215155.htm

http://www.state.gov/secretary/remarks/2013/10/215155.htm

PENTAGON STATEMENT ON CAPTURE OF ABU ANAS AL LIBI

FROM:  U.S. DEPARTMENT OF DEFENSE 
Statement by Pentagon Press Secretary George Little on the Capture of Abu

On Oct.5, the Department of Defense, acting under military authorities, conducted an operation to apprehend longtime Al Qaeda member Abu Anas al Libi in Libya. He is currently lawfully detained under the law of war in a secure location outside of Libya.

Wherever possible, our first priority is and always has been to apprehend terrorist suspects, and to preserve the opportunity to elicit valuable intelligence that can help us protect the American people.

Abu Anas al Libi has been indicted in the Southern District of New York in connection with his alleged role in Al Qaeda's conspiracy to kill U.S.nationals and to conduct attacks against U.S. interests worldwide, which included Al Qaeda plots to attack U.S. forces stationed in Saudi Arabia,Yemen, and Somalia, as well as the U.S. embassies in Dar es Salaam, Tanzania, and Nairobi, Kenya.

 The successful capture operation was made possible by superb work and coordination across our national security agencies and the intelligence community, and was approved by President Obama. No American personnel or civilians on the ground were injured during the operation. These actions are a clear sign that the United States is committed to using all the tools at our disposal to bring to justice those who commit terrorist acts against Americans.

FTC RETURNS MONEY TO VICTIMS OF PHONE BILL CRAMMING SCAM

FROM:  FEDERAL TRADE COMMISSION 

FTC Returns More Than $5.4 Million to Victims of Massive Cramming Scam
The Federal Trade Commission is mailing 139,357 checks totaling more than $5.4 million to consumers and businesses who were victimized by a massive fraudulent operation that placed unwanted charges on their telephone bills.

In 2010, the FTC stopped the scam, which was led by an internet services company known as Inc21. The company enlisted a number of third-party billing aggregators to place charges on  phone bills. In most cases, the victims were either never contacted by the company, were deceived about why they had been contacted, or in fact declined the services for which they were eventually billed.  The FTC’s Criminal Liaison Unit cooperated with criminal law enforcement partners at the Department of Justice, the Internal Revenue Service, and United States Postal Inspection Service, leading to the prosecution and conviction of Inc21’s owners.

Consumers who receive the checks from the FTC’s refund administrator should deposit or cash them within 60 days of the mailing date.  The FTC never requires consumers to pay money or to provide information before refund checks can be cashed.  The average amount of the refunds will be approximately $39, however amounts will vary based on how much money was lost.

The checks will be mailed by Epiq Systems, Inc., who is the redress administrator for this matter. Consumers with questions about the redress, can contact Epiq Systems directly at 1-866-328-1992. More information about the FTC’s refunds program is available on the FTC’s website.        

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them.  To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357).  The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 2,000 civil and criminal law enforcement agencies in the U.S. and abroad.  The FTC’s website provides free information on a variety of consumer topics.  Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

FDA GRANTS ACCELERATED APPROVAL TO PERJETA FOR BREAST CANCER

FROM:  U.S. FOOD AND DRUG ADMINISTRATION 

The U.S. Food and Drug Administration today granted accelerated approval to Perjeta (pertuzumab) as part of a complete treatment regimen for patients with early stage breast cancer before surgery (neoadjuvant setting). Perjeta is the first FDA-approved drug for the neoadjuvant treatment of breast cancer.

Perjeta was approved in 2012 for the treatment of patients with advanced or late-stage (metastatic) HER2-positive breast cancer. HER2-positive breast cancers have increased amounts of the HER2 protein that contributes to cancer cell growth and survival.

Perjeta’s new use is intended for patients with HER2-positive, locally advanced, inflammatory or early stage breast cancer (tumor greater than 2 cm in diameter or with positive lymph nodes) who are at high risk of having their cancer return or spread (metastasize) or of dying from the disease. It is to be used in combination with trastuzumab and other chemotherapy prior to surgery and, depending upon the treatment regimen used, may be followed by chemotherapy after surgery. Following surgery, patients should continue to receive trastuzumab to complete one year of treatment.

U.S.-VIETNAM JOINT STATEMENT ON SECURITY AND DEFENSE DIALOGUE

FROM:  U.S.STATE DEPARTMENT 
Joint Statement on the Sixth U.S.-Vietnam Political, Security, and Defense Dialogue
Media Note
Office of the Spokesperson
Washington, DC
October 1, 2013

The text of the following statement was released by the Governments of the United States of America and Vietnam on the occasion of the Sixth U.S.-Vietnam Political, Security, and Defense Dialogue.

 Begin Text:

Acting Assistant Secretary of State for Political-Military Affairs Tom Kelly welcomed Vice Foreign Minister Ha Kim Ngoc to the Department of State in Washington, DC, on October 1, 2013 for the sixth annual U.S.-Vietnam Political, Security, and Defense Dialogue to discuss a broad range of bilateral and regional security issues of mutual concern. This meeting follows the announcement by President Obama and President Sang this past July for establishing a new Comprehensive Partnership between the two nations, and reflects increasing cooperation between the United States and Vietnam.

During this Dialogue, Acting Assistant Secretary Kelly and Vice Foreign Minister Ngoc noted with satisfaction the progress that has been made in recent years in many areas of the bilateral relationship, helping to elevate the framework of friendly and mutually beneficial cooperation between the two countries. Regarding the multilateral arena, the two sides exchanged ideas on promotion of U.S.-ASEAN cooperation and issues concerning the ASEAN Regional Forum and the East Asia Summit. Both sides noted with satisfaction the progress in negotiating a Civil Nuclear Agreement, and pledged to make progress on further nonproliferation measures.

The participants in the meeting today discussed ways to further strengthen cooperation in multiple areas, including counterterrorism, counternarcotics, human trafficking, cyber, and law enforcement issues. The two delegations discussed further defense and security cooperation under the framework of the 2011 Memorandum of Understanding on Advancing Bilateral Defense Cooperation. Both parties agreed to continue to expand cooperation in maritime law enforcement, particularly on developing capabilities to address disaster response and search and rescue. The two sides pledged to continue cooperation in resolving war legacy issues such as POW/MIA accounting, dioxin and Agent Orange, and unexploded ordnance.

During this Dialogue, the United States and Vietnam reaffirmed their commitment to strengthening the bilateral relationship based on friendship, mutual respect, and shared commitments to ensure a peaceful, stable, prosperous, and secure Asia-Pacific region. The two sides affirmed that cooperation with respect to international and regional security challenges is a natural evolution of mutual and maturing political, economic, cultural, and people-to-people ties, and helps to cement the economic prosperity of both countries.

Taking place in a spirit of growing trust and deepening friendship, the Dialogue helped to chart the course for the new Comprehensive Partnership between our two countries. The seventh Dialogue will take place in Hanoi in 2014.

IVORY KINGPIN ARRESTED BY TOGOLESE AUTHORITIES

Confiscated ivory tusks.  Credit:  U.S. State Department
FROM:  U.S. STATE DEPARTMENT 
IN THE NEWS: Togo Authorities Arrest Ivory Kingpin in Lomé
Date: 09/27/2013 Description: Confiscated ivory tusks. 

Earlier this summer, Togolese law enforcement authorities arrested suspected wildlife trafficker Emile N’Bouké and seized 700 kg of ivory. Recently featured on ABC’s Nightline, N’Bouké who is alleged to be a major ivory dealer in West Africa believed to be responsible for two ivory shipments totaling more than 6.2 tons that were seized by authorities in the last seven months. Although there are no elephants in Togo, the small West African nation is a key shipping hub for international wildlife traffickers elsewhere on the continent.

INL is assisting in global efforts to combat trafficking of wildlife and wildlife parts, including through $10 million in related assistance for Kenya, South Africa, and regional Africa programs that President Obama announced during his visit to Tanzania earlier this year.

Saturday, October 5, 2013

SECRETARY OF STATE KERRY MAKES REMARKS IN INDONESIA

FROM:  U.S. STATE DEPARTMENT 
Remarks at a Press Availability With United States Trade Representative Ambassador Froman
Remarks
John Kerry
   Secretary of State
Jen Psaki
   Department Spokesperson, Office of the Spokesperson
Bali, Indonesia
October 5, 2013

SECRETARY KERRY: Good afternoon, everybody. Thank you for being patient. We appreciate it very much. I’m delighted to continue my trip through Asia, and on behalf of President Obama, it is an honor to represent the United States at the annual APEC economic leaders meeting. And I’m delighted to be here with a member of the President’s cabinet, our United States Trade Representative, Ambassador Mike Froman.

I want to thank Indonesia for its extraordinary welcome and wonderful hospitality over the day and a half that we’ve been here meeting already, and we thank them for their exceptional hosting of the APEC conference.

First, I’d like to say just a few words about the disappointing situation back home, which, regrettably, has kept the President of the United States from attending this year’s APEC. I am not in partisan or elected politics anymore, but I did spend 28-plus years in the United States Senate, and I believe that those standing in the way in the other body of the Congress, standing in the way of reopening our government, need to think long and hard about the message that we send to the world when we can’t get our own act together. Because I’ve said many times, the values of great institutions like the United States Senate and the House is how we use them and what they represent to the world. And because these institutions are instruments of the people, they are broken only if we let them break. So I can tell you from experience that it is not only within Congress’ power to prevent the shutdown, it is also within Congress’ power to end it. To end it now. To end it today.

And to all of our friends and foes watching around the world, let me be crystal clear: Do not mistake this momentary episode in American politics as anything less than a moment of politics, or anything more than a moment of politics. This is an example, really, of the robustness of our democracy, the capacity for any people to make their voices heard, sometimes, we may feel, incorrectly. But nevertheless, it as a sign of the vibrancy and capacity of people to make their voices heard.

The American people are remarkably strong and resilient people, and we all know that we will get beyond this moment, and we will get beyond it quickly. And in the end, nothing will change with respect to the issues that bring us here to the APEC conference. Nothing will diminish our commitment to Asia, the rebalance that President Obama’s engaged in. We will continue to fulfill our responsibilities, and our engagement around the world, and I think people are confident of that.

For the moment, there are some things that do get affected, and that is regrettable. For instance, our security assistance for Israel, our closest ally in the Middle East, is being delayed. The new fiscal year started this last week, but because of the shutdown, some entities don’t have the funding that they need, including supporting the peacekeeping mission in the Sinai, at a time of growing unrest in a critical area. The U.S. Congress could fix this very quickly by reopening the U.S. Government.

Another example: The opportunity to engage diplomatically with Iran is critical to all of us in the world, and we wouldn’t be where we are today if it weren’t for the pressure that has been brought to bear by the sanctions. But right now, as a direct result of the shutdown, our Treasury Department’s Office of Foreign Asset Control has been forced to furlough nearly all of its staff.

So the world is watching to see whether a combination of tough sanctions and careful diplomatic diplomacy can lead Iran to verifiably give up the chase for nuclear weapons. I think it’s clear that we cannot lose this opportunity to moments of politics that deprive us of the opportunity to embrace larger and more important goals.

Of course, the situation back home, as I mentioned, has unfortunately kept President Obama from joining us here this weekend. I will be traveling at his request to Malaysia and to the Philippines in order to represent the United States. But I do want to make clear: None of what is happening in Washington diminishes one iota our commitment to our partners in Asia, including our efforts to promote trade and investment throughout the region. And this remains one of our top priorities, and I’m very, very pleased to be here together with two other members of the President’s cabinet – Ambassador Froman and Secretary of Commerce Pritzker – all of us engaged, as we will stay engaged, in this region.

Why does that matter to us? APEC matters because it provides a very critical platform for government and private sector partners to be able to come together and break down the barriers to commerce. It is the way in which we open up opportunity for all of our citizens, and begin to create rules of the road that bring our countries closer together. It is the way to create opportunity for all people. Today, even in our discussions, we had a talk about how we make this economic opportunity with equity, meaning that women and men all joined together in their capacity to share opportunity in the workforce. It’s a chance for us to come to a fast-growing region of the world – the fastest growing region – and begin to talk about how we invest in each other and how we can better connect our economies one to the other, and how we create jobs and economic growth in all of our countries.

That’s why the United States works so closely with Indonesia and with other APEC countries. We work together on regulatory issues, on how we can make it easier for exporters to be able to cut tariffs and be able to move their goods to another country. How we sell goods and services in foreign markets. We work together on logistical issues, like how you improve the performance and connectivity at every step along the supply chain of these goods. And all of this breaks down barriers between our countries and forges a stronger relationship, which adds to the peace and security and prosperity, not just of the region, but of the rest of the world.

We also work together on something that is very important to me personally, and that is promoting trade and investment in a way that can help our environment and the planet that we share and deal with the responsibilities of energy policy and of global climate change. For example, implementing tariff reductions on solar panels and other environmental goods will speed growth in the profitable sector of green technology, at a time when we see great environmental degradation and climate change that threatens the way of life In the Pacific region.

Here in Bali this week, we will also continue to advance the Trans-Pacific Partnership. Ambassador Froman and I will represent the President at a meeting of the leaders of the TPP countries. And this agreement is a key part of our agenda in the Asia Pacific and the President’s jobs agenda at home.

The relationship between the United States and the Asia Pacific has really never been more important than it is now. President Obama began a rebalance to this region in the course of his first four years, and we intend to continue that over the course of his second term. It is very clear that most of the economic issues that we face today require the kind of cooperation that APEC makes possible. And the United States views APEC as its premier forum for economic and development issues in this region.

So on behalf of President Obama, the United States looks forward in the next few days to a very productive dialogue and to a significant, continued collaboration with Indonesia and with the rest of our APEC partners.

Ambassador Froman.

AMBASSADOR FROMAN: Well, thank you very much, Mr. Secretary and good afternoon. As Secretary Kerry said, the United States has a strong commitment to APEC. We are Pacific nation, and we always will be. This is the fastest growing region of the world, and our work here is critical to expanding exports and therefore to promoting growth, creating jobs, and strengthening the America middle class.

APEC economies represent 55 percent of global GDP, and about 45 percent of global goods and services trade. The United States exports more than a trillion dollars of goods and service to APEC countries, and that’s more than 50 percent of total U.S. exports. And those exports support millions of hardworking American jobs. Our capacity to grow our economy and create jobs is integrally tied to the success of this region and our engagement with it.

From a trade and investment perspective, APEC continues to be an incubator for policy innovation. As APEC economies cooperate to advance the value of our regional relationships, we realize ideas together that can boost the whole global trading system.

APEC is on the leading edge of a number of global efforts to increase economic integration and opportunity. Together, we’re working to improve supply chains. Together, we’re working to fight new forms of protectionism, like localization; to implement regulatory policies that make it fast and more efficient to do business; and to building on the groundbreaking commitments in Honolulu in 2011 to advance trade and environmental goods.

At the same time, APEC economies continue to play an important leadership role in the multilateral trading system. The WTO’s Information Technology Agreement, for example, got its start at APEC. And now longstanding APEC priorities have the potential to be enshrined in a global trading rules at the WTO. These include a win-win agreement on trade facilitation that will help developed and developing countries alike, as well as an expanded information technology agreement. On that front, I’m pleased to announce that there is a hopeful sign this week of our ability to work creatively together to solve problems and make progress in the WTO. We were happy to work with China and others to get the information technology agreement talks back on track. After discussions this week, we’re hopeful that resumption of formal, plural-lateral negotiations will begin as soon as possible.

As I said in Geneva earlier this week, the United States is a strong supporter and believes in the World Trade Organization. Along with our APEC partners, we also believe that this is a crucial moment for that system. In two months, we’ll be back in Bali for the 9th WTO ministerial. If we succeed in producing a multilateral package on trade facilitation, agriculture, and development, it can provide impetus to the multilateral trading system. If we fail, it will harm – it will be hard to see how we further that agenda. And we’re pleased to see our APEC partners this week working together to push for a meaningful result at the WTO.

Finally, of course, as the Secretary said, we spent a great deal of time this week working on TPP. The TPP countries are strongly committed to working to conclude negotiations this year. In Brunei in August, and now in Bali, trade ministers have been charting a path forward on outstanding issues, particularly state-owned enterprises, intellectual property rights, environment, and market access, in order to move the negotiations toward completion.

And the U.S. continues to work for a high level of ambition and high standards for TPP with all due speed. We’ve made significant progress this week, and we look forward to briefing the TPP leaders on Tuesday about that progress and getting their political-level guidance to facilitate the conclusion of the negotiations.

In sum, our work here this week will further U.S. engagement in the Asia Pacific region and create new jobs and opportunities in the United States. Thank you.

MS. PSAKI: The first question will be from Matt Lee of the Associated Press.

QUESTION: Okay. Thank you, Mr. Secretary. Can you hear me, first of all? I’m not sure – yes? Okay.

I’m curious as to, first, how do you make the case back at home to members of Congress that the shutdown hurts American security and potentially the security of its allies, while at the same time you are here, presumably, assuring those allies, at in Asia, that you still have their back, like what you said?

And secondly, how concerned are you that the perception of weakness created by the President’s having to cancel his visit here, whether or not that’s the reality, how concerned are you that that perception will encourage some countries in this region – notably China, but perhaps also Russia – to try and take advantage of the situation? Thank you.

SECRETARY KERRY: Well, Matt, it’s a very good question. It’s a fair question and my answer is very straight-forward. There are momentary disruptions. And the momentary disruption always has the ability to have an impact. I mean, if you are not funding a particular security operation at a particular moment – in the Sinai, for instance, or somewhere – there’s an opportunity for misjudgment. And the other examples that I gave are self-explanatory. But that’s not long term, and I’m convinced it’s not long term.

Now I think it’s reckless, personally, to even provide those moments where you have these risks that are exposed, but the bottom line is that the United States of America is not going to change one iota the fundamental direction of the policy under this President. And I think everybody in the region understands. I haven’t run into one question mark about the long term – everybody sees this as a moment on politics – an unfortunate moment – but they see it for what it is.

But in the long run I think people understand that on an issue like Iran with nuclear weapons, on an issue like North Korea and nuclear weapons, on our fundamental commitments to this region in terms of maritime security and freedom of navigation through the seas and so forth, our commitment is not going to change. And the American people understand the importance of those commitments and we’ll be steadfast.

So I think – I haven’t found one leader here who raised a question with me about the long term for the United States. What they do ask is how long is this going to go on and why is this happening, and those kinds of questions. And I think that people understand that the fundamental commitment of the United States is what it is, and I think they still trust it.

Now with respect to the perception of, quote, weakness, I just disagree with that premise. I don’t believe that anybody here believes there is some connection of any moment of weakness in the President making a decision to deal with his domestic politics. There isn’t one leader here who wouldn’t make the same decision if they were faced with a domestic moment in their politics where they have to resolve a budget or resolve a debt-ceiling or any other kind of issue.

But we just had a very strong meeting in Japan, Secretary Hagel and I. We just reannounced a next 15-20 year projected reevaluation of our guidelines for our relationship with Japan and in the region. Here in my conversation with the Foreign Minister from the Republic of Korea, we had the same kind of long-term horizon, and I think in the discussions that we’ve had in APEC about the code of conduct and the South China Sea and other issues, there hasn’t been one doubt or one question asked about whether the United States will fulfill its obligations and remain engaged.

So there is a distinction between short-term impact and, I think, the long-term interests that people perceive as being much more durable than any moment in our domestic, political life.

MS. PSAKI: The next question will be from Michael Tjandra of RTCI.

QUESTION: Thank you for this opportunity, Mr. Secretary. Where does Indonesia stand as an APEC member with America in playing a role to help to revive the global economy?

SECRETARY KERRY: Well, I’m going to let the Ambassador speak a little bit to that, but I will just tell you that Indonesia is growing at, I think, around 6 percent or so now. They have plans to even raise that level of growth more significantly. Indonesia is a very powerful, significant member of APEC – not just the chair of this year, but one of the larger countries, one of the more important exporting nations, a country with enormous resources, a capacity to contribute to the regional growth.

And we view Indonesia as very important partner in terms of adherence to rules and standards and to the rules of trade, which are so critical to transparency and accountability and to the willingness of people to invest capital and therefore grow economies. So Indonesia has proven itself to be very a significant partner with us in that regard, and I’ll let the Ambassador fill out perhaps a little more detail.

AMBASSADOR FROMAN: Well, the only thing I would add to that is, Indonesia one of the largest economies in the world and as a key member, for example, of the G-20, and has played a critical role in the G-20 in terms of bringing a perspective of an emerging economy to the global economic system and ensuring that issues were addressed in an appropriate way.

They’ve been – the President Yudhoyono and others from (inaudible) play a critical role in the G-20 over the last several years. And similarly, in just two months from now, Indonesia will host and chair the 9th meeting of the WTO ministerial. So it is playing a leadership role in the international trading system, and is working very hard – and that was a big topic of today’s meeting – today’s discussions this morning – working very hard both with APEC members but also with members from around the world to ensure a positive result from the multilateral trading system.

MS. PSAKI: The final question will be from Indira Lakshmanan from Bloomberg News.

QUESTION: Thank you, Secretary Kerry and Ambassador Froman. Secretary Kerry, you addressed this a little bit at the top of your remarks, but the whole question about the government shutdown has certainly created a perception in Asia that it’s undermining the President’s ability to fulfill his Asia pivot promise. And we’ve heard this both in public remarks from certain Asian leaders and also private remarks – that they feel it’s undermining the President’s, what is meant to be his signature issue of his second-term foreign policy distracting him. So I want to ask you: How can you reassure those leaders who’ve expressed their concerns that it’s not undermining the Asia pivot?

And secondly, also, how is affecting, for both of you, the ability to get TPP talks done this week, because again we’d expected the President to be here and his leadership creates a message? So is it giving an opportunity for China or others to work on rival trade groups to the TPP?

SECRETARY KERRY: Well, Indira, I think I did touch on this a little bit, but let me fill it out a little bit more.

President Obama is not here, and he planned to be here. And he is not here because he has to stay at home in order to deal with this domestic challenge, which has been presented to him by a small group of people within one branch of the United States Congress. That obviously undermines the President’s ability to have the conversation he was going to have with President Xi, or have the conversation he was going to have – or the meeting he was going to have with President Putin, all of which are important to the conduct of global affairs. So obviously there is the loss of that as a result of this.

But I think those leaders, all of them, know well enough that in terms of the long term, this will end and the United States will have a budget. And the United States will still be the strongest power in the world, in terms of our military capacity, largest economy in the world, an economy that is now increasingly stronger by the day, a debt that is coming down, a deficit that is coming down, job growth that is robust – not as much as we want – but robust in the circumstances. And importantly, increasingly, an energy power in the world – increasingly independent. I think I saw statistics just the other day that said we are now the largest oil and gas energy producer in the world.

So that is not insignificant. And as the world takes stock of who stands for what who’s fighting for what and who is pushing what values, I believe the United States still stands tall and will not diminish one iota the influence or the direction that we are fighting to move in. So this is a momentary impact. Obviously, if it were prolonged, or it were repeated, people would begin, I think to question the willingness of the United States to stay the course, or its ability to. But that’s not the case, and I don’t think that will be the case. We will get beyond this moment.

And the President wants Ambassador Froman and Secretary Pritzker and myself to make it clear to people that we remain as committed as ever to this robust shift in the Asia rebalance, and that’s why the three of us are out here. And as I said, I just had a very successful 2+2 meeting, a meeting with the defense secretary and the foreign secretaries of Japan and the United States.

We are now here. I am not here for five hours. I’m not here for one day. I’m here for five days. And I go from here to Malaysia and to the Philippines and to Brunei, and, all told, I’ll be out in this part of the world for about almost two weeks. So I think that is a significant statement about the United States presence, about the President’s commitment, and I am absolutely confident that when we get this moment of political silliness behind us, we will be back on track, that the world will respect and want to be part of.

AMBASSADOR FROMAN: Indira, all I’d add on the TPP question is that, as Secretary Kerry indicated in other areas, this is a long-term engagement. The U.S., including the President, has been deeply engaged in this initiative from the start. It’s a key part of our rebalancing agenda, of the economic component of the rebalancing agenda. And we’ve been here for the last several days meeting around the clock as ministers and negotiators making significant progress on the negotiations. Of course, we wish the President were here to lead the meeting of TPP leaders later in the week, but Prime Minister Key of New Zealand has agreed to chair on his behalf. And the leaders are all looking forward to engaging on this issue because they know it’s an important initiative, and they very much see it as a key part of U.S. engagement in the region.

MS. PSAKI: Thanks, everyone.

SECRETARY KERRY: Thank you all very much. Good to be with you.

Thank you.

SECRETARY OF DEFENSE HAGEL SAYS MOST DEFENSE DEPARTMENT CIVILIANS RECALLED FROM FURLOUGHS

Hagel Announces Recall of Most Defense Department Civilians
By Army Sgt. 1st Class Tyrone C. Marshall Jr.
American Forces Press Service

WASHINGTON, Oct. 5, 2013 - Defense Secretary Chuck Hagel announced today he is recalling most of the Defense Department civilians who were placed on furlough as a result of the government shutdown which began Oct. 1.



"Today, I am announcing that most DOD civilians placed on emergency furlough during the government shutdown will be asked to return to work beginning next week," he said.



"Immediately after President [Barack] Obama signed the Pay Our Military Act into law, I directed DOD's acting general counsel to determine whether we could reduce the number of civilian personnel furloughed due to the shutdown," Hagel said.



The Defense Department, he said, consulted closely with the Department of Justice, which expressed its view that the law does not permit a blanket recall of all civilians.



"However, DOD and DOJ attorneys concluded that the law does allow the Department of Defense to eliminate furloughs for employees whose responsibilities contribute to the morale, well-being, capabilities and readiness of service members," Hagel said.



"Consequently, I am now directing the military departments and other DOD components to move expeditiously to identify all employees whose activities fall under these categories," he said.



Hagel noted he expects the military departments to be able to "significantly reduce – but not eliminate – civilian furloughs under this process."



"Employees can expect to hear more information from their managers starting this weekend," he added.



The defense secretary said the department has tried to "exempt as many DOD civilian personnel as possible" from furloughs, and will continue to try to bring all civilian employees back to work as soon as possible.



"Ultimately, the surest way to end these damaging and irresponsible furloughs, and to enable us to fulfill our mission as a department, is for Congress to pass a budget and restore funds for the entire federal government," Hagel said.



"This has been a very disruptive year for our people – including active duty, National Guard and reserve personnel, and DOD civilians and contractors," he said. "Many important activities remain curtailed while the shutdown goes on."

Civilians under furlough, Hagel said, face the uncertainty of not knowing when they will receive their next paycheck.



"I strongly support efforts in Congress to enact legislation to retroactively compensate all furloughed employees," he said.



"And I will continue to urge Congress to fulfill its basic responsibilities to pass a budget and restore full funding for the Department of Defense and the rest of the government," Hagel said.

Weekly Address: End the Government Shutdown | The White House

Weekly Address: End the Government Shutdown | The White House

FTC SENDS REFUNDS TO CONSUMERS HARMED BY CREDIT CARD INTEREST RATE REDUCTION ROBO-CALLERS

FROM:  U.S. FEDERAL TRADE COMMISSION 
FTC Sends Refunds to Consumers Harmed by Robocallers Who Claimed to Reduce Credit Card Interest Rates

The Federal Trade Commission is mailing 134 refund checks to consumers who lost money to a phony debt relief services scam that claimed it would dramatically reduce consumers’ credit card interest rates.  The scam operated under several names, including “AFL Financial Services,” and contacted consumers through robocalls that purported to be from “Card Services.”

More than $132,000 is being returned to consumers, each of whom will receive a refund of their full loss amount, ranging between $289 and $2,600.  Those who receive the checks from the FTC’s refund administrator should cash them within 60 days of the mailing date.  The FTC never requires consumers to pay money or to provide information before refund checks can be cashed.  Those with questions should call the refund administrator, Rust Consulting Inc., at 1-866-245-7027, or visit www.FTC.gov/refunds for more general information.
The FTC’s Bureau of Competition works with the Bureau of Economics to investigate alleged anticompetitive business practices and, when appropriate, recommends that the Commission take law enforcement action.  To inform the Bureau about particular business practices, call 202-326-3300, send an e-mail to antitrust{at}ftc{dot}gov, or write to the Office of Policy and Coordination, Bureau of Competition, Federal Trade Commission, 601 New Jersey Ave., N.W., Room 7117, Washington, DC 20001.  To learn more about the Bureau of Competition, read Competition Counts.  Like the FTC on Facebook, follow us on Twitter, and subscribe to press releases for the latest FTC news and resources.

DOD OFFICIAL SAYS U.S.-INDIA DEFENSE INDUSTRY COLLABORATION MOVES AHEAD

FROM:  U.S. DEFENSE DEPARTMENT
Carter: U.S.-India Defense Collaboration Moves to Next Level
By Cheryl Pellerin
American Forces Press Service

WASHINGTON, Sept. 30, 2013 - Deputy Secretary Ash Carter delivered a groundbreaking collaborative defense proposal to Indian military officials during his recent trip there and is committed to continuing to put new ideas on the table, he told an audience today at the Center for American Progress.

Carter traveled to India, Afghanistan and Pakistan on a 7-day trip that began Sept. 12, but at this event he focused on what he called the strong and rapidly growing defense partnership between the United States and India.

"In the United States, with U.S. industry ... we identified and put forward to the Indians a truly groundbreaking entirely new collaborative proposal to co-develop with India a next-generation Javelin antitank capability," Carter said.

The proposal addresses a key military requirement for both armies and is an unprecedented offer the United States has made unique to India, the deputy secretary added.

During the trip, Carter delivered a second round of potential capability areas of cooperation proposed by U.S. industry. And in India, Carter said he made sure to hear from senior Indian industry representatives about their ideas for increasing private-sector partnerships.

The push to reach the next level of defense collaboration and co-development with India comes after 15 months of effort between the countries to overcome bureaucratic obstacles to such work, Carter said.

The underlying program, called the Defense Trade Initiative, was devised by former Defense Secretary Leon E. Panetta and Indian National Security Adviser Shivshankar Menon, and Menon and Carter used DTI to find ways to take the nations' defense cooperation to the next level.

Among the advances made possible through DTI, Carter said, involved export controls.

"We have demonstrated repeatedly that we can release sensitive technology to India," Carter said.

"We've adapted our system in ways that will speed our release process for India," he added, "especially in the Department of Defense, recognizing that for ... all partners this process is subject to case-by-case review and there will always be some technologies that we will keep to ourselves."

Areas of progress include technology transfer, licensing agreements, license exceptions, end-use monitoring and others.

"We've also taken unprecedented steps to identify forward-leaning proposals by industry, from industry on both sides for defense items to be co-produced and -- the true measure of our common goal -- co-developed by the U.S. and India," Carter said.

These include a maritime helicopter, a naval gun, a surface-to-air missile system and a scatterable antitank system, all of which the deputy secretary discussed with Indian officials during his recent visit, he said.

"In each instance," Carter noted, "the United States has fast-tracked these projects to ensure that our internal processes are ready to go as soon as the Indian government wants to move forward."

U.S. and Indian research and development experts also play a critical role in areas that include the cognitive sciences and others in which DOD would incentivize increased cooperation by U.S. defense researchers, the deputy secretary said.

"I let the Indian government know last week that I will be incentivizing U.S. researchers who seek and find Indian partners in key research areas we identified previously," he added. "We'll ensure that those innovative projects receive priority funding. This is an approach we've only ever taken with the United Kingdom and Australia, and now India will join that company."

When Carter visited India a year ago, he visited the Lockheed Tata plant in Hyderabad, which assembles parts for the C-130J cargo plane, a partnership between an American company and an Indian company, he said.

"This was a partnership that was encouraged and applauded by the U.S. and Indian governments but was not founded by either one," Carter added.

"This year I had the opportunity to travel to Hindon Air Force Station, where the Indian Air Force operates a growing number of C-130Js and also C-17s," he said.

While he was there, the deputy secretary was briefed by an Indian Air Force pilot who landed and took off in a C-130J in the Himalayas from an altitude well above 16,000 feet, "certainly a record and quite an accomplishment," Carter said.

"We're excited to have the next tranche of six C-130Js included in a pipeline of several major defense sales currently under consideration by the Indian government," he added. "Our goal is for India to have all the capabilities it needs to meet its security requirements and to be a key partner in that effort."

The Defense Department also invests in joint exercises, Carter said, because the U.S. and Indian militaries remain the most visible cooperative efforts between the two nations and serve as a cornerstone of the defense cooperative relationship.

Such exercises allow the U.S. and Indian militaries exposure to one another's tactics, techniques and procedures, he said.

"They also allow Indian troops access to U.S. troops, making operating together possible if it proves necessary to further U.S. and Indian interests and, perhaps most importantly, helping foster person-to-person ties in the defense area that are so important to our two countries in other areas," Carter observed.

In May, he said, 200 Indian Army soldiers trained with members of the 82nd Airborne Division at Fort Bragg, [N.C.,] where they jointly conducted various scenarios related to a U.N. peacekeeping mission, from humanitarian assistance to air assault.

"I hear Indian soldiers were even able to shoot off a Javelin or two," the deputy secretary added. "And one day soon I'm confident that we'll co-develop these weapons."

As for the United States and India, Carter said, "we're each big, complicated democracies. We move slowly, but over the long run we also move surely. And that to me is the trajectory for us and India in the defense area."


UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT FOR WEEK ENDING OCTOBER SEPTEMBER 28, 2013

FROM:  U.S. DEPARTMENT OF LABOR 
Statement on release of September employment numbers

WASHINGTON — The Department of Labor issued the following statement about the September 2013 Employment Situation report:
"Due to the lapse in funding, the Employment Situation release which provides data on employment during the month of September, compiled by the U.S. Department of Labor’s Bureau of Labor Statistics, will not be issued as scheduled on Friday, October 4, 2013. An alternative release date has not been scheduled. The Employment Situation release includes the unemployment rate (from the household survey) and payroll employment (from the business establishment survey)."

UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT FOR WEEK ENDING OCTOBER SEPTEMBER 28, 2013
          SEASONALLY ADJUSTED DATA

In the week ending September 28, the advance figure for seasonally adjusted initial claims was 308,000, an increase of 1,000 from the previous week's revised figure of 307,000. The 4-week moving average was 305,000, a decrease of 3,750 from the previous week's revised average of 308,750.
The advance seasonally adjusted insured unemployment rate was 2.3 percent for the week ending September 21, an increase of 0.1 percentage point from the prior week's unrevised rate. The advance number for seasonally adjusted insured unemployment during the week ending September 21 was 2,925,000, an increase of 104,000 from the preceding week's revised level of 2,821,000. The 4-week moving average was 2,837,250, a decrease of 4,750 from the preceding week's revised average of 2,842,000.

UNADJUSTED DATA

The advance number of actual initial claims under state programs, unadjusted, totaled 252,092 in the week ending September 28, a decrease of 3,018 from the previous week. There were 301,054 initial claims in the comparable week in 2012.

The advance unadjusted insured unemployment rate was 1.9 percent during the week ending September 21, unchanged from the prior week. The advance unadjusted number for persons claiming UI benefits in state programs totaled 2,518,557, an increase of 55,408 from the preceding week. A year earlier, the rate was 2.2 percent and the volume was 2,821,233.

The total number of people claiming benefits in all programs for the week ending September 14 was 4,002,455, an increase of 81,089 from the previous week. There were 5,088,619 persons claiming benefits in all programs in the comparable week in 2012.

No state was triggered "on" the Extended Benefits program during the week ending September 14.

Initial claims for UI benefits filed by former Federal civilian employees totaled 1,032 in the week ending September 21, a decrease of 102 from the prior week. There were 2,150 initial claims filed by newly discharged veterans, a decrease of 4 from the preceding week.

There were 19,999 former Federal civilian employees claiming UI benefits for the week ending September 14, an increase of 976 from the previous week. Newly discharged veterans claiming benefits totaled 31,705, an increase of 372 from the prior week.

States reported 1,470,027 persons claiming Emergency Unemployment Compensation (EUC) benefits for the week ending September 14, an increase of 121,501 from the prior week. There were 2,143,049 persons claiming EUC in the comparable week in 2012. EUC weekly claims include first, second, third, and fourth tier activity.

The highest insured unemployment rates in the week ending September 21 were in Puerto Rico (4.0), Alaska (3.2), New Jersey (3.1), Virgin Islands (3.0), New Mexico (2.9), Connecticut (2.8), Pennsylvania (2.7), California (2.4), Illinois (2.4), Nevada (2.4), Arkansas (2.3), and District of Columbia (2.3).
The largest increases in initial claims for the week ending September 21 were in Oregon (+489), New Jersey (+327), Massachusetts (+306), Colorado (+304), and Maine (+194), while the largest decreases were in California (-3,754), Georgia (-2,719), New York (-2,376), South Carolina (-1,516), and Washington (-1,178).

SECRETARY OF DEFENSE HAGEL'S REMARKS ON USS STETHEM

FROM:  U.S. DEFENSE DEPARTMENT
Presenter: Secretary of Defense Chuck Hagel; Press Secretary George Little October 04, 2013
Remarks on USS Stethem

SECRETARY CHUCK HAGEL: Ladies and gentlemen, good morning. I am very proud of what you're doing. The president of the United States is proud of what you're doing. America is proud of what you're doing.

 I'm here in Japan for a couple of days, came over from South Korea before that, talked to troops, meetings. I think we've made some progress with our bilateral partners and friends to strengthen the alliance between the Japanese and the Americans, as well as the Republic of South Korea and the United States.

 The trilateral relationship of our three countries is particularly important. You play a big role in that. The 50,000 men and women who represent U.S. Forces Japan are really the anchor and the cornerstone of America's presence in the Asia Pacific. And we, again, appreciate your service and your sacrifices, and particularly your families'. And I want you to greet your families for me, tell your families that we appreciate what they're doing.

 These are challenging times. You all understand that better than almost anyone. You are right out here where it matters most. And you are doing work where there is little margin for error. It is critically important, as we build relationships and alliances and we defend our interests, as well as the interests of our allies. These are defining times.

These are times you will look back on as you complete your service to our country and have not only the sense of pride and purpose that you accomplished something pretty special, but you helped shape history, and that's what you're doing out here. You really are shaping history. You're not just observing history, but you are participating in history.

I know you're from all over. I've seen your backgrounds. You represent the best America has. And I know occasionally you wonder if anybody's paying attention. We are paying attention. And, again, I came out here specifically to say hello to you and to thank you for everything you're doing.

I've got some time for questions, advice, whatever you want to talk about. I'd be glad to spend some time with you on it. I always value what our troops think, what our people believe. What are we doing right? What are we doing wrong? I know as you look on Washington these days, it appears that we are having some difficulty governing ourselves. But that is part of the business of democracy.

You know that the president is totally committed to you. As you know, he signed a bill into law that exempts our military from the shutdown. That means, as you all know, our country wants you to stay on the job, needs you to stay on the job, and you're going to be paid for it. I know that's not an insignificant factor in your lives, but you were specifically cut out of the shutdown process by the Congress, and the president signed that bill into law.

So we'll get through this in Washington. Yes, it's difficult. It's messy. And you all are aware of that. But our country is too good, too strong. Our people are too good and too strong. We'll get through it, and we'll be better for it.

All right. What do you want to talk about? Anything.

I am well aware, by the way, of the history of this ship, who it was named after and why. I recall that -- that time in 1985, and I know your every proud to have Stethem's name on this ship and your part of it. And I know you recognize that every time there's a change of command, and it's a tremendous tradition to have Robert Stethem's brother come out here and be part of that change of command ceremony.

And I'm proud that we would recognize such a great American hero as Robert Stethem this way, in naming an important ship that is at the forefront of protecting America's interest and our allies' interest. Anything that you want to talk about. Yes?

Q: Mr. Secretary, the government shutdown, what's the effect on the DOD schools?

SECRETARY HAGEL: The question is DOD schools, how are they affected by the government shutdown? And we're exempting all of the -- the vital components of supporting our military. That's part of the exceptions. I have asked our lawyers and our comptroller to examine what additional civilians we could bring back. We had -- we were forced by law to furlough many, many of our civilian workers. But we're trying to find a solid legal interpretation here in the law that can bring back more people in support of our military.

The fact is, all our civilians who work for the Department of Defense support our military. There's no job in our Department of Defense that doesn't support the military. So I think theoretically -- I'm not a lawyer, but I do have some appreciation for common sense, and common sense tells you that if you're working for the Department of Defense, you're supporting the defense and the security of America, and you're supporting those who are on the front lines, those in uniform, like you, who do this nation's business. So we're going to take care of all the components of DOD that support you and your families.

Q: Good morning, Mr. Secretary --

SECRETARY HAGEL: I'm sorry. Yeah, I'll come back to you here. We'll get -- go ahead.

Q: (off mic)

SECRETARY HAGEL: That's a good question. The question was, what is the role of the United States in the next three years? Well, the president has been very clear on this point, that starting with the rebalance to the Asia Pacific, does not mean that we're retreating from any other part of the world. We're not.

We have responsibilities in the Middle East. We have friends. We have allies in the Middle East, as we do all over the world, and we will continue with our allies to play a role in the Middle East.

I think what happened at the United Nations last week was very positive, was very encouraging, to get the United Nations to act on the chemical weapons issue in Syria. We were able to bring the Security Council together on this. We are in the forefront of dealing with that. DOD is part of that.

I think, on the Iranian piece of this, there was very positive developments last week. A long way to go. Actions must match words. We're very clear-eyed and realistic about all of it. We have the greatest, strongest military in the world. We're the strongest nation in the world, our economy, our military, every component of who we are. That's how you assure your freedom and your security.

But at the same time, Secretary Kerry and I addressed this issue yesterday. Democracies engage. Engagement is a sign of strength. And we'll see where it goes. But I think we all agree that if we can resolve differences and problems peacefully, versus going to war, I think you're the first to agree that's probably a better option, because you've got to fight the wars.

So there will be a role for the United States in the Middle East. And as said, we're not retreating from any part of the world. Alliances become more and more critical, maybe more critical than they have ever been. It is building capacities for our allies, helping our allies. It's what we're doing here in the Middle East, part of what you're doing -- I mean, here in the Asia Pacific. It's what we're doing in the Middle East, is as you -- as you build alliances, strengthen those alliances, you strengthen their capabilities and capacities to defend themselves.

And that's much of what we're doing here, certainly in the Asia Pacific, as well as the Middle East and around the world.

GEORGE LITTLE: We're going to get one more.

SECRETARY HAGEL: Okay, one more. We had somebody in the front row here, yes.

Q: (off mic) with the government shutdown, will there be any effect on Seventh Fleet operations?

SECRETARY HAGEL: With the government shutdown, will there be any effect on Seventh Fleet operations? No.

Okay. (Laughter.) How's that? My team like it when I give one-answer -- one-word answers. How's that? I get myself in less trouble. (Laughter.)

Thank you all very much. Much success to you. We're very, very proud of you. Take care of yourselves. Thank you.

STUDENT LOAN DEFAULT RATES RISING

FROM:  U.S. DEPARTMENT OF EDUCATION 
Default Rates Continue to Rise for Federal Student Loans
SEPTEMBER 30, 2013


The U.S. Department of Education today announced the official FY 2011 two-year and official FY 2010 three-year federal student loan cohort default rates (CDR). The national two-year cohort default rate rose from 9.1 percent for FY 2010 to 10 percent for FY 2011. The three-year cohort default rate rose from 13.4 percent for FY 2009 to 14.7 percent for FY 2010.

The Department is replacing its CDR calculations from two-year to three-year calculations as required by the Higher Education Opportunity Act of 2008. Congress included this provision in the law because more borrowers default after the two-year monitoring period; thus, the three-year CDR better reflects the percentage of borrowers who ultimately default on their federal student loans.

The FY 2010 three-year cohort default rate is the second that the Department has issued, following the release of last year’s FY 2009 three-year cohort default rate. Under the law, only three-year rates will be calculated starting next year. At that time, three 3-year rates will have been calculated (FY 2009 published in 2012, FY 2010 published in 2013, and FY 2011 published in 2014).

“The growing number of students who have defaulted on their federal student loans is troubling,” U.S. Secretary of Education Arne Duncan said. “The Department will continue to work with institutions and borrowers to ensure that student debt is affordable. We remain committed to building a shared partnership with states, local governments, institutions, and students—as well as the business, labor, and philanthropic leaders—to improve college affordability for millions of students and families.”

To ensure that students are aware of the flexible income-driven loan repayment options available through Federal Student Aid (FSA), this fall the Department will expand its outreach efforts to struggling borrowers to inform them about the different plans. The Department has also released new loan counseling tools to help students and families make more informed decisions about planning for college. Students and families can visit www.studentaid.gov for more information.

Calculation and breakdown of the rates

For-profit institutions continue to have the highest average two- and three-year cohort default rates at 13.6 percent and 21.8 percent, respectively. Public institutions followed at 9.6 percent for the two-year rate and 13 percent for the three-year rate. Private non-profit institutions had the lowest rates at 5.2 percent for the two-year rate and 8.2 percent for the three-year rate.

The two-year CDR increased over last year’s two-year rates for both the public and for-profit sectors, rising from 8.3 percent to 9.6 percent for public institutions, and from 12.9 percent to 13.6 percent for for-profit institutions. CDRs held steady for private non-profit institutions at 5.2 percent. The three-year CDR increased over last year’s three-year rates for both the public and private non-profit sectors, rising from 11 percent to 13 percent for public institutions, and from 7.5 percent to 8.2 percent for private non-profit institutions. CDRs decreased for for-profit institutions, slipping from 22.7 percent to 21.8 percent.

The two-year default rates announced today were calculated based on a cohort of borrowers whose first loan repayments were due in FY 2011 (between Oct. 1, 2010 and Sept. 30, 2011), and who defaulted before Sept. 30, 2012. More than 4.7 million borrowers from nearly 6,000 postsecondary institutions entered repayment during this window of time, and more than 475,000 defaulted on their loans, for an average of 10 percent.

The three-year rates announced today were calculated based on the cohort of borrowers whose loans entered repayment during FY 2010 (between Oct. 1, 2009, and Sept. 30, 2010), and who defaulted before Sept. 30, 2012. More than 4 million borrowers from over 5,900 postsecondary institutions entered repayment during this window of time, and approximately 600,000 of them defaulted, for an average of 14.7 percent.

Sanctions

No sanctions will be applied to schools based on the three-year rates until the CDRs have been calculated for three fiscal years, which will be with the release of the FY 2012 rates next year. Until then, sanctions will continue to be based on the two-year CDR only.

Certain schools are subject to sanctions for having two-year default rates of 25 percent or more for three consecutive years, or over 40 percent for one year. As a result, these schools will face the loss of eligibility in federal student aid programs unless they bring successful appeals. Please click here for more information about possible sanctions: http://www2.ed.gov/offices/OSFAP/defaultmanagement/cdr2yr.html

The Department provides extensive assistance to schools to help minimize institutional cohort default rates. FSA provides a variety of training opportunities to the higher education community, including webinars and online training, participation in state, regional and national association training forums, and through face-to-face training events such as the FSA Training Conference for Financial Aid Professionals. In addition, any school with a three-year CDR of 30 percent or more must establish a default prevention task force and submit a default management plan to the Department. There were 221 schools that had three-year default rates over 30 percent.

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