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• In Cafe and Classrooms, International Flavors • Dow Jones: When The Dow Dives - The Influence Of Wall Street On The UK Market • Title 3 - The President - Certification for Major Illicit Drug Producing and Drug - Transit Countries - Memorandum for the Secretary of... • My Say - Losers and winners in ICT. • INDIAN PHARMACEUTICAL GIANT TO ENHANCE GLOBAL PRESENCE. • INDIAN PHARMACEUTICAL GIANT TO ENHANCE GLOBAL PRESENCE. • Seeking asylum but finding a cell. • The AFP news agenda for Wednesday, January 10 • New Mafias Go Global / High-tech trade in humans, drugs • A GLOBAL LEARNING VILLAGE METRO PITTSBURGH FIFTH IN ATTRACTING COLLEGE STUDENTS Series: PG BENCHMARKS • CHP-DSP spring atmosphere turns chilly - Death toll exceeds 110 in holiday's traffic accidents - Yes ... • Without vote, Assembly adopts text on consolidation of new, restored democracies; Begins debate on strengthening of UN humanitarian... • Mercosur [Common Market of the South] and the EU managed to overcome the main ... • DIARY - Energy - to December 21. • DIARY - Energy - to Dec 31. • CHINA TELLS NIGERIA IT WILL WRITE OFF DEVELOPING COUNTRY DEBT. • China Prepared To Write Off $1 Billion In Overseas Debt - Agency • China Prepared To Write Off $1 Billion In Overseas Debt - Agency • China Prepared To Write Off $1 Billion In Overseas Debt - Agency • China Prepared To Write Off $1 Billion In Overseas Debt - Agency • Arizona-Based Company Sells Unapproved HIV Product in China • Will VOA extend its reach? Voice of America struggles to redefine itself in a multimedia world • Nigerian Envoy invites Pakistani businessmen to invest in Nigeria. • Factiva Energy Digest - September 20, 2000. • Nigerian Envoy invites Pakistani businessmen to invest in Nigeria. • Diary for Thursday September 14, 2000. • A Belgian Cop's Lonely War Against Human Smugglers --- Despite Talk of Enforcement, His Office Budget Is Slim --- One Smuggler's Secrets of... • Belgian Detective Fights Trafficking In Human Cargo --- He's Not Alone, but It Often Seems That Way --- No Budget; No Cell Phone; Hundreds... • Nigeria - Largest Market in Sub-Sahara Africa. Page 1 © 2009 Factiva, Inc. All rights reserved. • Today's Domestic News Items from Xinhua (2). • News Highlights: Procter & Gamble's Jaeger To Step Down • Domestic News Items From Xinhua (1). • Domestic News Items From Xinhua (1). • HOUSE COMMITTEE ON INTERNATIONAL RELATIONS: SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS HOLDS HEARING ON CHILDREN'S RIGHTS I... • TREASURY POSTAL APPROPS • Fifth Committee takes up reports on administrative matters, discusses proposed definition for `exigency` in procurement • TREASURY-POSTAL APPROPRIATIONS • Oceans are on the critical list • HOUSE INTERNATIONAL RELATIONS SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS HOLDS HEARING ON CHINA, WTO, AND HUMAN RIGHTS • EU/US - SUPREME COURT TO EXAMINE MASSACHUSETTS BURMA LAW. • DIARY - Political and General - to November 11. • Remarks at a Democratic National Committee dinner • Y2K THREATS ABROAD • UN: Habitat agenda, human resources development, international migration weighed in Committee debate • Same Old Story. • The new world order and what we make of it • Y2K apocalypse now? Not quite, says report - Senate study finds economic threat to U.S. may come from hostile nations overseas • Poland looking into allegations it mistreated deported foreigners • Poland Investigates Police Treatment Of Foreign Tradesmen • COMPONENTS/SYSTEMS SERVICE COMPANIES • DRUG ENFORCEMENT ADMINISTRATION • INTERIORS/COMPLETIONS SERVICE COMPANIES LISTING • The silent, deadly remedy • NIGERIA - Business Directory/Business Guide. • LESOTHO - Business Directory/Business Guide. • Reuters World News Digest at 0530 GMT, Apr 12. • Pipeline to PROFITS.(petroleum companies developing oil fields in Caspian Sea region) • HEADLINE: National briefs • Continuing Controversies Over State and Local Foreign Policy Sanctions in the United States. • World-Wide • Roll Call Q&A Daley Discusses Digital Age & 'Da Bulls' Commerce Secretary Talks About Page 2 of 705 © 2009 Factiva, Inc. All rights reserved. Telecommunications, Internet Taxation, Y2K and Lower... Page 3 of 705 © 2009 Factiva, Inc. All rights reserved. The View From/Hamden Connecticut Weekly Desk; Section 14CN In Cafe and Classrooms, International Flavors By MELINDA TUHUS 1,083 words 1 April 2001 The New York Times NYTF Page 2, Column 1 English (c) 2001 New York Times Company A CHEF'S hat confers a certain status. That is what the organizers of an innovative dining program found when they set up a Kids Cafe at a Connecticut charter school. Around the country there are 300 Kids Cafes, an after-school program that distributes meals to needy children. The programs are initiated by America's Second Harvest, a hunger relief organization, and are financed by local food banks. The Kids Cafe at Highville Mustard Seed Charter School in Hamden is the first in Connecticut, and it is also one of a few where the children do the cooking. Highville, which has 260 students from preschool to seventh grade and focuses on international studies, is set up like the United Nations. A ''Secretary General'' sign hangs over the office of Lyndon Pitter, founder and director of the school. A meeting room marked ''General Assembly'' is decorated with flags and other international symbols. The open classrooms in the renovated phone company building on Leeder Hill Road in southern Hamden are named after a dozen countries, including China, Egypt, Italy, Sierra Leone, Jamaica, Ukraine and Nigeria, and represent the native lands of the students and the teachers. The children learn by studying the history, language and culture (including the foods) of their assigned countries. That is why the Kids Cafe is such a natural fit for the school, which received a $5,000 grant from the Connecticut Food Bank. Three-quarters of the students receive a free or reduced-price meal and so could benefit from a nutritious meal. Page 4 of 705 © 2009 Factiva, Inc. All rights reserved. But more important, Mr. Pitter said: ''The Kids Cafe connects the whole world for the children. It helps them realize that people in different countries have different cultures. They learn what countries import and what they export. They learn that some people have food and some people don't.'' The cafe, which opened in October, is run like a restaurant where the children are seated at long tables and served by fellow students. Those dining practice restaurant etiquette, while those working get a taste of a real job in the food service industry. ''Sometimes background music is played, classical or reggae,'' Mr. Pitter said. On most days, about 40 children eat in the cafe, but on Thursdays, which is early dismissal day, the number doubles. During a recent Thursday meal, things got so noisy -- much like a school cafeteria and not a restaurant -- that the students were given a collective timeout. When 100 students applied for the 10 available cafe jobs, the school seized an opportunity for a realworld learning experience. ''We took it from an educational standpoint,'' Larry Lucky, the school's chef, said. ''We took a standard job application and changed some things. Where it asked, 'Have you ever been arrested?' we asked, 'Have you ever been suspended?' '' A suspension did not necessarily eliminate an applicant from consideration, Mr. Lucky said. The students also had to provide references and were interviewed by three adults at the school. ''All the kids work every position from dishwasher to chef,'' Mr. Lucky said of his crew of sixth and seventh graders, who work three days a week, three hours a day. ''I tell them no one position is more important than any other.'' The youngsters wear chef's jackets and hats, along with gloves and hair nets. And they all know the No. 1 priority for working in the Kids Cafe: ''Wash your hands.'' Last month, the school started paying the students who work at Kids Cafe. They receive a special Highville currency that can be converted to United States currency at the school bank and spent only at the school store. They are paid the equivalent of $5 an hour. Mr. Pitter said that the process simulated international trade. When asked why they wanted to work in the Kids Cafe, most students said they wanted to help people or Page 5 of 705 © 2009 Factiva, Inc. All rights reserved. to learn what a real job was like. Andre Wilson, a sixth grader, said, ''I wanted to earn money for the store.'' As for why they believed they were selected from the large pool of applicants, one student believed it was because of her leadership qualities, another said she had great teacher references. ''I think I got picked because I didn't get a single detention this year,'' Andre said. When it comes to meals, Mr. Lucky said he often prepared dishes from various countries to celebrate their national holidays. One of the dishes served was African peanut stew with chicken, made with peanut butter. At first, some students were hesitant to eat. ''After they saw people try it, they started trying it,'' said Tiara Dickey, a seventh grader who works in the cafe. ''Then they sent us back to the kitchen to get more.'' The young cooks are enthusiastic about their food creations, but less so about other job details. For one, they do not get to eat until they finish cooking and cleaning up. Also, they must contend with the annoyances of their peers. Some of the students are rambunctious and sometimes drop their food on purpose. ''We have to have a lot of patience,'' Francesca Logan, a sixth grader, said. ''They give us a hard time because we are kids.'' Those who misbehave get three warnings for breaking the rules of etiquette and are sent to the penalty table and consigned to eat peanut butter and jelly sandwiches. But for the most part, it seems the students approve of the meals. Georgia Goldburn, a teacher and the adviser for the Kids Cafe, said the student workers meet with her in the General Assembly room after work and discuss the service component of the dining project. ''They are going to do research on basic facts of hunger and nutrition,'' Ms. Goldburn said. ''Then they are going to choose a way for the Kids Cafe to serve the community, either by inviting a group in or by cooking food and taking it out to a group in the neighborhood.'' For information on Kids Cafes, visit America's Second Harvest Web site at secondharvest.org. Photos: Chef Larry Luck, above, runs the Kids Cafe at Highville Mustard Seed Charter School, where students like Tiara Dickey, top right, help serve and prepare meals for fellow students after school. Below, Daryl Wilson, left, and his brother Andre chopping lettuce for salads. (Photographs by Thomas McDonald for The New York Times) Page 6 of 705 © 2009 Factiva, Inc. All rights reserved. Document nytf000020010712dx4100gzk Page 7 of 705 © 2009 Factiva, Inc. All rights reserved. Dow Jones: When The Dow Dives - The Influence Of Wall Street On The UK Market CHRIS BUTLER AND THE IC'S COMPANIES WRITERS 1,992 words 30 March 2001 Investors Chronicle INVR 24 English Copyright (C) 2001 Investors Chronicle; Source: World Reporter (TM) One thing is certain. When the Dow dives the FTSE 100 follows. In every year of the last 10, the markets in the US and the UK have moved in the same direction. In the past year, they have done so in eight out of 12 months. In the past few weeks, US markets have again spiralled downwards dragging the FTSE 100, the All Share and the FTSE SmallCap with them. Wall Street's influence on the UK market is obvious. The US accounts for 48 per cent of the world's equity by value and when it moves, the UK reacts in a similar fashion. It is estimated that the US accounts for 30 per cent of the earnings of the FTSE 100 companies. So it is not only the trend that matters, but also the exposure to the US economy. If the US slips into recession or fails to grow, some companies and sectors in the UK are hit more than others. So how can investors protect their UK portfolio against any US downturn regardless of the severity? Tony Jackson, the UK equity strategist at Charterhouse Securities, has analysed those UK sectors that are most responsive to Wall Street. He compared the past behaviour of each sector in the UK and US using Datastream sector indices. Having established the percentage movement in the same sector in the UK and US, he calculated the difference in the two movements, then calculated the standard deviation in those differences over time. Jackson looked at quarterly sector movements over the past decade and also daily movements over the past year. The smaller the figure, the greater the correlation between US and UK movements. The results, shown in the table, threw up some surprises. Page 8 of 705 © 2009 Factiva, Inc. All rights reserved. The list of sectors most responsive to the US included the obvious oil and pharmaceuticals sectors. Construction, however, was also on the list, which owes much to building materials companies, many of which are heavily exposed to the US market. Among those sectors relatively immune from US influence, one surprise is IT hardware. The UK software sector also has relatively little exposure to the US and other sectors that do not respond so much to US forces include electronics, mining, steel and paper. In the IT sector, the perception might reasonably have been that the US and UK were highly correlated, if only because the Techmark index is widely associated with the US Nasdaq market. In fact the reverse is the case. IT hardware is the least correlated sector of all, with software not far behind it. And it is not just a statistical quirk. In the course of the last year, when the IT sectors were going through boom and bust, both hardware and software moved in opposite directions in the US and UK during two quarters out of four. In the first quarter the UK hardware sector fell 22 per cent while the US sector rose 27 per cent. In the third quarter UK software rose 17 per cent while US software fell 8 per cent. A large part of the explanation lies in exposure to the US economy. Logica, the largest UK software company, gets less than 10 per cent of earnings from the US while the third largest, CMG, gets none at all. Conversely, look at food manu-facturing, which investors might expect to be a domestic affair. Food is in fact one of the most correlated sectors, with the UK sector falling 7 per cent in the first quarter and the US falling 11 per cent. In the fourth quarter they both rose by 25 per cent. The explanation is that three quarters of the sector is accounted for by just two companies - Unilever, with 26 per cent of its operating profit in North America, and Cadbury Schweppes, with nearly 60 per cent. The same is true of construction where there is high correlation largely because the dominant companies in the sector, Hanson, Blue Circle and Wolseley, derive between 40 and 60 per cent of their earnings from North America. Other sectors and companies with a high dependence on US earnings include pharmaceutical giants GlaxoSmithKline and AstraZeneca. In oil, BP Amoco and Shell have a large US exposure as do transport groups BAA and British Airways. The sectors not highly correlated with the US market are smaller in overall size. The top quartile of the sectors in the table account for a third of the FTSE All Share by value. Page 9 of 705 © 2009 Factiva, Inc. All rights reserved. The bottom quartile, with less correlation, account for just 8 per cent. For investors looking to protect themselves from a drop in US prices, they should be looking to go underweight in oils, pharmaceuticals and construction and in particular stocks in foods and transport. They should statistically be buying IT hardware and software, paper, steel, mining, personal care and packaging. But the IT software sector has been so volatile recently and so closely linked to Nasdaq that it looks a bit too risky as a safe haven. But investors looking for an IT company without significant exposure to the US slowdown could do worse than backing IT resources and consultancy group Anite. Although the US is an attractive future market, particularly for its telecoms testing software, Europe is very much the focus for revenue today. Interim results demonstrated the strength of Anite. While testing next generation mobile phones and networks for the likes of Nokia, Ericsson and Vodafone provided the fastest growth - sales doubled to GBP11.6m - the biggest earner remains IT consultancy. Built around a series of European acquisitions and benefiting from a blue chip clientele, including DaimlerChrysler and Dresdner Bank, the consultancy division increased by 20 per cent to GBP47.3m, more than half the group's sales at the interim stage. Anite also looks well placed to profit from the travel industry's migration to the internet - sales of its ecommerce solutions for the sector rose by a third. With analysts expecting full year pre-tax profits before goodwill amortisation and one-off costs to rise by a third to GBP18m (EPS 4.9p), the recent sentimentrelated shares slide offers an excellent buying opportunity. In the paper sector, there could be a case for buying David S Smith. After a profits warning in February the shares are trading on a PE ratio of less than nine and offering a 5 per cent plus yield. But too often one profit warning has been followed by another, so RPC may offer a better alternative. RPC is not only shielded from a possible recession in the US - 98 per cent of turnover comes from Europe - but its concentration on consumer packaging to the food and cosmetic industries means its protected from a potential slowdown here too. Packaging companies have been unloved by the stock market for many years, which means that despite RPC's impressive record it trades on a PE ratio of just 10. The group operates in a niche market and is renowned for its innovative designs that help companies sell their products. It designed the award winning new packs for Smarties and the squeezable tomato ketchup bottles for example. The group also operates in a highly fragmented market, where it has a 2.5 per cent share, but has been an active consolidator. Its last purchase was the GBP23.5m acquisition of German cosmetics packaging group Wiko in July. The one cloud on the horizon is the rise in polymer prices. At the half year to the end of September Page 10 of 705 © 2009 Factiva, Inc. All rights reserved. earnings dropped because the group couldn't pass on higher transport and raw material costs. But management is already pushing through price increases of around 5 per cent and polymer prices are expected to fall this year as capacity increases. The group's limited exposure to the US, immunity from economic downturns, low rating and high yield mean it's a safe bet in the current climate. Personal care companies rate highly on a 10-year or 1-year view as a sector that will not follow the US market downwards. The major UK group in the sector is Reckitt Benckiser, which on fund-amentals, looks a fairly priced investment. But it does derive around a quarter of its profits from the US, so a better bet might be Paterson Zochonis. Soap may not be an exciting product, but even though the group's shares are near a one-year high, they may have further to go. The company has virtually no exposure to the US market, has been buying back its own shares at 445p. It has net funds of more than GBP100m, which is a nice comfort for a company with a market capitalisation of around GBP200m. Although it doesn't have exposure to the US, Paterson Zochonis does operate in a number of "risky" areas such as Russia, Poland, China, Nigeria and a few others besides. At the half way stage, profit to 30 November 2000 slumped from GBP27.5m to GBP22.1m. For the full year, house broker Cazenove is looking for GBP43m against GBP45.5m. Looks good value. Steel is another lowly correlated sector, but here there is really only one UK play - Corus. But the company has been beset with problems almost from the outset. For the 15 months ending 31 December 2000, Corus reported an operating loss of GBP1,152m and Corus admits that the current year presents critical challenges. A better bet is Chloride from the electronics/electrical sector. Chloride is one of those companies that makes vital but relatively obscure electronic equipment. In this case, it's power protection systems, which regulate power supplies to prevent unexpected surges and shut-outs. The shares were a real favourite in the tech boom, and reached 226p last October. But times have been harder recently as the shares have fallen to 99p because of sales by directors, fears over the telecom and technology sectors (which Chloride had touted as high growth areas for its systems) and concern over the company's exposure to the US. This final reason is possibly the weakest. While a drop in telecoms and IT spending would be harmful, it would not be disastrous for Chloride. Any fears of US exposure are unfounded though. Chloride has recently disposed of all but one of its US businesses. In the 1999/2000 financial year, 33 per cent of turnover came from the US. Beeson Gregory forecasts that the number will have fallen below 15 per cent by the end of the 2001/2002 financial year. Chloride needs some extra exposure to the US power Page 11 of 705 © 2009 Factiva, Inc. All rights reserved. protection market, and with GBP14m of net cash, the company is well placed to benefit if US businesses start to look cheap. For the moment, Chloride is a firmly European business and trading on 18 times forecast EPS, the shares look cheap. Finally, the mining sector is global and stocks have proved resilient so far. Billiton, set to merge with BHP, has no exposure to the US and in UK terms has a modest pe below 15 and a very modest yield of under 3 per cent. But it is a big player with a GBP7bn plus market capitalisation and has a wide range of metal and mining interests in Australia, South America, Canada, South Africa. It is one of the world's largest aluminium, chrome, manganese ores, nickel, copper and one of the largest exporters of thermal coal. The merger increases exposure to coal and iron ore - and prices for these commodities are rising. Billiton is a big player in aluminium, prices of which are being supported by supply shortages caused by US power problems. In short, Billiton is a good defensive stock. Financially Billiton is sound and interim results showed earnings per share up from 11.6 US cents to 15.4 US cents. Document invr000020010711dx3u002r3 Page 12 of 705 © 2009 Factiva, Inc. All rights reserved. Presidential Documents Title 3 - The President - Certification for Major Illicit Drug Producing and Drug - Transit Countries Memorandum for the Secretary of State 11,514 words 12 March 2001 Federal Register FREG 14454 Vol. 66, No. 48 English Copyright (c) 2001 Federal Information & News Dispatch, Inc. All rights reserved By virtue of the authority vested in me by section 490 (b) (1) (A) of the Foreign Assistance Act of 1961, as amended (the "Act"), I hereby determine and certify that the following major illicit drug producing and/or major illicit drug transit countries have cooperated fully with the United States, or have taken adequate steps on their own, to achieve full compliance with the goals and objectives of the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances: The Bahamas, Bolivia, Brazil, People's Republic of China, Colombia, Dominican Republic, Ecuador, Guatemala, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam By virtue of the authority vested in me by section 490 (b) (1) (B) of the Act, I hereby determine and certify that, for the following major illicit drug producing and/or major illicit drug transit countries that do not qualify for certification under section 490 (b) (1) (A), the vital national interests of the United States require that assistance not be withheld and that the United States not vote against multilateral development bank assistance: Cambodia and Haiti Analysis of the relevant U.S. vital national interests and risks posed thereto, as required under section 490 (b) (3) of the Act, is attached for these countries. I have determined that the following major illicit drug producing and/or major illicit drug transit countries do not meet the standards for certification set forth in section 490 (b): Page 13 of 705 © 2009 Factiva, Inc. All rights reserved. Afghanistan and Burma In making these determinations, I have considered the factors set forth in section 490 of the Act, based on the information contained in the International Narcotics Control Strategy Report of 2001. Given that the performance of each of these countries has differed, I have attached an explanatory statement for each of the countries subject to this determination. [Page Number 14455] You are hereby authorized and directed to report this determination to the Congress immediately and to publish it in the Federal Register.\S\ George W. Bush THE WHITE HOUSE, Washington, March 1, 2001. [Page Number 14456] Annual Drug Certification Determinations Pursuant to the Foreign Assistance Act Statements of Explanation Afghanistan Afghanistan continues to be the world's largest opium producer after another year of major increases. Despite severe drought conditions in much of the country, reliable United States Government estimates indicate that cultivation increased by 25 percent and potential production reached 3,656 metric tons. Afghanistan was responsible for 72 percent of the world illicit opium supply. Traffickers of Afghan heroin continued to route most of their production to Europe, but also targeted the United States. United States seizure data suggest that at least five percent (approximately one metric ton) of the heroin imported into the United States originates in Afghanistan. The Taliban and Northern Alliance factions vie for national control of Afghanistan and both control territory used by cultivators, refiners and traffickers. United Nations Drug Control Programme (UNDCP) and non-governmental organization (NGO) efforts at supply and demand reduction have had little success due to the lack of cooperation and support from the Afghan factions. The factions, especially the Taliban, which controls 96 percent of the territory where poppy is grown, promote poppy cultivation to finance weapons purchases as well as military operations. Those in positions of authority have made Page 14 of 705 © 2009 Factiva, Inc. All rights reserved. proclamations against poppy cultivation, but they have had little or no effect on the drug trade, which continues to expand. The Taliban issued in late July a new ban on poppy cultivation. At the end of the year, evidence showed that the area under cultivation was down substantially over the previous year. However, it is not clear to what extent the Taliban will enforce the ban on a continuing basis. Nor is it clear that a ban on poppy cultivation will impede a drug trade suspected by the international community to have large quantities of opium in storage. The announcement of the opium ban has caused opium prices to rise, a boon for traffickers sitting on large stockpiles. Neither the Taliban nor the Northern Alliance has taken any significant action to seize stored opium or precursor chemicals, or to arrest and prosecute drug traffickers. On the contrary, authorities continue to tax the opium poppy crop at about ten percent, and allow it to be sold in open bazaars, and to be traded and transported. While there have been credible reports of significant reductions in poppy cultivation, it will not be possible to assess the extent of any eradication or reduction in cultivation until mid-2001. The Taliban made no discernible attempt to enforce earlier decrees in 1997 and 1999 that banned or reduced poppy. Rather, cultivation increased countrywide in those years. Drug production in and trafficking from Afghanistan has a negative effect on the region. The drug trade corrupts local authorities, is the major factor behind skyrocketing regional heroin addiction in refugee and indigenous populations, and is responsible for increased levels of terrorism and drug- related violence in neighboring countries. The Afghan drug trade also undermines the rule of law by generating large amounts of cash, contributing to regional money laundering and official corruption in countries with weak economies and institutions. United States officials have repeatedly urged Taliban officials to respect and implement Afghanistan's international obligations on terrorism, illicit drugs, and human rights. No Afghan faction took any significant steps to achieve the goals and objectives of the 1988 UN Drug Convention. In the absence of an effective central government, a trained anti-drug force, and an operational drug policy, there is virtually no counterdrug law enforcement in Afghanistan. The Bahamas [Page Number 14457] The Bahamas is a major transit country for U.S.-bound cocaine and marijuana from South America and the Caribbean. The Government of the Commonwealth of the Bahamas cooperates with the United States Government to interdict drugs in Bahamian territory, reduce drug demand, combat exploitation of the offshore financial sector by money launderers and other financial criminals, and enhance the ability of Page 15 of 705 © 2009 Factiva, Inc. All rights reserved. the Bahamian judicial system to prosecute and convict drug traffickers and money launderers. During 2000, The Bahamas continued its active participation in Operation Bahamas and Turks and Caicos (OPBAT), a three-nation interdiction effort against air and maritime drug smuggling. Total Bahamian cocaine seizures were 47 percent higher than in 1999; marijuana seizures were up five percent. In June 2000, the Financial Action Task Force (FATF) named The Bahamas a non-cooperative jurisdiction due to deficiencies in its anti-money laundering regime, and in July 2000, the United States Treasury Department advised U.S. banks to closely scrutinize all transactions with Bahamian banks. In response, the Government of the Commonwealth of the Bahamas passed legislation to strengthen its anti-money laundering regime, to create a Financial Intelligence Unit (FIU), to reform its strict banking secrecy rules, and to more effectively regulate International Business Companies (IBCs). The Bahamas also created a separate unit within the Attorney General's Office to process Mutual Legal Assistance Treaty (MLAT) requests and cleared its backlog of outstanding United States Government requests. With full implementation of its new anti-money laundering legislation, establishment of the FIU, and continued improvement in international cooperation via full and rapid responses to MLAT requests, The Bahamas could become less attractive to financial criminals. The Government of the Commonwealth of the Bahamas has not begun to implement the recommendations of a May 2000 assessment by the Organization of American States Inter-American Drug Abuse Commission (OAS/CICAD) of The Bahamas precursor chemical control system, which included legislative actions, awareness-raising, and institutional development. During 2000, the Government of the Commonwealth of the Bahamas ratified the Inter-American Convention Against Corruption and successfully prosecuted two corrupt police officers for drug trafficking. The Bahamas is a party to the 1988 UN Drug Convention and works to meet the goals and objectives of that Convention. Bolivia In 2000, the Government of Bolivia eliminated all commercially significant coca cultivation in the Chapare, Bolivia's principal coca-growing region. With only 14,600 hectares remaining under cultivation in all of Bolivia, largely in the Yungas region, Bolivia's potential cocaine production was reduced from 70 metric tons in 1999 to 43 metric tons in 2000. Plans are underway to initiate coca eradication and counterdrug alternative development in the Yungas region, where 12,000 hectares of legal and 1,700 hectares of illegal coca remain. The Government of Page 16 of 705 © 2009 Factiva, Inc. All rights reserved. Bolivia is also undertaking a reevaluation of the needs of the legal coca market, with a view to revising downward the legal maximum amount that can be grown. There are no reports of diversion to the illegal markets of the 300 hectares of illegal coca in the Apolo region. Eradication forces will remain in the Chapare to eliminate the last 600 hectares of coca and to fully enforce the provisions of Bolivia's anti-drug law. Violent disturbances in October failed to derail the progress in coca eradication; however, their negative impact on overall economic activity in Bolivia was significant. The disturbances also threatened counterdrug alternative development production infrastructure and hard-won market linkages with Argentine and Chilean buyers. Enforcement of Bolivia's anti-money laundering legislation was not effective in 2000, and there were no arrests or prosecutions. The asset seizure and forfeiture regime remains mired in bureaucratic and legal ambiguities. [Page Number 14458] It is unclear if new regulations planned to take effect in May 2001 will resolve attendant constitutional questions. The chemical interdiction program, however, was highly successful in 2000, and continued to force Bolivian traffickers to rely on inferior substitutes for scarce and expensive chemicals smuggled in from neighboring countries and to streamline the cocaine base and hydrochloride (HCl) production process. This resulted in the further reduction of the purity of Bolivian cocaine, causing most foreign traffickers to purchase base in Bolivia or import Peruvian base through Bolivia for transshipment and processing into HCl in Brazil where essential chemicals are readily available. Brazil Brazil continues to be a major transit country for illicit drugs shipped to the United States and Europe as well as a major producer of precursor chemicals. The Government of Brazil's two main counterdrug events of 2000 were the launch of Operation Cobra and the clarification of the division of counterdrug responsibilities. Operation Cobra reinforces Brazil's northern border with Colombia against any spillover resulting from implementation of Plan Colombia by the Government of Colombia. In addition, the Government of Brazil reorganized its counterdrug effort to give responsibility for supply reduction (interdiction) to the Ministry of Justice and its sub-agencies (including the Federal Police) and responsibility for demand reduction (treatment and prevention) to SENAD, its federal anti-drug agency. Brazil's domestic drug problem is increasing. Regionally, Brazil continues to cooperate, particularly with Colombia and Peru, to effectively control the remote frontier regions where illicit drugs are transported. Page 17 of 705 © 2009 Factiva, Inc. All rights reserved. Federal Police reported seizing more than four metric tons of cocaine in 2000, a figure which does not reflect the additional drug seizures made by state, local, and highway police forces. A record amount of cannabis, 157 tons, was also reported seized. Brazil improved its precursor chemical controls. Law enforcement cooperation overall increased, as well, among Brazilian law enforcement agencies and regionally, particularly with Paraguay. Brazil made progress in implementing its money laundering legislation. In its bilateral relationship with the United States, the Brazilian Congress ratified the Mutual Legal Assistance Treaty in December, and resumed negotiations on a Customs Mutual Assistance Agreement. Burma The world's second largest source of illicit opium and heroin, Burma accounts for approximately 80 percent of the total production of Southeast Asian opium, although production has declined yearly since 1996. Poppy cultivation expanded in 2000 to 108,700 hectares, a 21 percent increase over the 89,500 hectares cultivated in 1999. Because of localized bad weather, Burma produced 1,085 metric tons of opium in 2000, a decrease of 5 metric tons from the 1,090 metric tons produced in 1999. Heroin seizures declined for the third straight year, and opium seizures rose only slightly. Heroin seized in 2000 totaled 171 kilograms compared to 273 kilograms in 1999 and 404 kilograms in 1998. Opium seizures in 2000 totaled 1,528 kilograms compared to 1,445 kilograms seized in 1999 and 5,394 kilograms seized in 1998. Only two heroin refineries were destroyed through November 2000. The Government of Burma claimed to have eradicated 10,985 acres under poppy cultivation in 2000. In 2000, Burmese officers seized approximately 27 million methamphetamine tablets, a decrease from the nearly 29 million seized in 1999 and only a small fraction of the total produced in Burma. Seizures of ephedrine, the precursor used to manufacture methamphetamines, also declined from nearly 6,500 kilograms in 1999 to approximately 2,700 kilograms in 2000. The Government of Burma pursued a cautious, low-risk counterdrug program, introduced no new counterdrug policies, continued to exert little direct pressure on major drug organizations, and made almost no attempt to seize drugs or destroy illegal drug factories in United Wa State Army-controlled territories. [Page Number 14459] The Government of Burma continued to pursue and arrest individual drug traffickers, including members of some former insurgent groups, but has been unwilling or unable to take on the most powerful groups directly. The cease- fire agreements signed with these insurgent groups often implicitly condone their Page 18 of 705 © 2009 Factiva, Inc. All rights reserved. continued participation in drug production and trafficking, at least over the short term. The ethnic drugtrafficking armies, such as the United Wa State Army and the Myanmar National Democratic Alliance Army, remain armed and heavily involved in the heroin trade. The Government of Burma expressed support for poppy eradication and crop substitution, but allocated few resources to such projects. Its policy is to force the leaders in the ethnic areas to spend their own revenues, including from the drug trade, on social and physical infrastructure. The approach limits the Government of Burma's ability to continue or expand its counterdrug efforts. Burma's 1993 Narcotic Drugs and Psychotropic Substances Law conforms to the 1988 UN Drug Convention and contains useful legal tools for addressing money laundering, seizing drug-related assets, and prosecuting drug conspiracy cases. Government officials, claiming they lack sufficient expertise, have been slow to implement the law, targeting few, if any, major traffickers and their drug- related assets. Money laundering in Burma and the return of drug profits laundered elsewhere are thought to be significant factors in the overall Burmese economy, although the extent is impossible to measure accurately. The Government of Burma continued to refuse to transfer to U.S. custody drug lord Chang Qifu on grounds that he had not violated his 1996 surrender agreement. The 1988 UN Drug Convention obligates parties, including Burma, to prosecute such traffickers. The Government of Burma's counterdrug efforts in 2000 showed progress in a number of areas: crop eradication continued with modest expansion; anti-drug forces conducted more vigorous law-enforcement efforts; and members of some cease-fire groups were arrested for drug trafficking. Such efforts must be expanded, however, if they are to have a significant impact on the overall trafficking problem. On balance, the United States Government remains concerned that Burma's efforts are not commensurate with the extent of the illicit drug problem within its borders. Large-scale poppy cultivation and opium production continues, and enormous quantities of methamphetamines are produced. The Government of Burma's effective toleration of money laundering, its unwillingness to implement its counterdrug laws, and its failure to transfer notorious traffickers under indictment in the United States are all serious concerns. Cambodia Cambodia remained a weak link in the region's efforts to combat the drug trade. Through 1998, chronic political instability hindered Cambodia's ability to mount a sustained counterdrug effort. Cambodia's institutions are now only slowly improving. The Government of Cambodia recognizes that its counterdrug Page 19 of 705 © 2009 Factiva, Inc. All rights reserved. performance to date has been inconsistent and often ineffective, and there is widespread recognition that the country must be more aggressive in tackling drug-related issues. There was some progress in improving law enforcement and limiting corruption in 2000, but there was insufficient progress for Cambodia to qualify for full certification. There were positive developments reported. Cambodia's lead counterdrug agency, the National Authority for Combating Drugs (NACD), cooperates closely with the U.S. Drug Enforcement Administration, regional counterparts, and the UNDCP. Cambodia is a party to the 1993 Regional Memorandum of Understanding on Drug Control, and is also a party to a six-country Subregional Action Plan for Drug Control. In mid-2000, the United States Government permitted mid-level Cambodian officials to participate [Page Number 14460] in courses at the International Law Enforcement Academy (ILEA) in Bangkok, an initial step toward fulfilling critical training shortcomings. The Government of Cambodia continued to have some success in combating illegal cultivation of marijuana. The military conducted numerous sweeps against marijuana producers in the major growing zones and destroyed 60 hectares in 2000, three times the previous total. However, seizures of harvested marijuana declined. The Prime Minister spoke out forcefully against corruption. He fired some high level officials, including a provincial governor and his staff, for involvement in illegal logging, and publicly threatened to fire another governor for failure to act against illegal marijuana cultivation. Despite those positive developments, corruption in Cambodia remained prevalent. Until this crucial problem is more fully addressed, effective law enforcement will remain elusive. The institutions needed to combat illegal drugs remain in a nascent state, and neither the institutions nor many of the officials within them are sufficiently competent to address the problems they face. This combination of a lack of competence and continued corruption results in Cambodia failing to meet the standards for full certification. A vital national interests certification is necessary again this year to protect U.S. vital national interests in Cambodia. Democracy in Cambodia is progressing. This year the legislature passed laws to create an international tribunal to bring to trial the former leaders of the Khmer Rouge, a major step towards greater international acceptance and one that will require donor assistance to Cambodia. Should sanctions be imposed, it would not be possible for the United States Government to assist in strengthening Cambodia's democratic development. Cambodia remains vulnerable to drug trafficking and other crime due to the Page 20 of 705 © 2009 Factiva, Inc. All rights reserved. weakness of its institutions, a vulnerability that will also put at risk its immediate neighbors. This vulnerability would only be exacerbated by the consequences of decertification. The risks to democracy in Cambodia and to regional stability outweigh the risks posed by Cambodia's failure to fully implement effective drug control. China The People's Republic of China (hereafter, China) continued a multifaceted approach to combat the use and trafficking of illicit drugs. Preliminary figures suggest that heroin seizures will mirror those in 1999, which fell steeply from record levels in 1998, but most seizures of Burmese heroin now take place in China. Seizures of amphetamine-type stimulants (ATS) skyrocketed in 2000, demonstrating the growing threat from synthetic drugs in China. For the first time, Chinese authorities provided the United States Government with samples of drugs seized en route to the United States. China cooperated with the United States and other countries in providing pre-export notification of dual-use precursor chemicals, and continues to cooperate actively on operational issues with the U.S. Drug Enforcement Administration through its office in Beijing. China eliminated new anonymous bank accounts to combat money laundering. China's domestic counterdrug strategy emphasizes both education and rehabilitation. The approach includes anti-drug education for all school children, warnings to citizens of the link between intravenous drug use and HIV/AIDS, and a pilot "drug free communities" program. During 2000, China cooperated with the UNDCP and regional states on projects on demand-reduction and on crop-substitution in Burma and Laos. The United States and China signed a Mutual Legal Assistance Agreement in June 2000, but China has not yet activated the bilateral Customs Mutual Assistance Agreement signed in 1999. In October, China signed a Memorandum of Understanding with Thailand to enhance counterdrug cooperation and in November signed a bilateral cooperation accord with Laos on transnational crimes, including illicit drug trafficking. China is a party to the 1988 UN Drug Convention, the 1961 UN Single Convention on Narcotic [Page Number 14461] Drugs and its 1972 Protocol, and the 1971 UN Convention on Psychotropic Substances. Law enforcement cooperation with the United States Government has advanced over the last three years, but China frequently does not respond to U.S. requests for information or responds too late to be of operational value. China has also continued its nonengagement in the Asia-Pacific Group on Money Page 21 of 705 © 2009 Factiva, Inc. All rights reserved. Laundering and did not pursue membership in the Financial Action Task Force. Despite some shortcomings, China has acted forcefully to stop the production, trafficking in, and use of illicit drugs within its borders and within the region and is committed to achieving the goals of the 1988 UN Drug Convention. Colombia Colombia remains the world's largest cocaine source, with 80 percent of the world's cocaine hydrochloride produced, processed or transported through Colombia. Still, Colombia met the certification criteria in 2000 due to significant gains it made in combating illicit drugs and its full cooperation with U.S. counterdrug efforts throughout the year. The Government of Colombia continues to demonstrate its resolve in combating the illegal drug industry and had a number of concrete achievements in 2000. In December, the Government of Colombia initiated the counterdrug component of "Plan Colombia," the comprehensive strategy to address the many interrelated challenges facing the country. The United States Government supports this multi-year Colombian initiative and provided partial funding for it through a supplemental appropriation in 2000. Importantly, both "Plan Colombia" and the Pastrana administration's National Drug Control Strategy couple alternative development with aerial eradication of illicit crops, recognizing that neither can succeed without the other. In 2000, major cooperative efforts, such as Operation New Generation, resulted in the arrests of key traffickers. Meanwhile, important judicial cooperation resulted in the extradition of 12 fugitives to the United States, nine of whom are Colombian nationals. The Colombian National Police (CNP) continued its outstanding counterdrug efforts. The CNP received increased support from the Colombian Armed Services and began joint operations in southern Colombia with the Army's counterdrug battalions. The Government of Colombia once again made significant advances in combating maritime trafficking, independently and bilaterally. The port security program resulted in the seizure of 29 metric tons of cocaine and demonstrated the potential of cooperation between government and private industry. The Colombian Navy has described a shipboarding agreement (signed in 1997) as one of its most effective counterdrug tools and has credited this agreement with the capture of over 23 tons of cocaine in 2000. The Government of Colombia also enacted resolutions meant to disrupt the logistics support to drug traffickers at sea by improving monitoring of ships and boats and increasing the penalties associated with carrying fuel in excess of levels specified in issued permits. Page 22 of 705 © 2009 Factiva, Inc. All rights reserved. The Government of Colombia has improved the Colombian Air Force's (FAC) monitoring and interdiction abilities. In 2000, the FAC effectively prevented illegal aircraft from entering Colombia's north coast. The CNP's civil aviation registration program, begun in 1999, inspected 398 aircraft in 2000, finding 58 violations with 20 testing positive for drug residue. The aerial eradication program succeeded in treating approximately 47,370 hectares of coca, a slight decrease from last year's level, and roughly 9,000 hectares of opium poppy, the most ever in Colombia. The CNP also had another strong year in the realm of enforcement, with seizures of large amounts of cocaine hydrochloride and base, coca leaf, heroin, morphine and opium. [Page Number 14462] The Government of Colombia also took an important step in combating financial crime when it joined the Governments of Aruba, Panama and Venezuela, as well as the United States, in establishing a multilateral initiative to address the Black Market Peso Exchange (BMPE). The BMPE is a highly organized money-laundering system through which products such as liquor and domestic appliances are purchased abroad with drug-generated dollars, smuggled into Colombia, and then sold on the domestic market, thereby generating pesos which can be introduced into the legitimate economy. Overall, Colombia continued as a leader in counterdrug efforts in 2000 and demonstrated its staunch commitment to cooperate fully with the United States in combating this shared problem. Dominican Republic The Dominican Republic is a major transit country for South American drugs, mostly cocaine, moving to the United States. The country is used by drug smugglers as both a command-and-control center and transshipment point. Increasing amounts of designer drugs, especially ecstasy, are being moved from Europe through the Dominican Republic to Puerto Rico and the U.S. mainland. While extradition of fugitives to the United States has become more routine as our bilateral extradition relationship continues to improve, there still is no regular process. A more consistent and predictable extradition process remains a key U.S. objective in its bilateral relations with the Dominican Republic. The Dominican Republic is designated a major money laundering country, but is not a regional financial center. The Dominican Republic is a party to the 1988 UN Drug Convention and its counterdrug efforts are consistent with the goals of the Convention. In 2000, the Government of the Dominican Republic continued to cooperate fully with the United States Government on counterdrug goals and objectives. In April, the Government of the Dominican Republic Page 23 of 705 © 2009 Factiva, Inc. All rights reserved. submitted legislation to strengthen money-laundering regulations; the legislation is currently awaiting passage by the legislature. The new administration of Hipolito Mejia, installed in August 2000, has pledged full cooperation with the United States and other countries in counterdrug activities. A National Drug Plan for the years 2000- 2005, published in August, will guide its efforts. Through December, with U.S. cooperation and assistance, the Dominican Republic's National Drug Control Agency (DNCD) seized 1,270 kilograms of cocaine, 2,900 kilograms of cannabis and 20 kilograms of heroin, and also made 4,625 drug-related arrests. In November, the United States and the Dominican Republic concluded a new, four-year, overflight agreement that permits United States Government aircraft to fly through the airspace of the Dominican Republic in pursuit of smugglers' aircraft. Also in 2000, the DNCD and the military established three special land control units and three coastal units to protect the country's border with Haiti and its coastline from drugs transiting the country. Ecuador Ecuador continues to be a major transit area for drugs and precursor chemicals. Traffickers exploit Ecuador's porous borders with Colombia and Peru to consolidate smuggled cocaine and heroin into larger loads for bulk shipment to the United States and Europe hidden in containers of legitimate cargo. Ecuador continued to struggle with economic and political crises, including events in January 2000 which led to the ouster of the elected president and replacement by his constitutional successor. Also in 2000, Ecuador became the first South American country to adopt the U.S. dollar as its national currency. The Ecuadorian National Police (ENP) seized more than three tons of cocaine and coca base, 109 kilograms of heroin, and 18 tons of marijuana. [Page Number 14463] The ENP established a unified anti-drug division to strengthen the management of drug law enforcement, and created an internal affairs unit. Ecuador's depressed economy and continued lack of police/military coordination, however, hamper counterdrug efforts. Ecuador improved its enforcement of regulations on controlled precursor chemicals. The Ecuadorian Congress enacted a new criminal justice procedural code, which will fundamentally change its legal system from an inquisitorial to an accusatory-style one. Ecuador also began to enact legislative reforms related to money laundering, and to legalize the use of controlled deliveries and undercover operations as law enforcement tools. A joint Ecuadorian task force, including financial intelligence units, addressed coordination of drug trafficking and money laundering investigations. Page 24 of 705 © 2009 Factiva, Inc. All rights reserved. Ecuador participated in the OAS/CICAD initiative, the Mutual Evaluation Mechanism (MEM). Ecuador has cooperated with the United States in a very significant way by permitting the United States Government to establish and operate, at an Ecuadorian Air Force base in Manta, a forward operating location (FOL) for regional aerial counterdrug detection and monitoring missions. Guatemala The Government of Guatemala cooperated with the United States Government in combating drug trafficking in Guatemala. Guatemala is a party to the 1988 UN Drug Convention, and most Guatemalan law enforcement activities are consistent with its goals and objectives. Once a major producer of opium, Guatemala's sustained eradication efforts have reduced opium cultivation and maintained it at insignificant levels. Nevertheless, Guatemala remains a major drug-transit country for South American cocaine en route to the United States and Europe. In 2000, the Government of Guatemala made an effort to increase its law enforcement capabilities to counter the constant flow of drugs transiting the country. However, drug seizures declined significantly due to the tremendous turnover in personnel in law enforcement and other government agencies, corruption, and an acute lack of resources. Professionalization of the National Civilian Police's Department of Anti- Narcotics Operations (DOAN), the main Guatemalan counterdrug force, is a primary objective for the Government of Guatemala. It is attempting to develop an effective, integrated counterdrug and related law enforcement training program that will improve the quality of the DOAN and to enhance interdiction and eradication operations. The Government of Guatemala increased the Public Ministry's special anti- drug staff and continued with a U.S.-funded program of professionalization for prosecutors and the judiciary that included anticorruption training. The Guatemalan Supreme Court established special "high impact" courts to handle drug-trafficking and other cases deemed too sensitive for the regular court system. Despite these measures, success in prosecuting major traffickers has been limited. With U.S. assistance, the Public Ministry created the Anti- Corruption Prosecutor's office which has initiated nearly a thousand cases against government officials although none have gone to trial. The Government of Guatemala is considering draft money laundering legislation and has signed (but not ratified) the Central American Convention for the Prevention of Money Laundering and Related Crimes. Haiti The record does not support certification of Haiti as having fully cooperated with the United States or taken adequate steps on its own to achieve full compliance with the goals and objectives established by Page 25 of 705 © 2009 Factiva, Inc. All rights reserved. the 1988 UN Drug Convention, to which Haiti is a party. However, it is in the vital national interests of the United States to continue to provide U.S. foreign assistance to Haiti. Haiti remains a significant transshipment point for drugs, primarily cocaine, moving through the Caribbean from South America to the United [Page Number 14464] States. Although cocaine flow through Haiti decreased during 2000, only some of the decrease is attributable to the efforts of the Haitian Government. The Government of Haiti cooperated with the United States Government in a limited number of areas. These areas included: U.S. Coast Guard and multilateral maritime interdiction efforts; expulsion of two non-Haitian fugitives; ratification of both a bilateral maritime law enforcement agreement and the InterAmerican Convention Against Corruption; and enactment of a National Drug Control Strategy and antimoney laundering laws. However, the Government of Haiti failed to take other significant counterdrug actions. It did not: enact asset forfeiture and precursor chemical legislation; draft and introduce anti-corruption legislation; expand the anti- drug unit of the National Police to the agreed-upon size; or fully implement a Memorandum of Understanding among key law enforcement and related agencies to ensure interagency counterdrug cooperation. In addition, it showed no increase in seizures of illegal drugs, including cocaine, nor in the number of arrests of major traffickers. Neither did it successfully prosecute money-laundering cases, nor secure the forfeiture of trafficker assets. Finally, the Government of Haiti did not conclude a counterdrug Letter of Agreement with the United States Government. Vital national interests of the United States require that assistance to Haiti be maintained. Continued assistance for programs to alleviate hunger, increase access to education, combat environmental degradation, and incubate civil society in the hemisphere's poorest country is vital to strengthening democracy, promoting economic growth, and reducing pressure for illegal immigration. Terminating these programs could prompt Haitian authorities to end their cooperation in the repatriation of Haitian immigrants interdicted at sea. These programs also address the root causes of poverty and hopelessness in Haiti, which are important contributing factors behind Haitian involvement in the drug trade. Therefore, the risks posed to the vital national interests of the United States by a cutoff of bilateral assistance outweigh the risks posed by Haiti's failure to cooperate fully with the United States Government, or to take adequate steps on its own, to achieve full compliance with the goals and objectives established by the 1988 UN Drug Convention. Page 26 of 705 © 2009 Factiva, Inc. All rights reserved. India India is one of the world's top producers of licit opium and is the sole producer of licit opium gum. It is a key heroin transshipment country due to its location between Southeast Asia and Southwest Asia, the two main world sources of illicitly grown opium. India is a modest but apparently growing producer of heroin for the international market. The Government of India continues to tighten controls to curtail diversion of licit opium, but an unknown yet significant quantity of licit opium finds its way to illicit markets. There was a significant increase in diversion of licit opium from the 1999 crop, but the 2000 crop suffered much less diversion. Under the terms of internationally agreed covenants, and to meet U.S. certification requirements, India is required to maintain licit production of opium and carry over stocks at levels no higher than those consistent with world demand, i.e., to avoid excessive production and stockpiling which could "leak" into illicit markets. India has complied with this requirement. Though the 1999 and 2000 licit opium gum harvests had identical weather conditions, enhanced enforcement during the harvest and weighing period prompted farmers to turn in higher yields in 2000. The level of diversion from the licit opium crop, while always difficult to estimate, clearly declined from an alarming level in 1999, when up to 300 metric tons of opium gum may have been diverted to the black market. The success seen in 2000 appears due in large part to the more aggressive Government of India drug control efforts during the harvest and collection period of the crop. Licit opium diversion controls included re-surveys of plots after the planted [Page Number 14465] crop reached a particular stage of growth to ensure that the area under cultivation matched that licensed. Cultivation more than five percent above the licensed amount was destroyed, and the cultivator was liable to prosecution. India has continued to tighten controls on diversion and in 2000 agreed to a Joint Licit Opium Poppy Survey (JLOPS) agreement with the United States, a significant step in fighting diversion. The survey will provide a firmer scientific basis for minimum qualifying yields for farmers. Poppies are grown illicitly in India in the Himalayan foothills of Kashmir and Uttar Pradesh, and in northeast India near the Bangladesh and Burmese borders. The quantities of illicit production appear relatively small. "Brown sugar" heroin, originating in India, is available in Nepal, Bangladesh, Sri Lanka, and the Maldives. Since January 1999, Indian authorities have seized more than 337 kilograms of refined "white-powder" heroin, at least part of which was produced in India, destined for Sri Lanka. The Central Bureau of Narcotics (CBN) began organized poppy eradication campaigns in Arunachal Pradesh four Page 27 of 705 © 2009 Factiva, Inc. All rights reserved. years ago. In its first campaign in 1997, the CBN destroyed 35 hectares of opium poppy. This increased to 95 hectares in 1998, and 248 hectares in 1999. In 2000, 153 hectares were destroyed. In 2000 an estimated 1,089 kilograms of heroin were seized, up 27 percent from 1999 (861) and 66 percent over 1998 (655). Opium seizures totaled 2,218 kilograms, up from 1,635 in 1999 and 2,031 in 1998, occurring mostly in the poppy growing areas. Indian controls on precursor chemicals have reduced the availability of these chemicals to the illicit market. Nevertheless, illicit diversion of precursor chemicals from India continued to occur. Indian authorities have been very cooperative with the U.S. Drug Enforcement Administration in sharing information from no-objection certificates, in verifications of end-users, and in notifications of seizures of India-produced chemicals. Jamaica Jamaica is a major transit point for South American cocaine en route to the United States as well as the largest Caribbean producer and exporter of marijuana. During 2000, the Government of Jamaica made some progress toward meeting the goals and objectives of the 1988 UN Drug Convention. Increased trafficking through Jamaica indicates the need for its Government to intensify and focus its law enforcement efforts and to enhance its international cooperation. In 2000, the Government of Jamaica amended its 1996 Money Laundering Act to add fraud, corruption, and firearms trafficking as predicate offenses. Further action is needed, however, to bring Jamaica in line with international standards, including an improved asset forfeiture regime and an operational financial analysis unit. In 1999, the Government of Jamaica enacted legislation enabling asset-sharing agreements with other governments; an agreement with the United States is pending. In April 2000, the Government of Jamaica brought into force a Precursor Chemicals Act, budgeted for implementation of chemical controls, and is taking action, with U.S. assistance, to comply with recommendations provided by the Organization of American States Inter-American Drug Abuse Control Commission's Precursors Control Project. Although the Government of Jamaica made progress in implementing the recommendations contained in a 1997 port security assessment and increased security presence at its ports, drug traffickers continue to use Jamaica's air and seaports. The United States Customs Service reports that Jamaica is the embarkation point of the largest number of passengers arrested with drugs at U.S. airports. While evidence from drug detection technology, such as ion scan, can be exploited under certain conditions, the Government of Jamaica should consider providing specific legislation to admit this type of evidence in Jamaican courts. In December 2000, the Government of Jamaica introduced a wiretap bill in Parliament. Page 28 of 705 © 2009 Factiva, Inc. All rights reserved. [Page Number 14466] The Fugitive Apprehension Team, a special police unit dedicated to the apprehension and eventual extradition of criminals wanted by the United States, aided by officers of the United States Marshals Service, made over 20 arrests in 2000, more than double the number in 1999. The Government of Jamaica extradited 10 people to the United States in 2000 and is actively working on over 40 cases. Legislation creating drug courts came into force in 2000; the courts should begin sitting in 2001. Corruption continues to undermine law enforcement and judicial efforts against drug-related crime in Jamaica. The Government of Jamaica reintroduced in Parliament its anti-corruption bill, which passed in December, and amendments to strengthen the Parliament (Integrity of Members) Act. Implementation of these bills and ratification of the Inter-American Convention Against Corruption could help the Government of Jamaica root out corruption in the public sector. A significant increase in the flow of cocaine through Jamaica in the first half of 2000, coupled with reduced cocaine seizures and marijuana eradication by the Government of Jamaica, indicates that more intensive law enforcement action with enhanced international cooperation is necessary to disrupt drug trafficking and production activities in Jamaican territory and waters. Such actions include the arrest and prosecution of significant drug traffickers operating in Jamaica, dismantling of small independent groups that conduct the drug trade, and increased drug seizures and eradication. As it agreed to do in 1998, the Government of Jamaica should develop a vetted special investigative unit to identify and target significant drug traffickers. Jamaican forces participated in combined operations with the United States under a bilateral maritime agreement, but should take full advantage of the agreement in order to reduce the drug flow through Jamaica. U.S. law enforcement agencies note that cooperation with their Jamaican counterparts is generally good, but could be significantly improved. The Government of Jamaica has in place a national drug control strategy that covers both supply and demand reduction; specific goals and objectives, together with measures of effectiveness, should be incorporated in this strategy. Jamaica is a party to the 1988 UN Drug Convention. Laos Laos remains the world's third largest producer of illicit opium, behind Burma and Afghanistan. For the 2000 growing season, the United States Government estimates Laos's potential production at 210 metric tons, which is substantially greater than the 1999 estimate of 140 metric tons. Opium cultivation increased six percent. The higher production estimate can be attributed to improved weather conditions and an increase in estimated yields, although the increase in cultivation also contributed to a lesser degree. Page 29 of 705 © 2009 Factiva, Inc. All rights reserved. Laos continued to cooperate with the United States Government in crop substitution projects. Most crop substitution project areas funded by the United States Government continued to show low levels of opium cultivation. As a first step for the new Lao-American project in Phongsali Province, construction began on a 72-kilometer road that will link remote, opium- cultivating villages. The Government of Laos also continued cooperation in Houapanh Province. In March, the Government of Laos held its first national conference on drug control, at which counterdrug strategies and work plans were formulated. In October, Laos formally committed itself to eliminating opium by 2008 and all drugs by 2015, in accordance with the political statement and plan of action enacted by the Association of Southeast Asian Countries at a UNDCP Congress in Bangkok. The Government of Laos continued to work closely with the UNDCP to develop a master plan for opium elimination and to raise funds for that effort. Cooperative efforts on law enforcement also continued. New counterdrug law enforcement offices opened in Champasak and Houapanh provinces, [Page Number 14467] and the office in Udomxai moved to quarters refurbished with U.S. assistance. Seizures of heroin and methamphetamine increased sharply, and the Lao police cooperated with United States Government officials in counterfeit U.S. currency investigations. Police performance and law enforcement in general, however, continued to fall short of goals. Counterdrug police units need more training and better coordination. The Government of Laos is not yet a party to the 1988 UN Drug Convention; its stated goal is ratification of the convention in the near future, as agreed by all participants in the 1998 UN General Assembly Special Session on Drugs. Mexico Sharing a nearly 2000-mile border with the United States, much of the drug- related criminal activity in Mexico is linked to the U.S. illicit drug market. Mexico is a major source of opium poppy and cannabis. It is also a major drug transit country for cocaine, heroin, methamphetamine and cannabis, and Mexicanbased organized crime plays a significant role in drug distribution in the United States. Both the Governments of Mexico and the United States recognize that bilateral cooperation is essential to effective action against these transborder criminal groups as well as against other aspects of the shared drug problem. The drug issue is among the top issues on the bilateral agenda. Greater information sharing and the establishment of formal mechanisms to achieve our shared goals, particularly Page 30 of 705 © 2009 Factiva, Inc. All rights reserved. on drug interdiction and money laundering, characterized bilateral counterdrug cooperation in 2000. The Government of Mexico continued its broad-based program to combat drug trafficking and related crimes, as well as to address a worrisome increase in drug abuse. Drug-related violence, particularly along the border with the United States, remained a major concern. The Government of Mexico made progress in its efforts to dismantle the transborder drug cartels, particularly the Tijuana-based Arellano Felix Organization. Mexican military and law enforcement authorities arrested both the cartel's chief of operations and its financial manager. These and other high profile arrests represent significant accomplishments for Mexico's counterdrug agencies. Mexico's eradication program is one of the largest and most aggressive in the world. Eradication, coupled with severe drought, reduced cultivation by almost 50 percent from 1999 to approximately 1,900 hectares. This resulted in record low levels of opium poppy production, and heroin production fell from just over 4 metric tons in 1999 to only 2.5 metric tons in 2000, a record low. The Mexican financial system remains vulnerable to international money laundering, particularly given the large amounts of drug proceeds being laundered by Mexico-based criminal organizations. The Government of Mexico took important steps in 2000 to strengthen its anti-money laundering infrastructure. Recent legislative modifications and regulations lowered the threshold for declarations of large amounts of currency or monetary instruments and imposed requirements on non-bank financial institutions; this should improve the Government of Mexico's ability to detect money laundering and to prosecute money laundering cases. Since much of the money laundered in Mexico originates in the United States, there is extensive bilateral cooperation in this area. In 2000, the Governments of Mexico and the United States signed an agreement to facilitate tracking the movement of large sums of money between the two countries. In June 2000, Mexico became a member of the Financial Action Task Force, the leading international body dedicated to fighting money laundering. The Government of Mexico also enacted legislation to strengthen reporting requirements for large-value domestic currency transactions. Aggressive enforcement of these regulations will be needed to safeguard the integrity of Mexico's financial institutions. Regarding the return of fugitives, the Mexican Supreme Court ruled that the extradition of Mexican nationals is permissible under Mexican law. [Page Number 14468] This reversed several lower court rulings that prevented the extradition of Mexican nationals facing criminal charges in the United States. Although issued in 2001, the decision represents the culmination of Page 31 of 705 © 2009 Factiva, Inc. All rights reserved. a sustained effort by the Zedillo Administration to strengthen bilateral law enforcement cooperation. In addition, the Mexican Senate ratified the temporary surrender protocol to the bilateral extradition treaty, which, likewise, will enhance cooperation in bringing fugitives to justice. The Government of Mexico increased its efforts to reduce the demand for drugs domestically, giving special attention to the northern border, where the incidence of drug abuse and drug-related violence, is up to three times the national average. Cross-border cooperation on drug abuse and crime prevention has been increasing. For example, Baja California's Secretariat of Education and the San Diego School District have initiated a pilot project introducing a curriculum on the "culture of lawfulness" to help young people better understand and thus resist involvement in crime and corruption. The appointment of a "drug czar" for demand reduction brought new attention to federal efforts to reduce drug use. In its struggle against drugs, Mexico still faces daunting challenges. One of the most difficult is corruption within the law enforcement institutions fostered by drug trafficking organizations. The Zedillo Administration continued to promote reform efforts, but these were undermined by such factors as administrative shortcomings in its law enforcement agencies, i.e., low salaries and a lack of operational funds and equipment. President Fox campaigned on a platform of fighting crime and corruption, and has undertaken reorganization and reform of the justice sector, sending a strong signal of commitment. The Governments of Mexico and the United States continue to build upon the existing infrastructure of counterdrug policy coordination mechanisms, training and information sharing, equipment and technical assistance, as well as bilateral law enforcement cooperation, through the development of bilateral agreements, multilateral mechanisms, and working-level communications. Step by step, the United States and Mexico will expand this infrastructure and work to remove legal impediments and other roadblocks to effective cooperation against transnational criminal organizations. Nigeria The Government of Nigeria made significant efforts in 2000 to address its drug trafficking problem. Democratically elected President Obasanjo has publicly denounced drug trafficking. The Nigerian National Assembly passed tough anti-corruption legislation that created an anti-corruption commission with broad powers. The Obasanjo Administration supported the 1990 National Drug and Law Enforcement Agency (NDLEA) Act Number 33, which dictates that Nigerians convicted of drug offenses abroad will be arrested upon their deportation back to Nigeria, and, if convicted, be liable for a minimum of five years additional imprisonment. In 2000, the Government of Nigeria demonstrated its commitment to counterdrug cooperation by transferring to U.S. custody four fugitives, including two individuals indicted for serious drug and drug- Page 32 of 705 © 2009 Factiva, Inc. All rights reserved. related offenses and designated under the Foreign Narcotics Kingpin Designation Act. Alhaji Bello Lafiaji, the new chief of the NDLEA (which has primary responsibility for combating drug smuggling and drug abuse), also declared an all-out offensive against drug trafficking, called for the harmonization of Nigeria's drug legislation, and sought increased international assistance for the drug agency. Nigerian counterdrug efforts during 2000 primarily focused on the interdiction of couriers transiting Nigeria's airports as well as a public campaign focused on destroying plots of cultivated marijuana throughout the country. The NDLEA's most successful interdictions have taken place at Nigeria's international airports, forcing smugglers to change tactics and ship contraband via Nigeria's five major seaports or across its porous land borders. The NDLEA reported a total of 107 kilograms of cocaine and heroin seized [Page Number 14469] during 2000, as well as the arrest of 1,881 drug traffickers during the first ten months of the year. Several Nigerian customs officials involved in an attempt to smuggle heroin to the United States were apprehended and now face trial for their crime. In addition, a Nigerian military general was court martialed, stripped of his rank, and dismissed from the Army; he remains in the custody of military officials after being implicated in a heroin smuggling case, while he was stationed in Pakistan. The NDLEA conducted an active eradication campaign in 2000 and reported a total of 961,345 kilograms of cannabis destroyed. Recently, the NDLEA has highlighted this eradication campaign by inviting dignitaries to the various destruction ceremonies around the country and releasing press reports highlighting their eradication activities. Cooperation between Nigerian and U.S. law enforcement agencies was good during 2000. However, law enforcement efforts are often stymied by the slow pace of the Nigerian judicial system, which can be attributed to both intimidation and corruption of the judiciary by criminal organizations. In addition, within the judicial system, the Government of Nigeria needs to establish a reliable extradition process that will allow extradition requests to be heard expeditiously and fairly. Nigeria is a hub of money laundering and criminal financial activity, not only for the West African subregion, but also increasingly for the entire continent. Nigerian money laundering is directly linked to drug trafficking, as well as such related activities as document, immigration and financial fraud. In response to international concerns, the Government of Nigeria has taken positive steps to combat criminal activity and has become closely involved with U.S. law enforcement agencies in attempting to address financial crimes and money laundering in Nigeria. Page 33 of 705 © 2009 Factiva, Inc. All rights reserved. Pakistan Pakistan is an important transit country for Afghan opiates and cannabis. In 2000, Pakistan sharply reduced poppy cultivation, dropping from 1,670 to 515 hectares, a 67 percent decrease from 1999. Government of Pakistan counterdrug cooperation with the United States Government was excellent. Interdictions of heroin increased 85 percent and several major traffickers were arrested. The Government of Pakistan has prevented the reemergence of large heroin/morphine processing laboratories. However, there was little progress in 2000 on pending extradition cases of drug fugitives. Pakistan almost achieved its ambitious goal of eliminating opium production by the year 2000. While Pakistani opium production has plummeted, the tripling of poppy cultivation in Afghanistan since 1993 and growth in sophistication of the Afghan drug trade are putting enormous pressure on the Government of Pakistan's border control efforts and Pakistani society. This means more drugs transiting Pakistan, a growing addiction problem, and more cash available for bribery and official corruption. Pakistan's illicit drug seizures were up significantly compared to the same period in 1999. During the first 10 months of 2000, 7.4 metric tons of heroin, 7.8 metric tons of opium, and 108.1 metric tons of hashish were seized (compared to 4.0, 12.9 and 70.0 metric tons, respectively, in 1999). Seizures of acetic anhydride, an important precursor chemical for producing illicit drugs, consisted of small consignments originating in India. The Anti-Narcotics Force's (ANF) seizures of heroin and cannabis set records in 2000. The prosecutions of most drug and other criminal cases in Pakistan are protracted. Corruption and low salaries threaten the integrity of law enforcement and judicial institutions throughout Pakistan. Judges grant continuances; defendants file delaying interlocutory appeals; witnesses are reluctant to testify; and bribery can influence case outcomes. The trial of Sakhi Dost Jan Notezai, a prominent drug trafficker and suspected member of the Quetta Alliance trafficking syndicate, finally concluded this year after seven years of proceedings. He received a sentence of life in prison and forfeited his [Page Number 14470] assets. The case of another alleged drug trafficker, Munawar Hussain Manj, a former member of Pakistan's National Assembly, is still pending in the superior court, after five years of proceedings. The case of Rahmat Shah Afridi, owner of an English-language daily and an influential politician from the Northwest Frontier Province, arrested in early 1999, also is pending. One positive step was the establishment of five special drug courts in 2000, although they are not yet fully operational and lack realistic operating budgets. Page 34 of 705 © 2009 Factiva, Inc. All rights reserved. The ANF continues to cooperate effectively with the U.S. Drug Enforcement Administration to raise investigative standards. The creation of the Special Investigative Cell (SIC), trained and equipped by the United States, has been a milestone in improving the Government of Pakistan's counterdrug efforts. The SIC targets major drug trafficking organizations and first year results have been encouraging. With this success, plans are underway to expand SIC operations. Panama The Government of Panama continued to demonstrate its willingness to combat transnational drug trafficking. Panama is a major transshipment point for illicit drugs smuggled from Colombia. Cocaine is stockpiled in Panama prior to being repackaged for passage to the United States and Europe. Panama's location, largely unpatrolled coastlines, advanced infrastructure, weak judicial system, and well-developed financial services sector make it a crossroads for transnational crime, such as drug trafficking, money laundering, illicit arms sales, and alien smuggling. The Government of Panama's interdiction of illicit drugs in 2000 increased significantly over 1999, with record seizures of heroin and first ever seizures of MDMA (Ecstasy). It enacted two laws and issued two executive decrees that greatly strengthen Panama's money laundering laws and the ability to share information with international counterparts. Panama took steps toward implementing its comprehensive chemical control program by establishing a control board that will coordinate government entities and the private sector. In addition, as a step towards combating financial crime, the Government of Panama joined the multinational initiative to address the Black Market Peso Exchange. The highest U.S. bilateral counterdrug priorities in the coming year will be signing a full six-part counterdrug maritime agreement and assisting the Government of Panama in curbing corruption, implementing anti-money laundering legislation, increasing security and oversight of the Colon Free Zone, and improving prosecutions of money launderers and drug traffickers. Other U.S. priorities in Panama include supporting the Government of Panama's efforts to: build a highly professional interagency counterdrug task force; develop the capability to control sea lanes, rivers, island and coastal regions, and the Canal area; and limit cross-border criminal influence. With the commitment of the Moscoso administration, the United States Government is hopeful that there will be measurable progress in these areas in 2001. Paraguay Paraguay remains a transit country for approximately 10 metric tons of mostly Bolivian cocaine annually, as well as a source country for high-quality marijuana that is not trafficked to the United States. Paraguay is a large money-laundering center in Latin America, but it remains unclear how much may be drug- Page 35 of 705 © 2009 Factiva, Inc. All rights reserved. related. Paraguay is a party to the 1988 UN Drug Convention. The Government of Paraguay improved its anti-drug cooperation with the United States Government in 2000. It named a new head of the anti-drug secretariat (SENAD) who reenergized anti-drug efforts by forming a new unit to investigate major traffickers and their organizations. This initiative led to the arrest of 4 major traffickers and the destruction of an aircraft ferrying cocaine to Brazil. Cocaine seizures remained stable at 1999 levels. Paraguay enhanced its cooperation with its neighbors by signing agreements [Page Number 14471] on judicial cooperation and information sharing, and by expelling a major trafficker to Brazil. While judicial cooperation remains weak, the Paraguayan Attorney General named special prosecutors with national jurisdiction to strengthen SENAD's counterdrug operations. Although anti-drug cooperation with the United States Government improved in 2000, the Government of Paraguay still has much to accomplish. The Paraguayan Senate is considering a complete modernization of existing drug law, but it failed to pass long sought authorities for police to use informants and to conduct undercover operations and controlled deliveries. These authorities will be key to investigating and prosecuting major drug traffickers, and sustaining the successes of 2000 against trafficking organizations in Paraguay. The Government of Paraguay provided the Anti-Money Laundering Secretariat with its first independent budget, but has not shown much improvement on combating money laundering. Only one moneylaundering case was recommended for prosecution, and no arrests were made in 2000. A cumbersome judicial process is largely responsible for consistently minimal success in the Government of Paraguay's enforcement of its drug-related asset seizure and forfeiture laws. The Government of Paraguay also made little progress against official corruption and has not made progress in developing an effective antidrug and organized crime investigative and operational capability for the border areas. While action against money laundering and official corruption, passage of legislation for modern police authorities, and controlling its borders remain important areas needing improved cooperation by the Government of Paraguay, the United States Government is impressed with the steps taken against some of the major trafficking organizations operating in Paraguay. Peru Despite the political turbulence in Peru during 2000, the Government of Peru made progress on all major Page 36 of 705 © 2009 Factiva, Inc. All rights reserved. components of its counterdrug program. Over 6,200 hectares of coca were eradicated manually, which contributed to a 12 percent cultivation reduction in 2000, and an overall 70 percent reduction in coca cultivation over the past six years. The Peruvian transition government has restated its commitment to the reduction of coca cultivation. There was a significant increase in the number of opium poppy fields discovered and destroyed by the Government of Peru during 2000; however, information on the extent of opium poppy cultivation throughout Peru remained scarce. In January 2000, the Peruvian National Police arrested Adolfo Cachique Rivera, co-head of a major Peruvian cocaine base trafficking organization. His arrest effectively ended the illegal cocaine operations of this organization, which had exported multi-kilogram quantities of cocaine base to Brazil and Colombia for over nine years. Luis and Jose Aybar-Cancho, the heads of a major arms and drugs trafficking organization, were also arrested. While the total amount of drugs seized in 2000 declined, the Peruvian National Police destroyed several cocaine hydrochloride laboratories. The police chemical control unit conducted over 1,000 regulatory and criminal investigations of suspected chemical companies in 2000, making 41 arrests, seizing over 158 metric tons of controlled precursor chemicals, and closing six chemical companies. The Government of Peru cooperated with the U.S. Drug Enforcement Administration and Chilean authorities in the nine-ton seizure of cocaine from a maritime shipment in the Chilean seaport of Arica. There were also two successful interceptions of trafficker aircraft by the Peruvian Air Force (FAP) during 2000. One of these interceptions highlighted significant interagency Peruvian cooperation between the air force and police, which forced the traffickers to burn their aircraft and sacrifice its drug payload. The counterdrug alternative development program achieved significant results, increasing the gross value of licit agricultural production to $64.6 [Page Number 14472] million in targeted areas. This exceeds the gross value of coca leaf production in the same areas by ten percent, and marks a notable decline in the illicit economy based on coca. Alternative development has also assisted in raising the percentage of coca area households with access to basic services from 16 percent to 49 percent. New elections and a policy to fight corruption bode well for counterdrug work. Peru's significant reduction in the amount of coca cultivated proves that its strategy is working. However, with higher prices being paid for coca, farmers will be tempted to abandon licit crops. It is essential that manual eradication of illegal coca crops, counterdrug-related alternative development, the airbridge denial program, and land and maritime/riverine interdiction all continue as closely coordinated complementary programs. The Page 37 of 705 © 2009 Factiva, Inc. All rights reserved. Government of Peru should also refine relevant laws, especially as they pertain to money laundering, asset seizure, and chemical controls. Thailand Thailand has one of the world's most effective illicit drug crop control programs. United States analysts estimate that Thailand's opium production in the 2000 growing season remained at a maximum of 6 metric tons. Cultivation remained under 1,000 hectares for the second year in a row, although there was a slight increase to 890 hectares. Continuing trends established in previous years, opium farmers are cultivating smaller, more isolated fields and engaging in multiple cropping to avoid eradication. Thailand remains a major drug transit country; a significant amount of heroin transits Thailand on its way to the United States. Throughout 2000, Thailand continued its long tradition of cooperation with the United States and the international community in anti-drug programs. With U.S. Drug Enforcement Administration support, the Royal Thai Police (RTP) established the fourth in a series of specially trained drug law enforcement units to target major trafficking groups. Despite treatment, epidemiology of substance abuse, and demand reduction programs, the epidemic of methamphetamine abuse grew, especially among the young. The methamphetamine problem underscored the need for cost effective community-based models of addiction treatment and additional abuse-prevention training for both public and private sector health professionals. Thailand enhanced its leadership role in transnational crime issues by co- managing the International Law Enforcement Academy (ILEA) in Bangkok with the United States. The bilateral extradition relationship continues to be highly successful, and Thailand continues to extradite its nationals to the United States under the treaty. Indeed, Thailand is one of the top countries in the world in cooperating with the United States on extradition requests. Extensive cooperative law enforcement programs continued to bear fruit. According to Royal Thai Government figures, 290 kilograms of heroin were seized and 9 methamphetamine labs were destroyed during the first 10 months of 2000. Despite Thailand's good record on counterdrug enforcement, many elements of government and society remain rampantly corrupt. 2000 was also a productive year for legislation and regulation. Implementing regulations for the 1999 Money Laundering Control Act came into effect in October, 2000. The Act requires reporting for most financial transactions of more than 2 million baht (approximately $50,000). A senior police official has been named to head the 64-person money laundering control office. The Thai Cabinet approved accession to the 1988 UN Drug Convention and final arrangements are being undertaken by the Ministry of Foreign Affairs. Venezuela Page 38 of 705 © 2009 Factiva, Inc. All rights reserved. Venezuela is a significant transit route for illegal drugs destined for the United States and Europe; by some United States Government estimates, over 100 metric tons of cocaine transit Venezuela annually. The vast majority of this traffic consists of cocaine and heroin from neighboring Colombia. Cooperation with U.S. law enforcement agencies was very good, with one complex joint operation leading to the seizure of 8.8 metric tons of [Page Number 14473] cocaine, numerous arrests in Venezuela, and the expulsion of two significant third-country drug traffickers to the United States for trial. The Government of Venezuela expanded its already extensive cooperation with the United States through counterdrug programs focusing on interdiction, money laundering, chemical control and reinforcement of the judicial system. The Organization of American States Inter-American Drug Abuse Commission (CICAD) elected Venezuela to its Vice-Presidency. The Government of Venezuela continued to attempt to conduct aerial interdiction operations against drug smuggling aircraft unilaterally in 2000; while these actions were largely ineffective, during the same period air transits through Venezuelan airspace by drug smugglers decreased significantly. The Government of Venezuela continued to combat drug trafficking and consumption in 2000, despite considerable change in the political system (including a new constitution adopted in December 1999 that mandated the election of a new unicameral National Assembly). New policy initiatives were introduced, and the Government of Venezuela enhanced law enforcement efforts to combat drug trafficking and related crime. Seizure figures for the calendar year were up from the preceding year for both cocaine (15 metric tons from 12) and heroin (134 kilograms from 40). During 2000, Venezuelan prosecutors took steps to fulfill their new responsibilities under the new penal code introduced in 1999. The National Anti-drug Commission introduced new initiatives in 2000 to expand demand reduction programs, to increase Venezuelan participation in multilateral anti- drug initiatives, and to improve eradication efforts aimed at small areas of coca and opium poppy cultivation that spill over into Venezuelan territory from Colombia. Venezuela prepared draft legislation to improve chemical precursor control, and participated in a multilateral effort to improve regional cooperation countering precursor chemical diversion. The Government of Venezuela continued to place a high priority on reducing corruption. Reorganization of law enforcement agencies and the customs service led to large-scale dismissals of those suspected of involvement in corruption. However, new legislation to give police necessary tools to aid investigations was not adopted, partly because the new National Assembly did not begin work until October 2000. Page 39 of 705 © 2009 Factiva, Inc. All rights reserved. The Government of Venezuela enhanced its efforts to collect information to deter money laundering, introducing new regulations to further strengthen already stringent currency transaction reporting based on U.S. reporting requirements, and taking steps to implement Caribbean Financial Action Task Force recommendations. The Government of Venezuela should adopt appropriate legislation to criminalize the laundering of proceeds from all serious crimes. Vietnam Vietnam intensified its efforts to combat the production, trafficking, and use of illicit drugs. Due to improved weather, Vietnam saw a 10 percent increase in poppy cultivation to 2,300 hectares in 2000 from 2,125 hectares in 1999. Potential opium production in 2000 increased 36 percent to 15 metric tons from 11 metric tons in 1999. The Government of Vietnam continued its efforts to reduce poppy cultivation through education, eradication, and crop-substitution programs. Drug seizures increased in most categories, although amounts seized were still small. Law enforcement officers seized 60 kilograms of heroin, 567 kilograms of opium, 2,200 kilograms of marijuana, 119,465 vials of addictive drugs, 66,192 doses of heroin, and 6,783 tablets of amphetamine-type stimulants (ATS), including methamphetamine. The quantities of opium, vials of addictive drugs, and tablets of ATS interdicted increased by 26.5 percent. Vietnam cooperated with the U.S. Drug Enforcement Administration, which opened an office in Hanoi in February 2000, and signed a counterdrug agreement with Japan in February 2000 providing for information sharing and training. The Government of Vietnam received increased counterdrug funding from the United States, up from $11.6 million in 1999 to $14.3 million in 2000. [Page Number 14474] The Government of Vietnam drafted a new two-stage Master Plan for 2001-2010. The Plan entailed 14 projects to combat drug production and trafficking and to strengthen education and drug-treatment programs, as well as an intensified one-year, six-point counterdrug program. The Government of Vietnam restructured and rationalized its drug control institutions. The National Assembly passed a counterdrug law, drafted with U.S. assistance, and legislation criminalizing money laundering. The United States and Vietnam have not yet concluded a counterdrug agreement. Vietnam has not fully eradicated poppy crops, and farmers reverted to poppy cultivation in some high-poverty rural areas, increasing the total to 2,300 hectares devoted to poppy crops. Revisions to the Penal Code that criminalize money laundering took effect on July 1, 2000. Vietnam's new banking law also requires financial institutions to report suspicious transactions, although they are only reported to a central Page 40 of 705 © 2009 Factiva, Inc. All rights reserved. authority upon request. Despite some notable shortcomings, Vietnam has made a vigorous effort to combat drug production and trafficking. There is no question that the Government of Vietnam at the highest levels fully realizes the threat drugs present to Vietnamese society and is doing everything possible to counter the availability and use of illicit drugs. [FR Doc. 01-6296 Filed 3-9-01; 9:06 am] BILLING CODE 4710-10-P Presidential Determination No. 20001-12 of March 1, 2001 Document freg000020010711dx3c003gl Page 41 of 705 © 2009 Factiva, Inc. All rights reserved. My Say - Losers and winners in ICT. By Eric Loo. 1,347 words 5 March 2001 The Edge THEDGE English (c) 2001 The Edge Communications Sdn Bhd To remain relevant in a borderless globalised economy, it is generally theorised that countries must adhere to the rudiments of laissez faire, have a well-educated multitasking population, a sophisticated financial structure, an entrepreneurial workforce and an efficient communication infrastructure. But in reality, different regions and countries - being differently structured and endowed by nature - can only be better or worse prepared to respond to information and communications technologies (ICTs). To use the Internet, first, you need a phone line. Second, a computer and a modem; and third, electricity. Where one in three people in the developing world have no access to electricity; 80 per cent of the world population of more than five billion don't even have a phone; more than a quarter still don't have life's most basic necessities - water, education, nourishment and shelter - the rubbery figures being peddled on how fast the Internet has grown can be quite meaningless. In February 1997, Bill Gates predicted at the World Economic Forum in Davos that the Internet would have as many as 500 million users in the next 10 years. In January 2000, there were about 72.4 million hosts on the Internet, out of which only 3.0 per cent was from the Third World. China, India, Brazil and Nigeria, with more than 40 per cent of the world population, make up less than 1.0 per cent of the Internet hosts. About 85.3 per cent remain in G-7 countries, which make up only about 10 per cent of the world population. The International Labour Organisation (ILO)'s World Employment Report 2001: Life at Work in the Information Economy finds that despite the phenomenal growth of the Internet in the industrialised world and its increasing penetration into developing countries, many poor nations remain technologically disconnected from the benefits of these electronic marvels. Given its different speed of diffusion in wealthy and poor countries, ICT has created a global "digital divide". Unless this is addressed, the report notes, the employment aspirations and productivity potential of millions of workers in scores of developing countries cannot be realised. Access to the technologies Page 42 of 705 © 2009 Factiva, Inc. All rights reserved. and ensuring that workers possess the education and skills to use them are the fundamental policies that developing countries need to consider. This point was foreshadowed in February 1994 when non-governmental organisation (NGO) delegates attending the International Symposium on New Technologies and the Democratisation of Audiovisual Communication in New Delhi declared that a "global democratisation of information exchange" should be more attuned to socio-cultural development imperatives than a "global information supermarket" dictated by laissez faire forces. The New Delhi Declaration states that "all men have the right to be informed and to inform other people... Information is no commercial product but a media that we shall all share together". It underscored the deep-seated antagonism towards Western media monopoly in the information trade. Notwithstanding the economic and communication benefits of ICT, the antagonism arises from the fact that ICT applications in the developing world are being dictated by relentless commercial forces rather than socio-cultural development imperatives. It's tempting to regard the Internet's commercialist ideology, which is dominated by a few multinational media groups and operated by a privileged class, as another evidence of "neo-colonialism". Ironically, it was only 10 years or so ago when the developing world embraced the Internet as a vaunted panacea for underdevelopment, based on the theory that open access to information worldwide would catalyse social change, political freedom and human development. Well, it's still a theory. In reality, evidence from the globalised marketplace of borderless capital and information flow, where the meaning of national sovereignty is being redefined, points to a repetition of the new world information order debates in the 1970s when the developing world castigated the Western news agencies for controlling 85 per cent of the communication industry. A more recent example is the Murdoch empire's takeover of Star TV, which effectively lets it decide on the programmes broadcast to over 3.5 billion people in Asia. This exemplifies the continual dominance of the West in international communication. One is also tempted to theorise that the developing world has little choice but to respond to ICT by building an "information society" as symbols of modernity and to partake in the fruits of "globalisation". In Malaysia, costly IT infrastructure such as the Multimedia Supercorridor has been launched over the last few years but its positive impact on social and human capital is yet to be seen. Page 43 of 705 © 2009 Factiva, Inc. All rights reserved. Indeed, it is said that in countries where citizens have limited access to educational and health care facilities, the launch of ICT applications is akin to installing pipes where there is no water. The ILO report notes that even if access to ICT becomes easier and widespread, little may be gained from the digital revolution without adequate levels of education. The inability to assimilate and benefit from ICT may be the most significant challenge inherent in the spread of the digital economy in coming years, the report notes. "Investment in basic and higher education is the most critical policy tool available to governments to reap the benefits of ICT," the ILO report says. "No developing country has successfully secured a niche in global markets for intangible products without having a well-educated workforce. Education and economic growth, moreover, are complementary, and investment in the former is likely to result in the latter. This causal link might be truer still of the emerging knowledge-based economy, in which the most critical source of wealth creation is knowledge, not physical input or natural resources." According to MSC planners, we will leapfrog into the digital age by 2020. Overseas organisations considering locating their IT operations in the MSC, however, have looked at similar expansive cyber projects in Singapore and Hong Kong, which are also marketing themselves as Asia's "cyber-hub". Apart from tax enticements, Singapore and Hong Kong have liberalised their telecommunications and immigration laws to attract skilled IT expertise. So has Malaysia, mainly from the West. Heavy investments are also being made to foster the populations' critical information literacy - for instance, our National Internet Literacy Campaign - by upgrading computer technology curricula in schools and universities. In Singapore, primary school pupils take elementary computer training. Together with foreign companies, the government is wiring the island-state through a nationwide network, Singapore ONE. To ensure control over the information that is accessed by the well-connected population, proxy servers function as border guards for Singaporean users and cyberspace. Herein lies the paradox: Government policies on technological openness don't often converge with its attitudes towards open public discourse. However, in Indochina, the telecommunications infrastructure and hence, subsequent Internet penetration, seems light years away from the digital age. With an ultimate connection to the Internet grid, the developing world as we know it still has to turn to the West for equipment as well as expertise, thus completing the cycle of dependency and control - history reproducing its list of losers and winners in the digitalised global economy. Those ill-prepared to respond to change are consequently diminished, disempowered. Page 44 of 705 © 2009 Factiva, Inc. All rights reserved. Indeed, ICT cannot possibly be viewed on the economic globalised marketing level alone as its impact permeates the cultural, psychological and sociological dimensions - the non-material dimensions of our being, which the policy makers have perhaps overlooked. A critical influence on a nation's responsiveness to change perhaps is its social attitudes, religious beliefs, and culture. Hence the question: Do some generational and cultural values hinder change? Are some societies more disinclined towards technology than others, and ideologically opposed to Western capitalist mores and power structures? In a post-modern communication era, ICT may not be just a technological phenomenon. Ultimately, its pervasive impact is social and cultural and, given that radical cultural change comes slowly, the likely losers for now will again be the poorer nations. Eric Loo (eric - [email protected]) is head of the Graduate School of Journalism, University of Wollongong, New South Wales. Document thedge0020010715dx35000o8 Page 45 of 705 © 2009 Factiva, Inc. All rights reserved. INDIAN PHARMACEUTICAL GIANT TO ENHANCE GLOBAL PRESENCE. By Mohd Fisol Jaafar. 542 words 8 February 2001 Bernama Daily Malaysian News BRNAMA English (c) 2001 Bernama - Malaysian National News Agency KUALA LUMPUR, Feb 8 (Bernama) - Indian pharmaceutical giant, Ranbaxy Laboratories L td has set a target to become a global leader in pharmaceutical research and development. It is now the largest Indian pharmaceutical company and among the top 100 global pharma companies and was ranked as the 11th largest generic company worldwide in 1999. "We are now in the process of setting up our seventh overseas facility in Vietnam which would enhance our presence in the Asia and the global markets, said Rajesh Bhaskar, its group leader in pharma research, in an interview in New Delhi last week. Ranbaxy's global operations span over 40 countries with a physical presence in 22 economies including Malaysia, and a multi-cultural workforce of over 7,000 people. Besides Malaysia, it has manufacturing facilities in Ireland, the Netherlands, United States, China, Nigeria and South Africa. Ranbaxy Malaysia Sdn Bhd is a 42:58 percent joint venture between Ranbaxy Laboratories and Malaysian shareholders. The joint venture was effective in 1985 and primarily was a trading c ompany importing finished goods from Ranbaxy Laboratories. In 1987, a manufacturing plant was built in Sungai Petani, Kedah to cater for the Malaysian, Singapore, Brunei and Papua New Guinea markets, producing liquid formulations, tablets, capsules and granules. The Malaysian operation's annual sales exceed RM25 million. Page 46 of 705 © 2009 Factiva, Inc. All rights reserved. Bhaskar said Ranbaxy Malaysia's vision was to be the largest pharmaceutical company in Malaysia and with a strong presence in Singapore and Brunei. He said the unit' s aim was to provide the best quality product at competitive prices in the market and would introduce a minimum of six products per year to its customers. Bashkar said that Ranbaxy's internationalisation programme had been the cornerstone of its endeavour to seek a platform for robust and sustainable growth. The company's annual sales averaged US$400 million (RM1.5 billion). Almost 50 percent of its revenue is generated from overseas markets and the company's exports accounted for 12 percent of India's pharmaceutical exports. Bhaskar said Ranbaxy was a well recognised international generic company. "There are very few generic companies with an international presence but fewer still have embarked on a complex, multi-country operations from a developing country, with a vision that engulfs emerging and advanced markets," he added. Ranbaxy, he said, remained focussed on ascending the value chain in the marketing of pharmaceutical substances and was determined to bring in incr eased revenues from dosage forms. The company's success in international markets and its ability to create intellectual wealth with sustainable differentiation was a measure of its research capabilities. It has a state-of-the-art research and development centre, known as R&D-1, in Gurgaon near New Delhi, focussing on Novel Drug Delivery Systems (NDDS) and New Drug Discovery Research (NDDR). The R&D-1 houses pharmaceutical research, chemical research, NDDS and fermentation research which is strongly supported by in-house analytical research, clinical research, international regulatory affairs (IRA), intellectual property cell and corporate quality assurance. Bhaskar said Ranbaxy, which produced Caverta, India's own wonder drug for erectile dysfunction, invests four percent of its annual turnover on R&D. - BERNAMA MFJ KTC. Document brnama0020010710dx2800cce Page 47 of 705 © 2009 Factiva, Inc. All rights reserved. INDIAN PHARMACEUTICAL GIANT TO ENHANCE GLOBAL PRESENCE. 532 words 8 February 2001 04:37 AM Asia Pulse APULSE English (c) 2001 Asia Pulse Pte Limited.< Asia Pulse gives no warranty or guarantee as to the accuracy of the information, Asia Pulse shall not be liable for errors or omissions in, or delays or interruptions to or cessation of delivery of, the data through its KUALA LUMPUR, Feb 8, Asia Pulse - Indian pharmaceutical giant Ranbaxy Laboratories Ltd is aiming to become a global leader in pharmaceuticalceutical research and development. It is now the largest Indian pharmaceuticalceutical company and among the top 100 global pharmaceutical companies and was ranked as the 11th largest generic company worldwide in 1999. "We are now in the process of setting up our seventh overseas facility in Vietnam which would enhance our presence in the Asia and the global markets, said Rajesh Bhaskar, its group leader in pharmaceutical research, in an interview in New Delhi last week. Ranbaxy's global operations span over 40 countries with a physical presence in 22 economies including Malaysia, and a multi-cultural workforce of over 7,000 people. Besides Malaysia, it has manufacturing facilities in Ireland, the Netherlands, United States, China, Nigeria and South Africa. Ranbaxy Malaysia Sdn Bhd is a 42:58 percent joint venture between Ranbaxy Laboratories and Malaysian shareholders. The joint venture was effective in 1985 and primarily was a trading company importing finished goods from Ranbaxy Laboratories. In 1987, a manufacturing plant was built in Sungai Petani, Kedah to cater for the Malaysian, Singapore, Page 48 of 705 © 2009 Factiva, Inc. All rights reserved. Brunei and Papua New Guinea markets, producing liquid formulations, tablets, capsules and granules. The Malaysian operation's annual sales exceed RM25 million. Bhaskar said Ranbaxy Malaysia's vision was to be the largest pharmaceuticalceutical company in Malaysia and with a strong presence in Singapore and Brunei. He said the unit's aim was to provide the best quality product at competitive prices in the market and would introduce a minimum of six products per year to its customers. Bashkar said that Ranbaxy's internationalisation program had been the cornerstone of its endeavour to seek a platform for robust and sustainable growth. The company's annual sales averaged US$400 million (RM1.5 billion). Almost 50 percent of its revenue is generated from overseas markets and the company's exports accounted for 12 percent of India's pharmaceuticalceutical exports. Bhaskar said Ranbaxy was a well recognised international generic company. "There are very few generic companies with an international presence but fewer still have embarked on a complex, multi-country operations from a developing country, with a vision that engulfs emerging and advanced markets," he added. Ranbaxy, he said, remained focussed on ascending the value chain in the marketing of pharmaceuticalceutical substances and was determined to bring in increased revenues from dosage forms. The company's success in international markets and its ability to create intellectual wealth with sustainable differentiation was a measure of its research capabilities. It has a state-of-the-art research and development centre, known as R&D-1, in Gurgaon near New Delhi, focussing on Novel Drug Delivery Systems (NDDS) and New Drug Discovery Research (NDDR). The R&D-1 houses pharmaceuticalceutical research, chemical research, NDDS and fermentation research which is strongly supported by in-house analytical research, clinical research, international regulatory affairs (IRA), intellectual property cell and corporate quality assurance. Bhaskar said Ranbaxy, which produced Caverta, India's own wonder drug for erectile dysfunction, Page 49 of 705 © 2009 Factiva, Inc. All rights reserved. invests four percent of its annual turnover on R&D. BERNAMA. Document apulse0020010710dx280085e Page 50 of 705 © 2009 Factiva, Inc. All rights reserved. Seeking asylum but finding a cell. By LES ALLAMBY, The Northern Ireland Law Centre. 845 words 23 January 2001 Belfast News Letter BELNEL 14 English (c) 2001 Century Newspapers, Ltd. THE detention of asylum seekers in prison remains a blot in the legal landscape. A recent Law Centre report, Sanctuary in a Cell - the detention of asylum seekers in Northern Ireland, sets out the legal and policy arguments for ending current practice. Unlike in Britain where asylum seekers are generally held in purpose built detention facilities, those detained in Northern Ireland are held in prison. Having committed no criminal offence, asylum seekers are separated from the general prison population and held either in isolation or with other separated prisoners, for example, sex offenders. Wide powers to detain asylum seekers are granted to Immigration officers under the 1971 Immigration Act, 1993 Asylum and Immigration Appeals Act and the 1999 Immigration and Asylum Act. These powers set out no criteria for detention and provide no time limit on the period of such detention. Internal guidance operated by the Immigration Service only became publicly available following an unreported High Court decision, R V Secretary of State for Home Department ex p Brezinski and Glowacka 1996. Such guidance can clearly be changed and in any event often appears to be ignored. The main avenue to challenge detention is through an application for bail, normally to an immigration adjudicator. Unlike in Britain, legal aid is not available for immigration appeals and bail hearing though the Home Office has recently funded a post at the Law Centre to provide such representation. In contrast, human rights legislation provides considerably greater protection. Article 5 of the European Convention which can now be argued before courts and tribunals governs the right to liberty and security and sets out that a person detained must be given reasons for detention in a language he or she Page 51 of 705 © 2009 Factiva, Inc. All rights reserved. understands. Moreover, there is also a right to promptly challenge such detention. In Ammur v France (1996), the European Court of Human Rights held that this must include access to legal assistance and translation facilities. International refugee law also provides guidance on detention, in particular, Article 31 of the 1951 Refugee Convention and United Nations High Commission for Refugee guidelines make it clear that detention may be resorted to, but only in specific and exceptional circumstances. Article 31 has been incorporated into domestic legislation since 1996 whilst the guidelines, though not legally binding, nonetheless, come from an internationally authoritative source. Sanctuary in a Cell examined 75 individuals detained between January 1999 and June 2000. Thirteen were women held in Maghaberry and 62 men held in Magilligan and 19 nationalities were covered by the analysis though Chinese, Romanian and Nigerian nationals made up two-thirds of those detained. Only 8 per cent of the detained were ultimately deported. Worryingly, however, 27 per cent withdrew their asylum claims and returned to countries or origin suggesting that imprisonment inhibited the pursuit of legal redress. A further 23 per cent were removed to the Republic of Ireland and 38 per cent released on bail. Many of those removed to the Republic were transferred under the Dublin Convention as an asylum claim had been lodged with the Republic and the person had unwittingly travelled to Northern Ireland without realising the legal ramifications of such a trip. The outcomes for those detained raise real questions about whether detention was necessary or appropriate in the first instance. The report concluded that detention is too readily used in Northern Ireland and should, in future, only be applied in circumstances that meet international human rights standards. The main recommendation of the report is that a non-custodial alternative to detention should be developed including accommodation tailored to the needs of asylum seekers and the requirement of close supervision where necessary. In the interim a series of recommendations to improve prison conditions are also made. The recommendations have been endorsed by Sir David Ramsbotham Chief Inspector of Prisons for England, Wales and Northern Ireland, the Equality and Human Rights Commissions. A review by the Home Office of immigration detention facilities is at an advanced stage and the report's publication is timely. Page 52 of 705 © 2009 Factiva, Inc. All rights reserved. To illustrate the unsatisfactory impact of current provision, a Roma gypsy was detained and separated from her new born daughter on arrival in Northern Ireland. She became so agitated and distressed that she was removed to the psychiatric unit of Maghaberry. A prison governor had serious doubts about such a placement and contacted the Law Centre. The commissioning of a report from the consultant psychiatrist and an application for bail led to a move out of the unit and subsequent release to be reunited with her son who had been placed in care. Hopefully, the Home Office review will put an end to the need to highlight such cases. Sanctuary in a Cell - the detention of asylum seekers by Victoria Tennant is available from the Law Centre at #9.95. A copy of the executive summary is also available free of charge. Contact Law Centre publications department 90 244401. This article first appeared in The Writ, the journal of the Northern Ireland Law Society. Document belnel0020010710dx1n00ekv Page 53 of 705 © 2009 Factiva, Inc. All rights reserved. The AFP news agenda for Wednesday, January 10 1,302 words 10 January 2001 Agence France-Presse AFPR English (Copyright 2001) Duty editor: Frank Ferrari Tel: Washington (202) 414-0541 TOP WORLD NEWS STORIES BRUSSELS: A sharply divided NATO hold talks likely to focus on so- called Balkans syndrome, a day after Washington says allies were adequately warned. JERUSALEM: The Mideast peace process appears doomed as US mediator Dennis Ross puts off a visit to the region. BANGKOK: Historic contacts were made between Myanmar's junta and the opposition led by Aung San Suu Kyi. GENEVA: The Indonesian government and separatist Aceh rebels have agreed a month-long extension of a truce, due to have expired January 15, rebels confirmed. FILING PLANS BY REGION -- EUROPE -NATO-Balkans,lead BRUSSELS Page 54 of 705 © 2009 Factiva, Inc. All rights reserved. Members of a sharply divided NATO hold talks likely to focus on so- called Balkans syndrome, one day after Washington insisted that the allies had adequate warning about the hazards of handling depleted uranium munitions. 500 words 0830 GMT We also moved NATO-Balkans-Russia NATO-Yugo BELGRADE Yugoslav Foreign Minister Goran Svilanovic arrives in Brussels, the first high level Belgrade official to visit NATO since the 1999 Kosovo war, for talks with NATO Secretary General George Robertson before meeting with ambassadors from the permanent council. Will provide coverage NATO-Balkans-Germany BERLIN Defense Minister Rudolf Scharping addresses alarm over cancer suffered by troops sent to the Balkans in possible connection with the use by NATO of uranium in munitions. Press conference at 1100 GMT Will provide coverage NATO-Balkans-Kosovo KLINA, Yugoslavia Three Portuguese government ministers in Kosovo to speak to troops and scientists about the potential danger posed by debris from depleted uranium shells fired at the province during the NATO air campaign are to give a press conference. Conference at 0900 GMT Page 55 of 705 © 2009 Factiva, Inc. All rights reserved. Expect coverage WTO-China GENEVA Chinese negotiators resume talks aimed at securing the country's long-awaited entry into the World Trade Organization (WTO), expected to take place by mid-year. 250 words moved. Will update Austria-Nazi VIENNA Follow-up on the resumption of negotiations between Austria and the United States over the cash payout to victims of the Nazi Third Reich, after chief US negotiator Stuart Eizenstat warns there was still a long way to go before a settlement could be reached. Will provide coverage Eizenstat to hold press conference at midday Warcrimes-Bosnia BANJA LUKA, Bosnia-Herzegovina/THE HAGUE Former Bosnian Serb president Biljana Plavsic, an ultra- nationalist who openly accepted ethnic cleansing during the war in Bosnia from 1992-1995, was to formally surrender to warcrimes prosecutors in The Hague. Expect update Lockerbie CAMP ZEIST, Netherlands Page 56 of 705 © 2009 Factiva, Inc. All rights reserved. Lawyers for two Libyans accused of the 1988 Lockerbie bombing will begin their closing submissions with the aim of defeating an all-or- nothing bid by prosecutors to secure a murder verdict. Expect update Court resumes at 0845 GMT Azerbaijan-Russia,lead BAKU Russian President Vladimir Putin, on second day of landmark visit to ex-Soviet republic of Azerbaijan, urges Baku parliament to join Moscow in building long-term military cooperation in the troubled Caucasus region. 550 words 0900 GMT by David Stern Putin flies back to Moscow around 1200 GMT Madcow-Germany BERLIN German Chancellor Gerhard Schroeder reshuffles his government after the resignation of his health and agriculture ministers over their handling of the mad cow crisis. Press conference at 1100 GMT Will provide coverage Turkey-Iraq-Kurds ANKARA Iraqi Kurdish leader Jalal Talabani meets with Prime Minister Bulent Ecevit on a second day of talks with Turkish officials on how to purge northern Iraq of Kurdistan Workers' Party (PKK) rebels. Meeting scheduled for 1300 GMT Page 57 of 705 © 2009 Factiva, Inc. All rights reserved. -- MIDEAST -Mideast JERUSALEM The Middle East peace process appears doomed as US mediator Dennis Ross puts off a visit to the region and Israeli right-winger Ariel Sharon, favourite to win next month's elections, declares the seminal 1993 Oslo accords dead. 800 words 0930 GMT -- AMERICAS -US-Bush WASHINGTON President-elect George W. Bush kicks off a two-day visit to Washington during which he will attend education forum and get Pentagon and intelligence briefings. 500 words moved by Maxim Kniazkov Mexico-Chiapas TUXTLA GUTIERREZ, Mexico Foreign ambassadors and government officials were to witness the withdrawal of Mexican troops from areas where Zapatista guerrillas have a strong influence. 600 words moved by Patrick Moser Colombia-violence BOGOTA At least 35 Colombians, including 20 civilians, have died in the last 48 hours, in violent attacks attributed Page 58 of 705 © 2009 Factiva, Inc. All rights reserved. to right-wing paramilitaries and clashes between soldiers and leftist rebels. 600 words 0900 GMT by Alexander Martinez Chile-Pinochet SANTIAGO Former Chilean dictator Augusto Pinochet was expected at the Military Hospital here to undergo courtordered physical and mental tests to see if he is fit for trial. Expect coverage US-Albright WASHINGTON Outgoing Secretary of State Madeleine Albright prepares for a three-day visit to France and Spain. US-pandas WASHINGTON Two pandas on loan from China are released from quarantine at the National Zoo for all Washingtonians to admire, at event attended by the Chinese ambassador. Release set for 1500 GMT -- AFRICA -Nigeria-politics LAGOS Governors from Nigeria's 17 southern states will hold a second meeting on increasing autonomy amid rising regional strains. Expect coverage Page 59 of 705 © 2009 Factiva, Inc. All rights reserved. Burundi DAR ES SALAAM Burundi's President Pierre Buyoya is expected here Wednesday for talks with his Tanzanian counterpart Benjamin Mkapa -- who is trying to bring peace to war-torn Burundi and the Democratic Republic of Congo (DRC) -- the day after Buyoya and Hutu rebel leader Jean-Bosco Ndayikengurukiye met in Libreville for the first time since civil war broke out in 1993. Will update SthnAfrica-cholera JOHANNESBURG Cholera is scything through southern Africa, carried in contaminated rivers, with 63 deaths and more than 16,000 cases reported since August in South Africa, and new cases -- and deaths -- in Mozambique, Zambia, Tanzania, Zimbabwe. 600 words by 1600 GMT -- ASIA -Myanmar-politics-reax BANGKOK The international community welcomes the start of historic contacts between Myanmar's junta and the opposition led by Aung San Suu Kyi, and urges both sides to work towards national reconciliation. 700 words 0900 GMT Also moved: Myanmar-UN-meet Myanmar-US Myanmar-politics,analysis Page 60 of 705 © 2009 Factiva, Inc. All rights reserved. BANGKOK With news that Myanmar opposition leader Aung San Suu Kyi has held secret meetings with the core of the ruling generals, analysts question where the historic contacts are headed. 600 words 0800 GMT by Sarah Stewart China-space,5thlead BEIJING China moves a step closer to becoming just the third nation to put an astronaut in space with the launch of the unpiloted Shenzhou II spaceship. 650 words 0800 GMT Indonesia-Aceh-talks,2ndlead JAKARTA Separatist rebels in Indonesia's Aceh province have agreed to stop using arms and adopt political means instead to win independence in talks in Geneva with government representatives, Defense Minister Mohammad Mahfud said. 600 words moved. Expect update We also moved Indonesia-Aceh-truce ex-GENEVA Australia-origins,lead SYDNEY Mungo Man, the 60,000-year-old Aborigine now confounding conventional wisdom with new evidence about the origins of modern humanity, probably descended from Australia's first Chinese immigrants, experts say. 650 words 0815 GMT by Jack Taylor Page 61 of 705 © 2009 Factiva, Inc. All rights reserved. India-pilgrim-technology ALLAHABAD, India With mobile phone-wielding sadhus, cyber cafes, dedicated websites and satellite TV crews from around the world, India's Kumbh Mela -- the world's largest religious gathering -- has gone high-tech with a vengeance. 650 words 0830 GMT by Krishna Chatterjee NKorea-nuclear,lead SEOUL A Japanese consortium takes over from General Electric of the United States as the supplier of two nuclear reactors being built at an agonisingly slow pace in North Korea. 550 words 0815 GMT Thailand-vote,lead BANGKOK Voters stage a fifth day of protests angered by delays to Thailand's vote count with official results still not in, election officials say. 650 words 0800 GMT. Pictures afp Document afpr000020010709dx1a00lgi Page 62 of 705 © 2009 Factiva, Inc. All rights reserved. NEWS New Mafias Go Global / High-tech trade in humans, drugs Frank Viviano Chronicle Staff Writer 3,537 words 7 January 2001 The San Francisco Chronicle SFC FINAL A1 English © 2001 Hearst Communications Inc., Hearst Newspapers Division. Provided by ProQuest Information and Learning. All Rights Reserved. By any standard, the journey of Mohammed Hodrat from Tajikistan to Western Europe is an astonishing testament to international financing, state-of-the-art communications and pinpoint logistics. It is also, European law enforcement authorities say, the signature of an unprecedented organized crime network -a worldwide archipelago of "mafias," loosely modeled on the Sicilian original, equipped with the latest tools of high technology and linked in powerful underworld alliances that stretch across the Earth. The chief business interests of the Mafia Archipelago are drugs, arms and, increasingly, a multibilliondollar traffic in human beings that carried Hodrat and three members of his family to Italy. On a two-month trip by land and sea that ended with a midnight voyage across the Adriatic Sea in an open boat, the Hodrats passed through Afghanistan, Iran, eastern Turkey and Yugoslavia, crossing several of the world's most dangerous and heavily militarized borders without passports or visas. Even for a family fleeing a bloody civil war in the ruins of the Soviet empire, the experience was terrifying. "We expected to be killed at any moment," said Hodrat, who under an assumed name spoke with a Chronicle reporter at a crowded refugee camp in southern Italy. But at every border, he said, someone was waiting in a minivan, a boat or a truck with a concealed passenger compartment to transport the family to a hiding place until the time came for them to move on to the next border. At no point were they asked for any more money than the $24,000 fee that was paid Page 63 of 705 © 2009 Factiva, Inc. All rights reserved. by a relative in Norway to a Serbian "businessman" before their departure. Interpol, the international police agency, estimates that 4 million human beings per year are being smuggled across international borders by transnational criminal syndicates: Chinese triads and Italian Mafia clans, and their counterparts from the former Soviet Union, the Balkans, Israel, Lebanon, Vietnam, Nigeria, Colombia and elsewhere. Never in history, say leading law enforcement figures, have such far-flung criminal organizations combined their financial and logistical operations in a single enterprise. The traffic in human beings by this network "is among the most serious and fastest- growing problems in the world," warns Raymond E. Kendall, Interpol's secretary general. According to the Turin-based United Nations Interregional Crime and Justice Research Institute, human trafficking now earns multinational criminal syndicates up to $7 billion annually. Britain's Immigration and Nationality Directorate believes that the number of immigrants involved exceeds 25 million per year, and that the mafias' take is as high as $30 billion. On Dec. 15, the Clinton administration released a 120-page report characterizing global organized crime as a full-fledged "national security crisis" for the United States, equivalent to international terrorism. Yet at present, no one in the world's beleaguered police and legal establishments knows how the Mafia Archipelago's labyrinthine partnerships are formed. No one knows who monitors its costs, keeps the accounts, supervises itineraries, transport and warehousing -- whether the "goods" are heroin, weapons or desperate human beings -- and sees to it that profits are satisfactorily shared. No one knows how the network is directed, or from where. "What we do know, because such sophisticated operations would otherwise be impossible, is that there must be a single umbrella organization that oversees illicit trafficking, with representatives everywhere," says Umberto Santino, a leading expert on the criminal underworld. Beyond that assumption, says a U.N. criminologist based in Europe, there are only questions. "It is as though all of us, at international agencies and national police forces alike, are working separately on a 5,000-piece puzzle, but none of us has more than five pieces," the official said. UNDERGROUND PASSAGE Page 64 of 705 © 2009 Factiva, Inc. All rights reserved. At its most basic level, the traffic in human beings through the Mafia Archipelago is a gigantic transportation system, arranging passage from the world's poorest or most conflict-ridden corners to the rich nations of Western Europe and North America. Most of its "clients" disappear into Europe's clandestine economy, spending years trying to pay off travel debts. Others, like the Hodrats, are quickly apprehended by police and languish for years in refugee camps, or are returned penniless to their homelands. They are the lucky ones. The United Nations estimates that 1 million women and children per year -some no older than 8 -- are drawn or forced into vast prostitution and sexual exploitation rings after setting out into the Mafia Archipelago. In 1975, the worldwide flow of migrants was estimated at fewer than 85 million people. Today, it is thought to approach 145 million per year, reflecting an immense increase in the desperation that makes the Mafia Archipelago so lucrative. "The income gap between the richest and poorest countries was 30- to-1 40 years ago. By 1997, it had increased to 74-to-1," notes Enzo Bianco, minister of the Interior in Italy, Western Europe's principal port of entry for trafficked immigrants. "There is a direct connection between those numbers and the globalization of organized crime." There is also a direct connection between the massive flow of clandestine immigrants and blatant contradictions in Western immigration policy. For a quarter of a century, the rich European nations have made legal immigration impossible. Yet these same nations have extremely low birthrates and a growing labor shortage that makes newcomers essential. To maintain its economic standards, according to a recent U.N. report, the European Union needs 1.6 million workers per year more than it produces through natural population growth. The criminal organizations that govern the Mafia Archipelago, in that sense, provide a service to the legitimate economies of the West. "The European Union needs workers, and the criminal groups deliver them," points out Spartak Poci, Albania's minister of public order. "The absence of a clear policy addressing these population and economic trends is what makes the involvement of criminal actors possible." As in America, undocumented workers in Europe are commonly employed in the food, textile and Page 65 of 705 © 2009 Factiva, Inc. All rights reserved. construction industries, with many local police departments turning a blind eye to their presence -- and to evidence of labor abuses by unscrupulous employers, according to the International Organization for Migration in Geneva. In the implicit relationship between the Mafia Archipelago and the legitimate economies of Europe, "it is increasingly difficult to establish who services whom, who learns from whom, and ultimately who corrupts whom," says criminologist Vincenzo Ruggiero of Britain's Middlesex University. Almost always, it is the immigrants who pay. A 1998 University of London study found that clandestine immigrants are charged from $3,000 to $30,000 each by organized crime groups for transport, depending on the difficulty of the journey and the wealth of the destination country. Chinese undocumented immigrants in Europe -- an estimated 80,000 are in Paris alone, according to Interpol -- are reportedly forced to work in triad-run sweatshops for up to five years to pay off travel debts. "For organized crime, the narcotics trade is like investing in high-risk stocks. It offers the prospect of fast money if things work out right," says a U.N. official. "But trafficking in human beings is like investing in bonds. The money can keep coming for years and years, and the risks are much lower." International agencies believe each immigrant woman or child smuggled into prostitution generates from $120,000 to $150,000 annually for an underworld boss. Altogether too typical is the story of "V," a 21-year-old Moldovan whose case profile was made available to The Chronicle by the Italian government. In the summer of 1999, V paid a fee to an "employment agency" in her hometown that promised opportunities for domestic work in Italy. The agency, she now understands, was a front for a multinational network of underworld prostitution bosses. Along with 20 other women, V was first bused to Romania, then delivered by train to Belgrade, where Serbian racketeers took over and put them on another bus to Podgorica, the capital of Montenegro. Montenegro has no extradition treaty with the West, which makes it a valuable "transshipment hub" in the Mafia Archipelago for contraband of every description. From Podgorica, the women proceeded on foot over the mountains into Albania. Exhausted and disoriented, they were divided into groups of two or three, under the supervision of armed gunmen who beat and raped each of them. Page 66 of 705 © 2009 Factiva, Inc. All rights reserved. Two days later, V was literally sold for $2,000 to a man who traveled with her to Milan and forced her to work as a streetwalker until her detention by Italian police, who returned her to Moldova. "People have become products" for the transnational crime network, says Interpol's Kendall. GLOBAL CONNECTIONS These "products" are shipped through the Mafia Archipelago on carefully designed, systematic routings that highlight the extraordinary level of collaboration among crime groups. Lithuania is one of the few countries to have conducted a detailed study of the traffic in human beings, based on lengthy debriefings of arrested clandestine immigrants in 1996. Although Lithuania itself is only a transit country, separated by Poland and Belarus from the nearest major immigrant destination, Germany, 80 percent of the immigrants had already crossed three or four borders before they were arrested. More than 75 percent confirmed that the routes were determined completely by the gangs that organized their passage. Indeed, very few had ever heard of Lithuania before they were detained in it. They were housed and fed in a series of constantly changing "safe houses," which they were not allowed to leave until it was time to move on, according to the study. Each of the detainees had on the average used four different means of transportation, a bewildering combination of airplane flights, boat and train voyages, cars and buses, journeys on foot and periods enclosed in truck containers similar to the one in which 58 Chinese immigrants died after crossing the English Channel last year. On Oct. 20, in a similar tragedy, six Kurds from Iran suffocated near the Italian city of Foggia in a sealed truck with Greek plates, driven by a Bulgarian. The journeys often begin and end with brokers from the same ethnically defined clans. "We find, for instance, that Chinese immigrants are usually handed over to Chinese criminal groups resident in Italy when they arrive here," says Piero Luigi Vigna, director the Italian National Anti-Mafia Prosecutors Office in Rome. Constant intimidation in Western Europe by ethnic gangs from their own native lands tends to reinforce "a wall of silence" surrounding the immigrants themselves, says Interior Minister Bianco. Fearful that their Page 67 of 705 © 2009 Factiva, Inc. All rights reserved. families back home will be targeted if they alert authorities, the vast majority of clandestine immigrants are trapped helplessly in the shadows of illegality. "We know, and certainly the Italian bosses know, that the Albanians, the Chinese triads and Turkish and Nigerian crime groups operate in Milan, Florence, Turin, Rome and along Italy's eastern coasts and borders," says a top international law enforcement official. In 1999 alone, more than 17,000 ethnic Albanians, either from Kosovo or Albania itself, were arrested in Italy on criminal charges or placed under investigation for illegal activities. Altogether, 14,000 of the 52,000 inmates of Italy's maximum-security prisons today are foreigners, a third of them convicted of narcotics trafficking. "But to use American terminology," the official continues, "the various syndicates aren't bumping each other off. On the contrary, they are working very efficiently together, inside and outside of their own respective territories. That is unprecedented and profoundly troubling." Michael Koutouzis, a former Greek official regarded as a leading expert on the narcotics trade, says, "The borders between criminal clans were even more important than the borders between states in the past." Today by contrast, Vigna says, "Albanian criminal groups fulfill the functions of a kind of service agency, establishing, for the management of clandestine immigration toward Italy, ties with the Chinese mafia, and with its Turkish and Russian counterparts." In a rare interview with a trafficker, conducted by a voluntary organization that assists refugees, "it emerged that joint ventures between southern Italian organized crime and groups operating in Albania are frequent, and that such partnerships are imposed by local criminal entrepreneurs who expect to be given a percentage of the profits earned by their Albanian counterparts," says criminologist Ruggiero. Some criminal syndicates have gone so far as to seal their distant clans in marriage alliances. Josip Loncarcic, 45, the Croatian-born mastermind of human trafficking along the western border of Slovenia, was apprehended Nov. 28 by Slovenian police with his wife, Xue Mei Wang -- granddaughter of a Chinese triad boss deeply involved in the smuggling of Asians to Europe. DANGEROUS CROSSINGS The cross-border collaboration is most striking on the long leg, sometimes lasting four months, between the departure of clandestine immigrants from their Asian, African or Eastern European homelands, and their arrival in a destination country. En route, they may pass through a gamut of powerful underworld Page 68 of 705 © 2009 Factiva, Inc. All rights reserved. clans, most notably those of Russia, Albania and Turkey. At any given moment, according to Interpol, from 200,000 to 300,000 clandestine immigrants are hidden in Moscow, awaiting onward transportation under the auspices of the Russian mafia. The Moscow hub is just one on a dizzying array of routes through the Mafia Archipelago. Thanks to hightechnology communications, its directors are able to shift enormous numbers of clandestine immigrants from one route to another within hours, depending on unexpected political developments or changing conditions at borders. The next stops, after Moscow, are usually the westernmost nations of the former Soviet Union, most of which require no inbound visas from Russia, en route to the Turkish Black Sea coast. "In Turkey, illegal traffickers buy old, cheap trucks and ships to transport illegal immigrants so that they can easily abandon their vehicles (and vessels) when they come close to the destination countries," says Hikmet Sami-Turk, Turkey's minister of Justice. On Nov. 6, 1,200 clandestine travelers, including hundreds of small children, came perilously close to drowning when the leaking Ukrainian ship transporting them from Turkey was abandoned by its crew off the southern Italian coast. Another ship full of undocumented immigrants, this time under the flag of Georgia, broke apart in a storm off the Turkish coast on New Year's Day, killing dozens. In the past three years, Sami-Turk says, the number of people arrested while attempting to transit his country illegally has more than doubled, and is now running at close to 6,000 per month. But that is a fraction of the numbers who reach the Yugoslav republic of Montenegro or Albania, the primary final jumping off points for the European Union. The capture last year of Princ Dobroshi, one of the Albanian transit corridor's most infamous "godfathers," dramatizes the global character of the new crime links. Dobroshi was tracked down by police in Prague, in the Czech Republic, en route to a destination unknown in a BMW with German plates. In his bags, the police found a Croatian machine gun, a shotgun with a Chinese silencer and a Czech dagger. He had been imprisoned six years earlier on charges of trafficking in Turkish heroin in Norway, with other charges pending in Sweden and Denmark, but escaped from prison in Oslo. A LOSING STRUGGLE Page 69 of 705 © 2009 Factiva, Inc. All rights reserved. To meet the rising menace of the Mafia Archipelago in human trafficking, almost all experts on the phenomenon agree, the governments of source, transit and destination countries must develop coordinated policies. "But national law enforcement agencies are just that -- 'national,' " says Irena Omelaniuk of the International Organization for Migration. "They don't share information or equipment with their counterparts in other countries." The result, at the moment, is a losing struggle in which no single police force or judiciary has the power to confront a criminal network with operations as globalized as those of Microsoft. "The international crime networks are better equipped, better organized and have more money than national law enforcement agencies," says Omelaniuk. She cites a new anti-counterfeit paper, developed to prevent passport fraud, that was recently adopted by several countries along the primary routes of the Mafia Archipelago. "It took the criminal organizations exactly 24 hours to come up with a near-exact reproduction of the new paper," she says. "It's not simply a matter of organized crime employing the swiftest means of transporting illicit goods -- or human beings -- or even their embrace of continuous innovations in the field of communications, which often produces an overwhelming gap in tools with those of the states where they operate," says Italy's Vigna. "We also have to contend with the global dimensions of financial markets, which are indispensable to criminal groups in managing their immense earnings, and the introduction, even in this field, of technological instruments like the Internet that are outside of effective government control." According to the International Monetary Fund, money-laundering activities could add up to more than $1.5 trillion per year, a figure that exceeds the gross domestic products of all but the world's five largest economies. No single element in this ocean of dirty cash is larger than the proceeds laundered by the burgeoning network of organized crime. In August, scandal rocked the U.S. financial community over disclosures that the venerable Bank of New York had been used to launder some $10 billion in underworld money. The principal account- holder in the scheme was Semion Mogilevich, boss of the "Red Mafia," with operations in Ukraine, the Czech Republic, Hungary and the United States. The group has been identified by the FBI as a major player in the transnational trafficking of drugs, arms and women into sex rings. Page 70 of 705 © 2009 Factiva, Inc. All rights reserved. The crisis is compounded by the huge costs necessary to mount a successful police and judicial campaign against criminal syndicates engaged in human trafficking. In a single 1997 case, involving Chinese and Vietnamese immigrants smuggled into Germany, "over 140 house searches were made in 27 German cities, 12,000 phone calls were registered on five phone lines, 170 suspects were identified and 280 cases of illegal immigration detected," says Interpol's Kendall. "The main suspect had connections in Portugal, the Netherlands, the United Kingdom and the United States," he says. If the task is daunting for Germany, one of the world's richest nations, it is all but impossible for impoverished transit and source nations. "It takes practical measures, implemented at every border, with sophisticated controls to enhance security and identify traffickers in human beings, drugs and weapons," says Vladimir Turcanu, minister of the Interior for Moldova. "But our financial resources only allow such measures at two of our 31 crossing points, and we have no database at all for things like fingerprinting suspected traffickers." The rich countries often respond by complaining that former Communist nations, especially, either lack laws against trafficking or seldom invoke them. In Albania, the hub from which hundreds of thousands of clandestine immigrants are smuggled annually into Western Europe, a grand total of 20 people have been charged with trafficking in human beings this year. Both sides contend that progress is being made. They point to a ground-breaking conference held in midDecember -- convened, symbolically, in Palermo -- at which government ministers from 150 nations met and hammered out the U.N. Convention Against Transnational Organized Crime, laying the groundwork for joint research, enforcement and judicial action. But rich and poor alike admit that a long, difficult road lies ahead. "At this juncture, we don't even have a shared data bank on organized crime prosecutions," Vigna says. "We don't have compatible laws." In Italy, where Chinese triads are a growing criminal force, police departments and courts seldom have a staff member who can read or speak Mandarin. "Local Chinese who might act in that capacity for us are Page 71 of 705 © 2009 Factiva, Inc. All rights reserved. traumatized by the fear of reprisals," says a law enforcement official in Turin. Ukraine, which has the bleak distinction of being both a major source country and a major transit country for clandestine immigrants, finally passed a law against human trafficking in 1998. To date, notes Ukranian criminologist Lydia Gorbunova, "not a single person has been convicted for trafficking in human beings." -- Tomorrow: The Cosa Nuova, the new version of the Mafia, is more mysterious than its parent and every bit as ruthless. PHOTO (5), MAP; Caption: PHOTOS: (1) A group of illegal Chinese immigrants arrested in Thailand formed the backdrop for a law enforcement news conference in Bangkok in late November. / Richard Vogel/Associated Press 2000, (2) Italian police officers passed out food and drink to Romanian and other Eastern European nationals arrested after being smuggled into Italy. / Franco Dalla Pozza/Associated Press 1998, (3) Italian Ministry of Finance forces closed in on a freighter full of illegal refugees near the port of Otranto in southern Italy last Oct. 11. / Associated Press 2000, (4) Six Kurds suffocated while being smuggled through Italy. The smugglers left the bodies by the roadside., (5) An officer of Italy's Guardia di Finanza helped a refugee found with 460 others on a rusty freighter off southern Italy in October. / Associated Press 2000, MAP: Chronicle Graphic Document sfc0000020010713dx170013y Page 72 of 705 © 2009 Factiva, Inc. All rights reserved. TABS A GLOBAL LEARNING VILLAGE METRO PITTSBURGH FIFTH IN ATTRACTING COLLEGE STUDENTS Series: PG BENCHMARKS BILL SCHACKNER, POST-GAZETTE STAFF WRITER 1,220 words 31 December 2000 Pittsburgh Post-Gazette PPGZ TWO STAR F-2 English © 2000 Post Gazette Publishing Company. Provided by ProQuest Information and Learning. All rights reserved. It's sundown, and 10 Muslim students assembled in a dormitory lounge have lined up facing east, their shoes removed for worship marking Ramadan. The daily prayers are routine, save their location, smack in the middle of a Catholic college. The makeshift mosque at La Roche College is one way the North Hills school is embracing a rapid influx of foreign students. La Roche, which had virtually no international students in 1990, now estimates that one of every five of its 1,200 full-time undergraduates is from outside the United States. Other Western Pennsylvania campuses also are opening their doors to more foreign students. The Pittsburgh metropolitan area is fifth among PG Benchmarks regions in how successfully its colleges and universities attract all undergraduate and graduate students. The success by those schools is helping to give a youthful feel to a region with an otherwise aging population. And increasingly, that youth is an eclectic global mix -- some raised in prosperity and others wracked by memories of war and famine. It's part of a national trend, and it's changing the environment not only at urban schools but on campuses miles from the city. Undergraduates from China and Ethiopia and the former Yugoslavia are learning side by side with natives of Ambridge and Butler. Page 73 of 705 © 2009 Factiva, Inc. All rights reserved. That is certainly true at LaRoche, which in 1993 launched what is now the Pacem In Terris Institute, dedicated to helping subsidize the studies of students from war-ravaged and developing nations. The small school has broadened its mission to reflect the new population and has discussed adding the word "International" to its name. It has hired a full-time administrator to consider ways to make courses such as finance and education more relevant to students from Eastern Europe, Africa and South America. Language and immersion instruction are in high demand, said Monsignor William Kerr, president of La Roche. And the campus calendar of events now includes such holidays as Ugandan Independence Day (Oct. 9) and Yemen Unity Day (May 22). "I think it's important to recognize ... we may live in Western Pennsylvania, but we are part of the world," Kerr said. The growing ranks of foreign students strolling the tranquil campus in McCandless has rankled a few students and alumni, but Kerr said the school by-and-large is behind the program. The campus still draws most of its students from Allegheny and Butler counties. "There have been occasional tensions, but not as much as I thought there would be," he said. "What we've got here is a small community. When 22 percent of your population is from other parts of the world, it forces everyone to interact," Kerr said. "They're forced to come out of their provincial cocoons." The school learned that early. Some of the first students admitted through the program were Croatians, Bosnians and Serbs, whose homelands were embroiled in violent civil and ethnic war. "We really didn't have any outbreaks of violence or anger because I think they realized the intent of the program," said Kathleen Sullivan, campus director of Pacem In Terris, which is Latin for "peace on Earth." That's not to say the program hasn't produced uncomfortable moments over the years. A student from Ambridge asked one from Macedonia whether people there used knives and forks, and was humbled by the answer. "He said, 'I think we Europeans invented knives and forks,"' Kerr recalled. A group of students from Africa was stopped and questioned harshly by guards at a store off campus who mistook them for shoplifters. Page 74 of 705 © 2009 Factiva, Inc. All rights reserved. And, there is plain old culture shock. Shakir Mohammed, 22, a sophomore from Ethiopia with a double major in business administration and computer information systems, had to get used to Americans' reserved nature and Pennsylvania winters. And getting news from loved ones back in non-Internet-wired homelands isn't always easy, he said. "You write a letter and then wait for an answer. That can take a month," he said. "A five-minute phone call can cost $20." The PG Benchmarks numbers represent totals for all students, both from the United States and abroad. The region's students made up a larger share of Pittsburgh's overall population than in Seattle, Miami, Atlanta, Minneapolis, Cleveland, Portland, Tampa, Kansas City, and Milwaukee. The Pittsburgh area trailed Denver, Cincinnati, St. Louis and San Diego. Experts say the arrival of tens of thousands of students each year is a boost to the region's economy, from what they purchase in the clothing and record stores to the meals they buy to the concerts and movies they attend. Those from foreign countries also provide a measure of diversity. Nationally, what foreign students spend on tuition and living expenses represents a $12 billion industry, according to the Institute for International Education in New York City. Last month, the group announced that the number of foreign students in the United States had grown by 5 percent to a record 514,723 students, the second-largest gain in a decade. The organization says the benefits of those students continue to accrue long after they graduate. "When these students return home, they take with them an appreciation of American values, culture and society that contributes to improved bilateral relations, business relationships and cultural ties," said William Bader, assistant secretary of state for cultural and educational affairs. Allegheny County ranks 33rd among the top 100 counties for international students, according to the institute. Many of them attend classes at Pittsburgh's three major universities. The 2,021 international students at Carnegie Mellon University account for 24 percent of the school's 8,514 students. The largest group, 341, is from India, followed by 273 from China; 179 from Korea; 85 from Taiwan; and 78 each from Canada, Singapore and Turkey. Page 75 of 705 © 2009 Factiva, Inc. All rights reserved. At the University of Pittsburgh's main campus in Oakland, there are 1,633 foreign students, 6 percent of the total. The countries most represented are China, India, Japan, Korea and Taiwan. Duquesne University has 532 foreign students, or 5 percent of the total enrollment, double the number from a decade ago. They come from 110 nations including China, India, Saudi Arabia and Nigeria. Muslim students on the campus hold daily prayers in an international prayer room in Towers residence hall. Like other schools, Carnegie Mellon offers foreign students orientation when they arrive and counseling on everything from tax laws to how much participation in class is expected by American instructors. Even so, students from some parts of the world can be thrown for a loop -- sometimes by something as simple as an American habit of saying, "Hi, how are you" while passing on the street. "Some [students] say, 'Why would you ask me about how I am and then not wait for, or care about, the answer," said Linda Melville, interim director of Carnegie Mellon's office of international education. "The answer is it's not a real question. It's just part of a greeting ritual." THE DOWNTOWN DILEMMA PHOTO; Caption: PHOTO: Lake Fong/Post-Gazette: Aside from generating ideas and generally elevating regional culture, Pittsburgh universities and colleges also invigorate the region with a youthful and increasingly international presence. Document ppgz000020020306dwcv000mb Page 76 of 705 © 2009 Factiva, Inc. All rights reserved. CHP-DSP spring atmosphere turns chilly - Death toll exceeds 110 in holiday's traffic accidents - Yes ... By Ilnur Cevik., and Tolga Demiroz., and Mert Gozde. 4,421 words 30 December 2000 Turkish Daily News TURKDN English The Turkish Daily News (TDN) CHP-DSP spring atmosphere turns chilly - Death toll exceeds 110 in holiday's traffic accidents - Yes to common sense, but remember there is a limit to our patience - Turkey's population to exceed 100 million by 2050 - Villages being repopulated in Diyarbakir - ANAP scythes away YOK's powers. HAPPY NEW YEAR FROM TDN CHP-DSP spring atmosphere turns chilly BAYKAL WINS: Baykal may be courting the DSP crowd with his latest defense of Ecevit as a political investment for the future in case the prime minister departs NO RECONCILIATION: What started as an exchange of warm remarks did not yield political results and the split remains as deep as ever between DSP and CHP EDITORIAL: Turkey needs a strong and revamped social democrat movement. Yet we see this is impossible for the time being despite some gestures and overtures... Death toll exceeds 110 in holiday's traffic accidents Unfavorable weather conditions and heavy snowfall caused many accidents all over Turkey Yes to common sense, but remember there is a limit to our patience 'We are what we are. We always say, "Do not label us, get to know us." Unfortunately, people always stick labels on us. They have always put labels on us without getting to know all our aspects and this label does not reflect the truth. They say we are a group of ignorant uneducated louts and vandals being manipulated by certain forces. We are misunderstood' Page 77 of 705 © 2009 Factiva, Inc. All rights reserved. Turkey's population to exceed 100 million by 2050 Estimates say that Turkey will be the 18th country in the world whose population exceeds 100 million by 2050 Villages being repopulated in Diyarbakir Diyarbakir Governor Serhadli: Some 3,813 people have been moved back to their villages in the last two years ANAP scythes away YOK's powers ANAP has submitted a bill amending 32 articles of the Higher Education Law and adding two more; ANAP deputy leader Professor Yildirim said their aim was for free and modern universities BAYKAL WINS: Baykal may be courting the DSP crowd with his latest defense of Ecevit as a political investment for the future in case the prime minister departs NO RECONCILIATION: What started as an exchange of warm remarks did not yield political results and the split remains as deep as ever between DSP and CHP EDITORIAL: Turkey needs a strong and revamped social democrat movement. Yet we see this is impossible for the time being despite some gestures and overtures... It all started when some deputies criticized Prime Minister Bulent Ecevit's frail condition during the parliamentary budget debates. These remarks created an uproar among Ecevit's Democratic Left Party (DSP) deputies and there were fist fights between them and members of the opposition parties. Then came True Path Party (DYP) Chairperson Tansu Ciller's remarks during the closing debate of the fiscal year budget where she said the prime minister was clearly very weak and could not move around properly. She went on to say Ecevit could not run the country in his current state. Earlier Hurriyet columnist Ismet Solak, known to be close to Ecevit, commented on the health of the prime minister and urged him to step down. That was followed by the remarks of the Istanbul Chamber of Commerce (ITO) Chairman Mehmet Yildirim who said Ecevit and his wife Rahsan, who is the deputy chairperson of the DSP, should retire and Page 78 of 705 © 2009 Factiva, Inc. All rights reserved. sit in their home. The answer to all this came from the opposition left-wing Republican People's Party (CHP) Chairman Deniz Baykal who said such statements were crude and out of place. He said it was inappropriate to comment about the state of an aged person and that there were several elderly leaders at home and abroad who had successfully served their countries. Baykal said U.S. President Roosevelt served his country from a wheelchair and Ismet Inonu, the late veteran politician of Turkey who served as president, prime minister and CHP leader, was in politics right up to his death. Coming from an old Ecevit foe, the remarks by Baykal were seen as an olive branch from the CHP leader to Ecevit, the mentor of the left-wing movement in Turkey. Ecevit was the leader of the CHP in the '70s and turned it into a popular left-wing party. However, Ecevit was fed up with internal bickering in the CHP and quit as the leader of the party soon after the 1980 coup. He frequently accused factions within the party for ruining it; Deniz Baykal was one of the faction leaders. Once the CHP as well as the other parties were closed down by the military Ecevit founded his own party, the Democratic Left Party (DSP) and did not allow any CHP people into it. The CHP was reopened after the military bans were lifted and banned parties were revived. The CHP became the melting pot of the left-wing political movement with the exception of the DSP. Throughout the 1980s and 1990s Ecevit kept a clear distance from the CHP and regarded it as his arch rival. When Baykal defended Ecevit earlier this week there were rumors that this was the start of a political rapprochement between the two parties. However, Ecevit was quick to dampen this atmosphere saying what Baykal had done was a civilized gesture but no one should draw any political conclusions form this. After Ecevit's move Bakyal too made similar remarks showing the political chill between the CHP and Ecevit was still continuing. Observers said even today Rahsan Ecevit, the deputy chairperson of the DSP, is extremely careful not to enlist anyone with a CHP background. She carefully screens candidates for party posts as well as candidates for Parliament to make sure people with CHP background do not infiltrate the DSP. Observers said Ecevit was prompt in his reaction to dampen any possible speculations that the DSP and the CHP were setting a course for a possible merger. Page 79 of 705 © 2009 Factiva, Inc. All rights reserved. Observers also said Baykal may have made these remarks as a gesture to the DSP crowd and thus establish some warm links with them in case something happens to Ecevit in the future and the DSP falls into disarray. Political analysts said the CHP had started gaining some ground in recent months in winning back some of its lost political support and Baykal's latest gesture would win him more points from all sides irrespective of what Ecevit says. Unfavorable weather conditions and heavy snowfall caused many accidents all over Turkey Traffic accidents taking place last week killed more than 110 people, the Anatolia news agency reported. Holidays are usually the time for busy roads, with millions of people taking to highways to either go to tourist centers or their hometowns. Joining the Ramadan Feast holiday with that of the New Year, the government announced a 10-day holiday for public workers but given the snowy weather, officials warned about traffic accidents. The Interior Ministry announced that measures on the roads were intensified to prevent traffic accidents on the eve of the holiday. Some people travelling through the central Anatolian province of Afyon had to wait 16 hours in the first day of the long holiday to see the road opened after being closed due to heavy snowfall. But officials say the weather conditions will be more positive during return travels. Western and central parts of Turkey will have rainy but warm weather for the next few days, according to forecasts. The temperature will continue to rise in central and eastern Anatolia but fog could be seen in these regions. State Meteorology Deputy Director Recep Yilmaz said that the negative circumstances at the beginning of the holiday will disappear for return travels. "We do not expect snowfall until the end of the holiday," Yilmaz said. Yilmaz also said that the temperature will rise further in Ankara with fog disappearing due to winds expected this afternoon. The temperature might rise by 5-6 degrees centigrade in Ankara. To reopen the roads closed by heavy snowfall is expensive work, officials said, with the cost of clearing one-kilometer of road reaching up to TL 129 million. Such work is necessary especially in the eastern part of Anatolia where the weather conditions are particularly bad in winter. Page 80 of 705 © 2009 Factiva, Inc. All rights reserved. Chairman of Idealist Hearths Atilla Kaya: 'We are what we are. We always say, "Do not label us, get to know us." Unfortunately, people always stick labels on us. They have always put labels on us without getting to know all our aspects and this label does not reflect the truth. They say we are a group of ignorant uneducated louts and vandals being manipulated by certain forces. We are misunderstood' The events Turkey has witnessed in recent days reminded everyone of the clashes between the left and the right that led to the Sept. 12, 1980 military coup. The hunger strikes and death fasts that began about two months ago with the aim of protesting the new F-type prisons found themselves reflected on the streets having won the support of certain non-government organizations (NGOs) in Turkey. Kizilay Square, famous for being the rallying point for protest gatherings, became the scene for clashes between crowds of people protesting the F-type prisons and the police on Dec. 12. The incident escalated with the participation of youth making the "grey wolf" (sign of ultranationalists/idealists of the Nationalist Movement Party [MHP]) sign with their hands. That same evening, an "idealist hearth" in Zeytinburnu came under fire and a 15-year old boy lost his life. Everybody who had lived through the events prior to the Sept. 12 coup began to fear: "The left and rightwing clashes have started up again." Before the military intervention, Turkey lost thousands of young people on both sides of the political spectrum and nobody wanted to see a return to those times. We talked with Atilla Kaya, the overall chairman of one of the protagonists, the Idealist Hearths, about their approach to the recent events and about Turkey from A to Z. The state can never rule prisons with these laws When I think about the events witnessed in Turkey just recently, the first thing that catches my attention is what has happened in the prisons. The penal system and the laws being put into practice make it impossible for the state to rule the prisons. As for the reason, our prisons are inadequate from the perspective of rehabilitating people. In addition to this, there are a host of problems to do with prison security. This became most apparent with the latest operations mounted to secure law and order in the prisons. The weapons seized disclosed the true situation in the prisons. Page 81 of 705 © 2009 Factiva, Inc. All rights reserved. It became clear how a person who sympathizes with an organization can be turned into a militant by means of the cell-ward system. Another problem is the mafia members inside. They work inside the prisons just like the terrorist organizations do. A young man goes into prison and may leave as a trigger man. These problems have to be rectified as soon as possible. However, it is not possible to straighten out the prisons using the current structure and laws. We are not opposed to F-type prisons but there is one point that should be borne in mind and that is people have to be allowed to benefit enough from communal areas. I mean, these people should not be confined to one or three-person rooms. They should be able to benefit from exercise areas, libraries and other facilities as much as possible. Peace hangs by a very thin thread The economic and other crises Turkey has witnessed over the past month to 45 days have shown us that peace and normality are practically hanging by a silken thread here. This is a grave situation. Those who want to throw Turkey into confusion can easily do so just by focusing their attention on the current makeup and by using a little provocation. The environment is conducive to such provocation and this has to be rectified. The media have a very important role to play here and ought to be more careful when covering these issues. They should not fan the flames. They should also report incidents from a neutral stance. Let me give you an example. There was an unauthorized demonstration in Istanbul a few years back and one of the protestors mistakenly ran into MHP premises. When he tried to jump out of a window, the idealists inside held on to him and tried to pull him back in. The young man's friends misunderstood what was going on and it got reported in the press as "the idealists wanted to throw him from the window." Just a few days later in Bolu, three young idealists were cornered by a group of eight or so Peoples Democracy Party (HADEP) supporters as they were leaving the Hearth. The HADEP boys said, "That's not how to throw someone out the window, this is," and attacked the idealists. One man died in the fight. Another is in prison. The news put out in the paper is responsible for one man being killed and another being put in jail. Thus, the media has a huge responsibility. It must be more careful. If we have to look at the events of Dec. 12 we see that a handful of people making "grey wolf" signs were obstructing protestors. I looked into this in my capacity as chairman of the Idealist Hearths. I found out we had nothing to do with these events. It was a reaction by local shop keepers and artisans Page 82 of 705 © 2009 Factiva, Inc. All rights reserved. or by people passing through. We had nothing to do with it. But look at how it got reflected in the media. "Idealists join forces with police and attack protestors" is what they said. When they write this stuff, why don't they come to the Idealist Hearths and ask us why we got involved like that? Look. Left-wing militants reading and watching this in the news start thinking that as the idealists and police united to attack them, they will now attack us. And that's what led to the incident at the Zeytinburnu Idealist Hearth. Four young boys of secondary school age, maybe 15, 16 or 17 years of age, were inside waiting to break their fast. One of them lost his life just as it was beginning. We have always had a common sense approach right from the outset. We go to great lengths not to succumb to such provocation. Common sense is all well and good, but people have to know that there is a limit to our patience. Whenever incidents kick off, we tell our members studying at university not to go to lessons that day out of our concern that there will be provocation. We keep as far away from chaos as we can. We are not concerned about a change in image Contrary to what the press says, we are not concerned about changing our image nor are we trying to change it. For one thing, I take a change in image as a kind of two-facedness. I mean, this is what you are and if it is understood that you are trying to conceal this fact by changing your image then this is being two-faced. We are what we are. This is very clear. We have always said, "Do not label us, get to know us." Unfortunately, people always stick labels on us. They have always put labels on us without getting to know all our aspects and this label does not reflect the truth. They say we are a group of ignorant uneducated louts and vandals being manipulated by certain forces. But this definition does not reflect the truth. We are misunderstood, all because of the blinkered way people looked at the polarized events prior to Sept. 12, 1980. Over time, as these polemics reduced, as people began to sit down and confront each other at the meeting table, they saw that their views regarding one another were at least misplaced. We encourage our colleagues to study, to advance themselves, to understand the changing conditions in the world and to be people who will be of great benefit for the country in the future. Page 83 of 705 © 2009 Factiva, Inc. All rights reserved. The amnesty in this form is a mistake In my opinion, the amnesty as it stands is full of contradictions and its structure could harm social order. We are opposed to any amnesty that erodes society's belief in justice. Privatization is a reality these days, but we must be careful As a movement, we are the children of families known for limited incomes. When we look at the economy, we especially look at the streets and the markets. Governments have been saying for years now that inflation is falling, has fallen but in real terms we have not seen any fall in the cost of living. On the contrary, it keeps on going up. There is a huge system of robbery in Turkey. The money accumulated by the nation, things the nation holds valuable are grabbed and sold off by a handful of people. The best example of this is the bank operations. The confessions read by the public show just all too clearly how the banks' coffers were drained and how these involved were conducted. Politicians, bureaucrats and businessmen were all party to a menage-a-trois formed to drain the banks. The most important topic in the economy that has to be considered alongside these deviations is that of privatization. Yes, privatization is a fact of life today. However, attention must be paid to ensure that those institutions the public has paid for over the years with tax and sweat should not be sold off for a song. They should be sold for their true value. Attention must be paid to this matter. The economy and other problems in Turkey can only be straightened out when the warped system of ripping people off is changed and attitudes mature. Yes to EU, but on equal terms We do not have any objections to Turkey joining the European Union. But we do say there are points we have to be careful over. Turkey should join the EU only if it will do so on an equal footing. We will not condone Turkey joining as a country to be treated like a second class citizen, that is pushed around from pillar to post and whose identity is considered worthless. We think it is wrong to be the submissive partner in our relations with the EU. In addition, one should not forget the reality of the Turkic world. Turkey has always been one step ahead of the 200 million people that make up the Central Asian countries, in spite of its erroneous policies. Page 84 of 705 © 2009 Factiva, Inc. All rights reserved. Estimates say that Turkey will be the 18th country in the world whose population exceeds 100 million by 2050 Average estimates for the size of the world population come 2050 reckon there will be some 8.9 billion souls on this planet with India being the most crowded at 1.529 billion, the Anatolia news agency reported yesterday. The world's population is said to be growing at 78 million a year, but this would fall off to 30 million in the period 2045-2050, say estimates. At the end of the 20th century there were only 10 countries with a population greater than 100 million and this figure is set to rise to 18 with Turkey being one of them with 101 million. Those countries with populations in excess of 100 million today are: China, India, the United States, Russia, Pakistan, Indonesia, Brazil, Bangladesh, Nigeria and Japan. By 2050 these will be added to by Ethiopia, the Congo Democratic Republic, Mexico, the Philippines, Vietnam, Iran, Egypt and Turkey. China is enforcing a strict one family one child policy that is expected to keep the population count as low as possible but there is no such policy in India, which will take over "first place" from China by 2050. Their populations will be an estimated 1.478 billion and 1.529 billion respectively. The United States is expected to have a population of 274.349 million by 2050 and Pakistan, currently with 148 million, will become the fourth most crowded country with 346 million people. Indonesia will have 312 million people, Nigeria and Brazil around 244 million, Bangladesh will have 213 million, Ethiopia 170 million, the Congo Democratic Republic 160 million, Mexico 147 million, the Philippines 131 million, Vietnam 127 million, Russia 122 million, Iran and Egypt 115 million or so each, Japan 105 million and Turkey will have 101 million people. Diyarbakir Governor Serhadli: Some 3,813 people have been moved back to their villages in the last two years The governor of the Southeastern city of Diyarbakir, A. Cemil Serhadli, has said that over the last two years some 3,813 people have moved back to villages abandoned because of the fight against separatist terrorism, the Anatolia news agency reported yesterday. Commenting that people returning to their villages were given material and financial aid, Governor Serhadli said that 3,813 people had moved back to 19 villages in the last two years and added: "We are giving cash, cement, ironwork, sand and similar materials to all those citizens that wish to return to the villages. In addition to this, we get the people to use the provided vehicles for transport back to their villages. We are constructing 50 modern housing units in the Islam village of the Kulp district for those citizens that wish to return. As soon as they are completed, we will hand the accommodation blocks over to them." ANAP has submitted a bill amending 32 articles of the Higher Education Law and adding two more; ANAP deputy leader Professor Yildirim said their aim was for free and modern universities Page 85 of 705 © 2009 Factiva, Inc. All rights reserved. Coalition junior partner the Motherland Party (ANAP) has submitted to Parliament a bill that would curb the powers of the Higher Education Board (YOK) and restructure it along more democratic lines, giving them more administrative and financial freedoms. The ANAP deputy leader and Parliament deputy for Sirnak, Professor Salih Yildirim, who prepared the Legal Proposal for Amending Certain Articles in the Higher Education Law, said their aim was for universities that were freer and more democratic. Pointing out that in its current form, higher education created numerous problems and heartache across all sectors from administration and finance to education and student placement exams, Professor Yildirim said the only way to overcome these problems was for YOK to be brought into line with the conditions of the day. Stating their aim was to do away with the problems and heartache seen in higher education, Yildirim said: YOK's powers given to universities "We do not want YOK to run the universities as it doing so today. We envisage all the authorities concerned with running universities, both within YOK and within the universities, transferred to boards. In this way, individual people will no longer be able to run the universities single-handedly in accordance with their own initiative. The boards would take decisions based on objective criteria and would find the opportunity to get them legislated. All of YOK's powers vis-a-vis the running of universities would be handed over to the universities. In this way, we would no longer hear many of the problems and complaints that arose from the way YOK used its powers." Universities will be better off economically Maintaining that the bill would put the universities at ease from a financial perspective, Professor Yildirim said: "We are bringing in a new structure that would centralize all revenue, apart from that coming from the supplementary budget, under a single roof called the universities autonomous budget and which would allow the universities to use that money. This will be a provision that would put the universities minds at ease from a financial perspective." Yildirim further noted that there were many injustices in the university student placement exams and said they had looked into this as well. He said that the system as it stands did not take into account regional imbalances and discrepancies. "This system, which does not reflect in the exam the fact that there are regional differences, should be reviewed," he said. Page 86 of 705 © 2009 Factiva, Inc. All rights reserved. What does the bill justification paper say? Certain important articles in the new proposed bill drawn up by Professor Yildirim and his ANAP colleagues are justified as follows: "We propose that YOK continues in its current form as a coordinating body between the universities but, in the belief that it has exceeded the aim of a number of the authorities granted to it by law number 2547, we propose that by means of this bill some of the authorities vested in the YOK chairman and in university rectors be rescinded and the decision making bodies transferred to boards." YOK kept out of appointing rectors While the bill proposes that the election system for choosing university rectors remain unchanged, it does remove YOK's initiative from the process. After listing the duties of a university rector, the article concerning their appointment says: "YOK's input into the university rector appointment procedure has been removed. By introducing an arrangement whereby deans are similarly elected to their positions, an attempt has been made to spread free will and the spirit of participation throughout the entire university from the faculties downwards." Means to investigate YOK chairman The bill also allows the YOK chairman to be investigated. The relevant article says: "It has been seen that preliminary investigations into the chairman of YOK are impossible in practice because even though the investigating person or persons who will carry out such preliminary investigations against other people are appointed by the YOK chairman or a disciplinary authority, no arrangements have been laid down stating who is to task people with conducting preliminary investigations into the YOK chairman. In order to negate this objection and to allow preliminary investigations into the YOK chairman to be carried out if and when required, this bill was written in such a way as to enable the Education Ministry to elect a board comprising at least three YOK members. In this way, an effective means of monitoring the YOK chairman will be formed." ( $=669.967 TL Official Rate). Document turkdn0020010819dwcu002nr Page 87 of 705 © 2009 Factiva, Inc. All rights reserved. Without vote, Assembly adopts text on consolidation of new, restored democracies; Begins debate on strengthening of UN humanitarian, disaster relief 13,720 words 28 November 2000 M2 Presswire MTPW English Copyright 2000 M2 Communications, Ltd. All Rights Reserved. By the terms of a resolution it adopted without a vote this morning, the General Assembly encouraged Member States to promote democratization and to make additional efforts to identify possible steps to support the efforts of governments to promote and consolidate new or restored democracies. The Assemblys adoption of that text concluded its consideration of support by the United Nations system for the efforts of governments to promote and consolidate new or restored democracies. The Assembly will invite the Secretary-General, Member States, the relevant specialized agencies, programmes, funds and other bodies of the United Nations system, as well as other intergovernmental organizations, to collaborate in the holding of the Fourth International Conference on New or Restored Democracies, to be held in Cotonou, Benin, from 4 to 6 December. Also this morning, the Assembly took up consideration of strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, including special economic assistance. Mexicos representative said that while humanitarian assistance was one of the noblest expressions of human solidarity, it was better to prevent than to remedy. Development was the best deterrent for conflicts, and, at the same time, the best defence against the ravages of natural disasters. Strengthening international cooperation for development, therefore, remained the highest priority. Humanitarian assistance was a complex task, requiring real and definite parameters, he said. It was essential in that regard that there be full respect for the sovereignty of States, and that action should always be taken at the request or with the consent of the recipient State. In recent years, there had been an increase in the impact of natural disasters in numbers, victims, and the scale of damage caused. That had forged a growing awareness of international solidarity, and pointed towards the need to move on Page 88 of 705 © 2009 Factiva, Inc. All rights reserved. from merely reacting to disasters to a comprehensive strategy of sustainable development and efforts to prevent and reduce natural disaster effects, such as early warning, emergency mitigation and reconstruction. The representative of Tajikistan, introducing a draft resolution on emergency international assistance for peace, normalcy and rehabilitation of Tajikistan, said more coordination in humanitarian assistance was needed. Humanitarian multilateral assistance should not compete with bilateral assistance. Both needed to be part of a single whole, and inter-agency appeals must be taken into account. The increase in the incidence of natural and other disasters had placed new demands on the international community, and one priority was effective use of the most advanced technologies for dealing with catastrophes. That could be facilitated by a comprehensive inventory of the available technologies on a national, international and regional level. With regard to sanctions, he said it was important to maintain neutrality, impartiality, a lack of political conditions and respect for sovereignty. Sanctions must be governed in accordance with international law and the law of the country that had suffered the disasters. There was a need for a humanitarian approach to sanctions, and they needed to be targeted. They should not be applied to foodstuffs, medicines or other emergency supplies. The representative of Canada said an effective reaction to crises which, over the last couple of years, had tested the Organizations ability, was of vital importance, and would impact the life-and-death situation of millions of people in need. Armed conflicts, floods, drought, earthquakes, among other calamities, were crises in which people frequently had their first contact with the United Nations. Regarding the protection of civilian victims of conflict, he said the Assembly needed to address the underlying causes of conflict and to help create conditions for sustainable peace and reconciliation. The Assembly could help through promoting humanitarian rights law, encouraging respect of international humanitarian law and principles, and ending impunity. Civilians were increasingly becoming targets in armed conflicts, and those providing protection and assistance to them were also likely to find themselves under attack. Humanitarian workers needed protection but also proper training, and they needed to be provided with enhanced United Nations security resources to ensure that assaults were investigated and prosecuted. Page 89 of 705 © 2009 Factiva, Inc. All rights reserved. The representatives of Bangladesh, Kazakhstan, Brazil, Venezuela, Norway, France (on behalf of the European Union and associated States), Pakistan, South Africa, Japan, Mongolia, Russian Federation and India also spoke. The representative of Poland spoke in explanation of vote. The Assembly will meet again at 3 p.m. to continue its debate. Assembly Work Programme The fifty-fifth regular session of the General Assembly met this morning to conclude its consideration of support by the United Nations system of the efforts of governments to promote and consolidate new or restored democracies, and to start consideration of strengthening of the coordination of humanitarian and disaster relief assistance of the United Nations, including special economic assistance. Support by United Nations System of Efforts of Governments To Promote and Consolidate New or Restored Democracies The General Assembly had before it a draft resolution (document A/55/L.32/Rev.1) sponsored by Andorra, Argentina, Armenia, Australia, Azerbaijan, Belgium, Benin, Bulgaria, Chile, Cyprus, Czech Republic, Ecuador, El Salvador, Finland, France, Germany, Greece, Guatemala, Hungary, Italy, Japan, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Mali, Malta, Monaco, Mongolia, Nicaragua, Norway, Paraguay, Philippines, Portugal, Republic of Korea, Republic of Moldova, Romania, San Marino, Senegal, Slovakia, Slovenia, Spain, Thailand, The former Yugoslav Republic of Macedonia, United States, Uruguay and Yemen, on support by the United Nations system of the efforts of governments to promote and consolidate new or restored democracies. By the terms of the draft, the General Assembly would invite the Secretary-General, Member States, the relevant specialized agencies, programmes, funds and other bodies of the United Nations system, as well as other intergovernmental organizations, to collaborate in the holding of the Fourth International Conference on New or Restored Democracies. By the same terms, the Assembly would stress that activities undertaken by the Organization must be in accordance with the Charter of the United Nations, and would encourage the Secretary-General to continue to improve the capacity of the Organization to respond effectively to the requests of Member States through coherent, adequate support of their efforts to achieve the goals of good governance and democratization. The Assembly would encourage Member States to promote democratization and to make additional efforts to identify possible steps to support the efforts of governments to promote and consolidate new or restored democracies. Page 90 of 705 © 2009 Factiva, Inc. All rights reserved. Strengthening of Coordination of Emergency Humanitarian Assistance of United Nations The General Assembly had before it a report of the Secretary-General (document A/55/82) on strengthening of the coordination of emergency humanitarian assistance of the United Nations. The report states that the past year has been marked by emergencies in which the predicted worst case scenario was far surpassed in terms of the number and scale of complex emergencies and natural disasters that once against wrought devastation in some of the poorest places on Earth. The report makes several recommendations and observations on coordinated response to natural disasters and complex emergencies, protection of civilians in armed conflict, the role of technology and coordinated response to crises of displacement. The report urges Member States to commit adequate resources to humanitarian operations through multilateral channels, encourages Member States to stimulate support for emergency response from private corporations, including by providing tax relief for such activities, and encourages United Nations agencies and departments to strengthen existing early warning, preventive and preparedness mechanisms and to engage the active participation of the United Nations country-teams in that respect. The report states that the General Assembly and the Economic and Social Council may wish to welcome Security Council resolution 1261 (1999) and the initiative to place child protection advisers in peace operations as a way of ensuring consistent attention to the protection of children through the peace consolidation process; to encourage partnerships among the governments of countries affected, humanitarian agencies and specialized companies to promote the use of technologies for humanitarian operations, including for the safety and security of humanitarian personnel; and to urge Member States to remove or suspend restrictions on the use of technology during sudden-onset emergencies. The General Assembly and the Economic and Social Council may also wish, according to the report, to reiterate that the primary responsibility for protection of and assistance to civilians in crises of internal displacement lies with the national authorities of the affected countries; to appeal to all governments and local authorities in countries affected by internal displacement to extend full cooperation and access to the agencies of the Inter-Agency Standing Committee in their efforts to bring help to the displaced; and to urge donors to ensure adequate financial support for international activities on behalf of the internally displaced, including activities for strengthening their protection, and for promoting self-sustainability and durable solutions. The General Assembly had before it a report of the Secretary-General on safety and security of United Nations personnel (document A/55/494), which was submitted pursuant to resolutions 54/192 of 17 December 1999 and 54/429 of 23 December 1999. The report contains an outline of the threats against United Nations personnel, a comprehensive description of the existing security management structure Page 91 of 705 © 2009 Factiva, Inc. All rights reserved. and proposals to enhance the safety and security of staff. It is prepared in consultation with the members of the Administrative Committee on Coordination and covers the period from 1 July 1999 to 30 June 2000. According to the report, the current security management is designed to meet the operational requirements of the United States system which existed 20 years ago, with the result that, from 1 January 1992 to 18 September 2000, 198 staff members were killed and some 240 have been taken hostage or kidnapped since 1 January 1994. The Secretary-General points out that United Nations personnel have had to work in difficult and dangerous situations and have increasingly become victims of the environments in which they operate. The purpose of the United Nations security system is to protect the protectors, but regrettably, it is currently not able to adequately fulfil its responsibilities despite the best efforts and dedication of all those involved. Both the General Assembly and the Security Council have focused attention on the issue of the security of staff. The Assembly reiterated that the primary responsibility under international law for the protection of United Nations personnel lay with host governments, and urged all parties involved in armed conflict to ensure the security of humanitarian personnel. For its part, the Council had held an open debate on the protection of staff on 9 February, in which the Deputy Secretary-General outlined efforts to improve the security management system while at the same time calling on Member States to provide the necessary support. The report discusses the many threats to United Nations system personnel, including negative statements by senior officials, sometimes inciting people to violence against staff members. Kidnapping and hostage-taking incidents were reported, as well as occupying United Nations system offices; for example, in Afghanistan, the offices of the United Nations High Commissioner for Refugees (UNHCR) were stormed by mobs eight times during a one-week period as a result of a protest against the Organization. Criminality and the presence of mines were other threats that staff members faced. The Secretary-General said, to date only 3 of the 177 cases involving the violent death of United Nations system personnel have been brought to justice. While the Secretary-General, as Chief Executive Officer of the Organization, is responsible for ensuring the protection of staff members and their dependants, he depends upon the Office of the United Nations Security Coordinator for all policy and procedural matters related to security. The Office, which was created in 1988, consists of nine Professional and four General Service staff members, who are expected to coordinate security at 150 duty States. The current level of staff is clearly inadequate to meet the minimum requirements for the large number of staff assigned. Moreover, the operating budget for the Office of the Security Coordinator totals $650,880. In 1998, a trust for the security of staff members of the United Nations system was established; since 1 August, contributions had been received from the Governments of Finland ($102,000), Japan ($1 million), Monaco ($8,500) and Norway ($100,000). Page 92 of 705 © 2009 Factiva, Inc. All rights reserved. In the view of the Secretary-General, the existing system, which relies on unpredictable and piecemeal funding and outdated, cumbersome and complex procedures, is not suited for the difficult and dangerous situations in which United Nations personnel are obliged to work. The report calls for proposals to strengthen the Office of the United Nations Security Coordinator at Headquarters for the biennium 20022003, including 18 Professional staff members and appropriate support staff as well as increasing the number of field security officer positions from 60 to 100. The Secretary-Generals estimation of the total cost of these proposals is approximately $30 million per year. Before the Assembly was a resolution on international cooperation on humanitarian assistance in the field of natural disasters from relief to development (document A/55/L.38), sponsored by China, Mexico and Nigeria. By the terms of the draft resolution, the Assembly would stress that humanitarian assistance for natural disasters should be provided in accordance with and with due respect for the guiding principles contained in the annex to resolution 46/182, and should be determined on the basis of the human dimension and needs arising out of particular natural disasters. It would also stress the importance of strengthening international cooperation in the provision of humanitarian assistance for all phases from relief to development, including through the provision of adequate resources. The Assembly would invite Member States to consider developing a framework for international humanitarian assistance in the wake of natural disasters, outlining the responsibilities of countries receiving and providing support. Further to the draft resolution, the Assembly would stress the need for partnership among governments of the affected countries, relevant humanitarian organizations and specialized companies to promote the transfer and use of technologies to strengthen preparedness and response to natural disasters, and calls for the transfer of required technologies to developing countries on concessional and preferential terms. The Assembly would also encourage governments in natural disaster-prone countries to establish, with the support of the donor community, national spatial information infrastructure relating to natural disaster preparedness, response and mitigation, including the necessary training of personnel. Further to the draft resolution, the Assembly would also request the Secretary-General to prepare recommendations on how to improve the United Nations potential to mitigate natural disasters, including through the development of an inventory of existing capacities at the national, regional and international levels. Page 93 of 705 © 2009 Factiva, Inc. All rights reserved. The Secretary-General would also be requested to continue to consider innovative mechanisms to improve the international response to natural disasters, through addressing any geographical and sectoral imbalances in such a response where they exist, as well as a more effective use of national emergency response agencies, taking into account their comparative advantages and specializations, as well as existing arrangements. Special Economic Assistance to Individual Countries or Regions The General Assembly had before it a report of the Secretary-General (document A/55/90) on assistance for the rehabilitation and reconstruction of Liberia. After the inauguration of the elected Government of Liberia, headed by Charles G. Taylor, the Government launched the National Reconstruction Programme to address critical needs arising from the conflict and to lay the foundations for sustainable long-term goals. The Programme identified the governments priority areas as the consolidation of peace and democracy, resettlement, reintegration and active participation of the people, and rebuilding the physical, social and institutional infrastructure that had been virtually destroyed during the conflict. The report focuses on the specific actions taken in the field of governance, security and the rule of law; macro-economic performance; humanitarian assistance, resettlement, repatriation and reintegration; health; education; community revival and restoration; food security; gender concerns and major challenges facing the country. The report states that there is a dire need for greater recognition of the post-conflict challenges facing Liberia and the subregion, within the international community in general and among the major donors in particular. The report recommends that the General Assembly reaffirm its resolution 53/1, expressing gratitude to the Economic Community of West African States (ECOWAS), the major donor countries, and the Bretton Woods institutions for their continuing efforts towards building sustainable peace in the subregion and calling for further support for rehabilitation and reconstruction effort in Liberia, while reaffirming its support for the United Nations system collaboration and dialogue with the Government of Liberia in the fields of human rights, national reconciliation, peace-building, and the strengthening of the rule of law. The report of the Secretary-General (document A/55/92) on emergency economic assistance to the Comoros states that 46 per cent of households, or around 50.6 per cent of the population of the Comoros, one of the group of least developed countries, is living below the poverty line. Whereas, in light of the growing population, the State should be expanding the educational infrastructure and taking steps to create jobs, in fact, it has been forced for almost 10 years to pursue a policy of curbing budgetary spending and cutting public sector staff. The social sector has been particularly hard hit. Since 1997, according to the report, the Comoros has been torn by a separatist crisis, which was Page 94 of 705 © 2009 Factiva, Inc. All rights reserved. coupled with a political crisis following the military coup d'etat on 30 April 1999. This has prompted most of the countrys development partners to withdraw or to adopt a wait-and-see attitude. The country also missed the opportunity to hold a donors' round table. The political context has been marked by institutional instability and has not facilitated the introduction of a suitable framework for consultation to mobilize donors and maintain assistance. The report suggests that resolution 53/1 F of 16 November 1998, concerning special emergency economic assistance to the Comoros, be referred to the Economic and Social Council with a view to initiating a reconstruction and rehabilitation programme so as to lay the groundwork for national economic recovery on a sound basis. This is a prerequisite for the establishment of lasting peace and harmony and reconciliation among the islands. The report of the Secretary-General (document A/55/123-E/2000/89) on assistance to Mozambique following the devastating flood states that the floods in February and March in southern Mozambique triggered a massive outpouring of international support. The emergency hit a country which is among the 10 poorest of the world and affected 12.1 per cent of the population. According to the report, Mozambique already had a disaster management system into which the United Nations system could feed, but the disaster was of a magnitude far beyond anything with which the Government could reasonably have expected to cope. The United Nations system showed it could mobilize support quickly and yet was able to work with and through the Government. Lessons learned will provide the Government and the United Nations valuable information for better preparedness, response and improved coordination mechanisms in the future. The unusually strong Government/United Nations partnership will be embraced in future initiatives. The General Assembly also had before it a report from the Secretary- General (document A/55/124) on assistance to Madagascar following the tropical cyclones. Tropical Cyclone Elaine and Tropical Storm Gloria struck Madagascar within three weeks in February, followed by the very severe Tropical Cyclone Hudah. The successive onslaught of these three cataclysms caused significant damage to the agricultural, health, educational and public infrastructures, as well as loss of human life. The report focuses on the impact of the three disasters, the impact on economic conditions and food security in the affected areas, impact on availability of basic social services, structural constraints and difficulties facing intervention in the affected regions; the response by agencies of the United Nations system, the Government and donors; and the prospects for rapid and durable reconstruction. The Secretary-General's report (document A/55/125-E/200091) on international assistance for the Page 95 of 705 © 2009 Factiva, Inc. All rights reserved. rehabilitation and reconstruction of Nicaragua: aftermath of the war and natural disaster, states that at the Consultative Group for Nicaragua meeting held in Washington, D.C. on 23 and 24 May, the sound economic performance of Nicaragua during the biennium 1998-99, with economic growth and decreasing inflation, was emphasized. There was a general agreement that combating poverty is the most important development goal for the Country. The floods and mudslides of Hurricane Mitch (October 1998) killed over 3,000 Nicaraguans and affected nearly 20 per cent of the nation's population. The report's chapter on consolidation of democracy covers human rights, solution of property conflicts, and strengthening of the rule of law. A chapter on demobilization, reintegration and reconstruction of municipalities focuses on landmines, productive reintegration of ex-combatants, and reintegration of Nicaraguans in exile. Regarding natural disaster prevention and management, the report states that although Nicaragua is frequently affected by natural disasters, it lacks a permanent disaster prevention and handling system. With the passing in April of a modern, decentralized, participatory and realistic law, Nicaragua became the first Central American nation to move towards an integrated disaster prevention and response system. The report also covers decentralization and local development, population, women's rights and sexual and reproductive health, and environmental management. The Assembly had a report by the Secretary-General on international cooperation and coordination for the human and ecological rehabilitation and economic development of the Semipalatinsk region of Kazakhstan (document A/55/212). The report consists of information on the institutional framework for the Semipalatinsk Relief and Rehabilitation Programme, the Tokyo International Conference on Semipalatinsk and donor assistance to the health, humanitarian, economic and environmental sectors of the Semipalatinsk region. The Tokyo International Conference on Semipalatinsk had the following objectives: to raise the awareness of the international community; to appeal to the international community for further assistance to meet the urgent needs; to consider possible cooperation and coordination of the international community and to exchange technical knowledge and experience in the areas of health, ecology, economic rehabilitation and humanitarian support and to inform participants of the institutional arrangements of Kazakhstan to manage, coordinate and account for international assistance. The Conference conveyed three important messages aimed at improving the effectiveness of the health and medical care provided to the population of the Semipalatinsk region. First, there was a need to improve the scientific evidence to be used as a basis for determining priorities and taking action. Page 96 of 705 © 2009 Factiva, Inc. All rights reserved. Second, there was a need for transparency and accountability, including an improved communication strategy and involvement with the public, as well as better coordination of all national and international participants in the action. And finally, the handling of the health-related consequences of people affected by nuclear testing should be seen as part of the broader public health strategy and reforms in Kazakhstan and should be balanced with other health needs in the region, including mother and child health, reproductive, environmental and mental health, and communicable disease prevention. The report states that, during the last two years, the international donor community has given considerable attention and delivered humanitarian and development assistance to the affected populations of the Semipalatinsk region. However, because of the longer-term effects of radiation, as well as the consequences of nuclear explosions, the population remains exceptionally vulnerable and is not in a position to meet the economic, social and ecological challenges of the ongoing transition process. The report stresses the importance of addressing the compelling needs of the affected population, prioritized in the Semipalatinsk Relief and Rehabilitation Programme of the Government of Kazakhstan and emphasized by the participants at the Tokyo International Conference on Semipalatinsk. The initiatives of the government, complemented by the support of the international donor community, can help to improve the situation of the affected population. There was also a report of the Secretary-General (document A/55/317) on assistance to Mozambique. The report states that the dramatic economic and political recovery of Mozambique after the end of the 16-year civil conflict continued in 1999. For Mozambique, 1999 was the year in which it laid the foundation for a take-off that, in the absence of unforeseen shocks, should eventually remove it from the group of the poorest countries in the world. On the political front, the second successful multiparty election confirmed that Mozambique is on the path to parliamentary democracy. Results of both the first-ever national poverty assessment and the first postwar census were published in 1999, with both making clear the depth of the problems to be faced in the development of a comprehensive poverty programme. Mozambique remains one of the 10 poorest countries in the world, where 69 per cent of all Mozambicans live in absolute poverty. The recovery of Mozambique from such devastation in the relatively short time of seven years is considered remarkable, but the countrys economy remains extremely fragile. However, the post-war reconstruction has still not been completed. The report contains information on the political context, including multiparty elections, political development, land law and peasant rights. The report also provides information on the economic context, including privatization and investment, macroeconomic trends and action to reduce poverty. Page 97 of 705 © 2009 Factiva, Inc. All rights reserved. There is a section on HIV/AIDS and an overview of United Nations initiatives. The report also consists of an update on initiatives, including three strategic objectives. These objectives include the increase of access to, and quality of, basic social services and employment; the fostering of an enabling environment for sustainable human development; and a culture of peace and the promotion of sustainable management of natural resources. There was also a report by the Secretary-General (document A/55/319) on special assistance for the economic recovery and reconstruction of the Democratic Republic of the Congo. The present report describes the financial and material assistance provided by the United Nations system to the Democratic Republic of the Congo in its economic recovery and reconstruction process. The country is the third largest in Africa, bordering with nine other countries. For more than four years, the country has been experiencing a major crisis due to a succession of wars. The latest war, which continues even today, interrupted the process of democratization which had begun to show signs of reviving as a result of the change of political regime in May 1997. The protagonists in this war are the country's neighbours in the east -- Burundi, Rwanda and Uganda -- in a loose alliance with rebels now divided into three different and rival factions, and the Congolese Government supported, at its request, by Angola, Namibia and Zimbabwe. At the initiative of the Organization of African Unity (OAU), a ceasefire agreement was signed in Lusaka on July 10 1999. Unfortunately, little headway has been made with implementation of the above-mentioned agreement due, on the one hand, to the various difficulties created by the belligerents and between allies -- the most blatant being the confrontation that occurred between Ugandan and Rwandan troops in Kisangani from 5 to 10 June 2000 -- and on the other hand, to the rejection by the Government of the Democratic Republic of the Congo of the facilitator designated for the inter-Congolese dialogue. The current armed conflict, which extends over more than half the national territory, has thwarted most of the efforts to stabilize and revive the national economy, reversed the nation's reconstruction priorities and blocked all attempts by the new government to restore structured international cooperation. The report focuses on the level of production, including the inflation and exchange rate, the monetary situation, external debt and official development assistance, and the social and humanitarian situation. The report also provides information about the economic measures and the situation and challenges relating to governance. Furthermore, the report focuses on the situation and challenges of sustainable economic and human development, and the cooperation between the Democratic Republic of the Congo Page 98 of 705 © 2009 Factiva, Inc. All rights reserved. and the United Nations. The report concludes that the determination of the United Nations to ensure the rapid departure of foreign armed forces from the territory of the Democratic Republic of the Congo was a great source of hope for the return to a situation of lasting peace. In order to overcome the impending crisis, substantial assistance from the international community will have to accompany the country's reconstruction efforts, consistent with the priority themes outlined in the previous report. Once again, they were: peace, security and reconciliation; preparing a stabilization, reconstruction and recovery strategy; and the resumption of structural cooperation. The General Assembly had before it a report of the Secretary-General (document A/55/333) on emergency assistance to countries affected by Hurricanes Jose and Lenny. In October and November 1999, several small island developing States and territories of the eastern Caribbean were struck by Hurricanes Jose and Lenny. International, regional and national response efforts were mobilized in support of the affected countries, many of which suffered extensive damage. The report provides an account of the extent of the damages and destruction caused by the hurricanes, the response of the international community and that of the governments of the countries affected, as well as the assessment of efforts by the governments of the Caribbean region as a whole to deal with such occurrences. The Assembly had before it a report of the Secretary-General (A/55/347) on emergency international assistance for peace, normalcy and rehabilitation in Tajikistan. The report was submitted pursuant to paragraph 11 of General Assembly resolution 54/96 of 8 December 1999 and covers the period from 1 July 1999 to 30 June 2000. The main provisions of the General Agreement on the Establishment of Peace and National Accord in Tajikistan have been implemented, and the transition period ended with the first multiparty parliamentary election and the first session of the professional parliament, which was held earlier this year. The United Nations Mission of Observers in Tajikistan (UNMOT) should be regarded as a successful peacekeeping operation. Tajikistan had now entered a new phase of post-conflict peace-building. This process is still affected, however, by problems such as organized crime, drug trafficking, the need to promote and protect human rights, unresolved refugee problems and the situation in neighbouring Afghanistan. The extreme poverty faced by 80 per cent of the population renders the achievements of the peace process extremely vulnerable. The report stresses that Tajikistan needs to receive more than exclusively humanitarian aid. Sustained economic growth is the key to maintaining peace and stability in Tajikistan, and the programme of Page 99 of 705 © 2009 Factiva, Inc. All rights reserved. economic and social recovery requires urgent international development assistance. The United Nations Tajikistan Office for Peace-building was established in June 2000 for an initial period of one year to pursue the objectives of post-conflict peace-building. It will help mobilize international support for the implementation of programmes aimed at strengthening the rule of law, the promotion and protection of human rights, demobilization, voluntary arms collection and employment creation for irregular fighters. Furthermore, the disintegration of the former Soviet Union and the civil war seriously affected the economic viability of the newly independent Tajikistan. The delivery of basic social services has deteriorated and living standards have continued to decline. As a result, Tajikistans economy requires urgent support. Part IV of the report refers to humanitarian operations and contains sections on security developments affecting humanitarian relief efforts, activities of non-governmental organizations (NGOs), relief food assistance, agriculture support, refugee repatriation and support, health and nutrition, water and sanitation, education, child protection, rehabilitation and development, and drug control and abuse. The report contains further sections on international assistance and concluding observations. A report of the Secretary-General on humanitarian assistance to the Federal Republic of Yugoslavia (document A/55/416) covers developments from 1 July 1999 until 30 June 2000. The Federal Republic of Yugoslavia consists of the Republics of Serbia (including Central Serbia, Kosovo and Vojvodina) and Montenegro. According to the report, the Federal Republic of Yugoslavia hosts the largest refugee population in Europe, with over 500,000 from Bosnia and Herzegovina and Croatia. Since June 1999, there has been an additional influx of displaced persons, mainly Serbs and Roma, from Kosovo to the rest of Serbia and Montenegro. In 1999, the Federal Republic of Yugoslavia showed a sharp economic decline, exacerbated by infrastructural damage during the North Atlantic Treaty Organization (NATO) campaign and economic sanctions. The gross domestic product (GDP) dropped by 32 per cent in 1998-1999. The social services capacity in the Republic significantly decreased, and the educational system is also rapidly declining. The social welfare system is facing serious problems. With the trade restrictions imposed on Montenegro in early 2000, the relationship between Serbia and Montenegro continued to deteriorate. In Kosovo, the stability of the social situation differs markedly by region. The scope and quality of social services is gradually improving. The industrial and manufacturing sectors of the province, which accounted for about one third of pre-crisis GDP, were heavily damaged during the air strikes. Prospects for their rehabilitation are in doubt. Page 100 of 705 © 2009 Factiva, Inc. All rights reserved. The human rights crisis within the Federal Republic of Yugoslavia has deepened as political tensions escalate. The majority of the population is now considered to be vulnerable to violations of their basic human rights. Trafficking of persons has increased the number of persons who remain unaccounted for as a result of the regional crisis. The report describes assistance provided by the United Nations and its partners in the area of coordination arrangements, winterization efforts, food aid, shelter, health, water and sanitation, education and child welfare, agriculture, promotion of durable solutions, environmental damage, mine action and human rights. It also describes assistance provided by Member States. The report concludes that the Federal Republic of Yugoslavia is expected to face significant humanitarian challenges for the foreseeable future. For Serbia, the immediate future is likely to be characterized by continued deterioration of its economy. In Montenegro, it is unlikely that the government will be able to take over the responsibility for all humanitarian caseloads in the near future. International support will continue to be needed for delivery of assistance, protection, advocacy and assessment of needs, so that the humanitarian requirements of both the displaced and social cases can be consistently addressed. The provision of humanitarian assistance in the Federal Republic of Yugoslavia should be based on the needs of the most vulnerable groups, without political conditionality. Among the report's conclusions is the observation that the international community has scored impressive achievements in Kosovo. As the United Nations Interim Administration in Kosovo (UNMIK) takes over basic public services, the remaining assistance programmes of international humanitarian agencies are expected to focus on protection and the provision of goods and services to minority populations. The goal of promoting tolerance and peaceful coexistence among ethnic groups has so far proven elusive. The return of all displaced persons must remain a top priority. At the same time, it must be recognized that it may take many years to overcome the bitter resentment and mistrust engendered by recent events in Kosovo. This will require a sustained and determined effort by all concerned, not least by the people of Kosovo themselves. Finally, the United Nations remains deeply concerned about the humanitarian situation throughout the Federal Republic of Yugoslavia. Until the underlying political and economic problems can be resolved, the Organization will continue its efforts to address the urgent needs of the affected populations. The Assembly had a report of the Secretary-General on humanitarian relief, rehabilitation and development for East Timor (document A/55/418), covering developments immediately prior and subsequent to the passing of Security Council resolution 1272 (1999) of 25 October 1999, establishing the United Nations Transitional Administration in East Timor (UNTAET) with three components: Page 101 of 705 © 2009 Factiva, Inc. All rights reserved. governance and public administration; humanitarian assistance and emergency rehabilitation; and military. On 8 November 1999, Sergio Vieira de Mello was appointed as the Secretary-Generals Special Representative in East Timor and Transitional Administrator. According to the report, the outbreak of violence in the aftermath of the Popular Consultation of 30 August 1999 resulted in widespread destruction and the internal and external displacement of 75 per cent of the population. The establishment of the multinational peacekeeping force (INTERFET) resulted in the restoration of a secure working environment. In order to address emergency needs, the humanitarian community agreed upon a series of common guidelines for priority intervention, which served as the basis for activities of more than 200 humanitarian actors. Priorities were, among other things: to assist refugees return from West Timor; to ensure food security; and to facilitate community development and economic recovery through emergency repairs to infrastructure. The guiding principles also provided for the transfer of sectoral coordination responsibilities to UNTAET, now complete. The report reviews major humanitarian developments and describes sector requirements and assistance provided by the United Nations and its partners such as food security, health, education, repatriation of refugees, cooperation between civilian partners and the military, coordination, and community development, economic recovery and rehabilitation. The report concludes that the difficulties presented by the massive displacement and widespread destruction have been overcome, in large part, owing to the rapid and generous response of donors. The humanitarian community was able to provide the necessary assistance at an early enough stage to prevent the deterioration of the physical condition of the population. Those factors, along with the resilience and determination of the East Timorese people, have militated against the creation of a dependency cycle and have contributed to the maintenance of human dignity among the East Timorese. Also important for the transition from relief to development has been an acknowledgement by all humanitarian partners that the focus must be on rehabilitation and development issues. The report states that the continuing engagement of the international community will be required for the foreseeable future in all sectors in order to ensure that the programmes continue to benefit the people of East Timor and pave the way to self-reliance and sustainable development. Before the Assembly was also a report by the Secretary-General on economic assistance to the Eastern European States affected by the developments in the Balkans (document A/55/620). In its resolution 54/96 G of 15 December 1999, the Assembly expressed concern at the special economic problems confronting the Eastern European States, in particular, the impact of developments in the Balkans on their Page 102 of 705 © 2009 Factiva, Inc. All rights reserved. regional trade and economic relations, and on navigation along the Danube and on the Adriatic Sea. The Assembly stressed the importance of implementation of the Stability Pact for South-Eastern Europe. Describing responses from States, the United Nations system and the affected States, the report concludes that economic assistance has been carried out against the background of numerous political and economic complexities. Apart from the adverse effects of military conflicts, economic sanctions and other disruptions during the transition period following the disintegration of the former Socialist Federal Republic of Yugoslavia, the Kosovo crisis produced a devastating impact on the fragile economies of South-Eastern Europe and beyond. The report notes that, with broad-based international support, the affected countries have embarked on a difficult path towards economic and social reform and recovery, including special efforts to fully overcome the consequences of the Kosovo crisis. The democratic changes in Yugoslavia have paved the way for the cessation of the country's international isolation and the resumption of regional cooperation. However, ensuring a lasting stability and sustainable development of South-eastern Europe is a long-term and difficult process, requiring continued and concerted efforts of the countries of the region and the international development actors. At the regional level, particular attention has to be paid to such fields as infrastructure reconstruction, including the resumption of navigation on the Danube, private sector development, trade integration, investment promotion and institutional capacity-building. The relevant components of the United Nations system continue to implement substantial programmes of financial and technical assistance in the affected countries. For Kosovo, a series of emergency measures and activities has been carried out to address the regional consequences of the Kosovo crisis, as a result of economic and social constraints caused by large numbers of refugees and displaced persons, as well as disruptions in trade, transport and foreign investment in the neighbouring and other affected countries. The report states that, within the evolving regional priorities, continued donor support, participation of regional development and investment banks and private-sector involvement would be essential for developing cross-border cooperation, upgrading infrastructure and promoting trade and investment in the Balkans as an integral part of Europe. The neighbouring and other affected countries should be encouraged to participate more actively in international cooperation and support for reconstruction, recovery and development efforts in the region. The report concludes that the implementation process of the Stability Pact for South-Eastern Europe, especially the activities of its Working Table on Economic Reconstruction, Cooperation and Development, provides an essential mechanism for promoting structural reforms, sustainable development, intraregional economic cooperation and integration of South-Eastern Europe into the European mainstream as an Page 103 of 705 © 2009 Factiva, Inc. All rights reserved. important contribution to peace, stability and prosperity in the Balkan region and beyond. Before the Assembly was a resolution (document A/55/L.16) on international cooperation and coordination for the human and ecological rehabilitation and economic development of the Semipalatinsk region, sponsored by Afghanistan, Algeria, Argentina, Armenia, Austria, Azerbaijan, Bangladesh, Belarus, Belgium, Brazil, Chile, Costa Rica, Croatia, Cuba, Czech Republic, Denmark, Dominican Republic, Egypt, Finland, France, Gabon, Georgia, Germany, Greece, Hungary, India, Iran, Ireland, Italy, Japan, Jordan, Kazakhstan, Kyrgyzstan, Lao People's Democratic Republic, Liechtenstein, Luxembourg, Mexico, Mongolia, Nicaragua, Norway, Pakistan, Panama, Peru, Philippines, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Slovenia, Spain, Sweden, Tajikistan, The former Yugoslav Republic of Macedonia, Turkey, Turkmenistan, Ukraine, United Arab Emirates, United Kingdom and Uzbekistan. By the terms of the draft resolution, the Assembly would stress the need for continuing international attention and extra efforts in solving problems with regard to the Semipalatinsk region and its population. The Assembly would also urge the international community to provide assistance in the formulation and implementation of special programmes and projects of treatment and care for the affected population in the Semipalatinsk region. By the terms of the draft resolution, the Assembly would also invite all States, relevant multilateral financial organizations and other entities of the international community, including NGOs, to share their knowledge and experience in order to contribute to the human and ecological rehabilitation and economic development of the Semipalatinsk region, and would invite, in particular, donor States, relevant organs and organizations of the United Nations system, including the funds and programmes, to participate in the rehabilitation of the Semipalatinsk region. The Assembly would also invite the Secretary-General to pursue a consultative process, with the participation of interested States and relevant United Nations agencies, on modalities for mobilizing the necessary support to seek appropriate solutions to the problems and needs of the Semipalatinsk region. Further to the draft resolution, the Assembly would call upon the Secretary-General to continue his efforts to enhance world public awareness of the problems and needs of the Semipalatinsk region. The Assembly also had before it a draft resolution (document A/55/L.35) on emergency assistance to Belize, sponsored by Antigua and Barbuda, Bahamas, Barbados, Belize, Grenada, Guyana, Jamaica, Saint Lucia and Trinidad and Tobago. By the draft, the General Assembly would urge Member States, as a matter of urgency, to contribute to Page 104 of 705 © 2009 Factiva, Inc. All rights reserved. the relief, rehabilitation and reconstruction efforts of Belize in the wake of Hurricane Keith. Further to the draft, the Assembly would request the Secretary-General, in collaboration with the international financial institutions, bodies and agencies of the United Nations system, to assist the Government of Belize in identifying medium- and long-term needs and in mobilizing resources, as well as to help with the efforts of rehabilitation and reconstruction of the affected areas of Belize. The General Assembly had before it a draft resolution (document A/55/L.36) on special assistance for the economic recovery and reconstruction of the Democratic Republic of the Congo, sponsored by the Democratic Republic of the Congo, India and Mauritania. By the draft, the General Assembly would urge all parties concerned in the region to cease all military activity in the Democratic Republic of the Congo which breaches the ceasefire provided for in the Lusaka Ceasefire Agreement and the Kampala disengagement plan. It would urge them to fully implement those agreements and create the conditions necessary for the speedy and peaceful resolution of the crisis, and urge all parties to engage in a process of political dialogue and negotiation. Further to the draft, the Assembly would renew its invitation to the Government of the Democratic Republic of the Congo to cooperate with the United Nations, the specialized agencies and other organizations in addressing the need for rehabilitation and reconstruction, and stress the need for the Government to assist and protect the civilian population, including refugees and internally displaced persons, regardless of their origin. The Assembly would urge all parties to respect the provisions of international humanitarian law, and to ensure the safe and unhindered access of humanitarian personnel to all affected populations throughout the territory of the Democratic Republic of the Congo and the safety of such personnel. The General Assembly would request the Secretary-General to consult urgently with regional leaders in coordination with the Secretary-General of the OAU about ways to bring about a peaceful and durable solution to the conflict and to convene, when appropriate, an international conference on peace, security and development in Central Africa and the Great Lakes region. Further to the draft, the Assembly would urge the Secretary-General to keep under review the economic situation in the Democratic Republic of the Congo, with a view to promoting participation in and support for a programme of financial and material assistance to enable the Democratic Republic of the Congo to meet its urgent needs for recovery and reconstruction. The Assembly also had a draft resolution on emergency international assistance for peace, normalcy and rehabilitation of Tajikistan (document A/55/L.41), sponsored by Afghanistan, Armenia, Austria, Page 105 of 705 © 2009 Factiva, Inc. All rights reserved. Azerbaijan, Belarus, Belgium, Brazil, Bulgaria, Canada, China, Cyprus, Czech Republic, Denmark, Egypt, Finland, France, Georgia, Germany, Greece, Iran, Ireland, Italy, Kazakhstan, Kyrgyzstan, Luxembourg, Malta, Netherlands, Norway, Portugal, Republic of Moldova, Romania, Russian Federation, Spain, Sweden, Tajikistan, Turkey, Turkmenistan, Ukraine, United Kingdom, United States and Uzbekistan. By the terms of the draft, the Assembly would stress that Tajikistan has entered a new phase of postconflict peace-building, which requires continued international economic assistance. It would encourage Member States and others concerned to continue assistance to alleviate the urgent humanitarian needs and to offer support for the post-conflict rehabilitation and reconstruction of Tajikistan's economy. Further to the draft, the Assembly would call upon the Secretary-General to re-evaluate in 2001 all humanitarian assistance activities in Tajikistan with a view to addressing longer-term developmental issues, and would stress the need to ensure the security and freedom of movement of humanitarian personnel, and of United Nations and associated personnel, as well as the safety and security of their premises, equipment and supplies. By the draft, the Assembly would request the Secretary-General to give special attention, in the dialogue with the multilateral lending institutions, to the humanitarian implications of their adjustment programmes in Tajikistan. Assistance to Palestinian People The Secretary-General's report (document A/55/137-E/2000/95) on assistance to the Palestinian People covers the period from May 1999 to May 2000, and provides an analysis of the current status of development and of development assistance in the occupied Palestinian territory. In September 1999, the Secretary-General reconfigured the mandate of the United Nations Special Coordinator in the Occupied Territories, whose title was changed to United Nations Special Coordinator for the Middle East Peace Process and Personal Representative of the Secretary-General to the Palestine Liberation Organization (PLO) and the Palestinian Authority. The report states that throughout the period under review, the Special Coordinator has maintained his efforts to fulfil the mandate of his office, including ensuring better coordination between the relevant institutions of the Palestinian Authority and United Nations agencies, as well as the donor community, and monitoring and documenting economic and social conditions in the occupied Palestinian territory. According to the report, progress has continued to be made in meeting some of the urgent and most significant priorities that confront the Palestinian authority and people. Additional support is necessary to address basic human needs and to improve the physical environment and infrastructure. The planning Page 106 of 705 © 2009 Factiva, Inc. All rights reserved. processes and plans of the Palestinian Authority have become more effective in the past three years, and this has brought greater clarity on the unmet needs. United Nations agencies, the Bretton Woods institutions and other funds and programmes are making important contributions, in a responsive and innovative way, to the socio-economic development priorities. The report states that there is concern about the declining trend of both new commitments and disbursements for development cooperation, in spite of the present special needs and the challenges that lie ahead. The Palestinian institutions and the Palestinian Development Plan serve as a reasonable framework for further international assistance and a sound basis for ongoing dialogue to guide future development collaboration. The circumstances, assumptions and exigencies which affect the occupied Palestinian territory and people will continue to evolve in the coming period. Support by United Nations System of Efforts of Governments To Promote and Consolidate New or Restored Democracies ANWARUL KARIM CHOWDHURY (Bangladesh) said the item before the Assembly articulated the aspirations and objectives of new and restored democracies. The first three International Conferences on New or Restored Democracies had established the foundations on which democratic institutions could be consolidated. He said that, in the present international scenario, it was only democratization which could help States to effectively address many challenges of todays world. Democracy and development were inseparable. The developing countries depended on international support. The United Nations could play a proactive role in advancing the process through innovative and wide-ranging programmes. Strengthening of democracies should be a key objective of activities of the United Nations system. It would be useful if the Secretary- General brought out a compendium of pronouncements on democracy in all major intergovernmental decisions of the United Nations. Enhancing the democracy process had been a rewarding experience in his country, he said. His country had embarked on a comprehensive programme of reform and deregulations. The commitment to democracy and rule of law had prompted it to accord priority to human rights. Social development had remained the main focus of development strategy. Rights of women and children had been focused upon. The role of civil society in development and democratization efforts, particularly in the social sector, had been very extensive. He recommended that the world body improve the capacity of the Organization to respond effectively to requests of Member States for support to their democratization efforts, but recognized the responsibility of the respective countries in ensuring peace, justice, equality, human rights, individual freedom, rule of law, Page 107 of 705 © 2009 Factiva, Inc. All rights reserved. pluralism, development and better standards of living. Action on draft resolution A/55/L.32/Rev.1 The Assembly was informed that Ireland had become a co-sponsor of the resolution. The Assembly then adopted the draft resolution on the issue without a vote. JANUSZ STANCZYK (Poland), responding to the previous speaker on behalf of the Convening Group of the Community of Democracies, said that the Convening Group noted with satisfaction that this resolution had been adopted by consensus, and thus the entire membership of the United Nations had spoken resolutely with one voice on the issue of democracy. This was of utmost importance, not only for the States on whose behalf he spoke but for the international community at large. He said that on 4 December in Cotonou, Benin, the Fourth International Conference of New or Restored Democracies would open its deliberations. The Convening Group of the Communities of Democracies strongly appealed to all Member States to be represented at the Conference at the highest possible level, and that they participate actively in it. The Convening Group underlined its strong interest in promoting democracy and democratization in the world. He deeply believed that the Groups strong approach and determination would stimulate and facilitate efforts of other governments, as well as international organizations, to intensify their national and international action to strengthen the rule of law, further develop and enhance democratic institutions and mechanisms, and strongly stand by democratic ideals. Emergency International Assistance for Tajikistan RASHID ALIMOV (Tajikistan), introducing the draft resolution on emergency international assistance for peace, normalcy and rehabilitation of Tajikistan, said his country attached great importance to United Nations work in extending humanitarian assistance, which was making an important contribution to overcoming the consequences of natural, man-made and other disasters. With regard to sanctions, he said that it was important to maintain neutrality, impartiality, a lack of political conditions and the respect for sovereignty. Sanctions must be governed in accordance with international law and the law of the country that had suffered the disasters. There was a need for a humanitarian approach to sanctions, and they needed to be targeted. They should not be applied to foodstuffs, medicines or other emergency supplies. Page 108 of 705 © 2009 Factiva, Inc. All rights reserved. It was important to continue work on rendering sanctions regimes more humanitarian. More coordination in humanitarian assistance was needed, he continued. Humanitarian multilateral assistance should not compete with bilateral assistance. They needed to be part of a single whole, and account must be taken of inter-agency appeals. His country was concerned with the low level of coverage of financial needs in response to inter-agency appeals of 2000. The increase in the incidence of natural and other disasters had placed new demands on the international community, and one priority was effective use of the most advanced technologies for dealing with catastrophes. That could be facilitated by a comprehensive inventory of the available technologies on a national, international and regional level. He informed the Assembly that, since the release of the draft resolution, the following countries had added their names to the list of co-sponsors: Bangladesh, Japan and India. International Cooperation for Rehabilitation, Economic Development of Semipalatinsk Region of Kazakhstan MADINA B. JARBUSSYNOVA (Kazakhstan), introducing the draft resolution on international cooperation and coordination for the human and ecological rehabilitation and economic development of the Semipalatinsk region of Kazakhstan, said the region remained a matter of serious concern. International effort was required in solving the problems of the region, particularly in addressing health issues, and its human and ecological rehabilitation. The report of the Secretary-General had stated that the longer-term effects of radiation had left the population extremely vulnerable. A team of independent experts from Japan had examined the nuclear test site and had come to the conclusion that the level of radiation was 600 times above normal. In fact, it was equal to the level in Japan following the Hiroshima bombing. Further international assistance was needed in addressing the situation, she said. She also informed the General Assembly that since the release of the draft resolution the following countries had added their names to the list of sponsors: Bosnia and Herzegovina, Bulgaria, Colombia, Ecuador, El Salvador, Guatemala, Honduras, Iceland, Malta, Monaco, Morocco, Netherlands and Poland. GELSON FONSECA, JR. (Brazil) noted that both natural and man-made disasters continued to cause pain and suffering, whereas the resources to alleviate their consequences fell short of what was needed. He felt that preparedness was crucial, particularly international assistance in mitigating damages and reducing the need for post-disaster aid and reconstruction. Prevention involved the construction of solid pillars for a peaceful society through cooperation for development, poverty eradication and the strengthening of the rule of law. Strategies to tackle humanitarian problems should focus on conflict prevention, peacemaking and post-conflict peace-building. Page 109 of 705 © 2009 Factiva, Inc. All rights reserved. In evaluating three aspects of United Nations humanitarian assistance, he pointed to coordination of the many different humanitarian agencies, whose efforts must be based on the principle of shared responsibility. His Government believed that a synergy in the realm of humanitarian assistance was needed. The second aspect was related to the access of humanitarian personnel to those who needed assistance. Often there was a denial of access in situations of armed conflict. He called on States to take into account their international obligations and facilitate the work of humanitarian personnel. Brazil was very concerned with the safety and security of humanitarian personnel, referring to 198 civilian staff killed in the service of the Organization since 1992 as shocking. He said gross violations of human rights, humanitarian and refugee law were at the centre of todays complex emergencies. It was important, therefore, to strengthen the advocacy efforts of the United Nations system and put pressure to halt such abuses, by ensuring that those responsible are held accountable for their crimes. Brazil urged the United Nations to widen the scope of protection under the 1994 Convention on Safety of United Nations and Associated Personnel. He paid homage to those who had lost their lives to provide some hope for the underprivileged of the world, called them "heroes of real life. PAUL HEINBECKER (Canada) said during the last couple of years the world had been shaken by successive crises which had tested the ability of the Organization to react to them. An effective reaction was of vital importance, impacting the life-and-death situation of millions of people in need. Armed conflicts, floods, drought, earthquakes, among other calamities, were crises in which people frequently had their first contact with United Nations agencies. To meet the objectives of assistance should be given top priority. The Secretary-General, in a report to the Security Council, had made 40 recommendations for protecting civilian victims of conflict. Security Council action was necessary but not sufficient. Humanitarian action was often independent of political situations. The Assembly needed to address the underlying causes of conflict and to help create conditions for sustainable peace and reconciliation. The Assembly could help through promoting humanitarian rights law, encouraging respect of international humanitarian law and principles, and ending impunity. He called on the Assembly to integrate the recommendations of the Secretary-General into its own work, and to promote practical strategies for implementation at the field level. Page 110 of 705 © 2009 Factiva, Inc. All rights reserved. He said that next spring the Secretary-General was mandated to report on the protection of civilians to the Assembly and the Security Council. His country would continue to actively promote that dimension of the Human Security agenda. Civilians were increasingly becoming targets in armed conflicts, and those providing protection and assistance to them were also likely to find themselves under attack. Working under the flag of the United Nations or the Red Cross or Red Crescent was no longer a guarantee of protection. Humanitarian workers needed protection but also proper training, and they needed to be provided with enhanced United Nations security resources to ensure that assaults were investigated and prosecuted. The Secretary-Generals recommendations with regard to the scope of legal protection under the 1994 Convention on the Safety of United Nations and Associated Personnel should be considered carefully. It was vital that the Assembly took greater responsibility for monitoring conditions on the ground, and, where conditions merited, for acting promptly to invoke the 1994 Convention. He welcomed progress made in more coordinated approaches in complex emergencies and natural disasters. He urged OCHA to improve collaboration within the humanitarian community. In order to ensure coherence among the various United Nations bodies, a sense of partnership among the Assembly, the Security Council and the Economic and Social Council must be promoted, he said. JULIA LOPEZ (Venezuela) said that natural disasters had a profound effect on developing countries, delayed the integration of their economies into the world economy, caused loss of life and damaged infrastructures and basic services. Venezuela expressed recognition for the support received following the tragedy on 17 December 1999, which had taken her country by surprise. Since then, Venezuela had stepped up efforts to improve its system for the management of disasters. A special Working Group had been set up to design strategies in order to work on risk management. Her country was also working on revising risk management policies in order to give them a preventive dimension, and was strengthening prevention measures at all levels of decision-making. The lesson that had been learning from last years disaster was that atypical climate change could cause extensive damage. The Government of Venezuela had been working on relief efforts with the private sector, yet the affected areas had not been yet reconstructed. At the moment, there was heavy rainfall in several areas in Venezuela, and a state of emergency had been declared in 11 states. A further challenge was that of access to technology. That meant not only the allocation of financial resources, but also the training of highly specialized human resources. Venezuela appealed to the more developed States of the international community to share that technology. ARNE HONNINGSTAD (Norway) stated that humanitarian emergencies were increasing in scale and in Page 111 of 705 © 2009 Factiva, Inc. All rights reserved. number, requiring more resources to react effectively. In addition, the international community's collective effort to fulfil obligations were out of tune with the real needs. Norway urged Member States to reverse that trend through sustained, adequate financial commitment from donors and further improved coordination by the United Nations. In that regard, his country welcomed the report of the SecretaryGeneral on "strengthening of the coordination of emergency humanitarian assistance of the United Nations. The enlarged membership of the United Nations Inter-Departmental Framework for Coordination Team was a positive step toward better preventive action, he said. Norway believed that the expansion would strengthen the development of improved mechanisms for early warning, contingency planning and preparedness. He felt that the extensive attention aimed at better coordination of assistance when natural disasters struck was both helpful and relevant. Moreover, the references to legal instruments, notably the International Criminal Court and the 1994 Convention of the Safety of United Nations and Associated Personnel, were rightly given centrality in the report. Further, his Government supported the Consolidated Appeals (CAPs) to be launched in eight cities around the world, starting in New York tomorrow, and hoping to generate $2 billion for 2001. That amount would represent emergency life-saving assistance to more than 35 million persons. Norway had responded generously in mobilizing resources to the CAPs, which should be used as a strategic tool and an important channel for contributions to emergency humanitarian assistance. But the international community was faced with a paradox: the more work and inter-agency coordination undertaken in order to improve the CAPs and make them more user-friendly, the fewer funds had been mobilized. His country expressed concern at the fact that only 55 per cent of the CAP for 2000 had been funded as of mid-November. Norway recognized that important improvements in the coordination of emergency humanitarian assistance had taken place, but more remained to be done. He called on the United Nations to include NGOs and local national organizations when coordinating the utilization of scarce resources. In closing, Norway also took note of those who had lost their lives in the service of the Organization, saying that a clear message must be sent that the situation was unacceptable and intolerable. Norway urged the United Nations to establish a full-time post of United Nations Security Coordinator. JEAN-DAVID LEVITTE (France), speaking on behalf of the European Union and associated States, said it was essential to provide victims of natural disasters with the assistance they needed. The European Union welcomed the work of the OCHA on enhancing the effectiveness of operations, and the transition between humanitarian assistance and reconstruction. Full support was required for the many tasks the OCHA had to carry out, he said. The security of United Nations staff could not be ignored, and the European Union shared the concern of the Secretary-General as to the deterioration of working conditions in terms of safety of personnel. There were many problems and several measures needed to Page 112 of 705 © 2009 Factiva, Inc. All rights reserved. be taken. In one year, 21 United Nations staff had lost their lives, crimes that had gone unpunished in almost every case. That was clearly an intolerable situation. The European Union urged all States to include in their legislation provisions for the battle against impunity, and to sign and ratify, if they had not already done so, the 1994 Convention on Security of United Nations Personnel. The European Union welcomed the efforts of the United Nations system and the Coordinator of Security to address the above-mentioned issues and to find effective solutions. However, financial strengthening was required in the field of cooperation. Security had been discussed within the OCHA and the Inter- Agency Standing Committee, and the European Union encouraged the continuation of their work, particularly in terms of training of staff. It was vital to train staff, particularly firsttime staff in complex situations. The Inter-Agency meetings had also resulted in arrangements to remedy the situation of insufficient coordination in favour of internally displaced persons. The Third Humanitarian Session of the Economic and Social Council had allowed reflection on the objectives in that field, he said, as well as on the reform by the Secretary-General of United Nations operating procedures. The European Union encouraged the humanitarian segment to exchange views regarding coordination in a specific and targeted manner. The European Union also supported the action of the OCHA in developing its coordination with other sectors of the United Nations system. The General Assembly had created an international strategy for the mitigation of disaster, yet a great deal remained to be done. In the battle for the reduction of disasters, international cooperation made full sense and needed to be supported. MANUEL TELLO (Mexico) said that while humanitarian assistance was one of the noblest expressions of solidarity, it was better to prevent than to remedy. Development was the best deterrent for conflicts, and at the same time, the best defence against the ravages of natural disasters. Strengthening international cooperation for development therefore remained the highest priority. It was an unavoidable challenge facing the United Nations. Mexico had always maintained that solutions to disputes must be in accordance with the United Nations Charter, he said. Today, there were no clear mandates or universally accepted criteria for dealing with situations with grave humanitarian consequences. His country had rejected the right of interference based on unilateral decisions or decisions of small groups of countries. While the international community could not stand aloof from the tragedies of humanitarian crises, action must be based on universally accepted principles. Page 113 of 705 © 2009 Factiva, Inc. All rights reserved. Humanitarian assistance was a complex task, requiring real and definite parameters, he said. He supported the guidelines of Assembly resolution 46/182, which provided a Plan of Action and Standard of Conduct for the display of international solidarity. It was essential that there be full respect for the sovereignty of States and that that action was always taken at the request or with the consent of the recipient State. In recent years, there had been an increase in the impact of natural disasters in numbers, victims, and the scale of damaged caused. The International Decade for the Reduction of Natural Disasters was aimed at mitigating the negative impact of among other things, El Nino, cyclones, hurricanes, which afflicted every corner of the world. It had forged a growing awareness of international solidarity, and had pointed towards the need to move on from reacting to disasters to a comprehensive strategy in terms of sustainable development and efforts to prevent and reduce natural disaster effects, such as early warning, emergency mitigation and reconstruction. Humanitarian assistance was a shared responsibility and a collective commitment, he stressed. SHAMSHAD AHMAD (Pakistan) said that in complex humanitarian emergencies the role of the United Nations became pivotal. One had not only to respond to the immediate needs of the victims, but also to address political and development aspects of the situation. The United Nations could perform those two roles. However, it needed to be assured that the independence and impartiality of humanitarian activities were not compromised by their association with the political process. The United Nations could also be more effective in ensuring access of civilians to areas requiring humanitarian assistance and to ensure the safety of civilians. Efforts had been made by the United Nations system to strengthen both legal and physical protection for civilians caught up in armed conflicts. However, such steps became extremely difficult when State machinery was used to kill innocent civilians in situations of armed conflict and foreign occupation. Terrorism perpetrated by State troops should be curbed with stern action. The international community should bring to justice those who violated the human rights of people living under foreign occupation. In the last decade, he noted, Africa had suffered from a number of complex humanitarian emergencies. However, the response of the international community had not been very supportive of Africas efforts. Bilateral actions had been very selective. In most cases, those were not driven by the sole consideration of meeting the needs of victims, but were based on political considerations. It was well known that the effects of disasters could be mitigated by early warning and rapid response. To develop those abilities, the developing countries must be provided access to relevant technologies and sufficient resources. The Page 114 of 705 © 2009 Factiva, Inc. All rights reserved. needs of small island developing States should be given special attention in that connection. Although there had been an overall increase in resources allocated for humanitarian assistance, the proportion of international humanitarian aid delivered through multilateral channels had declined. The utilization of resources through bilateral channels made coordination of international resources more difficult. It also resulted in a loss of opportunities to develop the national capacities of affected countries, as most of the organizations tended to focus only on the delivery aspect of assistance, and not on the long-term question of development. The CAP should be the overall framework for channeling humanitarian assistance from all sources. Pakistan was bearing the burden of an emergency which had been virtually forgotten by the international community, he said. His country was host to approximately 2.6 million Afghan refugees. They had played a critical role in putting an end to the cold war but had been denied a share in the peace dividend. The world had abandoned that mass of displaced humanity. Consequently, the onus of responsibility had shifted to the Government of Pakistan. Its limited resources had seriously curtailed its ability to address the needs of those refugees. He called on the international community to respond to the appeals issued for humanitarian assistance to Afghan refugees living in Pakistan. DUMISANI S. KUMALO (South Africa), said that United Nations staff were constantly faced with the prospect of being physically and psychologically harassed, violated and murdered with impunity. According to the Secretary- Generals report on the issue, 217 civilian staff members of the United Nations system had been killed in the line of duty since 1992. Worse yet, only 3 cases of violent deaths out of 177 had been brought to justice. The situation was untenable and required concrete action. It was vital for Member States to acknowledge their obligations for the safety and security of United Nations personnel. Where criminal or violent acts occurred, it was crucial to ensure swift and effective action against the perpetrators. One could not expect United Nations staff members to take on difficult and dangerous assignments without proper training and equipment. Earlier this year in South Africa, and particularly in Mozambique, the most devastating floods in history had occurred. South Africa and Zimbabwe had not been spared, he said. Despite problems of their own, it had been heartwarming to note the number of ordinary South Africans and Zimbabweans who had crossed the border to assist the people of Mozambique. Much of that would not have been possible, or sustainable, without the assistance of United Nations bodies such as OCHA and the World Food Programme (WFP). It was important to learn from those and similar disasters in order to better prepare for future calamities. The southern African floods illustrated the Page 115 of 705 © 2009 Factiva, Inc. All rights reserved. value of using multilateral channels for emergency assistance. However, it also underlined the fact that relief agencies were acutely under-funded. The need for national disaster plans and management policies had also become painfully evident. This years humanitarian segment of the Economic and Social Council had addressed the thorny issue of internally displaced persons, and as the Assembly was aware, had failed to come up with any agreed conclusions. He found that turn of events particularly disconcerting. The issue of internally displaced persons was of major concern to the African region. Ten African countries alone accounted for over 12 million of the estimated 20 to 25 million people displaced in the world today. The conflict in the Democratic Republic of the Congo had displaced some 1.3 million of its citizens, and caused similar displacement in neighbouring countries. Piecemeal approaches on internal displacement had to end, he said. He called on all Member States to cast aside ideological inflexibilities and commit themselves to a serious debate on the issue. MR. CHOWDHURY (Bangladesh) said that, although there were some encouraging signs of greater responsiveness on the part of the international community in coming forward with increased assistance, the pace was not sustained. With the increase in the number of humanitarian emergencies, the range of organizations getting involved in humanitarian response to crises was also increasing. That was giving rise to coordination challenges. The need for better coordination was indeed a priority. The CAPs was a key tool for coordination of the international response to emergencies, and that more emphasis must be placed on the process as a continuous year-round process of inter-agency coordination. It was a matter of hope that there had been a good response to the consolidated appeal in 1999, when some 75 per cent of requirements were met. Every effort must be made to maintain that upturn in donor response. He emphasized the need to ensure the safety of personnel who were risking their lives to help people in distress. It was important for all to ensure that humanitarian personnel had safe and unimpeded access to all people in need of assistance. The role of technology in disaster preparedness and alerting people to an impending natural disaster could not be overemphasized, he said. The best way to minimize loss of human lives and reduce the impact of a disaster was to alert people to an impending crisis sufficiently ahead of the event. In Bangladesh, early warning and disaster preparedness had already made a huge difference in the way that natural calamities and cyclones were tackled. He urged all donor countries and international agencies to prevent, mitigate and mount adequate response to disasters. HIDEAKI KOBAYASHI (Japan) said effective humanitarian activities were possible only in an environment where humanitarian personnel could discharge their responsibilities, without hindrance or Page 116 of 705 © 2009 Factiva, Inc. All rights reserved. fear for their lives. In that context, he said arrangements for the safety and security of United Nations personnel should be strengthened. Japan thus supported the initiative of the Secretary-General to ensure the safety and security of personnel from different organizations on the ground, in a complex and rapidly changing context. He said efficient and adequate training was also a key factor in guaranteeing the safety and security of personnel. Last year, Japan contributed $1 million to the trust fund created to strengthen security training of field personnel, and would contribute another $1 million this year. Other countries should join his in this effort, and the United Nations should make the best use of it. He said Japan also wanted to highlight the importance of a legal framework for the security of humanitarian personnel. The primary responsibility for ensuring a secure environment for humanitarian workers lay with the government of the host country, he said. He pointed out the need to further strengthen the coordination of humanitarian assistance in light of the increasing number of actors involved, the growing complexity of situations and the differentiated needs of victims. Also crucial, in addition to the need for horizontal coordination, or synergy between actors on the ground, was the coordination needed to ensure a smooth continuum between humanitarian emergency assistance and assistance towards reconstruction. JARGALSAIKHANY ENKHSAIKHAN (Mongolia) said the heavy snows and extremely cold winter of 1999/2000 in his country had led to the loss of nearly three million head of livestock -- about nine per cent of the nation's entire livestock population. More than a fifth of the nation's human population had also been affected by what was the worst multiple disaster in his country in the last 30 years. Cattle-raising was the main source of income for most of the rural population hit by the natural calamity. Even more alarming was the effect of the death of their herds on nomadic families. Mongolia was large, he went on, and it was not easy to deliver assistance to remote localities that had been hit by disaster. Responses for international assistance had been nevertheless quite helpful, but given the scope of damage, it would be extremely difficult for Mongolia to cope on its own with all the negative consequences, which would affect the country for several years. Winter had already started in Mongolia and the herders faced the prospect of another harsh season. He said the relief operation in his country offered some lessons for consideration in similar situations in the future. Page 117 of 705 © 2009 Factiva, Inc. All rights reserved. There was a need for faster reactions to appeals, faster assessment of disaster damage and, of course, faster implementation. As was evident from the Secretary-General's report, the overall response to international appeals was still not satisfactory. Multilateral responses to humanitarian emergencies were needed, in support of national efforts. Since natural disasters often struck States lacking the resources to cope with them adequately, his delegation wanted to stress the need for further concrete measures to reduce the vulnerability of societies in those countries, such as disaster-reduction mechanisms which should also be an integral part of sustainable development strategies. He stressed the importance of appropriate technologies for early warning, prevention, preparedness, mitigation and response to natural disasters. Such technologies should be made available on preferential and concessional terms. YURIY ISAKOV (Russian Federation) said that progress had been achieved in the approach of the United Nations system to natural disasters, particularly in readiness and early warning systems. On the other hand, an increase in natural disasters presented new challenges and made it necessary to further improve the existing tools. It was vital that neutrality, impartiality, and the agreement of the country affected, were all adhered to. Otherwise, there could be no improvement, he said. Humanitarian intervention was directly opposed to the above-mentioned principles, and destructive to international relations as a whole. The effectiveness of United Nations work was decisively dependent on consensus decisions. He stressed the importance of the Economic and Social Council humanitarian segment, which had functioned in a businesslike atmosphere, avoiding politicization. The Inter-Agency Standing Committee was an important forum for improvement, and its work should be published on a regular basis. He was gratified that the appeals for 2001 were to be held tomorrow, and encouraged donor States to remember the so-called forgotten emergencies. He said that the increase in number and scale of natural disasters lent topicality to the report on the role of technology. However, it seemed to focus mainly on early warning technologies, such as telecommunications and space technologies. There was no information about the use of technology at the stage of recovery and rescue. The Russian Federation had submitted a list of its specialized technologies for disasters. He urged other countries to submit similar information in order to coordinate machinery in crisis situations. He stressed the need to increase assistance to Tajikistan, where drought and refugees from Afghanistan exacerbated the situation. Impartial assistance to Afghanistan was also required, he said. He emphasized the need for sanctions regimes to take into consideration consequences on civilians. It was vital that humanitarian assistance did not fall under sanctions regimes. Page 118 of 705 © 2009 Factiva, Inc. All rights reserved. He pointed out that next April would be the fifteenth anniversary of the Chernobyl disaster. The consequences and scale of the accident required serious international attention. The three countries primarily affected -- Ukraine, Belarus, and the Russian Federation -- called upon the international community to find solutions to minimize the consequences. ATUL KHARE (India) said it should be a matter of concern that some serious issues in delivering humanitarian aid did not get more notice. The uncoordinated aspect of humanitarian assistance was one of those. Also to be addressed was the question of delivering assistance to populations at risk in areas of recent conflict where a United Nations peacekeeping operation was deployed. The assistance itself was a bone of contention between parties to a conflict. Also, further attention should be given to the issues of increasingly using armed forces to deliver aid and of increasing reliance on private sector largesse or transnational corporate involvement, which could be driven by commercial interests rather than local needs. Finally, the Relief Web's platform should be truly useful for the information of impartial humanitarian agencies. All those problems could be addressed by scrupulously adhering to the Guiding Principles for Humanitarian Assistance, he continued. However, those were honoured more in the breach than in the observance. Nevertheless, those guidelines made it clear that however much the assistance of others was appreciated, primary responsibility for humanitarian assistance lay with the affected country. He said state-of-the-art technologies such as remote sensing, computer modeling and electronic information management should be developed for better global management of natural disasters. To ensure the safety of humanitarian workers delivering assistance, the genuine impartiality of the assistance must be made clear to those being helped. On a bilateral basis and despite limitations, India had been assisting the Palestinian people and would continue to do so through scholarships and cultural exchange programmes. It had also assisted the people of Afghanistan, but the humanitarian situation there was assuming serious proportions. The Taliban authorities must revoke their discriminatory practises against minorities. ((M2 Communications Ltd disclaims all liability for information provided within M2 PressWIRE. Data prepared by named party/parties. Further information on M2 PressWIRE can be obtained at http://www.presswire.net on the world wide web. Inquiries to [email protected])). Document mtpw000020010808dwbs013o8 Page 119 of 705 © 2009 Factiva, Inc. All rights reserved. Mercosur [Common Market of the South] and the EU managed to overcome the main ... 9,102 words 18 November 2000 BBC Monitoring Service: Latin America BBCLA English (c) 2000 The British Broadcasting Corporation [date of publication]. All Rights Reserved. No material may be reproduced except with the express permission of The British Broadcasting Corporation. Text of report by Brazilian newspaper `Valor' web site on 9th November Mercosur [Common Market of the South] and the EU managed to overcome the main stumbling-block in the third round of negotiations on free trade between the two blocs: the European indifference regarding these negotiations. Ambassador Jose Alfredo Graca Lima, the main negotiator for the South American bloc, yesterday acknowledged the change of the EU's attitude and admitted that these negotiations could develop faster than those regarding the FTAA [Free Trade Area of the Americas]. "We could burn some stages in the negotiations with the EU that were obligatory in the FTAA," Graca Lima said. "In addition to this, the delays of the last few months could be compensated for without problems." The ambassador also foresees the implementation of the timetables for reductions of import tariffs in the agreements between Mercosur and the EU as well as in the FTAA between 2005 and 2006. In general, the reductions will be implemented over 10 years until they reach a zero tariff rate. The signal of the EU's renewed interest was the fact that it sent EU Foreign Affairs Commissioner Christopher Patten, who delivered a categorical speech stressing the priority that the EU gives to these negotiations. A delegation of 40 experts is accompanying Patten. "I would like to repeat: We are very seriously involved in these negotiations," Patten said yesterday after presenting a working proposal for the three groups that will be created to carry out the process. "They convinced us of their interest in the negotiations," Graca Lima said. The agreement should improve the atmosphere of the talks, which will begin to be held in earnest with Page 120 of 705 © 2009 Factiva, Inc. All rights reserved. effect from July 2001. For these give-and-take negotiations, Foreign Minister Luiz Felipe Lampreia repeated that Mercosur would have to give way on some points. In principle, he expects Mercosur to make concessions for the access of industrial products and services (such as financial services, transport and communications) and government procurement. In exchange, Mercosur hopes to obtain a greater opening up of the European agricultural market. Source: `Valor' web site, Sao Paulo, in Portuguese 9 Nov 00 Text of report by Brazilian newspaper `Gazeta Mercantil' web site on 8th November Brasilia: Yesterday, at the opening of the third meeting of the Mercosur [Common Market of the South]EU Negotiating Committee, Brazilian Foreign Minister Luiz Felipe Lampreia said that the free trade agreement being discussed by the two blocs must not use similar agreements being discussed by the EU as parameters. Lampreia said: "Mercosur intends to establish an agreement that will increase trade between the two blocs in a balanced manner." Although he did not refer to Mexico, Lampreia expressed Mercosur's desire to carry out comprehensive negotiations with Europe. The free trade agreement being discussed by the EU and Mexico does not include agricultural products. The meeting is due to end on Friday 10th November. According to Lampreia, Mercosur and the EU must seek a consensus of views, taking into account the characteristics of the South American bloc and without restricting the subject to trade issues. He also pointed out that the agreement with the Europeans would take place at the same time as the creation of the FTAA [Free Trade Area of the Americas] is being discussed. Lampreia once again criticized the EU subsidies for agriculture, which distort the market and penalize developing countries such as Brazil. Lampreia said that the great obstacle to be overcome is the imbalance between the two blocs. "The great challenge that lies ahead of us is the growing social imbalance that makes the prospects of a balanced world seem remote." EU External Relations Commissioner Christopher Patten said that the two blocs must prepare the grounds for the next phase of negotiations. As from July 2001, Mercosur and the EU start the most difficult phase of the negotiations - the progressive elimination of tariffs on products, including agricultural products and the liberalization of the trade in services. According to Patten, the surfacing of obstacles in the negotiations must not jeopardize the main objective, that is, creating a partnership among 595 million inhabitants, approximately 10 per cent of the world's population. Source: `Gazeta Mercantil' web site, Sao Paulo, in Portuguese 8 Nov 00 Tax cut Page 121 of 705 © 2009 Factiva, Inc. All rights reserved. Social security reform Special pensions Contribution for retirees Revenue sharing Argentine Economy Minister Jose Luis Machinea has unveiled a package of tax and spending cuts and social security reforms to tackle the country's economic difficulties. Machinea said he would also be discussing with provincial governments a freeze on their spending. The following is the text of a report by Argentine news agency Telam on 11th November; subheadings as published: [No dateline, as received] Economy Minister Jose Luis Machinea tonight praised President Fernando de la Rua's leadership in moving forward with the implementation of structural reforms. Machinea also announced a new economic package, and that the IMF supports the Argentine government's initiative. Machinea made these remarks after delivering the closing speech of the 36th IDEA Forum in Mar del Plata and after reading a communique issued by IMF managing director Horst Kohler expressing support for the Argentine government's measures. Machinea praised President de la Rua's speech and said: "We have a helmsman steering the ship. We are working together with him. We are convinced that Argentine economy will grow again and that we will lower the country risk factor." The economy minister emphasized that the presidential message broaches "two key issues: The structural reforms and the measures to improve competitiveness". Machinea said: "After the labour reform and the deregulation of the telecommunications sector, there are three important pending reforms in Argentina. These have to do with the social works system, the social security system and the relationship between the central government and the provinces." The finance minister acknowledged that "Argentine economy is growing at quite a slower pace than what we had expected. This has resulted in a low tax yield and in an increase of the fiscal deficit despite the fact that the spending cuts far exceed what was budgeted". Machinea said: "This has compelled us to revise our fiscal revenue estimates for 2001. In view of the Page 122 of 705 © 2009 Factiva, Inc. All rights reserved. situation, we preferred to be more prudent regarding our growth estimates. Therefore, we will be submitting to Congress an amendment bill that will reflect lower revenues as a result of a lower economic growth." Machinea said that as a result of this situation, the administration believes that "it is necessary not only to change fiscal revenue estimates, but also to submit a draft bill to amend the fiscal responsibility law. This amendment bill will not only reflect the above-mentioned requirements but also contemplate a greater fiscal deficit that will be previously approved and financed by multilateral organizations." Machinea added: "This bill is far stricter regarding government spending than the current one. It enforces much tighter restrictions regarding the administration's primary nominal spending." The economy minister reported: "The new bill establishes that the national government's nominal expenses will have to either remain unaltered or decrease at least until 2005. We are freezing government expenses for five years." Furthermore, the economy minister announced the following draft bills package that will be submitted to Congress in the next few days: Machinea reasserted the enforcement of the tax cut timetable that was announced 15 days ago. He also announced that the administration will submit to Congress a draft bill that will totally eliminate tax on interest from October 2001 until mid-2002. Furthermore, the executive branch will submit a draft bill to allow a profit tax deduction on all future mortgage credit instalments. The economy minister believes that this was the most courageous part of President de la Rua's speech and announced that the administration will replace the draft bill drafted at the beginning of the year by another bolder draft bill that will eliminate the Basic Universal Allowance (PBU). Machinea said: "In the future, no new retiree will receive less than 300 pesos. We are also including a basic allowance of 100 pesos for the unemployed." He also announced a gradual increase of the retirement age for women as of 2002. Machinea said: "What is important here is that all discussions and doubts about the private or public system are terminated. The president has just announced that within the context of these measures, the government-controlled pension system is senseless, that it will be abolished, and that the capitalization regime will be the only one in force." Furthermore, he reported that a reform will be submitted to Congress that will include armed forces and security personnel in the capitalization regime. Machinea concluded: "This modification definitively eliminates a bankrupt system and presents us with a Page 123 of 705 © 2009 Factiva, Inc. All rights reserved. system that will allow the financing of not only the public sector but also private enterprise." Machinea also announced measures that seek to increase competitiveness in the private pensions system; grant greater transparency in commission fees; authorize the AFJP [Pension and Retirement Fund Managing Companies] to manage more funds. He also announced the issuance of a package of measures that will seek to improve the control system of funds and grant the AFJP superintendency flexibility to increase or decrease by 20 per cent the different investment tools. Benefits granted through Law 13,337 cannot be over 120 pesos under any circumstances (they currently stand at 600 pesos) and have an expiration term of 5 years for people over 65 years of age but they can be renewed. Also eligible to receive special pensions for a 6-month period are heads of family under 65 years of age with three children. The benefits granted prior to this regulation will have to adjust to this norm. Machinea asserted that "the extraordinary savings resulting from this retirement system will allow us to at least give something to the have-nots. Therefore, all those retirees who are older than 80 years of age will have access to a retirement pension of at least 200 pesos in 2001. Later on, the same will also apply to those retirees older than 75 years of age. [quotation marks as published] The central government proposes to work with the provinces on this regime but on the basis of the following guidelines: Machinea said: "Until the agreement is completed, we propose the provinces to extend the federal commitment, a pact that will guarantee that in the next five years, they will not increase spending at either the national or the provincial levels." Machinea also reported that this pact will be discussed this weekend on the basis of a freeze on primary spending, the transfer of funds to the provinces on the basis of quarterly averages, and the assistance of provinces whenever they have problems in the payment and financing of debts. Furthermore, Machinea announced that the Anses [National Social Security Administration] will be placed under trusteeship to improve its effectiveness which still needs a great deal of improvement. He also announced the issuance of an ART [Work Risk Bill] draft bill which will increase money payments, eliminate civil suits, deregulate and allow the free election of social works systems as of 1st January and the privatization and subcontracting of the payment of some taxes. Source: Telam news agency, Buenos Aires, in Spanish 1032 gmt 11 Nov 00 Page 124 of 705 © 2009 Factiva, Inc. All rights reserved. Text of report by Argentine news agency Telam Mar del Plata, 11th November: President Fernando de la Rua said today that he is "the president of a country that has to grow and compete with the rest of the world - and this is not wishful thinking". The president was speaking tonight at the IDEA [Institute for the Development of Executives in Argentina] colloquium under way in this city where he called on businessmen to generate trust in the country. "I am also the president of a country with very serious poverty levels." And it is all because "we behave like political juveniles", he added. De la Rua was quoting Miguel Cane in his book describing the problems and lives of students of the Buenos Aires National College at the beginning of the 20th century. The president complained that "we have a big problem of trust that is costing us several million a day". He called on the businessmen to work together to generate this trust. "To those who say I do things because the IMF tells me to," to those who say "I am trapped by an Alliance that does not allow me to govern", to those people I say "I am here to tell you of my economic plan." In this connection, the president stressed "public savings" and "competitiveness". He ascertained that "it was hard" to overcome the political crisis that ensued in the wake of [VicePresident] Carlos Alvarez's resignation, but he emphasized that "we have emerged with a stronger legislative bloc" that approved all the necessary bills. "The Alliance was elected to govern the country," he added, saying that this Alliance "is composed of honest and well-intentioned political leaders". "The political class has the opportunity of showing the people whether they are patriots or a burden on the nation, and it seems to me that no one is willing to miss that opportunity," De la Rua said. "Much was done and it was well done, but it is not enough. If we were to content ourselves with what we have done, it would be an economic disaster" because "the lack of trust (of the markets) is costing us many millions of dollars each day", he said, reiterating elements of his earlier message over a national hook-up of television and radio stations. "We are determined to go for more, for deeper reforms" to generate "more public savings, more investments", the head of state said, adding: "I want to secure the financing of the economy" to find "sustained growth and stable employment for my people, who are my most profound and definitive Page 125 of 705 © 2009 Factiva, Inc. All rights reserved. cause". He said: "We are receiving American, Chinese and Spanish investments, and we expect to receive more than 7bn dollars in investments next year." "Savings and investments are competitiveness and exports, and that is the economic plan," he emphasized. De la Rua maintained that he "is ready to pay all the necessary political costs, but I shall secure sustained growth and stable employment; only then will I expect your recognition and that of the people". De la Rua said that "the results are going to be measured by the Alliance bloc's effectiveness in obtaining approval of the laws the government is asking for. At times it seems that the voices of a few dissenting deputies, who only know how to oppose everybody else, can mean more than the overwhelming legislative majority of our deputies who work with courage, patriotism, and political maturity." "We are determined to go for more, with deep reforms by means of concrete decrees and laws, to go on until no more reforms are needed, in order to generate more public savings, more investments, more competitiveness, and more exports," he said. Lastly, he stressed: "I want to bring the economy back to health, win strong financial support, and switch on that long-awaited trust in a combination that gives us the strong growth in the short term that we need, sustained growth and stable employment for my people." Source: Telam news agency, Buenos Aires, in Spanish 0208 gmt 11 Nov 00 Text of report by Argentine newspaper `Pagina 12' web site on 11th November IMF Managing Director Horst Koehler has welcomed the measures announced by Argentine President Fernando de la Rua which aim, he said, "to strengthen economic policy". In an official communique, the IMF stresses that "the measures announced by President De la Rua on the evening of 10th November demonstrate strong leadership and represent a significant strengthening of economic policy as well as evidence of Argentina's commitment to strengthen the measures adopted in the last decade". Koehler discussed the proposal for reaching a fiscal pact with the provinces, which, together with "additional financial support", will allow Argentina to "have access to the capital market". The IMF managing director said that "the negotiations with Argentina will continue being held and that they could be concluded in a relatively short time", in relation to the financial rescue. "Once an agreement is reached the IMF directors will be ready to recommend to the executive board that Page 126 of 705 © 2009 Factiva, Inc. All rights reserved. it approve a stand-by package for Argentina. Additional support will be available for Argentina, including the SRF [Supplemental Reserve Facility] in support for the economic policies," Koehler added in his communique. The German banker stressed that the Argentine government "has also been discussing the economic programme with the World Bank and IADB [Inter-American Development Bank]" adding that "these institutions would make similar announcements shortly". Source: `Pagina 12' web site, Buenos Aires, in Spanish 11 Nov 00 Text of report by Fernando Alonso, published by Argentine newspaper `El Cronista' on 8th November The administration has reached an agreement with a group of PJ [Justicialist Party] governors to finalize accords this month to refinance provincial debts maturing in 2001 and to begin renegotiations of the pact that was signed in December. These commitments also include guaranteeing the passage of the budget through Congress within the legally required time. This decision was reached during a meeting of the cabinet secretary, Chrystian Colombo, with Governors Juan Carlos Romero (Salta), Gildo Insfran (Formosa), Eduardo Fellner (Jujuy), Julio Miranda (Tucuman), Carlos Rovira (Misiones) and the deputy governor of Tierra del Fuego, Daniel Gallo. Even though Salta took part in the negotiations, it has decided to continue refinancing its maturing debts on its own. It did, however, cite the need for progress in the discussions of the Federal Revenue Sharing Bill in order to have a foreseeable horizon in its negotiations with banks. This northern province, which is controlled by the Federal Bloc (whose members met for dinner last night [7th November] to prepare for their meeting next Tuesday [14th November]), is considering a bond issue backed by hydrocarbon royalties but first it needs the new revenue-sharing legislation to be passed. At the meeting, which was held in the cabinet secretary's office, Secretary-General of the Presidency Horacio Jaunarena and the deputy secretary for relations with the provinces, Oscar Cetrangolo, who is responsible for filling in the figures that need to be refinanced, were also present. The government will negotiate the equivalent of 50 per cent of the deficit of each province for next year. The amount of this deficit should be less than its deficit in the present year, because of the application of the current fiscal commitment. In the case of the nine provinces that opted to refinance their debts with the assistance of the national government, the deficit reduction pledged for this year was 394m pesos. Page 127 of 705 © 2009 Factiva, Inc. All rights reserved. The funds required will come from the Provincial Development Trust Fund, with loans to be provided by the Argentine National Bank, Colombo said. Private banks will take part in this programme through the Trust Fund, the resources of which were depleted after the assistance of 1.2bn pesos that it provided to the provinces this year. Colombo said that the districts that have entered the bail-out plan have complied with the fiscal accords, which are reviewed quarterly before authorizing disbursements. He pointed out, though, that along with the new agreements, it would be necessary to revise the document that was signed on 6th December 1999. "It may be necessary to make some changes to it and to take a look at the issue of refinancing in 2001, because the situation has changed," he said. Among other factors, he pointed out that the tax cut to promote investment would affect the funds available for revenue sharing. Fellner, acting as the spokesman for the governors, said that this was "a new vote of confidence" by the Justicialist governors in favour of President Fernando De la Rua. The interest of the provinces in speeding up the debt renegotiations also includes a commitment to secure passage of the 2001 budget, since the provinces have been critical of the cuts in the Special Tobacco Fund and in the subsidy for fuels in Patagonia. At the meeting in the cabinet secretary's office, it was agreed to leave this discussion up to the deputies and senators but they did confirm their commitment to guarantee passage of the budget within the legal deadline. This has been one of the administration's major concerns. "We have no doubt that this debate in Congress will take place in the right time and form, and that the country will have a budget that is in compliance with the Fiscal Responsibility Law and with the debt limits. Then we will be able to show the world that we are a credible and reliable nation," was Colombo's assessment. To continue this course of action, the cabinet chief has scheduled a larger meeting for next Tuesday, to which he has invited all of the Justicialist governors. Several items on the agenda include a discussion of the new federal revenue sharing law, the debt situation of the provinces and issues on which there are disagreements between the national government and the provinces. One day later Colombo will repeat this meeting, but this time with the Alliance governors. Source: `El Cronista', Buenos Aires, in Spanish 8 Nov 00 p 8 Text of report by Alberto Lippi published by Argentine newspaper `El Cronista' on 8th November Page 128 of 705 © 2009 Factiva, Inc. All rights reserved. The administration was not frightened by the record high interest rates that it had to accept yesterday at the triple auction of Treasury bills aimed at securing 1.1bn pesos in financing. It is already working with the pension and retirement fund management companies (AFJPs) to set up a trust fund to raise another 500m pesos this week, which will close the financing programme for the year, not counting the announced auction timetable. The Economy Ministry's trek through the markets in November has just begun. The fact is that it will have to raise another 1.55bn pesos by the end of the month, including the remaining 900m pesos disbursement from the syndicated loan agreed on with the banks, another 400m pesos in new Treasury bonds and 250m pesos that the AFJPs will put up through the new financial trust fund (they put up half in November and the rest in December). To this must be added 100m pesos in rolled-over notes. The threemonth yield is the highest since 15th September 1999, when it hit 13.48 per cent. The one-year yield is without precedent and the six-month rate is the highest in the history of Treasury bills, although the margin over Libor [London Inter-Bank Offer Rate] is not (it was exceeded on 13th October last year when it hit 933 points). In any event, the country-risk premium rose again, albeit more modestly, reaching 915 points, 5 points higher than the previous day. The yields were 12.59 per cent on three-month Treasury bills, 13.52 per cent on six-month bills and 13.77 per cent on one-year bills. These are the discounted yields and thus the equivalent yields to maturity are 13 per cent, 14.51 per cent and 16 per cent respectively, reflecting margins over Libor of 624, 778 and 927 points. "The markets are tough for Argentina, but we will not change the rules; we will maintain the auction timetable and we will not try to force the yield," said Economy Minister Jose Luis Machinea. The yields could have been worse, since the Bank of the Nation was active in offering an interest rate lower than private banks were asking for, and it placed 200m pesos (70m pesos in six-month bills and 130m pesos in one-year bills). Finance Secretary Daniel Marx reported that the bank would make these funds available to its customers so that they can underwrite bills on the secondary market. In spite of Marx's prior agreements with the banks, the bids did not reach twice the amount being offered by the government, thus standing at the July 1999 levels. "We will always systematically comply with the timetable for issues, hence we do not plan to postpone these auctions. A postponement means a change in the rules, and the reaction would have been negative," the minister said. Page 129 of 705 © 2009 Factiva, Inc. All rights reserved. Marx emphasized that in the light of experience, next year he would try to stagger the issues more evenly over time, thus avoiding a crunch like yesterday's. Machinea did not agree with the idea put forward yesterday by his new colleague Enrique Martinez (who takes over today in the secretariat dealing with small and medium-sized businesses); Martinez suggested that the government finance itself by making use of the reserve requirements that the banks must set aside on the deposits that they take in. "If we go against the grain of the market, the situation will become untenable and we would be sending out a bad signal. Using reserve requirements would be forcing the market," he said. Marx agreed with his boss but shifted the issue to the Central Bank, which "has good reason to refuse to do this, because it is there to safeguard deposits and the solvency of the banking system", he said. The minister pointed out that yesterday's yields "will not continue for much longer because there is no reason for hysteria: the country is just as solvent as other emerging countries, or more so; the maturity of our debt is better; the local market is growing strongly, and there is no reason for problems of fiscal solvency". Source: `El Cronista', Buenos Aires, in Spanish 8 Nov 00 pp 1-3 Excerpt from report by Spanish news agency Efe Madrid, 8th November: The Spanish-Argentine multinational Repsol YPF has today announced a net profit for the first nine months of this year of 1.772bn euros [approximately 1.5bn dollars], up 204.4 per cent on the 1999 figure of 582m euros [approximately 501m dollars]... Source: Efe news agency, Madrid, in Spanish 1255 gmt 8 Nov 00 Assistance Text of report by Roberta Jansen published by Brazilian newspaper `O Estado de Sao Paulo' web site on 8th November; subheading as published Rio de Janeiro: Paulo Teixeira, coordinator of the National DST/AIDS Programme of the Health Ministry, yesterday said that if the international pharmaceutical industries do not reduce the price of medicines for the anti-AIDS cocktail, the Brazilian government is willing to produce them here even if it means violating some patent rights. Brazil currently produces eight of the non-patented medicines that make up the antiAIDS cocktail. Brazil is studying the possibility of producing four other medicines here. "If the prices don't Page 130 of 705 © 2009 Factiva, Inc. All rights reserved. fall, we will produce them," Teixeira said. To violate some international laboratories' patent rights, Brazil would resort to international agreements and domestic laws that allow such a measure in national emergency cases. The Health Ministry coordinator said that Brazil is seeking the support of other countries and it will hold a meeting with representatives of India, Russia, China, Nigeria and Bangladesh in February 2001. "The eight drugs we have been producing for the past four years have had their prices reduced by 71 per cent in this time. Now, the prices of the four medicines we still buy fell by only 9 per cent, despite the increase in consumption," Teixeira said. The international pharmaceutical industry does not only fear that Brazil could violate patent rights for domestic production. The government announced in July that it is willing to transfer medicine production technology to other developing countries and distribute small quantities of drugs produced in Brazil. Components of the anti-AIDS cocktail have already been sent to Uruguay and the Bahamas. Brazil is the only developing country that produces drugs for the anti-AIDS cocktail through public laboratories. "It is not our objective to turn into medicine exporters." According to Teixeira, the pharmaceutical industry has been spreading doubts about the quality of the medicines. For him, the greatest proof of the efficiency of the Brazilian drugs is the fact that the AIDS mortality rate in Brazil is the same as that of developing countries. Teixeira announced that Brazil is offering to host the International AIDS Conference in 2004, which is the most important event on the subject. Source: `O Estado de Sao Paulo' web site, Sao Paulo, in Portuguese 8 Nov 00 Text of "exclusive" interview with Brazilian Foreign Minister Luiz Felipe Lampreia by Luis Esnal at Itamaraty Palace (the Foreign Ministry) in Brasilia; date of interview not given; published by Argentine newspaper `La Nacion' web site on 10th November [Esnal] Brazil is being hurt by the turbulence in Argentina. Is there anything you could do to help Argentina and, at the same time help yourselves? [Lampreia] I don't think so. No-one has asked us for help. Recently, we were in Madrid with President Fernando de la Rua, Ministers Adalberto Rodriguez Giavarini [foreign minister] and Jose Luis Machinea [economy minister] and they have made no request to that effect. Page 131 of 705 © 2009 Factiva, Inc. All rights reserved. [Q] A few days ago, when Argentina launched a package of measures which included a reduction of the Common External Tariff [CET], Brazilian officials immediately stated their objection to this measure. That did not help. [A] We are prepared to study that possibility but, obviously, we have to take our interests into account. We are not prepared to make a hasty opening-up and we have a number of sectors that are vulnerable and, therefore, the tariffs for them are high. These are legitimate interests we must bear in mind. [Q] How far do you think macroeconomic convergence could really go? [A] For the time being, we can achieve convergence on the debt, public deficit and possibly inflation. We can set goals in these three areas. [Q] Since the last decade, the EU has established a single currency and has made strides in economic convergence, while Mercosur [Common Market of the South] became virtually paralysed... [ellipsis as published] [A] There has undoubtedly been a deceleration here, especially on account of the crisis of the real, but one could not draw a comparison with the EU because there you get behind the wheel of a car and could drive on a highway from Sicily to Lisbon. One can travel there in high-speed trains linking large capital cities and the gas pipelines and power grids are interconnected. There are levels of income and a number of other conditions there that we do not have. We cannot attempt to become another Europe in 10 years. We are going well, but we do not have that level of maturity and interaction. [Q] What about the Mercosur common currency? [A] If we can achieve the above three goals on convergence, I believe that within a few years we could start thinking about a common currency, gradually. Nevertheless, I do not know how soon we could do that. [Q] Other issues, like that of motor vehicles, also appear to be stagnated. [A] I believe the two sides are now taking a more pragmatic position. The two governments have been holding a dialogue in a more effective fashion. Today, I am much more optimistic than I was a month ago about reaching an agreement before the end of this year. [Q] There are more than 200 cases of misunderstanding between the United States and Canada, many more than within Mercosur. Nevertheless, Mercosur always seems to be on the brink of collapse. Why? [A] That is perhaps because here trade issues frequently are politicized and go beyond the economic Page 132 of 705 © 2009 Factiva, Inc. All rights reserved. pages of the newspapers. There are very serious conflicts within NAFTA [North American Free Trade Agreement], between the United States and Mexico; or between the United States and Japan; everyone has conflicts with everyone. Nevertheless, they are not talking about these conflicts all the time. Among us there is a certain tendency towards overplaying every dispute. [Q] Does Brazil want to emerge officially as the South American leader? [A] Brazil cannot ignore its specific weight, its GDP (which amounts to about 500bn dollars a year), its market, its size and its population, but it should not forget that it has 11 neighbouring countries and that it is not in a position to impose its will on them. [Q] It seems as though Brazil wishes to impose a soft leadership, so as not to create discomfort, but in the end it is forced into it by the aggressive US style. [A] The truth is that Brazil has sufficient strength to impose its will and decisions on other countries. Conversely, it is not part of our tradition to be interventionist regarding our neighbours. This is a 200-yearold tradition and we have no intention of departing from it. [Q] Isn't the Brazilian strategy to bring all South American countries together to negotiate with the United States the creation of the FTAA [Free Trade Area of the Americas] under advantageous terms? [A] South America consists of 12 different countries. It is difficult for all of them to have the same position on something as complex as the FTAA. I do not believe that would be possible. [Q] What would "negotiating the FTAA on good terms" entail? [A] To obtain as much preferential access as possible for our products into the United States, to improve general economic relations and so that we are not forced to concentrate all our foreign relations within the continent, excluding extracontinental relations (the EU). Source: `La Nacion' web site, Buenos Aires, in Spanish 10 Nov 00 Text of report by Mauro Zanatta for Brazilian newspaper `Valor' web site on 9th November Brasilia: In the absence of any possibility of reaching a negotiated solution to the chicken crisis, the Common Market Group (GMC) of Mercosur [Common Market of the South] has ended the debates between Argentina and Brazil and resorted to an arbitration tribunal to decide the issue. Since 24th July Argentina has imposed an anti dumping barrier against Brazilian exports. The Argentine government Page 133 of 705 © 2009 Factiva, Inc. All rights reserved. imposed a 92-cent and 98-cent minimum price per kilo for Brazilian chicken sold in Argentina. The special GMC meeting that took place in Brasilia yesterday clearly demonstrated that reconciliation between the two parties would be impossible. "We have tried everything possible in the field of negotiations but we did not get anywhere. Now we will decide through the court," said Claudio Martins, executive director of the Brazilian Association of Chicken Exporters (ABEF). Besides the Mercosur tribunal, the Brazilian government is not ruling out the possibility of taking the conflict to the WTO. Source: `Valor' web site, Sao Paulo, in Portuguese 9 Nov 00 Text of report in English by Caribbean news agency Cana St George's, Grenada, 8th November: Civil aviation ministers from the Organization of Eastern Caribbean States (OECS) are meeting in Grenada to devise ways of improving aviation standards in the sub-region. Herold Wilson, director of civil aviation for the OECS, told delegates [on] Tuesday that the US Federal Aviation Administration (FAA) was still not convinced the OECS was serious about air safety. "Since l996 the United States FAA have made three visits to the directorate and are still not convinced that we are serious about aviation safety. A fourth visit is now scheduled for the week beginning November 2000 [lack of date as received]," Wilson said. The ministers and other delegates are mandated to come up with ways of improving aviation standards and start shaping the much talked about air transport policy. Wilson did not outline specific examples but said that regional airports have often been the scene of collisions between aircraft and equipment. "At our very own airports in the OECS we have had far too many incidents of collisions between equipment and aircraft on the parking apron," Wilson said. "These accidents/incidents bring pain and suffering to loved ones and also drive up the operating and business costs of airlines," he said. The most recent incident happened over the weekend in Grenada when a woman driving a baggage tug Page 134 of 705 © 2009 Factiva, Inc. All rights reserved. crashed into a private airplane parked on the apron at Point Salines International. Wilson called for "policies and procedures to reduce if not eliminate the occurrence of `aviation related' accidents and incidents in the OECS". Source: Cana news agency, Bridgetown, in English 1946 gmt 8 Nov 00 Text of report in English by Japanese news agency Kyodo Tokyo, 8th November: Japan on Wednesday [8th November] offered support and cooperation with Caribbean countries in such areas as environmental protection, improving living conditions of the disadvantaged and helping them integrate into the global economy, the Japanese Foreign Ministry said. The Japanese government proposed the initiatives at the first ever ministerial conference between Japan and Caribbean countries in Tokyo aimed at enhancing bilateral partnerships and increasing Japan's economic cooperation with the region. Japan is considering providing some 3m dollars in assistance to the Caribbean Disaster Emergency Response Agency, via the UN Human Security Fund, to reinforce the region's disaster emergency response and rescue operation capabilities, the ministry said. It will also strengthen the Caribbean Community's (Caricom) capabilities in terms of preventing and mitigating environmental degradation, in areas including sewage treatment and marine pollution. Japan will also support the countries' efforts to improve health care, develop the primary education programme, reduce poverty, enhance gender equality and democratize the governments, according to the ministry. Tokyo will also provide training on information technology and encourage trade and tourism in the region, as well as promote exchanges with the 14 member countries of Caricom which sent cabinet ministers to attend the one-day meeting. The participants also approved a "New Framework for Japan-Caricom Cooperation for the 21st Century," which spells out their intentions to develop friendly and cooperative relations. The framework also calls for cooperation between Japan and the Caribbean countries in multilateral settings such as the United Nations and the World Trade Organization and the promotion of exchanges among the private sector. "We are entering a new era of Japan-Caricom relations as we hold the ministerial-level talks for the first time at the dawning of the new century," Japanese Foreign Minister Yohei Kono said in his opening statement. Senior State Foreign Secretary Kiyohiro Araki represented Japan during most of the conference proceedings at the Foreign Ministry. Page 135 of 705 © 2009 Factiva, Inc. All rights reserved. Caricom groups Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Haiti, Jamaica, St. Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Surinam, Trinidad and Tobago, as well as British-ruled Montserrat. The ministers from the Caribbean countries will meet with Japanese lawmakers and business leaders on Thursday and Friday before moving to Osaka to spend Saturday touring the ancient Japanese capital of Kyoto. They are scheduled to leave Japan on Sunday. Source: Kyodo News Service, Tokyo, in English 1014 gmt 8 Nov 00 Text of report published by Colombian RCN radio web site on 8th November The government and Telefonica Data Colombia, an affiliate of Telefonica de Espana, have signed a contract to develop a programme called "social Internet", which will bring the World Wide Web to 270 communities around the country after an investment of 19bn pesos (8.3m dollars). The "social Internet" programme will be launched in the first quarter of 2001 and will operate through community centres for Internet access. It will cost less than 70 cents an hour to be connected, and priority will be given to educational sites, including encyclopaedias, games and language training. According to the government, the programme will generate more than 2,000 new jobs in Colombia once it is up and running and will benefit over 2.5m Colombians in its initial six years. According to Communications Minister Maria del Rosario Sintes, the programme "will fulfil a government goal to make Internet access readily available to the general population". Sintes explained that "once all three phases of the Compartel programme have been completed, almost all Colombians (population 40m) will have Internet access". Source: Radio Cadena Nacional web site, Bogota, in Spanish 8 Nov 00 Text of report by Colombian newspaper `El Tiempo' web site on 9th November If Colombia wants to return to the path of growth and solve in the mid-and long-term its worst economic problem - unemployment - it must undertake three urgent reforms: tax, transfer and pension reform. If those adjustments are not made, national finances will not be viable, the Economic Commission for Latin Page 136 of 705 © 2009 Factiva, Inc. All rights reserved. America (ECLA) today warned. These reforms will allow the government to increase income, rationalize spending and correct the course of the public debt, which has reached explosive levels. ECLA Executive Secretary Jose Antonio Ocampo, who took part in a forum on the challenges and perspectives of Colombia, said that the magnitude of the Colombian adjustment is very big and that, therefore, it is necessary to make profound corrections. Otherwise, the debt by the year 2010 may reach 70 per cent of the Gross Domestic Product (GDP). For now, the government has already presented the reform bill on transfers and is awaiting modifications to the tax initiative, which is designed to increase tax revenues by 2bn pesos. However, the government has not submitted the pension reform bill, which is a thorny issue from the political and social standpoint. It implies reducing the future benefits of those who reach retirement age. Ocampo, who served as finance minister in the Samper administration, declared that these three reforms are not enough and that the government and monetary and foreign exchange authorities must maintain a stable macroeconomic policy, with low interest rates and a competitive foreign exchange rate. In other words, they should not devalue the peso further. For ECLA, there is another worrying thing for Colombia: while direct foreign investment in Latin America has grown, in Colombia it has declined. ECLA expressed its concern over the deterioration in the conditions for peace and the course interpretative power of the constitution has taken. "The political declaration of recognition of rights does not allow a distribution of something that does not exist," warned Ocampo, in clear reference to the Constitutional Court rulings. Source: `El Tiempo' web site, Bogota, in Spanish 9 Nov 00 Text of report by Spanish news agency Efe Quito, 10th November: The Ecuadoran Congress has passed a motion of censure today against the banking superintendent, Juan Falconi, who is accused of illegal enrichment, trafficking in influence, conflict of interest, and actions and omissions in his performance. Page 137 of 705 © 2009 Factiva, Inc. All rights reserved. The majority of congressmen who make up the Ecuadoran one-chamber Congress, in total 70 votes out of a possible 123, passed the motion of censure presented by Deputy Fernando Rosero, of the Ecuadoran Roldosist Party (PRE). The PRE was supported by the powerful Social Christian Party (PSC), independent legislators, the Pachacutik indigenous Movement (MP), the Popular Democratic Movement (MPD) and the National Integration Movement. The marathon session which began yesterday, Thursday, ended this morning after debates which were both passionate, boring and, at times, repetitious, mainly focusing on criticism of Falconi's performance and accusing the banks over the economic crisis that is affecting the country. Source: Efe news agency, Madrid, in Spanish 1112 gmt 10 Nov 00 Text of report by Caribbean news agency Cana Georgetown, Guyana, 11th November: The Guyana government announced [on] Friday [10th November] that it was lowering the consumption tax on diesel to 20 per cent, a decrease of 15 percentage points and the third reduction in the tax for this year. A joint statement from the Ministries of Agriculture, Finance and Trade said the reduction is effective from 9th November and would continue until the end of January 2001. According to the statement, the reduction will result in substantial loss of revenue to the government but was done primarily in recognition of the role the tax plays in the productive sector of the economy. "The government expects that this action to alleviate the impact of the steep international prices for diesel will be passed on to the public and will be reflected in lower wholesale and retail prices," the statement said. In March this year government lowered the tax from 50 per cent to 40 per cent. Another five per cent decrease followed in June, making it 35 per cent. In recent months, businessmen, farmers, fishermen and others in the productive sector complained that they were facing "unexpected" expenses because of the high and increasing cost of diesel. Government said it agreed this could have a negative effect on employment and the export of Guyana's products. At the pump, Guyanese currently pay about 380 Guyana dollars (or 2.11 US dollars) per gallon for diesel. It is expected that the price should now drop to around 360 Guyana dollars (or 2.00 US dollars) per gallon. Page 138 of 705 © 2009 Factiva, Inc. All rights reserved. Source: Cana news agency, Bridgetown, in English 1918 gmt 11 Nov 00 Objectives discussed Excerpt from report by Mexican newspaper `El Universal' web site on 14th November; subheading as published During talks with the chairman of the US Federal Reserve, Alan Greenspan, President-elect Vicente Fox announced plans to create three regulatory commissions, one to combat monopolies and the others for telecommunications and banking, in order to minimize the discretionary powers of the public sector in these three areas. The creation of these commissions is also intended to guarantee increased transparency and effectiveness in the incoming administration. According to information from the transition team, these commissions are intended to provide greater autonomy to the regulatory bodies that already exist so that penalties can be levied on companies that may be damaging the interests of other firms. Fox said that no specific recommendations had been made during his private meeting with Greenspan, although the US official had warned him that "we should be prepared" for a slowdown in the growth of the US economy (from 5 to 3 per cent), which could have an impact on Mexico. "We had already taken this precaution into account in our budgetary policy," Fox commented later when he was interviewed as he was emerging from a meeting with philanthropic groups. Fox explained that a slowdown in the US economy would affect growth in the Mexican economy, bringing it from levels between 6 and 7 per cent to 4.5 per cent. He also commented: "We never promised that during the first year of our administration we would have growth of 7 per cent. We said in about 2003, after we have made structural changes in the economy, after we have introduced financial reforms, which are essential for growth, and after we have brought inflation under control, which we estimate we can reduce to 3 per cent in 2003." The president-elect reiterated to Greenspan "our commitment to maintaining fiscal and financial discipline, as the best course to reduce inflation. For in order to be able to combat poverty, we need macroeconomic stability to promote microeconomic development". The Fox administration plans to create several telecommunications and banking regulatory commissions. The telecommunications commission will work with the Federal Commission on Competitiveness and the Page 139 of 705 © 2009 Factiva, Inc. All rights reserved. Federal Telecommunications Commission. The banking commission will work with the National Banking Commission, with Consar [National Commission of the Retirement Savings System], and the insurance sector. At a meeting attended by governors of 27 central banks from around the world, including the governor of Mexico's central bank, Guillermo Ortiz Martinez, Fox emphasized some of the objectives of his administration. These objectives include: simplifying the payment of taxes; increasing incentives to promote private investment and savings; reducing the weight of debt servicing; investing in human capital and making an all-out attack on poverty; and also creating micro, small and medium-sized industries. These enterprises will be a fundamental tool for generating jobs and boosting the nation's economic growth. He then announced a strategy to combat corruption and plans to deter organized crime and reduce levels of drug production, consumption and distribution. He emphasized the necessity for private capital to invest in the secondary petrochemical industry and in the electricity sector so that they can be modernized, and so that these industries will become competitive world-class companies. However, Fox did make it clear that this proposal does not mean privatizing these sectors... Source: `El Universal' web site, Mexico City, in Spanish 14 Nov 00 Text of report by Yadira Mena published by Mexican newspaper `El Economista' web site on 8th November With the termination of the negotiations between Mexico and the European Free Trade Association (EFTA), the business owners established in the country will have preferential access to 31 nations with which free trade treaties [FTTs] have been concluded. Mexico's negotiations with the EFTA, consisting of Switzerland, Norway, Iceland and Liechtenstein, were based on the agreement signed between Mexico and the European Union, hence there were only four rounds of discussions which began as recently as July. Commerce Secretary Herminio Blanco explained that when the FTT takes effect next year, 100 per cent of the exports of Mexican industrial products will have tariffs eliminated immediately. He also remarked that flexible rules of origin have been achieved for the chemical and automotive sectors, as well as for the electrical and electronic industries. Page 140 of 705 © 2009 Factiva, Inc. All rights reserved. However, a strict rule of origin was requested to promote the inclusion of components in the textile, ready-made clothing and footwear sectors. As a counterpart, Mexico will immediately eliminate the tariffs for 60 per cent of imports coming from the EFTA. There will be a 3.5 per cent elimination in 2003, and 11.7 per cent will be liberalized in 2005. Finally, in 2007, the tariffs will be eliminated for 24.9 per cent of the imports coming from that bloc. There was no negotiation for sensitive products, including cereals, meat and dairy products. Luis de la Calle, Secofi's [Commerce and Industrial Development Secretariat] deputy secretary, observed that there were three negotiations pertaining to agriculture, because bilateral negotiations were held with Switzerland and Liechtenstein, which operate with a customs union in that sector, and later, with Iceland and Norway. In these negotiations, a more favourable treatment was obtained than in the negotiations with the European Union, because there was a better access for tropical products, such as coffee, orange juice, molasses for industrial use, table grapes, beer, tequila and bananas, and for sugar there will be a tariff discount of 35 per cent. The texts will be reviewed by the legal team of Secofi and the Foreign Relations Secretariat, with the aim of having the FTT signed in Mexico during the final week of President Ernesto Zedillo's administration, in a location yet to be decided. Mexico's imports from the EFTA consist mainly of industrial products, machinery and some chemical products. Mexico granted preferential access for imports of fishing products coming from the bloc, especially for salmon, herring and cod. The per capita income in those four nations is 35,000 dollars per year, the highest in the world, and their imports during 1999 totalled 120bn dollars, of which Mexico's share was only 500m dollars. Hence, there is great potential. The Mexican Foreign Trade Council expressed its gratification at the conclusion of the EFTA negotiations, the terms of which are expected to take effect from 1st July 2001. The agency explained: "The implementation of the Free Trade Treaty with the European Union last July made it necessary to negotiate an agreement with the EFTA countries, inasmuch as this is a natural step towards integrating our country's commercial relations with nearly all the nations of the old continent." Page 141 of 705 © 2009 Factiva, Inc. All rights reserved. The most recent estimates anticipate that, by the end of this year, our country's annual exports will have exceeded 165bn dollars. Moreover, between 1995 and the first half of this year, productive investments from abroad totalling over 60bn dollars arrived in Mexico. Source: `El Economista' web site, Mexico City, in Spanish 8 Nov 00 Excerpt from report in English by South Korean news agency Yonhap on 14th November President Kim and Chilean President Lagos agreed to sign a free trade agreement soon to allow the free flow of agricultural products between the two nations to take advantage of the opposite seasons in the northern and southern hemispheres. Lagos asked Kim to make a state visit to Chile and Kim pledged that he will positively pursue a tour of Central and South American states in 2001. Kim then met [in Brunei] with Mexican President Zedillo to sign an investment guarantee treaty and agreed that they will discuss signing a free trade agreement to upgrade bilateral economic cooperation later. "The signing of the investment guarantee agreement laid the legal groundwork to promote direct investment and foster a better and more stabilized investment atmosphere," a government official said. "We recorded over 1.7bn dollars in trade surplus with Mexico in 1999 and the agreement paved the way for the development of a higher level of economic cooperation," he said... Source: Yonhap news agency, Seoul, in English 0740 gmt 14 Nov 00 Text of report by Arturo Gomez Salgado for Mexican newspaper `El Financiero' web site on 8th November The Mexican government plans to introduce a pilot programme that will recruit and select farm workers to be hired for temporary jobs in the United States. They will be given the broadest possible protection under labour laws, stated the general coordinator of international issues at the STPS [Secretariat of Labour and Social Security], Carlos Tirado Zavala. The intention behind this programme is to make use of the positive experience that has been gained from the Mexican Temporary Farm Workers Programme with Canada, which was begun in 1975 and which annually benefits over 7,500 farm workers. Of these temporary workers in Canada, 85.6 per cent come from the states of Mexico, Tlaxcala, Guanajuato, Hidalgo, Morelos and Puebla, added the STPS official. These farm workers would be hired after a cooperation accord is signed with the US government. The Page 142 of 705 © 2009 Factiva, Inc. All rights reserved. consulates would handle the immigration status of the Mexican workers and make sure that there is strict compliance with international labour laws. Tirado Zavala stated that it would be the next federal administration that will actually formalize this agreement. Although he declined to give any possible statistics on the number of farm workers who might be hired under this programme, he did say that [to get some idea of the potential numbers] it is only necessary to take a look at the enormous amount of labour that is needed during the planting and harvesting seasons in the southern part of the United States. Document bbcla00020010804dwbi003h4 Page 143 of 705 © 2009 Factiva, Inc. All rights reserved. DIARY - Energy - to December 21. 2,348 words 7 November 2000 07:04 PM Reuters News LBA English (c) 2000 Reuters Limited N2 REUTERS DIARY OF ENERGY MARKET EVENTS WEDNESDAY, NOVEMBER 8 LATHAMN, N.Y. - Plug Power Q3 results prior to 1600 GMT. WARSAW - Petroleum refiner PKN Orlen SA holds a news conference to comment on Q3 financial results, 1000 GMT. BERLIN - "Refining and Petrochemicals in Russia and the CIS Republics - 4th Annual Roundtable" (second day). LONDON - Conference on "Independent Power Production in Nigeria" (final day) THURSDAY, NOVEMBER 9 PARIS - International Energy Agency releases its monthly oil market report. SAO PAULO - Last day for companies to present documents for qualification to bid in an auction of 11 power plant concessions in Rio Grande do Sul, Rio de Janeiro, Minas Gerais and Goias. DAMASCUS - Syria Investment Forum. Speakers include Syrian Prime Minister, Finance, Oil and Electricity Ministers, representatives of International Finance Corporation, Arab Monetary Fund. Venue: Page 144 of 705 © 2009 Factiva, Inc. All rights reserved. Congress Palace. Organised by IBC Gulf Conferences +9714 336 9992 [email protected] (to November 10). PRAGUE - Unipetrol a.s. presents third-quarter consolidated results. SARAJEVO - Bosnia and the European Investment Bank sign a 60 million euro loan for the reconstruction of the power system. BERLIN - "Refining and Petrochemicals in Russia and the CIS Republics - 4th Annual Roundtable" (final day). FRIDAY, NOVEMBER 10 LONDON - Gas oil, fuel oil November contracts expire on International Petroleum Exchange. AMSTERDAM - Euroilstock Inventory Report for October. RIGA - Privatisation agency supervisory council planned ruling on a two-percent state stake sale in Latvian Gas . DAMASCUS - Syria Investment Forum (final day) SUNDAY, NOVEMBER 12 VIENNA - OPEC extraordinary conference to monitor oil market conditions. MONDAY, NOVEMBER 13 ABUJA - Annual conference of the Nigerian Association of Petroleum Explorationists (NAPE). LONDON - Conference on "E-Business for Oil and Gas". Case studies presented include ones by BP, Cap Gemini Ernst and Young, Amerada Hess, Exxonmobil, Shell, TotalFinaElf and Statoil. Venue: Mandarin Oriental Hyde Park Hotel. Organised by IQPC conferences +44 20 7430 7300 www.iqpc.co.uk(to November 15) THE HAGUE - COP 6 Environment Conference - sixth conference of the parties of the United Nations climate change convention to discuss implementation and policing of Kyoto Protocol (to November 24). Page 145 of 705 © 2009 Factiva, Inc. All rights reserved. TUESDAY, NOVEMBER 14 LONDON - 21st Annual Conference "Oil and Money". Speakers include Algerian Energy Minister Chakib Khelil, Kuwaiti Oil Minster Nasir al-Saud Sabah, CEOs of TotalFinaElf, Chevron, ENI, Statoil, KPC, Chief Economist BP Amoco. Hotel Inter-Continental, Hyde Park Corner. Contact: Deborah Melrose, International Herald Tribune +44 20 7510 5704 [email protected]. LONDON - Conference on "Managing Risk in Electricity under NETA (UK's New Electricity Trading Arrangements)". Speakers include representatives of TXU Europe, National Power, Norweb. Organised by IIR Conferences +44 20 7915 5055 HOUSTON - Gastech 2000, the 19th international conference and exhibition for the LNG, LPG and Natural Gas Industries. George R. Brown Convention Center. For information call +44 1895 454533 or e mail [email protected] (to November 17). HO CHI MINH, Vietnam - 8th Asia LPG Forum 2000. Speakers include top executives from Poten & Partners, Saigon Petro, Total Petroleum, Petrolimex Gas Company, Laos State Fuel Company, Mynamar Petrochemical Enterprise, Petroleum Authority of Thailand, Niger Delta Gas Development Company, Guangdong Gas Trade Association, Bharat Petroleum Corp. Garden Plaza ParkRoyal. Contact Dawn Seet +65 345 7322 or e-mail [email protected] (to November 15). TRIPOLI - Conference "Development and Investment in the Great Libyan Jamahiriya (Republic)". Speakers include Libyan assistant secretary for investment and external trade, sector heads from oil and gas, power, agriculture, banking, healthcare, telecommunications, transport and tourism. Organised by CWC Associates +44 20 7704 8825 [email protected] (to November 15). DUSSELDORF - UmweltKontor Renewable Energy AG news conference on the company's baltic sea offshore wind energy project, 0930 GMT MOSCOW - Media-Most group and Russian gas company Gazprom expected to announce whether they have reached agreement on settling Media-Most's debts. LONDON - Conference "E-Business for Oil and Gas" (second day - to November 15). WEDNESDAY, NOVEMBER 15 LONDON - December contract expires on International Petroleum Exchange. Page 146 of 705 © 2009 Factiva, Inc. All rights reserved. MILAN - Conference "Italian Energy - Examining Italy's reshaped energy markets" Organised by SMI conferences +44 20 7252 2222 www.smi-online.co.uk. (to November 16). BANDAR SERI BEGAWAN, Brunei - APEC (Asia-Pacific Economic Cooperation) Leaders meeting. They are expected to discuss high oil prices worldwide and to deliberate on a possible call for oil-producing nations to increase output and on ways to cope with oil fluctuations (to November 16). TRIPOLI - Conference "Development and Investment in the Great Libyan Jamahiriya (Republic)" (final day). LONDON - Conference "E-Business for Oil and Gas" (final day) HOUSTON - Gastech 2000 (Second day). LONDON - 21st Annual Conference "Oil and Money" (final day). LONDON - Conference on "Managing Risk in Electricity under NETA" (final day). THURSDAY, NOVEMBER 16 SHANGHAI - 3rd China Olefin & Polyolefins Markets conference. Speakers include top executives from Sinopec, PetroChina, Basell Polyolefins, and BP. Organised by CMT Conferences +65 346 9132, [email protected]. (to November 17) HOUSTON - Gastech 2000 (third day). MILAN - Conference "Italian Energy - Examining Italy's reshaped energy markets" (final day) BANDAR SERI BEGAWAN, Brunei - APEC (Asia-Pacific Economic Cooperation) Leaders meeting. (final day). FRIDAY, NOVEMBER 17 RIYADH - Oil producer/consumer conference hosted by Saudi Arabia. The sixth in a series of dialogues between oil producing and consuming nations first established by France and Venezuela after the 19901991 Gulf crisis (to November 18). SAO PAULO - List of qualified bidders in an auction for 11 power plants concessions due to be released. Page 147 of 705 © 2009 Factiva, Inc. All rights reserved. CHENGDU - China Gas'2000 - International conference with special focus on LNG, sponsored by China Gas Association (to November 29). HOUSTON - Gastech 2000 (final day). SATURDAY, NOVEMBER 18 RIYADH - Oil producer/consumer conference hosted by Saudi Arabia (final day) MONDAY, NOVEMBER 20 AMSTERDAM - E-Mart Energy 2000. "The Meeting Point For Energy Traders And Marketeers" Organised by Synergy. Contact: Marije Groenenboom, Project Manager +31 343 590 901 Fax +31 343 590 601 [email protected] (To November 22). ABERDEEN, Scotland - Conference "Optimising Cluster Fields" on ensuring maximum Capex and Opex gains from marginal oil and gas fields. Case histories of UK Continental Shelf, Norway, Trinidad, and latest subsea technologies. Venue: Airport Thistle Hotel. Organised by IBC Global Conferences +44 20 7453 5491 [email protected] (to November 21) ZAGREB - Extraordinary shareholders meeting of Adriatic pipeline operator Janaf, at 1100 GMT. TUESDAY, NOVEMBER 21 WASHINGTON - American Petroleum Institute weekly national petroleum report, after 2100 GMT. AMSTERDAM - Conference E-Mart Energy 2000 (Second day). ABERDEEN, Scotland - Conference "Optimising Cluster Fields" (final day). LONDON - Conference "Sakhalin Oil and Gas". (final day). WEDNESDAY, NOVEMBER 22 AMSTERDAM - Euroilstock Refinery Report for October. ALGIERS - Energy and Mining Ministry conference on energy use rationalisation (To November 23). Page 148 of 705 © 2009 Factiva, Inc. All rights reserved. WASHINGTON - Energy Information Administration weekly petroleum stocks and output data, 0900/1400 WASHINGTON - American Gas Association weekly underground storage data, 1400/1900 RIGA - Shortlisted candidates in a privatisation agency tender for financial adviser for the selloff of a state-owned stake in Ventspils Nafta oil terminal proposal deadline. AMSTERDAM - Conference E-Mart Energy 2000 (final day). THURSDAY, NOVEMBER 23 ALGIERS - The Energy and Mining Ministry conference on energy use rationalisation (final day). FRIDAY, NOVEMBER 24 GELSENKIRCHEN - Beginning of international future energies trade fair "Megawatt 2000" lasts through November 25th. MONDAY, NOVEMBER 27 LONDON - Conference on "Caspian Energy Retreat". Speakers include top officials from SOCAR, GIOC, OKIOC, Shell, Chevron, Texaco, Statoil, U.S. Department of Commerce, Russian Ministry of Foreign Affairs. Organised by CWC Associates +44 20 7704 8440 [email protected] (to November 28). LUANDA - Second Annual Conference "Oil and Gas Investments in Angola". Speakers include Angolan Petroleum, Industry and Agriculture Ministers, represenatatives of Texaco, Bouygues Offshore, Chevron, BP Angola, Halliburton. Organised by The CWC Group +44 20 7704 8825 [email protected] (to November 28). COLOGNE - Euroforum seminar on "Energy business". TUESDAY, NOVEMBER 28 LONDON - Conference "The German Electricity Market". Speakers include representatives of German Ministry of Economics, Stadtwerke Jena, Energybynet, Concorde Power. Venue: The Waldorf. Organised by IIR Conferences +44 20 7915 5055 [email protected] (to November 29). Page 149 of 705 © 2009 Factiva, Inc. All rights reserved. BEIJING - China International Environment, Renewable Energy and Energy Efficiency Conference (to December 1). SICHUAN, China - China Gas'2000. International conference with special focus on LNG, sponsored by China Gas Association (to November 29). BRIGHTON, England - "Interspill 2000" conference and exhibition of European oil spill response industry. Organised by the British Oil Spill Control Association and the Instutute of Petroleum. Contact: Pauline Ashby +44 20 7467 7100 [email protected] (to November 30). SINGAPORE - OSEA2000, The 13th Offshore South East Asia Exhibition & Conference, to be held in conjunction with RLPAsia2000, the 5th Asian International Refining, LNG & Petrochemical Technology Exhibition and Conference. Contact: Juliet Lim +65 233 8626 [email protected] (to December 1). WARSAW - EuroForum holds two-day conference on Poland's energy market. BRUSSELS - International Facility for Executives (IFE) holds conference on "Renewable Energies Biomass, hydraulic, wind and solar power", 0820 GMT (to November 29). PARIS - French oil institute IFP gives update on deep offshore reserves 1030 GMT. WASHINGTON - American Petroleum Institute weekly national petroleum report, after 2100 GMT. LUANDA - Conference "Oil and Gas Investments in Angola" (final day). LONDON - Conference "Caspian Energy Retreat". (final day) WEDNESDAY, NOVEMBER 29 LONDON - Natural gas December contract expires on International Petroleum Exchange. LONDON - Conference "Predators and Prey in the Pwer Sector - The acquisition of assets in the world's power markets". Organised by SMI conferences +44 20 7252 2222 www.smi-online.co.uk. (to November 30). WASHINGTON - Energy Information Administration weekly petroleum stocks and output data, 1400 GMT. Page 150 of 705 © 2009 Factiva, Inc. All rights reserved. WASHINGTON - American Gas Association weekly underground storage data, 1900 GMT. LONDON - Conference "The German Electricity Market" (final day). BRIGHTON, England - "Interspill 2000" conference and exhibition of European oil spill response industry (Second day). SINGAPORE - OSEA2000, The 13th Offshore South East Asia Exhibition & Conference, to be held in conjunction with RLPAsia2000, the 5th Asian International Refining, LNG & Petrochemical Technology Exhibition and Conference. (second day, to December 1) SICHUAN, China - China Gas'2000. International conference with special focus on LNG, sponsored by China Gas Association (final day). THURSDAY, NOVEMBER 30 ABUJA - Nigeria's national assembly meets to approve the appropriations bill. SAO PAULO - Auction of concessions to build and operate 11 power plants in Rio Grande do Sul, Rio de Janeiro, Minas Gerais and Goias. SAO PAULO - Auction of concessions to build and operate 11 power plants in Rio Grande do Sul, Rio de Janeiro, Minas Gerais and Goias. BRIGHTON, England - "Interspill 2000" conference and exhibition of European oil spill response industry (final day). MADRID - Gas Natural Chairman Antonio Brufau speaks in two-day seminar "Gas Trading" at 1030 GMT. LONDON - Conference "Predators and Prey in the Power Sector - The acquisition of assets in the world's power markets" (final day) SINGAPORE - OSEA2000, The 13th Offshore South East Asia Exhibition & Conference, to be held in conjunction with RLPAsia2000, the 5th Asian International Refining, LNG & Petrochemical Technology Exhibition and Conference. (third day, to Dec 1). Page 151 of 705 © 2009 Factiva, Inc. All rights reserved. FRIDAY, DECEMBER 1 MOSCOW - "Russian Energy Summit". Meeting point for leading policy-makers, investors and oil and gas executives of Russia's energy sector. Venue: The President Hotel. SINGAPORE - OSEA2000, The 13th Offshore South East Asia Exhibition & Conference, to be held in conjunction with RLPAsia2000, the 5th Asian International Refining, LNG & Petrochemical Technology Exhibition and Conference. (final day) MONDAY, DECEMBER 4 BRUSSELS - European Information Service (EIS) holds conference-debate on "Energy Options for Europe", Hotel Le Plaza (to December 5). TUESDAY, DECEMBER 5 BRUSSELS - European Union energy and industry ministers meet. BERLIN - "European Utilities Summit". Venue: Hotel Crowne Plaza. Speakers include Johannes Mater, Director General, European Commission, and top management from BG, Centrica, BP Amoco, Gasunie, Preussenelektra, RWE, Powergen and the LPX, APX and Nord Pool energy exchanges. Organised by ICBI. +44 207 915 5103 icbi - [email protected] (to December 6) WEDNESDAY, DECEMBER 6 LONDON - Conference "Iranian Petroleum - A global hydrocarbon opportunity". Venue: The Hatton. Organised by SMI conferences +44 20 7252 2222 www.smi-online.co.uk. (to December 7). BERLIN - "European Utilities Summit" (final day). THURSDAY, DECEMBER 7 BERLIN - "European Utilities Summit - e-Commerce Forum". Optional extra day to two-day "European Utilities Summit". BERLIN - The Utilities e-Commerce forum. One-day supplement to "European Utilites Summit". Venue: Hotel Crowne Plaza. Organised by ICBI. +44 207 915 5103 icbi - [email protected] Page 152 of 705 © 2009 Factiva, Inc. All rights reserved. LONDON - Conference "Iranian Petroleum - A global hydrocarbon opportunity" (final day). WEDNESDAY, DECEMBER 8 VILNIUS - Lithuanian Gas spinoff Gas Equipment to hold first EGM. MONDAY, DECEMBER 11 PARIS - International Energy Agency releases its monthly oil market report. AMSTERDAM - Euroilstock Inventory Report for November. LONDON - Annual conference on "Floating Production Systems". Speakers include representatives of U.S.'s Halliburton, Brazil's Odebrecht, Norway's Kvaerner. Marriott Hotel. Organised by IBC Global Conferences +44 20 7453 5491 [email protected] (to December 12). LONDON - UK Conference "Practically Preparing Your Business for Emissions Trading". Venue: Strand Palace Hotel (to December 12). TUESDAY, DECEMBER 12 LONDON - Gas oil, fuel oil December contracts expire on International Petroleum Exchange. LONDON - Conference "Accounting for Oil and Gas Companies". Speakers incude representatives of from Lasmo, Ernst and Young Talisman Energy. Venue: Regent's Park Marriott. Organised by IIR Conferences +44 20 7915 5055 LONDON - Annual conference on "Floating Production Systems" (final day). LONDON - UK Conference "Practically Preparing Your Business for Emissions Trading" (final day) TUESDAY, DECEMBER 13 LONDON - Conference "Taxation for Oil and Gas Companies". Speakers include representatives of Texaco, BP, the UK Inland Revenue, PriceWaterhouse Coopers. Venue: Regent's Park Marriott. Organised by IIR Conferences +44 20 7915 5055 [email protected] FRIDAY, DECEMBER 15 Page 153 of 705 © 2009 Factiva, Inc. All rights reserved. ABUJA - Nigeria's President, Olusegun Obasanjo, is expected to sign the 2001 budget. KIEV - Ukraine's Chernobyl nuclear power plant due to be closed. THURSDAY, DECEMBER 21 AMSTERDAM - Euroilstock Refinery Report for November. ------------------------------------------------------------------------------------------------------------Reuters Diary Desk Fax +44 171 542 8402. NOTE: The inclusion of diary items does not necessarily mean that Reuters will file a story based on the event. Document lba0000020010822dwb802jrj Page 154 of 705 © 2009 Factiva, Inc. All rights reserved. DIARY - Energy - to Dec 31. 2,934 words 26 October 2000 08:05 PM Reuters News LBA English (c) 2000 Reuters Limited N2 SATURDAY, OCTOBER 28 RIYADH - Conference "Opportunities in the Power Sector in the Kingdom of Saudi Arabia". Speakers include governor of Saudi Arabian General Investment Authority, Saudi Minister of Industry and Electricity and Vice Minister of Finance and National Economy. SUNDAY, OCTOBER 29 RIYADH - Conference "Opportunities in the Power Sector in the Kingdom of Saudi Arabia". (final day) MONDAY, OCTOBER 30 LONDON - Natural gas November contract expires on International Petroleum Exchange. LONDON - Conference "UK Gas Market" Speakers include representatives from Transco, regulator Ofgem, Scottish Power, Shell UK Expro, Statoil, National Power and Powergen. Venue: The Forum Hotel. Organised by IIR Conferences +44 20 7915 5055 [email protected] (to Oct 31) RABAT - Morocco issues it's first tender for an oil exploration in an offshore region between Rabat and Safi.(Date to be announced). SYDNEY - New South Wales Power and Gas conference, Merchant Court Hotel, 2300 GMT (to October 31). Page 155 of 705 © 2009 Factiva, Inc. All rights reserved. BOMBAY - Reliance Petroleum Ltd. (RPL) to announce its half yearly unaudited financial results for the year 2000/2001. CARACAS - Cuban President Fidel Castro and President Hugo Chavez sign bilateral agreement for Venezuelan oil exports with soft loans attached. BARCELONA - Gas Natural holds press conference at 0915 GMT prior to special shareholders meeting to be held at 1100 GMT. Shareholders are set to approve a plan to streamline assets of distribution unit Enagas ahead of its expected flotation. TUESDAY, OCTOBER 31 BARCELONA - Gas Natural holds special shareholder meeting to approve a plan to streamline assets of distribution unit Enagas ahead of its expected flotation, 1100 GMT. ATHENS - The 5th "Energy and Development 2000" National Congress gets under way, Grande Bretagne Hotel (to November 1). LONDON - Trade and Industry Committee hears from bosses of BP, Shell, Texaco, TotalFinaElf, Exxon and CBI on fuel duty, 1000 GMT SYDNEY - New South Wales Power and Gas conference, Merchant Court Hotel 2300 GMT (final day). LONDON - Conference "UK Gas Market" (final day) WEDNESDAY, NOVEMBER 1 LONDON - Conference "B2B Marketplaces in Oil and Gas" focusing on e-procurement. Speakers include top management of Envera, Transco, Petrocosm, energy 24.com, energyprism, theoilsite.com, Texaco, Transco, Amerada Hess. Venue: The Hatton. Organised by SMI conferences +44 20 7252 2222 www.smi-online.co.uk/B2Benergy.asp(to November 2) RABAT - Conference "Morocco and Tunisia - The emerging hydrocarbon markets of the Maghreb" Organised by SMI conferences +44 20 7252 2222 www.smi-online.co.uk. (to November 2) TEHRAN - International Workshop On Energy Efficiency in the Oil and Gas Sector (to November 2). Page 156 of 705 © 2009 Factiva, Inc. All rights reserved. WASHINGTON - Energy Information Administration weekly petroleum stocks and output data, 1400 GMT. LONDON - Trade and Industry Committee hears from Road Haulage Association, Petrol Retailers Association and Freight Transport Association on fuel duty, 1000 GMT LONDON - Trade and Industry Committee hears from National Farmers Union, Transport and General Workers Union on fuel duty, 1600 GMT THURSDAY, NOVEMBER 2 SEVILLE - Spanish Energy Club Chairman Victoriano Reinoso opens two-day international seminar on "Petroeleum and Gas in the Mediterranean Area" at 1700 GMT. Algerian Energy Minister Chekib Khelil and Spanish Foreign Minister Josep Pique give opening speech at 1730 GMT (to November 3). LONDON - Conference "B2B Marketplaces in Oil and Gas" (final day). RABAT - Conference "Morocco and Tunisia - The emerging hydrocarbon markets of the Maghreb" (final day) BERLIN - German industrial energy association (VIK) annual news conference 0930 GMT. DUSSELDORF - Allgemeine Kreditversicherungs AG news conference on "E-Commerce", 1300 GMT FRANKFURT - Emaro AG news conference to present the company as Deutsche Bank and SAP AG joint venture, 0930 GMT. FRIDAY, NOVEMBER 3 LONDON - "B2B Marketplaces in Oil and Gas" post-conference workshops. SEVILLE - Gas Natural CEO Jose Luis Lopez de Silanes speaks at 1400 GMT in last session of two-day international seminar on "Petroeleum and Gas in the Mediterranean Area". European Union Energy Commissioner Loyola de Palacio closes seminar at 1700 GMT. SATURDAY, NOVEMBER 4 TEHRAN - Conference "The Impact of the Middle East/Caspian Oil on Energy Markets". Speakers Page 157 of 705 © 2009 Factiva, Inc. All rights reserved. include Iranian Minister of Petroleum Bijan Zanganeh. Venue: IRIB Conference Centre. Contact: +9821 225 8089 [email protected] (to Nov 5) SUNDAY, NOVEMBER 5 TEHRAN - Conference "The Impact of the Middle East/Caspian Oil on Energy Markets. (final day). MONDAY, NOVEMBER 6. ISLAMABAD - Pakistan to host the Economic Cooperation Organisation ministerial conference on energy (To November 8). FUJAIARAH, United Arab Emirates - FUJCON 2000: First International Fujairah Bunkering and Fuel Oil Forum, Al Diar Siji Hotel (to November 8). ALGIERS - Energy and Mining Ministry presents technical informations and contractual terms for an international licensing round for six oil and gas exploration blocks. LONDON - Trade and Industry Committee on fuel duties with Iron and Steel Trades Confederation and British Steel Association 1500 GMT. MADRID - Spanish Energy Club holds working breakfast with Environment Minister Jaume Matas at 1300 GMT. MADRID - National Energy Commission Chairman Pedro Meroqo gives opening lesson in the 13th Energy Business Course held by Spanish Energy Club at 1730 GMT. TUESDAY, NOVEMBER 7 BERLIN - "Refining and Petrochemicals in Russia and the CIS Republics - 4th Annual Roundtable". Speakers include top management from LUKoil Slavneft, Yukos, Alliance, Rosneft, Tyumen, Gruzneft, GIOC, Ukrtatnafta and Azerikhimia and the directors of the region's 12 key refineries. Government representatives of Kazakhstan and Azerbaijan. Kempinski Hotel Bristol. Organised by the World Refining Association +44 1242 52 9090 www.theenergyexchange.co.uk(To November 9). LONDON - Conference "Independent Power Production in Nigeria". Speakers include Nigerian minister of power and steel and officials from Nigerian Gas Company, power company NEPA. Venue: Mandarin Oriental Hyde Park Hotel. Organised by CWC Associates +44 20 7704 8440 Page 158 of 705 © 2009 Factiva, Inc. All rights reserved. [email protected] (to November 8) LONDON - Conference "Post Merger Divestment, Acquisition and Consolidation in the Oil and Gas Industry". Venue: One Whitehall Place. (To November 8). WEDNESDAY, NOVEMBER 8 BERLIN - "Refining and Petrochemicals in Russia and the CIS Republics - 4th Annual Roundtable" (Second day). LONDON - Conference "Independent Power Production in Nigeria". (final day) THURSDAY, NOVEMBER 9 PARIS - International Energy Agency releases its monthly oil market report. SAO PAULO - Last day for companies to present documents for qualification to bid in an auction of 11 power plant concessions in Rio Grande do Sul, Rio de Janeiro, Minas Gerais and Goias. DAMASCUS - Syria Investment Forum. Speakers include Syrian Prime Minister, Finance, Oil and Electricity Ministers, representatives of International Finance Corporation, Arab Monetary Fund. Venue: Congress Palace. Organised by IBC Gulf Conferences +9714 336 9992 [email protected] (to November 10) BERLIN - "Refining and Petrochemicals in Russia and the CIS Republics - 4th Annual Roundtable" (final day). PRAGUE - Unipetrol a.s. presents third-quarter consolidated results. FRIDAY, NOVEMBER 10 LONDON - Gas oil, fuel oil November contracts expire on International Petroleum Exchange. AMSTERDAM - Euroilstock Inventory Report for October. DAMASCUS - Syria Investment Forum (final day) SUNDAY, NOVEMBER 12 Page 159 of 705 © 2009 Factiva, Inc. All rights reserved. VIENNA - OPEC extraordinary conference to monitor oil market conditions. MONDAY, NOVEMBER 13 ABUJA - Annual conference of the Nigerian Association of Petroleum Explorationists (NAPE). LONDON - Conference "E-Business for Oil and Gas" Case studies presented include by BP, Cap Gemini Ernst and Young, Amerada Hess, Exxonmobil, Shell, TotalFinaElf, Statoil. Venue: Mandarin Oriental Hyde Park Hotel. Organised by IQPC conferences +44 20 7430 7300 www.iqpc.co.uk(to Nov 15) THE HAGUE - COP 6 Environment Conference - sixth conference of the parties of the United Nations climate change convention to discuss implementation and policing of Kyoto Protocol. (Ends November 24). TUESDAY, NOVEMBER 14 LONDON - 21st Annual Conference "Oil and Money". Speakers include Algerian Energy Minister Chakib Khelil, Kuwaiti Oil Minster Nasir al-Saud Sabah, CEOs of TotalFinaElf, Chevron, ENI, Statoil, KPC, Chief Economist BP Amoco. Hotel Inter-Continental, Hyde Park Corner. Contact: Deborah Melrose, International Herald Tribune +44 20 7510 5704 [email protected]. LONDON - Conference on "Managing Risk in Electricity under NETA (UK's New Electricity Trading Arrangements)". Speakers include representatives of TXU Europe, National Power, Norweb. Organised by IIR Conferences +44 20 7915 5055 [email protected]. HOUSTON - Gastech 2000, the 19th international conference and exhibition for the LNG, LPG and Natural Gas Industries. George R. Brown Convention Center. For information call +44 1895 454533 or e mail [email protected] (To November 17). HO CHI MINH, Vietnam - 8th Asia LPG Forum 2000. Speakers include top executives from Poten & Partners, Saigon Petro, Total Petroleum, Petrolimex Gas Company, Laos State Fuel Company, Mynamar Petrochemical Enterprise, Petroleum Authority of Thailand, Niger Delta Gas Development Company, Guangdong Gas Trade Association, Bharat Petroleum Corp. Garden Plaza ParkRoyal. Contact Dawn Seet +65 345 7322 or e-mail [email protected] (To November 15). TRIPOLI - Conference "Development and Investment in the Great Libyan Jamahiriya (Republic)". Speakers include Libyan assistant secretary for investment and external trade, sector heads from oil and Page 160 of 705 © 2009 Factiva, Inc. All rights reserved. gas, power, agriculture, banking, healthcare, telecommunications, transport and tourism. Organised by CWC Associates +44 20 7704 8825 [email protected] (to Nov 15 LONDON - Conference "E-Business for Oil and Gas" (second day - to Nov 15) WEDNESDAY, NOVEMBER 15 ABU DHABI - United Arab Emirates Oil Minister Obaid bin Saif al-Nasseri hosts an oil exhibition. He has invited key OPEC oil ministers to attend (to 18 October). LONDON - December contract expires on International Petroleum Exchange. MILAN - Conference "Italian Energy - Examining Italy's reshaped energy markets" Organised by SMI conferences +44 20 7252 2222 www.smi-online.co.uk. (to Nov 16) TRIPOLI - Conference "Development and Investment in the Great Libyan Jamahiriya (Republic)" (final day). LONDON - Conference "E-Business for Oil and Gas" (final day) HOUSTON - Gastech 2000 (Second day). LONDON - 21st Annual Conference "Oil and Money" (final day). LONDON - Conference on "Managing Risk in Electricity under NETA" (final day. THURSDAY, NOVEMBER 16 HOUSTON - Gastech 2000 (Third day). MILAN - Conference "Italian Energy - Examining Italy's reshaped energy markets" (final day) FRIDAY, NOVEMBER 17 RIYADH - Oil producer/consumer conference hosted by Saudi Arabia. The sixth in a series of dialogues between oil producing and consuming nations first established by France and Venezuela after the 19901991 Gulf crisis. (to November 18) Page 161 of 705 © 2009 Factiva, Inc. All rights reserved. SAO PAULO - List of qualified bidders in an auction for 11 power plants concessions due to be released. HOUSTON - Gastech 2000 (final day). SATURDAY, NOVEMBER 18 RIYADH - Oil producer/consumer conference hosted by Saudi Arabia. (final day) MONDAY, NOVEMBER 20 AMSTERDAM - E-Mart Energy 2000. "The Meeting Point For Energy Traders And Marketeers" Organised by Synergy. Contact: Marije Groenenboom, Project Manager +31 343 590 901 Fax +31 343 590 601 [email protected] (To November 22). ABERDEEN, Scotland - Conference "Optimising Cluster Fields" on ensuring maximum Capex and Opex gains from marginal oil and gas fields. Case histories of UK Continental Shelf, Norway, Trinidad, and latest subsea technologies. Venue: Airport Thistle Hotel. Organised by IBC Global Conferences +44 20 7453 5491 [email protected] (to November 21) ZAGREB - Extraordinary shareholders meeting of Adriatic pipeline operator Janaf, at 1100 GMT. TUESDAY, NOVEMBER 21 AMSTERDAM - Conference E-Mart Energy 2000 (Second day). ABERDEEN, Scotland - Conference "Optimising Cluster Fields" (final day). LONDON - Conference "Sakhalin Oil and Gas". (final day). WASHINGTON - American Petroleum Institute weekly national petroleum report, after 2100 GMT. WEDNESDAY, NOVEMBER 22 AMSTERDAM - Euroilstock Refinery Report for October. ALGIERS - Energy and Mining Ministry conference on energy use rationalisation (To November 23). AMSTERDAM - Conference E-Mart Energy 2000 (final day). Page 162 of 705 © 2009 Factiva, Inc. All rights reserved. WASHINGTON - Energy Information Administration weekly petroleum stocks and output data, 0900/1400 WASHINGTON - American Gas Association weekly underground storage data, 1400/1900 THURSDAY, NOVEMBER 23 ALGIERS - The Energy and Mining Ministry conference on energy use rationalisation (final day). MONDAY, NOVEMBER 27 LONDON - Conference "Caspian Energy Retreat". Speakers include top officials from SOCAR, GIOC, OKIOC, Shell, Chevron, Texaco, Statoil, U.S. Department of Commerce, Russian Ministry of Foreign Affairs. Organised by CWC Associates +44 20 7704 8440 [email protected] (to November 28) LUANDA - Second Annual Conference "Oil and Gas Investments in Angola". Speakers include Angolan Petroleum, Industry and Agriculture Ministers, represenatatives of Texaco, Bouygues Offshore, Chevron, BP Angola, Halliburton. Organised by The CWC Group +44 20 7704 8825 [email protected] (to November 28) TUESDAY, NOVEMBER 28 LONDON - Conference "The German Electricity Market". Speakers include representatives of German Ministry of Economics, Stadtwerke Jena, Energybynet, Concorde Power. Venue: The Waldorf. Organised by IIR Conferences +44 20 7915 5055 [email protected] (to November 29) BEIJING - China International Environment, Renewable Energy and Energy Efficiency Conference (To December 1). SICHUAN, China - China Gas'2000. International conference with special focus on LNG, sponsored by China Gas Association (to November 29). BRIGHTON, England - "Interspill 2000" conference and exhibition of European oil spill response industry. Organised by the British Oil Spill Control Association and the Instutute of Petroleum. Contact: Pauline Ashby +44 20 7467 7100 [email protected] (To November 30). SINGAPORE - OSEA2000, The 13th Offshore South East Asia Exhibition & Conference, to be held in Page 163 of 705 © 2009 Factiva, Inc. All rights reserved. conjunction with RLPAsia2000, the 5th Asian International Refining, LNG & Petrochemical Technology Exhibition and Conference. Contact: Juliet Lim +65 233 8626 [email protected] (To December 1). WARSAW - EuroForum holds two-day conference on Poland's energy market. LUANDA - Conference "Oil and Gas Investments in Angola" (final day). LONDON - Conference "Caspian Energy Retreat". (final day) WEDNESDAY, NOVEMBER 29 LONDON - Natural gas December contract expires on International Petroleum Exchange. LONDON - Conference "Predators and Prey in the Power Sector - The acquisition of assets in the world's power markets" Organised by SMI conferences +44 20 7252 2222 www.smi-online.co.uk. (to November 30) SINGAPORE - OSEA2000, The 13th Offshore South East Asia Exhibition & Conference, to be held in conjunction with RLPAsia2000, the 5th Asian International Refining, LNG & Petrochemical Technology Exhibition and Conference. (second day, to December 1) LONDON - Conference "The German Electricity Market". (final day) BRIGHTON, England - "Interspill 2000" conference and exhibition of European oil spill response industry (Second day). SICHUAN, China - China Gas'2000. International conference with special focus on LNG, sponsored by China Gas Association (final day). THURSDAY, NOVEMBER 30 ABUJA - Nigeria's national assembly meets to approve the appropriations bill. SAO PAULO - Auction of concessions to build and operate 11 power plants in Rio Grande do Sul, Rio de Janeiro, Minas Gerais and Goias. SAO PAULO - Auction of concessions to build and operate 11 power plants in Rio Grande do Sul, Rio de Janeiro, Minas Gerais and Goias. Page 164 of 705 © 2009 Factiva, Inc. All rights reserved. BRIGHTON, England - "Interspill 2000" conference and exhibition of European oil spill response industry (final day). LONDON - Conference "Predators and Prey in the Power Sector - The acquisition of assets in the world's power markets" (final day) SINGAPORE - OSEA2000, The 13th Offshore South East Asia Exhibition & Conference, to be held in conjunction with RLPAsia2000, the 5th Asian International Refining, LNG & Petrochemical Technology Exhibition and Conference. (third day, to Dec 1) FRIDAY, DECEMBER 1 MOSCOW - "Russian Energy Summit". Meeting piont for leading policy-makers, investors and oil and gas executives of Russia's energy sector. Venue: The President Hotel. SINGAPORE - OSEA2000, The 13th Offshore South East Asia Exhibition & Conference, to be held in conjunction with RLPAsia2000, the 5th Asian International Refining, LNG & Petrochemical Technology Exhibition and Conference. (final day) TUESDAY, DECEMBER 5 BRUSSELS - European Union energy and industry ministers meet. BERLIN - "European Utilities Summit". Venue: Hotel Crowne Plaza. Speakers include Johannes Mater, Director General, European Commission, and top management from BG, Centrica, BP Amoco, Gasunie, Preussenelektra, RWE, Powergen and the LPX, APX and Nord Pool energy exchanges. Organised by ICBI. +44 207 915 5103 icbi - [email protected] (to December 6) WEDNESDAY, DECEMBER 6 LONDON - Conference "Iranian Petroleum - A global hydrocarbon opportunity". Venue: The Hatton. Organised by SMI conferences +44 20 7252 2222 www.smi-online.co.uk. (to Dec 7) BERLIN - "European Utilities Summit". (final day) THURSDAY, DECEMBER 7 Page 165 of 705 © 2009 Factiva, Inc. All rights reserved. BERLIN - "European Utilities Summit - e-Commerce Forum". Optional extra day to two-day "European Utilities Summit". BERLIN - The Utilities e-Commerce forum. One-day supplement to "European Utilites Summit". Venue: Hotel Crowne Plaza. Organised by ICBI. +44 207 915 5103 icbi - [email protected] LONDON - Conference "Iranian Petroleum - A global hydrocarbon opportunity" (final day) MONDAY, DECEMBER 11 PARIS - International Energy Agency releases its monthly oil market report. AMSTERDAM - Euroilstock Inventory Report for November. LONDON - Annual conference on "Floating Production Systems". Speakers include representatives of U.S.'s Halliburton, Brazil's Odebrecht, Norway's Kvaerner. Marriott Hotel. Organised by IBC Global Conferences +44 20 7453 5491 [email protected] (To December 12). LONDON - UK Conference "Practically Preparing Your Business for Emissions Trading". Venue: Strand Palace Hotel (to December 12). TUESDAY, DECEMBER 12 LONDON - Gas oil, fuel oil December contracts expire on International Petroleum Exchange. LONDON - Conference "Accounting for Oil and Gas Companies". Speakers incude representatives of from Lasmo, Ernst and Young Talisman Energy. Venue: Regent's Park Marriott. Organised by IIR Conferences +44 20 7915 5055 LONDON - Annual conference on "Floating Production Systems" (final day). LONDON - UK Conference "Practically Preparing Your Business for Emissions Trading". (final day) TUESDAY, DECEMBER 13. LONDON - Conference "Taxation for Oil and Gas Companies". Speakers include representatives of Texaco, BP, the UK Inland Revenue, PriceWaterhouse Coopers. Venue: Regent's Park Marriott. Organised by IIR Conferences +44 20 7915 5055 [email protected] Page 166 of 705 © 2009 Factiva, Inc. All rights reserved. FRIDAY, DECEMBER 15 ABUJA - Nigeria's President, Olusegun Obasanjo, is expected to sign the 2001 budget. KIEV - Ukraine's Chernobyl nuclear power plant due to be closed. THURSDAY, DECEMBER 21 AMSTERDAM - Euroilstock Refinery Report for November. ------------------------------------------------------------------------------------------------------------Reuters Diary Desk Fax +44 171 542 8402. NOTE: The inclusion of diary items does not necessarily mean that Reuters will file a story based on the event. Document lba0000020010822dwar038i7 Page 167 of 705 © 2009 Factiva, Inc. All rights reserved. CHINA TELLS NIGERIA IT WILL WRITE OFF DEVELOPING COUNTRY DEBT. 285 words 18 October 2000 OPECNA Bulletin OPECNB English (c) 2000 OPECNA CHINA IS COMMITTED TO WRITING OFF ABOUT ONE BILLION DOLLARS OF DEBT OWED IT BY DEVELOPING COUNTRIES, THE CHINESE AMBASSADOR TO NIGERIA, LIANG YINZHU, SAID HERE TUESDAY. SPEAKING DURING A COURTESY VISIT TO NIGERIA'S MINISTER OF COMMUNICATIONS, MUHAMMED ARZIKA, HE SAID THE DEBT CANCELLATION WAS AIMED AT REDUCING THE DEBT BURDEN OF DEVELOPING COUNTRIES AND TO ALLEVIATE THE SUFFERINGS OF THEIR CITIZENS. "WITH THE DEBT CANCELLATION, SUCH COUNTRIES WILL HAVE MORE MONEY TO FINANCE PROJECTS THAT WILL IMPROVE THE LIVING STANDARDS OF THEIR PEOPLE," THE ENVOY SAID. THE MINISTERS ALSO DISCUSSED WAYS OF IMPROVING BILATERAL RELATIONS BETWEEN THE CHINESE AND NIGERIAN GOVERNMENTS IN THE AREA OF TELECOMMUNICATIONS. YINZHU NOTED THAT THE ANNUAL GROWTH RATE IN CHINA WAS ABOUT NINE PER CENT, ADDING THAT ITS TELECOMMUNICATIONS INDUSTRY ACCOUNTED FOR A GREAT PART OF THE INCREASE. HE EXPLAINED THAT WITH THE DEREGULATION OF THE TELECOMMUNICATIONS INDUSTRY IN CHINA, PRICES HAD BECOME COMPETITIVE AND LOW, STATING THAT TELEPHONE LINES IN CHINA HAD INCREASED FROM 60 MILLION IN THE RECENT PAST TO 380 MILLION. "IT IS NOW EVIDENT THAT WITH GLOBALIZATION AND THE NEW WORLD ORDER, THE NIGERIAN GOVERNMENT SHOULD TAKE UP THE CHALLENGE AND ENSURE THAT NIGERIANS HAVE ACCESS TO TELEPHONE FACILITIES," HE MAINTAINED. Page 168 of 705 © 2009 Factiva, Inc. All rights reserved. RESPONDING, ARZIKA SAID CHINA'S GESTURE TO CANCEL THE DEBTS OF POOR COUNTRIES WAS COMMENDABLE. HE URGED OTHER CREDITOR NATIONS TO "FOLLOW THIS NOBLE, HUMANITARIAN ACT". HE STRESSED THAT NIGERIA WAS READY TO LEARN FROM THE CHINESE EXPERIENCE TO IMPROVE ON THE STANDARDS OF LIVING OF ITS CITIZENS. "WE INTEND TO BUILD STRONG BILATERAL RELATIONS WITH THE CHINESE GOVERNMENT SO THAT NIGERIANS CAN HAVE ACCESS TO CHEAP AND AFFORDABLE TELECOMMUNICATIONS FACILITIES," HE OBSERVED. Document opecnb0020010815dwai0018q Page 169 of 705 © 2009 Factiva, Inc. All rights reserved. China Prepared To Write Off $1 Billion In Overseas Debt - Agency 141 words 18 October 2000 08:17 AM Emerging Markets Report EM English (Copyright (c) 2000, Dow Jones & Company, Inc.) LONDON -(Dow Jones)- China will write off about $1 billion of debt owed to it by developing countries, the Chinese ambassador to Nigeria, Liang Yinzhu, said Tuesday, according to Opecna, the official news agency of the Organization of Petroleum Exporting Countries Wednesday. Speaking during a visit to Nigeria's minister of communications, Muhammed Arzika, Liang said canceling the debt would help reduce developing countries' debt burden. With the debt cancelation, these countries will have more cash to finance various projects, the envoy said, according to Opecna. Opecna also said the ministers had discussed ways of improving relations between the Chinese and Nigerian governments, especially in the area of telecommunications. -By Sally Jones, Dow Jones Newswires 44-207-842-9347 [email protected] -0- 18/10/00 12-17G Document em00000020010805dwai0047l Page 170 of 705 © 2009 Factiva, Inc. All rights reserved. China Prepared To Write Off $1 Billion In Overseas Debt - Agency 141 words 18 October 2000 08:17 AM Capital Markets Report CM English (Copyright (c) 2000, Dow Jones & Company, Inc.) LONDON -(Dow Jones)- China will write off about $1 billion of debt owed to it by developing countries, the Chinese ambassador to Nigeria, Liang Yinzhu, said Tuesday, according to Opecna, the official news agency of the Organization of Petroleum Exporting Countries Wednesday. Speaking during a visit to Nigeria's minister of communications, Muhammed Arzika, Liang said canceling the debt would help reduce developing countries' debt burden. With the debt cancelation, these countries will have more cash to finance various projects, the envoy said, according to Opecna. Opecna also said the ministers had discussed ways of improving relations between the Chinese and Nigerian governments, especially in the area of telecommunications. -By Sally Jones, Dow Jones Newswires 44-207-842-9347 [email protected] -0- 18/10/00 12-17G Document cm00000020010804dwai00pdx Page 171 of 705 © 2009 Factiva, Inc. All rights reserved. China Prepared To Write Off $1 Billion In Overseas Debt - Agency 141 words 18 October 2000 08:17 AM Dow Jones Asian Equities Report AER English (Copyright (c) 2000, Dow Jones & Company, Inc.) LONDON -(Dow Jones)- China will write off about $1 billion of debt owed to it by developing countries, the Chinese ambassador to Nigeria, Liang Yinzhu, said Tuesday, according to Opecna, the official news agency of the Organization of Petroleum Exporting Countries Wednesday. Speaking during a visit to Nigeria's minister of communications, Muhammed Arzika, Liang said canceling the debt would help reduce developing countries' debt burden. With the debt cancelation, these countries will have more cash to finance various projects, the envoy said, according to Opecna. Opecna also said the ministers had discussed ways of improving relations between the Chinese and Nigerian governments, especially in the area of telecommunications. -By Sally Jones, Dow Jones Newswires 44-207-842-9347 [email protected] -0- 18/10/00 12-17G Document aer0000020010802dwai00ek4 Page 172 of 705 © 2009 Factiva, Inc. All rights reserved. China Prepared To Write Off $1 Billion In Overseas Debt - Agency 141 words 18 October 2000 08:17 AM Dow Jones International News DJI English (Copyright (c) 2000, Dow Jones & Company, Inc.) LONDON -(Dow Jones)- China will write off about $1 billion of debt owed to it by developing countries, the Chinese ambassador to Nigeria, Liang Yinzhu, said Tuesday, according to Opecna, the official news agency of the Organization of Petroleum Exporting Countries Wednesday. Speaking during a visit to Nigeria's minister of communications, Muhammed Arzika, Liang said canceling the debt would help reduce developing countries' debt burden. With the debt cancelation, these countries will have more cash to finance various projects, the envoy said, according to Opecna. Opecna also said the ministers had discussed ways of improving relations between the Chinese and Nigerian governments, especially in the area of telecommunications. -By Sally Jones, Dow Jones Newswires 44-207-842-9347 [email protected] -0- 18/10/00 12-17G Document dji0000020010805dwai051w2 Page 173 of 705 © 2009 Factiva, Inc. All rights reserved. Arizona-Based Company Sells Unapproved HIV Product in China 2,089 words 17 October 2000 California KRTBN English Copyright (C) 2000 KRTBN Knight Ridder Tribune Business News; Source: World Reporter (TM) BEIJING--In a country with an AIDS problem that could one day outstrip Africa's, Optima Worldwide Ltd. promised hope in a pink plastic applicator. Using prominent billboards and product giveaways, the Arizona company touted its contraceptive gel, Surete, to the Chinese public as "the world's first approved product preventing AIDS" -- a seemingly miraculous microbicide that could also help prevent or even clear up other sexually transmitted diseases. But none of these claims can be substantiated, the company has admitted in interviews with the Mercury News. The gel has never been approved as an anti-AIDS product in any country, and Optima has not conducted any large-scale tests in humans to demonstrate its effectiveness. Optima said it is recalling the product in China, although it was still available in several pharmacies in Beijing as of Friday. The company said it intends to relaunch Surete as a "vaginal disinfectant" and contraceptive in China and around the world, but a new government ruling could make that difficult: After receiving inquiries from the Mercury News, the U.S. Food and Drug Administration earlier this month declared Surete an "unapproved new drug product," and ruled invalid the export certificates Optima had obtained for Surete as a contraceptive. The story of Surete is a cautionary tale for Third World countries desperate for ways to prevent the spread of AIDS -- and for medical researchers, some of whom condemn Optima for marketing an inadequately tested product to an unsuspecting public. Some researchers fear that Chinese women may have used the product in place of condoms, putting them at risk. They also worry that the company's actions could sully international research into microbicides, which are gels or creams that can kill sexually transmitted pathogens. "From a public health standpoint, to make any claim that any known product on the market prevents HIV Page 174 of 705 © 2009 Factiva, Inc. All rights reserved. other than a condom is just plain irresponsible . . . it's false security for women," said Polly Harrison, who directs the non-profit Alliance for Microbicide Development, an advocacy group in Silver Spring, Md. Although Optima said in an August press release that it was selling more than 1 million units of Surete monthly in China, its own representative in the country told the Mercury News that sales were sluggish. Optima blames "overzealous" Chinese distributors for some of the claims made for Surete. But until this summer the company's own Web site made similar claims. Officials in the privately held company defended the Web site's language by saying it was an effort to attract investors, not to mislead the public. Optima has now taken down that Web site. It also says it is changing distributors in China, is bringing in a new management team and is instituting new corporate policies regarding scientific and legal review of its products. "It is not the company's policy to be saying anywhere in the world that it (Surete) prevents the transmission of the HIV virus in humans," said Optima attorney Donald Elliott, a former FDA official. "We may eventually be able to do the science that will justify that claim." Chinese officials familiar with Surete could not be reached for comment. Although there are only 17,000 documented AIDS cases in China, the actual number is believed to be closer to 600,000 and growing by 30 percent per year. Within 10 years, scientists warn, China could have one of the world's biggest populations of HIV carriers. Knowing that an AIDS vaccine could take a decade or more to develop, many scientists now believe that finding an effective microbicide is critical in preventing the spread of AIDS in developing nations like China. The hope is that these compounds, when inserted into the vagina or rectum, would kill the human immunodeficiency virus and other sexually transmitted pathogens. Microbicide advocates say the gels are particularly important for women, who are being infected with HIV at alarming rates in the Third World and who need a way to protect themselves when their partners will not use condoms. But the search for a safe, effective microbicide has proven difficult. A large-scale study of one promising microbicide that used the well-known contraceptive ingredient nonoxynol-9 showed earlier this year that the gel actually appeared to promote the spread of HIV. Surete -- the word is French for safety or security and is pronounced soor-i-tay -- uses two different ingredients: octoxynol-9, a spermicide, and benzalkonium chloride, a chemical compound commonly used as a preservative in eye drops and as a disinfectant in Bactine. Page 175 of 705 © 2009 Factiva, Inc. All rights reserved. Optima contends that the FDA had approved Surete as a "lawfully marketed product" because it contained commonly used ingredients previously deemed safe. Indeed, it was able to obtain four export certificates on that basis from the FDA in 1999 and 2000. But after a review, the FDA said in an Oct. 6 letter that the product is, in fact, an unapproved new drug. The agency invalidated the export certificates Optima had obtained for China, India, Thailand, Taiwan, Hong Kong, the Philippines and Nigeria. Some countries require such permits before they will accept certain drugs from the United States. An Optima attorney said Monday that the company takes issue with parts of the FDA's interpretation of Surete's status but will comply with the agency's ruling while it prepares a response. Although the export certificates listed Surete as a contraceptive, Optima promoted the product almost exclusively as an HIV preventive in China. In subway stations and major shopping districts, Optima placed billboards featuring a young woman with an enigmatic expression and a cryptic slogan: "Myriad amorous feelings, safety first." (Chinese law prohibits explicit advertisements of contraceptive or other sexually oriented products.) Optima also offered some 2,000 samples of the product to newlyweds through a program sponsored by the All-China Women's Federation, a women's philanthropic and advocacy group, according to Eric Liu, a representative of the company in Beijing. In the product's delicate pink and silver packaging, Surete was described in Chinese as the "latest American scientific breakthrough . . . approved by the U.S. FDA medical regulation division." Surete, "the friend of romance," was said to be "effective against many kinds of sexually transmitted diseases such as hepatitis B, AIDS, chlamydia, gonorrhea and syphilis." In August and again on Oct. 13, a Mercury News correspondent found Surete in three of nine Beijing drugstores visited, as well as in a store that is popular with foreign tourists. The price for a single application was quite high -- 25 yuan, or about $3 -- which puts it out of reach of most Chinese citizens. Liu and clerks at several pharmacies noted that sales were slow. The Mercury News was unable to locate women who had used the product. Some microbicide researchers were aware of the claims Optima made for Surete, but they were deeply distressed to hear the company was selling it in China. Page 176 of 705 © 2009 Factiva, Inc. All rights reserved. "We're really trying to bend over backwards to do things . . . the right way, and anything that sounds as though it's being done the wrong way is of great concern and does not help a field that's really important for women," said Harrison of the microbicide alliance. In an initial interview with the Mercury News, Optima president Stephen Drake defended the company's marketing practices. "I wouldn't say that beyond a shadow of a doubt we're an HIV preventative," Drake said. "I think the tests we've done have been very interesting, very encouraging, very successful." "Some of these countries are so desperate for something that might work," Drake said. "We try to lay our cards on the table, we show them all our tests, and every country makes their own decision." China, however, had made no such decision -- at least on a national level -- when Surete came on the market. Optima says it has sought nationwide approval for Surete from China's Ministry of Health. While it awaits a ruling, the company says it gained permission in the past year from a number of provinces to sell the product in pharmacies and department stores as a "disinfectant" --an approach that a veteran pharmaceutical consultant based in Beijing and the United States described as unorthodox at best. `We have no tangible substantiation' "I was kind of appalled, personally," said Margaret Hsu of Pro Re Nata Inc., who studied Surete for a client who was considering a business venture with Optima. Hsu said. "They should have done clinical trials here before they went to market. We have no tangible substantiation as to whether it works, except by their own say-so." Despite numerous inquiries at Chinese government agencies such as the State Drug Administration and the Ministry of Health, the Mercury News could not find an official familiar with Surete. Optima referred the Mercury News to one of its representatives in China to identify officials in China who were familiar with the product, but that representative did not return phone calls. Optima provided the Mercury News with approval certificates from local health authorities in Beijing, Shandong, Heilongjiang, Ganzhou, Jianxi, Xinjiang and Shenzhen. Of the provinces that conducted their own tests, most simply noted that Surete killed germs in the test tube and approved it as a disinfectant. Another study provided by the company, conducted at China's National Research Institute for Family Page 177 of 705 © 2009 Factiva, Inc. All rights reserved. Planning, demonstrated Surete's effectiveness as a contraceptive, but did not examine its anti-HIV or anti-STD claims. In the United States, researchers found that Surete, like other microbicides in the early stages of testing, killed or inactivated HIV and other STD pathogens in a test tube. But they also noted that many compounds that show promise in a test tube prove less effective in humans. Optima provided the Mercury News with the results of several small clinical tests in patients -- one showing that the gel alleviated herpes symptoms in 63 women, and another in which Surete appeared to reduce levels of HIV in the vaginal secretions of 11 women known to be infected with the virus. Yet Surete did not impress two American microbicide researchers who performed lab tests on the gel -- a precursor to the large-scale clinical tests in humans that are typically part of the drug approval process in the United States and around the world. The researchers said other compounds in development seemed more promising, and Surete was not one of the ones chosen for further testing in their labs. "We did not see anything special. (The gel) did inactivate the HIV virus, but not in a more potent way than our standard controls," said Dr. Gustavo Doncel, director of sperm biology and contraceptive research at the Arlington, Va.-based Contraceptive Research and Development (CONRAD) Program, which is supported by the U.S. Agency for International Development. Sharon Hillier, who directs reproductive infectious disease research at the University of Pittsburgh's Magee Women's Hospital, tested Surete in the lab for its effectiveness in preventing sexually transmitted diseases such as gonorrhea and chlamydia. "We didn't find that it was the strongest one we had looked at for some of the STDS," she said. The company also faced roadblocks in trying to obtain FDA approval of Surete as an anti-HIV product. A planned National Institutes of Health trial never materialized, in part because Optima at the time was fighting with two other companies for control over Surete's formula. In 1998, the FDA told Optima to stop testing Surete in the United States because it had not filed a research progress report, according to correspondence obtained by the Mercury News. Yet none of this deterred Optima, which contends the FDA, NIH and other agencies stymied Surete's progress because they favored Optima's competitors. The company has recently renewed its push to get Surete approved in the United States as a microbicide. It intends to make an initial public offering in 2001, according to a company press release. Page 178 of 705 © 2009 Factiva, Inc. All rights reserved. When it reintroduces Surete as a "vaginal disinfectant" in China, Drake said, the new packaging will include a warning to use the product with condoms. But the FDA's recent withdrawal of Optima's export certificates could hamper the company's efforts to pursue approvals for Surete, even as a contraceptive alone, around the world. Still, Optima recently teamed with OmniComm, a Miami-based company that manages clinical trials via the Internet, and plans a large-scale study of Surete in Brazil by January. By Barbara Feder and Michael Dorgan Document krtbn00020010807dwah01wst Page 179 of 705 © 2009 Factiva, Inc. All rights reserved. FEATURES, IDEAS Will VOA extend its reach? Voice of America struggles to redefine itself in a multimedia world Kim Campbell Staff writer of The Christian Science Monitor 891 words 28 September 2000 The Christian Science Monitor CHSM ALL 16 English © 2000 Christian Science Monitor. Provided by ProQuest Information and Learning. All Rights Reserved. When Rwandan President Paul Kagame was a guest earlier this month on a new call-in show called "Straight Talk Africa," the phone lines lit up at Voice of America. For the first time, VOA was offering Africans a chance to directly ask questions of a head of state. His answers were broadcast simultaneously on TV, radio, and streamed on the Internet. It's just one example of how the government-funded VOA is moving into the future -losing its cold-war focus and embracing new technology. At VOA headquarters in Washington - a stone's throw from Capitol Hill - the organization now broadcasts in 53 languages and in three different mediums. Though the building's architecture is dated, the thinking going on inside reflects an attempt to evolve an old- fashioned radio network into a modern multimedia organization. "It's no longer good enough to deliver programs that only go one direction," says Gwen Dillard, director of VOA's Africa division. Africans in particular, she says, see media like CNN, and it fuels their expectation of what citizens can expect under a democracy - like a give and take with politicians. This summer, VOA simulcast its first live coverage on radio, the Internet, and TV from the political conventions. Next month, it plans to roll out its second Web site - voa.com - as the service aims to broaden its weekly audience of an estimated 91 million listeners. The majority of its listeners are in China, Afghanistan, Nigeria, Ethiopia, and Bangladesh. Page 180 of 705 © 2009 Factiva, Inc. All rights reserved. Once communism was a primary obstacle for VOA. Today it must battle an ever-growing field of media players -keeping pace with international competitors like BBC World Service (151 million listeners) and now also local challengers in countries it serves. "They have a very complicated transition to make from essentially a cold-war agency ... to a broadcaster that lives in the new economy," says Everette Dennis, a professor of media management at Fordham University in New York. He says in an increasingly commercial world - and with VOA's expenses - the question becomes, "What's the role of this enterprise?" VOA contributed to the free flow of information during the cold war, beaming transmissions to closed countries. Observers say it can play a similar role now, reporting on how a democracy works. "They have a unique contribution to make in the post-cold-war era because people are [asking] 'How do we do this?'," says Kevin Klose, head of NPR and former CEO of US International Broadcasting. He says there is little commercial programming that could substitute for VOA's product. "What we do would never be commercially viable for CNN or anybody else," says Sanford Ungar, VOA director since June of 1999. "I mean, you are not going to get an investor to say, 'I just can't wait to get this Uzbeck service on the air.'" Mr. Ungar is spearheading VOA's technological change - and doing some housecleaning. In February, he and the VOA's governing body cut 51 positions in the European and East Asian divisions. Ungar calls these "tough choices," but says that audiences in some areas had been declining since the end of the cold war a decade ago and no adjustments had been made. In 1994, for example, 23 percent of VOA's audience was in Central and Eastern Europe and the former Soviet Union, and 23 percent was in Africa. Now, those numbers have shifted to 10 percent and 40 percent respectively. VOA's first radio broadcast was in 1942 during World War II. In 1976, its 16-year-old charter was signed into law. Under it, the VOA is required to report news reliably and accurately, and to represent American culture and US policies. Since last fall, it has been overseen by a bipartisan board of governors. A 1948 law prohibits the VOA from broadcasting in the US (to protect citizens from propaganda - though its now available on the Web), but it is well known overseas. Villagers in Central Africa use it to tell how close rebels are, and bellhops in Hanoi use it to learn English. In Iran, people disguise satellite dishes as birdbaths. Page 181 of 705 © 2009 Factiva, Inc. All rights reserved. While radio -particularly shortwave -continues to be the backbone of VOA, audience preferences are influencing its decisions in other media, like TV. To further its television presence, VOA is asking Congress to merge it with with the government's television and film service, WORLDNET, whose resources it is already sharing. Meanwhile, it is looking for ways to stretch its $160 million budget, which has remained flat in recent years. Its new multimedia newsroom -originally scheduled to be finished by the November election -sits unfinished, waiting for more funds, among other holdups. "We don't have a domestic constituency - there's not a single member of Congress who would say that he or she will be elected or defeated on the basis of VOA appropriations," Ungar says. "This is a terrible dilemma for us, because at the same time, you get editorials in major newspapers saying the free flow ... of information across boundaries may do more to sustain the peace than the dispatch of American battleships." (c) Copyright 2000. The Christian Science Publishing Society Document chsm000020010804dw9s0050h Page 182 of 705 © 2009 Factiva, Inc. All rights reserved. Nigerian Envoy invites Pakistani businessmen to invest in Nigeria. 838 words 20 September 2000 Pakistan Press International PAPRIN English (c) 2000 Asia Pulse Pte Limited ISLAMABAD September 20 (PPI)Nigerian High Commissioner in Pakistan Mr.Adamu Danjuma Idris Waziri has invited Pakistani business community to come forward and invest their capital in Nigeria as the present government has created investment-friendly atmosphere in the country by offering lucrative incentives. "We give our firm assurance to international community that Nigeria is quite safe for them to invest",he said while addressing a seminar on `investment opportunities in Nigeria" jointly organised by the Nigerian High Commission and Islamabad Chamber of Commerce and Industry (ICCI) here. He said scores of economic missions and delegations from South Africa, the United Stated of America, Japan, China, Canmada,Venezuela and other, daily visit Nigeria,as the present government has now restored calm and peace within the country and also restored their confidence. In this connection, he referred to the recent visit of the United States President Bill Clinton, who visited Nigeria with a huge official delegation comprising 1000 people, with majority of industrialists and businessmen. He said Nigeria the 7th biggest oil producing country of the world, with rich natural resources, invites foreign investors to come forward to invest in the country as the present democratic government under the leadership of H.E. Olusegun Obasango GCFR, President, Commander in Chief of the Armed Forces of the Federal Republic of Nigeria, has created very congenial and conducive atmosphere for them. While introducing the present democratic government's economic policies which has set priority areas has now turned around the economy. These priority areas which are most favoured in the administration of government industrial incentives are Metallurgical Engineering, industires, Agriculture (Forest based and agro-allied activities,Chemical Petrochemical sector and Construction sector. He said that Pakistan and Nigeria have very close bilateral cultural and economic ties with rich natural and human resources needed to be exploited. Government can only create conducive environment and extend facilities to the investors. It is for the investors to get fruitful results from the investment policy of Page 183 of 705 © 2009 Factiva, Inc. All rights reserved. the government. He added that the existance of the market of 100 million people who require the provision of adequate communications, power and transportation services further extend the demand for investment in Nigeria. The government's stance towards the attraction of more investment resources is indicated by its resolve to expand and consolidate the economic liberalisation and globalisation. Furthermore, the government's commitment to privatise the national economy has now opened new avenues for the business community in Nigeria. He said a lot of enquiries continue to flow in to the Nigeria Investmnet Promotion Commission(NIPC) from investors visting to stake their investments in the country.The investment climate is very conducive. We are now producing the finest quality of tea and coffee in large quanitity and invite the Pakistani investors to invest in such areas, even they can establish their export businesses over there and export such items to their own country, High Commissioner of the Nigeria Embassy added. He pointed out that tele-communications, power and steel, solid minerals,maritime and railway,transportation sectors, tourism and export processing zones have been identified as areas for foreign investment, to complement the already available profitable ventures. He further deliberated that the thrust of the nation's current economic development policy as enunciated in the VISION 2010 is to make Nigeria a major industrialized nation and economic power that continually strives for sustained economic growth and development towards improving the quality of life of all the Nigerians. While referring to his visits to different Chambers of Commerce and Industry in Pakistan, he added that since he assumed the Charge, he visited various chambers and met with the leading pakistani business community and invited to visit Nigeria, for which prompt visa services would be provided to them. The Nigerian High Commissioner lauded the role of Pakistani businessmen and added that Pakistan has got a lot of expertise in telecommunication and can play most effective role in modernizing our economic system. In this connection,he added that the present Nigerian government has now liberalized the national economy and it is the investors who can get benefits from our policies. He said the Nigerian government is also trying to alleviate poverty from the country.High Commissioner added that we have lot of natural resources but are still mismanaged. In the end of his speech, he referred to the newly trends of globalization with a focus on economic Page 184 of 705 © 2009 Factiva, Inc. All rights reserved. diplomacy and underlined the need for working together seriously to solve the economic problems facing both Nigeria and Pakistan. He assued his utmost cooperation to Pakisani intending investors and said business visas will be promptly issued to them. On the occasion, President of the Islamabad Chamber of Commerce and Industry presented welcome address. He lauded the present economic policies of the Nigerian government and assued his utmost cooperation on behalf of the business community. Members of the business community also participated in the seminar and admired the efforts of the High Commissioner as very positive and constructive. Document paprin0020010816dw9k00q45 Page 185 of 705 © 2009 Factiva, Inc. All rights reserved. Factiva Energy Digest - September 20, 2000. 5,079 words 20 September 2000 Factiva Energy Digest RTEN English (c) 2000 Dow Jones Reuters Business Interactive LLC, trading as Factiva OIL & GAS HEADLINES *OPEC Says It May Raise Output an Extra 500,000 Barrels a Day in October *OPEC, Non-OPEC Added 4 Million Barrels a Day in Less Than 6 Months *OPEC President Says $40 a Barrel Would Be "Delicate" *Debate Intensifies Over Tapping U.S. Oil Reserve as Prices Skyrocket *U.S. Governors Gather for First-Ever Natural Gas Summit *American Petroleum Institute Crude Draw, Slight Heating Oil Build Bullish *Iraq Complains to U.N. About Oil Pipeline Via Saudi *Kuwait Says Iraq Trying to Foil Its Oil Projects *European Fuel-Tax Storm Still Brewing - EU May Fight Measures *Germany Plans Steps to Ease Oil-Price *France Plans Fuel Price Compensation From October 1 *Swedish Truckers Scale Back Fuel Price Blockades Page 186 of 705 © 2009 Factiva, Inc. All rights reserved. *Truckers in Israel End Fuel Protest *Russian Government Sells Stake in Oil Concern for $1.08 Billion *China National Offshore Oil Expects to Build $4 Billion Plant With Royal Dutch/Shell *Nigerian Oilworkers End Strike, Get Pay Rise POWER & UTILITY HEADLINES *Trade Group Says Utility Earnings Soared in 1999 Amid Diversification *Kepco's Fans are Undeterred by its Exposure to Surging Oil Prices REGULATORY & ENVIRONMENT HEADLINES *U.S. Electric Power Deregulation Uncertain *Commerce Department Told to Reconsider Case Filed by Small Oil Firms ************************************** OIL & GAS *OPEC Says It May Raise Output an Extra 500,000 Barrels a Day in October JAKARTA (Dow Jones) - The Organization of Petroleum Exporting Countries may increase oil output another 500,000 barrels a day in October if crude oil prices don't fall from 10-year highs, said OPEC Secretary-General Rilwanu Lukman. First he said, OPEC has to see the market's reaction to the scheduled 800,000 barrel a day increase effective Oct. 1. Crude oil has rallied during the previous three sessions before Wednesday, gaining more than three dollars a barrel and setting a series of 10-year highs; the latest was Monday's intraday high of $37.15. Experts said the market's sentiment has changed little since OPEC agreed last week to raise production quotas by 800,000 barrels a day. The market has viewed that output increase as insufficient to bring down oil prices in the short term. Page 187 of 705 © 2009 Factiva, Inc. All rights reserved. OPEC, which has raised production quotas three times this year in an unsuccessful effort to restrain prices, is determined to bring prices down to the level of $22 to $28 a barrel, the group's president, Ali Rodriguez, said. If prices remain above the OPEC basket price band of $22-$28 a barrel, Mr. Lukman said, then another increase in output targets late October is possible before the next OPEC ministerial meeting Nov. 12 in Vienna. "We don't even have to have a meeting," Mr. Lukman said. *OPEC, Non-OPEC Added 4 Million Barrels a Day in Less Than 6 Months SINGAPORE (Dow Jones) - The Organization of Petroleum Exporting Countries, or OPEC, and nonOPEC members have released more than 4 million additional barrels of crude oil a day to the world's crude market in less than six months, Rilwanu Lukman, OPEC's secretary general, said Wednesday in a CNBC interview. Speaking by telephone from Jakarta, Lukman said oil producers have released "a hell of a lot of oil in such a short time," and prices should come down. OPEC countries have the capacity to produce up to 2 million barrels a day of crude over current levels, Lukman said. "In due course, all other things being equal, prices should fall to the level we are looking for," he said, without specifying what that level is. OPEC has released "more than 3 million (additional) barrels a day in the past six months," he added. Lukman attributed current high crude prices to "speculative manipulation in the futures market." Lukman reiterated the terms of OPEC's price band mechanism, by which the organization's members will increase crude production by an additional 500,000 barrels a day if the price of OPEC's benchmark basket of crudes trades over $28 a barrel for more than 20 consecutive days, beginning Oct. 1. *OPEC President Says $40 a Barrel Would Be "Delicate" CARACAS (Reuters) - OPEC President, Venezuela's Ali Rodriguez, said Tuesday that if sizzling oil prices reach $40 a barrel, oil markets would be facing a "delicate" but not necessarily an "emergency" situation. "If prices reach $40 it would without doubt be a delicate situation. If it is permanent then it would be an emergency but if it's temporary then it wouldn't be," he told reporters. U.S. light crude futures on Monday set a post-1991 Gulf War peak of $37.15 a barrel, but on Tuesday, sliced as much as 55 cents off to trade at $36.25. Rodriguez' comment however saw the barrel pare losses with to trade up to $37.00. Rodriguez said that OPEC members, excluding Iraq, should have restored oil supply by the third quarter Page 188 of 705 © 2009 Factiva, Inc. All rights reserved. of 2001 to the level it was at before the 4.3 million barrels a day output cuts of 1998 and 1999 that lifted oil prices from 13-year lows. OPEC has restored about 3.2 million barrels a day of the output cuts in a series of production hikes this year. *Debate Intensifies Over Tapping U.S. Oil Reserve as Prices Skyrocket WASHINGTON (Dow Jones) - As oil prices climb toward $40 a barrel, debate is intensifying within the Clinton administration over whether to ease the economic and political pain by tapping into the government's emergency oil reserve, Wednesday's Wall Street Journal reported. The potential advantages are clear: The rare use of the Strategic Petroleum Reserve could help cap, at least temporarily, soaring fuel prices at a time when the economy appears to be slowing, slumping corporate profits are spooking Wall Street, and the November elections loom. But some officials remain reluctant, arguing the government action might distort the workings of the free market for oil, possibly increasing the chances of future shortages. There is also concern that the government has only a limited ability to move oil prices, and that attempting to do so now would reduce the impact of tapping the reserve during a more a serious crisis, such as if Iraq's current saber-rattling against Kuwait turns more serious. Officials are also weighing the political risks both abroad and at home. Suddenly dumping governmentowned oil on the market could undermine efforts to enlist Saudi Arabian help in increasing the supply of oil, U.S. diplomats fear. *U.S. Governors Gather for First-Ever Natural Gas Summit WASHINGTON (Reuters) - With crude oil prices at 10-year highs, governors from 37 states will gather on Wednesday to discuss another energy threat - soaring natural gas prices that could boost consumer heating bills by 50% this winter. The unprecedented meeting of state officials and energy company executives in Columbus, Ohio will focus on natural gas prices and what can be done to keep supplies flowing smoothly. Industry experts have cautioned that if this winter has severe or unusually cold weather, prices will jump sharply. That would leave factories - which account for 40% of U.S. natural gas demand - and homeowners with a potential headache. Prices for natural gas futures on the New York Mercantile Exchange have set record highs in recent days. Prices have risen above $5.30 a million British thermal units, double last year's price. The jump in natural gas prices comes at the same time that U.S. oil supplies are dwindling and pushing Page 189 of 705 © 2009 Factiva, Inc. All rights reserved. heating oil prices sharply higher. On Monday, U.S. crude oil futures briefly topped $37 a barrel, the highest since the Gulf War a decade ago. Even though industry experts point to ample near-term supply and a reinvigorated long-term production effort - stock levels are below last year and current output is running close to capacity. But these same industry players contend that current price inflation can be traced to the summer of 1998 when U.S. crude oil prices dropped to $10 a barrel and energy companies slashed drilling at a time demand for fuel kept increasing. *American Petroleum Institute Crude Draw, Slight Heating Oil Build Bullish NEW YORK (Reuters) - A two-million-barrel fall in U.S. crude stocks and the modest rise of heating oil inventories shown in Tuesday's American Petroleum Institute weekly report may lead to fresh 10-year highs for crude prices on Wednesday, oil analysts said. National crude stocks fell 2.03 million barrels in the week ended Sept. 15 as foreign crude imports ran well below recent weeks. After-hours ACCESS trading Tuesday evening on the New York Mercantile Exchange showed October crude at $36.96 a barrel, up 45 cents from Tuesday's regular trading settlement. The 10-year high posted Monday was $37.15 a barrel, which can easily be challenged on Wednesday, several analysts said. They added that with Wednesday being the last day for trading on the October futures contract, prices are likely to make wide swings. Crude imports fell from about 9.4 million barrels a day to 8.7 million barrels a day, the API said. After the API figures were released, October heating oil prices were up 1.09 cents to $1.03 a gallon. Gasoline prices rose a half cent to 96.80 cents a gallon. Also seen as bullish was the drop of PADD 1 (East Coast) distillate stocks by 1.4 million barrels. But this drop is bullish for jet fuel and diesel prices and not for closely watched heating oil. There was no relief for consumers wanting to avert high heating oil bills this winter. Heating oil stocks in PADD 1 rose 704,000 barrels in the week but are still down a whopping 23.7 million barrels from this time a year ago. That's down 50%. *Iraq Complains to U.N. About Oil Pipeline Via Saudi BAGHDAD (Reuters) - Iraq confirmed on Tuesday it had written to U.N. Secretary-General Kofi Annan complaining about damage inflicted on the Iraqi-Saudi pipeline because of the suspension of oil exports since 1990. The Iraqi News Agency said a letter had been presented to Annan by Iraq's United Nations Page 190 of 705 © 2009 Factiva, Inc. All rights reserved. ambassador Saeed Hasan in which Baghdad held the Saudi government responsible for the damage caused by suspension of oil exports via the pipeline. "Iraq holds the Saudi regime responsible for the damage inflicted on the Iraqi pipeline which extends in the Saudi territory to the Red Sea because of suspension of oil exports since August 13, 1990," INA said. "Export via the pipeline was suspended under the will of the Saudi side claiming that storage capacity of al-Moajjez terminal was full," the letter said. The Iraq-Saudi pipeline was shut down immediately after the imposition of the United Nations sanctions against Iraq in August 1990. The pipeline, which used to carry Iraqi crude to the Red Sea, was commissioned in September 1989 according to the Iraqi letter with a total capacity of 1.6 million barrels a day. *Kuwait Says Iraq Trying to Foil Its Oil Projects KUWAIT (Reuters) - Kuwait said on Tuesday that former occupier Iraq had launched accusations against it in an attempt to foil its plan to develop oilfields close to their mutual border with the help of major oil companies. "Maybe Iraq feels that its interests are against the development of the northern fields, over which the Kuwaiti government is seeking to reach a deal with foreign companies," Minister of State for Foreign Affairs Suleiman al-Shaheen said. The minister was speaking late on Tuesday night at Kuwait's journalists' society. Kuwait is seeking to double output to 900,000 barrels a day from northern fields by allowing foreign oil firms to operate wells for the first time since fully nationalizing the petroleum sector in 1980. Shaheen expressed his country's gratitude for the "clear reaction" by allies to claims this month by Iraq that its much smaller neighbor was stealing its oil from a border field. The accusations were a reminder of claims made by Iraq weeks before its invasion of Kuwait on August 2, 1990. The United States promptly warned Iraq of military action if it threatened its neighbors. *European Fuel-Tax Storm Still Brewing - EU May Fight Measures Europe's fuel-tax protests have by and large subsided, but could the quiet be merely a lull in the storm? That will depend a lot on the European Commission, as well as governments in London and Berlin. The commission has started an inquiry into tax breaks and subsidies which several countries granted to road Page 191 of 705 © 2009 Factiva, Inc. All rights reserved. haulers to convince them to drop the protests that congested Europe's roads this month, the Wall Street Journal reported. If it rules that the measures constitute unfair subsidies - "state aid" in European Union jargon - it has the power to cancel them and demand repayment. That, says an EU official, could provoke "another big fight" with truckers. Even if the concessions stand, protesters may be back in the streets before long. British truckers ended their blockades Thursday giving the government 60 days to cut gasoline taxes, the highest in Europe. But Finance Minister Gordon Brown continued to take a hard line on the protests, telling The Times newspaper that the government would not be pressured into changing tax policy. His statement sparked panic-buying of gasoline yesterday. (While ruling out across-the-board cuts in gas taxes, however, Mr. Brown left the door open to offer truckers fuel-duty rebates and cuts in the vehicle tax - details may come in November's pre-budget statement.) While the German government still vows to stick with a planned increase in energy taxes, it could announce as early as today two billion marks ($4.58 billion) worth of measures aimed at reducing the burden of rising fuel costs. The legislative package, which will be discussed at a regularly scheduled cabinet meeting today, will likely include an increase of a tax-deductible allowance for commuters, as well as financial assistance to defray higher heating costs expected this winter. But that may not be enough to prevent a resumption of protests in Germany. *Germany Plans Steps to Ease Oil-Price The German government could announce as early as today measures amounting to two billion marks (1.02 billion euros) to lessen the burden on the country from the more than trebling of oil prices in the past year, the Wall Street Journal reported. The legislative package, which will be discussed today at a regularly scheduled cabinet meeting, will likely include an increase of a tax-deductible allowance for all commuters, as well as financial assistance to defray higher heating costs expected this winter. The government insisted again, however, that it wouldn't back down from its planned increase in energy taxes. The development comes as governments across Europe struggle to quell unrest from the recent spike in oil prices. As the varied responses during the past 10 days show, despite a common currency, Euroland is far from united on how to cope with its first real crisis since the introduction of the euro 20 months ago. "We won't be able to strengthen the euro if we don't strengthen efforts to forge common policies," said Spanish Finance Minister Cristobal Montoro in an interview Tuesday. European governments "should maintain a coordinated policy on oil," he added. "It doesn't help if one country takes unilateral action." Ernst Welteke, president of the Bundesbank and a council member of the European Central Bank, said the lack of unanimity to date is "regrettable," and called for more coordinated measures. Page 192 of 705 © 2009 Factiva, Inc. All rights reserved. *France Plans Fuel Price Compensation From October 1 PARIS (Reuters) - The French government, grappling with discontent over fuel prices, will apply tax compensation measures from October 1, knocking current prices at the petrol pump by 0.20 francs a liter on average, ministry sources said. The fuel price measures are part of the 2001 budget bill presented to cabinet on Wednesday morning. The budget bill is based on the hypothesis of a euro worth $0.95 next year and world oil prices of $25.8 a barrel, the finance ministry sources said. The current price of a liter of high grade petrol in Paris petrol stations is about eight francs a liter, taxes included. *Swedish Truckers Scale Back Fuel Price Blockades STOCKHOLM (Reuters) - Swedish truckers scaled back their diesel price protests at two of Sweden's main ports on Wednesday, but the main blockade at Gothenburg remained in place, port spokesmen said. "They are still there. Nothing has changed from the last few days," Gothenburg Port spokeswoman Ann Flyning said. Truckers at Stockholm port withdrew their blockade, with only a dozen or so remaining to protest at the main entrance. "They are just standing there demonstrating. They are not blocking anything," Stockholm port Operational Manager Bo Araskog said. And it was business as usual at the southern port of Malmo. "There's nothing at all in Malmo today," a spokeswoman said. The Swedish actions, which had threatened fuel supplies and forced carmakers Volvo and Saab to curb production at their factories, followed similar protests elsewhere in Europe as oil prices neared 10 year peaks. The truckers want the government to scrap a proposed tax increase of 0.10 crowns and to cut the present tax by 1.12 crowns a liter. Wednesday's 2001 budget however went ahead with the diesel tax increase. *Truckers in Israel End Fuel Protest JERUSALEM (Reuters) - Israeli truckers, saying the government had met their demands, ended a day of protest against high fuel prices on Tuesday after mounting a "go-slow" cavalcade along Israel's main north-south road. The truckers' association, known as the Israel Road Transport Board, said in a statement that Finance Minister Abraham Shohat had agreed to adjust the price of diesel fuel each month based on an international average. Page 193 of 705 © 2009 Factiva, Inc. All rights reserved. In Israel, retail fuel prices are regulated by the government and until now have been adjusted every two weeks. Extending that to once a month means truckers will not be faced with increases so often if international oil prices continue to rise. "We were able to respond to the request...to desist from the protest activities and return to regular work," the truckers' association said. Israel already levies a relatively low 5% excise tax on diesel fuel compared with a 48% tax on unleaded petrol. Israeli Transport Minister Amnon Lipkin-Shahak had said earlier the government was powerless to lower the pump price on fuel. A finance ministry spokeswoman told Reuters after the truckers ended their protest: "The ministry has not agreed to lower taxes - there is nothing to lower - and the pump price won't go down." *Russian Government Sells Stake in Oil Concern for $1.08 Billion MOSCOW (Dow Jones) - The Russian government auctioned off an 85% stake in oil company Onako for $1.08 billion to a company affiliated with Russia's Tyumen Oil Co. and its parent Alfa Group holding company. Russia has been criticized by both domestic and foreign investors for earlier privatizations in which many companies went to politically connected buyers for fire-sale prices. The sale of Onako had been closely watched as a sign of whether President Vladimir Putin and his government were committed to creating a level playing field for investors. The sale was "honest, open, and absolutely competitive," said Vladimir Malin, the chairman of the Federal Property Fund. Some analysts said the results of the sale bodes well for the government's efforts to restore its reputation. "It was a very good price for the government, and shows that privatization in Russia is much more transparent than before, and that no political (intrigue) can help people win auctions," said Dmitry Avdeev, oil analyst at Moscow-based investment bank United Financial Group. The winning bid from among the four competing companies came from Yevrotek, which outbid the $1 billion offered by Profit House, an alliance between Yukos and Sibneft oil companies. *China National Offshore Oil Expects to Build $4 Billion Plant With Royal Dutch/Shell JAKARTA (Dow Jones) - The president of China National Offshore Oil Corp. said Wednesday that the state-owned company will sign a joint venture agreement with Royal Dutch/Shell Group by the end of October to develop a $4 billion petrochemical plant in Guangdong province. Page 194 of 705 © 2009 Factiva, Inc. All rights reserved. Wei Liucheng said CNOOC will own 45% of the petrochemical plant, Shell (RD SC) 50%, and local Guangdong petrochemical companies the remainder. The petrochemical plant will produce ethylene. Mr. Wei confirmed that CNOOC plans to list its shares in New York and Hong Kong in the first quarter of next year. "CNOOC plans to list in New York and Hong Kong in the first quarter of 2001," he said. "I don't know how much we want to raise in terms of proceeds, but we plan to offer 25% of total shares," Mr. Wei said on the sidelines of an energy seminar in Jakarta. The company is aiming to raise between $1-$2 billion through the offering, industry executives say. CNOOC is China's major offshore oil operator with annual production capacity standing at 160 million metric tons. Shell and CNOOC are already in talks to cooperate on natural gas distribution, offshore oil and gas exploration and development, as well as building China's first liquefied natural gas project in Guangdong province. *Nigerian Oilworkers End Strike, Get Pay Rise LAGOS, Nigeria (Reuters) - Nigerian oil workers agreed on Tuesday to end their six-day-old strike after winning a major concession from employers to raise their salaries. The white-collar PENGASSAN and blue-collar NUPENG oil workers' unions said at the end of a seven-hour meeting with the managements of the oil marketing companies held in Lagos, that the workers would return to their posts on Wednesday. "The workers have been offered a satisfactory percentage increase in their salaries. It is on this basis that the strike has been called off," General Secretary of NUPENG, Joseph Akinlaja, told Reuters. When reminded that the workers defied an earlier directive by the unions to suspend the strike, Akinlaja said: "The last directive was not based on an agreement, but an appeal. But now we have an agreement and so it will be effective." The oil workers began the strike last Wednesday to press home a demand for a pay rise to reflect the new monthly minimum 7,500 naira ($73) wage approved for federal civil servants last May by President Olusegun Obasanjo. Obasanjo ordered the oil workers earlier on Tuesday to immediately resolve their pay dispute and end the strike or risk government intervention. *Talisman Energy to Buy Midstream Assets From TransCanada Pipelines CALGARY (Dow Jones) - Canadian oil and natural gas company Talisman Energy Inc. said Tuesday it Page 195 of 705 © 2009 Factiva, Inc. All rights reserved. has agreed to buy the pipeline systems of Central Foothills Gas Gathering and Columbia Minehead Gas Gathering from subsidiaries of TransCanada PipeLines Ltd. for about $97 million to boost revenue. Talisman (TLM) said the two gas gathering systems include more than 186 miles of pipe and connect parts of the Western Canada Basin and several major sour gas processing facilities. The purchase is expected to provide cash flow of almost $20 million after taxes in 2001, Talisman said. Talisman said it expects to produce about 770 million cubic feet of gas a day in Canada this year, an increase of 13% over 1999. ************************************** POWER & UTILITY *Trade Group Says Utility Earnings Soared in 1999 Amid Diversification WASHINGTON (Dow Jones) - U.S. utility companies enjoyed a robust 1999 as earnings jumped 39% over 1998, partly because the industry relied less on power-related activity for revenue, according to a report from the Edison Electric Institute. The trade group - which represents most investor-owned utilities - released a 1999 financial review that painted a picture of an industry in flux, as utilities react to competitive pressures with rapid consolidation and diversification. Non-electricity activities accounted for 43% of the utilities' revenue last year, an increase from 37% in 1998, EEI reported, citing increased diversification into telecommunications, home security, fuel cells, and other unregulated businesses. "The overall trend of an industry traditionally dominated by electric revenues is changing," the report said. "Electric revenues decreased from a 62.8% share of total revenues in 1998 to a 57% share in 1999 Since 1997, utilities have auctioned off more than 73,000 megawatts of generating capacity, "The industry is moving from the regulated market of the past century to the defining characteristics that will dominate the new century," the report said. Total 1999 revenues increased 10%, to $325.6 billion, as net income rose more than 23% to a record $21.5 billion, EEI reported. The group said solid growth pushed earnings to $2.11 a share last year as the industry delivered nearly 2.5 gigawatt-hours of electricity. *Kepco's Fans are Undeterred by its Exposure to Surging Oil Prices SEOUL - Surging oil prices haven't damped the enthusiasm of some analysts and fund managers for Page 196 of 705 © 2009 Factiva, Inc. All rights reserved. Korea Electric Power Corp., the Wall Street Journal reported. Kepco says it imports more than 95% of the crude oil it uses to generate power. That may seem to make the surge in crude prices to 10-year highs above $35 (41 euros) a barrel enough to cloud the utility's outlook, despite its near-monopoly as a provider of electricity services in South Korea. Yet some still rate the stock a buy, arguing in part that increases in electricity fees - which are set by the government, holder of 52.2% of the company - will offset the unexpectedly high cost of imported oil. Last week, cabinet ministers said the government may raise electricity fees by 50% starting in October for high-consumption households, defined as those using more than 300 kilowatt-hours a month. The government also plans to raise retail electricity prices for industrial use, which accounts for 60% of the country's total electricity consumption, by an average of 5%. The move to raise electricity rates is part of the government's drive to curb oil consumption. The prospect of a prolonged stretch of high oil prices is stoking inflation concerns, because South Korea doesn't produce a drop of its own oil. The government said Tuesday that an average oil price of $30 a barrel would shave $1 billion from its estimate of a $10 billion current-account surplus this year, and result in a surplus or deficit of about $1 billion next year. "Considering the government's plan to raise electricity prices, the oil-price hikes are quite manageable," says Kim Hocheol, a senior analyst at Credit Suisse First Boston in Seoul. Mr. Kim says an average oil price of $30 a barrel this year would cost Kepco 305 billion won (315.4 million euros) in net profit. To compensate, Kepco needs about a 1.8% increase in electricity fees, he says. He expects electricity rates to increase roughly 5%, allowing Kepco to register a big increase in net profit. Including asset sales, Mr. Kim estimates Kepco's net profit will climb 55% this year to 2.28 trillion won. *************************************** REGULATORY & ENVIRONMENT *U.S. Electric Power Deregulation Uncertain WASHINGTON (Reuters) - A new report released on Tuesday said efforts to deregulate North American electric markets has been a prolonged and confusing transition for the $230 billion power industry. The report from Arthur Andersen Consultants and the Cambridge Research Associates (CRA) said recent problems in the California electricity system and extremely volatile energy prices have raised public concern about the industry's ability to deliver reliable service at affordable costs. Page 197 of 705 © 2009 Factiva, Inc. All rights reserved. "The most important case in point is California, where recent system failures are not a surprise because the trends indicated a reliability crisis would happen, the only question was when," said Larry Makovich, CRA senior director for electrical power. Some 24 states and the District of Columbia have acted to open their retail power markets to competition. Congressional efforts to pass legislation to restructure all the nation's electric markets have stalled thus far. The report warned that the doubling of natural gas prices in the last year displayed a "surprising disconnect" between the amount of new gas fired generation plants that are planned and the lack of new natural gas discoveries to fuel the plants. Although natural gas is currently the popular fuel of choice for power plants, mainly because it is environmentally clean, high gas prices may encourage plants to switch to other less expensive fuels. *Commerce Department Told to Reconsider Case Filed by Small Oil Firms WASHINGTON (Dow Jones) - The Court of International Trade ruled the Commerce Department should reconsider an antidumping petition brought against four of the top foreign suppliers of crude oil to the U.S. Judge Thomas J. Aquilino, Jr. of the New York-based court issued a summary opinion in favor of Save Domestic Oil Inc., or SDO, a coalition of small U.S. oil producers. The judge found the Commerce Department's decision to dismiss SDO's petition for lack of support from the domestic industry was "not in accordance with the law," said Jahna Hartwig, a clerk for the judge. The group's petition was rejected by Commerce in 1999. It sought tariffs based on the allegation that Mexico, Venezuela, Iraq and Saudi Arabia dumped oil on the U.S. market in 1998 to purposely drive down prices and run U.S. producers out of business. The petition claimed that Iraqi, Mexican, Saudi and Venezuelan oil companies were selling oil in the U.S. at prices below the cost of production. It also charged that the governments in those countries were unfairly subsidizing oil production. Countries guilty of such subsidies are subject to tariffs of 33% to 157% on their crude-oil exports to the U.S. The four countries denied the charges in the petition which was filed as the petroleum industry particularly in the U.S. - was being downsized due to falling crude prices which reached $10 a barrel in late 1998. Prices have since recovered to attain post Gulf war highs of over $35 a barrel and so have prospects for the industry. Page 198 of 705 © 2009 Factiva, Inc. All rights reserved. ************************************** Full versions of these and other energy stories are available from Dow Jones Interactive and Reuters Business Briefing ************************************** Factiva Contact: Marc Donatiello, +1 609-520-7834, [email protected]. (c) Copyright 2000, Dow Jones Reuters Business Interactive LLC, trading as Factiva Homepage Address: http://www.factiva.com. Document rten000020010815dw9k0005s Page 199 of 705 © 2009 Factiva, Inc. All rights reserved. Nigerian Envoy invites Pakistani businessmen to invest in Nigeria. 839 words 19 September 2000 Pakistan Press International PAPRIN English (c) 2000 Asia Pulse Pte Limited ISLAMABAD September 19 (PPI)Nigerian High Commissioner in Pakistan Mr.Adamu Danjuma Idris Waziri has invited Pakistani business community to come forward and invest their capital in Nigeria as the present government has created investment-friendly atmosphere in the country by offering lucrative incentives. "We give our firm assurance to international community that Nigeria is quite safe for them to invest", he said while addressing a seminar on `investment opportunities in Nigeria" jointly organised by the Nigerian HIgh Commission and Islamabad Chamber of Commerce and Industry (ICCI) here Tuesday. He said scores of economic missions and delegations from South Africa, the United Stated of America, Japan, China, Canmada,Venezuela and other, daily visit Nigeria, as the present government has now restored calm and peace within the country and also restored their confidence. In this connection, he referred to the recent visit of the United States President Bill Clinton, who visited Nigeria with a huge official delegation comprising 1000 people, with majority of industrialists and businessmen. He said Nigeria the 7th biggest oil producing country of the world, with rich natural resources, invites foreign investors to come forward to invest in the country as the present democratic government under the leadership of H.E. Olusegun Obasango GCFR, President, Commander in Chief of the Armed Forces of the Federal Republic of Nigeria, has created very congenial and conducive atmosphere for them. While introducing the present democratic government's economic policies which has set priority areas has now turned around the economy. These priority areas which are most favoured in the administration of government industrial incentives are Metallurgical Engineering, industires, Agriculture (Forest based and agro-allied activities, Chemical Petrochemical sector and Construction sector. He said that Pakistan and Nigeria have very close bilateral cultural and economic ties with rich natural and human resources needed to be exploited. Government can only create conducive environment and extend facilities to the investors. It is for the investors to get fruitful results from the investment policy of Page 200 of 705 © 2009 Factiva, Inc. All rights reserved. the government. He added that the existance of the market of 100 million people who require the provision of adequate communications, power and transportation services further extend the demand for investment in Nigeria. The government's stance towards the attraction of more investment resources is indicated by its resolve to expand and consolidate the economic liberalisation and globalisation. Furthermore, the government's commitment to privatise the national economy has now opened new avenues for the business community in Nigeria. He said a lot of enquiries continue to flow in to the Nigeria Investmnet Promotion Commission(NIPC) from investors visting to stake their investments in the country.The investment climate is very conducive. We are now producing the finest quality of tea and coffee in large quanitity and invite the Pakistani investors to invest in such areas, even they can establish their export businesses over there and export such items to their own country, High Commissioner of the Nigeria Embassy added. He pointed out that tele-communications, power and steel, solid minerals, maritime and railway, transportation sectors, tourism and export processing zones have been identified as areas for foreign investment, to complement the already available profitable ventures. He further deliberated that the thrust of the nation's current economic development policy as enunciated in the VISION 2010 is to make Nigeria a major industrialized nation and economic power that continually strives for sustained economic growth and development towards improving the quality of life of all the Nigerians. While referring to his visits to different Chambers of Commerce and Industry in Pakistan, he added that since he assumed the Charge, he visited various chambers and met with the leading pakistani business community and invited to visit Nigeria, for which prompt visa services would be provided to them. The Nigerian High Commissioner lauded the role of Pakistani businessmen and added that Pakistan has got a lot of expertise in telecommunication and can play most effective role in modernizing our economic system. In this connection, he added that the present Nigerian government has now liberalized the national economy and it is the investors who can get benefits from our policies. He said the Nigerian government is also trying to alleviate poverty from the country. High Commissioner added that we have lot of natural resources but are still mismanaged. In the end of his speech, he referred to the newly trends of globalization with a focus on economic Page 201 of 705 © 2009 Factiva, Inc. All rights reserved. diplomacy and underlined the need for working together seriously to solve the economic problems facing both Nigeria and Pakistan. He accused his utmost cooperation to Pakisani intending investors and said business visas will be promptly issued to them. On the occasion, President of the Islamabad Chamber of Commerce and Industry presented welcome address. He lauded the present economic policies of the Nigerian government and accused his utmost cooperation on behalf of the business community. Members of the business community also participated in the seminar and admired the efforts of the High Commissioner as very positive and constructive. Document paprin0020010816dw9j00pot Page 202 of 705 © 2009 Factiva, Inc. All rights reserved. Diary for Thursday September 14, 2000. 1,255 words 13 September 2000 11:29 AM Australian Associated Press AAP English (c) 2000 AAP Information Services Pty Ltd. All rights reserved. Available for personal use but not for sale or redistribution for compensation of any kind without the prior written permission of AAP. EVENTS ARE IN CHRONOLOGICAL ORDER AND IN LOCAL TIME UNLESS STATED OTHERWISE ADELAIDE 1230 - SA Press Club luncheon with guest speaker Peter Sellars, Artistic Director Adelaide Festival, Novotel on Hindley, 65 Hindley Street. Contact: 8211 9400. BRISBANE 0930 - Federal Opposition Leader Kim Beazley tours interactive learning centre. John Paul College, John Paul Drive, Daisy Hill. Info: Amanda Buckley 0438 950 375. 1000 - Families, Youth and Community Care Minister Anna Bligh to officially open the new Youth Justice Service for the Logan Area, 21 Station Road, Woodridge. Contact: Caroline Fisher on 3224 7081. 1030 - The Swiss Olympic Team interviews and photographs for the media, Landy/Jackson Conference Room, Couran Cove Resort, South Stradbroke Island. Contact: Annie Kinnane on 07 5597 9030. 1130 - Emergency Services Minister Stephen Robertson and firefighters appeal to schoolchildren not to light fires during the school holidays. Runcorn Heights State School, 202 Nemies Road, Runcorn. Info: Paul Lynch 3247 8194 / 0417 728 676. 1215 - Griffith University's Asia Pacific Council to host a public lecture by the Chief of Army Lieutenant General Peter Cosgrove, Northern Theatre 2, Nathan Campus, Brisbane. Contact: Narelle Roy on 0413 Page 203 of 705 © 2009 Factiva, Inc. All rights reserved. 946 474. 1730 - The Novotel Hotel, Brisbane "Goose Games", Novotel, Brisbane. Contact: Sherrida Emery 0414 279 997. CANBERRA 0915 - Joint Standing Committee on Foreign Affairs, Defence and Trade Middle East Inquiry, Committee Room 2R1, Parliament House, Canberra. Contact: Margaret Swieringa 02 6277 2313. 1145 - Former Battle of Britain Spitfire pilot James Coward to welcome Spitfire arriving in Canberra to mark Battle of Britain commemoration, Tarmac reception on the apron in front of the Vee-H hangar Canberra Airport. 1330 - Employment Services Minister, Tony Abbott to launch the `Jubilee Jobs for the Future', Burgmann College, Daley Road, Acton, Australian National University, ACT. Contact: Jack Docherty 02 6281 1087 or 0417 254 212. 1730 - Olympic Games 2000 Football, Women China v Nigeria; Men South Africa v Japan. Bruce stadium. 1800 - Mr Hugh White, Deputy Secretary of Department of Defence, to examine regional defence and strategic issues on `Australia in the Asia Pacific From 2000' series, Australian Institute of International Affairs, Stephen House, 32 Thesiger Court, Deakin, ACT. No contact number. MELBOURNE 0900 - State and Regional Development Minister John Brumby to launch Victorian Partnership for Advanced Computing (VPAC), RMIT University, Building 91, 110 Victoria Street, Carlton. Contact: Andrew Yee 9925 3176, 0417 592 398. 1000 - Victoria's Open Range Zoo to launch new tour "Raising Rhinos" to celebrate the introduction of five Southern White Rhinoceros, Werribee. Contact: Miranda Korkou 9731 9632, 0408 030 643. 1100 - Consul General of Japan Mr Ueno and Melbourne Deputy Lord Mayor Clem Newton-Brown to launch Foundations of Gold, a new collaboration between art and business in Asia and Australia, Supper Room foyer, Melbourne Town Hall. Contact: Ross Bruhn 9658 9475, 0413 274 991. 1230 - Settlements and Regional Infrastructure Minister, Erna Witoelar to address the Asialink Lecture Series Regional Development: Challenges of Regional Disparities, Allard Room, Pricewaterhouse Page 204 of 705 © 2009 Factiva, Inc. All rights reserved. Coopers, Level 8, 215 Spring Street. Contact: Tom Parker 9349 1899. 1400 - City of Melbourne seminar for enterprises focusing on Business Opportunities in Asia, Melbourne Town Hall, Swanston Street. Contact: 9658 9658. 1800 - Kana Communications media and industry briefing on expansion in Australia, Rialto Towers Observatory Deck, Level 55, 525 Collins Street. Contact: Bob Lawrence 02 9231 5195 or 0414 355 404. PERTH 1400 - Parliament of WA sits. SYDNEY TBA - Olympic blazer presentations to Australian mountain bikers, women's road cycling and canoe sprint teams, University of Western Sydney. No contact number. 0900 - First training session for Olympic football teams, Marconi Stadium, Fairfield. No contact number. 0900 - United State's men's volleyball team press conference, Main Press Conference Room, MPC, Olympic Park. Contact: Mike Wilson 8113 0240 1000 - AOC basketball press conference with Luc Longley and Peter Montgomery, Room 3, Main Press Centre, Olympic Park. No contact number. 1000 Olympic sailing regatta press conference, Press Conference Room, Sailing Marina, Rushcutters Bay. No contact number. 1000 - Media briefing on Kana's Communications expansion in Australia, plus world wide perspective on the evolution of online customer communication software use in business centres, Blackwattle Room, Star City Casino, Level 2, 80 Pyrmont Street, Pyrmont. Contact: Bob Lawrence 9231 5195 or 0414 355 404. 1000 - Aboriginal tent embassy Corroboree for Sovereignty and sacred fire ceremony for peace and justice, Victoria Park. No contact number. 1100 - Media briefing with Airbus Industry Senior Vice President John Leahy, Raphael's 2nd Level, Renaissance Hotel, 30 Pitt Street. Contact: Ted Porter 9436 0200 1100 - IOC press conference with IOC President Juan Antonio Samaranch, Main Press Conference Auditorium, Main Press Centre, Sydney Olympic Park. Contact: Neil McKenzie 0417 160 423. 1200 - Slovenia Business Conference media briefing, Trade and Investment Centre, Level 44, Grosvenor Page 205 of 705 © 2009 Factiva, Inc. All rights reserved. Place, 225 George Street. Contact: Michelle Armstrong 9969 6891. 1200 - US men and women's swim team press conference, Main Press Conference Room, MPC, Olympic Park. Contact: Michael Wilson 8113 0240. 1215 - Final Sydney 2000 Olympic Games Countdown Auction, The Performance Space, Martin Place. Contact: Madelaine Cohen 0418 193 998. 1330 - Pub to Pub 2000 Cross Country Classic, Perisher Blue. Contact: 1300 655 822. 1300 - US Women's gymnastics press conference, Main Press Conference Room, MPC, Olympic Park. Contact: Michael Wilson 8113 0240. 1300 - Fencing competition draw, Finals Hall, Exhibition Hall 4, Darling Harbour. No contact number. 1300 - Canadian Olympic Association press conference, Room 2, MPC, Olympic Park. Contact: Helene Lapointe 8113 0193. 1400 - Protesters against the Bondi beach volleyball stadium to hold 1,000 mirrors as the Olympic torch is handed to IOC member Phil Coles, North Headland, overlooking pool, Bondi. Contact: Kevin St.Adler 9130 4468. 1400 - Australian women's cycling road team press conference, Press Conference Room, Centennial Park. No contact number. 1400 - AOC press conference, Room 2, MPC, Olympic Park. Contact: Danielle Kean 0407 207 727. 1400 - Preview of Speedo's Fastskin bodysuits, Bush Telegraph Bar, Sydney Media Centre, Pirrama Rd, Wharf 12, Darling Island, Pyrmont. Contact: Ian Dose 9241 3131 or 0419 618 606. 1400 - Men's hockey media day, training pitch one, Homebush. No contact number. 1400 - US synchronized swimming press conference, Main Press Conference Room, MPC, Olympic Park. Contact: Mike Wilson 8113 0240. 1430 - AOC press conference, MPC, Olympic Park. No contact number. 1430 - US track and field press conference, Main Press Conference Room, MPC, Olympic Park. Contact: Page 206 of 705 © 2009 Factiva, Inc. All rights reserved. Mike Wilson 8113 0240. 1600 - US Olympic Committee press conference to announce the US flag bearer, Main Press Conference Room, MPC, Olympic Park. Contact: Mike Wilson 8113 0240 1700 - US equestrian dressage press conference, Room 5, MPC, Olympic Park. Contact: Mike Wilson 8113 0240 1800 - British Olympic Team press conference, Room 2, MPC, Olympic Park. Contact: Mark Howell 8113 5316 1800 - Marriage of US Olympic weightlifting squad member Suzanne Leathers to Don Joseph McCauley, Bankstown Sports Club (Rainforest Lounge), 8 Greenfield Parade, Bankstown. Contact: Christie Hyde 0408 116 863 1830 - US Marine Corps Veteran, Danny Garcia to present Planet Hollywood with United Nations sanctioned Peace Pole, Planet Hollywood, George Street. Contact: 9267 7827 1945 - Australian women's basketball team media briefing, Press Conference Room, The Dome, Olympic Park. No contact number SPORT HORSE RACING - AWA Tea Rose Stakes, AWA Hill Stakes, Shannon Quality, Rosehill GALLOPS Rosehill Gardens Flemington Doomben Kalgoorlie TROTS - Kilmore Gold Coast Bankstown Maitland GREYHOUNDS - Dapto Sandown Albion Park Angle Park Cessnock Shepparton Hobart ENTERTAINMENT 2000 - Pianist Howard Shelley to appear in the final concert at the ABC Odeon, ABC Odeon, Sydney. Contact: Sue Douglas 0407 973 588 AAP Diary Contact: Nartira Carlson Phone: 02 9322 8673 Fax: 02 9322 8679 Document aap0000020020307dw9d02gro Page 207 of 705 © 2009 Factiva, Inc. All rights reserved. Column One A Belgian Cop's Lonely War Against Human Smugglers --- Despite Talk of Enforcement, His Office Budget Is Slim --- One Smuggler's Secrets of the Trade By James M. Dorsey Special to The Asian Wall Street Journal 2,453 words 5 September 2000 The Asian Wall Street Journal AWSJ 1 English (Copyright (c) 2000, Dow Jones & Company, Inc.) BRUSSELS -- To understand the fight against those who traffic in illegal immigrants, step into Eric van der Sijpt's office in the shadow of Belgium's domed Palais de Justice. Stacks of brown case files -- "hundreds of them," he said -- crowd the detective's steel desk. They cover a Formica table along one wall, and spill onto a couple of wooden chairs. More are piled in his waiting room. Until late last year, however, he didn't even have his own office -- or a support staff. "I had to make photocopies myself," he said. Belgium, a major transit route for Britain-bound trucks from Germany, Central and Eastern Europe and the Netherlands, is the departure point for nine out of 10 transports of illegal immigrants from the Continent to Britain, a popular destination, according to Belgian and Dutch law-enforcement officials and traffickers. The 58 illegal immigrants originally from China who were found dead in the back of a refrigerated truck in June had passed through the Belgian port of Zeebrugge. But Mr. Van der Sijpt, who is 38 years old, and his team of 30 detectives are responsible for cracking down not only on human trafficking but also prostitution, fraud, infiltration and kidnappings in Brussels. The team has held scores of Chinese, Albanians and Nigerians on suspicion of trafficking, for periods of up to eight months. But trying to get to the bottom of the business of smuggling economic refugees is tedious and time-consuming. More often than not, suspects are released and vanish before criminal investigations against them can be completed. Page 208 of 705 © 2009 Factiva, Inc. All rights reserved. "I know exactly who those responsible for human trafficking are," Mr. Van der Sijpt said. "I just don't have the people to nail down the cases against them." Indeed, he has no budget for hunting traffickers, and all such expenses must be cleared with the Ministry of Justice. The prosecutor's office refuses to issue him a mobile phone, so he uses two of his own. Mr. Van der Sijpt's lack of resources contrasts starkly with the increased importance that governments of developed-nations have said they are giving to the battle against such traffickers. Shaken by the Dover tragedy, European nations are pledging to stem the tide with tighter immigration procedures and closer cooperation. However, "There's a dramatic distance between the political talk and the reality of immigrants and the police," Italian Internal Affairs Undersecretary Massimo Brutti said. Yet the higher immigration barriers get, the bigger the market for the traffickers becomes. Several days spent with Mr. Van der Sijpt and Belgian undercover agents -- as well as interviews with smugglers themselves -- illustrate the odds they face. Both traffickers and enforcement officials said thousands of people are smuggled into the European Union each year, but they are reluctant to be more specific. United Nations Undersecretary General Pino Arlacchi estimates that up to 200 million people world-wide may now be in one way or another under the sway or in the hands of traffickers. Dutch police said recently that they believed up to 3,000 Chinese were currently waiting in the Netherlands for transport to Britain. "This is the fastest-growing criminal market in the world because of the number of people who are involved, the scale of profits being generated for criminal organizations and because of its multifold nature," Mr. Arlacchi said. It is also "the biggest violation of human rights in the world." One dramatic measure of the problem's scope is the number of people who die while being smuggled. No official statistics are recorded -- smugglers, of course, keep quiet to avoid manslaughter charges and survivors and relatives to avoid being deported. But United, a network of 500 antiracism organizations across Europe, said that since 1993 it has documented the deaths of some 2,000 illegal immigrants trying to enter Europe. The June tragedy in Dover captured headlines, but it was little noted when 59 died in the freezing Adriatic last December after a 12-meter dinghy, built to carry 30, sank off the coast of Italy. Thirty-nine of the victims were Chinese. Mr. Van der Sijpt has been urging his superiors and politicians for five years to give him the means to combat trafficking. "This is big business, almost as big as drugs trafficking," he said. In fact, some traffickers have switched from drugs to human beings. They can use the same routes but with far less chance of being caught and lighter sentences if they are. Page 209 of 705 © 2009 Factiva, Inc. All rights reserved. Mr. Van der Sijpt faces a multitude of well-organized close-knit crime groups that are difficult to penetrate because of language barriers, the clannish relations between their members and the fear instilled in them by their leaders. Physical surveillance of suspects is spotty -- he hasn't the manpower. Telephone taps are almost impossible; to keep law-enforcement officials off balance, most traffickers use mobile phones that they often discard or paid cards that are hard to trace. This conundrum is what allows Ali, a mustachioed Iraqi Kurd, to go about his business. A convicted human trafficker who declines to reveal his true name, Ali has little fear that Mr. Van der Sijpt will win his battle any time soon. "Human traffickers are hard to beat," he said, sitting in the Amsterdam office of his lawyer. A slight man with a highly developed sense of suspicion, Ali chooses his words carefully as he describes the world Mr. Van der Sijpt is up against: hard-nosed Chinese, Turkish, Yugoslav and North African criminals organized into cells that have no direct contact with one another; Iraqi Kurdish and Afghan groups that seek to help their compatriots while making a little something for themselves; corrupt Turkish, Greek, Russian and East European border officials; lax European Union border controls, both at land crossings and at airports as far-flung as Athens and Amsterdam; greedy German and Dutch chauffeurs who transport illegal immigrants within the EU's Schengen area -- a block of countries that did away with mutual border checks in 1995 -- from Greece and Italy to the Netherlands; and unwitting drivers with little sense of what cargo is being loaded onto their bound trucks at one of three Belgian highway parking lots where they stop to catch a night's sleep. According to Ali, for most illegal immigrants, the assault on Europe begins with a trip to one of several way stations just outside Europe's borders -- a trip which, for many of the travelers, is entirely legal. Ali's account is confirmed by members of the Rogatoir Committee, a group established by the Dutch government to study the trade in human beings. Kucuk Pazar, a waterside neighborhood in Istanbul's Golden Horn, is one of these way stations. The rundown district, pock-marked with cheap boarding houses, is a stepping stone to the better life for thousands of Kurds, Africans and Arabs, as well as people from the Indian subcontinent and some Chinese. They travel to Turkey without a visa, and once there, crowd into cheap hotels waiting for a chance to move on to Europe. Travel papers flow into Istanbul to meet the demand, traffickers confirm. North African groups specialize in stolen passports, and Iraqi Kurds and Yugoslavs in false ones that traffickers buy for $70 apiece. Some documents are easier to alter than others: Israeli passports have watermarks that are easy to falsify; Dutch and German passports are uncomplicated to pull apart and put together again; and refugee documents from Britain, Belgium and Germany often don't indicate gender and have pictures that are Page 210 of 705 © 2009 Factiva, Inc. All rights reserved. attached with metal buttons rather than lamination. Passports refitted with pictures of clients are shipped from the Netherlands and Hungary to Turkey or procured from passport authorities in Turkey itself. Traffickers admit that the prices they charge are stiff: A passport without a visa fetches $550; one with a European visa costs an extra $3,000, and one with a U.S. or Canadian visa an extra $10,000. An unidentified Turkish police unit helps acquire hundreds of European visas a week, often using ever-changing front companies that provide alibis for the applicants, Turkish traffickers said. Bribes for senior police officials at Istanbul's Ataturk airport run $400. "The Turkish-Greek border is a marketplace," said Ali. "We have the border guards' work rosters. We know who is on duty when. I walk into the border station and say: I've got 10 passports, here's the money." He said he pays the guard $60 per passport to get his stamp on them. For most illegal immigrants, those costs are too great to bear. They travel the hard way, without papers. Here too, the traffickers are eager to offer a solution. An undocumented trip from Turkey to Greece can be arranged for about $700. The poorest of the immigrants, mostly Africans from Nigeria, Sudan and Somalia, can have their bordercrossing costs covered if they agree to carry several kilograms of drugs. Once the immigrants arrive on the Greek side, the drugs are collected and the immigrants are left to make their own way to Athens and from there to Western Europe. Iraqi Kurds are more fortunate. They can fall back on Iraqi Kurdish networks in Athens and in Italy that help them find shelter until transport to Northern Europe has been arranged. "We often use German and Dutch drivers who can cross borders without being stopped because they're European," Ali said. Most migrants move on to the Netherlands, the next intermediary stop after Greece and Italy. There they are dropped in public places such as railway stations, bicycle stalls and open fields, where they wait several hours while traffickers observe them from a distance. Once these observers are confident there is no risk, they're told over a mobile phone to leave; the immigrants are then picked up by another cell. "These groups work with a well-defined cell structure," said Ali. "They don't know one another. Even the coordinator doesn't know the people he is coordinating; all he has is their mobile telephone number." Turkish groups are crucial to the movement of non-Chinese illegal immigrants across Europe -- mostly by boat to Italy or by land into Greece. Turks get some of the Chinese business, too. One smuggler explains with a grin why he prefers Chinese: "They're smaller and lighter. You can put 60 Chinese into a boat compared to only 40 Kurds, East Europeans or Africans." Page 211 of 705 © 2009 Factiva, Inc. All rights reserved. Turkish and Albanian traffickers often drop their clients late at night at one of three highway rest stops on the road from Brussels to the port of Oostende 100 kilometers away; scores of long-haul trucks from across Europe spend the night here before making the final leg of their journey across the English Channel. On a recent night, a dark minivan pulled up after midnight alongside several trucks whose drivers appear to be sound asleep. Three men, each with a duffel bag, jumped out of the van, which immediately sped away -- its driver eager to vanish before the next highway-police patrol passes. The men briefly inspected the trucks, loosened the tarp of one of them, and climbed into the back. "England," whispered one of them. An hour later, the van reappeared, its driver making sure the clients made their way into a truck and aren't waiting in the bushes behind the rest stop. Satisfied that they are on their way, he headed back toward Brussels. Most Chinese illegal immigrants entering Europe are moved by Chinese organized crime, law enforcement officials and traffickers said. These traffickers, reputed to be more ruthless than their Turkish and Albanian competitors, often transport their clients in large groups by bus, truck or container across the former Soviet Union to Europe, law-enforcement officials and traffickers said. The luckier ones are flown from Beijing to Belgrade, where they continue by road. The clients then wait for months in safe houses in Moscow and the Czech Republic, from where they cross into Germany or Austria by foot on their way to years of slave labor to pay off their $30,000 smuggling debt. Chinese smugglers prefer trucks loaded with vegetables, eggs or wood to transport their human cargo. The illegal migrants are often provided with pepper, water and towels. When the truck approaches a border control, the immigrants are alerted by a flickering light in the back of the truck, the signal for them to spray the pepper to mislead search dogs and cover their noses with wet towels to avoid sneezing. At other times, they are knocked out by sleeping pills. Like the 58 Chinese discovered in Dover, many don't survive the trip. Some are accidentally poisoned; others may be suffocated, frozen or baked to death by the vagaries of a route and trucks designed for produce. In the Chinese community, people who disappear en route this way are called "the vanished." Back in Mr. Van der Sijpt's office, two detectives came by to discuss a prominent Chinese family believed to be behind the smuggling of thousands of their countrymen into Britain through Belgium. "We're getting closer to formally opening a case against them on charges of money laundering and human trafficking," Page 212 of 705 © 2009 Factiva, Inc. All rights reserved. he told the detectives. They replied that they have evidence that members of the family were recently in Hong Kong to obtain passports for their clients, and that they have identified a safe house where seven undocumented Chinese men in their 30s are waiting for transportation to Britain. The detectives' next step: checking the names on the passports of the seven men. "We suspect that there are a number of people across the globe using the same name," said one of the detectives. Even after a year of watching the Chinese family, Mr. Van der Sijpt was treading carefully. "There's no point in pressing charges until we have all the elements," he said. Detaining the landlord of the safe house won't do any good, he explained; the case against him is too tough to prove. Nor will detaining the seven men. "They'll give us a detailed description of their trip up to the Belgian border and that's where it stops," said Mr. Van der Sijpt. They would spend six hours in detention and then be released. "The traffickers tell them not to worry if they're caught," he said, "because they'll have another chance to make it to Britain once they are released." Document awsj000020010803dw9500ap2 Page 213 of 705 © 2009 Factiva, Inc. All rights reserved. Column One Belgian Detective Fights Trafficking In Human Cargo --- He's Not Alone, but It Often Seems That Way --No Budget; No Cell Phone; Hundreds of Cases By James M. Dorsey Special to The Wall Street Journal Europe 2,625 words 4 September 2000 The Wall Street Journal Europe WSJE 1 English (Copyright (c) 2000, Dow Jones & Company, Inc.) BRUSSELS -- To understand why Western Europe is ill-equipped to stop unscrupulous traffickers in illegal immigrants, step into Eric van der Sijpt's office in the shadow of Belgium's domed Palais de Justice. Stacks of brown case files -- "hundreds of them," he says -- crowd the detective's steel desk at the office of the Brussels public prosecutor. They cover a Formica-topped table along one wall and spill over onto a couple of wooden chairs. Even more pile up on the floor and in his waiting room, which is plastered with U.S. Justice Department warnings that fraudulent possession of a U.S. passport constitutes a "one-way ticket to prison." Belgium, a major transit route for Britain-bound trucks from Germany, Central and Eastern Europe and the Netherlands, is the departure point for nine out of 10 transports of illegal immigrants from the Continent to Britain, according to Belgian and Dutch law enforcement officials as well as traffickers. Indeed, the 58 Chinese illegal immigrants who were found dead in the back of a refrigerated truck in June had passed through the Belgian port of Zeebrugge. Mr. Van der Sijpt, a 38-year old motorcycle racer, has no shortage of dedication in his battle against human trafficking. What he lacks are the funds, manpower and tools to wage an effective war. Mr. Van der Sijpt and his team of 30 detectives are responsible for cracking down not only on human trafficking but also prostitution, fraud, infiltration and kidnappings in Brussels. The team has held scores of Chinese, Albanian and Nigerian human traffickers on suspicion of trafficking for periods of up to eight months. But trying to get to the bottom of the murky business of smuggling often-destitute economic Page 214 of 705 © 2009 Factiva, Inc. All rights reserved. refugees into the European Union is tedious and time-consuming work. More often than not, suspects are released and vanish before criminal investigations against them can be completed. "I know exactly who those responsible for human trafficking are," Mr. Van der Sijpt says, a look of despair crossing his face. "I just don't have the people to nail down the cases against them." He has no budget for hunting traffickers; all expenses must be cleared with the Ministry of Justice. The prosecutor's office refuses to issue him a mobile phone, so he uses two of his own. Until late last year, he didn't even have his own office or administrative support. "I had to make photocopies myself," he says. He glances around his office and sighs. "This is not normal." Mr. Van der Sijpt's lack of resources contrasts starkly with the increased importance European governments say they attribute to the battle against human traffickers. Shaken by the news of the Dover tragedy and convinced that millions of would-be migrants are banging on their doors, European nations are pledging to stem the tide with tighter immigration procedures and closer cooperation against organized crime. Despite the pledge, European law-enforcement officials complain that co-operation and co-ordination across national borders is often difficult and not forthcoming. The Italian Foreign Ministry, in a bid to break the deadlock, last month convened officials from Albania, Turkey and other nations around the Adriatic Sea to press for a multinational police campaign against trafficking. "There's a dramatic distance between the political talk and the reality of immigrants and the police," Italian Internal Affairs Undersecretary Massimo Brutti said. Police officials from Turkey and Montenegro said the multinational effort should create a permanent network among police forces, as well as joint patrols. Yet the higher immigration barriers get, the bigger the market for the traffickers becomes. Several days spent with Mr. Van der Sijpt and Belgian undercover agents -- as well as interviews with smugglers themselves -- illustrate the odds they face. Traffickers and law-enforcement officials say thousands of people are smuggled into the European Union each year, but are reluctant to be more specific. United Nations Undersecretary General Pino Arlacchi estimates that up to 200 million people world-wide may now be in one way or another under the sway or in the hands of traffickers. Dutch police said recently that they believed that up to 3,000 Chinese were currently waiting in the Netherlands for transport to Britain. "This is the fastest-growing criminal market in the world because of the number of people who are Page 215 of 705 © 2009 Factiva, Inc. All rights reserved. involved, the scale of profits being generated for criminal organizations and because of its multifold nature," Mr. Arlacchi says. It's also "the biggest violation of human rights in the world." One dramatic measure of the problem's scope is the number of people who die while being smuggled. No official statistics are recorded -- smugglers keep quiet to avoid manslaughter charges, and survivors and relatives to avoid being deported -- but United, a network of 500 anti-racism organizations across Europe, says it has documented the deaths since 1993 of some 2,000 illegals trying to enter Fortress Europe. The June tragedy in Dover captured headlines, but it was little noted when 59 died in the freezing Adriatic last December, after a 12-meter dinghy -- built to carry 30 -- sank off the coast of Italy. Thirty-nine of the victims were Chinese. Mr. Van der Sijpt has been urging his superiors and politicians for five years to give him the means to combat human trafficking. "This is big business, almost as big as drugs trafficking," he says. In fact, some traffickers have switched from drugs to human beings. They can use the same routes, but with far less chance of being caught -- and far lighter sentences if they are. Mr. Van der Sijpt faces a multitude of well-organized close-knit crime groups, with tentacles across Europe, that are difficult to penetrate because of language barriers, the clannish relations between their members and the fear instilled in them by their leaders. Physical surveillance of suspects is spotty -- he hasn't the manpower. Telephone taps are almost impossible; to keep law enforcement officials off balance, most traffickers use mobile phones that they often discard or paid cards that are hard to trace. This conundrum is what allows Ali, a mustachioed Iraqi Kurd, to go about his business. A convicted human trafficker who declines to reveal his true name, Ali has little fear that Mr. Van der Sijpt will win his battle any time soon. "Human traffickers are hard to beat," he says, sitting in the Amsterdam office of his lawyer. A slight man with a highly developed sense of suspicion, Ali chooses his words carefully as he describes the world Mr. Van der Sijpt is up against: hard-nosed Chinese, Turkish, Yugoslav and North African criminals organized into cells that have no direct contact with one another; Iraqi Kurdish and Afghan groups that seek to help their compatriots, while making a little something for themselves; corrupt Turkish, Greek, Russian and East European border officials; lax European Union border controls, both at land crossings and at airports as far-flung as Athens and Amsterdam; greedy German and Dutch chauffeurs who transport illegals within the EU's Schengen area from Greece and Italy to the Netherlands; and unwitting drivers with little sense of what cargo is being loaded onto their Britain-bound trucks at one of three Belgian highway parking lots where they stop to catch a night's sleep. For most illegals, the road into the European Union starts with a legal trip to one of several way stations Page 216 of 705 © 2009 Factiva, Inc. All rights reserved. just outside Europe's borders, says Ali, whose account is confirmed by members of the Rogatoir Committee, a group established by the Dutch government to study the trade in human beings. Kucuk Pazar, a waterside neighborhood in Istanbul's Golden Horn, is one of them. The rundown district, pock-marked with cheap boarding houses, is a stepping stone to the better life for thousands of Kurds, Africans and Arabs, as well as people from the Indian sub-continent and some Chinese. They travel to Turkey without a visa, and once there, crowd into &2-a-night hotels waiting for a chance to move on to Europe. Travel papers flow into Istanbul to meet the demand, traffickers confirm. North African groups specialize in stolen passports; Iraqi Kurds and Yugoslavs in false ones that traffickers buy for $70 (77 euros) apiece. Some documents are easier to alter than others: Israeli passports have watermarks that are easy to falsify; Dutch and German passports are easy to pull apart and put together again; and refugee documents from Britain, Belgium and Germany often don't indicate gender, and have pictures that are attached with metal buttons rather than laminated. Passports refitted with pictures of clients are shipped from the Netherlands and Hungary to Turkey or procured from passport authorities in Turkey itself. Traffickers admit that the prices they charge are stiff: A passport without a visa fetches $550; one with a European visa costs an extra $3,000, and one with a U.S. or Canadian visa an extra $10,000. An unidentified Turkish police unit helps acquire hundreds of European visas a week, often using ever-changing front companies that provide alibis for the applicants. Bribes for senior police officials at Istanbul's Ataturk airport run $400. "The Turkish-Greek border is a marketplace," says Ali. "We have the border guard's work rosters. We know who is on duty when. I walk into the border station and say: I've got 10 passports, here's the money." He says he pays the guard $60 per passport to get his stamp on them. For most illegals, those costs are too great to bear. They travel the hard way, without papers -- even forged ones. Here too, the traffickers are eager to offer a solution. An undocumented trip from Turkey to Greece can be arranged for about $700. The poorest of the immigrants, mostly Africans from Nigeria, Sudan and Somalia, can have their bordercrossing costs covered -- if they agree to carry several kilograms of drugs. Once the immigrants arrive on the Greek side of the border, the drugs are collected and the immigrants are left to make their own way to Athens and from there to Western Europe. Iraqi Kurds are more fortunate. They can fall back on Iraqi Kurdish networks in Athens and in Italy that help them find shelter until transport to northern Europe has been arranged. "We often use German and Page 217 of 705 © 2009 Factiva, Inc. All rights reserved. Dutch drivers who can cross borders without being stopped because they're European," Ali says. Most migrants move on to the Netherlands, the next intermediary stop after Greece and Italy. There they are dropped in public places such as railway stations, bicycle stalls and open fields, where they wait several hours while traffickers observe them from a distance. Once these observers are convinced that there is no risk, they're told over a mobile phone to leave; the illegals are then picked up by another cell. "These groups work with a well-defined cell structure," says Ali. "They don't know one another. Even the coordinator doesn't know the people he is coordinating; all he has is their mobile telephone number." Turkish groups are crucial to the movement of non-Chinese illegals across Europe -- mostly by boat to Italy or by land into Greece. Turks get some of the Chinese business, too. One smuggler explains with a grin that he prefers transporting Chinese: "They're smaller and lighter. You can put 60 Chinese into a boat compared to only 40 Kurds, East Europeans or Africans." Turkish and Albanian traffickers often drop their clients late at night at one of three highway rest stops on the highway from Brussels to the port of Oostende 100 kilometers away; scores of long-haul trucks from across Europe spend the night here before making the final leg of their journey across the English Channel. On a recent night, a dark minivan pulls up past midnight alongside several trucks whose drivers appear to be sound asleep. Three men, each with a duffel bag, jump out of the van, which immediately speeds away -- its driver eager to vanish before the next highway-police patrol. The men briefly inspect the trucks, loosen the tarp of one of them, and climb into the back. "England," whispers one of them. An hour later, the van reappears, its driver making sure the clients have made their way into a truck and are not waiting in the bushes behind the rest stop. Satisfied that they are on their way to the promised land, he heads back toward Brussels. Most Chinese illegals entering Europe are moved by Chinese organized crime. These traffickers -reputed to be even more ruthless than their Turkish and Albanian competitors -- often transport their clients in large groups by bus, truck or container across the former Soviet Union to Europe, law enforcement officials and traffickers say. The luckier ones are flown from Beijing to Belgrade, from where they continue by road. The clients then wait for months in safe houses in Moscow and the Czech Republic, from where they cross into Germany or Austria by foot -- on their way to years of slave labor to pay off their $30,000 smuggling debt. Chinese smugglers prefer trucks loaded with vegetables, eggs or wood to transport their human cargo. Page 218 of 705 © 2009 Factiva, Inc. All rights reserved. The illegal migrants are often provided with pepper, water and towels. When the truck approaches a border control, the immigrants are alerted by a flickering light in the back of the truck, the signal for them to spray the pepper to mislead search dogs and cover their noses with wet towels to avoid sneezing. At other times, they are knocked out by sleeping pills. And like the 58 Chinese discovered in Dover, many don't survive the trip. Accidentally poisoned, suffocated, frozen or baked to death by the vagaries of a route and trucks designed for produce, they fall off the face of the earth. In the Chinese community they are called "the vanished." Back in Mr. Van der Sijpt's office, two detectives have come by to discuss a prominent Chinese family believed to be behind the smuggling of thousands of their countrymen into Britain via Belgium. "We're getting closer to formally opening a case against them on charges of money laundering and human trafficking," he tells the detectives. They tell him they have evidence that members of the family were recently in Hong Kong to obtain passports for their clients, and that they've identified a safe house where seven undocumented Chinese men in their 30s are waiting for transportation to Britain. The detectives' next step: checking the names on the passports of the seven men. "We suspect that there are a number of people across the globe using the same name," says one of the detectives. Even after a year of surveillance of the Chinese family, Mr. Van der Sijpt is treading carefully. "There's no point in pressing charges until we have all the elements," he says. Detaining the landlord of the safe house won't do any good, he explains; the case against him is too tough to prove. Nor will detaining the seven men: "They'll give us a detailed description of their trip up to the Belgian border and that's where it stops," says Mr. Van der Sijpt. They'd spend six hours in detention and then be released. "The traffickers tell them not to worry if they're caught," he says, "because they'll have another chance to make it to Britain once they are released." Document wsje000020010814dw9400c4y Page 219 of 705 © 2009 Factiva, Inc. All rights reserved. Nigeria - Largest Market in Sub-Sahara Africa. 1,125 words 21 July 2000 Korea Times KORTIM English (c) 2000 hk internet Co. for the Korea Times With a population of over 100 million people, Nigeria is obviously the largest market in sub-Saharan Africa with reasonably skilled and potential manpower for the efficient and effective management of investment projects within the country. It is well connected by a wide network of motorable all-season roads, railway tracks, inland waterways, maritime and air transportation. Nigeria's economy could be aptly described as most promising. It is a mixed economy and accommodates all comers, individuals, corporate organizations and government agencies, to invest in almost all ranges of economic activities. Since 1955, the government has introduced some bold economic measures which have had a salutary effect on the economy by halting the declining growth in the productive sectors and putting a stop to galloping inflation; they have reduced the debt burden, stabilized the exchange rate of the Naira (the local currency) and corrected the disequilibrium of the balance of payments. Nigeria's current industrial policy thrust is anchored on a guided deregulation of the economy and the government's disengagement from activities which are private-sector oriented, leaving the government to play the role of facilitator, concentrating on the provision of incentives, policy and infrastructure that are necessary in enhancing the private sector's role as the engine of growth. The industrial policy is intended to:. - Generate productive employment and raise productivity;. - Increase export of locally manufactured goods;. - Create a wider geographical dispersal of industries;. - Improve the technological skills and capability available in the country;. - Increase the local content of industrial output by looking inward for the supply of basic and intermediate Page 220 of 705 © 2009 Factiva, Inc. All rights reserved. inputs;. - Attract direct foreign investment;. - Increase private sector participation. The Nigerian Enterprises Promotion Acts which hitherto regulated the extent and limits of foreign participation in diverse sectors of the economy were repealed in 1995. The principal laws regulating foreign investments now are, the Nigerian Investment Promotion Commission Decree and the Foreign Exchange (Monitoring and Miscellaneous Provisions) Decree, both enacted in 1995. Given the need to stabilize the banking and finance sectors, and promote confidence in these vital institutions, the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks decrees of 1994 were put in place. The Investments and Securities Decree was also promulgated to update and consolidate capital market laws and regulations into a single code. Under the Privatization and Commercialization law of 1988, the government successfully sold its holdings in industrial enterprises and financial institutions, and such divestments were made by way of "Offers for Sale" on the floors of the Exchange, so that ultimate shareholdings in such enterprises could be widespread. The Nigerian government has repealed all existing laws that inhibit competition in certain sectors of the Nigerian economy. Consequently, with the promulgation of the Public Enterprises Promotion and Commercialization Decree in 1998, private sector investors (including non-Nigerians) will now be free to participate in and compete with government-owned public utility service corporations in the areas of telecommunications, electricity generation, exploration of petroleum, export refineries, coal and bitumen exploration, hotel and tourism. As a policy objective, the liberalization and deregulation of the exchange control regime is designed to facilitate and enhance trading activities. Items on the import prohibition list have been drastically reduced, with the government opting to utilize tariff structures to protect end-user product pricing of local industries and discourage frivolous imports. Nigeria, in addition to its huge population is endowed with significant agricultural, mineral, marine and forest resources. Its multiple vegetation zones, plentiful rain, surface water and underground water resources and moderate climatic extremes, allow for production of diverse food and cash crops. Over 60 percent of the population is involved in the production of the following food crops: cassava, maize, rice, yams, various beans and legumes, soya, sorghum, ginger, onions, tomatoes, melons and vegetables. Page 221 of 705 © 2009 Factiva, Inc. All rights reserved. The main cash crops are cocoa, cotton, groundnuts, oil palm, rubber, etc: extractions from these for export and local industrial use include cocoa flour and butter, rubber crumb, vegetable oil, cotton fiber and yarns, etc. The rain forests have been well exploited for timber and wood products of exotic and popular species. Oil and gas by value, are the most important minerals. They are exploited and produced in the Niger Delta basin and offshore on the continental shelf and in the deep-sea of the territorial waters. Nevertheless, there are significant non-oil mineral deposits on land many of which have been identified and evaluated: coal, iron ore, gypsum, kaolin, phosphates, limestone, marble columbite, baryte and gold. Nigeria is famous for her huge population of about 110 million people - the largest national population on the African continent. This population is made up of about 374 pure ethnic stocks. Three of them, Hausa, Ibo and Yoruba are the major groups and constitute over 40 percent of the population. In fact, about 10 ethnic/linguistic groups constitute more than 80 percent of the population; the other large groups are Tiv, Ibibio, Ijaw, Kanuri, Nupe, Gwari, Igala, Jukun, Idoma, and Fulani, Edo, Urhobo. The gender divide of Nigeria's population, as indicated by the last census in 1991, reflects an unusual imbalance in favor of male dominance about 51 percent male: 49 percent female. However, the more critical population indices concern:. - High growth rate - 3.2 percent; this is effected by decreased infant mortality and high fertility. - High school age population - over 47 percent are 15 years and below. - High child dependency ratio - one dependent to one worker for the working age group 25-65. - Large work force: working age group 15-59 is over 40 percent of the population. Due to a massive expansion in the education sector in the last two decades the coloration and quality of the Nigerian work force has changed to include a large corps of highly trained personnel in mechanical, civil, electrical, electronics, chemical and petroleum engineering and bio-technics. There are at present over 30 Federal and State Universities, some of them specializing in areas such as technology and agriculture. In addition, there are at least 20 Federal and State Polytechnics. Over 70,000 graduate in various disciplines from these institutions every year. Disciplines apart from pure sciences, engineering and technologies, include social sciences, business studies (management, banking and finance) and architecture, environment and urban management studies. Also, a sizeable Nigerian population has been and is being trained outside the country, in some of the best colleges in the United States, Canada, United Kingdom, Germany, France, Russia, Japan, China, etc. Page 222 of 705 © 2009 Factiva, Inc. All rights reserved. Every year about 2,000 of these Nigerians return home to seek employment or accommodation within the economy. For the less skilled and unskilled labor, the country depends on the primary and secondary school systems whose annual enrollments are over 3.5 million and 1.5 million respectively. Document kortim0020010813dw7l000xm Page 223 of 705 © 2009 Factiva, Inc. All rights reserved. Today's Domestic News Items from Xinhua (2). 442 words 29 June 2000 Xinhua News Agency XNEWS English (c) Copyright 2000 Xinhua News Agency BEIJING, June 29 (Xinhua) - Following is the second part of today 's domestic news items released by Xinhua: Today's Domestic News Items from Xinhua (1) Shanghai CPC Official Meets Taiwanese Trade Delegation Taiwan Authorities Urged to Follow One-China Principle China to Start Gene Sequencing of Pigs China's Leading Metropolis Has 235 Centenarians Offshore Oil Giant to Build China's Largest Fertilizer Plant NPC Vice-Chairman Meets Nigerian Guests Rural Power Grid Renovation Project Effective Weather Forecast for Major Chinese Cities HK's Tourist Arrivals Continue to Rise in May HKSFC Sets Up Investment Education Website Double-digit Economic Growth Expected in HK This Year China-Related Act in U.S. Senate Strongly Opposed Page 224 of 705 © 2009 Factiva, Inc. All rights reserved. Hong Kong Stocks Fall 0.92 Percent HK Govt Publishes Report on Key Issues of SAR's 3rd Year Former UNESCO Assistant Director-General Dies Centuries-old Chinese Writing Tools Survive Country's Development (1) Centuries-old Chinese Writing Tools Survive Country's Development (2) China Gets Two WB Loans Chinese Vice-Premier Meets U.S. University President Taiwan Investors Seek Business Opportunities in Guangdong Chinese Vice-Premier Meets Thai Guests Hang Seng China Enterprises Index Down Chinese Vice President Meets Thai Guests (1) Guangzhou-HK Optical Network Operational Gold Price in Hong Kong Up Chinese Vice President Meets Thai Guests (2) Website for Chinese Women Launched State Councilor Meets Japanese Ambassador Li Peng Meets Russian Duma Delegation Page 225 of 705 © 2009 Factiva, Inc. All rights reserved. Coastal City to Host 12th International Fashion Festival China's Economy Steams Ahead Despite Problems (1) China's Economy Steams Ahead Despite Problems (2) Weather Forecast for Major World Cities HK Remains EU's Important Trade Partner: Envoy (1) HK Remains EU's Important Trade Partner: Envoy (2) Precipitation Does Little to Alleviate North China Drought Sun Microsystems Keen on China's E-Commerce Xinhua Photo List for June 29 Ten More Bodies of Boat Tragedy in SW China Recovered Top Legislator Stresses Soil and Water Conservation Senior Party Official Urges Better Ideological and Political Work (1) Senior Party Official Urges Better Ideological and Political Work (2) Feature: Tibetan Buddhist Seclusion in Roaring Downtown (1) Feature: Tibetan Buddhist Seclusion in Roaring Downtown (2) China Sets up New Cellular Engineering Institute Chinese Communist Party Structure Changes Page 226 of 705 © 2009 Factiva, Inc. All rights reserved. Today's Diplomatic News Highlights Modern Technology Ensures Preservation of Dunhuang Grottoes (1) Modern Technology Ensures Preservation of Dunhuang Grottos (2) HK Wishes to Expand Trade With Spain: Tung Shunning One-China Principle Is No Way Out (1) Shunning One-China Principle Is No Way Out (2) Shunning One-China Principle Is No Way Out (3) Dramatized "Souls of Red Crag" Exhibition Welcomed in Beijing. Document xnews00020010819dw6t00cqa Page 227 of 705 © 2009 Factiva, Inc. All rights reserved. News Highlights: Procter & Gamble's Jaeger To Step Down 656 words 8 June 2000 09:00 AM Dow Jones News Service DJ English (Copyright (c) 2000, Dow Jones & Company, Inc.) Top Of The Hour Procter & Gamble's Durk Jaeger To Step Down >PG Procter & Gamble Sees Flat EPS For 4Q - CNBC >PG US Jobless Claims +20K To 309K June 3 Wk; Consensus +2K >N/EMI May 27 Week Continuing Claims +12K to 2,000,000 >N/EMI US Petroleum Import Prices +6.5% In May >N/EMI US Import Prices +0.6% In May; Non-Fuel Prices -0.2% >N/EMI U S West Buys Stake In Ultra Wideband Co. Time Domain >USW Inktomi To Buy Ultraseek Unit Of Disney's Go.com >INKT N.Y. Stocks Seen Opening Higher, Continuing Wed Strength >N/STK Top Of The Day ECB Raises Main Refi Rate To 4.25% Vs 3.75% >N/ECB Proctor & Gamble To Host 9 A.M. Conference Call >PG Earthlink To Acquire OneMain.com In $308M Deal >ELNK Terra Shareholders Approve Merger With Lycos >TRRA Molecular Devices, LJL BioSystems Agree To Merge >MDCC Fairchild Semiconductor Restructures Debt, Cuts Interest >FCS Central Newspapers Mulls Possible Sale Of Co. >ECP US Microsoft Ruling No Immediate Effect On EU Inquiry >MSFT German Govt To Decide On Airbus A400M Fri - VWD >F.ABI Ballmer: Breaking Up Microsoft Would Mean Higher Prices >MSFT KLM Wants 30% Stake in British Airways Merger - FT >KLM HK's Johnson Electric FY Net HK$1.06B Vs HK$818.8M >R/HK FTSE 100 Up 10.00 At 6513.80; Xetra DAX Up 13.33 At 7305.26 >N/STK Special Reports =Microsoft Up In Pre-Mkt After Antitrust Ruling >MSFT =Judge Jackson Blames Microsoft Chiefs In Breakup Ruling >MSFT =States Won't Seek Civil Penalties In Microsoft Case >MSFT =Microsoft Ruling Seen Reshifting Power In Software Mkt >MSFT =Govt Bid For High Ct Review Seen Sidestep Of Appeals Ct >MSFT =Former Netscape CEO: Microsoft Breakup Ruling Necessary >MSFT =Microsoft's Gates: Don't Expect Co. To Slow Down >MSFT =Justice To File For Supreme Ct Review Of Microsoft Case >MSFT =Procter & Gamble Shrs Slip In Pre-Mkt Ahead Of Conf Call >PG Page 228 of 705 © 2009 Factiva, Inc. All rights reserved. =Sigma-Aldrich Down 8% Wed As Analyst Cuts Net Views >SIAL =Ford $4.5B Bonds Shop With Swaps But Price With Tsys >F =Fed Watch: Slowdown To Trend May Not Satisfy Officials >G/FED =Tsy's Eizenstat:'Serious Concerns' Over Online VAT Idea >N/NET =Intl Stk Exchanges May Boost Latin American Liquidity >N/NET =Sun Micro Oper Chief Seeks Open-Ended Architecture Devt >SUNM =Federal-Mogul CFO Lynch Has Much Work Ahead - Analysts >FMO =Charting Markets: US Equities To Pick Up Strength >R/US =MARK TO MARKET: They've Only Just Begun >DJDAY =Why A Breakup May Be Good News For Microsoft >MSFT =GE's Welch: 'All The Right People' In Place To Run Co >GE =F/XTRA: Euro Will Be Dogged By Profit-Taking >N/FXC =Italy's Logos Postpones IPO In Price Dispute With Banks >N/INI =Asian Stk Mkts Seen Rising As Rates Peak In 2H -Dresdner >N/STK =First Auction Of Floating JGBs A Success, Buyers Limited >R/JA =Telstra Talks Growth; Negotiating Cyberworks Deal >TLS =FX Asia: Korea Restructuring To Underpin More Won Gains >N/FRX =Indonesia Telecoms Merger Plan May Deter Invest-Analysts >R/IO In Other Buisness .... US Jets Bomb Iraq Military Installation In No-fly Zone >R/IZ Sina.com, Charles Schwab To Offer Fincl Svcs In Chinese >R/CH Nigeria's Department Of Petroleum Resources On Strike >R/NI Astronics: Air Force Exercises $9M Pact Option >ATRO IBM, Heller Fincl Introduce Web-Based Leasing Program >HF Reuters To Launch Instinet.Com In 4Q '00 >RTRSY Sanmina Corp. Names Rick Ackel Fincl Chief >SANM Too Inc. Begins E-Commerce At Limitedtoo.com >TOO (Category codes may vary, depending on your vendor. Numbers in brackets refer to page numbers of stories for Bridge/Telerate subscribers using the pages application.) 09:00 AM Document dj00000020010805dw6802ayl Page 229 of 705 © 2009 Factiva, Inc. All rights reserved. Domestic News Items From Xinhua (1). 565 words 23 May 2000 Xinhua News Agency XNEWS English (c) Copyright 2000 Xinhua News Agency BEIJING, May 23 (Xinhua) - Following are today's domestic news items from Xinhua: Market Exchange Rates Fake NIKE, REEBOK Sports Shoes Destroyed One In Three Xiamen Citizens Has A Mobile Phone Forest Police Prepare For Possible Fire in Inner Mongolia Worst-Ever Drought Hits East China Province Guangxi to Invest 15 Billion Yuan On 96 Projects Ningxia to Build State Forest Park Northeast China's Border City Exports More to Russia China Launches Emergency Sand-Harnessing Project Tianjin Invites Foreign Capital to Improve Traffic Farmlands In Suburban Shanghai Lures Investment East China City Becomes High-Tech Export Giant Highlights of Major Beijing-Based Newspapers Page 230 of 705 © 2009 Factiva, Inc. All rights reserved. Facts and Figures: China's Main Imports from Belgium Facts and Figures: China's Main Imports from U.K. Facts and Figures: China's Main Imports from Malaysia Facts and Figures: China's Main Imports from Japan Facts and Figures: China's Main Imports from Indonesia Facts and Figures: China's Main Imports from Singapore Facts and Figures: China's Main Imports from Thailand Facts and Figures: China's Main Imports from ROK Drought Threatens Summer Harvest Inspection on Rural Enterprise Law Ends Local Lawmakers Trained for Legislation Law (1) Local Lawmakers Trained for Legislation Law (2) 28 Enterprises Clean Up Pollution XEROX Adjusts Development Strategy in China 100,000 Internet Users In East China Province Anti-Cancer Element Produced in China Toshiba Against Chinese Consumer Rights Law (1) Toshiba Against Chinese Consumer Rights Law (2) Housing Prices Up in China Page 231 of 705 © 2009 Factiva, Inc. All rights reserved. China Develops New Field Stretcher Chinese FM Meets Pakistani Guest 507 Kg Smuggled Ivory Seized in Shenzhen China Merges Intermediate Businesses (1 China Merges Intermediate Businesses (2 Scientists to Monitor Mount Everest's Environment Pollutants Found on Mount Everest: Survey Shenzhen Outlines Future Development Blueprint Legend Reports 75 Percent Profit Growth Project Launched to Improve Ecology Along Yellow River On-Line Banking Enjoys Great Prospects in China (1) On-Line Banking Enjoys Great Prospects in China (2) Macao Hosts Eureka Meets Asia 2000 Shanghai Stock Index Up Shenzhen Stock Index Down Xinhua Stock Index Up Chinese Farmer Makes Fortune by Planting Trees Senior Army Official Meets Indian Guest Coastal City to Host Forum of Overseas Chinese Worldwide Page 232 of 705 © 2009 Factiva, Inc. All rights reserved. China Clamps Down on Rampant Cable Crimes Book on Jiang Zemin's Thoughts To Be Published Senior CPC Official Meets Australian Guests State Councilor Wu Yi to Attend Special Session of UN General Assembly China Concerned about Israeli-Palestinian Conflicts FM Spokeswoman on Japanese Loans to China Export & Import Fair Opens in Northeast Port City China Reiterates Support for Cambodia's Stance on Khmer Rouge Trial Banking Training Program Launched in Guangzhou FM Spokeswoman Slams Ishihara's Remarks on Taiwan Over 200 TV Journalists Focus on Chengdu East China Province to Establish Venture Capital Fund Hotel Management Giants Increase Presence in Shanghai Liaoning Attracts World's Leading Tyre Makers China Combats Fake Plugs, Sockets, Switches NPT Review Conference: Success in General, FM Spokeswoman State Council Holds Executive Meeting Page 233 of 705 © 2009 Factiva, Inc. All rights reserved. Government Officials Punished Over Three Gorges Scandal Emerging Bamboo Industry in China First Book on Uruguay Round Agreement Published in China CDB Advances On-Line Banking CMC Vice-Chairman Leaves for Trip to Three European Nations Chinese Vice-President Meets Angolan Delegation Chinese Defense Minister Meets Pakistani Guests Chinese Vice-Premier Meets Sudanese & Jordanian Guests Chinese Vice Premier Meets Nigerian Guests. (c) Copyright 2000 Xinhua News Agency. Document xnews00020010819dw5n002hh Page 234 of 705 © 2009 Factiva, Inc. All rights reserved. Domestic News Items From Xinhua (1). 341 words 28 April 2000 Xinhua News Agency XNEWS English (c) Copyright 2000 Xinhua News Agency BEIJING, April 28 (Xinhua) - Following are today's domestic news items from Xinhua: Market Exchange Rates Chinese Aeronautic Employees Enjoy Life Insurance Highlights of Major Beijing-based Newspapers Archeologists Find Crocodile is Prototype of Dragon (1) Archeologists Find Crocodile is Prototype of Dragon (2) China's On-line Stores Booming Yungang Grottoes Applies for World Heritage List Ancient House and Tombs Unearthed in North China China to Hold Computer, Internet Contest for College Students NPC Vice-Chairman Leaves for Inter-Parliamentary Union Conference Caves Inhabited By Human 15,000 Years Ago Discovered in Yunnan Hi-tech Fire Prevention System in Use in North China Page 235 of 705 © 2009 Factiva, Inc. All rights reserved. China: Top of the Week (1) China: Top of the Week (2) Dusty Weather Forecast for Northern China China: Top of the Week (3) CAS Holds Activities to Promote Science Economists Predict Higher GDP Growth Rate This Year Model Workers Tour Great Wall VCDs on China's NPC Released Relief Aid Sent to Landslide Area in Tibet Labor Day Vacation Sets Off Tourism Boom in Hainan Chinese Cultural News: Weekly Highlights (1) Chinese Premier Meets ROK Foreign and Trade Minister Chinese Cultural News: Weekly Highlights (2) MOFTEC Holds Trade Training Courses in Northwest China's Foreign Trade Expected to Grow 10 Percent This Year (1) China's Foreign Trade Expected to Grow 10 Percent This Year (2) Chinese Trade Minister Meets ROK Trade, Foreign Minister Chinese Premier Meets Mongolian Foreign Minister Shanghai Stock Index Up Page 236 of 705 © 2009 Factiva, Inc. All rights reserved. People Daily Calls for Learning from Model Workers (1) Shenzhen Stock Index Mixed People Daily Calls for Learning from Model Workers (2) Xinhua Stock Index Up China Imports 500,000 Tons of Fertilizer from U.S. Eximbank Provides Credit for Bangladesh Telecom Project Beijing to Hold China International Friendship Cities Conference Five Chinese Cities Report Hazardous Air China Maintains Sustainable Energy Development (1) China Maintains Sustainable Energy Development (2) Hotline Helps Deal with Complaint Against Police URGENT: Chinese President Back After Five-Nation Visit Chinese Vice-Premier Meets Nigerian Minister. (c) Copyright 2000 Xinhua News Agency. Document xnews00020010818dw4s01qih Page 237 of 705 © 2009 Factiva, Inc. All rights reserved. HOUSE COMMITTEE ON INTERNATIONAL RELATIONS: SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS HOLDS HEARING ON CHILDREN'S RIGHTS IN CUBA 34,385 words 20 April 2000 Political Transcripts by Federal Document Clearing House CHTS English (Copyright 2000 by Federal Document Clearing House, Inc.) SPEAKERS: U.S. REPRESENTATIVE CHRISTOPHER H. SMITH (R-NJ), CHAIRMAN U.S. REPRESENTATIVE WILLIAM F. GOODLING (R-PA) U.S. REPRESENTATIVE HENRY J. HYDE (R-IL) U.S. REPRESENTATIVE THOMAS GERARD TANCREDO (R-CO) U.S. REPRESENTATIVE DAN BURTON (R-IN) U.S. REPRESENTATIVE CASS BALLENGER (R-NC) U.S. REPRESENTATIVE PETER T. KING (R-NY) U.S. REPRESENTATIVE MATT SALMON (R-AZ) U.S. REPRESENTATIVE CYNTHIA A. MCKINNEY (D-GA), RANKING U.S. REPRESENTATIVE ENI F.H. FALEOMAVAEGA (DEL-AS) U.S. REPRESENTATIVE EARL HILLARD (D-AL) U.S. REPRESENTATIVE BRAD SHERMAN (D-CA) U.S. REPRESENTATIVE WILLIAM DELAHUNT (D-MA) U.S. REPRESENTATIVE GREGORY W. MEEKS (DNY) MARIA DOMINGUEZ, EXECUTIVE DIRECTOR ST. THOMAS UNIVERSITY HUMAN RIGHTS CENTER REVEREND LUCIUS WALKER, EXECUTIVE DIRECTOR INTERRELIGIOUS FOUNDATION FOR COMMUNITY ORGANIZATION RECIPIENT OF THE ORDER OF FRIENDSHIP CONFERRED BY THE GOVERNMENT OF CUBA ILEANA FUENTES, FEMINIST AUTHOR SURVIVOR OF OPERATION PEDRO PAN JORGE GARCIA, GRANDFATHER OF CHILD KILLED IN THE CUBAN GOVERNMENT'S SINKING OF THE REFUGEE SHIP "13 DE MARZO" AND FORMER SCHOOLTEACHER IN CUBA JOSE COHEN, FATHER OF THREE CHILDREN STILL BEING HELD IN CUBA NERI TORRES, DANCE AND CHOREOGRAPHER, FOUNDER AND ARTISTIC DIRECTOR OF IFE-ILE Page 238 of 705 © 2009 Factiva, Inc. All rights reserved. DANIEL SHANFIELD LAWYERS COMMITTEE FOR HUMAN RIGHTS SMITH: The subcommittee will come to order. Good afternoon. The tragic plight of 6-year-old Elian Gonzalez has focused the attention of the American public on two dramatically different views of what life might be like for children in Cuba and in particular of what would happen to a child who is returned to Cuba after managing to escape to the United States. The picture presented by the Clinton administration and by many in the news media, especially here in the United States, might have been drawn by Norman Rockwell. The child is welcomed by a loving family, by his classmates and teachers, and life soon returns to normal. The only cloud on the horizon is that the family is poor, which in this version of events is caused by the U.S. trade embargo rather than by the policies of the Castro regime. But, on the whole, everyone is happy except a few people in Miami who, in this view, are the ones who caused the whole problem in the first place. In the other picture, it is the child himself who is unhappy, and he is likely to be very unhappy for the rest of his life. Upon his return to Cuba, the child is greeted by mass demonstrations ordered by the government. There are banners announcing that the Cuban people have reclaimed their son who was kidnapped by the enemies of the revolution. A government official announces that the child is a possession of the Cuban state. Arrangements are made for a public appearance with Castro himself provided that measures can be taken to guarantee that the child will not spoil the occasion by showing fear or some other inappropriate emotion in the presence of the dictator. But in this version of events, the homecoming is only the beginning. For the rest of his life the child will be in the effective custody not of his father but of the Cuban government. His education will consist mostly of political indoctrination, and when he is 11 he will be taken to a work camp for weeks or months of forced labor and even more intense indoctrination. The child and his family are watched every day and hour of their lives by government agents. If these agents see anything suspicious, any signs of independent thought or action as the child grows older, there will be a stern warning from the security forces and from the local government enforcers. If he should ever dare to speak his mind, he can be arrested and imprisoned for a crime called dangerousness, and he will never, never be allowed to leave. Page 239 of 705 © 2009 Factiva, Inc. All rights reserved. Today's hearing is an attempt to learn which of these two views is more consistent with the facts. We will hear from experts on Cuban law who will describe the respective roles assigned to the family and to the government in raising children. We will also hear the testimony of witnesses who have first-hand experience with the Cuban education system, the law enforcement system, the committees for the defense of the revolution, and other agencies of the government and of the Communist Party with which the child will come in contact. I hope these witnesses will address not only the way the Cuban government treats ordinary children but also any special treatment it might be expected to give a child who had to come to it with special attention. Finally, we will hear testimony on the extent to which the United States' legal system should take account of these facts about Cuba or for that matter about any other country in deciding whether to return a child, whether in the context of an asylum application or any other immigration proceeding. I want to make clear at the outset that I find the Elian Gonzalez case deeply troubling. On the one hand, in determining what is in the best interest of the child, I firmly believe there should be a strong presumption that the child's best interests is to be with his natural parents or parent. But there are exceptions to this rule, however rare, and what troubles me the most about this case is that there has never been a judicial or administrative hearing to take evidence and find facts in an attempt to consider carefully and objectively whether this case falls within one of those rare exceptions. Instead the attorney general seems to have substituted her own intuitive judgment based solely on an interview by an INS official in Cuba with the father. This informal fact-finding process seems to have dramatically underestimated the extent to which the boy's father's actions may have been dictated by fear of the Cuban government, as well as to the extent to which the child's own life will be controlled by the government rather than by his father if he returns. SMITH: Sending a child or anyone else for that matter back to Cuba is not the same as sending him to Mexico or France. For example, here in the United States, here's what the United States State Department's 1999 Country Reports on Human Rights Practices have to say about arbitrary interference with privacy of the family, home, and correspondence. This is the U.S. State Department speaking. "Although the constitution provides for the enviability of a citizen's home and correspondence, official surveillance of private and family affairs by government-controlled mass organizations, such as the Committees for the Defense of the Revolution, remains one of the most pervasive and repressive features of Cuban life. The state has assumed the right to interfere in the lives of citizens, even those who do not actively oppose the government and its practices. The mass organizations' ostensible Page 240 of 705 © 2009 Factiva, Inc. All rights reserved. purpose is to improve the citizenry, but in fact their goal is to discover and to discourage non-conformity." Elsewhere in the State Department's report it says: "Education is grounded in Marxist ideology. State organizations and schools are charged with the integral formation of children and youth." The report goes on to say, and again this is the U.S. Department of State speaking: "The authorities utilize a wide range of social controls. The interior ministry employs an intricate system of informants and bloc committees, CDRs, to monitor and control public opinion. While less capable than in the past, CDRs continue to report on suspicious activity including conspicuous consumption, unauthorized meetings, including those with foreigners, and defiant attitudes towards the government and the revolution." State control over the lives of children in Cuba is perhaps even more pervasive than over the lives of other citizens. For example, Article 5 of the Children in Youth Code of the Republic of Cuba requires all persons who come in contact with children and youth, quote, "To be an example to the formation of the communist personality," closed quote. Article 11 requires that teachers show, and I quote, "A high mission -- the highest mission to the development of a communist personality in children," close quote. Article 23 limits eligibility for higher education to children who demonstrate, quote, "proper political attitude and social conduct." And there are many more. Maybe I'm wrong about what all this means for the future of Elian Gonzalez. Maybe an impartial hearing would determine that Elian's father is acting out of his own free will and that the Cuban government will leave him in peace to raise his son. But we will never know until we have such a hearing. The proceedings that are currently going on in federal court do not address the merits of these questions. Instead they are limited to a narrow procedural question, and that is whether it was in the attorney general's discretion to deny a hearing by letting Elian's father withdraw his asylum claim. The government is arguing that the attorney general's discretion is so broad that she can either grant or deny a hearing, either keep Elian here or send him back, whichever she chooses. This may be correct. The lower court agreed that her discretion under the immigration laws is so broad that she can send Elian back to Cuba without due process. But even if it's correct, it is absolutely not right. I look forward to hearing our very distinguished witnesses, and at this point I'd like to yield to my Page 241 of 705 © 2009 Factiva, Inc. All rights reserved. colleague, Cynthia McKinney, the ranking democrat. MCKINNEY: Thank you, Mr. Chairman. We're here today because as members of the House International Relations Committee, International Operations and Human Rights Subcommittee, we realize the profound importance the Elian Gonzalez case has had on all of us. You could say the whole world is watching us right now. Issues regarding the rule of law, immigration, and foreign policy have risen to the forefront, fueling heated debate from all sides of the political spectrum. Today our discussion focuses on the rights of the child in Cuba. There is no doubt that in the course of this hearing we will hear horror stories about the problems within Cuban society, but as in any society, a list of problems doesn't paint the entire picture. Right now, any unarmed black man in America ought to be afraid to go to New York City. I know I'm afraid to let my son go there, because he might come back to me in a body bag. But does that paint the entire picture of black life in America? We can't deny that there are human rights violations within Cuba, and we cannot deny that people lack certain freedoms in Cuba that we enjoy in our own country. The question is: What is life really like in Cuba, and how do we measure the quality of life in a nation? First, let me just state for the record, I believe in America. I believe in the America that puts the health and welfare of children first, the America that believes in the sanctity of family, the America that believes in the bond between a father and his child. But like many other Americans I'm forced to confront the stark contrasts between our rhetoric and our policies. Here in Washington, D.C., and in other cities across America, Latino children struggle to survive. They struggle against prejudice and discrimination. They struggle to stay out of prison. They struggle to enjoy what white American children take for granted --neighborhood schools full of equipment, happy teachers and high expectations, thriving neighborhoods with sidewalks and street lights, open spaces and parks, neighborhood sports programs paid for by their volunteer parents, college. Instead, most Latino children in this country have a much different experience, where their ability to speak the Spanish language outside of their home is assaulted by policy-makers, and their ability to learn English is defunded by those same politicians. And if they happen to live in the vicinity of Vieques, then they could even get bombed dead by live fire from the U.S. military. Page 242 of 705 © 2009 Factiva, Inc. All rights reserved. American children have easy access to video games whose objectives are to score as many kills as possible. And unfortunately, our children bring those video games to life and too often die at the hands of other children who take deadly aim at their schoolmates and neighbors with handguns and other weapons. In our own country, children simply have too much access to guns. They bring them into the schools, and unfortunately, we know the rest. Yesterday, President Clinton highlighted again the need for America to tighten its gun laws and to close the gun show loophole. We can't get that through Congress. In the meantime, however, every day our children walk into school concerned about their personal security. This simply doesn't happen in Cuba. Children don't have access to guns. Cuba is no paradise, but neither is Cuba a place where the health and welfare of children is ignored. Just as we use health, education, and family life statistics to assess life in America, we, too, can use them to help us tell about life in Cuba. Cuba is one of the privileged nations in the world that has virtually 100 percent literacy. By every standard and in every reference work, literacy in Cuba is as high as it is in the United States. In Cuba, university is fully funded by the government, and students don't face obstacles based on race or socioeconomic status, unlike in the United States where affirmative actions programs that embrace opportunity for America's minorities are being wiped out by political decision-makers. Unfortunately, in the United States today Latino children are still far less likely to go to college than their white counterparts. A recent report by UNESCO concluded that the public educational system in Cuba is the best in Latin America. In the case of Elian, straight from Cuba's educational system, he was so advanced for a 6-yearold that his Miami school promoted him to the first grade. Despite the debilitating effects of the U.S. embargo, Cuba has tightened its belt in other areas to ensure that Cuban children receive a quality education. In our own country, we have over 40 million Americans uninsured and millions more who are underinsured. We have a health care system in this country that provides excellent care for the rich, but too many Americans have health care options that are limited. In Cuba, however, there's free and universal health care for all citizens. There is no need for an insurance card or lengthy phone calls over whether your HMO will pay for a certain procedure. Instead, Page 243 of 705 © 2009 Factiva, Inc. All rights reserved. Cuba has to deal with the thorny issue of health care tourists who go to Cuba to get medical attention that they can't get in their own countries. The Cuban government takes full responsibility for the health of its people. The population receives free preventive, curative, and rehabilitative services, which range from primary care, routine medical attention, and dentistry to hospital care requiring the use of highly sophisticated medical technologies. In addition, all necessary diagnostic testing and drugs are provided free of charge to pregnant women. Perhaps this is why Cuba has a lower infant mortality than we have right here in Washington, D.C. Because of the family doctor program, every Cuban neighborhood has a physician and a clinic. There are almost three doctors for every 500 Cuban citizens. In the United States, our rate is just over one doctor for every 500 U.S. citizens, and we know the areas that are likely to go underserved. The preponderance of those doctors are in the swanky suburbs not in our central cities or in our rural areas. Now, because the Cuban government prioritizes education and health care for its citizens, it has produced for them solid, recognizable results. However, the Cuban health care system does experience a lack of medicine, medicine that is desperately needed to ensure the health of Cuban children, medicine that United States policy restricts from reaching the Cuba shores. Pay attention to the policy. We are currently sending medicine to Vietnam, China, North Korea, and Iraq. Vietnam is a communist country with a government that we went to war against. China is a communist country with a deplorable human rights record, and now with stolen military secrets that threaten our national security. North Korea is a communist country that will get two nuclear reactors from us. And Iraq, our former ally, is now an enemy that we are in a state of war against. They all receive medicine from the United States. If we're truly concerned about the status of children in Cuba, the first thing we should do is allow medicine into the country. We should today devote ourselves to making the lives of all Cuban children better. Representatives Jose Serrano and Charlie Rangel have introduced bill that will allow food, medicine and supplies from the United States to enter Cuba. We should support them. The second thing we should do is lift the embargo. The economic embargo of Cuba has not produced the desired result. Now it might serve as a salve on the consciences of those who have problems with the current government, but it certainly hasn't produced the results that they or we want. In addition, the embargo has been condemned by Pope John Paul II as oppressive economic measures that are unjust and ethically unacceptable. Congressman Ron Paul, Republican, has introduced a bill to lift the embargo, and we should support it. Page 244 of 705 © 2009 Factiva, Inc. All rights reserved. Mr. Chairman, to merely denounce the human rights record of Cuba in order to justify the hardline approach of U.S. policy is insufficient. If we are serious about making a positive impact on human rights in Cuba, we need to reexamine our policies. And by the way, if the law is changed to allow Elian to stay in the United States, then all the children from Chiapas, Mexico, Kosovo, Yugoslavia, Beijing, China, and Iraq need to be included in that law. And certainly, you wouldn't leave out the Rwandan orphans who lost their parents in the genocide that Madeleine Albright and President Clinton wouldn't stop. And let's make sure that we go and find that 16year old Chinese girl who was shackled and praying as she was sent back to China. Let's go get the 409 Haitians and Dominicans who entered the United States on New Year's Day and were promptly sent back. Let's go out and get the children of the indigenous people who are negatively impacted by our insatiable thirst for oil, uranium, and diamonds. But let's go further back and find all the children who tried to enter our country during the days of the Latin America's U.S.-supported despots. Finally, Mr. Chairman, I am concerned about the rule of law. Do some people in this country think they're above the law? Doris Meissner, commissioner of the Immigration and Naturalization Service, stated in a press statement on January 5 that this decision has been based on the facts and the law. Attorney General Janet Reno has shown tremendous restraint, grace, and courage in the face of mob intransigence. Today is April 13, and still the child is not with his father. Let me conclude this way: As a mother, I grieve for Elian's mother who gave her own life to try and bring Elian to America, and had she lived this would be a different story. But she did not. And now we're left with a child, a little boy, separated from his father by a series of tragic events. MCKINNEY: We must not lose sight of the facts, however. Elian's father also had custody of Elian in Cuba. Elian's mother took Elian away from his father and illegally left Cuba's shores for America. Elian belongs with his loving father who wants him. Think what will happen if we don't return the boy to his father. How many American children have been snatched by one parent and are now in foreign countries? Don't we fight to get our own children back? Don't all parents have rights recognized by international law? And the last time I checked fathers are parents too. False principle destroys all credibility and wisdom, and at the end of the day the arguments that favor keeping Elian here in America, away from his father, are all built on an incredibly transparent false principle that destroys all credibility and wisdom in their position. Thank you, Mr. Chairman. Page 245 of 705 © 2009 Factiva, Inc. All rights reserved. SMITH: Thank you very much, Ms. McKinney. Just let me -- a matter of the order that we will proceed. Committee rules stipulate that members who were here at the gavel in order of seniority will make their opening statements followed by other members who were here at the gavel and then committee members who came in later at the time of their arrival. So I'd like to recognize at this point the gentleman, Eni Faleomavaega. FALEOMAVAEGA: Thank you, Mr. Chairman, and I want to certainly commend you for your leadership and being a champion of human rights as a member of this committee, and over the years the privilege that I've had in working with you and your fortitude and courage in trying to bring out to light some of these issues that are very important, not only to our American community but throughout the world. I would like to, first, also express my association with some of the comments that were made earlier by the gentlelady from Georgia. Very keen observation of some of the contradictions and the problems that we point the finger at other countries of the world or their problems. Sometimes we tend to forget that we have our own problems and tend to kind of push them aside and not making it as a matter of reality and to confront these problems courageously and to find solutions to them. Mr. Chairman, the issue that is before us, I don't need to say how much the media has played this, not only in the sense of our national norm where every American parent, every American all over the country has seen through and between and below and above everything that we have seen about this child named Elian Gonzalez. Elian Gonzalez to me is not a Cuban; he's a child. And I'm sure that every parent here in America would have a sense of compassion and understanding of what this child is going through. And sincerely, Mr. Chairman, I hope we don't politicize this hearing to the extent of making it as an emotional issue, but to the extent that hopefully that if the witnesses that are before us are going to shed more light and understanding and appreciation of what is happening not only with Fidel Castro's administration and his own ruling there in Cuba but also for us to understand more forcefully what we have to do. And I can say at this point in time that I don't envy what our attorney general has had to go through in trying to make those decisions -- not necessarily popular, not necessarily right if there is a rightness in this issue. We can all claim laurels and beliefs in everything that we believe what this nation is all about, but the Page 246 of 705 © 2009 Factiva, Inc. All rights reserved. bottom line here is that we talk about human rights of everybody else, but we never had a sense of appreciation if there are human rights also for children. And I sincerely hope, Mr. Chairman, that when we hear from our witnesses and the dialogue and the questions -- I do have several questions of my own that I want to proceed with this hearing -- but I hope that our hearing will be one of construction and not of divisiveness, and hopefully that it will provide a better bearing, not only for Elian's sake but certainly as a nation we need to reflect deeply about the serious social and political implications of what this case has brought to the nation by the media. Thank you, Mr. Chairman. SMITH: Thank you very much, Mr. Faleomavaega. Just let me say before yielding to Mr. Diaz-Balart that it's just worth noting at this juncture that if we were to conduct such an exercise as this in Cuba, unless we agreed with the government, we would be thrown or at least arrested or interrogated. The country reports on human rights practices makes it very clear that the estimation is that there are between 350 to 400 political prisoners in Cuban jails. I yield to Lincoln Diaz-Balart. DIAZ-BALART: Thank you, Mr. Chairman, and I thank the committee for its courtesy in permitting me as a member of the Rules Committee to be here today and express my thoughts. I think that in the just four and one-half months since the Elian Gonzalez matter has brought to international attention the issue of Cuba, it's important to point out the abuses against children in Cuba that highlight the lack of parental and children's rights under the totalitarian state there. I have some examples that I'd like to mention, just a few, that have come to my attention due to the courageous, very courageous, work of independent journalists on the island who have managed to send out to the international community their reports despite a law that Castro's public parliament passed just a few months ago threatening up to 30 years imprisonment for, quote, "crimes," unquote, such as reporting on human rights abuses. On January 14 of this year, the independent journalist Victor Rolando Arroyo was sentenced to six months in prison for purchasing toys to give to needy children in Cuba to commemorate Three Kings Day, which is, in the Hispanic world, the day in which Christmas is commemorated for children. During his trial, Mr. Arroyo stated, and I quote: "I think public opinion, international public opinion, needs to meditate on what has occurred and evaluate that in Cuba you're not allowed to give toys to needy children. The government mobilizes thousands to claim a child, while thousands of children are denied a simple toy Page 247 of 705 © 2009 Factiva, Inc. All rights reserved. which might bring them a smile," end quote. January 22 of this year, in the town of Pedro Betancourt, Matanzas, the family of Miguel Sigler Amaya, an activist of the Movimiento Opcion Alternativa, was brutally beaten by the branch of Castro's state security forces known as the Brigades of Fast Response. The four children of Mr. Sigler Amaya, who range in ages between 3 and 14, after the brutal beatings were arrested along with their mother, who was also arrested in a semi-conscious state due to the attack by Castro's agents. January 24 of this year, in Las Tunas, a 9-year old girl, Alba Riveron Fuentes, was expelled from school for not participating in the activities of the Union of Young Communist Pioneers. The 14-year old daughter of the dissident, Leida Miranda, on January 25, in Cienfuegos, was reported missing to police. The police informed Ms. Miranda, the dissident, that, quote, "They didn't have gasoline in their vehicles in order to search for your daughter." Ms. Miranda further denounced the Cuba press that the police had expressly refused to post missing posters of her daughter. March 13, in Caibarien, Villa Clara, Duniesky Rodriquez, age 17, was beaten by the police in Santi Espiritu because of his friendship with members of the dissident movement. A Cuban state security agent named Jorge Luis -- last name unknown -- told the 17-year old that he has 30 days to leave Caibarien. March 14, this year, it was reported from Havana by Hector Maseda that 10th and 11th graders from the vocational school Lenin were being obligated to participate in daily demonstrations. The students are taken daily to political activities after completing their class days. One student stated: We're exhausted due to these countless demonstrations and the lack of proper nutrition in our school. We're awakened at 6:00. Many times we don't get to our room until one in the morning due to these forced demonstrations April 3, in Las Tunas, dissident Aida Perez, the grandmother of 12-year-old Isidro Quinones Perez, who has been missing for four months, denounced that the national police refused to search for her grandson. As a matter of fact they told her, quote, "Look him up. When you find him -- look for him, and when you find him turn him over so we can place in a correctional school." April 4, this year, this month, in Camaguey, Jorge Ribes was sentenced to seven months in prison for not permitting his fourth-grade son to participate in the Union of the Young Communist Pioneers or participate in political activities during school hours. The school principal, her name is Maritza Varon, denounced Mr. Ribes to the police. He was charged with, quote, "an act against the normal development of a child," unquote. Page 248 of 705 © 2009 Factiva, Inc. All rights reserved. April 5, this month, 76 elementary children, the school Arquimedes Colina, were denied a week-end pass to see their parents, because they had refused to see the television programs, which are daily now, called tribuna abierta, where Castro discusses the Elian affair. April 10, reported from Havana -- that's just three days ago --that all the middle schools in the city have required the children to answer a question at the end of their math exams: What is your opinion on the Elian Gonzalez case? The children are graded on their responses. A parent interviewed by Cuba Verdad press stated: At first I didn't understand. I thought I wasn't listening correctly. Then I thought my child had confused the subject area. Later I was totally shocked to find out that it's true. Another parent stated, "My child asked me, 'What does mathematics have to do with Elian?' I didn't know the answer to that. I was completely dumbfounded," end quote. The day before yesterday, the El Nuevo Herald reported that Hans Dominguez, who is 15, not only was harassed but threatened with expulsion, because his father is a member of the Trenta de Noviembre (ph) Frank Pais Opposition Party. It's going on now; it's not theory, Mr. Chairman. I'm always curious as to how it is that it seems that for some people it's not all right for black dictators in Nigeria, for example, like Abacha, to oppress people, or Cedras in Haiti -- and I know that I certainly was in the front row of all of our efforts to oppose those dictatorships -- and yet it's all right for a white dictator, son of a Spanish soldier who went to Cuba, to fight the insurrection, the Cuban insurrection, a white dictator, it's all right for him to oppress a people, a majority of which are black and mulatto. The leaders of the Cuban opposition today, people like Vladmiro Roca and Felix Bonne and Jorge Luis Garciapara Sontunas (ph) are black men and women, and they are going to be elected in the future as leaders of Cuba when there is a democratic Cuba. And the reality of the matter is postponing the inevitable is not only abhorrent but it is, as I have said, making excuses for a Spaniard, white dictator to oppress a people that is majority mixed race. SMITH: Thank you very much, Mr. Diaz-Balart. The Chair recognizes Mr. Payne. PAYNE: Thank you very much. Page 249 of 705 © 2009 Factiva, Inc. All rights reserved. I was going to just pass because of the deference to the witnesses, but I do want to clarify the issue of black dictators in Abacha, I think he was trying to say. But we have -- it was myself and the members of the Congressional Black Caucus that said we should have sanctions on Nigeria, that we should press all kinds of ways to have human rights in Nigeria. And so I don't know where race has anything to do with the rights of children. I am a new grandfather of triplets -- they're 19, 20 months old -- and I raised my own children, and now I have triplets real close to me. And so I thought this was dealing with the rights of children and children in Cuba. And I think that we're already seeing people talking about, as Ms. Cynthia McKinney mentioned, the fact that there is certainly inequities in the U.S. government system. Of course a law was passed, and people are taking advantage of the law, but in this country we have found that African-Americans who have been here since 1492 are still trying to get laws, trying to get confederate flags taken down, trying to get equal opportunity. And so I think that this whole question is becoming broader, and it's starting to take a face that I think is not healthy for the residents or Florida and particular in Miami. I've heard statements recently that I've never heard before. We are a country of laws, and when you don't like the law you don't defy the law. You don't take the law into your own hands; you don't say that you're not going to comply; you don't have elected officials say we're going to restrain our police officers from doing their job. PAYNE: I've been pretty silent on this case, but I see that it is taking some different -- it's moving in other directions, and I think that it's unhealthy, and I think that it's stimulating some of us who have sat back to become very involved and very forceful and very vocal in this whole matter. So, I'll yield back the balance of my time. SMITH: Thank you very much, Mr. Payne. The Chair recognizes Ileana Ros-Lehtinen. ROS-LEHTINEN: Thank you so much. I'd like to thank the chairman of this subcommittee, my friend and dear colleague, Congressman Chris Smith for his commitment to human rights throughout the world and for his ongoing leadership and for the cooperation in holding this very important hearing today. When Patrick Henry said, "Give me liberty or give me death," little did he know that he would inspire future generations of Cuban freedom seekers who risked life and limb to fight and to escape Castro's Page 250 of 705 © 2009 Factiva, Inc. All rights reserved. gulag, little did he know that his words would resonate loudly in the heart and mind of Elisabeth Brotons, Elian Gonzalez' mother. Her voice is never listened to very much, but she drowned praying for her little boy to survive and reach our great country, the land of liberty, the United States, that has given refuge to Mr. Diaz-Balart and to myself. Stop a moment and think how horrific must living conditions be under oppressive totalitarian dictatorship? How fearful must Elisabeth Brotons have been for her little boy's future that she would take such desperate measures? Only those who have personally experienced communism, who have had liberty taken away from them, could fully understand how heinous the Castro regime is to its people and especially to its children. The case of Elian Gonzalez has received much media attention, but despite our best efforts to counter the Castro propaganda machine, the truth about conditions for children in Cuba, the facts about communist dictatorship's sense of family and its treatment of children, the reality which awaits Elian if he is deported to Cuba, these facts have yet to receive the attention they merit. First, let us address the fallacy that Elian would be returned to his father. Castro officials themselves last week stated clearly and publicly that Elian is indeed the property of the Cuban state. This country went to war to eradicate such abhorrent treatment of persons as if they were sub-human or treated as property. Yet we should tolerate such conditions and such treatment for Elian Gonzalez? No, not for Elian and not for any child. This disregard for the value of children as human beings and for the essence of the family is pervasive throughout the so-called laws which guide Cuba's communist regime. Custody, according to the Cuban Code of the Family, Codiga de la Ninas y de la Hoventud (ph), can be denied to parents if they engage in behavior which runs contrary to Communist teachings. It's not me saying it; it's not Lincoln saying it. They publish it; they're proud of it. This is further illustrated in Articles 5 and 8 of the Code of the Child, which underscores that "The society and the state work for the efficient protection of youth against all influence contrary to their communist formation." And it further states that "the society and the state watch to ascertain that all persons who come in contact with the child constitute an example for the development of this communist personality." Those are quotes. To ascertain whether these dictums are acted upon, all that one needs to do is ask hundreds of children who have been left orphaned by the regime as their parents' Cuban rights -- activists and dissidents and political prisoners -- languish in squalid jail cells isolated from their sons and daughters. Page 251 of 705 © 2009 Factiva, Inc. All rights reserved. And this is the case of Noami (ph), the 9-year-old daughter of Milagros Cruzcano (ph) who was deprived of her mother because Cuban state security continued to arrest Milagros (ph) for her anti-social and dangerous behavior. Those are Castro's charges for those who call for human rights, for civil liberties, for democracy. That is a crime in Castro's Cuba. Milagros (ph) was forced into exile by the Castro regime, forced to board a plane last October. Castro's thugs, however, refused to let her take her daughter, who is now essentially a hostage of the regime. All photographs and letters from her mother are seized. Her every move is monitored. She is followed by state security. Noami (ph) is chastised and subjected to psychological torture because of her mother's political views. This is not fiction; this is not made-for-TV movie; this is reality right now. I've had the honor of spending a lot of time with Milagros (ph) who's on a hunger strike in Little Havana. I have seen her sorrow and her anguish. I have heard her frustration in her voice and her astonishment at the willingness of so many to believe and promote Castro's facade about family and the need to reunite Elian with his father. I have seen and heard this same anguish in Jose Cohen, one of the witnesses who will be testifying today, who has been struggling for over four years for the Castro regime to release his three children. However, the pain that Jose and Milagros (ph) feel cannot compare to the unbearable loss experienced by mothers, by fathers, by grandparents of the children who were murdered by the Castro regime on July 13, 1994, just a few years ago. These infants, toddlers, and teenagers joined their family in a tugboat that was named "13th of March" for a voyage that would -- they say, they hoped, they prayed --bring them to the land of liberty, the United States. However, the Cuban coast guard quickly turned water cannons on them, and when that did not succeed in drowning them all, they proceeded to ram the coast guard vessels into their tugboat until it was destroyed. Yes, they heard the cries of the children calling out for their parents as they gasped for air. Yes, they saw their frail little hands reaching out from beyond the waves. Yes, they felt the presence of death as their tiny bodies floated into the abyss. But Castro thugs did not care. Another one of today's witnesses, Jorge Andres Garcia, knows first-hand about this terrible crime, this gruesome example of the Castro's dictatorship abuse against Cuban children. He will describe the attack which resulted in the death of 14 out of 17 of his relatives, including his little grandson. He will elaborate upon the tactics used by the regime to manipulate him into endorsing the official version of events. Mr. Garcia will explain how the very same Ramirez Este Nos (ph), whom we now see at the side of Juan Miguel Gonzalez, Elian's father, is the one who was tasked to defend the attack on the 13th of March Page 252 of 705 © 2009 Factiva, Inc. All rights reserved. tugboat. The Castro regime had violated the most fundamental right endowed to man by the Creator -the right to life. Yet it would denounce the children and their parents in order to justify its actions. When looking at children's rights in Cuba and also Codigo de la Familia, another one of their proud statements about the rights of children, we must look at the indoctrination, the psychological and physical torture, the destruction of the child's psyche in the sense of right and wrong. We must pause and look at the evidence such as the one displayed in that photograph of that poster, mandatory physical education in Castro's Cuba, a photograph taken just a few months ago, children who are 5, 6, 7 years old holding rifles above their heads as part of their mandated physical education class. However, these are not mere exercises. This photograph illustrates the requirements that are clearly outlined in their very proud articles of the Cuban Code of the Child which states, "Children and youth must prepare themselves for the defense of the country through military education, acquisition of military knowledge and training." So this is everyday. And the state reinforces this requirement through books such as this one. And this is an actual photocopy of a book, a normal, regular text that is used in Castro's Cuba where they are given letters, and how will they learn the letters? F for fusil, a rifle. And how do they learn the G word? Well, they learn the G word, the "Gu" by guerrilla, and they have a picture here of guerrilla. And "Che", right here, pictured front and center, the heroes of the revolution. And how will they learn how groups are formed? Well, here they have a proud militia, because that's the M word, M for militia. And that's how they learn education in Cuba. Could anyone argue that this is an example of a healthy environment for children to be subjected to this type of indoctrination since the age of 4? Is this the kind of rights that children enjoy in Cuba? And this is the issue also of child slave labor. Article 44 of the Cuban Code of the Child underscores how, quote, "The combination of study and work is one of the fundamentals on which revolutionary education is based. This principle," it states, "is applied from infancy through simple labor activities, in primary education through farming and pioneer activities, and the modes of production in middle education through farm labor camps." Indoctrination, torture, forced labor, combat training, murder -- these are but just a few, microcosm really, of the gross violations of children's rights committed by the Castro regime, not in the past, right now, the very same communist totalitarian dictatorship which calls for Elian's return to Cuba. Do not be fooled. Open your eyes, open your hearts, let them guide you to the truth about children's rights in Cuba, to the grim reality of Castro's tyranny, right now, right now under our watch. Page 253 of 705 © 2009 Factiva, Inc. All rights reserved. Thank you, Mr. Chairman. SMITH: Ms. Ros-Lehtinen, thank you very much. The Chair recognizes Mr. Sherman. SHERMAN: Thank you, Mr. Chairman. The Cuban government is oppressive to adults and to children. That will be well documented by these hearings, as has already been documented before this subcommittee in many other hearings that you've had -- that we've had on human rights in Cuba and other countries. But Cuba's not the only oppressive government -- from Sudan, Iraq, Iran, Afghanistan, North Korea, the list goes on. We need a rule of law to determine how we will deal with distasteful situations that arise when there are politically charged instances involving oppressive regimes, a rule of law, established principles that are applied to all similar cases regardless of politics. Now in Cuba, they don't need the rule of law, or at least their government doesn't follow it. There, with their political advantage, a need of the dictator arises. That's what decides the case rather than the application of principles. But we in America, we need to follow the rule of law, and we need to establish rules that we're willing to see followed in case after case. And this is not the only case where a child is here in America, and that child's parents are planning to take the child back to an oppressive regime. In fact, that is an occurrence that happens hundreds or thousands of times every year, and we need to adopt a rule of law that applies in all similar circumstances. Only in Cuba would they dispense -- or only in an oppressive government would they dispense with applicable principles and do whatever seems called for in a case where a child is at the center of a political controversy or where a little boy has become internationally famous. Now, what should our rule of law be? Our rule of law has been, I think in all circumstances, that a parent or both parents speaking together, speaking freely, and unless there is proof that that parent or those parents are abusive, that that parent decides where a child will live and decides many other things about the child as well. What has been suggested as a result of Elian Gonzalez' difficult plight is that we adopt a new rule, a rule that says that where there's a competition for custody between a loving and freedom-loving American Page 254 of 705 © 2009 Factiva, Inc. All rights reserved. family on the one hand, and a parent or two parents on the other, parents that want to take the child back to an oppressive regime, that we should favor not the parent but the loving and freedom-loving American family. But what would this mean? This would mean that when the UN ambassador from Afghanistan or Sudan or North Korea plans to go home, that we stop them at the airport and take their children away and put those children with any freedom-loving American couple that wishes to adopt them. Yes, Elian's tragedy rips at our hearts and the death of Elian's mother touches us all. But does Elian need freedom any less than the children of the North Korean ambassador to the United Nations or the Sudanese ambassador to the United Nations? Those children will be flying out of this country in a year or two or three, leaving our jurisdiction and going to oppressive regimes. In each case, we must look at two values: the value of the parents' duty and obligation and rights to raise their children versus our natural desire to see all children raised in freedom. SHERMAN: And if we decide that freedom trumps parenthood, that politics exceeds the connection between a father and a child, then we had better be prepared to apply that when a little baby girl or boy is born in the home of the ambassador or a traveler from any oppressive regime. And I don't think we're ready to do that, Mr. Chairman. So we must follow the rule of law. And it is a difficult and a harsh rule. But for a variety of reasons children and adults leave our country everyday, sometimes voluntarily, sometimes deported. Sometimes the children wish to leave, sometimes the children do not. Sometimes the children are infants and have no opinion on the matter at all. And we must be prepared to apply the same standards. In this case, for a while, we wondered whether Elian's father was speaking freely, and those who are opponents and the most vocal opponents of the Cuban regime said: Let him bring his new wife and his baby child here to the United States so we know that he's speaking freely. That condition has been met, and we ought to prove to the world that even in the most politically charged circumstance, we follow the rule of law and not the rule of politics. At the same time, we ought to be doing everything possible to end the circumstance where millions of people live under an oppressive regime just 90 miles south of our state of Florida. And that concludes my remarks. SMITH: Thank you, Mr. Sherman. Page 255 of 705 © 2009 Factiva, Inc. All rights reserved. Mr. Delahunt. DELAHUNT: Thank you, Mr. Chairman. I have another engagement, so I'm going to have to excuse myself. In fact, I had doubts as to whether I would even be able to attend this particular hearing, and I had some reservations as to whether I wanted to make any statement whatsoever. I think Ms. McKinney's remarks and Mr. Sherman's reflects my own sentiments, but I was particularly disturbed listening today to an account that a videotape had been made of young Elian for dissemination over the public airways indicating that he made a statement before seeing his father that he did not want to return to Cuba. I think that motivated me to come here today. I think it was a disservice to that young child. I'm not going to make a statement, but what I am going to do is to read an opinion piece authored by a gentleman here in the United States House of Representatives who commands great respect on both sides of the aisle, and his name is Steve Largent, a Republican from Oklahoma. And this is dated April 5, 2000, and it was published in The New York Times. I'm going to take the time to read it as opposed to submit it into the record, and I'm quoting. These are his words; these are not my words -- let me be clear: "Politics is keeping Elian Gonzalez from his father, and it's time that he is returned. It's already been too long. The torturous four-month old custody battle over the boy rescued at sea last November continues to play out in the courts and in Washington, and now the political brawl has taken an ugly turn. Elian's relatives in Miami who have temporary custody of him and are seeking to block his return to Cuba stooped to criticizing the boy's father, Juan Miguel Gonzalez, attempting to whip up public sentiment for their cause. The relatives have suggested that the father is somehow unfit to care for his son. How do they know? Why are they only now raising this question? And what gives them or the court the right to decide such a thing? Do we really want the government sitting in judgment of every father when there is no apparent cause of action? How would the United States react if its role and Cuba's were reversed? "After leveling these charges against Elian's father earlier this week, a lawyer representing the boy's American relatives acknowledged on television they had no proof. 'We're sure he loves his own son,' admitted the lawyer, Linda Osberg-Braun, 'and we know Elian loves his father.' "Making political hay over a 6-year-old's tragedy of losing a mother may only compound his misery, experts say. "Ken Dackman (ph), a child psychologist in Chicago, said he worried that Elian's Miami relatives are Page 256 of 705 © 2009 Factiva, Inc. All rights reserved. shaping this child so that 'I don't think he will ever be able to recover fully.' Mr. Dackman, who is familiar with the case, warned that the little boy would be shadowed for a long time by feelings of distrust. "Elizabeth Loftus, a psychology professor at the University at Washington and a leading expert on memory in children, said any child as young as Elian would be particularly susceptible to suggestions that could alter his memory of his father. "Sadly, Elian's well-being seems to have little effect on the poisonous political rhetoric coming from Miami and Washington. "Some conservatives see this case as a long-sought opportunity to stick a finger in the eye of Fidel Castro. Let me say unequivocally that I am second to none in my dislike for Mr. Castro's totalitarian regime. But let's be reasonable. Elian is a little boy who has lost his mother and desperately needs his father. This is a family issue, first and foremost. To forget that and allow our hatred for the Cuban regime to keep us from doing what is best for the child is shameful. It's already a tragedy that the child lost his mother. It would be a travesty for our government to come between him and his father. "I came to Washington with a deep-seeded belief that the family is sovereign. You can't beat the family values and at the same time advocate that governments be allowed to come between a father and a child. What a tragic mistake it would be for society to allow the state or federal government to determine what's best for our children. But that's exactly what's happening in this tug of war over Elian Gonzalez. As a father of four, including three sons, I know how important daddies are to 6-year-old boys. The question then becomes: Is it better for Elian to live in our great country without his father or to live with his father in Cuba? No contest. I say reunite Elian with his daddy today. "Elian's father and five other Cubans now have their visas for travel to the United States. 'I'm willing to leave tomorrow,' his father said in a prepared statement, 'and I do not want to talk to any kidnapper nor accept any condition or take part in any show or publicity over the hand over of Elian.' So, what are we waiting for?" That concludes the opinion piece by Representative Steve Largent from Oklahoma. I yield back. SMITH: Thank you, Mr. Delahunt. Mr. Menendez? MENENDEZ: Thank you, Mr. Chairman. Page 257 of 705 © 2009 Factiva, Inc. All rights reserved. As a member of the full committee, I appreciate the opportunity to be with you and the ranking Democrat on the subcommittee today. And you called this hearing at a time in which I believe that certain communities and the nation's raw nerves are exposed. They're exposed because of a variety of views and a variety of issues. Elian is only the focus of the moment, but those issues far surpass Elian. I do regret the language that is being used by some of my colleagues, and I think that in the days ahead they will regret the language that is being used. I have tried throughout this whole process to be balanced and restrained in terms of the language I have used, because I know of some of the pain of different communities in this country, which I have shared and stood by with in each and every moment that I have been called upon to do so. But I think it is abhorrent to speak of a community such as we have heard the Cuban-American community spoken of in this country. When I hear the words "mob intransigence," when I hear "wackos," when I hear those type of terminology, it begins a slippery slope in which we will paint other communities who feel very passionately about their issues to be characterized in the same way. I am an admirer of Mahatma Gandhi and I am an admirer of Dr. King, and their civil disobedience efforts, which I'm sure were characterized in words just as punishing at the time, are now used today against a community who has shown nothing to date but restraint, has shown nothing today but except for abiding by the rule of law, and has shown nothing but the possibility of engaging in the very same acts that Americans of every strife and of every color in this country engage when they believe that fundamentally the law is wrong. The civil disobedience that takes place in the streets of the city when people believe that a law or the enforcement of the law is morally and ethically wrong is not characterized the way that I have heard this community characterized. I have sought to believe that the rule of law, yes, must be upheld at all costs, but the rule of law also means the right of American citizens to seek redress in the courts, to seek appeals when they believe that the court has ruled inappropriately. The reason that we have appellate courts is because they strike down the rulings of lower courts. No citizen in this country is told that their rights must be accelerated and/or abrogated, and we rebel, as Americans, when we hear that any citizen's rights have to be abrogated or should be abrogated. Yet Cuban-Americans, and in particular this family that has sought access to the courts for peaceful a resolution of the dispute of the issues are told: You must accelerate your rights. No other citizen, when they have to file an appeal, is told: You must accelerate your rights. Page 258 of 705 © 2009 Factiva, Inc. All rights reserved. And notwithstanding that, this group of American citizens have sought to go ahead and accelerate their rights, which in some way abrogates their rights. You know, I have sought to be consistent on this issue, whether it's in my opposition to most favored nation trading status in China, in my support for sanctions in Nigeria, or in my support against sanctions against the Castro regime. I have joined with my friends and colleagues to create greater uniformity and fairness in the immigration laws of this country. And I really am distressed to hear that while CubanAmericans are not above the law, they're certainly not beneath the law. Let me just briefly talk about the real reason I came here today, which is to talk about the rights of Cuban children or the lack thereof. The Castro regime -- and I think it's propitious in one sense that the UN Commission on Human Rights is hearing in Geneva testimony about these issues -- the Castro regime considers children to be wards of the state. The state is actually charged with the integral formation of children and youth; in fact, Article 39 of the Cuban socialist constitution says, and I quote, "that the education of children and youth in the communist spirit is the duty of a society as a whole." To ensure the children are properly indoctrinated, the Cuban educational system maintains a dossier for each child. The record reflects whether the family is religious, the extent of the ideological integration of a child's parents, what party organizations the parents participate in, whether the child has participated in political and ideological activities, and the child's progress in the areas of ideological, political, and moral education. As Americans, we would rebel against such a dossier being kept on our children. Children are also compelled by the state to participate in the Union of Communist Pioneers where they are further indoctrinated in Communist ideology and required to participate in political and military readiness activities. At age 10 -- at age 10 -- children must attend agricultural work camps for three months every year, and this is whether or not their parents want to give them up. The children are taken from their parents mandatorily. At the Escuelo del Campo, they engage in military games in which they learn how to hold bridges from enemy troops, find land mines, learn how to throw grenades through windows, and participate in other war or combat simulation games. Indoctrination aside, the future for Cuban children is not very bright. Past the age of 7, children no longer receive milk rations in a country that when the Soviet Union existed used to get $6 billion a year, and we did not put more food on the plates of Cuban families when the Soviet Union was pumping in $6 billion every year. No, we used it for military adventurism in Latin America and in Africa. According to the State Department's latest human rights report, the government employs forced labor including that by children. Now sometimes my colleagues seek to refer to the State Department's human rights reports when they find it propitious and ignore it when they do not find it to be propitious. I don't think we can do that. Page 259 of 705 © 2009 Factiva, Inc. All rights reserved. MENENDEZ: The regime claims to prohibit forced and bonded labor by children, but the State Department reports that the government requires children to work without compensation. All students over age 11 are expected to devote 30 to 45 days of their summer vacation to farm work, laboring up to eight hours per day. Now I just simply want to say there are many other rights that are violated. I ask unanimous consent to have my full statement entered into the record so I won't take up any more time. But I would -- and I respect the different views that my colleagues hold about our policy, but I would hope that we would watch the language that we apply to a community, and I would hope that the same passion would be exercised on behalf of Mr. Cohen who is here before us today, whose children are separated from his by the Castro regime which refuses to give them an exit visa as a punishment for his political activities. And I would hope that we would hear voices on behalf of Milagros Cruzcano (ph), an AfroCuban whose children are --or whose child, I should say, Noami (ph), is denied her simply as a punishment for her activities inside of Cuba. Then there would be a greater sense of fairness. Then there would be a greater sense of equality. Then maybe we could move forward. Thank you, Mr. Chairman. SMITH: Thank you, Mr. Menendez. Ms. Jackson Lee. JACKSON LEE: First of all, let me thank the chairman of this committee and the ranking member for their extreme kindness in allowing me to both sit in and to listen. Let me give -- allow me to give an initial apology that I may be in and out with hearings that I am now in the midst of. I left a hearing that my Committee on Immigration and Claims was holding dealing with justice for victims of terrorism. And I left that because this is an important day. There are no two more stronger advocates for human rights than both Chairman Smith and Ranking Member McKinney. So, this is an important day for us to be able to begin unfolding and understanding the human rights issues for children around the country and around the world. Interestingly enough, might I say to you that I look forward to the Immigration and Claims Subcommittee holding hearings on the inequitable ways children are treated under immigration laws. I'm willing to listen Page 260 of 705 © 2009 Factiva, Inc. All rights reserved. and to determine how we can do better. But I think it is important since I might glean from this hearing the focus of the hearing happens to be in conjunction with the actions that are going on now. And I would simply like to raise some of the issues that I think are held by a large number of people with a great concern for human rights, and that is that we do believe that there is merit to the existence of a living and natural father who has not shown any evidence in the instance of Elian Gonzalez in particular to have been abusive or unfit as a father. So we can begin to look at the entire question of human rights for children in this instance in the country of Cuba, but we can look for countries around the world. And we can begin to look as well for the treatment of children who are unaccompanied or come in a particular manner to this country and how the INS may or may not treat them. I look forward to doing that. In this instance, however, might I share just a few simple points? We understand just recently that the state court has indicated in Florida that they have no jurisdiction and that this is not a custody case. This is in fact, as we deal with it by the Department of Justice and the INS, a case of seeking asylum. And the only very narrow issue that we have here -- and we understand the difference of opinion. I have always said I respect the views of Cuban-Americans and their right to civil disobedience. I am a product of that. I have engaged in that and I respect it. But this is a question of whether or not a natural parent not accused of unfitness or abuse, at least with no documentation, can be allowed to make the determination as to whether or not the minor child should have asylum. This is all we ask, that Elian and his father be reunited. And, Mr. Cohen, I would ask no less for you. And so I would hope that as we look to learn today and we look to understand today, we will look at the larger and broader picture of how we treat our children. Might I just add, because I have worked a lot on children's issues, I've served as a municipal court judge, I have engaged in advocacy for children as many of us have, and I would only say and ask in a public plea, even in this hearing, that we have an opportunity or that we focus on the opportunity for Elian in this instance and his father to be reunited, and I might say, that the two families be reunited. And finally, that we might focus on the difficulty for a 6-year-old to be utilized in any manner that would cause him to be in public display of words that we may not be aware or may not have any basis upon whether he's actually said these words in a public video. I would ask that whatever position we may have Page 261 of 705 © 2009 Factiva, Inc. All rights reserved. that we not utilize those tactics and that human rights be our priority for all people and that we certainly review the status of human rights for our children. This is a very important hearing today, and I'm very gratified for the opportunity to have been allowed to make a few remarks. I yield back. Thank you. SMITH: Ms. Jackson Lee, thank you very much. I'd like to now present our very distinguished panel of seven witnesses in the order that they will present their testimonies. And without objection, all of your full statements will be made a part of the record, but you can proceed however you like. Dr. Maria Dominguez is an attorney and the executive director of the St. Thomas University Human Rights Institute, a published specialist in immigration and refugee law. Dr. Dominguez has served on the U.S. Delegation to the UN Human Rights Commission in Geneva and has appeared as a witness before several congressional committees and subcommittees. Among her other activities she was the founding co-chair of the Guantanamo Refugee Assimilation and Self-Sufficiency Project. The Reverend Lucius Walker, Jr., is the executive director of the Interreligious Foundation for Community Organization, the founder of Pastors for Peace, and the founding pastor of Salvation Baptist Church in Brooklyn, New York. A long-time protester of the United States policy towards Cuba, Reverend Walker is the recipient of the Order of Friendship and the Carlos Finley (ph) award conferred on him by the government of Cuba. Ileana Fuentes is a feminist author and critic living in Miami. She originally arrived here from Cuba as one of the 14,000 Operation Pedro Pan refugee children whose parents sent them unaccompanied to this country in the hope that they would find a better life in the United States. Jorge Garcia lost 14 members of his family in the Cuban government's attack on the 13th of March refugee tugboat, including his son and grandson. A doctor of education, he served as the director of several schools and education centers in Cuba. After directing an extensive investigation into the 13th of March killings, Mr. Garcia testified before the UN Human Rights Commission about that very tragic and despicable incident. Page 262 of 705 © 2009 Factiva, Inc. All rights reserved. Neri Torres is a native Cuban, is the founder and artistic director of IFE-ILE, an artistic organization specializing in Afro-Cuban dance. A graduate of the National School of Arts in Havana, Ms. Torres is an accomplished dancer and choreographer and has worked closely with artists such as Gloria Estefan. During her life in Cuba, Ms. Torres was also a victim of forced child labor. Jose Cohen served as an intelligence officer in Cuba for six years. In 1994, he escaped Cuba on a raft and fled to freedom in the United States. In 1996, his parents, wife and three children were granted U.S. exit visas. However, during the past four years ,the Castro regime has refused to authorize their exit, holding the family in Cuba against their will. Daniel Shanfield is a staff attorney with the Lawyers Committee for Human Rights where he oversees the asylum program. Prior to joining the Lawyers Committee, Mr. Shanfield served as a trial attorney for the U.S. Immigration and Naturalization Service, as well as a research assistant for the United Nations high commissioner for refugees in Geneva. He will be addressing the rule of law issues, and members might want to stay on who have expressed concerns about that for his testimony. Doctor? DOMINGUEZ: Mr. Chairman, distinguished members of Congress, I thank you for the opportunity to address you on this very sensitive and important topic. I would like to particularly recognize the representatives from Florida, Congresswoman Ileana Ros-Lehtinen and Congressman Lincoln DiazBalart; a special salute to Mr. Bob Menendez from New Jersey. I have prepared a written statement but would like the opportunity to submit a more extensive written testimony for inclusion in the record. SMITH: Doctor, without objection, your full statement and that of all of our other distinguished witnesses will be made a part of the record. DOMINGUEZ: Thank you, Mr. Chairman. I teach human rights and the law at St. Thomas University in Florida, and my students have recently studied both the declaration and the convention on the rights of the child. They were surprised to learn that the United States had not ratified the convention, but they're also learning that the implementation process is very difficult and complex. I have just returned from Geneva where I attended part of the annual meeting on the Commission of Human Rights. Some of your concerns are also the concerns of other countries. I am hopeful that Page 263 of 705 © 2009 Factiva, Inc. All rights reserved. hearings such as this advance efforts in making human rights a reality for each and every child in the world. Today, however, I will specifically highlight certain Cuban documents that deal with and set parameters on the civic, political, economic, social, and cultural rights of Cuban children in the island. I shall start with the 1992 Cuban constitution and then cover very briefly the Cuban Code of Childhood and Youth as well as relevant articles in the Cuban Family Code. The Cuban constitution, as amended in 1992, sets forth the goals for the Cuban state and its society. Article 1 of chapter one states that Cuba is a socialist state of workers. Article 5 further states that the Communist Party of Cuba, described as Marxist-Leninist and as the organized vanguard of the Cuban nation, is a superior leading force of the society and the state, organizing and guiding the common efforts aimed at the highest goals of the construction of socialism and the advancement toward the communist society. Article 6 describes the Union of Young Communists as an entity having the preeminent function of promoting the act of participation of the young masses and the task of socialist construction. Under chapter four, called The Family, Article 38 declares that Cuban parents have a duty to contribute actively in their children's integral development as, and I quote, "useful, well-prepared citizens for life in a socialist society," end of quote. Chapter five, entitled Education and Culture, starts with article 39, which states that the state guides, fosters and promotes education in all their manifestations. It lists 10 principles for its educational and cultural policies. I will only highlight two relevant principles within Article 39. The first one is that the state basis is educational and cultural policies of Marxist ideologies. Second, that the state promotes the patriotic education and communist training for the new generation and the preparation of children, young people, and adults for such a life. To implement these principles, education is combined with work and participation in political, social, and military training activities. The state also promotes the participation of its citizens through the country's mass and social organizations in the implementation of its educational and cultural policies. Finally, under chapter seven, the Cuban constitution describes fundamental rights and duties. Article 62 leaves no doubt as to the measured principle laid out throughout the text. It reads, and I quote, "None of the freedoms which are recognized for citizens can be exercised contrary to what is established in the constitution and the law, or contrary to the existence and objectives of the socialist state, or contrary to the decision of the Cuban people to build socialism and communism. Violations of this principle can be punished by law," end of quote. The second document I would like to bring to your attention is the Code of Childhood and Youth, law Page 264 of 705 © 2009 Factiva, Inc. All rights reserved. number 16, enacted on June 6, 1978, which is a legally binding document on all minors, parents, and teachers in Cuba. I have identified at least 15 articles which should be cause for concern, and I strongly recommend that you read it and analyze it carefully to gain a wider perspective on how this state controls children's functions, education and upbringing in Cuba above and beyond the parents. DOMINGUEZ: I especially would like to highlight articles 3, 5, 7 through 10, 18, 20, 23, 33, 40, 68, 83, 90, and 101. All these articles call for the communist formation of the young generation and the fostering of the ideological values of communism in the youth. I highlight article 18 in particular, because it states that educators have the elevated mission in the formation of the communist personality. And article 20 again postulates that the school is the basic educational institution contributing decisively in the communist formation. The code highlights the state entity's relationship with mass organizations and the Union of Communist Youth for the purpose of sustaining a coordinated effort in the development of children and youth. These articles lead me to believe and conclude that parental decisions are certainly subservient to the state and that parents, or anyone else for that matter, will be punished if found to disagree with the state's principle to develop the communist personality in children and youth. In other words, parents are not free to choose any alternative lifestyle for their children. Article 62 under the constitution makes it very clear. Furthermore, the Cuban Family Code stipulates under Title 2, chapter 2, entitled "Relationship Between Parents and Children," section one, patria potestas and its exercise, which is the parental custody article, number 85, subsection 213, that that the concept of patria potestas entails the duty of the parent to infiltrate the spirit of internationalism and socialist morality. The socialist concept of the family does not accept the idea of the family as a private contractual union. The primary role of the family in socialist Cuba is to contribute to the development and upbringing of children in accordance with socialist values. And any dissent or attempt to deviate from this role may be punishable under the law. The Family Code, therefore, underscores the supremacy of the state's principles over the parent's own beliefs and individual decision-making processes. In practice, all of these legal norms and laws are implemented through a very rigid and controlled environment. For example, the child is obligated to carry an identity card that lists all addresses, school attendance and political attitude, such as the child's participation in the Communist Pioneers Association. This ID card serves the state's purpose in controlling the child throughout his formative years. The Cuban state realizes that the early formative years in a child's life are crucial for his personality development. Therefore, parents and the extended family cannot participate in the child's education or extracurricular activities which are contrary to the state's principles. Another method in implementing the state principle is to transport children throughout the cities and Page 265 of 705 © 2009 Factiva, Inc. All rights reserved. towns to participate in political activities and without obtaining parental consent. The state also controls children once they are of school age through another document called "student cumulative dossier." The child's academic, political, religious behavior is recorded by the teacher. It also records the parent's behavior towards religion, their political opinion, their economic standing, their family relations, and much more. This document also notes the child's participation in the so-called, quote, unquote, "voluntary work." Children who are 10 years or older are required by the state to perform agricultural work at camps in the country for three months every year. Parents have no say in this. Promiscuity is reported to be rampant at these countryside schools. I have heard numerous accounts and testimony from parents who come to live in the United States out of desperation and concern for the lack of control they have over their children's lives. I know this because I'm an attorney who specializes in U.S. immigration law. In rendering free legal services to the poor, I have encountered many recently arrived Cubans who need help in filling out their asylum applications. I have learned from them that there's much desperation to leave the island because they feel very controlled and do not wish the same fate on their children. What they hope for their children is to have freedom in their decision-making processes that until their arrival in the United States had eluded them while in Cuba. Thank you, Mr. Chairman. SMITH: Thank you very much, Doctor. I'd just like to -- we just got an Associated Press off the wire, and I'll just read it very briefly. It's, "A federal appeals court issued a temporary stay today to keep Elian Gonzalez in the United States while the government and his relatives fight over whether he will be returned to his father and sent home to Cuba. The order came barely an hour after the passing of a government deadline for the boy's Miami relatives to hand him over." I'd like to recognize Reverend Walker. WALKER: Mr. Chairman, I appreciate this opportunity to testify before this distinguished subcommittee. I was born and raised in the great state of New Jersey where I now reside. And as you are all aware, I am the executive director of the Interreligious Foundation for Community Organization, a 33-year old Page 266 of 705 © 2009 Factiva, Inc. All rights reserved. ecumenical agency which, among other things, has worked for reconciliation in the area of U.S.-Cuba relations since 1991. I am also the pastor of the Salvation Baptist Church in Brooklyn and have been serving recently as a co-chair of the National Committee for the Return of Elian Gonzalez to his father in Cuba. The issues of rights of children, generally, and of course in Cuba, is an issue about which I am deeply concerned in all aspects of my work -- as a pastor, as a certified social work and a former instructor of social work at the University of Wisconsin, and as a community organizer, as well as a general advocate in the United States and in poor nations around the world for the rights of children. I am, as a minister of the gospel of Jesus Christ, particularly concerned with family values, for they are profoundly important to me and are the cornerstone of any stable society. I am also very much shaped and formed by some of the tenets of scripture, and I shall mention two or three of those in the course of my comments. One I should mention now and that is the teaching by the prophets, and I quote from Isaiah particularly, "that we should come now and reason together," the purpose being to resolve any differences among us. I recognize that this subcommittee's interest today is founded in part on the question of Cuba's capacity to serve in the healing process for Elian Gonzalez after he returns home. With that in mind, let me share with you our perspective, both at the Interreligious Foundation and through the National Committee for the Return of Elian, our perspective on the rights of the child in Cuban society. This perspective has been formed by extensive time in Cuba -- more than 40 visits to Cuba, the first in 1981, and most of them in the recent or in the last 10 years. We have worked and worshipped with the Cuban church community; we have visited families; we have talked extensively with the old and the young persons in all aspects of Cuba's life, rural and urban, and in the course of our delivery of more than 2,000 tons of humanitarian aid to Cuba. We began to engage in the work we do in relationship to Cuba at the urgent and repeated requests of particularly Protestant church leaders whom we have come to know over the years who, knowing of our work in relationship to the suffering communities in Africa and Central and South America and the Caribbean and other parts of the Caribbean, requested that we assist them in addressing the sufferings of their members due to the effects of the U.S. blockade. Since we are very much moved by Jesus' teaching in Matthew 25, the ultimate test of Christian discipleship is whether or not one gives a cup of cold water to the thirsty, food to the hungry, clothes to the naked. And we are also instructed in our church teachings that the service, according to this mandate from our Page 267 of 705 © 2009 Factiva, Inc. All rights reserved. Lord, is not to be determined by whether the persons who are the recipient of that humanitarian and spiritual response should themselves be of the same either political or ideological or social or denominational persuasion as the giver. Jesus suggested that we ought to be equal in our sharing with all persons no matter what their own outlook, no matter what their own political formation, no matter which political party they belong to, and therefore we ought to respect others whether they are democrats or republicans. Our perspective is also informed by the declarations of the Cuban constitution, some of which has been referred to on several occasions today, by the legal codes as well as by public policy and practices, which we have been privileged to observe in the course of our relations and visits and time in Cuba. First, a word about the Cuban constitution. Adopted in 1976 and amended by the Cuban National Assembly in 1992, it is very explicit on the subjects of family, children, youth, education, culture, and other matters as well. Article 35 of the Cuban constitution states that the state recognizes the family as the fundamental cell of society and attributes to it essential responsibilities and functions in the education and formation of new generations. Article 37 affirms the equal rights of all children regardless of the circumstances of their birth. Article 38 states parents have the duty to feed their children, to assist in the defense of their legitimate interests, and in the realization of their just aspirations, as well as to contribute actively to their education -- as well as to contribute actively to their education -- the education of their children and their integral formation as useful citizens. Article 40 says, children and youth enjoy particular protection on the part of the state and the society. The church, the school, state institutions, and mass and social organizations have the duty to give special attention to the integral formation of children and youth. Another source which gives insight into Cuba's understanding of the rights of the child is the Family Code of 1975. In articles 82 through 85 of law 1289, it is asserted that children are under the patria potestas, the parental rights of their parents. That parental rights correspond jointly to both parents and accrue to the surviving parent when one parent dies, that children are obligated to respect, to show consideration for, and help the parents, and to obey them while under their patria potestas. These parental rights also entail the following rights and duties of parents: to keep their children under their guardianship and care, making every possible effort to provide them with a stable home and adequate nutrition, caring for their health and personal hygiene, to see to the education of their children, to train their children to be useful citizens, to administer and care for their children's property, and to represent their children at every judicial action. At no point does the Cuban constitution state that children are the property of either the state or the parents. It is my understanding from the reading of these Cuban documents, from talking with people at Page 268 of 705 © 2009 Factiva, Inc. All rights reserved. all levels and in a variety of professional capacities in Cuba that children are not considered property, but rather the terms that are consistently used in the constitution, in the codes, and in the practices through the courts are "priority of" -- children are the priority of the state and the family. They are the responsibility of the state and the parents, and that children enjoy particular protection, yes, from the state, but also that protection is primarily the responsibility of the parents. WALKER: It has been my observation that Cuban children growing up in a society that is far from perfect, a society that has a long way to go to even achieve its own objectives of what an ideal society ought to be, that that society has performed and exercised its responsibilities to its children in such an effective way that children in Cuba are a wonderful combination of self-awareness, self-esteem, respect for adults, love of country, knowledge of culture, and understanding of international geography and history which I wish were equally true in every part of the world. I am an observer of human behavior, and as I have observed the relationships between parents and children, the dignity, the sense of calm and self-respect and pride with which children are able to relate to adults in the Cuban society, I am deeply moved. I am deeply moved, as I witnessed, as this whole nation has, the strength in young Elian Gonzalez. Where did he get that strength? He certainly did not get it within the last four months. The strength, the dignity, the calm, the power of this young child must at least in major part be attributed to his first six years of life in Cuba under this system of education to which we are now referring. I have traveled extensively and in no other country have I ever seen more healthy children as well as self-confidence, more secure and well-behaved children as I have seen in Cuba. The source of this unique regard for children predates the Cuban revolution. It traces back to more than 100 years to the founding father of Cuba that everyone in Cuba refers to, Jose Marti, the founding father of modern Cuba who said, the children of Cuba are our future. Children are the hope of the world. There is, of course, an obvious shortage of consumer goods in Cuba, and we as citizens of the United States must take responsibility in considerable measure for those shortages because of our embargo. The values that underlie the response to this shortage in Cuba is that things are not essential. Consumer items are not essential to life, health, and education, not so much as are love, nurturing, social responsibility, and family values. SMITH: Reverend Walker, excuse me for interrupting. We're asking everyone to keep to around 10 minutes. It's about 13 now. If you could just sum up. We do want to hear what you have to say, but if you could just ... WALKER: I thank you. Page 269 of 705 © 2009 Factiva, Inc. All rights reserved. SMITH: Thank you. MCKINNEY: Mr. Chairman? Mr. Chairman? SMITH: Yes. MCKINNEY: You've selected six of the witnesses, and I got to select Reverend Walker, and I would love for him to be able to complete his statement and to have his say. He came all the way from New York City to be here, and I would hate for you to cut him off. SMITH: Just let me say to the gentlelady from Georgia, nobody's seeking to cut off Reverend Walker. Reverend Walker, how much more time do you need? WALKER: Three minutes. SMITH: That will be fine. WALKER: It is my observation that in Cuba education and health care are considered basic human rights. In the Helsinki Accords, human rights are outlined in political and then in economic, social, cultural categories. I think Cuba has a long way to go in refining its human rights and its work in the area of the political aspect of human rights. In the area of social, economic, cultural rights it excels, and we should recognize that. And it is in this area, as well as the strivings that it openly and publicly seeks to make in the political and the other aspects of its life as it refines its own electoral system, for example, that young Elian would be nurtured and developed. Remember that Cuba came into and inherited from a dictatorship which our own country had supported - it inherited a situation in which 60 births out of 1,000 were dead births. The infant mortality rate was 60 per 1,000. It has reduced that to an amount equal to the United States. It is higher in this category than any other country in this region of the world. It has created more hospitals; it produces more doctors; it cares for the health of its children in such a profoundly significant way that we see that health reflected in Elian, and we see it reflected in the children of Cuba. I have never seen an unhealthy child in Cuba. I have never seen a child in Cuba that was the prototypical Third World child. Cuba has something to teach us, and it offers the gift of its care for its children to Elian as well as to all of its children, not only to its own children but -- and someone referred to internationalism -- Cuba produces more doctors than it needs in order that it might export medical care to the rest of the world. When the revolution in Cuba triumphed there were 3,000 doctors. Now, there are 66,000 -- one for every 170 residents -- and it is the only country in the world which is shipping doctors by the thousands to the Third Page 270 of 705 © 2009 Factiva, Inc. All rights reserved. World to assist in the development of health indices in those countries. And so it is into this context that we would send young Elian. It is into this context in which there is a vibrant church, in which there are people of active faith, in which there are people concerned for the continued development of all aspects of democracy and well being that young Elian would be going. We've also heard rumors that Cuban children are being taken from their families at the tender age of eight or 11 and shipped off to mandatory labor camps with harsh working conditions. I would like to offer a more accurate picture of current realities. Cuban children in junior high school and high school do spend a month of their school year in the countryside, and during this time they attend school for half of the day and help bring in the harvest for the other half. Richard Nuccio, former Cuban adviser to President Clinton and to Senator Torricelli, describes this program as a sort of national service corps, AmeriCorps, volunteer brigade, something like in some communities the Boy Scout programs in the United States. Interestingly, the need for this assistance with farm labor has arisen in part because, on the one hand, of the level of education and the high level of professionalism in Cuba and because of the negative impact of our own blockade of Cuba. Mr. Chairman, I would propose that we consider several directions for resolving the problems and the concerns we have about the climate and the context in which Elian would be returned. First of all, I would urge that we recognize the right of this child's father, under Cuban law, under U.S. law, and social welfare practice, to be the guardian of the child. Secondly, I would urge that we not politicize this issue, but we see the great human tragedy that has been perpetrated upon this child. And that which we might do in our political discourse to help this child in his tragedy would be to work assiduously, seriously, for the normalization of relations in order that all of the differences we have with Cuba, all of the criticisms which have been and will be launched here today can be discussed in a mutually respectful, bilateral relationship rather than throwing of darts across the waters, talking past each other, and using rhetoric which will exacerbate the problem for the time to come rather than to resolve the problem and heal the breach between our two countries. Thank you. SMITH: Reverend Walker, thank you very much. Mr. Garcia. GARCIA (THROUGH TRANSLATOR): Thank you, Mr. Chairman. Thank you to the distinguished congresspersons who are sitting here in this committee. Page 271 of 705 © 2009 Factiva, Inc. All rights reserved. Today is a very sad day for me. Today it is the anniversary of the 69th month having lapsed today since the sinking of the 13th of March tugboat back in 1997, if I'm not mistaken. Each day of this month my family pays tribute to this memory. We went to the sea -- we went out to sea to throw flowers in the ocean in memory of our dead. I believe that my presence here today is a way of honoring their memory as well. And I thank God for having given me the opportunity to be here with you today so that I may share with you my experience. I lost 14 family members in the sinking of the 13th of March tugboat. I come from a family of teachers. My wife and I both are teachers. We are not an anti-social element, as we were classified by the Cuban government. The first news release by the Cuban government about this incident said a ship, a boat, capsized in Cuban waters were carrying anti-social elements of our society. Can there be children who are anti-social elements? I investigated at length the details of this event. The theory of the government was, and is, that this had been an accident. In reality, this was a crime. GARCIA: The government, through Lieutenant Colonel Aspidi (ph), who headed the government's investigating team, blamed an excess of weight on the tugboat for its sinking -- for its going down; the age of the tugboat, how old it was. I don't want to go into too many details or too much depth with this, but I only want to appeal to your understanding of the situation. Can the 13th of March tugboat -- could the 13th of March tugboat have been more fragile than the little boat Granma used by Fidel Castro at the beginning of the revolution to land in Cuba? The Granma boat traveled thousands of kilometers carrying 82 men on board to get to Cuban shores. It carried weapons, munitions, and supplies. It navigated for six days, and it reached its targets -- it reached its destination. The 13th of March tugboat barely traveled seven miles. Its journey lasted 50 minutes, and it was sunk. What followed the sinking of the 13th of March tugboat for my family was truly a tragedy. Lieutenant Colonel Aspidi (ph) proposed to us that we accept a luxurious residence in the plush neighborhood of Sewanay (ph) in Havana, because the family would be more tranquil, more at peace in such a neighborhood. He also offered us a car and medical services. This was a proposal that Lieutenant Colonel Aspidi (ph) made personally to me, and what I really wanted was the return of the 14 corpses. I did not accept the house, and I never got the bodies either. That is why I have affirmed that Castro is a kidnapper of corpses. I want to go on reflecting on our experience -- my experience and my wife's experience as teachers. We have always worked in the teaching profession. Nobody who has not lived in Cuba can really speak about Cuban reality. Cuban reality has to be experienced from within, not just on periodic visits. And I would like to assure you that Cuban education is Spartan in nature, and I affirm that from all the years of Page 272 of 705 © 2009 Factiva, Inc. All rights reserved. experience as an educator. An official saying sums it up: To study, to work, and to carry a rifle. We could call this a subtle way of child abuse. Instead of continuing to talk about these issues, I am willing to answer any questions that you may have. I've researched the 13th of March tugboat sinking extensively, and I am here to answer any questions that you may have later. Thank you. SMITH: Mr. Garcia, thank you very, very much. Ms. Fuentes. FUENTES: Mr. Chairman, distinguished members of Congress, I thank you also for the opportunity to address you on the sensitive and urgent issue of children in Cuba. I would like to recognize particularly the representatives from Florida, Congresswoman Ileana Ros-Lehtinen and Congressman Lincoln DiazBalart, as well as my former representative from New Jersey, Congressman Robert Menendez. I would like to echo, parenthetically, the distress expressed by Congressman Menendez, as a constituent, as an American citizen, and as one who has come to this hearing to help educate this committee on the issues of Cuban children. It has belittled and insulted us, the five individuals sitting at this table who are Cuban-Americans, to have been encapsulated in the term "mob intransigence." I would like to request that every member of this subcommittee return our generosity in being here with an equal measure of respect, and I thank you in advance for that. I have prepared a statement from which I will read. First and foremost, a child born in Cuba enters this world in a society where his or her fundamental human rights, as guaranteed by the universal declaration of human rights and by three United Nations conventions on the rights of the child, are denied by all existing legal instruments; namely, the constitution of the Republic of Cuba, the Children and Youth Code, the Cuban Family Code, and the Cuba Penal Code. Having said this, let me say that when a child is born in Cuba he joins a family living in state-sponsored poverty. The greater majority of Cuban families are poor, even by Third World standards. The average salary of a Cuban worker is equivalent to $100 to $120 in an economy that was dollarized back in 1993 when Fidel Castro himself decriminalized the tenure of American currency. In comparison, the average salary in Bangladesh is equivalent to $250. Thus a child's arrival throws a family into chaos, for this new Page 273 of 705 © 2009 Factiva, Inc. All rights reserved. mouth further aggravates a severely rationed food basket. He or she shall encounter shortages in every aspect and stage of life from the onset. In fact, women across Cuba made sure that lack of baby and infant needs be a priority on the agenda in last March Federal of Cuban Women's Congress. Infant and postpartum mothers' unmet needs were on the agenda, second only to the total absence of sanitary napkins from the people's market. These hardships are perhaps one reason why so many women in Cuba resort to abortions. That and the practice of persuading women to terminate potentially troublesome pregnancies early on, could explain why 40 percent of all pregnancies end in an abortion in the island. No one should be fooled by Cuba's statistics on infant mortality rate. Those statistics are improved by the elimination of difficult pregnancies in childbirth. In light of this manipulation, Cuba's infant mortality rate, which is between nine and 11, depending on whether it's boys or girls, in 100,000 births doesn't fare so well if compared to countries where no such manipulation occurs, such as Costa Rica, Chile, and Uruguay where the rate is 12, 13, and 17, respectively. A child born in Cuba has a life expectancy of 75 to 78, depending on the sex. But it's about the same -- it's even better in some -- in countries like Costa Rica, Chile, Uruguay and Argentina. Cuban children have fewer opportunities to be given religious upbringing or to be baptized. The Cuban constitution and the Penal Code both call for sanctions, including prison terms, against individuals who put their religious beliefs before duty to Communism. There are no vibrant churches of any denomination in Cuba -- not Catholic, not Protestant, not Jewish, not Avacua (ph), not Santeria. Between the ages of one and seven the average Cuban child will have a poor diet, lack appropriate shoes and clothing and will be at want for basic medication against such common childhood ailments as diarrhea, ear and throat infections, head lice, and skin conditions such as scabies and impetigo. If a child is an asthma sufferer or needs antibiotic treatment, the prescriptions needed are not available in the people's pharmacy. They can be purchased, however, at dollar only stores reserved for foreign personnel and tourists. Do not be fooled by those who insist that food and medicine are lacking in Cuba because of the U.S. embargo. Cuba is a natural producer of just about everything in the food chain except wheat, which it used to import from the U.S. prior to 1959 and from the Soviet bloc countries until recently. Communist Cuba fails to feed its people, because four decades of Castro design economics have destroyed Cuban agriculture and industry. As for medicines, Cuban pharmaceutical industry is an exporting and revenue producing enterprise. Its clientele is mostly Third World countries, like Jamaica and Nicaragua. Cuba can and has purchased Page 274 of 705 © 2009 Factiva, Inc. All rights reserved. medical supplies and drugs at much cheaper prices in Central America, Canada, and Europe. If it had any purchasing power at all, the United States pharmaceutical market is not even cost effective for us who are its captive clientele. When a child reaches seven, the age of reason, two very unreasonable things happen to him or to her: One, the milk quota is suspended; two, the Organization of Cuban Pioneers kicks in as the first mass organization to control the life of the individual. What are the Young Pioneers? According to the Children and Family Code, article 102, and I quote, "It is a volunteer organization that coordinates tasks and activities to compliment the formation of the Communist personality," end of quote. A Young Pioneer must wear a red scarf around his neck or her neck, declare that Fidel and not God is the father of all Cuban children, and repeat at every paramilitary meeting, "Pioneers of Communism, we vow to be like Che." This is the first identity and personality crisis a Cuban child person must confront, for to be like Che, a white, non-Cuban, genocidal male must surely pose an identity crisis for little black boys whose role model should be the great 19th century liberator, General Antonio Maseo (ph) or Martin Moduel Delgado (ph), another illustrious black Cuban man elected first president of the Cuban senate in 1905. And what of little girls, black or white, who are told to be like a white man in fatigues? What kind of gender identity violation is this to have as national role models a roster of white, Eurocentric, warmongering males? Black Cuban children also hope to have what the White children of the White government elite have and what some White Cuban children with access to U.S. dollars also have. In school, the child learns to read with an alphabet that enshrines that roster. F is for Fidel; also for fusil, rifle. C is for Che, Gu is for guerrilla, M is for Marti, L is for Lenin, S is for socialism, P is for patria, which spells fatherland. This child's progress will be charted in a personal file that will follow him or her throughout his or her life. In that file will be recorded not only his young revolutionary seal but that of the parents as well. Only good communists will advance in the educational ladder. Only they will pursue the career of their choice. The file accompanies the child to junior high school, like Escuelo del Campo, the farm schools. FUENTES: Between the ages of 12 and 14, children are removed from the custody of parents and sent to study and work in farm schools designed to give a child an education while extolling hundreds of unpaid child labor hours in return. Parents can visit on the weekend if they find transportation, of course. Children go home every four to six weeks. This is the time Cuban children officially pass into state custody, as these farm schools are mandatory. Page 275 of 705 © 2009 Factiva, Inc. All rights reserved. Parents and children who violate this mandate forfeit their right to higher education, for the famous file will reflect, and I quote, "deviant ideological behavior unbecoming a good Cuban revolutionary," end of quote. The university, Fidel Castro said years ago, is only for revolutionaries. The Federation of University Students, a mass organization, upheld the dictum on April 10, just a few days ago, at their sixth congress. After the pioneers are outgrown, two other organizations become the obligatory course: The Federation of Intermediate School Students and the Federation of University Students I just mentioned. Then there is the Committees for the Defense of the Revolution, the Federation of Cuban Women, the National Association of Small Farmers. For a Cuban to have any life at all, he or she must belong to at least one of these. It is an obligation for children and young adults to be militants of the Cuban government, and that includes compulsory volunteer work while a student. Do not be fooled by those who insist that health care and education are free in Communist Cuba. Cubans pay for these social services through hundreds of unpaid man and woman hours of forced volunteer labor in the field, in the territorial militia, in national guard duty, in community-based services. For boys, the 15th birthday can be traumatic. That is the age they are set aside for the draft. Although women can join the armed forces and in fact do, only boys are subject to the draft. On their 16th birthday, boys must report to duty. From age 16 to 19, young men cannot leave Cuba. The military stakes its claim on his life and allegiance. Thousands of male Cuban teenagers have gone to jail for violating this requirement. They are marked for a life of ostracism in a system rigged for loyal revolutionaries only. A word about young women -- and I'm almost through -- I regret that I must end on an even more tragic note. For teenage girls, life in Cuba is a double jeopardy. In spite of education, without U.S. dollars no family can make ends meet in the island. The reported $800 million that the exile community contributes to the livelihood of relatives in Cuba touches at best 10 percent of the population; I should add, the White population. For the exile community around the world is mostly White European. So must be their relatives in the island. But the island's population of 12 million people is believed to be about 60 percent Afro-Cuban. Conditions in Cuba therefore translate into three realities that are gender specific in that they affect the life choices of young Cuban women and girls. Three points: Women marry earlier in Cuba than in any other country in the hemisphere, age is 19.5, but they delay motherhood to avoid the struggle of feeding another mouth. This means women must resort to birth control and in many cases to multiple abortions in order to remain childless. Women bear the burden of birth control in Cuba, for Cuban men are traditionally reluctant to condoms much less to vasectomies. The health implications, therefore, are a woman's issue in Cuba. Suicide, number two, is the third cause of death for Cuban female teenagers, ages 15 to 19, usually Page 276 of 705 © 2009 Factiva, Inc. All rights reserved. related to early pregnancy or motherhood. In the global context let me add that the rate of suicide among Cuban women in the island is the highest in the world -- one woman for every man who commits suicide. In order to alleviate poverty, Cuban women as young as 13 and 14 choose to engage in prostitution with the foreign clientele in order to generate U.S. dollars. This has resulted in a rise of sexually transmitted diseases in female teenagers. The practice of abortions on girls as young as 12 and 13 was reported last fall by the Young Communist Union in Cuba weekly paper, Cubantud Rebelde (ph). This testimony, to close, could fill reams of paper, not only with academic and legal analysis of the literature but with interviews and personal accounts from children and young adults who have lived through and escaped the fate that awaits Elian Gonzalez, a fate that a brave young woman, named Elisabeth Brotons, wanted her son to avoid. Unfortunately for all of us, it looks like she may not succeed. Thank you. SMITH: Ms. Fuentes, thank you very much for your testimony. I regret to say there's two votes on the floor of the House that will require us to have a very brief recess. We will return and reconvene the hearing and then get to questioning. I thank you for your patience. The fact that there were so many members here, especially at the outset, shows -- I think demonstrates the heightened sense of concern. I know that in my own research for this hearing, while I had heard, generally, in the Country Reports about the Cuban Code of the Child and other kinds of documents, I had not known its full implications until this hearing and until I began doing some research earlier in the week. SMITH: Hopefully, many Americans will be so educated that there is such a thing, when we're talking about parental rights or lack thereof, this kind of document would be an absolute non-starter in the United States. It is antithetical to anything that we believe to be parental rights, and we'll get into that when we reconvene. Thank you. (RECESS) SMITH: Again, I want to apologize for the interruption with the votes. The subcommittee will resume its sitting, and at this point I would like to welcome Mr. Cohen, if he would Page 277 of 705 © 2009 Factiva, Inc. All rights reserved. make his presentation to the subcommittee. TRANSLATOR: I am going to translate for him, if that's OK. COHEN (THROUGH TRANSLATOR): Thank you, Mr. Chairman. I thank God that I can thank God after 30 years of living in a virtual prison. I have been living in this country for six years, and I thank God everyday for having giving me the opportunity to be a free man, something that was only a dream to me for many, many years in Cuba. The person who addresses you today is not a Cubanologist, a Cuban expert, quoted often by journalists, academics and experts who do a lot of research and come up with a lot of official statistics --that's not who I am. Of course, when they deal with official data and statistics, they are the statistics given by the Cuban government. Anyone who tries to explain Cuban reality based on the information that the Cuban government itself releases is truly wrong; it's truly not accurate. I was born in the year 1964, five years after the triumph of the revolution. At four years of age, I too said, "Pioneers for Communism, we shall be like Che." I was proud of that red scarf not knowing what Communism really was about. I received military training when I was 12 years old, and they taught us to kill just like -- they taught us the ways of the guerrilla warfare. That is Cuban reality. A little while ago, Mr. Garcia said something similar, that in order to talk about Cuban reality one really had to know it. If you really want to know what happens to a person that decides to speak about Cuban reality, if you really want to understand what would happen to Elian's father if he were to decide to stay in the United States, then you have to see my case. The only thing I have done is I made a decision to live according to the dictates of my conscience, to denounce what I was a victim of for 30 years. Sometimes people say, "So-and-so expresses himself this way, so- and-so expresses himself the other way. They are probably bad people." And I say, "No, they're not bad people. They're Americans who live in freedom with false information. They're not bad people. If they knew what I know, they would not say what they say or think the way they think." That's why I respect everyone's opinion. And I am impressed -- really taken by how in this chamber or in a university or in a symposium people can do what nobody can do in Cuba. I say that I thank God that we can thank God. I also thank God that all of you were born and are able to live in this freedom. If we lived in Cuba, many of us would be in prison. It doesn't matter what you think. If you dare to speak freely, one would be in prison. If I had not left Cuba on a raft, I would be in prison or I would be dead. That is Cuban reality. I managed to escape as the only option to save my life, because I saw and I was a witness more than Page 278 of 705 © 2009 Factiva, Inc. All rights reserved. once to how people who had believed truly in the Cuban revolution dared to speak their truth one day and were disappeared on the next day. The Cuban government not only betrays its own minister -- its own dignitaries or its generals, the Cuban government not only shoots its generals, the Cuban government, make no mistake about it, would betray any collaborator, any person who would speak freely. The price I have had to pay for this honesty, for this talking my truth, has been a six-year separation from my family. I have never engaged in any military action against Cuba or prepared any terrorist activity against Cuba. The only thing I ever did was to come to this country -- decide to come to this country so that my children would have a better life and so that my children would not suffer what I had to suffer. I came to this country motivated by the things that I could observe when I started to work in the Cuban intelligence section. When I learned what really happened -- what the reality was with foreign investors, with tourists, with foreigners in Cuba, or when I saw how Pastors for Peace, for instance, would go to Cuba, could go to Cuba defying U.S. law, I said my children have to be able to enjoy such freedom. And when investors came to Cuba with good intentions, believing in Cuba, believing in the revolution, and they used to be invited out for a night of partying at, for example, Tropicana Night Club, and they would take their information. I was witness to that reality. I didn't know how to explain to my children in the future, "Daddy, didn't you realize this whole thing, the reality of this?" My conscious was burdened with such a predicament. But I have had to pay a very high price for all of this. My wife, my parents, my three little children -- we're talking about three children, one woman, and two elderly Cubans -- they are, in effect, prisoners in Cuba. Yes, because they are prisoners, because they are at home without an ability to work, subjected to government harassment without the press ever knowing about it, nobody knowing about it. When the government threw my daughter out of school, expelled my daughter from school, or when the mass demonstrations started in Cuba and the youngest daughter was forced to go to the rallies in favor of Elian's return, when my wife receives threatening letters or a threatening note and my six-year old picks them up and reads them, honestly, can anybody believe that the Castro government is really interested in the fate of any child? Can anyone think or believe that the government of Fidel Castro is interested in the Cuban family? Elian is a symbol, and I can assure you that Fidel Castro is very, very interested in destroying that symbol. If Elian returns to Cuba, if his rights to tell his story and his court are denied him, believe me from the bottom of my heart that Elian will suffer exactly what I suffered. He will return to Cuba without a mother, without a father, to the hands of a tyrant. I am here so that you can get a glimpse at what can happen in Cuba, what could happen to your own children, to your family, to your wife when you decide to speak your truth. I lived 30 years in Cuba. At 18, God was Castro. That's why I thank God for being in this country, and I hope and I thank you in advance. Page 279 of 705 © 2009 Factiva, Inc. All rights reserved. I thank all of you, any one of you, in advance for anything that you can do on behalf of Elian and on behalf of my family that they may also reach freedom. Thank you. SMITH: Mr. Cohen, thank you very much for that very heartbreaking story. I can assure you we will do everything we can with what limited resources we have available and with what limited --I would hope, and I mean this very sincerely, that those people who do have access to Castro would avail themselves of not just of helping your family but also other families who have been hurt so severely by Fidel Castro. But the subcommittee, and I know myself, as chairman, am very much moved by your statement, and Mr. Garcia, you earlier as well. I'd like to ask Ms. Torres if she would ... TORRES: Thank you, Congressman, thank you for having me here. It's an honor. My specialty is not talking; it's dancing. But I'll do my best to express myself about the conditions I lived in Cuba. Like I say, my name is Neri Torres. I am a choreographer. I left Cuba in 1990 via Italy where due to the reason that the Cuban security found out that I was leaving, they kidnapped me and put me in a psychiatric institution for four days, and I received all kinds of tortures from the Italian manager who said that I had to be grateful to the revolution for the things I had. And that's an old Congo saying -- I mention Congo because we in Cuba have many ethnic African groups that are part of our ancestors. And they say seeing is believing, and if you don't live in Cuba, like they say, there's no way that you experience it, and it's hard to convince people about it. I grew up in a very active environment with intellectuals and politicals. In my home, it was the headquarters of -- the equivalent here of the Black Panthers. This group was -- my sister was part of it and many other people. Some of them live here in Miami, some now live in Cuba, and they had to be removed. And they were really active. They were trying to create a new system for the black people, a new government for the black people, and I experienced all that while I grew up. And they were shot and taken through social services -- the equivalent of social services, and they tried to give them a reward for them to forget that they were doing something against the government and not to call the attention that there were black people trying to do a new government. TORRES: And in any case, it just caught my attention, because I keep seeing a lot of African-Americans that may be dazzled by the Cuban system of politics about black Cubans, and I think that black Cubans earned a place in Cuban society by fighting Page 280 of 705 © 2009 Factiva, Inc. All rights reserved. many years of war in the 19th century to dispel the Spanish colonization. And I'm proud to have somebody in my family that was part of that government --sorry -- that army. And it's still in my veins, that spirit, and the stories through all the elders in my family have told me of stories about betrayal and racism that Cuba couldn't escape, because we are also part of the universe and racism is part of the universe, a cause that we have now. Anyway, let me go back to the point. I came to talk about my personal experience about (SPEAKING IN SPANISH) in Cuba during days when we were not aware of the many dangers and pressures in our young lives. Our teachers and system made us feel that we were being part of a party. However, our parents were desperate to obtain medical papers since only a chronic disease could stop you from going to the fields. There are no written laws. We in Cuba all followed or feared something that was everywhere and yet nowhere, like that famous (inaudible) director, movie called "The Exterminator Angel." Paranoia is very deep inside Cubans for half a century. The hospitality and warmth of Cuban idiosyncrasies has been manipulated against Cubans themselves. Our parents tried to protect us the best they can, but the system has used the customary network of neighbors to make each other's life miserable and unbearable. People spy on you. They report if you didn't go to the fields or to a meeting, to Plaza de Racion (ph), et cetera. Later on, this will have repercussions in your life as a grownup when you aspire for a career or a job or which is the biggest privilege -- travel abroad. My neighbor, Julia Hoya (ph), my personal experience in names of the person who happened to be part of this incident I lived, already deceased ironically due to the complication with somebody stepping on her foot at a meeting with Castro at La Plaza de Racion (ph). It would follow me everywhere for a long period of time. This was after my sister and brother abandoned Cuba through Mariel. I lived in continuous fear up to a point that I had to confront her. I told her that she knew I wasn't a criminal. She saw me growing up, and my family was very decent, only that my parents never belonged to the CDR (SPEAKING IN SPANISH) Defense Committee of the Revolution. And that was a bad start in your life. Her reply was: If the state wants to follow you, I follow you. I said: But you are not the state. And then things start to be more calm. She had to put many people in jail before. Faustino (ph), a rebel teenager, was one of them only because he was black, and he wouldn't go to school. His mother had a heart attack and died because of the incident. Page 281 of 705 © 2009 Factiva, Inc. All rights reserved. Education and health in Cuba is a Machiavelli manipulation that holds captive Cuban citizens under the name of gratefulness. What is la escuela campo or trabajo protivo (ph)? It starts at age 11 or 12, and it doesn't stop until college. You have to go and serve for 45 days, work in the fields, and the inexperience of teenagers and the lack of proper supervision would be the source of several accidents such as death due to falls in the secure wells, the most common. Boys would escape to visit the girls' camps and run in the dark for several kilometers, and in Cuba the wells sometimes --the majority of them are kept open, so there were many deaths of teenagers running and escaping through the fields. Danger on the trucks where we traveled (inaudible). The condition of work, we had to achieve a certain goal of filling boxes of potatoes, tomatoes, or in the many harvests they would figure out for us to do. Later on, it would be working in the cane fields with machetes when we were to the age of college for the university. Our parents would visit us only on Sundays to bring us clean clothes, food, supplies, and their love to soften our homesickness. But before arriving, they had to struggle to get several buses in time, waking up in the wee hours of the morning. I passed out, like many other children, in certain works. The sun was very hot, the food was not good, and the health conditions were not ideal. It took me a long time to decide to do my basics the first time that I went there. I, for sure, was comparing my sanitary toilet at home with that smelly hole in the floor surrounded by all kinds of bugs. Cold showers were the prize of the day. Moreover, I developed allergies, and children were sick often, but many times the teachers wouldn't take us too seriously. Moreover, there were cases of pregnancy that was kept quiet for the system convenience. The case I witnessed was that of my next door neighbor that was like me, 10 years old at that time, who had to marry her physics teacher from who she was pregnant. Many parents tried to get a doctor's dismissal, which is the only valid reason to stop their sons from going to the fields. Unluckily, this wasn't possible for all. The sugar cane cutting, the macheteros florotarios (ph), we would call it obligantario (ph), which is the term with obligatory and voluntary. So, we created obligantorio (ph). When you go to the college, then you go to an even harder work, such as cutting cane. This work happened at any time, and the people who plan to leave Cuba are fired from their jobs and sent to the sugar cane or coffee fields. I remember my mother going crazy with us five minors at home when at my father's work they took him to be a Page 282 of 705 © 2009 Factiva, Inc. All rights reserved. machetero, cane cutter, for several months. The money was not coming in time. Escuela campo became escuela en el campo, so it was calling the country field a permanent state where work-study was combined. The idea was to strengthen the spirit of the teenager and also repay the free education that the government provides. As you may know, teenagers are not too good for work, and I remember that we were majaciendo (ph), like being lazy and trying to figure out how to avoid to work in the fields. Still we had to work. At some point we had to work, because there was supervision in the fields. The government created a dismemberment of the family nucleus in Cuba soon after Fidel Castro took over. Divide and conquer seemed to be the source of power of the Cuban revolution. An example of Operation Peter Pan, when parents sent their children alone terrified with what the country was transforming in. Also, there were parents that were forced to leave without their children. These children were won over by the revolution. They made them pioneros pora con mejo (ph) -- they already said that --pioneers. Thus the children decided not to join their parents in America, and the government would take them from their parents. They became hijo de la patria, sons of the fatherland. Then from (inaudible) of the patria potestas, parental jurisdiction, I know the case of Ana Maria Barez (ph), my sister's friend, who was always a dysfunctional adult due to the trauma she suffered when she realized she was not to see her father again. Also during Mariel, there were many mothers and fathers that were sent against their will to this country, leaving behind a mountain of children. I can mention the dichotomy of many mothers when their fathers denied signing the child's permission to leave the country. They had to choose between leaving the children behind or staying. Children have been manipulated like anything else in the Castro government. The image that the Cuban government wants to create is totally different from reality. I can only pray that all the Cuban children could enjoy a brighter future like all children in the world. And like me, when I look through my little piece of sky in the window of my bedroom, they could see beyond the blue and make their dreams come true. Most important, I wish they were able to establish and determine their dreams, at least fight their lives in their own manner, finding the right to selfdetermination. Thank you very much. Page 283 of 705 © 2009 Factiva, Inc. All rights reserved. SMITH: Thank you very much, Ms. Torres. We appreciate your testimony. We'll ask our next witness if he will proceed. SHANFIELD: Chairman Smith and members of the subcommittee, thank you for convening this hearing and for inviting us to share our views about this important and complex issue. We are deeply appreciative to you for your steadfast attention to human rights issues, in particular your concern for the plight of refugees and for your continued efforts to highlight these concerns in Congress. The Lawyers Committee for Human Rights is a nonprofit, nongovernmental organization. A substantial focus of our work over the years has been the protection of refugees. The Lawyers Committee has represented many hundreds of refugees, including children. Since the pilgrims first landed almost 400 years ago, the United States has served as a refuge for those fleeing persecution and oppression. After World War II, when the United States and so many other nations failed to protect many refugees from Nazi persecution, the United States led the effort to establish a structure of universally recognized human rights norms, beginning with the Universal Declaration of Human Rights. Article 14 of the Universal Declaration of Human Rights provides that everyone has the right to seek and enjoy asylum in other countries from persecution. Building on the recognition of this right as universal, the United States then worked to establish international standards for the protection of refugees. More than 30 years ago, the United States formally bound itself to these standards by acceding to the protocol of the 1951 Refugee Convention. The central obligation undertaken by the United States and other state parties to the treaty was to refrain from returning any refugee to a place where his life or freedom would be threatened. This obligation was codified into U.S. law by the 1980 Refugee Act, which also set out a framework for the independent adjudication, free from political considerations, of claims for refugee status. Although not everyone who seeks protection is entitled to asylum, international legal obligations require states, at minimum, to provide fair and effective procedures to determine who is a refugee. The United States has repeatedly reaffirmed its commitment to this principle, although recent changes to U.S. asylum law, such as expedited removal, place the United States out of step with its tradition of fairness and compassion towards refugees. Page 284 of 705 © 2009 Factiva, Inc. All rights reserved. Fair legal procedures and access to legal remedies serve as the foundation for many international legal instruments to which the United States is a party, such as the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights, as well as our own domestic jurisprudence. Moreover, for these rights to be effective, adequate procedures must be available to permit their enjoyment. The Refugee Act of 1980 reflected Congress' concern for providing access to a fair procedure by explicitly providing that any alien physically present in the United States may apply for asylum. This right to seek asylum has subsequently been subjected to very limited and statutorily defined exceptions. But importantly, Congress has never deprived children of the right to seek asylum. Like their adult counterparts, child asylum seekers flee their homelands to escape war, persecution and political instability. The United Nations High Commissioner for Refugees estimates that children make up more than half the world's refugee and internally displaced population, accounting for a population of 20 million children. The situation is acute. Out of this population, an estimated 250,000 of these refugee children are separated from their parents. Although only a small fraction of this group seeks refuge in the United States, the need to ensure adequate protection in our laws for this vulnerable group is paramount. Unfortunately, the factors that turn children into refugees are more prevalent and diverse now than at any time since World War II. Where child refugees were once bystanders in adult conflicts, this is increasingly not the case. As witnessed in China, Kosovo and Sierra Leone and so many other countries around the world, children are the deliberate targets of human rights abuses, including infanticide, conscription, ritual genital mutilation, slave labor and sexual servitude. As so eloquently described in the excellent article by Jacqueline Baba (ph) and Wendy Young (ph) entitled "Through a Child's Eyes: Protecting the Most Vulnerable Asylum Seekers," unaccompanied children who must make their way to safety without the assistance of their parents are most at risk. I would ask that a copy of this article be entered into the record of this hearing. SMITH: Without objections, Mr. Shanfield, it will be made a part of the record. SHANFIELD: Particularly problematic are cases where parents are incapable of protecting their children from persecution. Or worse, where parents are complicit in that persecution. For instance, female genital mutilation is generally conducted at the behest of a young girl's parents. Page 285 of 705 © 2009 Factiva, Inc. All rights reserved. In a number of traditional societies, girls are targeted as the victims of honor killings for opposing their subjugation to demeaning social roles. To illustrate, one of our clients was held captive in her father's home and regularly beaten just for resisting his authority to marrying her off against her will. Children asylum seekers who have friends or relatives in the United States to guide them through our byzantine asylum system are surely the fortunate ones. However, many are not so lucky. And in the case of an unaccompanied child asylum seeker, their protection from persecution demands a vigilant and proactive approach. Many children are simply unable to articulate their need for protection, given their youth, lack of sophistication and unfamiliarity with our culture. Identification of child asylum seekers is therefore a key responsibility. Once identified, these children must be provided with assistance to effectuate their rights to refugee protection. Parents' rights are fundamental, but they are not absolute. We have seen many instances where parents of child refugees are either incapable, because of intense pressure or fear of retaliation by their own government, of protecting their young or are active participants in their children's persecution. In such cases, a parent's opposition to a child's need for protection cannot be the last word. In contemplating this matter, we must uphold the important principle that children are part of the human family and have an independent right to protection from harm and the enjoyment of fundamental rights. Where the wishes of a parent are at odds with the child's need for protection, those wishes may have to yield. The attorney general and ultimately the courts must ensure that where there is conflict of interest a child who needs protection will receive it. I'd like to thank this committee again for the opportunity to present the views of the Lawyers Committee. We are grateful for your attention to this matter and look forward to continuing to work with you. I would like to thank the committee for your excellent and dedicated work to ensure that the United States will continue to serve as a beacon for the oppressed, whatever their homeland and regardless of their age. SMITH: Yield to the gentlelady. MCKINNEY: Thank you, Mr. Chairman. Mr. Shanfield, do you have that document with you? Page 286 of 705 © 2009 Factiva, Inc. All rights reserved. SHANFIELD: I'm sorry, which document are you referring to? MCKINNEY: The one that you asked to be submitted to the record. SHANFIELD: Yes, I do. Shall I bring it up? MCKINNEY: Could you make it available? Yes, please; thank you. SMITH: I want to thank our very distinguished panel for their excellent testimony and ask a couple of questions and then yield to my colleagues. I understand, Mr. Garcia, you are under very tight time constraints, so Ms. Fuentes spoke earlier about the farm schools or the involuntary -- the forced labor that young people are required to undergo as a time when children pass into state custody. Can you speak to that issue of -- I mean many of us are very concerned in the United States, and it's a global concern, about parental rights and state intrusion into those parental rights. And it would seem the face that Fidel Castro, through the Elian Gonzalez case, has put on is that somehow parents are supreme rather than subordinate to the state. And, frankly, as I stated earlier before we broke for those votes, the Cuban Code of the Child, which we have the Spanish version and a number of the articles broken out in English, and I would, without objection, ask that this be made a part of the record in English as well as Spanish -- if you could speak to the issue of this indoctrination. For example, if Elian were to go back, will he be forced to become a Marxist? FUENTES: Are you asking me, Mr. Chairman, or you want me to ... SMITH: Both of you. Mr. Garcia has to leave, I understand, and then, Ms. Fuentes, I'd like to ask you that question, as well. GARCIA (THROUGH TRANSLATOR): If Elian returns to Cuba, he will be destined to live in a life almost in captivity. In other words, he will be obligated to comply. It's possible that the slogan of the pioneers might be changed. At present, it's "Pioneers for Communism, we vow to be like Che." Maybe now the slogan will become, "Pioneers for Communism, we vow to be like Elian." Elian will not see his old neighborhood again. Elian will be protected from the rest of the community in an exclusive neighborhood in Miramar, in the Miramar neighborhood, a neighborhood in Havana that because of its strategic location is under constant surveillance by Cuban intelligence. That's where Elian will live with his father. In other words, the press --the foreign press, is what he means -- will not have access to Elian ever again in his opinion. Page 287 of 705 © 2009 Factiva, Inc. All rights reserved. Elian will be made a national -- Elian's father will be made a national hero and maybe will be moved into a seat in the national assembly. Because in my opinion Elian's father's lack of courage, or perceived lack of courage, has provided Castro with a victory, a political victory against the United States, which in the ultimate analysis is what Castro is concerned about, is interested in, a political victory, and not necessarily the welfare of Elian or of any other Cuban child. If Castro were concerned about the welfare and justice for children, he would have made sure that the 10 bodies, the children's bodies that are in the ocean from the 13th of March tugboat capsizing, sinking, would have been properly rescued. If Castro were interested in the welfare of children, he would have made sure that a judicial process was started to bring to justice those responsible for the massacre. However, the officers responsible for this mass assassination walk the streets of Havana freely with absolutely no punishment. SMITH: Ms. Fuentes, you wanted to respond to that? FUENTES: Both the Cuban family -- the Children and Youth Code of Cuba, the constitution of Cuba call for the obligatory formation and the responsibility of everyone involved with the upbringing of a child to work toward the formation, the shaping of the communist -- and it says so -- I don't have it in front of me, but it's almost as if I were quoting it -- the communist formation of the personality and of the individual. Anyone who comes in contact with the child is obligated --whether it be parents, teachers, counselors, recreation coordinator --anyone who comes in contact with that child's educational process, socialism process, is obligated under Cuban law to make of that child, be it a girl or a boy, a good communist so that the answer to the question, will Elian be forced to be a good communist or a communist if he is returned to Cuba, the answer is in violation of every single assured right of the individual. According to the Declaration of Human Rights, yes, that child will be forced to become a communist. It's just -- it's not me saying it. It's these other legal instruments of the society to which Elian will be returned. There are no options. Being a communist is not an option. Being a pioneer is not an option in a society where if a child or the parents of a child withhold his participation in the pioneers organization, that child automatically is stigmatized as someone coming from a family ideologically deviant. And this is exactly the terminology that is used, "ideological deviance." SMITH: Dr. Dominguez, you mentioned that this would be punishable under law. Can you tell us what would be meted out to an individual young person or parents who stood up to being forced to become a communist? DOMINGUEZ: Well, initially, it depends on the age of when this will occur. Page 288 of 705 © 2009 Factiva, Inc. All rights reserved. Obviously, there are many things that could happen to a child, one of them being the prevention of having the ability to enroll in higher education, in choosing the career that he so desires, he or she so desires. So that would be the most obvious one, if the child should have selected to go into a higher education field. It could be many other subtle ways. It could be harassing in every which way that they could -- they do it all the time to people with dissenting opinion. And in fact under the penal code it's also endorsed and envisioned. The constitution itself calls for it. Article 62 very clearly states that it's punishable under the law. It doesn't go into the detail of what the punishment is under the constitution, but they have a penal code and they have many other ways of harassing and actually sanctions to people who do not agree with their system. SMITH: Let me just ask, Ms. Fuentes, you mentioned in the state, when it puts out these rousing numbers -- which are very often replicated by UNICEF and others -- as indicating that infant mortality and child survival is relatively high for Cuba, and yet in very few studies do I see a point that you made, and that is that they terminate potentially troublesome children, I think is the way you put it. We had a 1998 joint staff report by the Senate Foreign Relations Committee and the House International Relations Committee and noted that the Cuban regime coerces abortions for so-called social risk pregnancies. According to the report, the social risk category is extremely broad and encompasses women over 35, girls under 20, women who have had three children, women from poor or rural families, and women with genetically determined illnesses, including things such as diabetes and hypertension. I've heard this argument for so long about how great the medical care is in Cuba, and yet only human rights advocates who put the rest of the picture in -- I mean China can also show a very high infant mortality -- low, I should say, low rate. Several years ago, they initiated a draconian eugenic policy where handicapped children are singled out -- girls, too -- but handicapped children are singled out and killed. So you don't have handicapped kids because they're being killed by abortion. And now we see and we have seen for some time now the doctors in Cuba who bring this out -- and this is noted in our Country Reports in Human Rights Practices -- are thrown into jail, are beaten. So the whistleblowers find themselves, when they speak for women who are being coerced and for children, handicapped kids -- this country made a gargantuan step in the right direction when we passed the Americans with Disabilities Act which finally, through law, enfranchised handicapped individuals. Now we see in Cuba, we certainly see it in China as well, that handicapped people are selectively left out of humanity. If you could speak to that, because you did mention it in your testimony. FUENTES: Mr. Chairman, precisely that enforcement, that forced coercion into abortion of anything that could spell trouble at the time of childbirth is the reason why Dr. Ilea Morina (ph) -- who is Cuba's and Page 289 of 705 © 2009 Factiva, Inc. All rights reserved. probably Latin America's most prominent neurosurgeon, founder of the Institute for Neurological Studies in Cuba, a member, by the way, a former member of the Cuban National Assembly, one of Fidel Castro's pride and joy, a woman who is now in her early 40's, so we could say a product of the educational system of the revolution --that is precisely the reason why she resigned as a congresswoman, as an assemblywoman, because the connection between the coercion into abortion and the biomedical production of placenta products, in other words, placentas from those abortions as raw material, so to speak, I mean for lack of a better term, for all kinds of pharmaceutical products and beauty products, especially the cosmetic products, forced her to, in conscience, to resign her position. FUENTES: And in resigning her position as an assemblywoman, as a member of the Cuban National Assembly, she was ousted from her position as director of the Institute of Neurological Studies. And not only that but she is in effect one of those adults who is virtually kidnapped by the Cuban government. The Cuban government will not allow her to leave the country, not even for a visit with her son and grandchildren who live in Argentina precisely because, according to the government, her medical information, her scientific knowledge, is an issue of national security for Cuba. So there is ample evidence. There are many doctors. The day that the committee decides or sees it fit -- necessary to conduct some hearings on the medical -- on the real state of medicine in Cuba and the violations of human rights that are really rampant in the medical field, anyone could parade through here, dozens and dozens and dozens of doctors of Cuban researchers and physicians who have even served jail terms for, as you called it, whistleblowing on these abuses. So, there is ample evidence, you know, again, reams of paper with that. If I may, Mr. Chairman, I would like to suggest that perhaps this panel can introduce into the record at least the sections of the Cuban penal code of the constitution, the Family and Children's Code, that are germane to what we have discussed here today so that it can -- you know, the committee and other members of Congress can avail themselves of the record. SMITH: Ms. Fuentes, without objection, we will do that. And I think it's extremely important. This is the beginning of a learning curve. Many of us who thought that we knew something about Cuba have held hearings before. I actually tried to get into Cuba. Was not allowed. But let me just say that we will make every effort to get the information that's coming out of this hearing and in subsequent hearings out. Page 290 of 705 © 2009 Factiva, Inc. All rights reserved. I mean I find it outrageous that in a pal-parroting (ph) way so many people will suggest this tremendous - this never met -- with all due respect, Reverend Walker -- never saw anybody that was sick. Well, at least the newly borns and the young people are being aborted. Let me just ask, Reverend Walker, I have a question for you. You mentioned -- and you've cited my favorite scriptures -- Matthew 25: When I was hungry, you gave me to eat; thirsty, you gave me the drink. And you might recall our Lord said, When I was in prison, you visited me. You also talked about the need for reconciliation, which I couldn't agree more with, but part of my problem is: reconciliation without justice is accommodation; it's not reconciliation. And the concern that I have is when you have a dictatorship that continues like Marx -- or not Marx -- like Lenin or like others, Nicholas Ceausescu, like Mao Tse-tung, or even right now in China, Jiang Zemin -that continues to commit violations each and every day -- the Country Reports in Human Rights Practices cites 350 to 400 political prisoners, men and women -- everybody at this table, potentially, could be thrown into prison if this hearing were being held in Havana -- every one. I would be, Cynthia, all of us would run the risk, and certainly based on what Ms. Fuentes and others have said, you would be going, you would be getting a very long jail sentence for speaking so courageously on behalf of the oppressed. So reconciliation it's important, but without justice it's one- sided. I mean, whether it be on El Salvador or South Africa, truth commissions talk about reconciliation looking back, but they also demand that going forward that there be human rights observance, otherwise it's a sham. And I'm not sure if you've read the Country Reports in Human Rights Practices, but I would -- I mean, do you agree with its contents where it says that the human rights record is poor, it systematically violates civil and political rights of its citizens, the authorities harass, threaten, arbitrarily harass, detain, imprison, defame human rights advocates and members of independent professional associations, including journalists, economists, doctors, and lawyers, often with the goal of coercing them into leaving the country -- this is the State Department speaking. They also point out that the government infringes on citizens' privacy rights, denying freedom of speech, press, assembly and association. And my point is: Do you agree with that assessment from the State Department? And secondly, again, pursuant to Matthew 25, have you yourself gone in and visited with these political prisoners who have been subjected to torture and all kinds of horrific mistreatment? Page 291 of 705 © 2009 Factiva, Inc. All rights reserved. WALKER: Mr. Chairman, since you've asked me about five or six questions, it'll take a little time to answer them all. On the matter of reconciliation, in your view, the necessity to hold that as a precondition of some discussions towards mutual understanding and reconciliation, justice, is certainly not biblical in the sense that, if we have a standard that is our standard and we indicate that we will not -- I would not discuss with you how we can reach understanding, how we can resolve our differences unless you agree with my standard of justice, there is no basis for communication. SMITH: Could you yield on that one point, very briefly. WALKER: Yes. SMITH: The Cuban government, Fidel Castro in particular, has agreed to the myriad of human rights documents, starting with the Universal Declaration of Human Rights and a host of other documents. The problem has been no follow-up, no adherence to those documents, and this isn't just a U.S. congressman or a U.S. government official speaking. I mean, the UN sent delegates there some years ago. Those who came forward and spoke out were retaliated against, so severe is the repression. So when you talk reconciliation, he's got all the guns. WALKER: Let me complete my statement, if you don't mind. What I'm suggesting is that there must be mutual respect, and there must be a willingness to sit down and discuss together, mutually, respecting the sovereignty of each -- each side respecting the sovereignty of another -- differences, charges, problems that exist. And to my understanding, that has not happened. I think, secondly, that your matter of visiting those in prison, yes, I have, and I have talked with exprisoners. And I think it is important for you to know that I have been able to do some reconciling, to be an intermediary in some cases. I think it is also important for you to know that while we may not like it, or while the kind of, I think to a large extent, wishful thinking and this sort of psychological obsession with Fidel Castro which is reflected here, bars our clarity. I think the fact is... SMITH: With all due respect, and I will -- because you're suggesting that I -- I have been reading from the State Department's very, very well- considered and well-documented Country Reports in Human Rights Practices. The fact that there is one man at the helm of that repression doesn't make me or Page 292 of 705 © 2009 Factiva, Inc. All rights reserved. anyone else who singles him out --it is the same way that we would single out Lenin or Stalin or anybody else who was at the head of a repressive regime. WALKER: My view, and it's consistent, although from a different perspective, with that which has been said by at least two members of the House, of the committee, that we ought to be careful about our language, and some of our language has suggested that we're not focusing on this basic right of a parent to be with his child. We're not basically talking about what is in the interest of a child. We have politicized the issue, and there are those who are attempting to make it an issue of what we think about Fidel Castro, what we think about the Cuban government. My point is that to a certain extent those views are irrelevant. Let me give you an example out of my own personal experience. I'm old enough that I grew up during the Depression. There were those for whom my parents worked who wanted to take me and raise me. These were very well-heeled, economically, people, an officer in Exxon Corporation. My parents made the very clear decision that they had the right and the responsibility to raise their children. They were incensed that their rich friends for whom they worked would even think that they would give up the custody of their children. We grew up in poverty. We grew up learning the values that I talk about today, the values that have shaped me. I assure you that there were many, many efforts in my own education to shape my personality, to teach me to be a capitalist, to teach me to favor free market enterprise, et cetera -- that's the function of any government. I think it would irresponsible of the Cuban government to claim to be, as it does in its constitution, a socialist state and not teach what that means to its people. We should not deny that to Cuba. We should allow the parents who may not have as much as the distant relatives here in the U.S. would have to raise, in this case, his own child. That's the issue. The issue for me is the welfare of this child in the custody of his father, not what Fidel Castro thinks, not all of these issues, which need to be addressed in due course and in proper context. This was not what I was invited to discuss, and I think that we have reached far beyond, in my view, the bounds of the specific description of the subject of this hearing. We are now engaging in a certain degree of prophecy. For example, how can we sit here and predict that young Elian will be forced to be a Marxist? I think this is sort of outlandish and irresponsible. I think there are those who think that, and they may speak their view, but to declare categorically this is what's going to happen, I suggest, is not responsible discourse. And I feel that very seriously. I know many people in Cuba who are not Marxists, who are critical of Marxism, or at least some aspects of it, and who are patriotic in their country, who are faithful in their family responsibilities, who are good upstanding, outstanding citizens, and I think that we ought to recognize that people can be of a different Page 293 of 705 © 2009 Factiva, Inc. All rights reserved. ideological or religious political persuasion and be quality human beings and be people of respect and people of integrity. SMITH: You've sparked some comments from your comments, though. WALKER: And that we should be able to communicate with them and resolve any differences. SMITH: Doctor? DOMINGUEZ: I wanted to respond to that, because it's in the Cuban constitution under Article 39, and I've read it before, and I need to go back to it, because it's not me who's saying it; it's their own Cuban constitution. Article 5 starts saying that the Communist Party of Cuba, described as Marxist-Leninist, is the organized vanguard of the Cuban nation and is the superior leading force of the society and the state, which organizes everything that goes on. And then in Article 39, it goes into the state bases its educational and cultural policies on Marxist ideology. And it promotes the patriotic education and communist training for the new generations. It is right there in the Cuban constitution. It addresses the very topic and that very issue. SMITH: Ms. Fuentes or Mr. Cohen? FUENTES: I'll translate for him, and then I would like to make a comment, if I may. COHEN (THROUGH TRANSLATOR): It's very important to know that anyone who intends to study, who wants to study in Cuba, for example, to finish a university career, first has to have a political file approved by the school or the educational institution. The case of my daughter, for instance, who was expelled from school not because she was saying what she thought, speaking her mind, but because of what her father thinks. And because in order to free her, I tried to get a visa. Automatically that disqualifies her to continue her higher education. COHEN (THROUGH TRANSLATOR): I studied at the university. I graduated with a degree in mathematics. What does mathematics have to do with communism? During the five years I had to pass a subject matter titled "Scientific Communism." If you don't pass that subject matter, you cannot become a mathematician or a physics -- a scientist or a physicist or an engineer -- Ms. Torres is adding or an artist or anything else. Reverend Walker was saying before that he knows people in Cuba who are not communists. Probably that's what they tell him because that is how the political system works. I was a witness to how the Page 294 of 705 © 2009 Factiva, Inc. All rights reserved. system worked. The person that is addressing you and telling you this is someone who was there and was a witness of how the system works. That's why I'm here, that's why I broke with the government. One of the things that I hated most was how honest people were utilized, people who lived in freedom like the reverend. There were three categories in the intelligence service. One is to be an agent. The agent is the one that is placed outside in a foreign country and provides information to Cuba about the activities in that country. The second level is a confidence person. Before that there is a category that is referred to as a worthwhile contact. Those are people who come to Cuba. They are studied, they are actually studied, and they get them to collaborate in some way with the government, but they have no secret information. They simply become like spokespersons of the government. The worthwhile-contact people know that they are, in effect, providing a service to the Cuban government. There's a third category which is the friendly relation, the friendly contact. This person never knows that he is, in effect, working for the government. They're used without their knowledge, really; they're used. They show them the apparent successes of the revolution. They're taken to hospitals, they're taken to biotechnology centers. Anybody would be impressed because you never really get to know the other truth. That person gets a file opened --a file is opened for that person in Cuba. If tomorrow any one of you goes to Cuba, you will have a file opened. It doesn't matter who you are. Every single person that goes to Cuba has a file. You can't possibly know that reality, but I'm a witness of that reality. This is a time-consuming activity, but it's done with plenty of time. The person is studied, their motivations, their weaknesses, their resentments, if they're black, if they're white, and the system grinds that information into usable information. I'm a witness to that, which is why I broke with the regime, because there are a lot of honest people, illustrious people, who are very good people, who live in a world of disinformation, and Castro actually mocks them. Believe me, that is the truth, and I'm a witness of that. Thank you. SMITH: Ms. Cynthia McKinney. And if your time permits, we would like to have a second round of questions, but if anybody does have to leave, I certainly understand it is getting very late. MCKINNEY: Thank you, Mr. Chairman. I want to, I guess, thank you for calling this hearing, because I have to say that it has been educational Page 295 of 705 © 2009 Factiva, Inc. All rights reserved. for me as well, and I believe that in due course we will have more hearings, and we will explore the issue of Cuba even more. I do want to hear from Mr. Cohen a little more, but I want to yield to my colleague so that she can go ahead of me. JACKSON LEE: Thank you, and I'd like to thank my colleague for yielding and also would like to thank the chair for allowing me to sit in on the subcommittee hearing. I serve on the International Relations Committee, Subcommittee on Africa, but this is an issue that is very important to me. Human rights of children anywhere in the world are critical in terms of just the future of the world. Oftentimes when I travel, and now I'm not talking about to Cuba but I'm talking about throughout the world, I am asked as an African- American with regard to what's going on with our children here in America in terms of the millions of children living in poverty, in terms of the millions of children who are homeless, and the disproportionate number of young African-American men in jail for non-violent offenses. So, in other countries and other leaders in countries ask me very similar questions that we're asking today. And, so human rights, of course, for children anywhere in the world are very important. Let me say that I have visited Cuba on several occasions. I wanted to form my own opinions about the realities of Cuba. Unfortunately, this 40-year embargo has prevented American citizens from freely traveling to be able to see and to form their own opinions. We have a right to travel, and we have not been able, as American citizens, to have that right to travel to Cuba for a variety of reasons unless we jump through a lot of hoops. So I go so I can come back and try to engage in an objective discussion with regard to U.S.-Cuba policy, and I think this dialogue must take place. I'm pleased that this hearing is taking place today, because this gets us at least to the dialogue stage. Now it's no secret -- and one of the reasons I came over here, Mr. Chairman, is I was sitting in my office watching the videotape of Elian, and so I said I'm going to have to come over to this hearing, because I don't know what to do, quite frankly. I have to make this statement. It's no secret that I have supported the return of Elian to his father. I think that that's the only right thing to do, that parental custody, the bond between a parent and child supersedes any kind of issue with regard to any government in the world. And so I have the opportunity... (AUDIO GAP) JACKSON LEE: ...in Cuba and here in Maryland, and I have no reason to believe that he is not a fit parent. He loves his child, and he should be returned. Page 296 of 705 © 2009 Factiva, Inc. All rights reserved. Today when I saw this videotape and I wanted to ask members of the panel what they thought about this, because to me this videotape has crossed the line, Mr. Chairman. This videotape -- when I saw young Elian on this tape, it reminded me of oftentimes when we see members of our armed services and U.S. citizens captured abroad and then put on television and asked to say questions and then the tapes are put out to the media. We as Americans feel incensed that that kind of propaganda can go out. And here we have a six-year-old child who was on television earlier. It just brought back memories of times when we had to deal with this as American people. And I wanted to see if the panel, any of you felt that that crossed the line at all in terms of Elian Gonzalez and his human rights, or if that's something that we think is the right thing to do convince the American people that he should stay in America? I'm curious. SMITH: Well, first of all, let me just say, since you're asking the panel rather than the witnesses, I happen to believe that unlike the POWs -- and I was on the POW-MIA task force for Vietnam and made trips over to there, and I remember going through the footage. We were talking about life sightings and then, unfortunately, it became just a matter of trying to repatriate remains. But in looking at all of those old clippings, there were men under duress who were tortured day in and day out, witnesses Jeremiah Denton (ph), Sam Johnson (ph), all of whom have written books, and many, many others who were being coerced, and if they didn't say exactly what they were told to say -- as a matter of fact, Jeremiah Denton, while he was giving his testimony, false, about how great things were, was actually blinking torture in Morse code. He had the presence of mind to do that during that horrific ordeal. I have met many, many people who have lived in captivity. I have met many people who have lived in Castro's -- Armando Valodares (ph), one of the greatest leaders of democracy who was actually Reagan's ambassador to the Geneva convention on human rights. I've read his book, "Against All Hope," and then talked to him extensively about the torture, the torture that he had to endure day in and day out in Castro's prison. That may be putting a name on it. It's Castro's prisons, like it or not, just like it was Stalin's gulags, and then it became Kruzchev's and became other people in the former Soviet Union. Here we have a young child who has bonded very closely to a young lady, and I've met with this young lady, the cousin, I've met with other members of the family. He seems to love her and has substituted the love that he loved so deeply for his own mother for this other caregiver, this surrogate mother, call her whatever you would like, Marisleysis. And you have a situation where the family deeply loves this child and they put out a video. I don't think that crosses the line. And to make the comparison to men in combat or any other prison-like situation where they have been tortured goes over the line. I say with all due respect to my friend, because I watched that video this morning, and it comported with everything else that has been said. Page 297 of 705 © 2009 Factiva, Inc. All rights reserved. I happen to argue, and I argued again this morning or when we opened up this hearing, I would hope that a court of competence would look at the best interest of the child. And we have seen, while Reverend Walker would disagree that we can't have prophetic views whether or not he will become a Marxist, you know, past is prologue. The clear, unmistakable record of the communist dictatorship in Cuba and their supporting documents, witnesses to that repression year in and year out have come forward and the document that in that system of education there will be a very aggressive attempt to mold this individual in a Marxist-Leninist perspective. That's just based on all the documentation. JACKSON LEE: Will the chairman yield? SMITH: And let me just conclude. JACKSON LEE: I'm sorry. SMITH: So I happen to think that whether it was right or wrong, that's up to the family, but it certainly, absolutely does not in any way even -- they can't be compared to men who have been coerced under pain of kicked when they return to their jail cells in Vietnam or in Iraq when our flyers were paraded by Saddam Hussein. Absolutely not. JACKSON LEE: Will the chairman yield? Mr. Chairman, I think you made the point. What my point is, is given what you just said, is this an appropriate mechanism or tactic to use ... SMITH: Well frankly, I think it's appropriate, and -- I thank the gentlelady for yielding -- I also thought -and I know the Cuban government was very outraged when a major network personality interviewed Elian. What's being left out of this, in my view, is best interest of the child. We just will shortly vote on the Hague convention on adoption, and riddled throughout that document is that phraseology, "best interest of the child," and maybe it is to return with his father. I would hope that his father, if given the opportunity, could make a case for staying here. But we are talking about a situation where we have not heard it all. I'm learning things myself today, and I have been following Cuba for years about this code that is forced upon young children. Now we would never settle for that. And I think the more time we have as this goes forward, I will make a major case on the floor about this robbing of parents of their rights, including Elian's dad. When his child, Elian, goes -- if he does go back to Cuba -- when he is now handed off for the final molding by the government, where are we going to be? We will have lost that child. Maybe he'll come back; maybe he'll resist it. People do resist it. But he will be molded. And I think we've got to think of his future. That's not prophetic; that's based on all of the available evidence that reasonable men and Page 298 of 705 © 2009 Factiva, Inc. All rights reserved. women could possibly have. MCKINNEY: Mr. Chairman? Mr. Chairman, would you just yield? SMITH: Yes. MCKINNEY: Is it not the case that Elian is being molded now? I've got a report here that says that he fell in love with chocolate milk, and when his relatives give him chocolate milk they tell him, Fidel Castro won't let his grandma make that for him in Cuba. Is he not being molded now, and could that have some bearing on content of hat video? I have not seen the videotape, so I don't know it, but it certainly appears to me that there's some molding going on right here. SMITH: Mr. Diaz-Balart. DIAZ-BALART: Well, I know we have a vote, and I want to first thank you, Mr. Chairman, again for this opportunity, and I just want to make sure that I have this opportunity to thank all of the panelists. Ileana, I know you're leaving. Thank you. And I felt very proud of all of the Cuban and Cuban-American members of the panel and you, sir, for the Lawyers Committee for standing up for children's rights. Children have rights, and they have a right to seek political asylum, and it's in the regs, and I've read the regs. And "any alien" means any person, including a child, and I'm glad that you all picked up on that . I just want to say this: I've had a chance to meet Elian, and Elian is a human being and he's a brilliant six-year-old. And the fact that people may be bothered because he likes freedom, he likes to be in the United States, and he doesn't like to go back to oppression is no excuse for saying that he's not speaking the truth when he tells Sister Jean, changes her mind; when he tells Diane Sawyer, changes her mind; when he tells a psychiatrist that Diane Sawyer brought, changes his mind. And now he tells the world. I haven't seen that video -- but everybody who talks to him he knows -- apparently since this administration is not following even its own precedence in procedure -- that he's got to act as his own lawyer. And that's the sad case. That's the reality of Elian Gonzalez. So he doesn't want to go back to oppression. He's six-year-old, and he's convinced of that. And I remember when I was six years old, I knew what was going on in Cuba, and I wouldn't have wanted to go back to oppression when I was six years old. And I just want to ask one question of Mr. Cohen, if I may, if I can ask you a question. Do you believe that after Elian fades as a human interest story, (SPEAKING IN SPANISH) do you think that Castro will take the risk of letting Elian and his father exist (SPEAKING IN SPANISH)? Page 299 of 705 © 2009 Factiva, Inc. All rights reserved. SMITH: May we have a translation, somebody? COHEN: You'd better, because I don't want to make any mistakes. DIAZ-BALART: Dr. Dominguez. SMITH: She'll translate. COHEN (THROUGH TRANSLATOR): There's a reality -- where is Robaina, where is Aldana (ph)? The answer is no. I know how the system works. And if you want to know what has happened in the past, don't look at this humble family. You can look at the example of the best and most prominent government officials that are part of the regime. The most recent one is Robaina, who was the foreign minister, public figure, who had traveled the entire world with contacts in every foreign office in the world. The question is: Has anyone seen Robaina again? Has any foreign journalist been able to interview Mr. Rowina again? Where is Mr. Robaina? But before Robaina there was Mr. Aldana (ph) and all the previous VIPs that Fidel has vanished. So you are really able to answer this question on your own. Would Castro allow this child in another two years or the grandmothers or his father to stand before the foreign press and say, "Well, perhaps we made a mistake." Things are already happening. Elian's father can't even get together with his own family. The grandmothers were not allowed to meet with their own family. And I wanted to go to Bethesda and speak to Elian's father to ask him to intercede for my own family. You could witness if you came with me that they would not -- I would not be allowed to do that either, because it's a risk that Fidel Castro will not take. Thank you. DIAZ-BALART: I fully agree with you, and I think that anyone who understands the reality of Cuba would agree with you. And that's why it's so monstrous to see that they're turning this child back to what is inevitably a situation where after he ceases to be a human interest story, after he can perhaps be visited at that mansion that Mr. Garcia talked about, before that he'll probably be placed in -- after that passes, Castro will simply not take the risk that two years from now or three years from now any member of that family can show up and say, things were different as they were being portrayed by Castro and the Clinton Administration. So that shows how monstrous this situation is. Page 300 of 705 © 2009 Factiva, Inc. All rights reserved. I want to also thank, in addition to all the panelists, Neri Torres... TORRES: Thank you. DIAZ-BALART: ... for pointing out the truth about Cuba, the history of your family, by the way. People of color in the history of Cuba have had a disproportionate -- disproportionate --extraordinarily disproportionate role in the liberation of Cuba. TORRES: Of Cuba, it's always been outstanding, and we earned a right to be part of the country. DIAZ-BALART: Not only that, not only your right to be part of the ... TORRES: Of everything that happens in the country. DIAZ-BALART: ...but that, as I said before, the great source of strength that Castro had from the beginning was racism. TORRES: Yes. DIAZ-BALART: He was always viewed as ... TORRES: The opponent of Batista who was a colored man. DIAZ-BALART: Remember that there was the phrase (SPEAKING IN SPANISH). That's just an aside. TORRES: Well, they wanted the devil to come, and they had it. DIAZ-BALART: But what's interesting -- how interesting it is that... TORRES: Well, let me tell you something. DIAZ-BALART: ... in the context of Cuban history... UNKNOWN: Do we deserve a translation or not, please? DIAZ-BALART: What language am I speaking in? UNKNOWN: Can someone translate the saying? UNKNOWN: Well, you spoke Spanish which was not translated. Page 301 of 705 © 2009 Factiva, Inc. All rights reserved. FUENTES: (SPEAKING IN SPANISH) meaning that was the popular word out, for the rich class mostly, let the black man get out of power. Batista who was a black --a mulatto -- let the black man go even if what comes after is chaos. TORRES: Can I point out something? During Castro we always lived in fear that they tell us not to go to America. "Don't travel to America, because the KKK is going to take you. Black is treated like hell." And it's always been a very hard issue for black people to leave Cuba. First of all, it was the economical lack of power for Cubans because, first, in the '50s he left the country. The white people were in power because it was the rich people. Then the black people had to stay, and when finally we decided to leave it was too late, and people feared that there was something happening here with the black people. So it wasn't until the '80s that black people took conscious that we were able to leave, too, because we had even the right to be against the government too. I mean, it's not that we had to bow to everything that happens in the country. DIAZ-BALART: Mr. Chairman, I have to leave. I want to, again, thank you, Neri, thank all of the panelists, sir. I know Mr. Walker's leaving. I wanted to ask you one question. You said you visited political prisoners. Can you give us some names? WALKER: (OFF-MIKE) DIAZ-BALART: Well, if you could just provide some names of political prisoners you visited, it would be very enlightening. I think his exit is most enlightening at this point. Thank you, Mr. Chairman, and thank you for pointing out so many of the unfortunate realities of today's Cuba and what would face Elian if the Clinton administration gets its way. Thank you. SMITH: Thank you, Mr. Balart. Page 302 of 705 © 2009 Factiva, Inc. All rights reserved. Let me ask Mr. Cohen: I understand that you went to the National Council of Churches to ask that they intervene on your family's behalf. Can you tell us about this? COHEN (THROUGH TRANSLATOR): My family has gone to all the government agencies and departments, including all the religious institutions in Cuba, all the religious denominations. And among the groups that my family went to visit was the National Council of Churches chapter in Cuba. I personally sent a fax letter to Ms. Campbell, to Reverend Campbell. My family also sent the information directly to the National Council of Churches office in Havana, in Cuba. I have yet to receive an answer from the U.S. office of the National Council on Churches. My wife was called, in Cuba, was called to Otto Maricel's (ph) office from the National Council on Churches in Cuba, but basically the message was we can only do what Fidel Castro allows us to do. That is exactly what happened with the Jewish community. I am of Jewish origin. My family approached Dr. Jose Miller (ph), who is the president of the Jewish congregation in Cuba who made -- he participated in one of those open forums in favor of the return of Elian to Cuba. Miller (ph) hasn't even called my family. What we have realized is that all these institutions in Cuba can only do what Fidel Castro allows them to do. That is the sad reality of my family. Thank you. SMITH: Thank you very much, Mr. Cohen. I'd like to yield to our general counsel and chief of staff, Joseph Reese (ph). REESE (ph): Mr. Shanfield, I take it from the Lawyers Committee testimony that you do recognize that where there's an apparent conflict or the possibility of a conflict that the child's interest isn't exactly the same as the parent's, then some other person should be allowed to file an asylum application for the child. And there should be some kind of a proceeding to determine whether it's appropriate for that to go forward. Now, what do you say to the argument that's been made here earlier that if you allow somebody other than the parent -- where there is a parent living, even if that parent is in the country that it's alleged will cause the persecution of the child -- that if you allow other people to file asylum applications, every child who happens to be in the United States -- the child of an ambassador from a terrible country, or rather a country with a terrible government or some visitor -- that we would simply have lots and lots of children in this situation who would not ever be able to be with their parents after that? How would you limit this in order to make sure that wasn't what was going on? Page 303 of 705 © 2009 Factiva, Inc. All rights reserved. SHANFIELD: Well, what's at stake here is that every child should have access to a fair adjudication of an asylum claim, that any child with support or without support has an opportunity to receive protection from the United States. It's difficult to speak to the specifics of this circumstance, but what has happened in this case seems to run contrary to permitting access to children. What we have at stake here is a decision by the attorney general, supported by the district court, where the attorney general has been basically granted unfettered discretion to determine what "any alien" means. If the attorney general can say that Elian Gonzalez does not fall under the rubric of "any alien," I'm uncomfortable about what's going to happen to future children where there may be conflict between that child, a parent, or a guardian. SMITH: Ms. McKinney. MCKINNEY: Oh, sure. I don't know, Mr. Chairman, if you asked a question about whether the United States government had helped Mr. Cohen with his particular situation, so why don't we start off with that. FUENTES: Is that your question? MCKINNEY: Yes. COHEN (THROUGH TRANSLATOR): I met personally with Charles Shapiro from the State Department. He saw me in his office. He explained to me that he had full knowledge of my situation, of my case. He said that every six months they give a report, a six-month report to the Cuban government asking for a reparation on the violation of the treaty; in other words, presenting case where the treaties are being violated. But the Cuban government -- according to Mr. Shapiro, the Cuban government has never given him an answer, given the State Department an answer. I know that Congresswoman Ros-Lehtinen and Congressman Lincoln Diaz-Balart have also done their bid on my behalf. And I also think Congressman Serrano has taken up my case. He did not know of my case until about two weeks ago. He learned about my case in a television program where he was a guest speaker with Oliver North. Michelle (ph) from his office was here with us just now, and she said to me that they wanted to show me what Congressman Serrano's office was doing for the case. I truly believe that someone like Congressman Serrano or someone like Reverend Lucius Walker, because of a more friendly relationship with Castro, if they interceded my family would probably be released immediately, and I hope that this happens. Thank you. Page 304 of 705 © 2009 Factiva, Inc. All rights reserved. MCKINNEY: Could you talk to me a little bit about what your responsibilities were with the intelligence service? COHEN: In Cuba? MCKINNEY: Yes. COHEN (THROUGH TRANSLATOR): OK. I specifically worked taking care of -- in other words, giving personal attention to foreign investment in Cuba. I worked for a department, the M-6 department, whose charge, whose mandate was to study, to do a profile on any potential foreign investor from any foreign country who were coming to explore investment. I also worked for a while in other departments. In one of those departments -- I worked in another department whose objective was to in effect steal technological information from the U.S. For example, there was a case where there was someone -- the case of a microprocessor, the technology of that that the Cubans wanted to have, even though this technology cannot be in Cuba because there's just no way of using it. But the Cuban government would then send that information, release that information to governments like the Iraqi government, sometimes like China. That's why sometimes I say to friends that I -- people that I know that I'm friends with in this country, that Fidel Castro is not just the enemy of the Cuban family or the Cuban people; he's an enemy of all of us, yourself included -- yourselves included. But in order for me to explain this a lot of people say to me I am betraying Fidel Castro. And my answer is Fidel Castro has betrayed the Cuban people. And the people I don't want to betray are my people, because I was forced, I had no choice really. That's my reality, and I am branded by that past that is a result of having had no choice up to a point. MCKINNEY: You mentioned that the Cuban government keeps a file... COHEN: The Cuban government? MCKINNEY: Yes, keeps a file on people who travel there. And we have recently learned that the United States government itself might be keeping files as well, similar kinds of files. Recent revelations about a particular program of the National Security Agency, called Echelon, that monitors all telephone calls, all e-mails, all faxes, all communication that I would conduct with my colleague, any communication that I would conduct with friends that I have abroad. It is my understanding, and we are just finding this Page 305 of 705 © 2009 Factiva, Inc. All rights reserved. out, that all of that communication has the potential of being intercepted by the United States government. Now when I went to China, I was told that one of the bad things about China was that they listen to the emails and the communications of people in China, and so I'm a bit shocked to discover that my own government does the same thing. But I shouldn't be very much surprised because my father's name was mentioned as one who was under surveillance by the government, whatever, local or federal government, because of his civil rights activities in this country. So I don't know that -- I guess the point I'm trying to make is that perhaps maybe it's just the nature of government, period, that our private, most innermost thoughts are intercepted or can be intercepted by people that we trust. COHEN (THROUGH TRANSLATOR): First of all, he doesn't really know to the extent of which things operate in this country. But I want to say that there is a great difference, and I will explain. If there are files that the U.S. government has available or has opened, it's because the United States is protecting its own nation, its own interests, its own security. The president of the United States is democratically elected, and I feel that all the strength of government and all the efforts are rightfully placed in preserving the security and the survival of this country, of this system, of this nation. The difference that I see when comparing it to Cuba, that in Cuba the only interests that are being advocated for or defended are the interests of one person, of one ego, not the interests of a whole nation. The interests of the people are really not the ones that are being advocated. And the saddest thing I see is that in Cuba someone like you could not possibly say what you have just said in a country where there's freedom. No one can go up to the national congress, the national assembly, with a different idea or with a criticism of some sort, which is why I respect this country, and I admire it, because I am a witness -- I have seen that freedom, those rights. But that freedom that we enjoy here, the society enjoys, is unfortunately used by the Cuban government -- by governments like the Cuban government. I truly, from the bottom of my heart, respect your points of view, and I have a lot of things to learn from a person like you, but you have a photograph of Elian on your lapel and you're advocating for his return to Cuba. That is freedom. But to think that in Cuba anybody could have a photograph on their lapel of my family, do you really think that anyone in Cuba can say on the street that they are in favor of the reunification of this family? This is what I think makes up the difference, and I thank every day -- every day I thank God for allowing me to see all this and be here. Thank you. Page 306 of 705 © 2009 Factiva, Inc. All rights reserved. MCKINNEY: Thank you. I would just like to remind the chairman that we do have victims of our own government, U.S. government excesses in the COINTELPRO program, the counterintelligence program, where African-American and minority leaders were targeted and in some cases eliminated because of their advocacy for freedom for black people and minorities in this country. I have other information that I would like to submit for the record, Mr. Chairman. I've got a letter from Congressman Ney and some information from Congressman Ciro Rodriguez, who would like to have their information entered into the record. SMITH: Without objection, those additions will be made a part of the record. MCKINNEY: Finally, Mr. Chairman, if I can be indulged just two questions more. One, Amnesty International reports that of 27,000 people interviewed, they only found 10 who had claims of political persecution. Do the panelists think that this is reflective of the reason why people leave Cuba? TRANSLATOR: Twenty-seven thousand people, Cubans interviewed by Amnesty International in Cuba? MCKINNEY: No, these are people who had left, and I believe --yes, they were in Guantanamo Bay, I believe. I can find out. DOMINGUEZ: Ms. McKinney, I'd like to answer that, please. DOMINGUEZ: Actually, I was very involved in Guantanamo and I can answer. One of the reasons that perhaps Amnesty International was not able to find as many people interested in applying for asylum is because we do have the Cuban Adjustment Act and many people would not -- the asylum process is very difficult. It's hardly understood by people who come in from systems that are repressive. They do not understand what the procedure is all about. I do conduct a class on a weekly basis to people who are seeking asylum, because I think it's our duty to inform them about the procedure. It is very difficult to understand, and I'm talking about Chinese, I'm talking about Haitians, I'm talking about Colombians, I'm talking about Cubans. And I find that it's my duty to explain the process, because many people might have a case and yet they are not able to elaborate or to explain to the satisfaction of the asylum officer. And that could have happened to anyone who might not have been able to explain the procedure beforehand. One of the things that we're finding now in Cuba is the unfortunately we have the in-country refugee Page 307 of 705 © 2009 Factiva, Inc. All rights reserved. processing program, and unlike many other countries, Cuba does not allow NGO, or what we call a volack (ph) to go in and act as a mediator or as a facilitator between the U.S. government officer and the Cuban government, and that's why a lot of people who then reach the U.S. Interests Section cannot qualify because they do not know. I do have now a program that gets aired to Cuba every Wednesday where I explain precisely the immigration rules and regulations, because we do want to actually encourage the orderly process under immigration laws. And I don't think that the interviews are really reflected, in answer to your question. I think it just basically reflects the overall response of anyone who comes out of the country, and they don't know what to say because they don't know what's important. Besides they're very -- in fact very fearful when you have an officer interviewing them. And the Amnesty International people might have come across as maybe people who might have been representing a government agenda. And that -- it happens to me, too. I always have to clarify I do not represent the government. I have to first establish myself as an NGO before they can even confide in me. It's very difficult. And again, I wanted to touch also on a point that somebody asked about Mr. Cohen's situation. I think he's not unique. There are many things that happen to people who actually ask for asylum here in the United States. They're granted asylum, and yet their family members are really sanctioned in Cuba. The U.S. government does not disclose this information, but yet because of the procedural processes that exist, because of the in-country refugee processing program, the government of Cuba does punish the family members and they do retaliate by avoiding or denying the exit visas to these people. And I would suggest something else to this subcommittee. There are migration talks every six months between Cuba and the State Department and INS. It would be very interesting and very useful for many of you to actually try to find out what goes on during those migration talks. There are certain, I'm sure, understandings and agreements that might even be impacting the situations that we have today. I can tell that from my experience people in his situation --this has been going on forever; I mean this is not new. We have a long list of cases. The United States has stepped in many times to try to resolve this issue. We haven't yet done any conclusive solutions to this, but I just wanted to let you know that this has been going on for a while. SMITH: Would my friend from Georgia yield to Joseph Reese (ph)? Page 308 of 705 © 2009 Factiva, Inc. All rights reserved. MCKINNEY: Sure. SMITH: Joseph Reese (ph) use to be the general counsel of the INS before becoming general counsel and staff director of the International Ops Committee. REESE (ph): I just wanted to comment that that statistic, 10 out of 27,000, I assume that you knew that that wasn't that Amnesty thought there were only 10 legitimate refugees out of 27,000. That was the number that INS found out of 27,000 people who managed to escape on rafts and were picked up on the high seas. And that statistic is eerily reminiscent of the number of Haitians that we found when we were doing that for about 10 years between 1981 and 1991. Out of 22,000 people interviewed, we only found 11 people who were deemed to be refugees. Once we started doing it right in 1991, we found 30 percent to be -- at least have a credible case of being refugees. So a lot of it just depends on how close a look you take. And I think the chairman will probably take Professor Dominguez up on the suggestion that we need to take a closer look, both at the in-country refugee processing, at the interviews for the people who come on rafts, and what impact those migration talks have. MCKINNEY: Thank you. My final question would be about U.S. policy to overthrow Castro. There have been assassination attempts and other kinds of biological terrorism that has been used, invasion on at least one occasion to try to and overthrow Castro, and nothing has worked. Why? COHEN (THROUGH TRANSLATOR): My personal opinion, since so many of these things happened long before I was born, that I don't think there really was a serious attempt on the part of this country to kill Fidel Castro. This is my personal opinion. Why do I feel this way? I also do not have evidence, and I don't think any of us here has evidence of everything that Fidel Castro says or claims that has been done as attempts on his life. I think there is a CIA document to that effect that addresses this issue. But I personally don't think that there was every a serious, a real serious, concerted attempt to kill Fidel. Neither would I want to advocate in favor or to have opine in favor of such attempts. What I can say to you, the demoralization, the breakdown of authority of degradation, of humiliation, of lost values of the Cuban intelligence system or the counterintelligence system would not allow -- "would not allow" is not the word -- would not withstand a real serious attempt. A few months ago a member of Page 309 of 705 © 2009 Factiva, Inc. All rights reserved. Castro's personal bodyguard defected. His name was Lazaro de Betancourt, more or less my age, whose family is in Cuba, of course as a hostage, and I told him: Are you the only one who feels this way? "No, I'm the only one who dared to defect, because not every one is willing to have their family be retained as a hostage and be harassed." Truly -- and Castro knows this. All of that, all of his system, this entire thing will end with his life. When his life ends all of this will come to an end. Not that we're betting on this or that you're betting on it or we're projecting or prophesying or anything like that. Cuba will be free, and he knows -- Castro knows that no one is really going to attempt against his life, not in Cuba, because there are no conditions that would enable such an attempt, because there is over a 2,000-body manned security force around him with 33,000 men, and you can't get weapons in Cuba freely. So whatever attempts might have occurred in the past, I don't really think they were motivated truly or seriously, and of course for Castro he turns it into some sort of victory. MCKINNEY: Mr. Chairman, I would like to put additional information into the record about those assassination attempts. SMITH: Thank you. I just have one final question. I think, Mr. Cohen, you might be the right one to address this. When the grandmothers came to the United States and met with Sister Jeanne and Elian, there were reports that Castro's agents accompanied them. Is that true in your opinion. COHEN: Yes. SMITH: And secondly, Mr. Gonzalez, who is obviously here in the United States right now: Are agents also accompanying him, both in- country or people who have come with him? And if he were to act, in your view, and I know this is speculation, but is he operating on a script? I mean, if he steps off and says something out of bounds, is there the possibility of retaliation? COHEN (THROUGH TRANSLATOR): The first public appearance that Mr. Gonzalez made was to show the video. Oh, there's a video of that presentation, of that first public appearance. The person immediately to his right is Felix Wilson. He's an officer of the B-1 intelligence department -- M-1, I'm sorry, M as in Mary, one. He knows me; I know him. The M-1 department, their task, their mandate is -their mandate is to guide operations against the United States. There are various departments, subdepartments within that department. There is department M-1, section 1. Page 310 of 705 © 2009 Factiva, Inc. All rights reserved. That's where Felix Wilson works, and his task, his responsibilities are emphatically on the U.S. government. That is his task. The academicians -- OK, also the target is -- the target of this gentleman is the United States, so his task is to develop relationships with, for example, university professors, with scholars to do a review, to do a profile on them, to inform, to try to influence lobbying in Congress with a structured methodology that takes 75 percent propaganda -- in other words, untruths -- and 25 percent of truth. TRANSLATOR: And this, according to Mr. Cohen, is a methodology of preparing information. COHEN (THROUGH TRANSLATOR): Elian's father is here, and he has to answer -- he has to act according to that script. He cannot speak freely. He cannot speak openly and he cannot contact his family here, his American family. And the reason why he cannot contact the family, he will discover the actual truth of what his potential life could be in this country. In other words, he will have access to information that is withheld from him by the Cuban government. That doesn't mean that if he contacts his family he will automatically make a decision to stay in the United States, because the grandmothers are there, the mother, there's a lot of family pressures and people left behind. But he will discover an alternative reality, the reality that we have here, and that is a great risk for Fidel Castro's balanced scheme. SMITH: Thank you very much for that, sir, the insights it provides us. I'd like to thank our very distinguished witnesses. If they have anything further they'd like to convey to the subcommittee? On behalf of my ranking member, Ms. McKinney from Georgia, the other members of the committee, we thank you so very much. We will be getting back to you probably with some additional questions, and this will be the first in a series of hearings, so I look forward to building on this record and as widely as possible disseminating the information. So we do thank you so very much. Document chts000020010804dw4k0021m Page 311 of 705 © 2009 Factiva, Inc. All rights reserved. TREASURY POSTAL APPROPS RAYMOND W KELLY 8,857 words 30 March 2000 Congressional Testimony by Federal Document Clearing House CGT English (Copyright 2000 by Federal Document Clearing House, Inc.) Statement of Commissioner Raymond W. Kelly Commissioner of the Customs Service Appropriations Hearing with the Customs Service Before the Senate Committee on Appropriations Subcommittee on Treasury and General Government March 30, 2000 1. INTRODUCTION Good morning, Mr. Chairman and Members of the Subcommittee. It is a privilege to appear before the Subcommittee today to present the Customs Fiscal Year 2001 budget request, and share with you some of our recent accomplishments and ongoing activities. Before I begin though, I would like to personally thank the Chairman, Ranking Member, and other Committee Members for the strong support you have continued to provide to the U.S. Customs Service. The Customs Service is an agency with a long and rich history, many proud traditions, and an extraordinary record of achievement. We recognize that our mission is not an easy one -standing as part of the front line of defense at the Nation's borders - but we continue to find ways to rise to the challenges that we face every day. As you know, the United States faces a continuing threat of domestic terrorism and increasingly sophisticated tactics by narcotics smugglers to move their contraband across our borders. At the same time, the increase in international trade and number of passengers transiting through major ports of entry already strain our capabilities. Our recent successes in intercepting terrorists on our northern border and major drug seizures on the Southern/Southwestern borders indicate how intelligence and technology, Page 312 of 705 © 2009 Factiva, Inc. All rights reserved. together with alert and well-trained inspectors and agents can have a major impact in deterring the threats we face. Our future success depends directly on the continued, skilled deployment of training and technology to meet the challenges we face. In order to meet its mission, Customs has emphasized the following core operational challenges: II. THE AUTOMATED COMMERCIAL ENVIRONMENT (ACE) Customs must modernize its commercial processing system in order to meet the import demands of the new millennium. Effective and reliable automated systems are critical to performing both Customs trade and enforcement missions successfully. Development and implementation of the Automated Commercial Environment (ACE), a major component of our modernization program, will provide significant benefits to Customs field operations personnel, the importing community and, most importantly, the U.S. economy through: - Uniform and streamlined cargo entry processes and just-in-time reporting capabilities; - More efficient and accurate revenue collection; - Enhanced targeting and analytical capabilities aimed at combating violations of U.S. import and export trade laws, drug smuggling, money laundering, and terrorism. ACE will replace our current 16-year old system, the Automated Commercial System (ACS). However, we have not kept pace with changing technology and its is time to begin the process of modernizing our systems. While Customs has taken many preliminary steps towards modernization, a significant amount of additional effort and funding is needed to realize our main goals: to support business processes, maximize the use of information technology, and meet the challenges of an ever-changing global trade environment. Without a new automated system, Customs will be placed in the precarious position of continuing to rely on the outdated ACS beyond the year 2004 (when ACS will be 20 years old), subjecting both Customs and the trade community to risks of degraded service, lost revenue collection, and possible disruptions. III. TRAINING AND DEVELOPMENT Customs mission demands a training regime that is strong, focused, and available to employees Page 313 of 705 © 2009 Factiva, Inc. All rights reserved. throughout their careers. Customs depends on training to develop and maintain high levels of proficiency in its mission-critical skills and to build professionalism and integrity in the workforce. Training must be delivered with consistency across the nation. Customs has lacked strong, centralized management of training programs in the past. To address this, Customs established a new Office of Training and Development (OTD) and appointed a new Assistant Commissioner of Training and Development to take the first steps to correct our deficiencies and begin to lay the groundwork needed to meet future challenges. OTD has taken a leadership role in setting training priorities and establishing management processes that are aligned with our mission. As an important first step, OTD is developing a National Training Plan (NTP) and tracking and reporting systems. Customs will have the ability to invest training funds wisely and monitor the use of these funds as well as gauge the return on investment. With the NTP, Customs will make a connection to its strategic objectives, target training areas of greatest need, and find the best and most cost-effective ways to get training to Customs employees. We will establish national priorities, develop training profiles for our mission-critical occupations, and install rigorous training and tracking procedures. Planning at the national level will allow us to explore partnerships with all offices within Customs and other agencies and teaching institutions, and will further serve to leverage scarce resources and eliminate redundancies in Customs training. Customs has also embarked on a path to strengthen the in-Service Firearms and Tactical Training Program for its 13,000-armed officers. This program is in need of constant improvement in quality and efficiency, particularly as those armed Customs officers deal with dangerous use of force events in the course of their jobs on a daily basis. Improved and enhanced firearms training will not only protect our officers, but also the traveling public we serve. IV. IMPROVED HUMAN RESOURCES MANAGEMENT As we continue to build a Customs workforce worthy of the highest public trust, our focus remains on two critical areas: recruitment of the best personnel and our commitment to integrity. Under our new Quality Recruitment program, Customs is hiring the most capable professionals. We have hired 155 new Inspectors and Canine Enforcement Officers through this system over the last 6 months and more are in the pipeline. Early indicators are that these men and women are among our Nation's best and brightest. Quality Recruitment has been extended beyond those occupations to Pilots and Aviation personnel. In addition, testing and structured evaluation are also being developed for use in choosing Supervisory Agents and Senior Inspectors. This will strengthen our merit-based selection process and serve to ensure consistency of quality in our supervisory ranks. Page 314 of 705 © 2009 Factiva, Inc. All rights reserved. Given their sensitive law enforcement responsibilities, Customs employees must be held to the highest standards of ethical and professional conduct. "Preserving Our Pride, A Guide to Good Conduct and the Discipline Process," a handbook that reinforces our commitment to integrity, has been distributed to every employee and provides the standards of conduct expected, as well as employees' rights and responsibilities. Along with clearly communicating our expectations, we have implemented systems to better capture allegations of misconduct, impartially investigate those claims, track their progress, and deal fairly and consistently with the investigative findings. We have also established a system of cross-functional boards, composed of senior managers trained in the review process, to adjudicate cases and recommend action based on the merits of the evidence. Cases involving serious allegations are handled swiftly and appropriately. Improvements to our automated human resource systems continue and based on these enhancements, we are now able to analyze and communicate important information about conduct trends to our workforce. Employees at all levels of the organization understand that they are accountable for their actions and are held to the same standards. While significant investments in Customs information technology and personnel need to be made to continue to improve on our ability to meet the challenging demands of the future, we are proud of the accomplishments we have made in this area. V. CORE MISSION ACTIVITIES As Customs meets these new challenges, it must also remain vigilant against the ever present threats of narcotics smuggling; money laundering; unwarranted threats against American industry, such as quota, marking, and intellectual property rights violations; and threats against the health and safety of the American people. On a typical day, Customs officers process 1.3 million passengers and nearly 350,000 vehicles at ports and border crossings around the country. They seize nearly 4,000 pounds of narcotics and about a million dollars in ill-gotten proceeds. Last year, in fact, Customs set another record for drug seizures, 17.5 percent over Fiscal Year 1998 seizures. That means nearly 1 1/2million pounds of illegal narcotics were kept off our Nation's streets. Yet drug smuggling organizations continually modify their means of smuggling in response to our interdiction efforts. We must constantly adapt to their changing methods. Customs enforcement actions also protect domestic industries from unfair competition. They keep tainted Page 315 of 705 © 2009 Factiva, Inc. All rights reserved. and spoiled products from making their way to consumers. They defend intellectual property rights and deter the corrosive effects of economic fraud. A. Narcotics Smuggling Customs approach to fighting narcotics smuggling is multifaceted, from traditional searches by our Inspectors and Canine Enforcement teams, to partnerships with industry to prevent drugs from being imported in their merchandise or conveyances, to air and marine interdiction, to the work of our Special Agents in tracking the illegal proceeds generated by drug sales. The use of non-intrusive technology is also key to maintaining the success of our narcotics interdiction efforts. Customs has in place a five-year technology plan that calls for the deployment of N II technology to blanket the Southern Tier and other high-risk locations. Twenty-two systems have been deployed to date and more than 15 additional systems will come online in Fiscal Year 2000. Nil technology includes items such as Mobile Truck X-Rays, Rail Systems, Relocatable Gamma Rays, and Higher Energy Fixed Site Truck X-Rays. All of this equipment, as well as systems such as the Automated Targeting System aimed at commercial shipments, act as a force multiplier in the search for well-concealed contraband. Customs is also proud of its work with participants in our Industry Partnership Programs (IPP). In Fiscal Year 1999, these participants provided information to Customs that resulted in 42 domestic seizures totaling 8,428 pounds of narcotics. During the same period, Customs efforts overseas, and IPP participants, assisted in 190 foreign intercepts of 35,640 pounds of narcotics destined for the United States from abroad. Over the last five fiscal years (1 995 - 1 999) participants in these programs have provided information to Customs which has resulted in domestic seizures totaling over 64,000 pounds of narcotics. During the same period, program participants helped intercept over 151,000 pounds of narcotics destined for the United States from abroad. Customs is working with the business community in a Business Anti- Smuggling Coalition (BASC) throughout the United States, as well as with local business communities throughout the Republic of Colombia. This led to the creation of a Colombian BASC Program, with individual BASC Chapters throughout the country. Other foreign countries where BASC Chapters have been established by the private sector include Peru, Costa Rica, Ecuador, and Venezuela. Page 316 of 705 © 2009 Factiva, Inc. All rights reserved. BASC has been promoted to the World Customs Organization and will be included into the "WCO Business Partnership" program, which provides a way in which Customs administrations could work together with trade associations to combat the international trade in illicit drugs. The mission of the Air and Marine Interdiction Division is to protect the Nation's borders and the American people from the smuggling of narcotics and other contraband with an integrated and coordinated air and marine interdiction force. With a fleet of 114 aircraft and 88 vessels, this mission is carried out from our continental boundaries to the skies over the coca fields in Colombia and Peru. In cooperation with the U.S. Southern Command, Customs has a full- time presence in the source country area of responsibility. Since 1991, Customs has used its P-3 detection and monitoring and Citation 11 interceptor/tracker aircraft to conduct air interdiction missions in source zone countries. Customs P-3 aircraft account for 90 percent of U.S. detection and monitoring assets in the source zone. As additional P-3 aircraft come on line, we are committed to providing more operational P-3 flight hours in support of these missions. Customs also provides Citation tracker aircraft in the transit and source zones. Two Citations are based in Mexico to support the Government of Mexico drug interdiction program. Significant seizures have resulted from that cooperative effort, particularly in Hermosillo, an area just south of Arizona. In the remainder of the transit zone, Customs aircraft, based at our 20 air and marine branches and units, operate from the Bahamas to the eastern Pacific. These efforts similarly make an invaluable contribution to our international drug control strategy. Another critical component of our drug interdiction effort is our marine program. Smugglers are increasingly using both airdrops and high-speed boats to move illegal drugs from South America through the Caribbean and on to the United States. In response, Customs has consolidated its marine assets with aviation operations to provide an integrated strategic and tactical response to this threat. Customs has a long tradition of interdicting airborne and marine drug smugglers along the borders of the United States. Customs uses similar airborne tactics to provide effective airspace security operations. Specifically, in accordance with Presidential Decision Directive 62, Customs has been instrumental in enhancing the Nation's defense against the potential for unconventional terrorist activity. B. Personal Search Customs currently has 10 body scan x-rays in place at major airports. These low power x-rays, which Page 317 of 705 © 2009 Factiva, Inc. All rights reserved. provide an image of the surface of the body, offer a means to determine if a traveler has contraband concealed under their clothing without physical contact. Travelers are offered the option of a body scan in lieu of a "patdown" search. We are currently seeking a contractor to provide a mobile x-ray capability at nine major airports. This would allow Customs to x-ray travelers that we suspect of carrying contraband internally much more quickly. We currently have to transport these persons to a medical facility, a process that can take a substantial amount of time. The mobile x-ray units will be able to respond to our inspection facilities at the airport within 10 minutes of being called. The x-ray will be taken and read in 30 minutes; if the x-ray is negative the traveler will then be free to depart the Customs area. I expect this contract to be awarded before April 1. Customs will also continue to seek and evaluate other non-intrusive technologies that can assist us. As the Committee is aware, allegations have been made that Customs was targeting certain minorities for inspections, detention and personal searches at border crossings. Further concerns were raised that personal searches of individuals subject to searches under Customs procedures were being carried out by employees who were not of the same gender as the individuals being searched. I have stated repeatedly that Customs will not tolerate race-based and gender bias discriminatory treatment of the traveling public. I reinforced this position in May 1999, when I stated to the House of Representatives Committee on Ways and Means, Subcommittee on Oversight that "the complaints we have received about racial prejudice in selecting passengers for searches are very disturbing. It is certainly not Customs Service policy, and it will not be tolerated as Customs Service practice -anywhere." As a result of your Committee's concerns and travelers' allegations against Customs, the agency has taken a number of steps to address these issues. We appointed a Personal Search Review Commission (PSRC) in April 1999 to review the policies and procedures used by Customs to process passengers at our major international airports including personal search procedures. The PSRC has completed field visits to our international airports. I expect its report in the next few weeks. Customs also established the Passenger Data Analysis Team (PDAT) to review and analyze personal search data. In addition, Customs has improved the personal search data collection process by making specific input of data mandatory. Additional data is now collected from travelers subjected to a personal Page 318 of 705 © 2009 Factiva, Inc. All rights reserved. search. This data is reviewed weekly by management to ensure its integrity. In November 1999, the new Personal Search Handbook was issued and training was provided to all Customs Inspectors. Over 8,000 Customs Officers, including upper level management, supervisors, Canine Enforcement Officers, and Inspectors have received this training. The Personal Search handbook has now been distributed to all appropriate personnel. Customs is committed to its pursuit of narcotics smugglers while at the same time protecting our employees and treating the traveling public in a courteous and professional manner. I believe these new policy changes will guard individual rights while ensuring Customs can still meet its mission to intercept contraband at our Nation's borders. C. Counter-Terrorism Customs has established an in-house, multi-discipline Counter- Terrorism Working Group to coordinate Counter-Terrorism issues, to include training; task force participation; technology R&D; intelligence dissemination and other Counter-Terrorism related matters. We have provided training, in the areas of WMD and Antiterrorism/Aviation Security, to Inspectors, Canine Enforcement Officers and Special Agents designated with Counter-Terrorism responsibilities. Additional training in Anti/Counter-Terrorism is being added to the Basic Inspector course in Fiscal Year 2000 and Counter-Terrorism training is being developed for Special Agents. Actionable intelligence collection and dissemination continues to be an important function of Customs Counter-Terrorism program. Special Agents actively participate in FBI Joint Terrorism Task Forces throughout the United States and provide expertise in the areas of strategic and financial investigations. Special Agents and Intelligence Research Specialists have been assigned to the FBI and the CIA to coordinate Counter-Terrorism investigative and intelligence activities that have a nexus to Customs violations. D. Stolen Vehicles Customs also works jointly with the National Insurance Crime Bureau (NICB) and other law enforcement entities to detect stolen vehicles. There are five locations where NICB Agents are working on site with Customs Inspectors. Customs processes approximately 600,000 legally exported vehicles annually. NICI3 claims that over 200,000 stolen vehicles are exported from the United States each year as units or as parts. Page 319 of 705 © 2009 Factiva, Inc. All rights reserved. Customs uses an electronic system that conducts queries of Vehicle Identification Numbers to the National Crime Information Center (NCIC), NICB and other databases to detect stolen vehicles prior to exportation. In addition, the NICI3 Vehicle Export Program, a stand-alone online system, is being used by Inspectors to access vehicle history and assist with Vehicle Identification Numbers at 10 ports. During Fiscal Year 1999 Customs seized 1,343 outbound stolen vehicles with an estimated value of more than $16.5 million. E. Forced Child Labor The investigation of allegations of goods manufactured or produced with convict, forced or indentured labor, including forced or indentured child labor, is among the most difficult responsibilities of Customs. The investigations require special training, difficult negotiations with Foreign governments, and highly specialized intelligence. Special Agents who are part investigator and part diplomat, supported by highly specialized Intelligence Research Specialists. Special Agents must travel great distances and conduct investigations under trying physical, and political circumstances. Through Outreach Programs with foreign authorities, public advocacy groups, and other U.S. agencies and organizations, Customs has developed working relationships in an effort to identify products manufactured or produced with some form of proscribed labor that are imported into the United States. As an outcome of the greater scrutiny, Customs has issued five Detention Orders which, to date, have resulted in three detentions. Detention Orders delay the entry of goods into the United States, until the importer provides Customs with proof that the goods were not produced with forced labor. As the result of one of these Detention Orders, Customs discovered the organized smuggling of beedi cigarettes to avoid the Customs Duties and Federal Excise Tax on tobacco products. F. Tobacco Smuggling International cigarette smuggling has grown to a multi-billion dollar a year illegal enterprise linked to transnational organized crime and international terrorism. Profits from cigarette smuggling rival those of narcotic trafficking. The United States plays an important role as a source and transshipment country. Additionally, large sums of money related to cigarette smuggling flow through U.S. financial institutions. Customs has taken steps to disrupt and dismantle some of the smuggling networks in cooperation with foreign law enforcement officials. Customs is studying the dramatic increase of cigarette imports into the United States in the last two quarters of 1999. The increased scrutiny, directed at certain beedi cigarette imports from India, revealed the previously unknown smuggling of beedi cigarettes into the United States that has resulted in a loss of Customs duties and Federal Excise Tax. Page 320 of 705 © 2009 Factiva, Inc. All rights reserved. G. Intellectual Property Rights The enforcement of our Intellectual Property Rights (IPR) continues to be Customs priority. We recognize that IPR crime is a problem that is global in proportion, adversely affecting domestic and international business. The explosion of IPR crime is, in part, the result of increased technological advances associated with computers and the Internet. Due to our border search authority, Customs has unique authority and qualifications in the fight against IPR crime. During the last three fiscal years, Customs enforcement efforts have resulted in record breaking IPR seizures and significant investigative activity. Customs continues its concerted effort to detect and seize infringing merchandise entering the United States and to investigate those individuals and organizations involved in those illicit schemes. This mission is accomplished through the cooperation of various disciplines within Customs and with other domestic and foreign law enforcement. Customs, in coordination with the Department of Justice, has developed and begun limited operation of the multi-agency National Intellectual Property Rights Coordination Center. The Center will coordinate U.S. Government law enforcement activities involving IPR issues. The Center will integrate information and intelligence obtained from both domestic and international law enforcement, as well as, private industry pertaining to IPR crime. This information will be disseminated for appropriate investigative and tactical use. The Center will assist in the enhancement and further development of investigative, intelligence and interdiction capabilities. H. Textile Smuggling Customs has increased its efforts in combating the smuggling and illegal transshipment, to avoid quota restrictions, of textiles and wearing apparel. Worldwide, many violators continue to participate in the criminal transportation and importation of textiles and apparel goods into the United States. The textile production verification team is still the primary resource for Customs in identifying illegal textile transshipment. Many of Customs investigative field offices within the Office of Investigations concentrate on the smuggling of textiles via in-bond diversion. These offices have successfully infiltrated smuggling organizations with the use of undercover operations. These undercover operations have identified transnational criminal organizations that have smuggled hundreds of containers of textiles and other merchandise into the commerce of the United States. This activity has deprived the United States Government of customs duties and has violated the trade restrictions implemented through the quota and visa systems. Customs will continue to attack this problem through the use of undercover operations and other traditional investigative techniques. Page 321 of 705 © 2009 Factiva, Inc. All rights reserved. 1. Financial Investigations Customs is a leader in the Federal government's efforts to combat money laundering and it provides key support to the National Money Laundering Strategy. In order to target the money launderers and the systems they employ, Customs has been given a broad grant of authority in the conduct of international financial crime and money laundering investigations. This authority is primarily derived from the Bank Secrecy Act (BSA) and the Money Laundering Control Acts of 1986 and 1988. Customs has implemented an aggressive strategy to combat money laundering, and now dedicates in excess of 400 agents worldwide to money laundering investigations. Our approach involves interdiction efforts by Customs Inspectors, criminal investigations by Customs Special Agents, and in partnership with Treasury, FinCEN and others, the design and implementation of innovative regulatory interventions, such as the Geographic Targeting Order. These efforts against money laundering are not limited to drug related money laundering, but to the proceeds of all crime laundered in a variety of ways. During Fiscal Years 1998 and 1999, money laundering investigations conducted by Customs resulted in the arrest of over 2,100 violators and the seizure of more than $600 million. In achieving this success, Customs relies on a variety of enforcement tools to attack money launderers and the systems they use to launder their criminal proceeds. Asset Identification and Removal Group In response to the threat and challenge of identifying criminal assets, Customs created Asset Identification and Removal Groups, or AIRGs, to target the assets of criminal organizations as early as possible. Currently, Customs has trained and equipped 21 AIRGs, composed of Special Agents, Auditors, and Forensic Accountants. Our AIRG team in South Florida traced the assets of a convicted marijuana smuggler who, for nearly 15 years, hid his assets through a myriad of nominee corporations, business dealings, and offshore bank accounts. Despite his best efforts, the AIRG was able to trace the profits of his drug trade. Last year, this convicted drug smuggler forfeited $50 million to Customs, the largest single Customs and Treasury Department monetary seizure. The Monroe County (Florida) Sheriffs Office provided substantial assistance to the investigation and based upon their contributions last year, Customs shared $25 million of the seized money with that department. Page 322 of 705 © 2009 Factiva, Inc. All rights reserved. As part of Customs critical role within the Treasury led Black Market Peso Exchange (BMPE) Working Group, these groups will be augmented this year to focus on the BMPE. There will also be a Suspicious Activity Review Unit within each group that will work to disseminate intelligence gathered from Suspicious Activity Reports and distribute the information to our field agents. Money Laundering Coordination Center The Customs Money Laundering Coordination Center, or MLCC, is now operational and will soon provide 24-hour deconfliction support to all Customs undercover financial investigations. By doing so, the MLCC acts as a safety mechanism so that all Customs undercover actions are tracked and coordinated in real time, thus ensuring that our numerous money laundering investigations do not conflict with one another and that undercover agents are not unknowingly pursuing the same target. The MLCC also analyzes information provided by these operations in order to more fully develop targets and expand investigations. We have invited all Federal law enforcement agencies that are conducting relevant investigations to participate in the MLCC. As outlined in the National Money Laundering Strategy, the Money Laundering Coordination Center is also the repository for all U.S. Government information relating to Black Market Peso Exchange. Information is gathered on money brokers, bank accounts, trade data and other targets. The information is analyzed by Customs to identify any targets, systems, and patterns that are then sent to our field offices for further investigation. "Non-Narcotic' Money Laundering The money laundering investigations conducted by Customs are not limited to organizations that launder drug proceeds. Customs has primary international jurisdiction involving violations of Title 18 USC 2314 which enables us to address money laundering outside of the context of drug trafficking. A number of initiatives are underway which are designed to target non-narcotic money laundering. For instance, our Numerically Integrated Profiling System (NIPS) has the ability to manipulate import/export and BSA data to determine anomalies, trends, patterns and suspicious activity. Customs participates in Project Colt, which is a joint Canadian-U.S. law enforcement initiative that targets telemarketers in Canada who prey upon elderly U.S. citizens in a lottery and advance fee scam. Since last June, Project Colt has seized and returned over $9 million to U.S. and Canadian victims. Customs also targets Prime Bank Note schemes and other investment schemes. For example, Operation Risky Business, conducted by our Tallahassee office focuses on a worldwide advance fee scheme that Page 323 of 705 © 2009 Factiva, Inc. All rights reserved. targeted U.S. businessmen. The total loss to U.S. victims in this case is in excess of $60 million. In Phoenix, Customs Agents developed an initiative targeting Prime Bank Instrument frauds that utilized foreign banks to launder and conceal funds from investors. Our agents have seized over $24 million from violators in that case. J. Bulk Cash Smuggling Customs continues to seize large amounts of bulk outbound cash at our airports, seaports, and land borders. Over the past four years, we have seized in excess of $233 million in cash that violators had attempted to smuggle out of the United States. International criminal organizations routinely collect sizeable amounts of cash derived from illegal activities and then attempt to smuggle the cash in large shipments out of the United States. Customs has discovered and seized bulk cash shipments in cars, boats, stereo equipment, and in hidden compartments. The amounts of money can be staggering. In Newark, New Jersey, Customs seized over $11 million in truck transmissions. In Miami, we seized $9 million hidden in stereo gear. Our agents, acting in conjunction with our undercover investigations, routinely find money stash houses that have hundreds of thousands of dollars bundled up and ready to be smuggled out of the country. Technology strengthens outbound inspection efforts, while facilitating normal border traffic flow. Nonintrusive technology and other equipment assist Customs Inspectors and Currency Canine Enforcement Officers in the search of cargo and conveyances at seaports, courier hubs, and on the Southern land border for undeclared currency. In Fiscal Year 2000, Customs was appropriated $2 million to purchase crucial additional equipment for our outbound interdiction efforts. This funding will provide seven mobile xray vans, three too[ trucks, and three contraband detection kits. The equipment should in effect pay for itself within the first full year of operation. K. Foreign Drug Intelligence Collection In August 1999, Customs signed a Memorandum of Understanding with the Drug Enforcement Administration (DEA) granting Customs the authority to collect counterdrug intelligence overseas in support of the counterdrug mission of Customs. The requirement for Customs to be given the authority to collect counterdrug intelligence overseas was recognized by ONDCP in the White House Task Force on the Coordination of Counterdrug Intelligence Centers and Activities. This interagency task force carried out an exhaustive review of the national counterdrug intelligence architecture in 1998. In October 1999, Customs detailed a Special Agent and an Intelligence Analyst to Mexico for 90 days. This initial phase was largely exploratory and consisted of establishing contacts with DEA and appropriate Page 324 of 705 © 2009 Factiva, Inc. All rights reserved. personnel within the Embassy in Mexico City to assess how the Foreign Intelligence Collection (FIC) team could best accomplish the mission of collecting tactical drug intelligence. The FIC team will return to Mexico in mid-March for 30 days to conduct visits to Northern Mexico DEA Offices in Juarez, Monterrey, Hermosillo, and Tijuana to assess the availability of tactical intelligence. Customs is planning to send another FIC team to Ecuador during the April timeframe. L. Intelligence Collection and Analysis Teams/BCI Through the Border Coordination Initiative (BCI), we have continued our efforts to build a strong platform of cooperation with our counterpart agencies, the Immigration and Naturalization Service (INS) and the U.S. Border Patrol (USBP), along the Southwest Border. We now have full participation in the Intelligence Collection and Analysis Teams (ICATs) which were formed to create a seamless process of gathering tactical intelligence which can be used by all the participant agencies in their quest to interdict drugs, illegal aliens, and other contraband. M. International Affairs Customs develops partnerships with other U.S. government agencies, foreign governments, and private organizations for the purpose of improving trade and enforcement practices worldwide. Partnerships help to provide the funding that is needed to deliver critical assistance to foreign governments trying to improve the effectiveness of their border management agencies. Our most significant projects are those funded by the Department of State and/or the Agency for International Development. Some partnership arrangements, such as the Americas Counter-Smuggling Initiative (ACSI), involve Customs working jointly with foreign governments and the private sector toward shared goals. Efforts to improve international trade continue with cooperation from other government agencies and international organizations -specifically the Asia Pacific Economic Cooperation (APEC), World Trade Organization (WTO), World Customs Organization (WCO), and the Caribbean Customs Law Enforcement Council (CCLEC), to name a few. Customs works closely with these organizations to reduce procedural trade barriers and seek greater standardization, transparency, simplification and automation of trade practices. Additionally, the United States negotiates Customs Mutual Assistance Agreements with foreign customs administrations. These agreements provide a framework for mutual assistance to prevent and investigate any offense against the customs laws of either country. Page 325 of 705 © 2009 Factiva, Inc. All rights reserved. Customs also pursues its mission of protecting the borders of the Nation through international efforts. In cooperation with the Department of State and others, we attempt to strengthen the infrastructure of foreign customs administrations and police agencies so that there can be more effective barriers against narcotics and other dangerous contraband, which might otherwise reach the United States. More effective border control agencies in the nations with which we trade also lead to better enforcement of the rules of international trade; facilitation of that trade; and more stable and prosperous political and economic situations. During Fiscal Year 2000, Customs undertook an extensive program of integrity and anti-corruption awareness training in several regions of the world. This training is largely funded by the Department of State, Bureau for International Narcotics and Law Enforcement Affairs. The programs are being offered in Central America, Colombia, Haiti, South Asia, China, Nigeria, and Bulgaria. We seek to exchange ideas and information related to personnel practices, appropriate laws and regulations, codes of conduct, internal affairs operations, integrity awareness programs, etc., which will lead to more professional customs and police agencies. It is our hope that these cooperative engagements of foreign border control organizations will result in significant initiatives in the countries involved to increase the level of professionalism among officers required to interdict dangerous contraband, enforce the rules of trade, and increase the collections of customs revenue upon which many of these nations heavily depend. For almost a decade, Customs has provided technical assistance to other Customs and law enforcement agencies in Eastern Europe and the former Soviet Union to stem the flow of Weapons of Mass Destruction (WMD) and their components. Using home-grown expertise and technical expertise from the Department of Energy, Customs has developed and implemented several programs to familiarize and train foreign law enforcement officers on the knowledge, techniques and skills needed to interdict and investigate the smuggling of chemical, biological, and nuclear components and delivery systems. Over the past three years, Customs implemented, with the Department of Defense, Counterproliferation Training Program throughout Eastern Europe and the newly Independent States of the former Soviet Union. The program has three elements: training, equipment, and short-term technical advisors. Training is mostly done overseas in the host country, in their working environment. Most of the training is accompanied by equipment. The equipment can be categorized as either time tested low-tech items, such as hammers, drills and flashlights, or newer high-tech items, which would include handheld radiation detection systems, fiber optic scopes and density meters. One training course known as RADACAD, short for Radiation Academy, is taught by Customs and experts from the Department of Energy's Pacific Northwest National Lab on the Hanford Nuclear Reservation in Washington State. RADACAD is the only Page 326 of 705 © 2009 Factiva, Inc. All rights reserved. law enforcement training class that allows students to work with special nuclear materials. The third elements of the program are short-term technical advisors. These advisors are most instrumental in implementing the training techniques and equipment delivered under the program. In addition, they try to work with foreign law enforcement agencies to develop better legal, managerial and physical border security infrastructures. We have already seen successes with this program. One example is a situation where former students of the program seized special nuclear materials. We believe that if we can familiarize foreign law enforcement officials with the threat and how to contain it, we will end up making the United States, and the world, a safer place to live. VI. RECENT ACCOMPLISHMENTS Anti/Counter-Terrorism The prevention of terrorist threats at our borders is a cornerstone of Customs responsibilities. Our mission in combating international terrorism is twofold: protect the American public from Weapons of Mass Destruction (WMD) and other instruments of terror, and prevent international terrorists from obtaining WMD materials and technologies, arms, funds, and other material support from U.S. and foreign sources. The importance of this mission was illustrated during the period of "Heightened Alert" over the 1999-2000 holiday season. In December 1999, Customs apprehended a suspected terrorist, Ahmed Ressam, in Port Angeles, Washington. Ressam was transporting hazardous materials, including timing devices and other bomb making components. Customs subsequently articulated a new alert plan for any future threats of this nature. The plan outlines four alert levels, each of which carries a specific set of instructions for field managers to implement once that alert is activated. These actions are designed to ensure an appropriate response to the threat at hand while also facilitating the movement of normal border traffic flows. Internal Conspiracies The drug smugglers that we combat continue to adapt to our counter smuggling methods. One of their increasingly common techniques is the use of "internal conspiracies." Internal conspiracies rely on workers within a company, industry, or port to introduce drugs into otherwise legitimate cargo or conveyances. Customs "Operation Overlord" focused its investigations on just such an internal conspiracy at Miami International Airport in August 1999. Page 327 of 705 © 2009 Factiva, Inc. All rights reserved. In cooperation with other law enforcement agencies, Customs was able to uncover internal conspiracies at several major airlines and ground service companies. The investigation culminated with the arrest of more than 58 subjects, including three law enforcement officers. During the course of our investigation we seized 691 pounds of cocaine and 17 pounds of heroin. These seizures were in addition to the "sham" drugs that conspirators moved on behalf of undercover agents during the course of the investigation. In addition to highlighting the relative ease with which smugglers can introduce drugs into the commercial aviation environment, "Operation Overlord" also highlighted serious deficiencies in overall security at U.S. airports. Working with other law enforcement and regulatory agencies, Customs is trying to use the lessons learned from Operation Overlord to improve security at our airports. Internet Activities Customs mission also extends to the borderless world of cyberspace. With the evolution of the Information Age and the growth of the Internet, traditional enforcement methods are being bypassed by the more sophisticated criminal elements. The cyberspace environment provides criminals with a means to both coordinate and to conduct criminal activity anonymously. In addition, consumers increasingly order goods "online" from foreign locations. Most of these items will arrive in the U.S. in small packages and be processed by at least one of the 14 Customs International Mail facilities or several courier hub locations. In Fiscal Year 1999, the 220 personnel assigned to International Mail locations alone cleared more than 1 billion flat parcels, a figure that is sure to increase. The ease and volume with which people can order Foreign items makes it easier to obtain goods prohibited from import into the United States. The most recent example of this is in the area of illegal importation of prohibited pharmaceuticals. In 1999 Customs realized a significant increase in pharmaceutical seizures: from 2,139 seizures in 1998 to 9,725 seizures in 1999. Most of these seizures are attributed to the explosion of online pharmacies. An ever-increasing number of these pharmacies are located abroad, outside the jurisdiction of U.S. regulators and law enforcement officers. Many of these sites blatantly advertise the sale of prescription drugs without the need of a prescription. Among the most common drugs seized by Customs are valium, codeine, anabolic steroids, rohypnol (the so-called "date rape" drug) and fenfleuramine (fen-phen). Coping with this problem will require a coordinated effort involving interdiction, investigation by the Customs CyberSmuggling Center and cooperation with foreign governments. Although foreign online pharmacies can be found on every continent, Thailand has emerged as one of the most prolific source countries. In June 1999, the Customs Attach & in Bangkok initiated a special Page 328 of 705 © 2009 Factiva, Inc. All rights reserved. operation with Thai law enforcement agencies to target suspect pharmaceutical shipments to the U. S. During this operation, Thai authorities assisted in the identification of over 4,500 shipments to the U.S. and developed sufficient evidence to take enforcement action against the Thai companies. Customs CyberSmuggling Center agents provided technical assistance to the Thais. Search warrants were executed on 7 online pharmacies. In all, 22 suspects were arrested and more than 2.5 million pharmaceutical dosage units were seized. Records from one company indicate that 80 percent of the orders were destined to the U.S. The immediate impact of these raids was that exports of unlicensed pharmaceuticals to the United States were non-existent a month following the Thai enforcement action. Child Pornography Between November 1998 and September 1999, Customs child pornography cases resulted in 436 convictions nationwide. The amount of child pornography on the Internet, the numerous incidents of enticement of children by adults for sexual purposes and the alarming rise in child sex tourism has prompted Customs agents to step up efforts to combat this menace. The Customs CyberSmuggling Center works closely with the National Center for Missing and Exploited children to process hundreds of child pornography leads every week. Cooperation with foreign law enforcement is vitally important due to the borderless nature of the Internet. Internet investigations require investigators to move quickly to capture evidence from Internet service providers necessary for successful prosecution. The informal and timely exchange of information between law enforcement officers around the world is a necessity. This cooperation has led to many successes. For example, as a result of a joint investigation with the German Federal police, the CyberSmuggling Center has referred 24 cases to field offices since October 1, 1999. Customs is currently involved in a joint child pornography/money laundering investigation with several other countries involving the distribution of child pornography. In addition, Customs is working closely with foreign law enforcement in Europe, Central America and Southeast Asia on child sex tourism investigations. In the first quarter of Fiscal Year 2000, approximately I 00 Internet based investigations developed by Customs CyberSmuggling Center were referred to field offices along with hundreds of Internet leads to our foreign counterparts. We sent 1 01 leads to Canada alone. Customs strategic approach to combating cyber crimes also includes outreach and training initiatives. In the area of outreach, we have an aggressive public awareness program and spend a significant amount Page 329 of 705 © 2009 Factiva, Inc. All rights reserved. of time informing the public of potential dangers, especially to children, on the Internet. We are working to build a solid infrastructure to combat the shift to high tech crimes by purchasing and utilizing state of the art equipment and by bringing together the various expertise required for Internet- based investigations. We are developing a comprehensive training program for Customs agents and domestic law enforcement personnel as well as our foreign counterparts to improve these officers' skills in conducting Internet-based investigations. development to be offset by a proposed fee. Drug Investigations Initiative VII. FY 2001 BUDGET REQUEST For FY 2001, Customs proposes a total program level of $2,368,207,000 and 17,544 Full Time Equivalents (FTE). Of this amount, $11 million will be reimbursed from the Treasury Forfeiture Fund. Excluding Treasury Forfeiture Fund proceeds in both FY 2000 and FY 2001, the FY 2001 budget represents an increase of 14.8 percent above the FY 2000 enacted discretionary level. In addition, the Administration has requested $210 million for ACE $25 million, 107 FTE Over the last several years, the wholesale price of imported illicit drugs, such as cocaine and heroin, have plummeted to record low levels. This is particularly alarming since research has shown that there is a direct correlation between consumption and price. Research has also shown that effective high-level enforcement (that is, enforcement above the "street" level) can raise prices, thereby reducing consumption. In an effort to address this disturbing trend, it is the intent of Customs to mount a comprehensive investigative effort to enhance high level enforcement by identifying and dismantling major drug smuggling organizations (DSOs). Successful dismantling of DSOs requires that Customs agents target the organization's operational cells (i.e., transportation, distribution and money laundering) and disrupt the interrelationship that exists between them. Customs does this by building an "investigative bridge" between border smuggling activity and the organization's command and control hierarchy located at inland U.S. cities. Special agents employ a variety of techniques to build the investigative bridge, including controlled deliveries, undercover operations, electronic and physical surveillance, and the cultivation of sources of information. However, effective employment of these techniques is labor- intensive and requires many investigative hours. If funded, 214 additional agents would be hired and strategically placed at both the border and inland command and control cities to conduct long-term, complex cases that would focus on the most significant DSOs. These investigative efforts will increase the return in enforcement results to include increased asset seizures and higher level arrests. If sustained, it is anticipated that these results will eventually Page 330 of 705 © 2009 Factiva, Inc. All rights reserved. translate into an increase in the risk borne by drug traffickers and force them to find alternative methods, raise their prices or curtail their trafficking operations. illegal narcotics proceeds would increase substantially. Forced Child Labor Initiative Narcotics Illicit Proceeds Strategy Initiative $10 million, 49 FTE The majority of undeclared currency leaving the U.S. involves proceeds from narcotics trafficking activities. The ever-increasing volume of cross-border traffic means that Customs should conduct more examinations more effectively in order to keep up with the activities of the Drug Smuggling Organizations. Due to the already extensive demand placed on current personnel, outbound examinations are currently being conducted on a very limited basis. In FY 99, Customs seized more than $60.5 million in undeclared outbound currency, even with the limited number of human resources conducting outbound examinations. More than 71 percent of that currency was destined to drug trafficking countries. If funding is approved, Customs ability to seize Forced Child Labor initiative$5 million, 9 FTE Customs is spearheading an initiative to prevent the importation of merchandise, manufactured or produced by Forced Child Labor, into the United States. In furtherance of this initiative, Customs investigates both historical and current allegations of Forced Child Labor through the deployment of investigative teams to suspect foreign manufacturing facilities, along with fostering better working relationships and cooperation with foreign law enforcement agencies. Additionally, Customs conducts intensive Outreach Programs and training for law enforcement agencies, manufacturers, producers and other government agencies in the countries that have been identified as having a significant number of allegations regarding Forced Child Labor. The funding will be used to: establish and staff two regional offices in countries from which a significant number of allegations of Forced Child Labor have originated; add an additional Special Agent position to the SCR/Hong Kong; add an additional Special Agent position at the Forced Child Labor Command Center and establish eight Special Agent positions in domestic cities where the importation of a high volume of goods, made by Forced Child Labor, has been identified. The establishment of the additional regional offices and Special Agent positions will result in an increase in pro-active investigations along with the exclusion of goods, identified as having been made with Forced Child Labor, from the United States. Page 331 of 705 © 2009 Factiva, Inc. All rights reserved. PDD 62 (Major Events Security) $12.8 million, 5 FTE There is consensus among the national intelligence community of an increasing airborne or maritime terrorist threat, capable of delivering a conventional or unconventional (nuclear, biological or chemical) attack on specific, high visibility, national events. The United States Secret Service (USSS), which is charged with planning, designing and implementing security at major national events, does not have the aviation or marine resources necessary to defend against threats in these environments. Enforcement Infrastructure In order to carry out the direction set forth in Presidential Decision Directive (PDD) 62, the Customs Air and Marine Interdiction Division (AMID) will dedicate air resources in support of the USSS to enhance defenses against conventional and unconventional terrorist attacks at designated national special security events. The proposed concept is to provide dedicated Customs aviation resources in some of the following: enforcement of temporary flight restricted areas (air only), site and route surveys, surveillance, and tactical insertion/extraction of USSS sniper/assault teams. Customs proposes to establish a dedicated air branch to support the USSS mission as outlined in PDD 62. The branch would consist of two AS-350 helicopters, one King Air aircraft reassigned from a current AMID location; availability of 3 Black Hawk helicopters on 72 hour notice; funds for additional flight hours; facility lease costs; and additional Enforcement Infrastructure $19.8 million, 0 FTE To operate safely and effectively, Customs air assets require special communication, surveillance, and automated data processing equipment to be installed on board or at ground support centers. Funds will support replacement of deteriorating and obsolete safety equipment, including infrared radar systems and surveillance equipment aboard current aircraft and original mission equipment at Customs Air and Marine Interdiction Coordination Center (AMICC). AMICC is the Nation's only radar command center, responsible for the tactical direction of Government law enforcement efforts aimed at intercepting drug smugglers entering the United States. Customs aircraft routinely and increasingly operate in airspace without benefit of control tower assistance. Often, this uncontrolled airspace overlies treacherous, mountainous terrain, requiring complex and demanding flight procedures. To dramatically increase the margin of safety for Customs aircraft and flight crews, funds will be provided to install traffic collision avoidance systems, with integrated ground proximity warning systems, into all Customs interdiction aircraft. The installation of these systems on board Customs aircraft will diminish Customs probability of suffering tragic accidents similar to those that Page 332 of 705 © 2009 Factiva, Inc. All rights reserved. occurred in the recent past to DoD and Department of Commerce personnel. Automation Modernization $338.4 million, 0 FTE Customs must modernize its infrastructure and its commercial processing system, the Automated Commercial System (ACS), if we are to keep pace with the rapidly changing global economy and its rapidly growing technological developments. These infrastructure upgrades will also provide the necessary backbone to further our efforts in anti/counter-terrorism, Internet enforcement, child pornography, and narcotics interdiction activities, just to name a few. With a more modern, efficient information technology infrastructure, our systems will be more efficient and respond more quickly, thus enabling our employees to work more effectively in meeting our mission critical demands. Our modernization efforts will transform our technology infrastructure and systems, and the processes by which we develop and deliver technology to our customers. This $338 million request consists of: - $123 million for ACS life support -- $67 million is in our base and an additional $56 million is requested for hardware, software, and data circuit upgrades required to minimize future ACS system brownouts. ACS is 16 years old and runs on an infrastructure just as old. Over the past year, ACS has experienced numerous 'brown-outs due to antiquated infrastructure hardware and software. These brown- outs' result in delayed trade processing and revenue collection. - $21 0 million for ACE -- $139 million for ACE software development and $71 million for infrastructure. To prepare for the transition from ACS to ACE, Customs has: - Developed a blueprint for ACE software development; -Developed an enterprise architecture; -Established process to move toward level 2 Capability Maturity Model (CMM) software development; -Enlisted the support of an independent contractor, MITRE, to partner with us in this effort; -Established the Customs Modernization Office and Governance Process; -Developed an investment management process; -Completed an acquisition strategy; and Page 333 of 705 © 2009 Factiva, Inc. All rights reserved. -Completed acquisition plan and source selection plan. - $5.4 million for ITDS -- these funds continue the base operations of the International Trade Data System (ITDS) which was transferred to Customs from the Department. VIII. USER FEES Automation Modernization Fee The Administration proposes to establish a fee to fund the development of the new trade system, ACE. The appropriated request includes $123 million to support the existing transaction-based system, ACS. A legislative proposal has been transmitted that would allow the Secretary to establish this fee. The recently completed cost-benefit analysis for conversion from ACS to ACE shows that modernizing Customs trade data processing system will provide significant benefits to both the Federal Government and private industry. The Administration believes the proposed fee appropriately captures some of the benefits that will accrue to private business from modernization, including a streamlined cargo entry process, account- based transactions, and a paperless process. The Administration believes that it is imperative to secure funding for this critical program. The Administration looks forward to working with the Congress on the fee to ensure that funding for this critical project is made available in Fiscal Year 2001. IX. CONCLUSION This concludes my statement for the record. I appreciate the opportunity to appear before you today. I particularly want to express my appreciation to this Subcommittee for its support of Customs in the past and your continued interest and consideration of our Fiscal Year 2001 request. Your continuing support is essential to Customs ability to accomplish our mission to protect the Nation's borders and to reduce the flow of drugs into the United States. Again, thank you for your consideration of the U.S. Customs Service. I hope we can continue to count on your support during your deliberations of the Fiscal Year 2001 budget process. Document cgt0000020010804dw3u002i0 Page 334 of 705 © 2009 Factiva, Inc. All rights reserved. Fifth Committee takes up reports on administrative matters, discusses proposed definition for `exigency` in procurement 8,477 words 22 March 2000 M2 PRESSWIRE MTPW English Copyright 2000 M2 Communications, Ltd. All Rights Reserved. The Fifth Committee (Administrative and Budgetary) took up a number of reports on administrative matters this morning, as it continued its first resumed session. A proposed definition of the circumstances where United Nations rules on procurement -- called exigency -- was introduced by the Assistant Secretary- General for Central Support Services, Toshiyuki Niwa. By its terms, procurement rules could not be waived to compensate for bad planning, but only when there were exceptional, compelling and emergent needs that would lead to serious damage, loss or injury, if not met immediately. Some Member States expressed concern at the lack of context for the definition, and sought more specific examples of when it might apply. The Chairman of the Advisory Committee on Administrative and Budgetary Questions (ACABQ), C.S.M Mselle, who also introduced that body`s report endorsing the definition, offered the example of a peacekeeping mission where a sudden deterioration in security might require an emergency evacuation of some people. That would not be a good time to call for bids, he explained. He also warned the Committee to avoid overloading the definition, which was merely an operational guideline. The Director of the Programme Planning and Budget Division, Warren Sach, introduced the SecretaryGeneral`s note on rules governing the programme budget planning and implementation processes. It included the text of a draft rule guiding programme managers on the implementation of regulation 5.4 on budget planning and evaluation. The proposed new paragraph aimed at clarifying the relationship between expected accomplishments, and objectives and outputs. Page 335 of 705 © 2009 Factiva, Inc. All rights reserved. Mr. Sach said the document had primarily been submitted to the Assembly to be noted. Following that, the Secretary-General would promulgate the guidelines, he said. The views of the Committee for Programme and Coordination were sought on the changes, and that body`s Chairman, Tommo Monthe, responded to questions. The Committee then decided to consider the document in informal consultations. Mr. Niwa also introduced a report from the Secretary-General on progress in setting up the Integrated Management Information System (IMIS) -- a computer system designed to assist with many of the United Nations internal administrative functions. Related comments from the ACABQ were introduced by Mr.Mselle. Louis Dominique Ouedraogo, Chairman of the United Nations Joint Inspection Unit (JIU), introduced two JIU reports -- on services shared in common by United Nations agencies based in Geneva and prospects for such common services, and on the operations of a coordinating committee of heads of certain United Nations organizations, called the Advisory Committee on Coordination. The Director of the Secretariat`s Office of Inter-Agency Affairs, Qazi Shaukat Fareed, introduced the response from that Committee and its chair, the Secretary- General. Statements were made by the representatives of Cuba, Portugal (for the Union and associated States), Cameroon (for the African Group), Nigeria (for the "Group of 77" developing countries and China), United States, Canada, Syria, Republic of Korea, Egypt, United Republic of Tanzania, Tunisia, Saudi Arabia, Japan, Italy and Australia. The Committee is scheduled to meet again at 10 a.m. on Thursday, 23 March, to hear a statement from the Under-Secretary-General for Management, Joseph E. Connor, on the United Nations financial situation. Programme of Work The Fifth Committee (Administrative and Budgetary) met this morning to consider a new definition of exigency needs, Joint Inspection Unit (JIU) reports on common services in Geneva and on the Administrative Committee on Coordination (ACC), as well as responses to those reports from the Secretary-General and the ACC, the Secretary-General's latest report on the Integrated Management Information System (IMIS), and on a proposed new rule for programme managers. [For background on the new rule for programme managers, see Press Release GA/AB/3346 of 30 Page 336 of 705 © 2009 Factiva, Inc. All rights reserved. November 1999.] Exigency The Committee had before it a report from the Secretary-General proposing a new definition of exigency, for the purposes of United Nations procurement (document A/54/650*). ["Exigency" is the term used in United Nations procurement regulations to describe a situation where circumstances are such that the need to follow the full gamut of requirements is waived.] The report points out that the Assembly, at its most recent session, described the definition previously proposed by the Secretary-General as too broad to exercise the required level of control, and it called for a sharper and clearer definition of exigency. Three factors were taken into account in determining the new definition: (a) exigency is unavoidable; (b) exigency is essentially a management, not a procurement, issue; and (c) the responsibility for managing exigency lies with the head of the substantive department, who must certify that exigency is genuine and unavoidable. Exigency is now defined as "an exceptional compelling and emergent need, not resulting from poor planning or from concerns over the availability of funds, that will lead to serious damage, loss or injury to property or persons if not addressed immediately". Common Services in Geneva Also before the Committee is the report of the Joint Inspection Unit on common services in Geneva (document A/53/787). A related note from the Secretary-General contains his comments, along with those of the Administrative Committee on Coordination, on the Joint Inspection Unit report on the United Nations system common services at Geneva (document A/54/635). The Joint Inspection Unit report aims to provide a coherent framework for creation and strengthening of unified, comprehensive and centralized common services in Geneva, to rationalize overheads and costs and to concentrate diminishing resources on constitutional mandates. It reviews expenditures and staffing patterns and highlights possible constraints and commonalities among the Geneva-based secretariats. It also analyses the pattern of administrative cooperation and coordination in Geneva. In his comments, the Secretary-General states that the thrust of the report is in line with his strategy to Page 337 of 705 © 2009 Factiva, Inc. All rights reserved. expand and strengthen common services and with recent efforts of the Director-General of the United Nations Office at Geneva. To that end, the Secretary-General reports that the Executive Coordinator has focused on establishing and supporting multi-organizational groups dealing with planning, coordination and implementation in the area of common services, developing evaluation criteria to allow choices among common services, including lead agency approaches, outsourcing, umbrella agreements and electronic procurement facilities, and pursuing harmonization and synchronization of different operational instrumentalities. While the JIU report focuses on a centralized common services entity, the Secretary-General's reform proposals emphasize decentralization of functions and delegation of authority to programme managers. Other Geneva-based organizations have decentralized. It is not true that pooling administrative services is inherently more cost-effective than providing them separately. Organizations caution against potential diseconomies of scale, such as increased complexity, conflicting priorities of client organizations, and differing quality and technical standards, all of which are likely to compromise some common service ventures. The Secretary-General also notes that the JIU report could have benefited from considering alternatives to centralization, such as the Vienna approach, where separate administrations provide specialist services to each other in those functions for which they are best suited, thus effecting cost savings for all. Additionally, the report should distinguish between routine and recurrent support services (such as mail and pouch, payroll, telecommunications and computers, and language and management training) and those that repeatedly require decisions (such as personnel, management and budgeting). The former are more suited to pooling, while programme managers are reluctant to relinquish control over the latter, as they affect the success of programmes for which they are accountable. The Joint Inspection Unit recommends that a new framework for common services in Geneva be established. The Secretary-General advises that the General Assembly and the legislative bodies of specialized agencies located in Geneva may wish to endorse the new framework proposed by the JIU, and require biennial reports on its implementation. To revitalize common services in Geneva, the JIU recommends the establishment of a common services committee, and possible appointment of a high-level official to foster common services objectives and arrangements. The Secretary-General will establish such a committee, but does not support the idea of establishing a high-level post, which, by adding another senior executive level, would not be costeffective. Page 338 of 705 © 2009 Factiva, Inc. All rights reserved. Regarding intergovernmental oversight of common services at Geneva, the JIU suggests arrangements for strengthening regular and coherent oversight of Geneva common services, including a more active role by the Geneva Diplomatic Committee and more meetings of the ACABQ in Geneva on issues of coordination among the Geneva-based secretariats. The Secretary-General agrees. The Administrative Committee on Coordination (ACC) points out that it is important to avoid proliferating conflicting internal and external governance and oversight arrangements. The Secretary-General also makes specific comments on a number of issues raised by the JIU, including expenditure and staffing trends, support costs of the Economic Commission for Europe, intergovernmental mechanism for common services, support provided to the United Nations Environment Programme at Geneva, and the patterns of common services and administrative coordination. Review of the Administrative Committee of Coordination The Committee had before it a review by the Joint Inspection Unit of the Administrative Committee on Coordination (document A/54/288). [The Administrative Committee on Coordination is composed of the heads of United Nations common system agencies and programmes and is chaired by the Secretary-General. It examines matters that are of common interest or relevance to the different common system organizations, such as salaries and conditions of employment.] The report aims to contribute to enhancing the effectiveness and impact of the ACC and its machinery and reinforcing the ACC's interaction with intergovernmental bodies. It draws conclusions and makes recommendations highlighting the need for continued efforts to further interaction between that Committee and intergovernmental bodies, particularly the Economic and Social Council. It makes a series of recommendations about the ACC and its machinery. Among those, the JIU recommends the ACC continue to demonstrate the impact and relevance of its work by addressing issues which lend themselves to system-wide scrutiny, and develop policy-oriented strategies to strengthen the system`s capacity to respond rapidly to major international developments. It also recommends executive heads actively pursue a new name for the ACC, which would better reflect its scope and functions, and submit a proposal to the Economic and Social Council. Regarding the ACC machinery, the JIU recommends that new working methods approved by the ACC should include continuous and wide-ranging interaction among the four standing committees of the ACC, and should consider new names for some of these standing committees. According to the JIU, the ACC should ask its committees to propose ways and means to avoid duplication in staff training. It should also examine the need for an inter-agency standing committee within the ACC. The possibility of using a "virtual secretariat" for the ACC is mooted, and a report is called for -- to be submitted to the Economic Page 339 of 705 © 2009 Factiva, Inc. All rights reserved. and Social Council -- on a system-wide management of information. In related comments from the Secretary-General and the Administrative Committee on Coordination (document A/54/288/Add.1), they note that a common feature of United Nations` reform processes has been a strong emphasis on broadening partnerships within the system, as well as with other international organizations and the wider civil society. The ACC welcomes the report, which it states is timely. It responds to each of the recommendations made by the JIU. Responding to the recommended proposed name change, the ACC states that it had considered this before, and while some agencies supported the idea, others felt the change would be merely cosmetic. It states it will reconsider its name, as it reviews its role and functions. The ACC states that it shares the JIU`s desire to avoid duplication between agencies, notably in stafftraining, and explains that different options to achieve this are currently under consideration. It notes that the strengthening of the ACC`s interactions with intergovernmental bodies, particularly the Economic and Social Council, has been greatly assisted by the changes that have taken place within that Council. The new spirit of consultation and cooperation prevailing in the ACC should also serve to support the renewal of the Council. It notes that while the Council is developing new approaches to coordination, ACC executive heads are renewing efforts to engage their governing bodies more systematically on system-wide issues and concerns. The ACC expresses hope that its efforts towards stronger system-wide cooperation will make an increasingly useful contribution to the work of the central intergovernmental bodies, and to enhanced interactions of mutual support among them, as well as between the central intergovernmental machinery and the governing bodies of the specialized agencies. Advances already achieved notwithstanding, the executive heads remain committed to further improvement to enhance relevance and effectiveness in the activities, structures and methods of work of the ACC machinery, and in the overall management of the United Nations system. Regarding the recommendation that the ACC should continue to demonstrate the relevance and impact of its work by addressing issues which lend themselves to system-wide scrutiny and developing policyoriented and forward-looking agendas which contribute to strengthen the system`s capacities, it states that the view that the ACC offers a unique forum for advancing intersecretariat cooperation and coordination in the United Nations system is shared. It also agrees that secretariat support for the ACC should be of concern to all its members, and have Page 340 of 705 © 2009 Factiva, Inc. All rights reserved. thus welcomed the establishment of the Office for Inter-Agency Affairs to provide both substantive and technical secretariat support to the ACC on a full-time basis. This support has been demonstrated in the secondment of staff to the Office from the various organizations. The use of lead agency arrangements to deal with needs-driven, time-bound tasks that cut across the mandates of different organizations is becoming increasingly prevalent within the system, it states. The JIU recommendation that the use of lead organizations and task managers be encouraged as part of a wider virtual secretariat for the ACC is an integral part of the ACC`s modus operandi. Integrated Management Information System (IMIS) Also before the Committee was the Secretary-General's eleventh progress report on IMIS (document A/54/474). The report states that, since the tenth progress report, there have been many new developments. The System has been institutionalized and is being implemented at all major duty stations, and its maintenance has been entirely assumed by United Nations staff. Estimated completion costs have remained within the projections. Over the past year, the new version of Release 2 (Staff entitlements) was implemented at Nairobi, two new versions of Release 3 (Finance and support services) were implemented in New York, Release 3 was successfully implemented at Vienna and Beirut, and the "Time and attendance" component was implemented at Headquarters. Progress has been achieved in the development of Releases 4 (Payroll and related functionalities) and 5 (Operational applications). The reporting facility was enhanced and new human resources functions were introduced. Usage of the system has increased. The next steps will see implementation of Release 3 at all offices away from Headquarters by November 2000, and implementation of Releases 4 and 5, in New York by the first quarter of 2000 and at all major duty stations by December 2000. The delay in completion compared to 1998 projections is due to the modification of implementation plans for Release 3 at offices away from Headquarters to better take into account the offices' implementation support requirements, and expanded testing of Release 4. Based on most recent experience, there are reasons to believe that the targets will be achieved while remaining within the approved budgetary provisions. In related comments from the ACABQ (document A/54/7/Add.4), that body states that the Secretarygeneral's report should have been more succinct, avoiding repetitions by cross-referencing the main report with the annexes and previous progress reports. It notes that progress for the implementation of IMIS in peacekeeping missions will require technical Page 341 of 705 © 2009 Factiva, Inc. All rights reserved. solutions for the high volume of transactions those missions require. An implementation plan will need to be developed for the peacekeeping operations, and it may be anticipated that it could be incorporated into the twelfth progress report on the IMIS project. The ACABQ regrets the lack of progress in the implementation of IMIS in peacekeeping operations and the tribunals. It recommends vigorous action be taken and asks the Secretary-General to provide information on the development of the system for field missions and the tribunals in his next progress report on IMIS, including resources required to overcome technical and personnel constraints. It further recommends a pilot project be established as soon as possible in a peacekeeping mission and that the costs of implementing the project be included in the budget of the mission. The ACABQ recommends that the General Assembly take note of the eleventh progress report of the Secretary-General on IMIS (document A/54/474), of the revised completion date of the project and of the activities planned for the next 12 months. It also recommends that after full implementation, the Secretary-General submit a comprehensive final report on implementation of the system, including a full analysis of lessons learned and experience gained, and addressing the issue of long-term strategy for further development of the system. Statements on Rules Governing Programme Planning WARREN SACH, Director, Programme Planning and Budget Division, introduced the SecretaryGeneral`s note on rules governing programme planning, programme aspects of budget, monitoring of implementation and methods of evaluation. It included the text of a rule that would be included to reflect the revision of programme planning, budgeting monitoring and evaluation regulation 5.4. A review of those regulations had been held, and at the fifty-third General Assembly session, a new set of regulations had been approved, he said. In 1999, the Secretary-General had presented a set of revisions to the underlying rules that related to those regulations. Those revised rules had been reviewed by the Committee for Program and Coordination (CPC) last June. The CPC had then suggested that the Secretary-General bring to the attention of the Assembly an additional rule, giving guidance to programme managers on the better implementation of regulation 5.4, which had been revised to incorporate text regarding expected accomplishments. The Secretariat had then drafted an additional rule for inclusion in the revised rules responding to this requirement, which appeared in paragraph 4 of the document, he said. The document was before the Assembly primarily to be noted, following which, the Secretary-General would promulgate the guidelines. EVA SILOT BRAVO (Cuba) said it was important that programme directors had specific guidelines Page 342 of 705 © 2009 Factiva, Inc. All rights reserved. allowing them to be clear about the usefulness of including the new concept. The proposal in the report must be developed further. The Committee should discuss the matter in informal consultations. EDUARDO MANUEL DA FONSECA FERNANDES RAMOS (Portugal), speaking for the European Union, said the document met the request of the CPC. The Union would have preferred that the document had been taken note of in the formal session. As the Cuban representatives wished to have informal consultations, the Union hoped this would be only a short consultation session. PAUL EKORONG A DONG (Cameroon), for the African Group, thanked the Director for introducing the report and said he wanted the Chairman of the "Group of 77" developing countries and China to speak. HASSAN MOHAMMED HASSAN (Nigeria), for the Group of 77, said the Group`s position would be crystallized during informal discussion. THOMAS REPASCH (United States) said what was suggested in the document -- that the Assembly take note of the additional paragraph -- could be done today. Rule-making was clearly within the Secretary-General`s prerogative. He said he frankly did not see anything additional to discuss, although he would participate if informal consultations were requested by other Member States. He asked if the Chairman of the CPC could provide his comments on the matter. JAMES ORR (Canada) said he supported those who suggested action be taken today, although he recognized that the possibility that it could not. He agreed that rules were within the Secretary-General`s purview. He thought, therefore, that any objections should be aired in an open meeting, so they could be placed on the record. Canada had no objection to the rule change. ABDOU AL-MOULA NAKKARI (Syria) said he wished to support those Member States that felt this paper should be considered in informal consultations before a decision was taken. It contained several concepts and ideas that must be looked into before the Assembly could take note of the changes. PARK HAE-YUN (Republic of Korea) said he considered the proposed new paragraph appropriate. He would prefer to take note of it immediately, although he would participate in informal consultations in the hope of reaching a consensus as quickly as possible. The Chairman of the Committee for Programme and Coordination, TOMMO MONTHE said there was no need to make a statement on the substance of the change, as Member States had said they had proposals to make. He would be available for any clarifications they required when those proposals were made. Page 343 of 705 © 2009 Factiva, Inc. All rights reserved. It was true that rules were within the purview of Member States and that regulations that clarified them were within the competence of the Secretary- General. The CPC had asked for clarifications, to allow better application of the concept of expected accomplishments. He had no difficulty with the substance of the text, and thought no insurmountable problems lay ahead. Given that informal consultations had been requested, he would be available to answer questions. The Fifth Committee Chairman, PENNY WENSLEY (Australia) then said that informal consultations would be arranged, but that she hoped they would be expeditious given the heavy programme of work before the Committee. Statements on Review of Efficiency TOSHIYUKI NIWA, Assistant Secretary-General for Central Support Services, introduced the report on procurement reform: definition of exigency needs. The revised report had been prepared in close consultation with the Advisory Committee on Administrative and Budgetary Questions (ACABQ). The revised definition would be incorporated into the procurement manual, along with application procedures. CONRAD S.M. MSELLE, ACABQ Chairman, introduced that body`s views. Based on lively discussions in December, the Secretariat had revised the report. The ACABQ fully concurred with the new definition and recommended that the Committee approve it. [The definition reads: "exigency shall be defined as `an exceptional compelling and emergent need, not resulting from poor planning or from concerns over the availability of funds, that will lead to serious damage, loss or injury to property or persons if not addressed immediately`".] AHMED DARWISH (Egypt) asked about the definition. How did such urgency arise -- was it because of shortage of resources or capacities? Mr. HASSAN (Nigeria), for the Group of 77 and China, said the Group believed the document would facilitate deliberations on the matter. But the circumstances under which exigency would be used must be clearly defined. He therefore wanted to see an explanation in the procurement manual on which circumstances exigency may be applied. Mr. NAKKARI (Syria) supported the questions posed by the previous two speakers. What was meant by exigencies not resulting from poor planning? he asked. Normally, planning was a long-term operation, but administration must respond rapidly to emergencies. If "planning" was to be replaced by "management" or "administration", that would be clearer. Also, the Page 344 of 705 © 2009 Factiva, Inc. All rights reserved. reference to the shortage or non-availability of funds should be further clarified. Otherwise, the paragraph was sound in terms of showing logic about why there was need to meet urgent requirements. MUHAMMAD YUSSUF (United Republic of Tanzania) said he was satisfied with the definition as it stood, but thought that it had not gone far enough to leave no room for ambiguity. He thought some examples should be given -- one or two, should be provided so Member States were not called on to guess what exigency really entailed. Mr. EKERONG A DONG (Cameroon) said he wanted to point out that the definition need not give rise to any problems. However, any definition must be placed in context. Implementation and its consequences were something different from definition, and he felt they still required considerable discussion in the Fifth Committee. He would like to discuss how the definition would be used. RADHIA ACHOURI (Tunisia) said she understood that it was not possible to list all times when exigency would come into effect, but that it was also necessary, as the report stated, to determine when exigency should not apply and normal procedures should be followed. The Assembly had not asked for a definition; it had asked that the objective of controlled management be met through the rules put in place. The certification of the head of department was not enough control for these procurement activities. They were beyond control by definition. She asked Mr. Niwa to clarify the process of certification by heads of department. She also asked how the review process would work. AHMED FARID (Saudi Arabia) said he agreed that more explanation and examples must be given. Exigency would probably apply to any new peacekeeping operation. He sought clarification on this from Mr. Niwa. Mr. Niwa responded to Member States questions. He said that when the number of peacekeeping operation had jumped in the nineties, a number of situations had forced the Chief Procurement Officer to look at the issue of exigency. There were two parts to the procurement process. First, there was operational requirements, including planning and trying to foresee needs so that action could be taken in accordance with procedures. The procurement reform process recognized that the other part -- the actual procurement -- required strengthening. Instances of the application of exigency had dramatically decreased in the last two years, he said. There had been about 17 cases in 1987, and now there were about four per year. They all applied to urgent peacekeeping needs. In the Procurement Manual, it stated that poor planning or lack of sufficient management should not be a Page 345 of 705 © 2009 Factiva, Inc. All rights reserved. reason for use of exigency procedures, he said. There must be genuine unforeseen needs. He would provide specific examples on a bilateral basis. Urgency meant more than simply urgent, as good planning was a required part of all procurement processes. The definition insisted that exhaustive effort and good planning must occur, but acknowledged that there were certain circumstances where this was not possible or not enough. He said eliminating ambiguity was very difficult, as the circumstances by their nature called for judgement to be exercised. It was therefore difficult to be more precise than he had been. Mr. Mselle then gave an example of when exigency might come into effect. Where the security situation in a peacekeeping mission deteriorated dramatically, and evacuation of individuals was required, exigency would immediately come into play. There was no time to wait to solicit bids as waiting would risk death or injury to people. This would be an exceptional circumstance, that was compelling and emergent - and therefore, it would meet the three criteria set out in the definition. Exigency situations would be audited, he continued. The auditors would determine whether they believed the situation was exceptional, compelling and emergent, and what would have happened if no action was taken. The definition before the Committee had been examined very carefully, he said, and the proposal was a workable guideline. He was happy with it. If it proved to need revisiting, this could be done through the audit process. Mr. NAKKARI (Syria) said planning was important but so was management. The Assembly had adopted the United Nations budget and the medium-term plan and this was part of planning, but implementation of that planning was up to programme managers. Exigency should not come into play as the result of bad planning or of bad management. In the document, the definition of urgent stipulated that the head of the technical department must certify a decision as to whether a situation required exigency procedures. The questions of what circumstance would be considered urgent and who would decide that urgency must be addressed for the definition to work. The definition must also include the responsibility of the technical department or programme. Mr. FARID (Saudi Arabia) said that in the case of peacekeeping, good planning in procurement was required. The United Nations logistic base in Brindisi could serve as a good base for supplies for an emergency. One could plan for emergencies. In the light of the huge peacekeeping budget for 2000 -expected to be about $1.8 billion -- he asked if there was a plan to reorganize the procurement department to meet increased responsibilities. Page 346 of 705 © 2009 Factiva, Inc. All rights reserved. Mr. MSELLE said the Committee should avoid the temptation to "overload the definition". Otherwise, it might become an operational guideline. This was a regulation-type definition, to be adopted by the Assembly. The Secretariat would then prepare modalities on how to implement the regulation that the Assembly would adopt. Those details would be internal, though there would be nothing to prevent them from being made available to Member States. If delegations felt it would be easier to go along with the definition, there would be no harm in including management in the second line, so it would read: "not resulting from poor planning, management, or from concern over the availability of funds". But in any case, the operational guidelines the Secretariat would prepare would indicate the hierarchy of command and responsibility. Mr. NIWA agreed with those comments. Management could be added to the definition. The attempt had been to make a regulation-type definition. Clearly, operational procedures had to be provided regarding how it was applied, and what the accountability mechanisms were. Those were to be developed and reflected in the procurement manual. The procurement division had been reorganized to address peacekeeping requirements. Mr. NAKKARI (Syria) said his delegation had raised the question of the cafeteria on two occasions and was still awaiting replies. Committee Chairman PENNY WENSLEY (Australia) suggested discussing this later, as there were still agenda items to be discussed. Statements on Programme Budget for 1998-1999 Mr. MSELLE introduced the report of the ACABQ on the Integrated Management Information System (IMIS). At the time his group had reviewed the Secretary- General`s report, IMIS had been installed in 11 different sites in eight locations around the world, and completion of implementation of IMIS had been scheduled for the end of 2000. The ACABQ commented on implementation of IMIS in peacekeeping operations and the tribunals in its report, he said. It regretted the lack of progress in that area, and had requested that "vigorous steps" be taken to accord high priority to that area. The ACABQ had also referred to personnel problems reported by the Secretariat, in particular the recruitment and retention of skilled information technology staff under current United Nations salary scales. The Assembly might wish to consider special rates for United Nations staff in the information technology field. Subject to the recommendations in its report, the ACABQ recommended that the Committee take note of the report. Page 347 of 705 © 2009 Factiva, Inc. All rights reserved. Mr. NIWA introduced the eleventh report on IMIS. The development and implementation of the system had been more difficult than expected at the outset, but the project was close to completion and today, the Organization relied on IMIS heavily. The current stage was one of improving the system. Capitalizing on the knowledge acquired through the development and implementation phases, the work would be carried out as part of the normal programmed of work of the IMIS team. Over the past years, discussion had focused more on the difficulties encountered than on the project`s achievements, he said. But through IMIS, the Organization had been able to modify, rationalize and document administrative processes. Except for implementation at Payroll at Headquarters, all activities this year and next would relate to completing implementation at offices away from Headquarters. Never before had so much effort been concentrated on ensuring that all duty stations benefit from the same facilities for their daily administrative work. The implementation schedule for payroll and Release 3 at some offices away from Headquarters had encountered "some minor slippage", he said. That was due to resource constraints in terms of experienced staff, and also related to the need to ensure that the last steps were flawless. More than 500 staff were now being trained in Geneva for implementing Release 3, scheduled for 10 April. That was the largest remaining effort. The other implementations, though complex, would be more manageable. The last major part of the software, Release 4, had been delivered by the contractor several months ago and the testing of it was near completion. He was confident that the project would remain within cost projections contained in the tenth progress report and approved by the Assembly. He thanked the Committee for its "critical and constructive support over the years". Mr. RAMOS (Portugal), spoke for the Union, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovenia, Cyprus, Malta, Turkey and Norway. He attached utmost importance to IMIS as it provided for enhanced efficiency in the Secretariat`s management. Regarding Release 4, the Union trusted that implementation at duty stations away from Headquarters would be completed by December 2000. He commended the Secretary-General for having enhanced budgetary discipline in the management of IMIS and expected that expenditures would remain within the budget approved by the Assembly. He asked that the Secretary-General provide information on the development of the system for field missions and the tribunals in his next progress report. THOMAS REPASCH (United States) agreed that too often in the course of discussion on IMIS, the Page 348 of 705 © 2009 Factiva, Inc. All rights reserved. Committee had focused on difficulties, cost overruns and delays in bringing the project along and completing aspects of it. His delegation admitted to joining in on some of those criticisms. But it was a good time to take a look at what had been achieved. The United States delegation appreciated what had been achieved. IMIS was an important part of steps to reform the United Nations, especially in administration and management. It was essential that the United Nations have modern tools for management. He had some questions about information in the report, he said. There was mention of missions by staff to implement releases of IMIS at duty stations, which would present a unique opportunity for reviewing local processes, transferring knowledge to local staff, and understanding the needs of local units. But had the process also led to streamlining bureaucratic and other processes that IMIS was created to automate? he asked. The report stated that implementation of Release 4 would be scheduled in the first quarter of 2000 -where did that stand now? he asked. What had been the cost of making the old system Y2K compliant? The report mentioned the United Nations Development Programme (UNDP), but what was the status of implementation of IMIS in other entities? Could further elaboration be provided on IMIS in peacekeeping missions? The United States was prepared to take note of the report, he said. But the report of the ACABQ had not complied with the Assembly`s resolution requiring that conclusions and recommendations contained in reports be printed in bold. The Secretariat, the Board of Auditors, the OIOS and the Joint Inspection Unit had complied with the long-standing resolution. When would the ACABQ comply? he asked. Mr. HASSAN (Nigeria), speaking on behalf of the Group of 77 and China, said this project had been a very expensive undertaking, and he would have expected that the Secretary-General`s report be clearer through cross- references, as the ACABQ had said. The Group would like to speak on the matter at a later date. KOJI F. X. YAMAGIWA (Japan) said that the issue of special occupational rates for United Nations staff in the information technology area required serious consideration by the Fifth Committee, but under another agenda item. Mr. PARK (Republic of Korea) asked the Secretary-General to expedite IMIS in the areas, such as peacekeeping, where there had been delays. He also asked what steps were being taken to ensure coordination with those agencies of the United Nations system that were not using IMIS. RENATA ARCHINI DE GIOVANNI (Italy) said she understood from the reports of the ACABQ and the Page 349 of 705 © 2009 Factiva, Inc. All rights reserved. Secretary-General that common services were being developed for the IMIS unit, and she asked for information on this. Mr. Niwa then responded to Member States questions. Regarding peacekeeping implementation, top priority at present was given to the completion of IMIS, and availability of qualified staff was key. Given scarce resources, he believed it would be best to complete the main part of IMIS and then move it into peacekeeping missions and tribunals. Regarding streamlining procedures, he would return to this matter in a later discussion. He would also provide the cost of YEAR 2000 computer compliance later, but he noted those costs would have been incurred in any case. As for implementation by other users, he said that the United Nations Development Programme (UNDP) had implemented Releases 1 and 2 some time ago and Release 3 in January 1999. The United Nations Children`s Fund (UNICEF) had implemented Releases 1 and 2. An outside consultant had been hired to assist in formulating a common services approach. Regarding lack of coordination in administrative procedures, they were different due to the different funding arrangements of the organizations, he said. An additional benefit arising from the common services effort for IMIS was that organizations of the system learned how procedures worked in other agencies. Ways were being sought to synchronize those procedures; however, because accountability requirements were different, it was not possible to completely harmonize processes. Mr. REPASCH (United States) said he wished to take advantage of Mr. Niwa`s offer of bilateral communication of information on the streamlining of bureaucratic processes that had occurred through IMIS. He also wished to be informed, perhaps bilaterally, of the cost of Year 2000 compliance. It seemed, initially, that there might not have been a plan to make the old Legacy system Year 2000 compliant, perhaps because it was expected that IMIS would be fully functional by the time the problem arose. Mr. PARK (Republic of Korea) said he had actually asked not about administrative procedures, but rather about references in the ACABQ report to certain United Nations system agencies that were developing their own administrative and financial software. Mr. Niwa said IMIS had suffered from bad publicity and so some people had certain problems in accepting that it might be a useful system for their organizations. That was unjustified. Although the level of effort and resources required had been underestimated, the expenditure on IMIS had not been Page 350 of 705 © 2009 Factiva, Inc. All rights reserved. extraordinary when compared to either the public or the private sector. Perhaps, IMIS should be marketed to others, but resources did not exist to do this. He was focussing all available resources on completing the mammoth implementation task. Regarding Year 2000 compliance, it had indeed not been envisaged that the old system would be needed by 2000, but the decision had been taken to make the system compliant as a backup. Statements on Review of Administrative and Financial Efficiency Dominique Ouedraogo, Chairman of the Joint Inspection Unit (JIU), introduced the Unit`s reports on common services in Geneva, and on its review of the ACC and its machinery. Common service had been scrutinized by the Unit for many years, he said; its first report on the subject had been issued in 1984. In the current series of reports, the Inspectors had pursued the objective of encouraging the United Nations organizations to establish, at different duty stations, a coherent framework for increased administrative management synergies, to rationalize their overhead structures and costs and to concentrate diminishing resources on their core constitutional mandates. The Geneva duty station had the highest concentration of United Nations system staff, but also was the most expensive among the eight major duty stations of the system, he said. The Geneva-based secretariats operated very few services in common, and the overall picture was one of considerable fragmentation and duplication of overhead structure and costs. Geneva was therefore a duty station where Member States should encourage and support efficiency reforms and greater intersecretariat collaboration in seeking more cost-effective arrangements for delivering mandated programmes, especially by means of common services. While progress had been achieved in some areas, much remained to be done to provide a satisfactory degree of administrative and budgetary coordination to reduce administrative support costs. The Unit recommended establishing a ten-year plan of action (2000-2010) and framework for achieving common services that would be operated at the United Nations Office at Geneva, the International Labour Organization (ILO), and the World Health Organization (WHO), he said. While the level of expected savings could be debated, the Unit believed that there was potential for significantly reducing administrative support cost budgets over a ten-year period, in particular from judicious applications of information technologies and systems to administrative and other support tasks. To achieve meaningful economies of scale and greater efficiency throughout the system, Member States must continue to stress the need for expanded common services in the legislative organs of all the Page 351 of 705 © 2009 Factiva, Inc. All rights reserved. organizations of the United Nations system, he said. The General Assembly should adopt a resolution encouraging the Secretary-General and the ACC to take concrete steps to enhance common services and report back to the Assembly at its fifty-sixth session on the measures taken. The resolution should invite the legislative organs of other organizations to take similar action. Turning then to the report on the ACC and its machinery, he said it was the first time that the Unit had "dared" to review a mechanism composed of the Secretary-General, as Chairman, and the executive heads of the other United Nations system organizations. Since its establishment in 1946, the ACC -- the only forum bringing together the executive heads of the United Nations system under the leadership of the Secretary-General -- had become an important actor in the coordination process within the system as a whole. Due to its composition and the different mandates of its participating organizations, it was vital that the ACC renew its sense of ownership and continue to demonstrate its relevance and impact, he said. Current efforts should be vigorously pursued, aiming at addressing issues lending themselves to systemwide scrutiny, and also to developing policy-oriented and forward-looking agendas, to strengthen the system`s capacity to respond rapidly to major international developments. The ACC should keep in mind the need to ensure that the outcomes of its meetings were more action-oriented and that they underlined activities for which secretariats were accountable, and other issues requiring guidance or action by governing bodies. The praiseworthy desire to be open to civil society would be just a "pious wish" if the Internet Web sites were not multilingual, he stressed. Non-English speaking Web users were legitimately concerned that Web site information for some system bodies was provided only in English. The JIU`s report on the ACC had already been taken note of by the Economic and Social Council, in resolution 1996/66, by which it also invited the ACC to pay particular attention in its annual report for 1999 on progress made towards a system-wide management of information, he said. While recognizing that the cost of coordination was not always easy to assess, the Unit argued for more transparency in the reporting made by secretariats to their legislative bodies on the financial implications of the inter-agency coordination process, he said. The shares of each organization in the budgets of the ACC`s jointly-financed secretariats were agreed upon between ACC members on the basis of two costsharing formulae. Owing to the need to secure full funding for the total budgets for those activities, costsharing arrangements, decided upon by the secretariats without any legislative supervision became, in practice, as much a commitment by Member States as the scale of assessments of the overall budgets of individual organizations. Page 352 of 705 © 2009 Factiva, Inc. All rights reserved. Therefore, the Unit recommended that, on the basis of a review by the ACABQ, the total budgets of jointly financed secretariats be submitted to the General Assembly for approval, in the same manner as the budget of the Unit and the ICSC, which were also joint financed, it being understood that each participating organization would continue to budget its share as agreed upon. Qazi Shaukat Fareed, Director of the Office of Inter-Agency Affairs, then introduced the SecretaryGeneral`s comments and those of the ACC. He said that the JIU and the ACC had worked closely in the preparation of the JIU report, and the ACC members welcomed the report. In many areas, the JIU reflected the reality of the ACC review of its machinery. In-depth analysis within the ACC -- for example, on globalization -- had helped agencies deal with arising issues. On management of information, there were slight differences in approach between the JIU and the ACC, and it may be unrealistic to aspire for more centralized development of systems, he said. A further review of the ACC had recently been implemented and the eminent person review team was finalizing its report. This team had benefited from the JIU report. Mr. RAMOS (Portugal) spoke for the European Union, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovenia, Cyprus, Malta, Turkey and Norway. The Union commended the Unit for its timely reports. The common services report fit with the Secretary-General`s programme for reform, which included strengthening the common system. As noted in the Union`s budget statement on common support services, the issue of common services must be given system-wide priority, based on cost-effectiveness. That should not hinder cooperation among organizations involved in the overall search for enhanced synergy and achievements of economies of scale in using common services, both in Geneva and throughout the United Nations system. He then recalled the recommendations of the Office of Internal Oversight Services on the review of the common services, contained in document A/54/157. The Inspection Unit should continue to pursue the issue, and Geneva-based organizations engage in follow-up with the Unit on the development of common services. The Union hoped that lessons learned from this exercise would be disseminated to other major duty stations. Mr. HASSAN (Nigeria), speaking on behalf of the Group of 77 and China, commended the reports and said the Group would further discuss their contents in informal consultations. Ms. SILOT BRAVO (Cuba) said the subject was very important and an additional session should be held to discuss these matters. Page 353 of 705 © 2009 Factiva, Inc. All rights reserved. Mr. REPASCH (United States) asked that Mr. Fareed`s comments on the ACC be provided to Member States in writing if possible. Regarding the Geneva common services, the narrative helped focus the discussion of the issue of common services. He asked to see more evidence of the duplication of costs or unnecessary expenses referred to, and asked for some examples. The United States was in favour of common services with one reservation, he said. Common services were not an end in themselves; rather, they were a tool for managers to assist them in obtaining goods and services in an effective and cost-efficient way. Sometimes, commons services seemed to be an end in themselves, and served only as an excuse to build empires. The goals of all common services had to be cost effectiveness of operations. Last year, the Assembly had approved a recommendation of the JIU on follow- up that required Member States to consider each legislative action recommended by the JIU, rather than just take note of a whole report. This was needed to make the follow-up to JIU recommendations useful. Regarding the report on the ACC, he noted that the Economic and Social Council had taken action on the report and asked what action the JIU expected from the Fifth Committee. He asked if several committees would need to take action to allow the follow-up to take place, and how would they be coordinated. HENRY FOX (Australia) said he was disappointed in the JIU report on Geneva common services. While it was analytical, it offered little in the way of concrete steps to address the problems it identified. The key recommendation was to create yet another high-level post in Geneva and committees to develop frameworks. The report said there were 4,656 overhead staff in Geneva at a cost of some $650 million per year, he continued. The number and costs were shocking, but JIU recommendations concerning them were lacking. A ten-year plan was not a good suggestion, and events outside Geneva were not even considered. Australia had long sought cuts in overhead costs, but the recommendations in this report would only add to such costs. He hoped that the JIU would produce more action-oriented reports in the future. Answering Member States` questions, the JIU Chairman, Mr. Ouedraogo, said the Economic and Social Council decision covered different issues from those the JIU thought the Fifth Committee should cover. The JIU made administrative and budgetary recommendations concerning the ACC, and those were more appropriately discussed in the Fifth Committee and the General Assembly. The Committee should also add value to the JIU comments on the information system coordination committee. Those issues had not been covered in the debate in the Economic and Social Council. Page 354 of 705 © 2009 Factiva, Inc. All rights reserved. Statements on Other Matters Mr. NIWA, Assistant Secretary-General for Central Support Services, said he understood there were two issues being raised about food services: the hours of operation of the Staff Cafeteria, and the Vienna Cafe being open whenever official meetings were held. The Cafeteria was open until 8 p.m. every day, and later than that, in December to cater to delegates` requirements. The Vienna Cafe was open until 5:30 p.m. every day. His understanding was that the Syrian delegation felt the Cafe should be open whenever a meeting was held. He would be happy to convey that request to the contractor. Regarding audio-visual tapes, he said he was not sure what the questions involved. The activity had been outsourced for years. If he could be enlightened on a bilateral basis, he would be happy to return with further information. Mr. RAMOS (Portugal), speaking for the Union, recalled that he had last week, in the statement on the Committee`s organization of work, expressed interest in the report on the Department of Economic and Social Affairs, Non-Governmental Organization Section. He had invited the Bureau to consider whether that report could be considered during the resumed session. Had steps been taken in that direction? Ms. WENSLEY (Australia), Committee Chairman, said she would find out. ((M2 Communications Ltd disclaims all liability for information provided within M2 PressWIRE. Data prepared by named party/parties. Further information on M2 PressWIRE can be obtained at http://www.presswire.net on the world wide web. Inquiries to [email protected])). Document mtpw000020010808dw3m00bbm Page 355 of 705 © 2009 Factiva, Inc. All rights reserved. TREASURY-POSTAL APPROPRIATIONS RAYMOND W. KELLY 8,871 words 14 March 2000 Congressional Testimony by Federal Document Clearing House CGT English (Copyright 2000 by Federal Document Clearing House, Inc.) Statement of Commissioner Raymond W. Kelly Commissioner of the Customs Service House Appropriations Hearing with the Customs Service Before the House Committee on Appropriations Subcommittee on Treasury, Postal Service, and General Government March 4, 2000 1. INTRODUCTION Good morning, Mr. Chairman and Members of the Subcommittee. It is a privilege to appear before the Subcommittee today to present the Customs Fiscal Year 2001 budget request, and share with you some of our recent accomplishments and ongoing activities. Before I begin though, I would like to personally thank the Chairman, Ranking Member, and other Committee Members for the strong support you have continued to provide to the U.S. Customs Service. The Customs Service is an agency with a long and rich history, many proud traditions, and an extraordinary record of achievement. We recognize that our mission is not an easy one - standing as part of the front line of defense at the Nation's borders - but we continue to find ways to rise to the challenges that we face every day. As you know, the United States faces a continuing threat of domestic terrorism and increasingly sophisticated tactics by narcotics smugglers to move their contraband across our borders. At the same time, the increase in international trade and number of passengers transiting through major ports of entry already strain our capabilities. Our recent successes in intercepting terrorists on our northern border and major drug seizures on the Southern/Southwestern borders indicate how intelligence and technology, together with alert and well-trained inspectors and agents can have a major impact in deterring the Page 356 of 705 © 2009 Factiva, Inc. All rights reserved. threats we face. Our future success depends directly on the continued, skilled deployment of training and technology to meet the challenges we face. In order to meet its mission, Customs has emphasized the following core operational challenges: II. THE AUTOMATED COMMERCIAL ENVIRONMENT (ACE) Customs must modernize its commercial processing system in order to meet the import demands of the new millennium. Effective and reliable automated systems are critical to performing both Customs trade and enforcement missions successfully. Development and implementation of the Automated Commercial Environment (ACE), a major component of our modernization program, will provide significant benefits to Customs field operations personnel, the importing community and, most importantly, the U.S. economy through: - Uniform and streamlined cargo entry processes and just-in-time reporting capabilities; - More efficient and accurate revenue collection; Enhanced targeting and analytical capabilities aimed at combating violations of U.S. import and export trade laws, drug smuggling, money laundering, and terrorism. ACE will replace our current 16-year old system, the Automated Commercial System (ACS). However, we have not kept pace with changing technology and its is time to begin the process of modernizing our systems. While Customs has taken many preliminary steps towards modernization, a significant amount of additional effort and funding is needed to realize our main goals: to support business processes, maximize the use of information technology, and meet the challenges of an ever-changing global trade environment. Without a new automated system, Customs will be placed in the precarious position of continuing to rely on the outdated ACS beyond the year 2004 (when ACS will be 20 years old), subjecting both Customs and the trade community to risks of degraded service, lost revenue collection, and possible disruptions. Ill. TRAINING AND DEVELOPMENT Customs mission demands a training regime that is strong, focused, and available to employees throughout their careers. Customs depends on training to develop and maintain high levels of proficiency in its mission-critical skills and to build professionalism and integrity in the workforce. Training must be Page 357 of 705 © 2009 Factiva, Inc. All rights reserved. delivered with consistency across the nation. Customs has lacked strong, centralized management of training programs in the past. To address this, Customs established a new Office of Training and Development (OTD) and appointed a new Assistant Commissioner of Training and Development to take the first steps to correct our deficiencies and begin to lay the groundwork needed to meet future challenges. OTD has taken a leadership role in setting training priorities and establishing management processes that are aligned with our mission. As an important first step, OTD is developing a National Training Plan (NTP) and tracking and reporting systems. Customs will have the ability to invest training funds wisely and monitor the use of these funds as well as gauge the return on investment. With the NTP, Customs will make a connection to its strategic objectives, target training areas of greatest need, and find the best and most cost-effective ways to get training to Customs employees. We will establish national priorities, develop training profiles for our mission-critical occupations, and install rigorous training and tracking procedures. Planning at the national level will allow us to explore partnerships with all offices within Customs and other agencies and teaching institutions, and will further serve to leverage scarce resources and eliminate redundancies in Customs training. Customs has also embarked on a path to strengthen the in-Service Firearms and Tactical Training Program for its 13,000-armed officers. This program is in need of constant improvement in quality and efficiency, particularly as those armed Customs officers deal with dangerous use of force events in the course of their jobs on a daily basis. Improved and enhanced firearms training will not only protect our officers, but also the traveling public we serve. IV. IMPROVED HUMAN RESOURCES MANAGEMENT As we continue to build a Customs workforce worthy of the highest public trust, our focus remains on two critical areas: recruitment of the best personnel and our commitment to integrity. Under our new Quality Recruitment program, Customs is hiring the most capable professionals. We have hired 155 new Inspectors and Canine Enforcement Officers through this system over the last 6 months and more are in the pipeline. Early indicators are that these men and women are among our Nation's best and brightest. Quality Recruitment has been extended beyond those occupations to Pilots and Aviation personnel. In addition, testing and structured evaluation are also being developed for use in choosing Supervisory Agents and Senior Inspectors. This will strengthen our merit-based selection Page 358 of 705 © 2009 Factiva, Inc. All rights reserved. process and serve to ensure consistency of quality in our supervisory ranks. Given their sensitive law enforcement responsibilities, Customs employees must be held to the highest standards of ethical and professional conduct. "Preserving Our Pride, A Guide to Good Conduct and the Discipline Process," a handbook that reinforces our commitment to integrity, has been distributed to every employee and provides the standards of conduct expected, as well as employees' rights and responsibilities. Along with clearly communicating our expectations, we have implemented systems to better capture allegations of misconduct, impartially investigate those claims, track their progress, and deal fairly and consistently with the investigative findings. We have also established a system of cross-functional boards, composed of senior managers trained in the review process, to adjudicate cases and recommend action based on the merits of the evidence. Cases involving serious allegations are handled swiftly and appropriately. Improvements to our automated human resource systems continue and based on these enhancements, we are now able to analyze and communicate important information about conduct trends to our workforce. Employees at all levels of the organization understand that they are accountable for their actions and are held to the same standard. While significant investments in Customs information technology and personnel need to be made to continue to improve on our ability to meet the challenging demands of the future, we are proud of the accomplishments we have made in this area. V. CORE MISSION ACTIVITIES As Customs meets these new challenges, it must also remain vigilant against the ever present threats of narcotics smuggling; money laundering; unwarranted threats against American industry, such as quota, marking, and intellectual property rights violations; and threats against the health and safety of the American people. On a typical day, Customs officers process 1.3 million passengers and nearly 350,000 vehicles at ports and border crossings around the country. They seize nearly 4,000 pounds of narcotics and about a million dollars in ill-gotten proceeds. Last year, in fact, Customs set another record for drug seizures, 17.5 percent over Fiscal Year 1998 seizures. That means nearly 1 1/2million pounds of illegal narcotics were kept off our Nation's streets. Yet drug smuggling organizations continually modify their means of smuggling in response to our interdiction efforts. We must constantly adapt to their changing methods. Page 359 of 705 © 2009 Factiva, Inc. All rights reserved. Customs enforcement actions also protect domestic industries from unfair competition. They keep tainted and spoiled products from making their way to consumers. They defend intellectual property rights and deter the corrosive effects of economic fraud. A. Narcotics Smuggling Customs approach to fighting narcotics smuggling is multifaceted, from traditional searches by our Inspectors and Canine Enforcement teams, to partnerships with industry to prevent drugs from being imported in their merchandise or conveyances, to air and marine interdiction, to the work of our Special Agents in tracking the illegal proceeds generated by drug sales. The use of non-intrusive technology is also key to maintaining the success of our narcotics interdiction efforts. Customs has in place a five-year technology plan that calls for the deployment of Nil technology to blanket the Southern Tier and other high-risk locations. Twenty-two systems have been deployed to date and more than 15 additional systems will come online in Fiscal Year 2000. Nil technology includes items such as Mobile Truck X-Rays, Rail Systems, Relocatable Gamma Rays, and Higher Energy Fixed Site Truck X-Rays. All of this equipment, as well as systems such as the Automated Targeting System aimed at commercial shipments, act as a force multiplier in the search for well-concealed contraband. Customs is also proud of its work with participants in our Industry Partnership Programs (IPP). In Fiscal Year 1999, these participants provided information to Customs that resulted in 42 domestic seizures totaling 8,428 pounds of narcotics. During the same period, Customs efforts overseas, and IPP participants, assisted in 190 foreign intercepts of 35,640 pounds of narcotics destined for the United States from abroad. Over the last five fiscal years (1 995 - 1999) participants in these programs have provided information to Customs which has resulted in domestic seizures totaling over 64,000 pounds of narcotics. During the same period, program participants helped intercept over 151,000 pounds of narcotics destined for the United States from abroad. Customs is working with the business community in a Business Anti- Smuggling Coalition (BASC) throughout the United States, as well as with local business communities throughout t ' he Republic of Colombia. This led to the creation of a Colombian BASC Program, with individual BASC Chapters throughout the country. Other foreign countries where BASC Chapters have been established by the private sector include Peru, Costa Rica, Ecuador, and Venezuela. Page 360 of 705 © 2009 Factiva, Inc. All rights reserved. BASC has been promoted to the World Customs Organization and will be included into the "WCO Business Partnership" program, which provides a way in which Customs administrations could work together with trade associations to combat the international trade in illicit drugs. The mission of the Air and Marine Interdiction Division is to protect the Nation's borders and the American people from the smuggling of narcotics and other contraband with an integrated and coordinated air and marine interdiction force. With a fleet of 114 aircraft and 88 vessels, this mission is carried out from our continental boundaries to the skies over the coca fields in Colombia and Peru. In cooperation with the U.S. Southern Command, Customs has a full- time presence in the source country area of responsibility. Since 1991, Customs has used its P-3 detection and monitoring and Citation 11 interceptor/tracker aircraft to conduct air interdiction missions in source zone countries. Customs P-3 aircraft account for 90 percent of U.S. detection and monitoring assets in the source zone. As additional P-3 aircraft come on line, we are committed to providing more operational P-3 flight hours in support of these missions. Customs also provides Citation tracker aircraft in the transit and source zones. Two Citations are based in Mexico to support the Government of Mexico drug interdiction program. Significant seizures have resulted from that cooperative effort, particularly in Hermosillo, an area just south of Arizona. In the remainder of the transit zone, Customs aircraft, based at our 20 air and marine branches and units, operate from the Bahamas to the eastern Pacific. These efforts similarly make an invaluable contribution to our international drug control strategy. Another critical component of our drug interdiction effort is our marine program. Smugglers are increasingly using both airdrops and high-speed boats to move illegal drugs from South America through the Caribbean and on to the United States. In response, Customs has consolidated its marine assets with aviation operations to provide an integrated strategic and tactical response to this threat. Customs has a long tradition of interdicting airborne and marine drug smugglers along the borders of the United States. Customs uses similar airborne tactics to provide effective airspace security operations. Specifically, in accordance with Presidential Decision Directive 62, Customs has been instrumental in enhancing the Nation's defense against the potential for unconventional terrorist activity. B. Personal Search Customs currently has 1 0 body scan x-rays in place at major airports. These low power x-rays, which provide an image of the surface of the body, offer a means to determine if a traveler has contraband Page 361 of 705 © 2009 Factiva, Inc. All rights reserved. concealed under their clothing without physical contact. Travelers are offered the option of a body scan in lieu of a "patdown' search. We are currently seeking a contractor to provide a mobile x-ray capability at nine major airports. This would allow Customs to x-ray travelers that we suspect of carrying contraband internally much more quickly. We currently have to transport these persons to a medical facility, a process that can take a substantial amount of time. The mobile x-ray units will be able to respond to our inspection facilities at the airport within 1 0 minutes of being called. The x-ray will be taken and read in 30 minutes; if the x-ray is negative the traveler will then be free to depart the Customs area. I expect this contract to be awarded before April 1. Customs will also continue to seek and evaluate other non-intrusive technologies that can assist us. As the Committee is aware, allegations have been made that Customs was targeting certain minorities for inspections, detention and personal searches at border crossings. Further concerns were raised that personal searches of individuals subject to searches under Customs procedures were being carried out by employees who were not of the same gender as the individuals being searched. I have stated repeatedly that Customs will not tolerate race-based and gender bias discriminatory treatment of the traveling public. I reinforced this position in May 1999, when I stated to the House of Representatives Committee on Ways and Means, Subcommittee on Oversight that "the complaints we have received about racial prejudice in selecting passengers for searches are very disturbing. It is certainly not Customs Service policy, and it will not be tolerated as Customs Service practice - anywhere." As a result of your Committee's concerns and travelers' allegations against Customs, the agency has taken a number of steps to address these issues. We appointed a Personal Search Review Commission (PSRC) in April 1999 to 'review the policies and procedures used by Customs to process passengers at our major international airports including personal search procedures. The PSRC has completed field visits to our international airports. I expect its report in the next few weeks. Customs also established the Passenger Data Analysis Team (PDAT) to review and analyze personal search data. In addition, Customs has improved the personal search data collection process by making specific input of data mandatory. Additional data is now collected from travelers subjected to a personal search. This data is reviewed weekly by management to ensure its integrity. Page 362 of 705 © 2009 Factiva, Inc. All rights reserved. In November 1999, the new Personal Search Handbook was issued and training was provided to all Customs Inspectors. Over 8,000 Customs Officers, including upper level management, supervisors, Canine Enforcement Officers, and Inspectors have received this training. The Personal Search handbook has now been distributed to all appropriate personnel. Customs is committed to its pursuit of narcotics smugglers while at the same time protecting our employees and treating the traveling public in a courteous and professional manner. I believe these new policy changes will guard individual rights while ensuring Customs can still meet its mission to intercept contraband at our Nation's borders. C. Counter-Terrorism Customs has established an in-house, multi-discipline Counter- Terrorism Working Group to coordinate Counter-Terrorism issues, to include training; task force participation; technology R&D; intelligence dissemination and other Counter-Terrorism related matters. We have provided training, in the areas of WMID and Antiterrorism/Aviation Security, to Inspectors, Canine Enforcement Officers and Special Agents designated with Counter-Terrorism responsibilities. Additional training in Anti/Counter-Terrorism is being added to the Basic Inspector course in Fiscal Year 2000 and Counter-Terrorism training is being developed for Special Agents. Actionable intelligence collection and dissemination continues to be an important function of Customs Counter-Terrorism program. Special Agents actively participate in FBI Joint Terrorism Task Forces throughout the United States and provide expertise in the areas of strategic and financial investigations. Special Agents and Intelligence Research Specialists have been assigned to the FBI and the CIA to coordinate Counter-Terrorism investigative and intelligence activities that have a nexus to Customs violations. D. Stolen Vehicles Customs also works jointly with the National Insurance Crime Bureau (NICB) and other law enforcement entities to detect stolen vehicles. There are five locations where NICI3 Agents are working on site with Customs Inspectors. Customs processes approximately 600,000 legally exported vehicles annually. NICB claims that over 200,000 stolen vehicles are exported from the United States each year as units or as parts. Customs uses an electronic system that conducts queries of Vehicle Identification Numbers to the National Crime Information Center (NCIC), NICB and other databases to detect stolen vehicles prior to Page 363 of 705 © 2009 Factiva, Inc. All rights reserved. exportation. In addition, the NICB Vehicle Export Program, a stand-alone online system, is being used by Inspectors to access vehicle history and assist with Vehicle Identification Numbers at 10 ports. During Fiscal Year 1999 Customs seized 1,343 outbound stolen vehicles with an estimated value of more than $16.5 million. E. Forced Child Labor The investigation of allegations of goods manufactured or produced with convict, forced or indentured labor, including forced or indentured child labor, is among the most difficult responsibilities of Customs. The investigations require special training, difficult negotiations with Foreign governments, and highly specialized intelligence. Special Agents who are part investigator and part diplomat, supported by highly specialized Intelligence Research Specialists. Special Agents must travel great distances and conduct investigations under trying physical, and political circumstances. Through Outreach Programs with foreign authorities, public advocacy groups, and other U.S. agencies and organizations, Customs has developed working relationships in an effort to identify products manufactured or produced with some form of proscribed labor that are imported into the United States. As an outcome of the greater scrutiny, Customs has issued five Detention Orders which, to date, have resulted in three detentions. Detention Orders delay the entry of goods into the United States, until the importer provides Customs with proof that the goods were not produced with forced labor. As the result of one of these Detention Orders, Customs discovered the organized smuggling of beedi cigarettes to avoid the Customs Duties and Federal Excise Tax on tobacco products. F. Tobacco Smuggling International cigarette smuggling has grown to a multi-billion dollar a year illegal enterprise linked to transnational organized crime and international terrorism. Profits from cigarette smuggling rival those of narcotic trafficking. The United States plays an important role as a source and transshipment country. Additionally, large sums of money related to cigarette smuggling flow through U.S. financial institutions. Customs has taken steps to disrupt and dismantle some of the smuggling networks in cooperation with foreign law enforcement officials. Customs is studying the dramatic increase of cigarette imports into the United States in the last two quarters of 1999. The increased scrutiny, directed at certain beedi cigarette imports from India, revealed the previously unknown smuggling of beedi cigarettes into the United States that has resulted in a loss of Customs duties and Federal Excise Tax. G. Intellectual Property Rights Page 364 of 705 © 2009 Factiva, Inc. All rights reserved. The enforcement of our Intellectual Property Rights (IPR) continues to be Customs priority. We recognize that IPR crime is a problem that is global in proportion, adversely affecting domestic and international business. The explosion of IPR crime is, in part-, the result of increased technological advances associated with computers and the Internet. Due to our border search authority, Customs has unique authority and qualifications in the fight against IPR come. During the last three fiscal years, Customs enforcement efforts have resulted in record breaking IPR seizures and significant investigative activity. Customs continues its concerted effort to detect and seize infringing merchandise entering the United States and to investigate those individuals and organizations involved in those illicit schemes. This mission is accomplished through the cooperation of various disciplines within Customs and with other domestic and foreign law enforcement. Customs, in coordination with the Department of Justice, has developed and begun limited operation of the multi-agency National Intellectual Property Rights Coordination Center. The Center will coordinate U.S. Government law enforcement activities involving IPR issues. The Center will integrate information and intelligence obtained from both domestic and international law enforcement, as well as, private industry pertaining to IPR crime. This information will be disseminated for appropriate investigative and tactical use. The Center will assist in the enhancement and further development of investigative, intelligence and interdiction capabilities. H. Textile Smuggling 'Customs has increased its efforts in combating the smuggling and illegal transshipment, to avoid quota restrictions, of textiles and wearing apparel. Worldwide, many violators continue to participate in the criminal transportation and importation of textiles and apparel goods into the United States. The textile production verification team is still the primary resource for Customs in identifying illegal textile transshipment. Many of Customs investigative field offices within the Office of Investigations concentrate on the smuggling of textiles via in-bond diversion. These offices have successfully infiltrated smuggling organizations with the use of undercover operations. These undercover operations have identified transnational criminal organizations that have smuggled hundreds of containers of textiles and other merchandise into the commerce of the United States. This activity has deprived the United States Government of customs duties and has violated the trade restrictions implemented through the quota and visa systems. Customs will continue to attack this problem through the use of undercover operations and other traditional investigative techniques. Page 365 of 705 © 2009 Factiva, Inc. All rights reserved. 1. Financial Investigations Customs is a leader in the Federal government's efforts to combat money laundering and it provides key support to the National Money Laundering Strategy. In order to target the money launderers and the systems they employ, Customs has been given a broad grant of authority in the conduct of international financial crime and money laundering investigations. This authority is primarily derived from the Bank Secrecy Act (BSA) and the Money Laundering Control Acts of 1986 and 1988. Customs has implemented an aggressive strategy to combat money laundering, and now dedicates in excess of 400 agents worldwide to money laundering investigations. Our approach involves interdiction efforts by Customs Inspectors, criminal investigations by Customs Special Agents, and in partnership with Treasury, FinCEN and others, the design and implementation of innovative regulatory interventions, such as the Geographic Targeting Order. These efforts against money laundering are not limited to drug related money laundering, but to the proceeds of all crime laundered in a variety of ways. During Fiscal Years 1998 and 1999, money laundering investigations conducted by Customs resulted in the arrest of over 2,100 violators and the seizure of more than $600 million. In achieving this success, Customs relies on a variety of enforcement tools to attack money launderers and the systems they use to launder their criminal proceeds. Asset Identification and Removal Groups In response to the threat and challenge of identifying criminal assets, Customs created Asset Identification and Removal Groups, or Al RGs, to target the assets of criminal organizations as early as possible. Currently, Customs has trained and equipped 21 AIRGs, composed of Special Agents, Auditors, and Forensic Accountants. Our AIRG team in South Florida traced the assets of a convicted marijuana smuggler who, for nearly 15 years, hid his assets through a myriad of nominee corporations, business dealings, and offshore bank accounts. Despite his best efforts, the AIRG was able to trace the profits of his drug trade. Last year, this convicted drug smuggler forfeited $50 million to Customs, the largest single Customs and Treasury Department monetary seizure. The Monroe County (Florida) Sheriffs Office provided substantial assistance to the investigation and based upon their contributions last year, Customs shared $25 million of the seized money with that department. As part of Customs critical role within the Treasury led Black Market Peso Exchange (BMPE) Working Page 366 of 705 © 2009 Factiva, Inc. All rights reserved. Group, these groups will be augmented this year to focus on the BIVIPE. There will also be a Suspicious Activity Review Unit within each group that will work to disseminate intelligence gathered from Suspicious Activity Reports and distribute the information to our field agents. Money Laundering Coordination Center The Customs Money Laundering Coordination Center, or MLCC, is now operational and will soon provide 24-hour deconfliction support to all Customs undercover financial investigations. By doing so, the MLCC acts as a safety mechanism so that all Customs undercover actions are tracked and coordinated in real time, thus ensuring that our numerous money laundering investigations do not conflict with one another and that undercover agents are not unknowingly pursuing the same target. The MLCC also analyzes information provided by these operations in order to more fully develop targets and expand investigations. We have invited all Federal law enforcement agencies that are conducting relevant investigations to participate in the MLCC. As outlined in the National Money Laundering Strategy, the Money Laundering Coordination Center is also the repository for all U.S. Government information relating to Black Market Peso Exchange. Information is gathered on money brokers, bank accounts, trade data and other targets. The information is analyzed by Customs to identify any targets, systems, and patters that are then sent to our field offices for further investigation. "Non-Narcotic Money Laundering The money laundering investigations conducted by Customs are not limited to organizations that launder drug proceeds. Customs has primary international jurisdiction involving violations of Title 18 USC 2314 which enables us to address money laundering outside of the context of drug trafficking. A number of initiatives are underway which are designed to target non-narcotic money laundering. For instance, our Numerically Integrated Profiling System (NIPS) has the ability to manipulate import/export and BSA data to determine anomalies, trends, patterns and suspicious activity. Customs participates in Project Colt, which is a joint Canadian-U.S. law enforcement initiative that targets telemarketers in Canada who prey upon elderly U.S. citizens in a lottery and advance fee scam. Since last June, Project Colt has seized and returned over $9 million to U.S. and Canadian victims. Customs also targets Prime Bank Note schemes and other investment schemes. For example, Operation Risky Business, conducted by our Tallahassee office focuses on a worldwide advance fee scheme that targeted U.S. businessmen. The total loss to U.S. victims in this case is in excess of $60 million. In Page 367 of 705 © 2009 Factiva, Inc. All rights reserved. Phoenix, Customs Agents developed an initiative targeting Prime Bank Instrument frauds that utilized foreign banks to launder and conceal funds from investors. Our agents have seized over $24 million from violators in that case. J. Bulk Cash Smuggling Customs continues to seize large amounts of bulk outbound cash at our airports, seaports, and land borders. Over the past four years, we have seized in excess of $233 million in cash that violators had attempted to smuggle out of the United States. International criminal organizations routinely collect sizeable amounts of cash derived from illegal activities and then attempt to smuggle the cash in large shipments out of the United States. Customs has discovered and seized bulk cash shipments in cars, boats, stereo equipment, and in hidden compartments. - 12 The amounts of money can be staggering. In Newark, New Jersey, Customs seized over $11 million in truck transmissions. In Miami, we seized $9 million hidden in stereo gear. Our agents, acting in conjunction with our undercover investigations, routinely find money stash houses that have hundreds of thousands of dollars bundled up and ready to be smuggled out of the country. Technology strengthens outbound inspection efforts, while facilitating normal border traffic flow. Nonintrusive technology and other equipment assist Customs Inspectors and Currency Canine Enforcement Officers in the search of cargo and conveyances at seaports, courier hubs, and on the Southern land border for undeclared currency. In Fiscal Year 2000, Customs was appropriated $2 million to purchase crucial additional equipment for our outbound interdiction efforts. This funding will provide seven mobile xray vans, three tool trucks, and three contraband detection kits. The equipment should in effect pay for itself within the first full year of operation. K. Foreign Drug Intelligence Collection In August 1999, Customs signed a Memorandum of Understanding with the Drug Enforcement Administration (DEA) granting Customs the authority to collect counterdrug intelligence overseas in support of the counterdrug mission of Customs. The requirement for Customs to be given the authority to collect counterdrug intelligence overseas was recognized by ONDCP in the White House Task Force on the Coordination of Counterdrug Intelligence Centers and Activities. This interagency task force carried out an exhaustive review of the national counterdrug intelligence architecture in 1998. Page 368 of 705 © 2009 Factiva, Inc. All rights reserved. In October 1999, Customs detailed a Special Agent and an Intelligence Analyst to Mexico for 90 days. This initial phase was largely exploratory and consisted of establishing contacts with DEA and appropriate personnel within the Embassy in Mexico City to assess how the Foreign Intelligence Collection (FIC) team could best accomplish the mission of collecting tactical drug intelligence. The FIC team will return to Mexico in mid-March for 30 days to conduct visits to Northern Mexico DEA Offices in Juarez, Monterrey, Hermosillo, and Tijuana to assess the availability of tactical intelligence. Customs is planning to send another FIC team to Ecuador during the April timeframe. L. Intelligence Collection and Analysis Teams/BCI Through the Border Coordination Initiative (BCI), we have continued our efforts to build a strong platform of cooperation with our counterpart agencies, the immigration and Naturalization Service (INS) and the U.S. Border Patrol (USBP), along the Southwest Border. 13 We now have full participation in the Intelligence Collection and Analysis Teams (ICATs) which were formed to create a seamless process of gathering tactical intelligence which can be used by all the participant agencies in their quest to interdict drugs, illegal aliens, and other contraband. M. International Affairs Customs develops partnerships with other U.S. government agencies, foreign governments, and private organizations for the purpose of improving trade and enforcement practices worldwide. Partnerships help to provide the funding that is needed to deliver critical assistance to foreign governments trying to improve the effectiveness of their border management agencies. Our most significant projects are those funded by the Department of State and/or the Agency for International Development. Some partnership arrangements, such as the Americas Counter-Smuggling Initiative (ACSI), involve Customs working jointly with foreign governments and the private sector toward shared goals. Efforts to improve international trade continue with cooperation from other government agencies and international organizations -specifically the Asia Pacific Economic Cooperation (APEC), World Trade Organization (WTO), World Customs Organization (WCO), and the Caribbean Customs Law Enforcement Council (CCLEC), to name a few. Customs works closely with these organizations to reduce procedural trade barriers and seek greater standardization, transparency, simplification and automation of trade Page 369 of 705 © 2009 Factiva, Inc. All rights reserved. practices. Additionally, the United States negotiates Customs Mutual Assistance Agreements with foreign customs administrations. These agreements provide a framework for mutual assistance to prevent and investigate any offense against the customs laws of either country. Customs also pursues its mission of protecting the borders of the Nation through international efforts. In cooperation with the Department of State and others, we attempt to strengthen the infrastructure of foreign customs administrations and police agencies so that there can be more effective barriers against narcotics and other dangerous contraband, which might otherwise reach the United States. More effective border control agencies in the nations with which we trade also lead to better enforcement of the rules of international trade; facilitation of that trade; and more stable and prosperous political and economic situations. During Fiscal Year 2000, Customs undertook an extensive program of integrity and anti-corruption awareness training in several regions of the world. This training is largely funded by the Department of State, Bureau for International Narcotics and Law Enforcement Affairs. The programs are being offered in Central America, Colombia, Haiti, South Asia, China, Nigeria, and Bulgaria. We - 14 seek to exchange ideas and information related to personnel practices, appropriate laws and regulations, codes of conduct, internal affairs operations, integrity awareness programs, etc., which will lead to more professional GUStOMS and police agencies. It is our hope that these cooperative engagements of foreign border control organizations will result in significant initiatives in the countries involved to increase the level of professionalism among officers required to interdict dangerous contraband, enforce the rules of trade, and increase the collections of customs revenue upon which many of these nations heavily depend. For almost a decade, Customs has provided technical assistance to other Customs and law enforcement agencies in Eastern Europe and the former Soviet Union to stem the flow of Weapons of Mass.Destruction (WMD) and their components. Using home-grown expertise and technical expertise from the Department of Energy, Customs has developed and implemented several programs to familiarize and train foreign law enforcement officers on the knowledge, techniques and skills needed to interdict and investigate the smuggling of chemical, biological, and nuclear components and delivery systems. Page 370 of 705 © 2009 Factiva, Inc. All rights reserved. Over the past three years, Customs implemented, with the Department of Defense, Counterproliferation Training Program throughout Eastern Europe and the newly Independent States of the former Soviet Union. The program has three elements: training, equipment, and short-term technical advisors. Training is mostly done overseas in the host country, in their working environment. Most of the training is accompanied by equipment. The equipment can be categorized as either time tested low-tech items, such as hammers, drills and flashlights, or newer high-tech items, which would include handheld radiation detection systems, fiber optic scopes and density meters. One training course known as RADACAD, short for Radiation Academy, is taught by Customs and experts from the Department of Energy's Pacific Northwest National Lab on the Hanford Nuclear Reservation in Washington State. RADACAD is the only law enforcement training class that allows students to work with special nuclear materials. The third elements of the program are short-term technical advisors. These advisors are most instrumental in implementing the training techniques and equipment delivered under the program. In addition, they try to work with foreign law enforcement agencies to develop better legal, managerial and physical border security infrastructures. We have already seen successes with this program. One example is a situation where former students of the program seized special nuclear materials. We believe that if we can familiarize foreign law enforcement officials with the threat and how to contain it, we will end up making the United States, and the world, a safer place to live. 15 VI. RECENT ACCOMPLISHMENTS Anti/Counter-Terrorism The prevention of terrorist threats at our borders is a cornerstone of Customs responsibilities. Our mission in combating international terrorism is twofold: protect the American public from Weapons of Mass Destruction (WMD) and other instruments of terror, and prevent international terrorists from obtaining WMD materials and technologies, arms, funds, and other material support from U.S. and foreign sources. The importance of this mission was illustrated during the period of "Heightened Alert" over the 1999-2000 holiday season. In December 1999, Customs apprehended a suspected terrorist, Ahmed Ressam, in Port Angeles, Washington. Ressam was transporting hazardous materials, including timing devices and other bomb making components. Page 371 of 705 © 2009 Factiva, Inc. All rights reserved. Customs subsequently articulated a new alert plan for any future threats of this nature. The plan outlines four alert levels, each of which carries a specific set of instructions for field managers to implement once that alert is activated. These actions are designed to ensure an appropriate response to the threat at hand while also facilitating the movement of normal border traffic flows. Internal Conspiracies The drug smugglers that we combat continue to adapt to our counter smuggling methods. One of their increasingly common techniques is the use of "internal conspiracies." Internal conspiracies rely on workers within a company, industry, or port to introduce drugs into otherwise legitimate cargo or conveyances. Customs "Operation Overlord" focused its investigations on just such an internal conspiracy at Miami International Airport in August 1999. In cooperation with other law enforcement agencies, Customs was able to uncover internal conspiracies at several major airlines and ground service companies. The investigation culminated with the arrest of more than 58 subjects, including three law enforcement officers. During the course of our investigation we seized 691 pounds of cocaine and 17 pounds of heroin. These seizures were in addition to the "sham" drugs that conspirators moved on behalf of undercover agents during the course of the investigation. In addition to highlighting the relative ease with which smugglers can introduce drugs into the commercial aviation environment, 'Operation Overlord' also highlighted serious deficiencies in overall security at U.S. airpqrts. Working with other law enforcement and regulatory agencies, Customs is trying to use the lessons learned from Operation Overlord to improve security at our airports. - 16 Internet Activities Customs mission also extends to the borderless world of cyberspace. With the evolution of the Information Age and the growth of the Internet, traditional enforcement methods are being bypassed by the more sophisticated criminal elements. The cyberspace environment provides criminals with a means to both coordinate and to conduct criminal activity anonymously. In addition, consumers increasingly order goods "online" from foreign locations. Most of these items will arrive in the U.S. in small packages and be processed by at least one of the 14 Customs International Mail facilities or several courier hub locations. In Fiscal Year 1999, the 220 personnel assigned to Page 372 of 705 © 2009 Factiva, Inc. All rights reserved. International Mail locations alone cleared more than 1 billion flat parcels, a figure that is sure to increase. The ease and volume with which people can order Foreign items makes it easier to obtain goods prohibited from import into the United States. The most recent example of this is in the area of illegal importation of prohibited pharmaceuticals. In 1999 Customs realized a significant increase in pharmaceutical seizures: from 2,139 seizures in 1998 to 9,725 seizures in 1999. Most of these seizures are attributed to the explosion of online pharmacies. An ever-increasing number of these pharmacies are located abroad, outside the jurisdiction of U.S. regulators and law enforcement officers. Many of these sites blatantly advertise the sale of prescription drugs without the need of a prescription. Among the most common drugs seized by Customs are valium, codeine, anabolic steroids, rohypnol (the so-called 'date rape' drug) and fenfleuramine (fen-phen). Coping with this problem will require a coordinated effort involving interdiction, investigation by the Customs CyberSmuggling Center and cooperation with foreign governments. Although foreign online pharmacies can be found on every continent, Thailand has emerged as one of the most prolific source countries. In June 1999, the Customs Attached in Bangkok initiated a special operation with Thai law enforcement agencies to target suspect pharmaceutical shipments to the U. S. During this operation, Thai authorities assisted in the identification of over 4,500 shipments to the U.S. and developed sufficient evidence to take enforcement action against the Thai companies. Customs CyberSmuggling Center agents provided technical assistance to the This. Search warrants were executed on 7 online pharmacies. In all, 22 suspects were arrested and more than 2.5 million pharmaceutical dosage units were seized. Records from one company indicate that 80 percent of the orders were destined to the U.S. The immediate impact of these raids was that exports of unlicensed pharmaceuticals to the United States were non-existent a month following the Thai enforcement action. 17 Child Pornography Between November 1998 and September 1999, Customs child pornography cases resulted in 436 convictions nationwide. The amount of child pornography on the Internet, the numerous incidents of enticement of children by adults for sexual purposes and the alarming rise in child sex tourism has prompted Customs agents to step up efforts to combat this menace. The Customs CyberSmuggling Center works closely with the National Center for Missing and Exploited children to process hundreds of child pornography leads every week. Cooperation with foreign law Page 373 of 705 © 2009 Factiva, Inc. All rights reserved. enforcement is vitally important due to the borderless nature of the Internet. Internet investigations require investigators to move quickly to capture evidence from Internet service providers necessary for successful prosecution. The informal and timely exchange of information between law enforcement officers around the world is a necessity. This cooperation has led to many successes. For example, as a result of a joint investigation with the German Federal police, the CyberSmuggling Center has referred 24 cases to field offices since October 1, 1999. Customs is currently involved in a joint child pomography/money laundering investigation with several other countries involving the distribution of child pornography. In addition, Customs is working closely with foreign law enforcement in Europe, Central America and Southeast Asia on child sex tourism investigations. In the first quarter of Fiscal Year 2000, approximately 1 00 Internet based investigations developed by Customs CyberSmuggling Center were referred to field offices along with hundreds of Internet leads to our foreign counterparts. We sent 1 01 leads to Canada alone. Customs strategic approach to combating cyber crimes also includes outreach and training initiatives. In the area of outreach, we have an aggressive public awareness program and spend a significant amount of time informing the public of potential dangers, especially to children, on the Internet. We are working to build a solid infrastructure to combat the shift to high tech crimes by purchasing and utilizing state of the art equipment and by bringing together the various expertise required for Internet-based investigations. We are developing a comprehensive training program for Customs agents and domestic law enforcement personnel as well as our foreign counterparts to improve these officers' skills in conducting Internet-based investigations. 18 VII. FY 2001 BUDGET REQUEST For FY 2001, Customs proposes a total program level of $2,368,207,000 and 17,544 Full Time Equivalents (FTE). Of this amount, $11 million will be reimbursed from the Treasury Forfeiture Fund. Excluding Treasury Forfeiture Fund proceeds in both FY 2000 and FY 2001, the FY 2001 budget represents an increase of 14.8 percent above the FY 2000 enacted discretionary level. In addition, the Administration has requested $210 million for ACE development to be offset by a proposed fee. Drug Investigations Initiative Page 374 of 705 $25 million, 107 FTE © 2009 Factiva, Inc. All rights reserved. Over the last several years, the wholesale price of imported illicit drugs, such as cocaine and heroin, have plummeted to record low levels. This is particularly alarming since research has shown that there is a direct correlation between consumption and price. Research has also shown that effective high-level enforcement (that is, enforcement above the "street" level) can raise prices, thereby reducing consumption. In an effort to address this disturbing trend, it is the intent of Customs to mount a comprehensive investigative effort to enhance high level enforcement by identifying and dismantling major drug smuggling organizations (DSOs). Successful dismantling of DSOs requires that Customs agents target the organization's operational cells (i.e., transportation, distribution and money laundering) and disrupt the interrelationship that exists between them. Customs does this by building an "investigative bridge" between border smuggling activity and the organization's command and control hierarchy located at inland U.S. cities. Special agents employ a variety of techniques to build the investigative bridge, including controlled deliveries, undercover operations, electronic and physical surveillance, and the cultivation of sources of information. However, effective employment of these techniques is labor-intensive and requires many investigative hours. If funded, 214 additional agents would be hired and strategically placed at both the border and inland command and control cities to conduct long-term, complex cases that would focus on the most significant DSOs. These investigative efforts will increase the return in enforcement results to include increased asset seizures and higher level arrests. If sustained, it is anticipated that these results will eventually translate into an increase in the risk bome by drug traffickers and force them to find alternative methods, raise their prices or curtail their trafficking operations. 19 Initiative $1 0 million, 49 FTE Narcotics Illicit Proceeds Strategy The majority of undeclared currency leaving the U.S. involves proceeds from narcotics trafficking activities. The ever-increasing volume of cross-border traffic means that Customs should conduct more examinations more effectively in order to keep up with the activities of the Drug Smuggling Organizations. Due to the already extensive demand placed on current personnel, outbound examinations are currently being conducted on a very limited basis. In FY 99, Customs seized more than $60.5 million in undeclared outbound currency, even with the limited number of human resources conducting outbound examinations. More than 71 percent of that currency was destined to drug trafficking countries. If funding is approved, Customs ability to seize illegal narcotics proceeds would increase substantially. Forced Child Labor Initiative Page 375 of 705 $5 million, 9 FTE © 2009 Factiva, Inc. All rights reserved. Customs is spearheading an initiative to prevent the importation of merchandise, manufactured or produced by Forced Child Labor, into the United States. In furtherance of this initiative, Customs investigates both historical and current allegations of Forced Child Labor through the deployment of investigative teams to suspect foreign manufacturing facilities, along with fostering better working relationships and cooperation with foreign law enforcement agencies. Additionally, Customs conducts intensive Outreach Programs and training for law enforcement agencies, manufacturers, producers and other government agencies in the countries that have been identified as having a significant number of allegations regarding Forced Child Labor. The funding will be used to: establish and staff two regional offices in countries from which a significant number of allegations of Forced Child Labor have originated; add an additional Special Agent position to the SCR/Hong Kong; add an additional Special Agent position at the Forced Child Labor Command Center and establish eight Special Agent positions in domestic cities where the importation of a high volume of goods, made by Forced Child Labor, has been identified. The establishment of the additional regional offices and Special Agent positions will result in an increase in pro-active investigations along with the exclusion of goods, identified as having been made with Forced Child Labor, from the United States. PDD 62 (Maj )r Events Security) $12.8 million, 5 FTE There is consensus among the national intelligence community of an increasing airborne or maritime terrorist threat, capable of delivering a conventional or unconventional (nuclear, biological or chemical) attack on specific, high visibility, national events. The United States Secret Service (USSS), which is charged with planning, designing and implementing security at major national events, does not have the aviation or marine resources necessary to defend against threats in these environments. 20 In order to carry out the direction set forth in Presidential Decision Directive (PDD) 62, the Customs Air and Marine Interdiction Division (AMID) will dedicate air resources in support of the USSS to enhance defenses against conventional and unconventional terrorist attacks at designated national special security events. The proposed concept is to provide dedicated Customs aviation resources in some of the following: enforcement of temporary flight restricted areas (air only), site and route surveys, surveillance, and tactical insertion/extraction of USSS sniper/assault teams. Customs proposes to establish a dedicated air branch to support the USSS mission as outlined in PDD 62. The branch would consist of two AS-350 helicopters, one King Air aircraft reassigned from a current Page 376 of 705 © 2009 Factiva, Inc. All rights reserved. AMID location; availability of 3 Black Hawk helicopters on 72 hour notice; funds for additional flight hours; facility lease costs; and additional staff for this branch. Enforcement Infrastructure $19.8 million, 0 FTE To operate safely and effectively, Customs air assets require special communication, surveillance, and automated data processing equipment to be installed on board or at ground support centers. Funds will support replacement of deteriorating and obsolete safety equipment, including infrared radar systems and surveillance equipment aboard current aircraft and original mission equipment at Customs Air and Marine Interdiction Coordination Center (AMICC). AMICC is the Nation's only radar command center, responsible for the tactical direction of Government law enforcement efforts aimed at intercepting drug smugglers entering the United States. Customs aircraft routinely and increasingly operate in airspace without benefit of control tower assistance. Often, this uncontrolled airspace overlies treacherous, mountainous terrain, requiring complex and demanding flight procedures. To dramatically increase the margin of safety for Customs aircraft and flight crews, funds will be provided to install traffic collision avoidance systems, with integrated ground proximity warning systems, into all Customs interdiction aircraft. The installation of these systems on board Customs aircraft will diminish Customs probability of suffering tragic accidents similar to those that occurred in the recent past to DoD and Department of Commerce personnel. Automation Modernization $338.4 million, 0 FTE Customs must modernize its infrastructure and its commercial processing system, the Automated Commercial System (ACS), if we are to keep pace with the rapidly changing global economy and its rapidly growing technological developments. These infrastructure upgrades will also provide the necessary backbone to further our efforts in anti counter-tourism, Internet enforcement, child pornography, and narcotics interdiction activities, just to name a few. With a more modem, efficient information technology infrastructure, our systems will be more efficient and respond more quickly, thus enabling our employees to work more effectively in meeting our mission critical 21 demands. Our modernization efforts will transform our technology infrastructure and systems, and the processes by which we develop and deliver technology to our customers. This $338 million request consists of: Page 377 of 705 © 2009 Factiva, Inc. All rights reserved. * $123 million for ACS life support - $67 million is in our base and an additional $56 million is requested for hardware, software, and data circuit upgrades required to minimize future ACS system brownouts. ACS is 16 years old and runs on an infrastructure just as old. Over the past year, ACS has experienced numerous 'brown-outs' due to antiquated infrastructure hardware and software. These brown-outs' result in delayed trade processing and revenue collection. * $21 0 million for ACE - $139 million for ACE software development and $71 million for infrastructure. To prepare for the transition from ACS to ACE, Customs has: - Developed a blueprint for ACE software development; - Developed an enterprise architecture; - Established process to move toward level 2 Capability Maturity Model (CMM) software development; - Enlisted the support of an independent contractor, MITRE, to partner with us in this effort; - Established the Customs Modernization Office and Governance Process; - Developed an investment management process; - Completed an acquisition strategy; and - Completed acquisition plan and source selection plan. $5.4 million for ITDS - these funds continue the base operations of the International Trade Data System (ITDS) which was transferred to Customs from the Department. VIII. USER FEES Automation Modernization Fee The Administration proposes to establish a fee to fund the development of the new trade system, ACE. The appropriated request includes $123 million to support the existing transaction-based system, ACS. Legislation will be transmitted to allow the Secretary to establish the fee. - 22 The recently completed cost-benefit analysis for conversion from ACS to ACE shows that modernizing Customs trade data processing system will provide significant benefits to both the Federal Government and private industry. The Administration believes the proposed fee appropriately captures some of the Page 378 of 705 © 2009 Factiva, Inc. All rights reserved. benefits that will accrue to private business from modernization, including a streamlined cargo entry process, account- based transactions, and a paperless process. The Administration believes that it is imperative to secure funding for this critical program. The Administration looks forward to working with the Congress on the fee to ensure that funding for this critical project is made available in Fiscal Year 2001. IX CONCLUSION This concludes my statement for the record. I appreciate the opportunity to appear before you today. I particularly want to express my appreciation to this Subcommittee for its tremendous support of Customs in the past and your continued interest and consideration of our Fiscal Year 2001 request. Your continuing support is essential to Customs ability to accomplish our mission to protect the Nation's borders and to reduce the flow of drugs into the United States. Again, thank you for your consideration of the U.S. Customs Service. I hope we can continue to count on your support during your deliberations of the Fiscal Year 2001 budget process. 23 Document cgt0000020010804dw3e001n8 Page 379 of 705 © 2009 Factiva, Inc. All rights reserved. Oceans are on the critical list Anne Platt McGinn 4,402 words 1 January 2000 USA Today (Magazine) UTDY 32 Volume 128, Issue 2656; ISSN: 0161-7389 English Copyright (c) 2000 Bell & Howell Information and Learning Company. All rights reserved. Copyright Society for Advancement of Education Jan 2000 The primary threats to the planet's seasoverfishing, habitat degradation, pollution, introduction of alien species, and climate change - are largely human induced. OCEANS FUNCTION as a source of food and fuel, a means of trade and commerce, and a base for cities and tourism. Worldwide, people obtain much of their animal protein from fish. Ocean-based deposits meet onefourth of the world's annual oil and gas needs, and more than half of world trade travels by ship. More important than these economic figures, however, is the fact that humans depend on oceans for life itself. Harboring a greater variety of animal body types (phyla) than terrestrial systems and supplying more than half of the planet's ecological goods and services, the oceans play a commanding role in the Earth's balance of life. Due to their large physical volume and density, oceans absorb, store. and transport vast quantities of heat, water, and nutrients. The oceans store about 1,000 times more heat than the atmosphere does. for example. Through processes such as evaporation and photosynthesis, marine systems and species help regulate the climate, maintain a livable atmosphere, convert solar energy into food. and break down natural wastes. The value of these "free- services far surpasses that of ocean-based industries. Coral reefs alone, for instance, are estimated to be worth $375,000,000,000 annually by providing fish, medicines, tourism revenues, and coastal protection for more than 100 countries. Despite the importance of healthy oceans to our economy and well-being, we have pushed the world's oceans perilously close to-and in some cases past-their natural limits. The warning signs are clear. The share of overexploited marine fish species jumped from almost none in 1950 to 35% in 1996, with an additional 25% nearing full exploitation. More than half of the world's coastlines and 60% of the coral reefs are threatened by human activities, including intensive coastal development, pollution, and Page 380 of 705 © 2009 Factiva, Inc. All rights reserved. overfishing, In January, 1998, as the United Nations was launching the Year of the Ocean. more than 1,600 marine scientists. fishery biologists. conservationists, and oceanographers from across the globe issued a joint statement entitled "Troubled Waters." They agreed that the most pressing threats to ocean health are human-induced, including species overexploitation, habitat degradation, pollution. introduction of alien species, and climate change. The impacts of these five threats are exacerbated by poorly planned commercial activities and coastal population growth. Yet. many people still consider the oceans as not only inexhaustible, but immune to human interference. Because scientists just recently have begun to piece together how ocean systems work. society has yet to appreciate-much less protect-the wealth of oceans in its entirety. Indeed, current courses of action are rapidly undermining this wealth. Nearly 1,000,000,000 people. predominantly in Asia, rely on fish for at least 30% of their animal protein supply. Most of these fish come from oceans, but with increasing frequency they are cultured on farms rather than captured in the wild. Aquaculture. based on the traditional Asian practice of raising fish in ponds, constitutes one of the fastestgrowing sectors in world food production. In addition to harvesting food from the sea. people have traditionally relied on oceans as a transportation route. Sea trade currently is dominated by multinational companies that are more influenced by the rise and fall of stock prices than by the fides and trade winds. Modern fishing trawlers, oil tankers, aircraft carriers, and container ships follow a path set by electronic beams, satellites, and computers. Society derives a substantial portion of energy and fuel from the sea-a trend that was virtually unthinkable a century ago. In an age of falling trade barriers and mounting pressures on land-based resources, new oceanbased industries such as tidal and thermal energy production promise to become even more vital to the workings of the world economy. Having increased sixfold between 1955 and 1995. the volume of international trade is expected to triple again by 2020, according to the U.S. National Oceanographic and Atmospheric Administration, and 90% of it is expected to move by ocean. In contrast to familiar fishing grounds and sea passageways, the depths of the ocean were long believed to be a vast wasteland that was inhospitable, if not completely devoid of life, Since the first deployment of submersibles in the 1930s and more advanced underwater acoustics and pressure chambers in the 1960s, scientific and commercial exploration has helped illuminate life in the deep sea and the geological history of the ancient ocean. Mining for sand, gravel, coral, and minerals (including sulfur and, most recently, petroleum) has taken place in shallow waters and continental shelves for decades, although offshore mining is severely restricted in some national waters. Page 381 of 705 © 2009 Factiva, Inc. All rights reserved. Isolated, but highly concentrated, deep-sea deposits of manganese, gold, nickel, and copper, first discovered in the late 1970s, continue to tempt investors. These valuable nodules have proved technologically difficult and expensive to extract. given the extreme pressures and depths of their location. An international compromise on the deep seabed mining provisions of the Law of the Sea in 1994 has opened the way to some mining in international waters, but it appears unlikely to lead to much as long as mineral prices remain low, demand is largely met from the land. and the cost of underwater operations remains prohibitively high. Perhaps more valuable than the mineral wealth in oceans are still-undiscovered living resources-new forms of life, potential medicines, and genetic material. For example, in 1997, medical researchers stumbled across a compound in dogfish that stops the spread of cancer by cutting off the blood supply to tumors. The promise of life-saving cures from marine species is gradually becoming a commercial reality for bioprospectors and pharmaceutical companies as anti-inflammatory and cancer drugs have been discovered and other leads are being pursued. Tinkering with the ocean for the sake of shortsighted commercial development, whether for mineral wealth or medicine. warrants close scrutiny, however. Given how little we know-a mere 1.5% of the deep sea has been explored, let alone adequately inventoried-any development could be potentially irreversible in these unique environments. Although seabed mining is subjected to some degree of international oversight, prospecting for living biological resources is completely unregulated. During the past 100 years, scientists who work both underwater and among marine fossils found high in mountains have shown that the tree of life has its evolutionary roots in the sea. For about 3,200,000.000 years, all life on Earth was marine. A complex and diverse food web slowly evolved from a fortuitous mix there of single-celled algae, bacteria, and several million trips around the sun. Life remained sea-bound until 245,000,000 years ago, when the atmosphere became oxygen-rich. Thanks to several billion years' worth of trial and error, the oceans today are home to a variety of species that have no descendants on land. Thirty-two out of 33 animal life forms are represented in marine habitats. (Only insects are missing.) Fifteen of these are exclusively marine phyla. including those of comb jellies, peanut worms. and starfish. Five phyla. including that of sponges. live predominantly in salt water. Although, on an individual basis, marine species count forjust nine percent of the 1,800,000 species described for the entire planet, there may be as many as 10.0I0.000 additional species in the sea that as yet have not been classified. In addition to hosting a vast array of biological diversity, the marine environment performs such vital functions as oxygen production, nutrient recycling, storm protection. and climate regulation-services that Page 382 of 705 © 2009 Factiva, Inc. All rights reserved. often are taken for granted. Marine biological activity is concentrated along the world's coastlines (where sunlit surface waters receive nutrients and sediments from land-based runoff, river deltas, and rainfall) and in upwelling systems (where cold, nutrient-rich, deep-water currents run up against continental margins). It provides 25% of the planet's primary biological productivity and an estimated 80-90% of the global commercial fish catch. It is estimated that coastal environments account for 38% of the goods and services provided by the Earth's ecosystems. while open oceans contribute an additional 25%. The value of all marine goods and services is estimated at 21 trillion dollars annually, 70% more than terrestrial systems come to. Oceans are vital to both the chemical and biological balance of life. The same mechanism that created the present atmospherephotosynthesis---continues to feed the marine food chain. Phytoplankton-tiny microscopic plants-take carbon dioxide (CO,,) from the atmosphere and convert it into oxygen and simple sugars, a form of carbon that can be consumed by marine animals. Other types of phytoplankton process nitrogen and sulfur, thereby helping the oceans function as a biological pump. Although most organic carbon is consumed in the marine food web and eventually returned to the atmosphere via respiration. the unused balance rains down to the deep waters that make up the bulk of the ocean, where it is stored temporarily. Over the course of millions of years, these deposits have accumulated to the point that most of the world's organic carbon, approximately 15,000.000 gigatons (a gigaton equals 1,000,000,000 tons), is sequestered in marine sediments. compared with 4.000 gigatons in land-based reserves. On an annual basis, about one-third of the world's carbon emissions-around two gigatons-is taken up by oceans, an amount roughly equal to the uptake by land-based resources. If deforestation continues to diminish the ability of forests to absorb carbon dioxide, oceans are expected to play a more important role in regulating the planet's C02 budget in the future as human-induced emissions keep rising. Perhaps no other example so vividly illustrates the connections between the oceans and the atmosphere than El Nino. Named after the Christ child because it usually appears in December, the El Nino Southern Oscillation takes place when trade winds and ocean surface currents in the eastern and central Pacific Ocean reverse direction. Scientists do not know what triggers the shift, but the aftermath is clear: Warm surface waters essentially pile up in the eastern Pacific and block deep, cold waters from upwelling, while a low pressure system hovers over South America, collecting heat and moisture that would otherwise be distributed at sea. This produces severe weather conditions in many parts of the world-increased precipitation, heavy flooding, drought, fire, and deep freezes-which, in turn, have enormous economic impact. During the 1997-98 El Nino, for instance, Argentina lost more than $3,000,000,000 in agricultural products due to these ocean-climate reactions, and Peru reported a 90% drop in anchovy harvests compared with the previous year. Page 383 of 705 © 2009 Factiva, Inc. All rights reserved. A sea of problems As noted earlier, the primary threats to oceans are largely human-induced and synergistic. Fishing, for example, has drastically altered the marine food web and underwater habitat areas. Meanwhile, the ocean's front line of defense-the coastal zone-is crumbling from years of degradation and fragmentation, while its waters have been treated as a waste receptacle for generations. The combination of overexploitation, the loss of buffer areas, and a rising tide of pollution has suffocated marine life and the livelihoods based on it in some areas. Upsetting the marine ecosystem in these ways has, in turn, given the upper hand to invasive species and changes in climate. Overfishing poses a serious biological threat to ocean health. The resulting reductions in the genetic diversity of the spawning populations make it more difficult for the species to adapt to future environmental changes. The orange roughy, for instance, may have been fished down to the point where future recovery is impossible. Moreover, declines in one species can alter predator-prey relations and leave ecosystems vulnerable to invasive species. The overharvesting of triggerfish and pufferfish for souvenirs on coral reefs in the Caribbean has sapped the health of the entire reef chain. As these fish declined, populations of their prey-sea urchins-exploded, damaging the coral by grazing on the protective layers of algae and hurting the local reef-diving industry. These trends have enormous social consequences as well, The welfare of more than 200,000,000 people around the world who depend on fishing for their income and food security is severely threatened. As the fish disappear, so do the coastal Communities that depend on fishing for their way of life. Subsistence and small-scale fishers, who catch nearly half of the world's fish. suffer the greatest losses as they cannot afford to compete with large-scale vessels or changing technology. Furthermore, the health of more than 1,000,000,000 poor consumers who depend on minimal quantities of fish to constitute their diets is at risk as an ever-growing share of fish-83% by value-continues to be exported to industrial countries each year. Despite a steadily growing human appetite for fish, large quantities are wasted each year because the fish are undersized or a nonmarketable sex or species, or because a fisher does not have a permit to catch them and must therefore throw them out. The United Nations' Food and Agricultural Organization estimates that discards of fish alone-not counting marine mammals. seabirds, and turtles-total 20,000,000 tons, equivalent to one-fourth of the annual marine catch. Many of these fish do not survive the process of getting entangled in gear, being brought on board, and then tossed back to sea. Another threat to habitat areas stems from trawling, with nets and chains dragged across vast areas of mud, rocks, gravel, and sand, essentially sweeping everything in the vicinity. By recent estimates, all the Page 384 of 705 © 2009 Factiva, Inc. All rights reserved. ocean's continental shelves are trawled by fishers at least once every two years, with some areas hit several times a season. Considered a major cause of habitat degradation, trawling disturbs bottomdwelling communities as well as localized species diversity and food supplies. The conditions that make coastal areas so productive for fish-proximity to nutrient flows and tidal mixing and their place at the crossroads between land and water-also make them vulnerable to human assault. Today, nearly 40% of the world lives within 60 miles of a coastline. As more people move to coastal areas and further stress the seams between land and sea, coastal ecosystems are losing ground. Human activities on land cause a large portion of offshore contamination. An estimated 44% of marine pollution comes from land-based pathways, flowing down rivers into tidal estuaries, where it bleeds out to sea-, an additional 33% is airborne pollution that is carried by winds and deposited far off shore. From nutrient-rich sediments, fertilizers, and human waste to toxic heavy metals and synthetic chemicals, the outfall from human society ends up circulating in the fluid and turbulent seas. Excessive nutrient loading has left some coastal systems looking visibly sick. Seen from an airplane, the surface waters of Mani[a Bay in the Philippines resemble green soup due to dense cat-pets of algae. Nitrogen and phosphorus are necessary for life and, in limited quantities. can help boost plant productivity, but too much of a good thing can be bad. Excessive nutrients build up and create conditions that are conducive to outbreaks of dense algae blooms, also known as ..red tides." The blooms block sunlight, absorb dissolved oxygen, and disrupt food-web dynamics. Large portions of the Gulf of Mexico are now considered a biological "dead zone" due to algal blooms. The frequency and severity of red tides has increased in the past couple of decades. Some experts link the recent outbreaks to increasing loads of nitrogen and phosphorus from nutrient-rich wastewater and agricultural runoff in poorly flushed waters. Organochlorines, a fairly recent addition to the marine environment, are proving to have pernicious effects. Synthetic organic compounds such as chlordane, DDT. and PCBs are used for everything from electrical wiring to pesticides. Indeed, one reason they are so difficult to control is that they are ubiquitous. The organic form of tin (tributyltin), for example, is used in most of the world's marine paints to keep barnacles, seaweed, and other organisms from clinging to ships. Once the paint is dissolved in the water, it accumulates in mollusks, scallops, and rock crabs, which are consumed by fish and marine mammals. As part of a larger group of chemicals known collectively as persistent organic pollutants (POPs), these compounds are difficult to control because they do not degrade easily. Highly volatile in warm temperatures, POPs tend to circulate toward colder environments where the conditions are more stable, Page 385 of 705 © 2009 Factiva, Inc. All rights reserved. such as the Arctic Circle. Moreover. they do not dissolve in water, but are lipid-soluble, meaning that they accumulate in the fat tissues of fish that are then consumed by predators at a more concentrated level. POPs have been implicated in a wide range of animal and human health problems-from suppression of immune systems, leading to higher risk of illness and infection, to disruption of the endocrine system, which is linked to birth defects and infertility. Their continued use in many parts of the world poses a threat to marine life and fish consumers everywhere. Because marine species are extremely sensitive to fluctuations in temperature. changes in climate and atmospheric conditions pose high risks to them. Recent evidence shows that the thinning ozone layer above Antarctica has allowed more ultraviolet-B radiation to penetrate,the waters. This has affected photosynthesis and the growth of phytoplankton and macroalgae. The effects are not limited to the base of the food chain. By striking aquatic species during their most vulnerable stages of life and reducing their food supply at the same time, increases in UV-B could have devastating impacts on world fisheries production. Because higher temperatures cause water to expand, a warming world may trigger more frequent and damaging storms. Ironically, the coastal barriers, seawalls, jetties, and levees that are designed to protect human settlements front storm surges likely exacerbate the problem of coastal erosion and instability, as they create deeper inshore troughs that boost wave intensity and sustain winds. Depending on the rate and extent of warming, global sea levels may rise as much as three feet by 2100-up to five times as much as during the last century. Such a rise would flood most of New York City, includin- the entire subway system and all three major airports. Economic damages and losses could cost the global economy as much as $970,000,000,000 in 2100, according to the Organisation for Economic Co-operation and Development. The human costs would be unimaginable, especially in the low-lying, densely populated river deltas of Bangladesh, China, Egypt, and Nigeria. These damages could be just the tip of the iceberg. Wan-ner temperatures would likely accelerate polar ice cap melting and could boost this rising wave by several feet. Just four years after a large portion of Antarctica melted, another large ice sheet fell off into the Southern Sea in February, 1998, rekindling fears that global warming could ignite a massive thaw that would flood coastal areas worldwide. Because oceans play such a vital role in regulating the Earth's climate and maintaining a healthy planet, minor changes in ocean circulation or in its temperature or chemical balance could have repercussions many orders of magnitude larger than the sum of human-induced wounds. While understanding past climatic fluctuations and predicting future developments are an ongoing challenge for scientists, there is clear and growing evidence of the overuseindeed abuse-that many Page 386 of 705 © 2009 Factiva, Inc. All rights reserved. marine ecosystems and species are suffering from direct human actions. The situation is probably much worse, for many sources of danger are still unknown or poorly monitored. The need to take preventive and decisive action on behalf of oceans is more important than ever. Saving the oceans Scientists' calls for precaution and protective measures are largely ignored by policymakers, who focus on enhancing commerce, trade, and market supply and look to extract as much from the sea as possible, with little regard for the effects on marine species or habitats. Overcoming the interest groups that favor the status quo will require engaging all potential stakeholders and reformulating the governance equation to incorporate the stewardship obligations that come with the privilege of use. Fortunately for the planet, a new sea ethic is emerging. From tighter dumping regulations to recent international agreements, policymakers have made initial progress toward the goal of cleaning up humans' act. Still, much more is needed in the way of public education to build political support for marine conservation. To boost ongoing efforts, two key principles are important. First, any dividing up of the waters should be based on equity, fairness, and need as determined by dependence on the resource and the best available scientific knowledge, not simply on economic might and political pressure. In a similar vein, resource users should be responsible for their actions, with decisionmaking and accountability shared by stakeholders and government officials. Second. given the uncertainty in scientific knowledge and management capabilities, it is necessary to err on the side of caution and take a precautionary approach. Replanting mangroves and constructing artificial reefs are two concrete steps that help some fish stocks rebound quickly while letting people witness firsthand the results of their labors. Once they see the immediate payoff of their work, they are more likely to stay involved in longer-term protection efforts, such as marine sanctuaries, which involve removing an area from use entirely. Marine protected areas are an important too] to help marine scientists and resource planners incorporate an ecologically based approach to oceans protection. By limiting accessibility and easing pressures on the resource, these areas allow stocks to rebound and profits to return. Globally, more than 1,300 marine and coastal sites have some form of protection, but most lack effective on-the-ground management. Meanwhile, efforts to establish marine refuges and parks tag far behind similar efforts on land. The World Heritage Convention, which identifies and protects areas of special significance to mankind, identifies just 31 sites that include either a marine or a coastal component, out of a total of 522. John Waugh, Senior Program Officer of the World Conservation Union-U.S., and others argue that the World Heritage List Page 387 of 705 © 2009 Factiva, Inc. All rights reserved. could be extended to a number of marine hotspots and should include representative areas of the continental shelf, the deep sea, and the open ocean. Setting these and other areas aside as off-limits to commercial development can help advance scientific understanding of marine systems and provide refuge for threatened species. To address the need for better data, coral reef scientists have enlisted the help of recreational scuba divers. Sport divers who volunteer to collect data are given basic training to identify and survey fish and coral species and conduct rudimentary site assessments. The data then are compiled and put into a global inventory that policymakers use to monitor trends and to target intervention. More efforts like these-that engage the help of concerned individuals and volunteers---could help overcome funding and data deficiencies and build greater public awareness of the problems plaguing the world's oceans. Promoting sustainable ocean use also means shifting demand away from environmentally damaging products and extraction techniques. To this end. market forces, such as charging consumers more for particular fish and introducing industry codes of conduct. can be helpful. In April, 1996, the World Wide Fund for Nature teamed up with one of the world's largest manufacturers of seafood products, AngloDutch Unilever, to create economic incentives for sustainable fishing. Implemented through an independent Marine Stewardship Council, fisheries products that are harvested in a sustainable manner will qualify for an ecolabel. Similar effoils could help convince industries to curb wasteful practices and generate greater consumer awareness of the need to choose products carefully. Away from public oversight, companies engaged in shipping, oil and gas extraction, deep-sea mining, bioprospecting, and tidal and thermal energy represent a coalition of special interests whose activities help determine the fate of the oceans. It is crucial to get representatives of these industries engaged in implementing a new ocean charter that supports sustainable use. Their practices not only affect the health of oceans. they help decide the pace of a transition toward a more sustainable energy economy, which, in turn, affects the balance between climate and oceans. Making trade data and industry information publicly available is an important way to build industry credibility and ensure some degree of public oversight. While regulations are an important component of environmental protection, pressure from consumers, watchdog groups, and conscientious business leaders can help develop voluntary codes of action and standard industry practices that can move industrial sectors toward cleaner and greener operations. Economic incentives targeted to particular industries, such as lowinterest loans for thermal projects, can aid companies in making a quicker transition to sustainable practices. The fact that oceans are so central to the global economy and to human and planetary health may be the strongest motivation for protective action. Although the range of assaults and threats to ocean health are Page 388 of 705 © 2009 Factiva, Inc. All rights reserved. broad, the benefits that oceans provide are invaluable and shared by all. These huge bodies of water represent an enormous opportunity to forge a new system of cooperative, international governance based on shared resources and common interests. Achieving these far-reaching goals, however. begins with the technically simple, but politically daunting, task of overcoming several thousand years' worth of ingrained behavior. It requires seeing oceans not as an economic frontier for exploitation, but as a scientific frontier for exploration and a biological frontier for careful use. For generations, oceans have drawn people to their shores for a glimpse of the horizon, a sense of scale, and awe at nature's might. Today, oceans offer careful observers a different kind of awe-a warning that humans' impacts on the Earth are exceeding natural bounds and in danger of disrupting life. Protection efforts already lag far behind what is needed. How humans choose to react will determine the future of the planet. Oceans are not simply one more system under pressure-they are critical to man's survival. As Carl Safina writes in The Song for the Blue Ocean, "we need the oceans more than they need us." Anne Platt McGinn is a senior researcher Worldwatch Institute, Washington, D. C. Document utdy000020010813dw110000s Page 389 of 705 © 2009 Factiva, Inc. All rights reserved. HOUSE INTERNATIONAL RELATIONS SUBCOMMITTEE ON INTERNATIONAL OPERATIONS AND HUMAN RIGHTS HOLDS HEARING ON CHINA, WTO, AND HUMAN RIGHTS 20,648 words 6 December 1999 Political Transcripts by Federal Document Clearing House CHTS English (c) 1999 by Federal Document Clearing House, Inc. SPEAKERS: U.S. REPRESENTATIVE CHRISTOPHER H. SMITH (R-NJ), CHAIRMAN U.S. REPRESENTATIVE WILLIAM F. GOODLING (R-PA) U.S. REPRESENTATIVE HENRY J. HYDE (R-IL) U.S. REPRESENTATIVE THOMAS GERARD TANCREDO (R-CO) U.S. REPRESENTATIVE DAN BURTON (R-IN) U.S. REPRESENTATIVE CASS BALLENGER (R-IC) U.S. REPRESENTATIVE PETER T. KING (R-NY0 U.S. REPRESENTATIVE MATT SALMON (R-AZ) U.S. REPRESENTATIVE CYNTHIA A. MCKINNEY (D-GA), RANKING U.S. REPRESENTATIVE ENI F.H. FALEOMAVAEGA (DEL-AS) U.S. REPRESENTATIVE EARL HILLARD (D-AL) U.S. REPRESENTATIVE BRAD SHERMAN (D-CA) U.S. REPRESENTATIVE WILLIAM DELAHUNT (D-MA) U.S. REPRESENTATIVE GREGORY W. MEEKS (DNY) LORI WALLACH, PRESIDENT, GLOBAL TRADE WATCH STEPHEN RICKARD, AMNESTY INTERNATIONAL CHARLIE WOWKANECH, PRESIDENT OF THE NEW JERSEY AFL-CIO HARRY HONGDA WU, HUMAN RIGHTS ACTIVIST AND FORMER PRISONER IN THE CHINESE LOAGAI SYSTEM MARY BETH MARKEY, INTERNATIONAL CAMPAIGN FOR TIBET SMITH: The subcommittee will come to order. Good afternoon. The unrest in the streets of Seattle suddenly focused the world's attention on the activities of the World Trade Organization. The protests raised many important questions about the way the WTO conducts its affairs and the nature of economic globalization. At a time when so many of the premises of the World Trade Organization are being reexamined, it is particularly appropriate that the Congress examine the potential impact that WTO membership might have on one of the world's fastest growing trade partners and most egregious violators of fundamental human rights, the Peoples Republic of China. Page 390 of 705 © 2009 Factiva, Inc. All rights reserved. For the past several years, the Beijing regime has made accession to the WTO a top priority hoping to gain permanent MFN status from other WTO members, most notably from the United States. On November 15th the possibility of China's accession became more likely when the Clinton administration and the PRC officials announced, with smiles and champagne, that the two countries had reached a bilateral trade agreement. I, for one, saw no reason to cheer. The question before this subcommittee and the Congress is whether at this moment in history bringing the PRC into a permanent and more privileged trading relationship with the United States and other WTO members will make it act more humanely towards its own people. Sadly, in this year of so-called progress towards PRC accession to the WTO has also been another year of significant regression for human rights in China. In quarterly reports tracking the seven human rights policy goals that President Clinton publicly announced before his 1998 trip to Beijing, Amnesty International found a complete lack of improvement in all categories. Amnesty rated Beijing in all seven areas and gave the regime seven F's. Here are the specifics. Release of all prisoners of conscience and Tiananmen Square prisoners: total failure, regression. Review of all counter revolutionary prison terms: total failure, no progress. Allow religious freedom: total failure, no progress. Prevent coercive family planning and harvesting of organs: no progress. Fully implement pledges on human rights treaties: no progress. Review the reeducation through labor system: total failure, no progress. End police and prison brutality: again, total failure, no progress. The communist government of the PRC blatantly and systematically violates basic human rights on a massive scale. It does not allow significant political dissent. It continues to repress the China Democracy Party, who's representatives appeared before us at a hearing earlier this year. As of October, some 30 CDP leaders remained in government custody, some of them having received stiff sentences of up to 13 years for their pro-democracy activities. According to the State Department, the PRC, and I quote, "continues to restrict tightly worker rights and forced labor remains a problem," close quote. The department's latest country reports on human rights practices in China states that, and I quote again, "Independent trade unions remain illegal within China. The government has attempted to stamp out illegal and that is independent union activity," close quote. The administration also admits that Beijing's compliance with the U.S.-China Memorandum of Understanding, or MOU, on prison made goods has been inadequate in all the cases, they write, of U.S. inspection requests in 1998. The Ministry of Justice refused the request, ignored it, or simply denied the Page 391 of 705 © 2009 Factiva, Inc. All rights reserved. allegations made, without further elaboration. In addition, poor enforcement of occupational safety and health regulations continues to put workers lives at risk. The deplorable state of worker's rights in the PRC not only means that Chinese men, women and children in the work force are exploited and put at risk, but also that U.S. workers are severely hurt as well by profoundly unfair advantages that go to those competitors, to those corporations who benefit from these heinous labor practices. Human rights abuses abroad have a direct consequence of robbing Americans of their jobs and their livelihoods right here at home. As we will hear today from Charlie Wowkanech, the president of the New Jersey state AFL/CIO, and I quote him, "Chinese economic policy depends on maintenance of a strategy of aggressive exploits and carefully restricted access to its home market. The systematic violation of internationally recognized worker's rights is a strategically necessary component of that policy. Chinese labor activists are regularly jailed," he writes, "or imprisoned in reeducation camps for advocating free and independent trade unions; for protesting corruption and embezzlement; for insisting that they be paid the wages that they are owed and for talking to journalists about working conditions in China. "In January of 1999, police attacked a group of retired factory workers in Wuhan who were protesting unpaid wages and pensions. Many of the retirees were beaten," close quote. The PRC also imprisons religious leaders ranging from the ten-year old Pachen Lama to the elderly Catholic bishop Su, Baoding Province. It summarily executes political and religious prisoners in Xinjiang, Uygur Autonomous Region. It harvests and sells the internal organs of executed prisoners. It forces women who have unauthorized pregnancies to abort their children and to submit to sterilization. It continues to brutalize the indigenous peoples of Tibet and Xinjiang. It uses slave labor to manufacture products for export. The most obvious deterioration in the system in China has been the Chinese government's massive crackdown of Falun Gong, a non-violent, meditative, spiritual practice with millions of adherents in China and elsewhere. Since the group was banned in July of this year, thousands of ordinary citizens from all over China have been jailed for refusing to give up their practice of Falun Gong. There have been many credible reports of torture and inhumane treatment of detained practitioners, including a report that a 42- year-old women was tortured by the Chinese government to death. Numerous practitioners have been sentenced to labor camps without trial. And thousands have lost their jobs or been expelled from schools. In hearings closed to the public adherents have been sentenced to up to a dozen years in prison for using, as they say, an evil cult to obstruct the law. The Beijing regime Page 392 of 705 © 2009 Factiva, Inc. All rights reserved. has publicly declared its intention to, quote, "smash" Falun Gong. The other failure of the administration's current policy of constructive engagement of China should come as no surprise. While the rulers of the Chinese Communist Party may be ruthless and despotic, they're not stupid. If there are no costs associated with brutality that keeps them in power, they have no incentive to become less brutal. In fact, they will become bolder, as they have. China has suspended its human rights dialog, for example, with the United States. Recently the Chinese Ministry of Foreign Affairs has even stopped accepting diplomatic protests from the United States regarding human rights issues. According to yesterday's Washington Post, and I quote, "The State Department must now issue the protests in Washington, a significant change in diplomatic protocol." According to many accounts, if China were to accede to the World Trade Organization, the U.S. would be required to either grant Beijing permanent MFN status or to lose the benefits of WTO agreements with China. As it stands today, China's most favored nation status -- trading status with the U.S. is reviewed, as we know, annually. Although that status has been renewed in recent years by presidential waivers of the Jackson-Vanik freedom of immigration requirement, the annual debate and the possibility of MFN revocation are arguably the most important levers the U.S. still has to influence the human rights situation in China. Surrendering that leverage to Beijing would send exactly the wrong message at the wrong time. Of course, when you begin talking about conditions --conditioning trade and economic benefits on basic respect for human rights, we provoke the predictable litany of responses from business interests. Sanctions don't work. Unilateral actions are counter-productive, and so on. But when big business and the Clinton administration really want to change Beijing's conduct, such as in an effort to get China to respect international copyrights or intellectual property rights, what do they do? They use the credible and imminent threat of economic sanctions. The very same sanctions they say would be counterproductive as a means of promoting political and religious rights and freedom in China. On at least three occasions since 1991, the U.S. trade representative has threatened to impose billions of dollars in sanctions to vindicate U.S. intellectual property interests. In each of those cases, when faced with sanctions, the Chinese government changed its behavior. The WTO dispute settlement, moreover, relies on the same kinds of sanctions as the primary mechanism to enforce the WTO agreements. Under article 222 of the WTO's understanding on rules and procedures governing the settlement of disputes, the final move of vindicating claim against a non-compliant member, is the imposition of unilateral retaliatory sanctions by any other nation that may choose to impose such sanctions. Page 393 of 705 © 2009 Factiva, Inc. All rights reserved. By their actions, big business and the Clinton administration show their faith in sanctions. By their reactions, Chinese leaders show the effectiveness of sanctions as well. Thus the question before us is not can sanctions -- economic sanctions work? It is, why do we use sanctions to protect software but not human life? To protect musical recordings, but not the rights of religious believers, or worker's rights, or political prisoners? To stop -- but we will do it to stop movie piracy, but we won't do it to stop torture. I have yet to hear a real answer to that question. And I have posed that time and time again to administration witnesses and others who have come before our committee and before the full committee. Unless someone can give me another plausible explanation, I must reluctantly conclude that some business interests and U.S. officials understand full well that sanctions and the threat of sanctions can do work to change the conduct of the PRC and similar governments. But they also know that sanctions may be subject to the law of diminishing returns. For example, if a certain punitive tariff were already in effect because of egregious human rights violations, then it would no longer be useful to threaten the same punishment in order to vindicate intellectual property rights. Big business would prefer to conserve the limited resource of trade leverage for their own uses. And the rules of the WTO attempt to turn this preference into international law. The selected use of rhetoric denouncing unilateral sanctions hides an implicit prioritization of profits above fundamental human rights. And that is wrong. We must not abandon the American ideals of freedom and democracy for the sake of marginally cheaper consumer goods and access to cheap labor. We must condition expanded trade relations upon at least minimal respect for fundamental human rights. American interests and American values demand no less. I'd like to yield to my good friend from California, Mr. Rohrabacher, for any opening comments he might have. ROHRABACHER: Thank you very much. And I certainly want to associate myself very closely with the remarks that you just made. And I appreciate you calling this hearing in order to put the demonstrations that took place up in Seattle in a perspective. Obviously this -- what's going on in our country is not a left-right conflict when you have the two of us siding with some of the demonstrators that were making their feelings very well known in the streets of Seattle. The WTO is an organization which it seems the business community wants to invest a lot of authority in because the business community feels that they are in control and will be in control of the decisions of the Page 394 of 705 © 2009 Factiva, Inc. All rights reserved. WTO. And that's that. I certainly do not -- I am someone who believes in not -- that centralized authority and centralized decision making is contrary to American tradition. And contrary to, certainly, the beliefs that I hold dear of trying to let people at the lowest level of government make the decisions that are important for them, as well as -- right up -- right up and down the line. At least everybody's involved with the decision making. From what I see, the WTO is not, N-O-T, not going to be a democratic institution. And where are all the elections that are going to be determining the WTO and the decisions and reaffirming the decisions that are made there? It is somewhat, you know -- it is totally contradictory to me for an American citizen to want to give up this type of authority. Especially when what we're really talking about is the legal use of economic pressure. And are we going to indeed invest all of the power to exert economic pressure and force on nations into a world organization. And if we are indeed going to do that, why are we permitting the Communist Chinese to become part of that organization? That makes a mockery out of the United Nations to have the world's worst human rights abuser have a veto power in the Security Council of the United Nations. It's a mockery. I mean, it's -- what can you do for the cause of human liberty when you've got the world's worst human rights abuser with veto power? And here we have people in the West, especially in the United States of America, literally begging the Communist Chinese to get involved with what would be considered an international chamber of commerce. What do you want the local gangster to become involved in the chamber of commerce for? What is that all about? Well it's all about that they've got some businessmen who may know how to run their own business, but don't have much sense and certainly have no loyalty to the values that we Americans hold dear when it comes to liberty and justice -- justice and human decency. They're to make a profit. Well that's what business is supposed to be for, making a profit. And we'll listen to them about making a profit. But the heck if we're going to let them make our decisions about what the moral values and the moral standards and the standards of liberty and justice will be for the United States of America. That's left up to the people of this country. And we're not going to vest that power in a World Trade Organization that will tell the people of Boston, or the people of some community that they can't boycott Burma or some other country because of horrible human rights abuses that are going on in that country. You know, we -- we as Americans believe that people have a right to exercise decision-making. That's Page 395 of 705 © 2009 Factiva, Inc. All rights reserved. why people threw the tea in Boston Harbor, that's what that was all about. ROHRABACHER: And I don't want to set up a scenario where we have the Communist Chinese and the Burmese and the Nigerians and the people from Sudan, who run the Sudan, and other countries like that, dominating a World Trade Organization that we have vested with power and authority, because our businessmen have pushed us into that policy, and then find out that these other countries end up calling the shots ten years down the road. Well that's exactly the direction this will go, mark my words. If we let this happen, we will have people who hate everything the United States stands for, people who despise us, people who have no concept of human rights in their own country, people who despise democracy and think of it as a threat, criminals and crooks who control these countries, would now find themselves in a position of leverage and authority in a new World Trading Organization that has been granted authority to make these type of decisions as to what type of economic pressure can be put on various regimes. While I don't believe that you should only use military force or do nothing. I think economic pressure is -should be a -- an alternative the United States of America has. And it should be something that local communities, states, have as well. If a state legislature wants to say, no, nothing will be purchased by this state government from some outrageous genocidal regime like the -- like the Shork (ph) regime in Burma, more power to them. I think that's a great statement for the world to hear. And it's their right as Americans to declare that. So we've got to nip this thing in the bud right now. We've got to let the American people know what the drawbacks are to WTO. And the fact that China -- that begging China to get in -- and pardon me for being so blunt about it -- the tongues of our people are sore from licking the boots of these dictators. It's embarrassing. And so today we say, wake up America. We're going into the holiday season where we celebrate our most cherished religious values, Christians and Jews and others who are -- and Ramadan's about to happen as well. And let us recognize that there are some fundamental values on this planet that are worth more than just making money in the short run. And that's what we're trying to reaffirm here today. And I thank you very much, Mr. Chairman. SMITH: Thank you for the very eloquent defense of human rights. And you have been indefatigable in your efforts, particularly in Asia, to try to promote human rights there, in Burma and elsewhere. And appreciate your comments. Page 396 of 705 © 2009 Factiva, Inc. All rights reserved. I'd like to welcome our witnesses to -- and ask them to take their seats. And I will give a full -- the record will reflect a fuller bio of each. But just to introduce each of our witnesses today. Beginning with Ms. Lori Wallach who is the director of The Global Trade Watch, a division of Public Citizen, an organization founded by Ralph Nader in 1971. A graduate of Wesley (ph) College and Harvard Law School, Ms. Wallach is also a founder and board member of the citizens trade campaign. She has spoken and written extensively on NAFTA, GATT and other trade issues. And is considered truly an expert in those fields. Mr. Stephen Rickard is the director of the Washington office of Amnesty International, U.S.A. Previously Mr. Rickard has served as the senior adviser for South Asian Affairs in the Department of State, as well as a professional staff member for the Senate Foreign Relations Committee Subcommittee on Near Eastern and South Asian Affairs. Thank you, Mr. Rickard for being here. Mr. Charles Wowkanech has served as the president -- and serves as the president -- of the New Jersey state AFL-CIO. Since his election in January of 1997, he has been an active labor leader for the past 25 years. Before that, he served as secretary-treasurer and as assistant to the president for that organization. A long-time participant in health care reform efforts, Mr. Wowkanech was also the chairman of the New Jersey Individual Health Coverage Program Board, which was established by law to implement insurance reforms and regulate the New Jersey health insurance market. Mr. Wowkanech, his wife Luanne (ph) and their two sons, Charles and Michael, reside in Ocean City, New Jersey. Harry Wu is the executive director of the Loagai Research Foundation. Harry has spent 19 years as prisoner in the Chinese Loagai in 12 different forced labor camps. Released in 1979, Mr. Wu came to the United States in 1985 as a visiting professor at the University of California at Berkeley. Mr. Wu was arrested while attempting to reenter China in the summer of 1995. Mr. Wu was arrested by the Chinese government, held for 66 days and sentenced to 15 years in prison before being expelled from the country as a result of an extensive international campaign launched on his behalf. And finally, Mary Beth Markey is the director of Government Relations for the International Campaign for Tibet, a non-profit organization providing information on the situation in Tibet and urging a negotiated, political settlement of Tibet's status. A graduate of the College of William and Mary, Ms. Markey served for eight years on the staff of the Senate Foreign Relations Committee where she monitored human rights and refugee issues. Ms. Wallach if you could begin with your testimony. WALLACH: Thank you, Mr. Chairman. And thank you for holding this hearing. I am joined by a distinguished panel of experts on why granting permanent MFN for China as well as Page 397 of 705 © 2009 Factiva, Inc. All rights reserved. China's accession to WTO is a bad idea. So I'm going to focus on the how and the what. And specifically, I am going to aim at what are some big misconceptions. I would say also some outright mendacity as to the role of Congress regarding this decision. The bottom line reality of Chinese accession to WTO is there is simply no requirement that the U.S. Congress grant permanent most favored nation status to China either as a condition for China entering WTO, or if China has entered WTO, as a condition for the U.S. obtaining the potential reciprocal benefits of that agreement. As a legal matter, this decision to grant MFN status is set forth rather explicitly in the actual GATT and it's updated in the agreement establishing the World Trade Organization. RICKARD: We do believe, however, that effective human rights policies require consistency and credibility; and credibility means being willing to pay a price to stand up for human rights victims. It's almost never a question of whether U.S. officials care about human rights; it's a question of whether they care enough to be willing to pay a price and to be willing to fight for the victims. This explains why the annual effort to condemn China's human rights record at the Human Rights Commission in Geneva and the annual debate in Congress over the human rights record in China continue to be important even when the ultimate vote goes in China's favor. They demonstrate to the Chinese government and to human rights victims in China that the human rights issue will not go away. In light of China's ferocious campaign against Falun Gong, its unrelenting repression against Tibetans and Uyghers and its failure to move forward in any meaningful way on the human rights promises it has already made, such as implementing international human rights treaties, Congress is clearly entitled to be skeptical about assertions that China's admission to the WTO will herald the dawning of a new age in China. I think it's significant and probably wise that U.S. Trade Representative Charlene Barshefsky has been very circumspect in making any such claim. For instance, she as quoted in the New York Times as saying: I am cautious in making claims that a market-opening agreement leads to anything other than opening the market; it may, it could have a spillover effect, but it may not, and we have got to understand that. In other words, there is nothing inevitable about trade or the WTO leading to human rights progress. And, frankly, the recent news is not encouraging on the human rights front or any other. According to reports out of China, Chinese police officials recently severely beat a democracy activist because he spoke to a U.S. human rights official. Page 398 of 705 © 2009 Factiva, Inc. All rights reserved. Even on the trade front, Chinese leaders have rushed to tell other Asian governments that once China's admitted to the WTO it will stand with other Asian governments to reject and resist western trade proposals. In other words, China tells the U.S. that engagement and friendship requires the U.S. to work to have China admitted to the WTO, while at the same time telling Asian governments that once admitted to the WTO China will become a stalwart opponent of U.S. proposals. Without question, however, the period between now and the congressional debate on the China deal represents an opportunity for the Clinton administration to demonstrate that the tree of engagement can bear fruit. There are three steps that the Chinese government could take or at least set in progress immediately to demonstrate a genuine commitment to the rule of law and to fulfilling international commitments. First, the Chinese government could announce that it will review the convictions of every person serving a prison sentence for counterrevolutionary offenses. These are offenses no longer even on China statute books, having been replaced by new national security law. Second, China could announce that it will dismantle the reeducation-through-labor system. It is simply impossible to claim a commitment to the rule of law and simultaneously maintain a system that sentenced hundreds of thousands of people without due process. Third, the Chinese government could move forward to ratify and fully implement international human rights treaties. Now, all three of these steps go directly to the credibility of China's international commitments and its commitment to the rule of law. Now, there are of course many other critical human rights issues in China. Religion continues to be severely repressed throughout China. And just as the repression of Tibetans, Uyghers and Christians has already demonstrated, the campaign against Falun Gong shows how extraordinarily fearful Chinese authorities are of any form of organized entity, however peaceful. To be frank, and speaking just for myself, I shudder when I read that implementing the U.S.-China trade agreement may cause millions of people to become unemployed in China. One western diplomat was quoted in The Washington Post saying that if China fails to create a social safety net for the unemployed, quote, "things could get extraordinarily ugly," close quote. Indeed. I don't believe that governments can maintain social stability in the long run by cutting themselves off from the rest of the world and maintaining bloated state enterprises. But when painful Page 399 of 705 © 2009 Factiva, Inc. All rights reserved. change comes in a democratic society the unemployed and the poor can hold leaders accountable and demand government policies that ameliorate their suffering. In China the answer may instead be the cattle prod, the firing squad or a one-way ticket to the Laogai. Remember, China is a country where people have literally been given the death penalty and shot for counterfeiting tax receipts. Mr. Chairman, you have many distinguished expert witnesses on human rights in China testifying today, so I will not prolong my remarks. I look forward to hearing their testimony and answering any questions you or others may have. I've brought with me several recent Amnesty reports on human rights conditions in China, including the campaign against Falun Gong, the situation in Tibet and in Xinjiang and others, and with your permission I'd ask that they be made a part of the record of the hearing. Thank you. SMITH: Mr. Rickard, they will be made a part of the record. And I do thank you for your excellent testimony and the great work that Amnesty does in China and elsewhere around the world. Mr. Wowkanech. WOWKANECH: Yes. Good afternoon, Mr. Chairman and members of the distinguished panel. Before I start my official remarks I would like to say that I have given my testimony for the record. I plan to deviate from that somewhat today with some materials that I have brought from my home state of New Jersey. But before I start I would like to congratulate you on the fine job that you have done over the years in your fight for the social and economic justice and human rights of workers around the world. I think it's unprecedented. I'm honored, deeply honored to be here in your presence, along with your colleague and Mr. Wu and the other people here on the panel. So with that I would just like to say thank you, Mr. Chairman and members of the subcommittee, Mr. Rohrabacher, for allowing me to present the view of the New Jersey state AFL-CIO and the one million workers that we represent on the inclusion of China into the World Trade Organization and the effect this and other U.S. trade policies would have on New Jersey. New Jersey's trade, economy, jobs and the jobs of hundreds of thousands of New Jerseyans are threatened by China's impending ascension into the WTO. China should not be allowed to capitalize on its human rights, worker right and environmental failings to the detriment of New Jersey working families. In 1998, the U.S. had a $57 billion trade deficit with China. In that year, U.S.-China trade yielded a grossly skewed import-export ratio with $71 billion in Chinese good entering this country and only $14 billion in U.S. exports. This was a direct result of the normalized trade relations between China and the U.S. Page 400 of 705 © 2009 Factiva, Inc. All rights reserved. New Jersey has been particularly hit hard by the recent U.S. free trade agreements. In 1996, manufacturing employment in New Jersey fell below 500,000 for the first time since 1930. Free trade agreements with Canada, Mexico and Europe have resulted in a loss of hundreds of thousands of American jobs as businesses have relocated to exploit weak or nonexistent labor and environmental protections. In the wake of these agreements, corporate profits have grown while high paying American jobs have been lost and the wage gap for American workers has widened. According to Business Week, in 1998 the average pay of an American CEO was 419 times that of an average factory worker. When is enough enough? While corporate profits continue to grow, the working people of New Jersey are struggling to pay their mortgages, send their kids to college and improve their overall economic standing. I would say for the record that back in 1995 and '96, while all this was going on, New Jersey was number one in mortgage foreclosures and New Jersey was ranked number one in our nation in businesses that filing Chapter 11, and that is a direct correlation with the companies that I'm going to talk about that are on that map of our state of --great state of New Jersey that have left New Jersey for good. So while all this corporate world has been prospering, many have suffered. I want to state for the record that I'm not a protectionist. I want to state for the record for those that don't know me, in my position with the state federation I've developed a fairly good reputation with the business community in our state. I worked very hard with the casino industry in achieving better regulatory climate for them to do business in our state. I've most recently worked with our congressional delegation here, with our shipping companies in our great port of Newark. I've worked with Continental Airlines with their quest for some $2.6 billion expansion in New Jersey. In 1985, I proudly worked alongside with the telecommunications executives in our state to make New Jersey the first state in the nation to become wired for fiber optics so that we could attract industry to our state and maintain the business that we had. So in my remarks when I say some maybe not so kind things about corporate America I just wanted to enter that for the record, that I'm not a protectionist, I'm not a person that goes around thinking that the working people should have everything and the business community should have nothing. I think I've demonstrated in my 10 years in this position that I have not been that way. The North American Free Trade Agreement has resulted in a loss of 400,000 American jobs in its first five years. New Jersey alone has lost more than 28,000 to increased trade deficits. New Jersey's 1993 Page 401 of 705 © 2009 Factiva, Inc. All rights reserved. to 1996 NAFTA deficit was $2 billion. During the same period, wages in New Jersey dropped from $13.07 an hour to $12.55 while inflation was on the rise. Again, this situation will only get worse upon China's acceptance into the WTO. At this time I would like to ask the panel, as well as the members on the committee, to focus on the map. I don't know if you can see it. But this is a map that shows the spillage of blood of New Jerseyan and American workers in our state that started since 1985. The statistics that I'm going to share with you today are not from Charlie Wowkanech or from the AFL-CIO, they are from the New Jersey Department of Labor under the administration of Governor Christine Todd Whitman. In 1995, when we -- when our Department of Labor started to keep track of what was going on, 109 companies left our state for good, affecting some 11,752 workers. From that year on, in each successive year, the number of companies has climbed and the number of workers out of work has gone up to in 1995 we told 388 companies from 109 and 34,700 workers lost their jobs that year. Because of this map, as you can see, and the wear and tear on it, we've used it extensively in our state on these issues, our present administration decided to disband this department and not release these numbers anymore. But through our own internal monitoring we would take an educated guess to indicate to you at this time, in 1995, at the dawn of the new millennium, that we're upwards of 500,000 and 3,500 companies. And I want to direct your attention, Congressman Smith, Mr. Chairman from New Jersey, because these names will ring a bell, and for Mr. Rohrabacher they might as well. But I wanted to start at the dawn of the century. Great individual by the name of Thomas Edison founded an incredible device called the light bulb. Here, at the dawn of the new millennium, we can't find a light bulb made in America. It's very difficult. Anheuser-Busch, the king of beers, American eagle as its emblem, most recently decided to purchase $200 million and more, $200 million worth of their bottles from Mexico because of NAFTA. The immediate effect was two plants, one by the name of Ball-Foster in Millville, New Jersey, and the other plant I don't have right now but it was in the state of Texas. New Jersey, two weeks before Christmas, the employer came and told the 300-plus workers we're closing the plant down. That was it. Anheuser-Busch decided to go with workers in Mexico who were going to be paid $7.50 a day as opposed to $18 an hour with health care benefits and pension. WOWKANECH: We can't go on, we can't go on like this. The garment industry, one of the most industries that we think will come under attack under China's acceptance into the WTO, in New Jersey presently our own, again, New Jersey Department of Labor indicates we have 27,000 employees within this industry. Page 402 of 705 © 2009 Factiva, Inc. All rights reserved. Now, that's also business owners, people who pay real estate taxes. Most of these workers, these garment workers, are single mothers who work for decent employers who provide health care and do those kind of things. They cannot compete. They cannot compete with China with the situations that you've heard described from this body with the egregious offenses that are taking place. It's going to wipe this industry out. This is going to have a cascading effect on unemployment, on welfare, on the tax base. We now have towns in our state which I'm sorry to admit to you here in Washington, D.C. that the principal industry is hospitals and police stations and jails. This has gone far enough. One final note. As indicated in your opening remarks, the father of two children, a five-year-old and a seven-year-old son, who I want the same great things as you all do and my father and mother for me, my both boys are fans of the United States Navy and big ships. So my wife and I thought it would be appropriate this summer not only to make the connection to their education and to the history of our great country, nothing would be more fitting than to take them to the United States Naval Academy, where you see the father of our Navy, John Paul Jones, who is entombed in the chapel, and you see the flags and artifacts, cannons and swords from great battles. And when they take you on the two-hour walking tour they tell you about the academy and it develops the leaders of the futures both intellectually and morally and history of our country and the honor and the duty to serve. And at the end of the tour they bring you to the gift shop, like most tours. And you have tears in your eyes and you're looking at other people on the tour and you just can't believe how proud you are to be an American and what's taking place in our country. And then you see hats and shirts and beach bags and coffee mugs that are all made in China, El Salvador and anyplace that you can imagine. But I stayed there for an hour and couldn't find anything made in the United States of America. I say to this commission that has to stop. This can't go on. I also for the committee, I would have brought a lot more, but I have shirts and other garments that are produced in our own great state of New Jersey, and I'm embarrassed to show this to you. You can go on the New Jersey Turnpike or the Garden State Parkway and again you can stop in a gift shop and you can purchase a baseball cap just like this one here and the ones I have in front of you that the state of New Jersey buys, that when you flip over the tag you see: Made in China. No codes. No FTC regulations. We have no idea where this stuff comes from in China, if they're from indentured workers or prison workers. It sells, here's the price tag, $14. I can't believe a New Jersey-based company or an industry that has 27,000 workers cannot produce these hats. They can. It's an issue of Page 403 of 705 © 2009 Factiva, Inc. All rights reserved. corporate greed. The situation has gotten out of control. And I would ask this committee to consider some of the recommendations that I'm going to put before you this afternoon, as well as my own great president John Sweeney or the national AFL-CIO, because I'm troubled. I'm troubled by getting calls from workers in our state whose wife will call me and their husband has committed suicide because their industry is gone, they've gone through retraining, they can't find a job, and they realize that when they're told this is a global marketplace you must compete in, they don't want to compete against kids, they don't want to compete for 17 cents an hour, they don't want to compete against the Mexico barro workers for $7.50 cents a day. So I offer these situations to you -- suggestions to you for your considerations. One, in the state of New Jersey, and I think the federal government, as Mr. Rohrabacher has said, I think the United States of America and the federal government must lead the way. We are the nation's leader in the most industrialized nation in the world. And as we see in New Jersey with the purchase of these goods with taxpayers' money, I say the federal government right here in the Capitol Building, in the souvenir shop or at our national parks or anything else that the United States of America owns, there should be some prevailing wage concept, like we have in the building and construction area, where it creates not protection, it creates a level playing field where people who are bidding on these type of garments for the state of New Jersey or for the United States government know that they can't buy these goods where they're manufactured with these type of egregious conditions. I think that's something for your consideration. I also would ask that something to the effect of an international advisory council. I watch on TV with great interest that the UN is allowed to go in behind the scenes and look at the reduction of arms. We're fighting in the same war. It's not about missiles and chemical warfare, it's an economic warfare. Somehow a commission must be formed with human rights leaders, with labor leaders, with corporate America at our side as partners and must look at what's taking place. And if these countries do not want to live up to a standard and level playing field, then they should not be allowed to do business here, we should not open our marketplace. I think that's -- I know the political reality of that is difficult to achieve, but that's by far the most simplest thing to stop this thing right now. But I think another suggestion worthwhile looking into -- and again, to my good friends on the other side of aisle in the corporate boardrooms who have shown through their own efforts that they cannot police themselves, that the situation is out of control, that it's more important at 4:30 this afternoon what the Page 404 of 705 © 2009 Factiva, Inc. All rights reserved. closing is on the New York Stock Exchange, as opposed to what's going on inside their factories and plants. I think there has to be some sort of a federal industrial retention commission to look at these violators, whether they be United States companies or not, that intentionally move companies from United States soil and New Jersey and move them to foreign shores to exploit workers, and they leave towns and communities in total devastation and they leave the taxpayers of that state to pick up charity care for health care because now people don't have health care; the welfare rolls; unemployment. I think that these companies have to be held accountable. They can't police themselves. We can't -- we can't let this go on. So I offer those suggestions to you with the hopes that out of this meeting and subsequent meetings I know you're planning to have, Mr. Chairman, that some sort of a federal guidelines or legislation incorporating all of the things that this panel is going to offer today would be something that we all could get behind to support and stop China from achieving acceptance into the WTO. And most assuredly we oppose their most favor nations clause. And we would do anything to work with you or any of these constituency groups around here to deny that happening within this administration. So at this time I'll yield to my great friend Mr. Wu and would be open for questions at any time. SMITH: Mr. Wowkanech, Thank you very much for your testimony. We will very seriously consider and try as best we can to act on in the coming months. SMITH: And looking at your -- when you brought that into my office this morning, the thought occurred to me if it a battlefield commander -- and very often, as we know, they put flags where the different troops might be -- if a battlefield commander had those kinds of losses, he would be fired. And that may just be New Jersey, but that speaks for every one of the 50 states throughout our country. And hopefully, Americans will begin to see that, while humanitarianism in and of itself should be enough to make us sensitized to these egregious abuses around the world, like in China, there's also a direct impact, and a very negative one, on their livelihoods and on their jobs and on their quality of life. There is some self-interest that needs to be gotten out there so that the American public sees -- takes ownership of the human rights issue, because it does negatively affect them both short, medium and long-term. And that certainly makes the case I think very dramatically, and I thank you. Mr. Wu. WU: Mr. Chairman, congressmen and ladies, gentlemen, it is my honor to testify before your Page 405 of 705 © 2009 Factiva, Inc. All rights reserved. subcommittee. Today we are standing at the historical crossroads. Down one path lays the United States chasing after market access in China and talking about human rights, but only acting on trade deals. Down the other path is the chance to have a principled foreign policy in relation to communist China, one based on American values and national interests. For the most part, the United States has been moving steadily down to the first road, catering to the business interests and using all of these U.S. negotiating abilities to push for business deals. The WTO agreement is supposed to be a major milestone on this road. It has long been fashionable to think, quote, "what is good for the Wall Street is good for the United States," unquote. But we must also realize that this deal gives a timely boost to the Chinese communist leadership. This is a blood transfusion to a dying communist regime. It's both unwise and unnecessary. Faced with a stagnating economy and sagging exports, the Chinese Communist Party desperately needs increased foreign investment and guaranteed access to foreign markets with no threat of bilateral sanctions. This deal gives just that: The Chinese dictators increasing their authority and claims to legitimacy. The Chinese leadership has not proven to be a reliable partner in its international dealings. Its human rights abuses violate the United Nations treaties it has signed, and it continues to violate trade agreements by dumping and exporting forced labor products. Mr. Chairman, I promise you that in the next spring I'll come back here to tell to the American people what is the truth of the forced labor product import to United States. The current crackdown on the Falun Gong is a sad but perfect example of how the Chinese government threatens its common citizens. The Beijing government actually supported Falun Gong when they first started to flourish in China. The Communist Party realized that China is facing an ideological crisis since 1976 Mao died. The people do not have faith in the party as they once did. Falun Gong seemed like a harmless way to fill this ideological vacuum. Let them meditate. It is much better than meeting to discuss politics or Christianity of employment. And then slowly the yellow book became more popular than the red book. It seems that millions of Chinese today have found a new Bible -- the yellow replaced the red. But Falun Gong quickly became a nationwide organized movement, and that the Beijing government could not tolerate. The Chinese Communist Party does not allow any organization except itself to have nationwide structures, regardless of organization purpose. For example, if you want to collect match boxes in New Jersey, you can organize an institution. If someone has the same purpose, same interest, you can have another institution in California. But you Page 406 of 705 © 2009 Factiva, Inc. All rights reserved. cannot have a nationwide institution interest in collecting match boxes. This is by law not allowed it. So, in retaliation, the Beijing government declared Falun Gong a cult and is arresting members by the thousands of charges of spreading separatization or subverting the government. Now, if you look into the yellow book, it does not discuss separating the government, and it does not advocate any violence, and it does not say that the end of the Earth is coming. Rather, it is talking about an individual's physical health and demonstrates how to proper breathing exercise. Like any totalitarian regimes, the Chinese government is paranoid. It considers these people a threat. And will treat them as it does any threat, by cracking down quickly and completely. Lawyers in China today have been instructed not to represent these people, showing that Chinese government will easily break its own law. But remember, there's many American academic today talking about religious reform in China. It seems to them this is a kind of process -- progress. The members of Falun Gong was detained, tortured and sent into the loagai camps, and is reported that over 35,000 people have been detained since the crackdown began in July. Today a new crackdown is starting on another group that practice traditional breathing, Zhong Gong. So far 100 members has been detained. These arrests continue even as Chinese receives the secretary-general of the United Nations. This is another shame of this United Nations organization. The Chinese government just released a new law declaring that any gathering, baseball games or basketball game, or any concert, if the people is over 200, must be approved by public security. The new law was issued November 24, 1999. The Chinese Communist Party is fundamentally frightened by any popular group, students who want an end to corruption, workers who want their pensions or independent unions, or even middle-age women practicing meditation exercise in the park. The Chinese Communist Party will grow richer and stronger from --if approved for WTO membership. Part of its new wealth will go to upgrading its instruments of authority: the police, the military and the loagai camps. Foreign investment will help them crack down on the Falun Gong more efficiently, and will help them harvest organ from the death of prisoners with better technology. There also the question of national security. Congress should, when it considers permanent NTR status for China, put this agreement under national security microscope. The relation between a lack of democracy, economic growth and China's military expansion is a serious one and must be closely examined. Page 407 of 705 © 2009 Factiva, Inc. All rights reserved. From a human rights standpoint, granting China permanent NTR will give them a green light -- a green light to continue to abuse their citizens. That action will tell the dictators in China that United States will ignore the horrible way the Chinese people are treated as long as markets are open to trade and foreign investment. Perhaps one day the U.S. government will try to promote human rights in China with the same zeal that it runs after market access. I hope so. Maybe one day a president of United States will use his or her private line, red line, with the Chinese communist leader to promote human rights, to show that the United States is serious about freedom and democracy. Today that responsibility rests with the Congress. Thank you. SMITH: Mr. Wu, thank you very much for your -- your very incisive testimony and for making the considerable effort to get here, having been in Korea just recently and having changed your plans to come and appear before our committee. We're very appreciative of that. Before I go to Ms. Marky, I'd like to just recognize that Eni Faleomavaega is here. And if you have any opening comments, I say to my friend... FALEOMAVAEGA: Mr. Chairman, I don't have an opening statement, but I do want to thank you for your leadership. As has always been the case of, you know, workings of the committee here -- the subcommittee. And it is quite unusual due to the fact that the members are not here. But I'm really, really happy that you were able to call this committee. And having our friends from the NGOs. Unfortunately, none of the administration people could make it to the hearing, but hopefully that maybe next month, we definitely will call them up and -- and to consider more examination, and especially what happened in the WTO meeting in Seattle. And we definitely will be following up on this. And I do look forward to hearing from -- my apologies for those witnesses who have already testified. But I am going through their statements and really appreciate their input in the process. SMITH: All right. Thank you, my friend. And just plan --events don't wait on the congressional schedule. And one of the nice things about this subcommittee is that we meet all 12 months. And when events so dictate, and certainly the imperative that we now face with regards to the massive effort that has been announced as recently as yesterday by the administration and business leaders for permanent MFN, which -- and Ms. Wallach, I think, pointed out some very, very important myths that need to be gotten out there with regards to whether or not permanence in MFN is actually required. And that's something we'll get into during the Q&A, but... Page 408 of 705 © 2009 Factiva, Inc. All rights reserved. FALEOMAVAEGA: If the chairman would yield further I -- in the 10 years that I've served as a member of the International Relations Committee, again I want to commend you, Mr. Chairman, for your leadership, and especially your leadership in human rights, not only in substance and the depths of what we have tried to do over the years with China but as well as other countries of the world. And I think now we're beginning to see, at this most critical moments, how the countries of the world, not just the real prosperous countries, but every country of the world, there's got to be a sense of greater equity and fairness in the process when we talk about economics and trade. And I am very, very concerned if this is the way that we ought to proceed. But more than anything, Mr. Chairman, again, I want to thank you for your leadership, sincerely on the issue of human rights. I think there's no other chairman in my experience in certainly this committee -that you have provided that kind of leadership that has not only sensitized our national leadership, but certainly leaders of other countries to know that we are dead serious about this. Even though in the past years, we've kind of somewhat waffled. Sometimes we think about human rights and sometimes we don't. But with your leadership, Mr. Chairman, again, I want to commend you for that. I certainly will continue to give you all the support I can as a member of this subcommittee. Because it touches on every aspect --you know, we talk about socio-economic issues, we cannot neglect about human rights. And I think this is something that we ought to pursue. And I look forward to continue working with you along those lines. SMITH: Thank you very much for those comments. Ms. Marky. MARKY: (OFF-MIKE) Oh, I'm sorry. Thank you, Mr. Chairman, for the opportunity to testify before the subcommittee this afternoon. It's always a pleasure to hear your edifying remarks on human rights. And if my memory serves me, Congressman Faleomavaega, you are one of a small number of members of Congress who have made that difficult journey up to Dharamsala, India. I think it may have even been during the monsoon that you went up there. That's the seat of the Tibetan government in exile and I'm sure that was an exciting experience for you. I hope my remarks on Tibet will be interesting in that light. Like many of our fellow activists in the labor, environmental and human rights communities, the International Campaign for Tibet believes that the World Trade Organization has both the potential internationally to liberalize economies -- a good thing -- and to promote an ethic based on the accumulation of trans-national corporate wealth which ignores democratic principles, hard-won economic Page 409 of 705 © 2009 Factiva, Inc. All rights reserved. safeguards and basic human rights, which is very bad and the basis of our opposition to an unregulated WTO and to China's accession at this time. The International Campaign for Tibet calls on the U.S. Congress to see the coming debate on China's WTO membership and permanent NTR status as an opportunity to consider carefully the WTO's potential and proclivity to address human rights abuses. And then to use this opportunity of maximum leverage to extract meaningful human rights concessions from China. The Congress need not be a rubber stamp for this administration's investor-based trade priorities, especially with regard to the China market. MARKY: Our nation has many serious concerns with China, human rights and the situation in Tibet being just two that are systematically dismissed by Beijing. The U.S.-China human rights dialogue is shut down, as Chairman Smith has pointed out, although other countries continue to meet bilaterally to discuss human rights. "The Washington Post" reported yesterday, as Chairman Smith pointed out, that Beijing will not even accept our human rights demarches, and, as a new protocol, insist that they must be delivered to the embassy here in Washington. Appeals to China's leaders from heads of state the world over to begin dialogue with his holiness, the Dalai Lama, are routinely answered with Chinese histrionics. In Tibet, the use of prison labor in economic development is openly stated policy. Prisoners forced to work in prison greenhouses fall ill from pesticide exposure. Torture is routine. Patriotic re-education continues in monasteries. Popular resistance against hard line policies on religion and against the Dalai Lama continues. In Lhasa in October, Tashi Tsering, who attempted to raise the banned Tibetan flag during the National Minority Games, was severely beaten and died of his injuries in detention. Tibetan homes are routinely searched for evidence of splitist activities. Officials demand loyalty to the unity of the motherland and caution against the infiltration and sabotage of foreign hostile forces. Ngawang Sandrol, a nun first arrested when she was just 13 years old, is serving her 10th year in prison and has just received a third term extension, which means she will serve a total of 21 years in prison for singing songs of her love for Tibet and his holiness, the Dalai Lama. According to the Tibetan Information Network in London, a female prisoner in Lhasa's -- in Lhasa's notorious Drapchi prison, based on current information for records with adequate data, has a one in 20 Page 410 of 705 © 2009 Factiva, Inc. All rights reserved. chance of not surviving the consequences of imprisonment. China is silent to requests from U.N. officials and agencies and from numerous government, religious and humanitarian delegations to meet with the young Panchen Lama. This little boy, held captive since he was 6 years old, goes missing. An alarming report on a Chinese Internet site suggested that he died in Gansu prison and was cremated in secrecy. For four and a half years, since May 1995, the United States has raised his case with Beijing. Assistant Secretary for Human Rights Harold Koh has requested to see him as part of the resumption of the bilateral human rights dialogue. Here, Mr. Chairman, I beg your patience to address a terrible flaw in the U.S. position on the Panchan Lama that is germane to this discussion today. While the issue of religious freedom has been elevated to a priority among rights in our State Department, an ambassador-at-large and a Commission on Religious Liberty named, our government has taken an equivocating position with regard to the authority of the Dalai Lama to recognize the reincarnate Panchan Lama. The Panchan Lama is referred to by our foreign policy establishment as, quote, "the Panchan Lama recognized by the Dalai Lama." Since the Chinese Communist Party leadership chose another boy to replace the kidnapped child, our government refers to him as the, quote, "Panchan Lama appointed by the Chinese." Of course the Chinese Communist Party has no right of primacy on any religious issue. Nonetheless, the administration is providing Beijing cover with its ambiguous approach. This is wrong. Would we hesitate to recognize the choice of a pope by the College of Cardinals in Rome? Is a mullah not a mullah because we quibble with his politics? How can the United States advocate on behalf of religious freedom and accept that the Communist Party, the antithesis of a religious body, has a legitimate role in naming the 11th Panchan Lama of Tibet? It is precisely this kind of conflicting signal that doomed to failure the 1993 Executive Order on MFN and we should guard against mixed signals with respect to permanent NTR. Whether we fight the NTR battle annually, or permanent NTR is phased in as China moves into compliance with WTO rules, the Clinton administration and the Congress must accept the challenge of devising a tandem human rights/permanent NTR strategy and commit together to its implementation. U.S. business, which has failed utterly to use its privileged access to China and Chinese leadership to promote human rights principles, will likely not ally itself to this strategy. However, it is past time for them to play a responsible role in exploiting the commodity of democratic values. Page 411 of 705 © 2009 Factiva, Inc. All rights reserved. Mr. Chairman, the International Campaign for Tibet, with the support of several environmental groups, has for the past month been engaged in a battle with the World Bank over a plan to move some 58,000 mostly Chinese settlers onto the Tibetan plateau. The World Bank project, if implemented, threatens to do serious damage to Tibet's fragile high-altitude ecosystem and will further dilute the Tibetan population and culture. The Bank has argued from the beginning that the politics of this project are not the Bank's responsibility. In other words, the transfer of large numbers of Chinese farmers onto traditional Tibetan lands, hastening the sinocization of Tibet, need not be considered by Bank project planners in Beijing or Bank headquarters here in Washington. Fortunately for the Tibetans in the project area, there is a mechanism for redress at the Bank, the Inspection Panel. And the International Campaign for Tibet has submitted a claim against the project on their behalf. Destructive environmental decisions from the WTO have similarly been interpreted as outside the scope of the WTO's responsibility. A platform for labor rights is being resisted as well. And unlike the World Bank, there exists no mechanism for transparency and redress. It is therefore not difficult to imagine development or natural resource exploitation in Tibet made possible by the politics of sinocization and giant trans-national corporations that Tibetans would oppose but are powerless to stop. Though China's membership in the WTO might eventually pressure the leadership to open its doors to outside monitoring, there is currently no WTO mechanism to perform oversight and certainly little evidence to support the hopeful position that China would accommodate it. Opening Tibet to unregulated foreign investment more likely would promote more Chinese migration into Tibetan areas and challenge efforts for appropriate development designed to benefit the Tibetan people. Mr. Chairman, Tom Hayden, a former protester of some renown, suggested that the new generation of activists that protested in Seattle represent the breakthrough of their generation into a public effort to challenge the systems. The International Campaign for Tibet has seen how our own movement has been propelled by young people. Their priorities, by nature, are hopeful and forward looking. It is very much a new world order they seek. While they may have only shut down the WTO meeting for a short while, I am confident that they will be back and ready to play an active role in the debate early next year on permanent NTR for China. I would caution big business not to declare victory as yet. Page 412 of 705 © 2009 Factiva, Inc. All rights reserved. Finally, Mr. Chairman, I hope the Congress will look into how the Seattle protesters were treated by the police during the demonstrations and in custody. As an American who speaks out against the atrocities perpetrated by Chinese police and security officials against peaceful Tibetan demonstrators, I was appalled by what I saw on television and heard from some of the protesters themselves. Again, I take note of John Pomphret's piece in yesterday's "Washington Post." In response to U.S. warnings that a resolution critical of China might be introduced at the U.N. Human Rights Commission in Geneva, Pomphret quoted a Chinese official as saying, quote, "After what happened in Seattle, how could you do this with a straight face?", end quote. Thankfully those protesters in Seattle had recourse through the legal system and public opinion. That would be my answer to the Chinese official. But it was still a shameful display of intolerance and abuse of power. MARKY: Thank you again for this opportunity, Mr. Chairman. SMITH: Thank you very much, Ms. Marky, for your excellent testimony. Let me just ask a couple of questions. I (inaudible) invited some other witnesses to be here today, including some from the administration. Ms. Barshefsky had been asked and admittedly was on relatively short notice, and she was obviously very busy with the events leading up to, and then certainly in Seattle. We will renew that request and hopefully hear from the administration, from Mr. Roth and from Secretary Harold Koh as well. They were all invited to be here and they chose not to be. But again, giving the benefit of the doubt, perhaps it had something to do with fatigue having been part of that whole process in Seattle. And we will renew that invitation to them. We also invited Wei Jingsheng, who was out of the country, but he did send a letter. I'll read a portion of it because I think it is very, very powerful. As we all know, he was the leader of the democracy movement, and, like Harry Wu, spent a significant portion of his life behind bars because of his belief in human rights and human freedom. "Dear Congress, make no mistake about it, the current situation in China is very (inaudible). As witnessed by the recent Falun Gong crackdown, and ongoing suppression of religious freedoms, the oppression of independent labor unions, and the continued imprisonment of democratic activists like myself whose only crime was to openly express their opinions, the Chinese communist regime continues Page 413 of 705 © 2009 Factiva, Inc. All rights reserved. to trample on the human rights of the Chinese people. "Following America's profuse and repeated apologies for the bombing of the Chinese embassy in Belgrade last May, the Communist Party leadership has only increased its attitude of defiance. Chinese language newspapers have published sources stating that, in a recent meeting with Chinese military officials, President Jiang Zemin ordered an increase in the speed of military development and scoffed that a so-called co-strategic partnership with the United States was impossible," he said. "This at a time when the United States should choose to reward the communist regime with a sweetheart deal to join the WTO is utterly inconceivable. WTO membership, obviously a goal coveted by the Chinese regime, is a bargaining chip that should not be given away without receiving significant concessions on human rights, financial sector reform, workers' rights, and freedom of speech. It appears this administration is more worried about getting its name in the history books than about promoting the principles of democracy. "With the entry of China into the WTO now appearing inevitable, the U.S. must find a way to continue the annual debate on China's NTR status. If NTR were made permanent, the U.S. would forfeit it's final effective weapon for applying pressure on the communist government who would then be free to violate the human rights of the people unhindered by the threat of U.S. sanctions. "As one who has spent more than 17 years in Chinese prisons, I can tell you that international pressure has a direct impact on human rights in China. When in jail, I could always judge the current state of affairs because there is a clear and inverse relationship between my treatment and the state of AmericanChinese relations. The more tense things became, the better I was treated in prison. The friendlier things became, the worse I was treated. "As the leaders of the democratic world, it is your duty," he writes, "and in your best interest to promote democratic principles around the world. You must not forsake the friends of democracy in China by giving away WTO membership and permanent NTR status to dictators who continue to violate their citizens' human rights." Wei Jingsheng, December 8, 1999. I'd like to begin by asking Ms. Wallach, in looking at your statement -- and it is probably one of the most provocative things that will come out of this hearing -- and that is the shattering of the myth, based on your legal analysis, that permanent MFN is not required for the U.S. to benefit from China WTO accession. And you spoke of the issue of duration as opposed to the annual versus permanent. Page 414 of 705 © 2009 Factiva, Inc. All rights reserved. I've read three separate analyses by three different authors by the Library of Congress who suggested permanent MFN is required. The president's assumption, and I assume his legal assumption -- or his legal counsel, is that permanent MFN is required, although that -- no one has said absolutely at the White House, so maybe they're just saying this is the chance to slam-dunk it under the guise of WTO agreement. Could you perhaps elaborate on that issue if you would, and any of the other panelists who might want to speak to it? And are there any other countries who are members of the WTO that do not have permanent MFN that would be an example underscoring your point? WALLACH: What the GATT agreement requires in article 1.1 is, "with respect to customs duties, charges of any kind imposed on or in connection with importation, exportation blah, blah, blah -- any advantage, favor, privilege or immunity granted by any contracting party to any product originating in or destined for any other country shall be accorded immediately and unconditionally to the like product." That is the only language -- immediately and unconditionally --as to the grant of most favored nation status. And as a factual matter, the record in history, there are two points. One is, in fact there's been no jurisprudence when there have been annual grants, saying that that is not allowed. And number two, there have been annual grants of MFN to GATT members. The untested case is what about an unconditional annual grant? The U.S., for instance, has granted annual MFN to all of the previous Soviet satellite states as they've come into GATT. Rumania still has it, et cetera, and the former Yugoslavia came in that way. Currently, Czechoslovakia still has it. But it was done under a waiver provision because it was done as a waiver of Jackson-Vanik. If the U.S. Congress either amended the Jackson-Vanik amendment to take out the clause that requires a conditionality based on freedom of emigration, or alternatively Congress as a free-standing piece of legislation simply granted a year of most favored nation status to China, with the renewal process that would not allow for it to expire in between, i.e. like we do now, where there's notice; there's a month overlap and absent a vote it just goes on for another year. There is nothing in the GATT rules, the WTO rules, nor literally the precedents and history of the institution that would forbid that. And I have seen those memos. And those are basically memos that are putting arguments with no legal factual WTO law basis to what is clearly a political push for a particular outcome. But there is no legal or factual basis to that, and in fact there's precedent to the contrary. SMITH: I appreciate that insight. Would any other panel members want to touch on that? Page 415 of 705 © 2009 Factiva, Inc. All rights reserved. I think that's a very -- I mean, that is something we need to look at very, very seriously. You know, as a practical matter while Jackson-Vanik has -- is very narrowly written with regards to freedom of emigration, going back to the years of Rumania especially, because I did -- I was one of those who led the effort to try to suspend MFN to Rumania because of Ceausescu's horrific record on human rights and torture and religious persecution. As a matter of practice, we were able to expand the consideration even though technically it only applied to emigration. So your point that if that were out, that wouldn't necessarily mean that we don't look at the whole spectrum of human rights with a microscope. And I think it's food for some very serious thought as to how we might proceed. And also I think again, in shattering that myth, because I didn't find to backup that Library of Congress' -I kept looking for footnotes that would go into further detail and they weren't there. I think, you know, the news media will take note of this too because the administration is making it as if it's a given, an absolute given that permanent MFN is the prerequisite to WTO affording the benefits between the U.S. and the PRC. And I think, you know, you've held up a stop sign that says wait a minute, the law doesn't say it. And that's very, very helpful. WALLACH: If I may just add... SMITH: Yes, yes please. WALLACH: ... that the political fact of this legal reality is that the U.S. Congress could take a step that would make sure that whatever benefits might accrue commercially under WTO accession by China, would be fully obtained by U.S. interests, while at the same time maintaining the leverage that they currently have, unlimited though not added to which you and others have suggested would be necessary. But you would preserve the status quo by being able, not literally to condition continued MFN on a particular thing, but rather the knowledge that every year the Congress, the press, the U.S. public will have a look. And there is that possibility. But meanwhile all the commercial benefits would be allowed. SMITH: Let me ask you number five in your testimony. And you know Harry Wu certainly, and certainly every one here have spoken out against prison labor very effectively. Harry actually suffered, as we all know, in the laogai. You point out that a technical legal consideration about China and WTO is the new powers and rights China would obtain as a WTO member, as against the U.S. Most simply WTO rules forbid countries from banning goods made with child or forced labor, and also Page 416 of 705 © 2009 Factiva, Inc. All rights reserved. forbid countries to treat other WTO members differently according to their human rights, weapons proliferation and other non-commercial behavior. Would the effect -- is your reading of -- if this all happens to the way the administration would like -would be that if we wanted to ban the importation of child-made goods or the Smoot-Hawley provisions on prison-made goods, would be effectively implemented, that that would all become moot? WALLACH: In fact, the way to look at the WTO as compared to the GATT, that the WTO is -- it sets constraints on government action in a wide-array of areas and in the areas laid out in my testimony, particularly the ability of policy makers to differentiate goods, not on the basis of where they're from -- no you must not discriminate --but on how they were made has also been taken away under GATT, Article III. And now 12 years of jurisprudence. It's the same jurisprudence that for instance lost our Marine Mammal Protection Act. Tuna is tuna. It doesn't matter if it's killed -- if it's caught and whether it kills dolphins, or whether it's dolphin safe. And to be very explicit about the child labor point, in fact in 1993, when the Uruguay Round was being debated U.S. Senator Metzenbaum and I believe at that point U.S. Senator Harkin had the Congressional Research Service review a piece of legislation they were about to introduce after the State Department had informed that their child labor ban implementing the existing rules of the ILO, for U.S. -- for the U.S. market was a violation of GATT. And there's a CRS memo of 1993 making very explicit that in fact such government actions are forbidden. And to add to it is a complicated matter. There is, under an exception generally of GATT relating to national security, some specifically enumerated things on which you can take actions that would otherwise violate the trade rules. And because child labor, forced labor, slave labor is not specifically enumerated, while many other things are, the interpretation in the trade bar, and as well by CRS, is that those things are specifically permitted. SMITH: So, a perverse outcome of this could be that the Chinese government or other governments that routinely use sweat shops, underpay their people, don't have any kind of working conditions that would even come close to comporting with international ILO-type standards, they would be in the offensive protagonist position of bringing action against the United States or any other power or country, that sought to protect basic human rights. Which makes this issue even more ominous than some of us have realized. I mean that final point that you make -- I've been introducing child labor bills with sanctions for years only to have the administration to say they just as a matter of policy, disagree with sanctions. Page 417 of 705 © 2009 Factiva, Inc. All rights reserved. But now you're saying that we would liable to activity within, within -- under the auspices of -- over WTO. That is frightening. WALLACH: I will submit for the record the CRS memo. I've also done a more detailed legal analysis of it, but by way of extension for instance, the ILO treaty -- and I have to mention this because this wins the hypocrisy of saddle (ph) award (ph) -- the ILO treaty that was signed with great trumpets and banners on the abusive forms of child labor at the Seattle ministerial is -- the implementation of it is a violation of the WTO. And in fact the government of Pakistan has an information demarche -- not an actual filing of WTO but a state-to- state cable of some legal significance -- has noted that if the U.S. were to ban importation of child labor products, it would take action. And the way that this works, as some of my colleagues has mentioned, is the WTO is simply an enforcement body for their now 800 pages of regulations. The GATT is now just one of 18 of the agreements that's enforced. And the WTO's enforcement system operates such that any government who's a member, which if China were to be admitted would now include China, may challenge the law of any other member government as going behind the permitted constraints of the WTO rules. And that decision is then made before a tribunal of three trade lawyers. They know basic due process rules. There's not conflict of interest rules for the judges. There's not outside appeal. WALLACH: And unlike any other international institution, where typically decisions are made by consensus to move forward, so you sacrifice sovereignty, but you're not bound unless you agree, under WTO these tribunals decisions and automatic train (ph) sanctions for countries who refuse to remove the laws these tribunals say are WTO violations occur absent unanimous consensus to stop. Which means 135 countries, 136 if China were to come in, including the country that's just won -- sacking some U.S. child labor ban -- has to agree to stop, or automatically the WTO procedure puts in trade sanctions against the county that tries to keep a ban on child labor. So, for a public citizen's perspective, we say that China should not be allowed into the WTO. And in fact as one of the organizations that helped organize for the past year towards Seattle, we've organized nongovernmental organizations around the world, because the WTO actively undermines the status quo ante as compared to empowering improvements. SMITH: It would appear -- and this is going to bear, I think, much more scrutiny rather than the very quick, knee jerk, let's on and ratify all of this that we're getting from the administration. I mean to this date I have to see the fine print -- I've only read summaries that CRS was able to garner from the administration about what the agreement actually is. Perhaps you've seen it, but I've been unable to get it. Page 418 of 705 © 2009 Factiva, Inc. All rights reserved. And yet we're being told that the mobilization to try to politically get this fully moved forward by Congress, in terms of permanent MFN, is being mounted with a scintilla of information about what the consequences will be for child labor, prison labor, workers' rights, human rights and all of the rest. This is really a cauldron that has to be very, very carefully inspected, and I think your testimony, and all of your testimonies have been very, very helpful in that in regard. Let me just ask with regards to independent trade unions. And again, any of our witnesses who might want to respond to -- Mr. Wowkankech you might want to respond as well. There have been petitions to establish new and free trade unions. Beijing has not approved any. What are the prospects for the establishment of independent unions? And will there be any impact by WTO, or will that help, hinder, be neutral? Does it actually embolden the hardliners that now they have even less to worry about in terms of international repercussions? Are trade unions more or less likely? Mr. Wowkanech. WOWKANECH: I think that the establishment and the right for people to form unions is one of many issues that the labor community is looking at. I mean, we're kind of partners here with the rest of the environmentalists, the human rights people, and everything else. And it's just not a, you now, take one component and forget about everything else. Prison labor, child labor -- I think that what we favor is that a minimum code of international ethics be put together encompassing all these issues, and the right to form or be a member of a union is just one of many of the staples that must be in the package. SMITH: Ms. Wallach. WALLACH: As a legal matter, under the 18 agreements enforced by the WTO, there is no floor of conduct regarding human rights or labor rights. There are only ceilings. So, there is not treatment of workers that is too squalid to require a trade sanction. But if a government tries to go above what is permitted in the instance, for instance, of banning, for instance, child labor and keeping the product out of market access, it's just totally you can't do any of that. But another example is right now under WTO the government of Canada is at WTO challenging the government of France, which has now implemented a workers safety ban on asbestos. And under WTO rules, in GATT-ese, the Technical Barriers And Trade Agreement, under the TBT agreement, in fact a country's international rights to deal with asbestos does not include a ban. It only includes regulation in Page 419 of 705 © 2009 Factiva, Inc. All rights reserved. labeling. And so Canada is using the WTO rules to set up this fundamental workers' safety right. In France, it's a violation. And if, in fact, the tribunal just goes straight on what the rules are, the French law, which many of us in many countries have this law, will be struck down. If they take a political approach to let off steam, maybe they will let it slide. But in almost any area of workers safety, of organizing, et cetera, there's a ceiling of activity. And as a practical matter, if you wanted instead of having a ceiling, to have a floor, it's really quite simple what you would do. You would set up as a condition of market access for goods in international trade, a system of conduct. So, in the same sense that, for intellectual property, you cannot bring something into this market unless it has a certificate of compliance with a trade-related intellectual property agreement, you would have to have a certificate of compliance of, for instance, the basic ILO agreements, the multi-lateral agreements on environmental agreements, et cetera. And it would just be a customs matter to set the floor. And it would be a condition of market access. SMITH: Let me ask Mr. Wu, the MOU, which we have all roundly criticized and have hoped would be beefed up and made real for years, it begins with a -- under the Bush administration as a -- however well intended, certainly a Swiss-cheese type of document that allow the Chinese government to do the investigations, to tell us when and if we could actually investigate a laogai for prison makers that are exported. And unfortunately, the subterfuge continues under the Clinton administration and, as I pointed out in my opening comments, we've had no compliance really. And I myself was actually in a Beijing prison number one with Frank Wolf, and we raised the issue of what we actually got from that and it was Joe's (ph) shoes and some socks that were being exported and made with Tiananmen Square activists who were in that prison. Yes, they took action but we very seldom have access to these -- to these sites. And the information is so hard. But your Laogai institute has done so much to try to document this. What do you see as the progress that is being made to, one, rewrite that MOU so that it's stronger and has real teeth, and how has the threatened, in your view, by this WTO fight that's undergoing right now? WU: Mr. Chairman, you know there's two memorandum of understanding between United States and communist China. And actually there are no real teeth over there. Particularly in the last couple two years, there's no activities was happened. The American government, from my view, didn't want to see anything, you know, disturb the relationship between the United States and China. They just wanted to Page 420 of 705 © 2009 Factiva, Inc. All rights reserved. ignore that. And just in my statement I very clear said we are back over here and tell the truth. And we can give you so many example, so many products, include something like Jack (ph) show you that baseball caps and all kinds things continually come to United States. And from today the American musician actually didn't do any serious action, try to enforce the law or implement the law. And I think, according to WTO principle, forced labor should be a major issue. I will say while memorandum of understanding, we use the word MOU, we say this is "meaning of useless." Thank you. SMITH: Let me ask Mr. Rickard, you point out and I think -- you know Amnesty is forever trying to -while you accurately and very tenaciously report on abuses, you always have some positive thing that you hope will happen if the brass ring is seized. And you did it again in this testimony, when you asked "without question, the period between now and the congressional debate on the China deal represents an opportunity for the Clinton administration to demonstrate that the tree of engagement can bear fruit," and you name three specific things that you hope might happen. I'm sure there are many others you hope will happen as well -- the review of convictions of every person serving a prison sentence for counterrevolutionary offenses, dismantle of the re-education through labor system, and ratify and implement international human rights treaties. Could you expound on that optimism? Do you have a realistic hope? Do you think the administration will say, Now we're serious? Yesterday was pointed out in the -- one report that we have threatened to get tougher in our reportage on human rights. That would probably be in the country reports on human rights practices. But you wonder -- and you may bring a resolution in Geneva -- whether or not rhetoric now has any currency with the Chinese. But you give three very specific things. Do you think the administration will try? RICKARD: Well, I'm sure the administration will try. In response to the question of whether or not there's reason for optimism, in candor, very little. Quite the contrary for two -- at least two reasons. One, I defer to other members of the panel who are real experts on China, but it certainly seems to be that there has been a pattern of the Chinese government actually going out of its way to make very public points that can't be ignored, that we want to make it clear we're not doing anything on human rights to move forward. And we want to do this so obviously, so publicly that you can't really fudge the issue. Page 421 of 705 © 2009 Factiva, Inc. All rights reserved. I think the -- during the period in which the president's executive order linking human rights to most favored nation status was in effect, it really did seem like the Chinese government was saying we really want you not to be able to say, with a straight face, that any progress at all has taken place. And I must say the one thing about that whole debacle that you have to give a certain amount of credit to the administration for, was that in fact they didn't try and fudge that and they said: No there hasn't been any progress. And if we were going to implement the executive order, we'd have to revoke MFN. And so instead, we're just going to back down. And they were up front about it. But I think when they (inaudible) state visits, when they tell the president of the United States whether or not he can or cannot bring with him, as part of his official delegation, senior State Department officials, the president's representatives -- like the director of the Policy Planning Department, who was also his designated special representative on Tibet -- when the Chinese government says in a very public way what reporters can and cannot accompany the president on this trip, when Chinese police arrest and severely beat someone who -- for speaking with an American human rights official, right at the moment that this issue was being considered, you know, it's either an unbelievable series of coincidences or there's a concerted effort to say both externally and perhaps more importantly internally, "Don't think we're loosening up or we're giving anything away about this." And the second reason why I don't think there's a lot of reason for optimism, one hopes -- and it is a moment when there ought to be some leverage -- but the other reason is that, as I mentioned in my testimony, there's some reason to think that the Chinese government knows very real that in order to live up to its end of the commercial bargain here, there's going to be tremendous social disruption within China. They're going to have to cut tariffs, they're going to have to face, at least some more competition from external competitors. And it's precisely the moment that the Chinese government is going to be less willing then ever to tolerate independent entities, the independent trade movement. So the perverse effect is, that in the short to medium range, there's every reason to think that there's a powerful incentive for the Chinese authorities to clamp down, you know, as tight or tighter than ever, because they are anticipating a period of social disruption and unemployment, which we see in many other circumstances with international financial institutions, the International Monetary Fund. The fact is -- and I don't think really anybody disputes this --that some of the things that the IMF requires of governments are paying for medicine and they cause social disruption. I mean, you know, you have to cut back subsidies on bread and fuel and cooking fuel and things like that if you -- people are going to be very unhappy about that. Page 422 of 705 © 2009 Factiva, Inc. All rights reserved. And in many countries around the world, you know, dictatorial governments and military dictatorships are in a much better position to do the things that the international financial community and business community is asking of them. And they can be very destabilizing for democratic governments in some of these situations. And -- just make a last point and then stop. I think Mary Beth's point about the World Bank having the procedure where some of these issues can be raised, is very profound. Because it took a decade, and the World Bank fought the idea, that environmental considerations had any relevance whatsoever to their mandate. This is totally outside of our mandate, you want us to use our financial power to achieve other objectives. And what do we say now? We say, environmental considerations is a part of good banking. And if we don't take these things into account, we're going to make bad loans that don't promote sustainable development and that don't actually add overall to the productivity. This is in fact, a very important consideration, and they're beginning to have that rubric about governance issues. You know, what's the point of loaning a government, you know, $2 billion if at the same time that they're supposed to be putting it into hydro projects or whatever, they are out purchasing $2 billion worth of additional arms with which to repress their own people. That's not good banking. You know, you wouldn't make that kind of lending on commercial terms. So the question is, you know, why is it that in the World Trade Organization -- you know this idea that anything other than these commercial terms are absolutely anathema -- and I just have to say, particularly in light of Lori's testimony, that the more I hear about the World Trade Organization, the more I'm astonished by it, particularly of someone who went through the wars this past year, what would they propose to international criminal court? The (inaudible) international criminal court has unbelievable safeguards, unbelievable conflict-of-interest rules: appear rights, left and right, you know, opportunities to confront witnesses, you know, et cetera, et cetera, everything's public, you know, et cetera. Now there's a difference of course between a commercial governmental entity and a court that's deciding on criminal penalties for individuals. And it's appropriate that there be very, very, very high safeguards. But they're there and they were fought over, and even with all of those, many people find it unacceptable. And the idea that three judges, you know, with no public disclosure, no conflict of interest rules, can make determinations that, you know, effectively circumvent the collective judgment of the Congress, is -and again, speaking outside my amnesty portfolio --astonishing to me as an American citizen. Page 423 of 705 © 2009 Factiva, Inc. All rights reserved. WALLACH: The only thing I would add to that is as a legal matter, to the extent there is some moment from this whole opportunity to use leverage to extract some concrete progress, it's actually on the making of the biological accession agreement. So for any country to get into WTO, there are two different processes. There are negotiations bilaterally between the big WTO members and the new entrant as to the terms, almost all of which are multilateralized, they become part of the legal document of that country's commitments and obligations under the WTO. But also, as we saw, there are some side deals, "We will buy X bushels of grain," or whatever, as a sweetener. And yet, it's at that moment basically to obtain the support of a country in the vote to have a country accede, that a variety of different potential objective accomplishments can be demanded. And in fact, I suspect that the crowds in Seattle increased by 20 to 30 percent merely on the talking-thetalk business about "we're going to put human rights and labor rights -- a human face in the global economy," in contrast to the moment having come, gone, and been missed of the administration having that short moment of leverage to list "your three things and a handful of others," and just didn't do anything when the talk had to turn into walk. SMITH: I will yield to my good friend in one second. I just -- you've seen the U.S.-WTO summary. Have you been able to look at, any of you, the actual agreement? You know, the way I read it, and I looked at all the bullets in the summary, it's "provide full trading and distribution rights, cut tariffs from an overall average of 22.1 percent to 17 percent, establish a tariff rate quota system." I mean, obviously there's nothing in here about human rights, and it is a missed opportunity. Even tangentially to have brought in what Mr. Rickard had said, on those issues, it was a moment of opportunity that seems to have been squandered, and that's most unfortunate. WALLACH: Well, and to add to that, I think part of the reason why -- and my friend from labor could speak to this with an official position -- but from having read -- as many of us have in the press and also in the statements of the AFL-CIO President Mr. Sweeney -- the big issue about China and the WTO is, to the extent the WTO can ever be fixed, pruned back in its excesses and some balance in human rights and labor rights added in, it's not going to happen when you have China, which has avowed, if it enters, to make sure it is the 800-pound gorilla that stops any such thing. It will never happen. SMITH: It's like a computer virus getting into the system. They will then be pro-actively trying to excise human rights and workers' rights for themselves and anyone else. Page 424 of 705 © 2009 Factiva, Inc. All rights reserved. Excellent. Mr. Faleomavaega. FALEOMAVAEGA: Thank you, Mr. Chairman. With all the problems that we have all been informed through the media and the press concerning their recent WTO ministerial meeting in Seattle, I kind of like to think that there is a blessing in disguise, the fact that the WTO has also exposed to the international community some very fundamental issues that either the countries have neglected to address -- which is simply kind of put it under the table, not wanting to discuss these fundamental issues. So I think there's been some pluses, as far as the WTO is concerned. I know members of this committee and other members of this body have debated quite actively the concepts of free trade and fair trade. I can say for quite a number of my good friends and colleagues here on the committee who are great advocates of free trade, but when you add the word "fair" to it, then it changes the whole picture as far as what free enterprise is all about. There's also a perspective that I think to consider about the Golden Rule: He who has the gold makes the rule. And I kind of like to think that on the WTO, we have the European Union, you got the United States, you've got NAFTA with Mexico, we have Japan and we have China, and I suppose because of other serious situations with India and Russia added, you're getting to a real interesting situation and I'd like to ask the members of the panel for their perspective. How do you tell corporate America not to go to not just China, any Third World country that pays 10 cents an hour in labor wages, and to suggest that corporate America goes over there because this will help the economy of that country -- but does it really? I raise the question because I think in the heart and soul of the very issue that really has never been properly exposed for all those years to the GATT, and like what Ms. Wallach has stated, now it's to the forefront. Now we're talking serious now environmental issues, we're talking serious labor issues, we're talking serious about slave labor, we're talking serious about child labor issues. And it isn't just with China. It is with these 135 member countries that supposedly make up the WTO. How are they going to resolve these fundamental issues before even talking about trade? We're talking about trade, but we haven't even gotten to the meat of the issues that some of you have raised quite Page 425 of 705 © 2009 Factiva, Inc. All rights reserved. eloquently in our hearing this afternoon. And I for one am very concerned. We can talk about free trade and the principles of capitalism, and to say that millions of Americans are stockholders to Wall Street and every other stock exchange that we have here in our country, with a $1.7 trillion budget a year that no comparison to almost all other countries of the world. How do you bring a sense of fairness and equity, if we are ever to look at WTO as the organization that is going to give or respond or answer some of these fundamental issues that I've raised? And I want to thank Ms. Markey. Yes, that was one of the most eventful experiences in my life to drive -and by the way, driving for three hours to Dharamsala is not my cup of tea, if you will, but it was a real experience that I've had to meet personally with the Dalai Lama, getting a real sense of spiritual understanding and appreciation for what the Dalai Lama and the good people of Tibet are having to struggle with, and I appreciate your mentioning that. And I would like to have some expertise on this and these... WOWKANECH: With all due respect, I don't know how much expertise. It's more of a -- just a recommendation that's been developed over some seven or eight years, which I indicated in my testimony, where we've lost close to a half million jobs primarily from American companies doing exactly what you're talking about. I think the situation that we're faced with here today -- again, in my opinion, nothing official -- is that there's not one magic brush that's going to cure all these ills. I think a number of things have to be put in place: an international code of ethics. You're right. Your workers in China and Burma and the other countries, they're not going to come up to the type of minimum wage or livable wage that the Americans need in this country. But the Americans I think would understand that, and I think if there was some type of a percentage where the percentage of the American livable wage or minimum wage was the same in China, at least it would be fair competition. You're not going -- but I think the American -- what the Americans want to do, or the American government, should be to the raise the boats of all countries to our level, not to take what our parents and our parents before them has built up so that now our position that we have to now go down to that level, we can't do that. We can't do that and pay our taxes, pay our health care bills, send our kids to college. We can't do that. That's a catastrophic force. So I think it's a number of things. I think some sort of an international code of ethics, I think basic thresholds, have to be established in terms of a living wage, human rights, environmental rights, health Page 426 of 705 © 2009 Factiva, Inc. All rights reserved. and safety standards. But the other suggestion that I had for the chairman -- and I don't know if you missed it in my testimony -addresses -- attempts to address your question on American companies. And as I said in my testimony, I'm not a corporate killer. I've worked with every major corporation in our state to make sure that they stay there. I believe that we must be a partner with the political community as well as the business community and that we're kind of all in this together. Once you try and do something on your own, you're in trouble. What I am seeing firsthand -- as you've seen by the corporate salaries and the packages and the things that are going on in this country today -- that it's kind of like the honor system in West Point: It didn't work. And the honor system in corporate working isn't working. And I think there has to be some public policy developed. And I offered a suggestion to this committee of something that we developed in New Jersey. It would be called a federal industrial retention commission, and the commission would be empowered to review and investigate any plant closings, mass layoffs of American companies due to relocation of jobs in these other countries. And it's -- if it's proven that they have gone just to circumvent paying the wages and exploit other workers in other countries who have no human rights, who have no right to belong to a union, who have no health and safety, have no environmental concerns, then that company must pay restitution. Because what we've seen -- and if you could see our map of our state of New Jersey, as I said, we have seen entire communities where this American company was the major employer between -- you know, property taxes, payroll taxes, health care to the employees, and all of a sudden their gone. We just had that situation with the Anheuser Busch who shut down a plant in our state, about 300 workers less than two weeks notice before Christmas, and he's paying workers in Mexico $7.50 a day to make his bottles that come back in this country for American consumption. WOWKANECH: So I think the idea -- it's just the idea, and it could be critiqued with some of your expertise and the panel's, is that we need some sort of a commission that says, "If you're going to do that and you're going to decimate a community and load up the welfare rolls and the state" -- and now all those workers who had health care don't have health care, and in our state we call it charity care, which is paid for by a variety of surcharges based on the people that are still working -- there has to be restitution. These companies cannot go scot free. And that's -- probably only two things -- leads to the other things that are put in place, but I think that's a big one. And it's just based on -- as I said, the honor system did not work for West Point, and it's not Page 427 of 705 © 2009 Factiva, Inc. All rights reserved. working in corporate America. The most important thing is that about 45 minutes from now on the stock exchange when they hit the bell for the last time is that their number is higher than it was the day before, and that's the sad truth of what's going on here. WALLACH: Well, first, just to put some numbers to your observation. The five-year record of the WTO in effect has actually resulted in increased income inequality as between countries, but also as within countries. And that's data from the World Bank; that's not data from some progressive institution on economics. As well, the UN reported that for the countries, developing countries, that have most quickly adopted WTO rules, their real wages have dropped most severely, even while their macro-economic growth has increased. So if you look at not the external indicators like a stock market but what it's doing to people's lives, in a broad sense, this particular version of rules -- because this clearly isn't free trade, you'd have one page that says no barriers. In some place Adam Smith and David Ricardo (ph) are rolling in their graves because this is managed trade, but it's just one version of it. The thing that you could do -- and there are two approaches to fix it, I mean, this is a broad-brush of it -but either the WTO needs to be pruned back to eliminate its constraints on existing capacity of the national, state and local government to take actions to deal with these issues -- and then it's a smorgasbord of different policy options, many of which are currently not allowed under WTO rules, but for instance, to set up non-discriminatory, i.e. you treat foreign and domestic goods the same but process standards, i.e. environmentally sensitive ways of production. That's the rule, it's the floor. Or, no child labor; that's the rule. And each country has the right then to set the terms for the access into its own market with a basic trade principle that's been in existence for 50 years of GATT, of you don't discriminate just because of where it's made but rather on the set of values that you're going to regulate your market on, and then you hold your same producers to the same standard. But under the current system, as we've heard from our friend from labor, the guy who does it right -- i.e. the company that wants to pay a wage, pay a benefits, et cetera -- gets clobbered. I mean, they're going to out of business or they have to go overseas, and I've heard that time and time again from the owners of companies, many of whom have been generation after generation in this country, and under this set of rules are put in a no-win competition. So either we can prune back the WTO so as to facilitate countries Page 428 of 705 © 2009 Factiva, Inc. All rights reserved. being able to take those measures. Alternatively there can be things added to the WTO to set up within the WTO a floor of conduct that becomes an international standard as a condition for market access. And as I described before how you would do those, literally the model is to use intellectual property rules. You literally would have to have a certification of meeting X, Y or Z criteria, and then it's enforced as a customs matter, which to the extent the U.S. has ever attempted to enforce through GSP or anything else any labor rights, you end up doing it as a customs certification. I think that as a matter of international politics, the likely next step is the pruning back option, where both the developing countries and the rich countries would be re-empowered to make more decisions on their own, according to their people's needs, and would be liberated somewhat from the constraints of the WTO as compared to -- for me there are many sovereignty issues raised if you try to actually change the country's conduct. It's a different matter if you're changing the conduct relating to a good international commerce. Thus a Malaysian fisherman who in his boat gets two pounds of shrimp to take to his local town's market would not be required to comport with the international environmental agreement that, for instance, would be put on the shrimp trawler that the Malaysian government -- a factory trawler that the Malaysian government has purchased to send exports to whatever other markets. And that is a -- certainly a first stop would be to prune back whether or not down the road it's possible to add a floor. But absent that, the trends around the world are very clear. And to the extent there was so much passion in Seattle, it was because the outcomes are simply intolerable. I mean, in the U.S. we have an enormous amount of job creation, but our Department of Labor lists the top four categories of job creation is cashier, waiter and waitress, janitor and retail clerk. I mean, we haven't caught up in the U.S. with real wages since 1972 and with -- you're likely the winner. When I meet with my coalition partners from around the world in Seattle and they say, "Well, we're taking it in the shorts, but wish you guys are doing well." And they say, "Hey, look at this data, this whole system needs to be replace." FALEOMAVAEGA: Thank you very much. I appreciate it. Mr. Chairman, Mr. Rickard has a comment. I realize -- I mean, it's simple -- easy for me to ask the question, but realizing also the complications that everyone of those 135 countries have different set of economies, you've got a different standard of living, Page 429 of 705 © 2009 Factiva, Inc. All rights reserved. you've got a different governmental system. I'm sure my good friend Rob Rocco (ph), who was here earlier, would have said that we're giving up a lot our sovereignty through the WTO, which I don't -- I fully agree and to a large extent I don't want a foreign - or a separate organization telling my country what to do, especially if it involves in our national interest in some of those areas that -- you can talk about fishing too. I mean, I just was -- just wanted to see if perhaps those were advocating very strong for WTO and just give him a chance to see where they might end up in their dialogue. You quite obviously -- the have's and the have-not's do not agree on some of those fundamental issues and the reason for the collapses. And I tend to agree with Ms. Wallach that maybe we ought to start piecemeal -- I think we're trying to grab too much at one time -- that maybe in some instances and in some form of categorizations in terms of how each of the countries' economies are functioning and maybe work it through that kind of a system. But it all comes down to the simple word, is "fairness." How you draw the line, and what's fair for one country may not necessarily be fair for our country. And so our country, having the highest standard of living, highest cost of living, highest everything, it doesn't necessarily mean that our people working here are getting the best deal. And I think that's something that certainly I'm sure the chairman is quite cognizant of, and we're trying to find solutions to these very fundamental and basic issues. I want to thank the members of the panel, and thank you, Mr. Chairman. SMITH: I thank my distinguished friend from American Samoa for his faithfulness to the United States (ph) in general and for doing all that he can do. Whether it be Indonesia or China or any of the countries that we deal with, he is always in the front. Let me just make one final comment, and you might want to respond to it or just leave it as a comment. One of the aspects of political life -- and I've been in this 19 years as a member of Congress -- that I have really no respect for and zero tolerance for, and that is self-serving theater. We saw it Jiang Zemin came in, first when he made his trip to the United States, that they were going to sign the international covenant for civil and political rights, and he got kudos almost ad nauseam for that statement, and there's been, as you pointed out, Mr. Rickard, no implementation. It was a very cynical -- thus far -- gesture. It brought them an enormous amount of good will. And there are many politicians, Republicans and Democrats, who engage in that kind of practice as well. Not to make this a stretch, but I have a cynical sense about the signing and the timing of the signing, the Page 430 of 705 © 2009 Factiva, Inc. All rights reserved. air time, of the abusive forms of child labor during the Seattle conclave. As we all know, that was agreed to six months ago, approximately half a year ago, and it doesn't take effect until the requisite number of countries see to it, and then I think it waits a year. This should have been the first signing (ph) of the blocks with pen in hand to agree to that, and yet, it waited until there was a venue that leant itself to some political outcome. I'm not sure if it was done to colloquial or for sheer political selfishness. But it's that kind of thing that I think gives union rights a bad name, especially if -- as has been pointed out, which I did not realize until this hearing -- the perverse outcome that this WTO agreement could completely undermined that convention and any other like-minded treaty or obligation. You might want to comment or not, but it's just an observation from the chair, at least, that that kind of thing has got to stop, whether it be done by Republicans or Democrats. Don't be so cynical. If this was a political deal, let us know it. Don't try to give a highfalutin' venue to it, because there are kids who are suffering every day, anywhere from 100 to 209 kids from abusive child labor --from child labor, and the abusive number would be smaller probably, but certainly many, many children, and their lives and the future should never be played with in such a cynical way. Mr. Rickard, yes? RICHARD: Well, I don't think that there's much doubt that the administration saw this as a good opportunity to do -- to talk about that convention at a high-profile setting where there was going to be a lot of criticism of globalization. Now at the same time, I have to say that, you know, it's not every day of the week that the administration rushes through to move forward on a really, really good human rights development, and I have to say that I think that the new ILO convention on the elimination of the worst forms of child labor is a good development. The -- you know, I think one of the reasons it was able to be done so quickly was because the convention enjoyed the ILO in general, and the convention enjoyed the very strong support of Chairman Helms, which, you know, we unfortunately have not been able to move other human rights treaties, like the women's convention, which has languished before the Senate Foreign Relations Committee for more than five years now. But this was one where there was very broad bipartisan support. Senator Hatch, who has always been a big supporter of the ILO, for understandable reasons -- the ILO is one of the reasons why the solidarity movement survived in Poland. Page 431 of 705 © 2009 Factiva, Inc. All rights reserved. So, yes, you know, the signing of that in Seattle, or the high profile that was given was a part of political theater. At the same time, it's a very good agreement. It doesn't -- it didn't go as far as Amnesty and others would have liked to have seen in addressing the issue of recruitment of child soldiers, but at least did take a positive step in that direction, prohibiting coercive recruitment. It still permits voluntary recruitment below the age of 18. So, yes, it was theater, but, you know, at least it -- it's an ill wind that blows no good. A good human rights treaty moved very quickly. One point I'd like to identify with is Ms. Markey's comments about what went on in Seattle. Amnesty just completed a year-long campaign on human rights issues in the United States, and I think, you know, we do need to be aware of the fact that there are, you know, tremendous excesses and abuses of power in this country as well. So I completely agree with that, and it's something that needs to be looked into. At the same time, I'm sure she and you will join me in, you know, disgust at the Chinese government's saying what happened in Seattle in any way remotely equates with what happened in Tiananmen Square or what happens, you know, virtually every day of the week in Tibet, in Shinshong (ph), in other parts of China. And so my response would be, if you ever get to the place where you have the kind of abuses that took place in Seattle, but people have the freedom to organize, the freedom to protest, where there's going to be the kind of investigations and follow-up that there will be in Seattle, where groups like Amnesty and Public Citizen and the International Campaign for Tibet are free to raise these issues and come before Congress and challenge the behavior of the Seattle police department. We'll continue to complain about what happened in Seattle, but we'll throw a party for you because you will have made astonishing progress to have gotten to that point. SMITH: That was excellent and well taken. Are there any further comments from our witnesses? I'd like to thank you for your very, very insightful comments to the committee. This is the first in what will be a series of hearings on this issue. And I think now more than ever we need to get this information out so that there's not a quick a cursory review of what the issues are and the implications from those issues, the consequences. I wish -- Ms. Wallach, I think you pointed out so well, there's things that all of us are in a learning curve on, and that's why we do have hearings like this. The information will be widely disseminated among the Page 432 of 705 © 2009 Factiva, Inc. All rights reserved. members. And I do think it will have a very, very real impact on the outcome as we go forward. So I want to thank you for your very, very timely information that you have imparted to us, and the counsel and wisdom that you have given us. Thank you. The hearing is adjourned. Document chts000020010826dvc6000qu Page 433 of 705 © 2009 Factiva, Inc. All rights reserved. EU/US - SUPREME COURT TO EXAMINE MASSACHUSETTS BURMA LAW. 797 words 4 December 1999 European Report EURREP English (c) 1999 European Report. The United States Supreme Court has agreed to review a law by the state of Massachusetts that restricts state purchases from companies that do business with Myanmar in a case about trade limits to protest human rights conditions in foreign nations. The Court said it would rule on the constitutionality of the 1996 Massachusetts Burma Law, which was adopted in response to widespread human rights abuses by the military regime in the South-East Asian country. The European Union is fiercely opposed to the law, but has agreed to suspend its World Trade Organisation dispute panel on the issue while the law is under review. The case has far-reaching implications as a number of other states or cities adopted similar measures in the 1980s and 1990s involving Myanmar and other foreign nations. The 'selective purchasing law' directs state officials to publish a list of companies doing business with Myanmar, formerly known as Burma, and restricts the ability of those firms to sell goods and services to Massachusetts agencies. The judges said on November 29 they will review a US Appeals Court ruling that struck down the law as unconstitutional because it interferes with the federal government's exclusive power to set foreign policy and regulate foreign trade. The Supreme Court will hear arguments in the case in early 2000, with a decision due by the end of June. The law effectively barred firms that do business with Myanmar from doing any business with Massachusetts and its state agencies by adding 10% to any bids received from such companies. The law made exceptions for purchases of some medical devices, for news-gathering companies, and for international telecommunications companies. The state adopted the law because Myanmar's military dictatorship has been accused of drug trafficking, torture and using slave labour. Massachusetts Attorney General Thomas Reilly defended the law in his appeal to the Supreme Court. He referred to a long history of using boycotts and so-called selective purchasing laws to support people's rights around the world. State officials compared the action against Burma to a myriad of laws passed during the 1980s against South Africa, and asserted "nothing in our federal Constitution denies to the states the right to apply a Page 434 of 705 © 2009 Factiva, Inc. All rights reserved. moral standard to their spending decisions." The law closely resembled the private boycotts and scores of divestment and selective purchasing laws adopted by state and local governments nationwide in the 1980s to protest against apartheid in South Africa, Mr Reilly said. He said the appeals court ruling cast doubt on similar laws adopted by about 20 cities involving Myanmar as well as a number of state and local laws concerning Cuba, China, Northern Ireland, Nigeria and other countries. Supporting Massachusetts are 14 other states, a number of cities with similar laws and a bipartisan group from Congress consisting of one senator and 54 members of the House of Representatives. Although the court case centred on the issue of federal against state powers, the Clinton Administration has pledged to defend the state law before the WTO. The EU is equally opposed to the Myanmar regime and has imposed its own sanctions on the country, but is also against any extra-territorial measures third countries may take to punish individual investors and traders. The EU and Japan lodged a complaint against the Massachusetts law at the WTO in 1997 saying it violates Articles VIII(B), X and XIII of the 1994 Government Procurement Agreement, signed as part of the Uruguay Round of global trade negotiations, which stipulates that government procurement decisions - including at the state and local levels - must be made on economic grounds only. In October 1998, WTO established a dispute panel, but in February this year, the panel agreed - on the EU's request - to suspend its proceedings. The EU has also been involved in the US court process, submitting an amicus curiae brief to the Massachusetts District Court. -Following a European Commission investigation into human rights violations, the EU in October 1996 adopted a common position on Burma under which all military personnel in the EU Member States were expelled and an embargo was put on munitions and military equipment. The common position was reaffirmed in October 1997 and extended to include a ban on EU entry visas for senior Burmese officials and military officials impeding Burma's return to democracy, and suspension of all bilateral high-level official visits to Burma. In March 1997, the EU suspended EU tariff preferences for Burma's exports of potentially tens of millions of Euros of industrial and agricultural goods. They will remain suspended until democracy and human rights are restored in Burma. With the exception of humanitarian aid, all other programmes are suspended.-. (c) European Report 1999. Document eurrep0020010905dvc4003zr Page 435 of 705 © 2009 Factiva, Inc. All rights reserved. DIARY - Political and General - to November 11. 1,734 words 8 November 1999 07:02 PM Reuters News LBA English (c) 1999 Reuters Limited LISBON - Government to present adjustments to its 1999 budget in the second half of November to take account of a number of factors, including commitment to aiding East Timor, Portugal's former colony which recently voted for independence from Indonesia. TUESDAY, NOVEMBER 9 JERICHO, West Bank - Palestinian negotiator Saeb Erekat and Israeli counterpart Oded Eran discuss implementation of outstanding issues in interim peace deals. PARIS - Israeli Prime Minister Ehud Barak, Palestinian leader Yasser Arafat speak on second day of Socialist International meeting 0830 GMT. LONDON - Arafat arrives at London's Heathrow airport 1400 GMT, meets Archbishop of Canterbury at Lambeth Palace 1600 GMT, signs agreement with gas group BG for Gaza gas exploration 1700 GMT, meets Prime Minister Tony Blair 1745 GMT, has dinner with BG 1930 GMT. HANOI/MANILA - Indonesia's new President Abdurrahman Wahid makes short visit to Vietnam as part of Asian tour then travels on to visit the Philippines (To November 10). BERLIN - NATO Secretary-General George Robertson holds talks with German Defence Minister Rudolf Scharping and then with Chancellor Gerhard Schroeder, followed by joint news conference. WASHINGTON - Finnish Foreign Minister Tarja Halonen, European Union Foreign Policy High Representative Javier Solana and European External Relations Commissioner Chris Patten meet Secretary of State Madeleine Albright; Patten addresses European Union/U.S. foreign ministers' meeting. Page 436 of 705 © 2009 Factiva, Inc. All rights reserved. STOCKHOLM - Nordic Council meeting 0915 GMT; prime ministers present reports, plenary debate; Nordic defence ministers' meeting (To November 17). TBILISI - Pope John Paul concludes visit to Georgia. BELGRADE - Serbian parliament to discuss a proposed government reshuffle, several proposals for changes in laws on taxes, property taxes, income taxes for companies, a local government law and a bill on special rights and duties of the President 0900 GMT. BERLIN - 10th anniversary of the "fall" of the Berlin Wall. East Germans on foot and in cars began arriving in West Germany and West Berlin only hours after the East German government threw open its border to the West. European Parliament President Nicole Fontaine gives speech at 1999 Berlin European Youth Festival at the Culture House 1200 GMT; meets Chancellor Gerhard Schroeder at Festival to commemorate 10th anniversary of the fall of Berlin Wall 1830 GMT. THE HAGUE - Dutch and Greek foreign ministers, Jozias can Aartsen and George Papandreou, meet. THE HAGUE - Closing arguments in case of Kupreskic and others, six Bosnian Croats charged with massacre ofmore than 100 Moslems in April 1993 in the village of Ahmici, central Bosnia, 0800 GMT. Arguments continue until November 11. KIEV - The only working reactor at Ukraine's Chernobyl nuclear power plant, shut down in July for repair works, will be restarted. DURBAN - Commonwealth Medical Association meeting on AIDS: A State of Emergency - future priorities and actions. ACCRA/PRETORIA - Britain's Queen Elizabeth and Prince Philip end state visit to Ghana, travel on to South Africa. JOHANNESBURG - Commonwealth Business forum with 15 heads of government and senior ministers (To November 11). PARIS - International Energy Agency Monthly Oil Market Report. CARACAS - Venezuelan President Hugo Chavez due to meet Iraqi Oil Minister Amir Mohammad Page 437 of 705 © 2009 Factiva, Inc. All rights reserved. Rasheed to discuss plans for a summit of OPEC heads of state to be held in Venezuela on March 30. ABUJA - Canadian Prime Minister Jean Chretien visits Nigeria (To November 10). AMSTERDAM - U.N. human rights chief Mary Robinson is presented with the 1999 Erasmus University prize, awarded for social, cultural or scientific achievement 1000 GMT. BRUSSELS - Retail trade group Eurocommerce holds European Day of Commerce on "Challenges Of The New Millennium For Commerce" (To November 10). BRUSSELS - European Union industry/research ministers meet. Agenda includes: competitiveness and enterprise policy in the EU; integration of sustainable development and industry of the EU; competitiveness of EU forest-based and related industries; coal and steel industry competitiveness; situation in world shipbuilding, restructuring programmes in Germany and Spain. BRUSSELS - European Recovery Recycling Association (ERRA) holds annual symposium on European Union waste policy 0830 GMT. Sodehotel, Av. Mounier 5. Contact: (322) 772 5252. ESSEN, Germany - Verdict expected in trial of German soccer fans accused of beating French policeman Daniel Nivel after 1998 World Cup tie. KUALA LUMPUR - Energy, Communications and Multimedia Minister Leo Moggie holds media briefing on Malaysia's preparations to face Y2K situation 0130 GMT. LJUBLJANA - Jaime Garcia Lombardero, Slovenia's negotiator at the European Commission, speaks at a conference on European integration 0800 GMT. LONDON - Disasters Emergency Commitee, comprising 11 major British charities, launches Indian cyclone appeal 1030 GMT. Institute of Physics, 76-78 Portland Place W1. Contact 580 6550. LONDON - Archbishop of Canterbury's Millennium lecture. Blackheath Concert Halls 2000 GMT. YAMOUSSOUKRO - Meeting of African transport ministers to discuss air traffic rights and liberalisation (To November 14). SEOUL - Mongolian Prime Minister Rinchinnyam Amarjargal visits South Korea (Second day). BEIJING - Uzbekistan President Islam Karimov visits China (Second day). Page 438 of 705 © 2009 Factiva, Inc. All rights reserved. BEIJING - Danish Foreign Minister Niels Helveg Petersen visits China (Third day). COPENHAGEN - Danish Foreign Policy Institute (DUPI) holds "Russia-10 Years After" seminar (Final day). PLAISANCE, Mauritius - King Goodwill Zwelithini Ka Bhekuzulu from Kwa Zulu Natal, South Africa visits (Final day). WEDNESDAY, NOVEMBER 10 TOKYO - United Nations Secretary General Kofi Annan visits (To November 14). ISTANBUL - Preparatory meeting for Organisation for Security and Cooperation in Europe summit on November 18/19 (To November 17). BERLIN - NATO Secretary-General George Robertson holds talks with German President Johannes Rau and then with Foreign Minister Joschka Fischer, followed by joint news conference. STOCKHOLM - Nordic Council meeting; 1100 GMT Europe committee hears Norwegian Foreign Minister Knut Vollebaek on the Organisation for Security and Cooperation in Europe, of which he is chairman; 1300 GMT foreign, defence ministers present reports; foreign/security policy debate; 1445 GMT finance ministers meet. ALGIERS - Justice reform committee holds its first meeting in the Palais des Nations to set up its action plan for the next few months. ARUSHA, Tanzania - Trial of Laurent Semanza, former mayor of the Bicumbi commune in Rwanda, starts at the U.N. tribunal. He is accused of genocide and crimes against humanity, including incitement to rape. TEL AVIV - U.S. First Lady Hillary Clinton visits Tel Aviv University. PRETORIA - President Thabo Mbeki and former president Nelson Mandela meet Britain's Queen Elizabeth. State banquet. PARIS - Greek Prime Minister Costas Simitis meets French President Jacques Chriac. Page 439 of 705 © 2009 Factiva, Inc. All rights reserved. HELSINKI - Turkish Ambassador Ali Hikmet Alp speaks to the Paasikivi Society on "Southern Europe in Turkey's Strategic Environment" 1430 GMT. LJUBLJANA - Greek President Constantinos Stephanopoulos visits Slovenia, meets counterpart Milan Kucan. News conference 1100 GMT (To November 12). PRAGUE - European Enlargement Commissioner Guenter Verheugen visits the Czech Republic. Meets key Czech European Union negotiator Pavel Telicka 1530 GMT (To November 11). ALMATY - Romanian President Emil Constantinescu visits Kazakhstan (To November 11). BEIJING - Slovenian Foreign Minister Boris Frlec visits China (To November 14). SOFIA - 10th anniversary of Bulgarian leader Todor Zhikov stepping down as Communist Party chief and head of state after 35 years in power. BEIJING - News conference on AIDS prevention and control in China 0130 GMT. BRUSSELS - European Commission weekly meeting 0800 GMT. Agenda includes: Intergovernmental Conference (IGC); - information society: new framework for electronic communications service, next steps in radio frequencies policy, digital televisions in Europe, 5th report on implementation of telecommunications regulation; - economic and monetary affairs: procedure on excessive deficits; BRUSSELS - European Commission President Romano Prodi, European Parliament President Nicole Fontaine and European Commissioner Michel Barnier address European Parliament Conference of Presidents 1330 GMT. JOHANNESBURG - Commonwealth Business forum with 15 heads of government and senior ministers (Second day). STOCKHOLM - Nordic defence ministers' meeting (Second day). BEIJING - Danish Foreign Minister Niels Helveg Petersen visits China (Fourth day). Page 440 of 705 © 2009 Factiva, Inc. All rights reserved. BRUSSELS - Retail trade group Eurocommerce holds European Day of Commerce on "Challenges Of The Ne