Director of 186 firms fined after one company was used to launder US.36 million in scam proceeds

SINGAPORE: A jobless man who was unable to find employment during the COVID-19 pandemic agreed to act as the director for 186 companies in exchange for payment.

One of those firms was used to launder US$2.36 million (S$3.24 million) obtained from victims who had been cheated overseas.

Er Beng Hwa, a 49-year-old Singaporean, was fined S$4,000 by a court on Wednesday (Sep 27), after pleading guilty to one count of failing to exercise reasonable diligence as a director. A second similar charge was considered in sentencing.

He was also disqualified from being a company director for three years.

The court heard that Er, also known as Adrian, had a Bachelor’s degree in business and worked various jobs to earn a living in 2020 and 2021.

Between April and June in 2020, he could not find a job because of the pandemic and was unable to pay his rent and other debts.

His previous landlord introduced him to a Chinese national named Zheng Jia.

Zheng was a chartered accountant who provided accounting and corporate secretarial services via the companies Atoms Global, Zhuoxin Global (Singapore) and Panasia Secretarial Services.

He suggested an arrangement for Er to act as a local director for companies incorporated by Atoms Global for Zheng’s clients.

Zheng said Atoms Global would conduct the necessary checks on clients and handle paperwork and checking of accounts.

Other than signing documents for company registration and opening bank accounts, Er “need not do anything”, Zheng said.

Er understood that he would be a director of the companies in name only and would not have any responsibility over the actual running of the firms.

In exchange, he would receive S$50 per year for each company that he stood as nominee director for. He would also be paid S$50 if he needed to open a bank account for the company or make any trip to sign documents.

Er did not know what work Zheng or his companies did, but agreed to the arrangement.

Under this agreement, Er was registered as local director and secretary of a Singapore company called Rui Qi Trading, incorporated in August 2020.

One of Zheng’s clients, Chinese national Hou Xiaohui, was registered as the foreign director of Rui Qi, which supposedly dealt with the wholesale of industrial, construction and related equipment.

BANK ACCOUNTS USED TO FUNNEL CHEATING PROCEEDS

Rui Qi opened two bank accounts under Hou’s name, which were used to funnel the proceeds of cheating. 

These include a sum of US$1.2 million, which Texas Capital Bank was cheated into transferring in November 2020 via a spoof email scam.

The sum went to one of Rui Qi’s bank accounts and was transferred to various accounts in China, Hong Kong, India and Indonesia.

Another scam victim was German company Gasfin Development Gmbh, which received purported emails from its supplier requesting payments.

Gasfin fell for this business impersonation scam and transferred a sum of about US$176,400 to a bank account.

Of this sum, about S$237,000 was transferred to Rui Qi’s account and dissipated to other bank accounts in China and Hong Kong.

A third victim was Abu Dhabi Ports, which received a fraudulent email presenting an invoice from Bengal Tiger Line.

The company was deceived into transferring nearly US$980,000 to Rui Qi’s account. The money was further transferred to bank accounts in Hong Kong.

Police reports were lodged in Singapore over the three cases of cheating. Investigations revealed that Hou had not entered Singapore, and that Rui Qi’s bank account was opened through exploiting local banks’ remote account opening processes.

Certain processes were allowed to be done through video-conferencing during the COVID-19 pandemic.

As of January 2021, Er was found to be a director of 186 companies in Singapore. He stopped acting as a director of Rui Qi in August 2021.

PROSECUTION SEEKS FINE

The prosecution sought a fine of S$3,000 to S$4,000 and for Er to be disqualified from standing as a nominee director for three years.

Deputy Public Prosecutor Vincent Ong said it is “almost impossible to exhibit greater negligence as a director” than Er was in this case, “having absolutely washed his hands clean of the affairs of the company”.

“It is only due to his ability to point to the fact that he was effectively told to do so by Zheng that prevents his conduct from crossing into the realm of gross negligence – the facts indicate that he had been assured to some degree that Zheng would handle everything other than signing documents for the company,” said Mr Ong.

Er was motivated by monetary returns for doing “essentially nothing” in exchange for payment of S$50 per company per year, and a later employment with a salary of S$1,400 per month, said Mr Ong.

“The fact that he was a director of 186 companies as at January 2021 would have generated a return of at least more than S$9,000,” he said.

For failing to exercise reasonable diligence in the discharge of his duties as director, Er could have been jailed for up to 12 months or fined up to S$5,000.

Zheng faces charges under the Companies Act and his case is pending before the courts.

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Haikun: Taiwan unveils new submarine to fend off China

Taiwan's first locally-built submarineGetty Images

Taiwan has unveiled its first domestically-made submarine as it bolsters its defences against a possible Chinese attack.

President Tsai Ing-wen presided over the launch ceremony in the port city of Kaohsiung on Thursday.

US officials have warned that China could be militarily capable of mounting an invasion within the next few years.

Taiwan is a self-governing island which China regards as a renegade province and has vowed to reclaim one day.

Most observers believe China will not attack the island imminently, and Beijing has said it seeks peaceful “reunification” with Taiwan.

But at the same time it has warned against Taiwan formally declaring independence and any foreign support. It has increasingly sought to put pressure on the island with its military drills in the Taiwan Strait, including several conducted this month.

Following the launch, Taiwan’s $1.54bn (£1.27bn) diesel-electric powered submarine will undergo several tests and will be delivered to the navy by the end of 2024, according to military officials.

It has been named the Haikun after a mythical massive fish that can also fly, which appears in classic Chinese literature.

Another one is currently in production. Taiwan aims to eventually operate a fleet of 10 submarines – including two older Dutch-made boats – and equip them with missiles.

The head of the domestic submarine programme Admiral Huang Shu-kuang told reporters last week that the goal was to fend off any attempt from China to encircle Taiwan for an invasion or impose a naval blockade.

It would also buy time until US and Japan forces arrive to aid Taiwan’s defence, he added.

Building their own submarines has long been a key priority for Taiwan’s leaders, but the programme accelerated under Ms Tsai who has revved up military spending to nearly double its budget during her tenure.

China has yet to respond officially. But in a piece published earlier this week, state media outlet Global Times said Taiwan was “daydreaming” and the plan was “just an illusion”.

It also claimed China’s military “has already constructed a multidimensional anti-submarine network all around the island”.

Observers agree that the new submarines could help boost Taiwan’s defence.

Taiwan’s 10-submarine fleet would pale in comparison to China’s, said to currently comprise more than 60 boats including nuclear-powered attack submarines, with more on the way.

But the island has long pursued an asymmetric warfare strategy where it aims to build a more agile defence force to face down a larger and well-resourced enemy.

The submarines could “aid Taiwan’s relatively small navy in taking initiative against China’s mighty navy” by conducting “guerrilla style warfare with their stealth, lethality and surprise capabilities”, noted William Chung, a military researcher with the Institute for National Defense and Security Research in Taiwan.

In particular, he said, they could help guard the various straits and channels that link the so-called “first island chain”, a network of islands including Taiwan, Philippines and Japan seen as a possible battlefront for any conflict with China.

Anti-submarine warfare remains as the Chinese navy’s “weakest part, and this is the chance for Taiwan to exploit it,” he added.

But the “centre of gravity” for any China-Taiwan naval conflict would not likely take place in the deep waters off the island’s east coast, where submarines would be most effective in, pointed out Drew Thompson, a visiting senior research fellow at the National University of Singapore and former US Department of Defense official.

Instead, the main theatre of war would be in the shallower waters of the west coast facing mainland China.

“The submarine is not optimised for a counter invasion role… having this increased capability to complicate China’s military operations would have an effect, but it’s not a decisive one,” he said.

Their effectiveness would largely depend on how Taiwan chooses to deploy them.

Beyond playing a deterrent role they could also be used to ambush Chinese ships; carry out mine-laying operations in Chinese ports; disrupt maritime oil supplies; and destroy key facilities on the Chinese coastline, according to Chieh Chung, a defence researcher with Taiwanese think tank National Policy Foundation.

What is more significant, however, is that Taiwan managed to design and build its own submarine in the first place.

The Haikun uses a combat system by US defence company Lockheed Martin and will carry US-made missiles. While this may be no surprise given that the US is Taiwan’s chief ally, at least six other countries including the UK came to Taiwan’s aid in supplying components, technology and talent, according to a Reuters report.

Adm Huang told Nikkei Asia he had personally approached military contacts in the US, Japan, South Korea and India for help but did not specify which country eventually agreed.

The fact that several countries and companies were “not afraid to supply parts to a marquee defence programme in Taiwan… indicates a significant geopolitical shift,” noted Mr Thompson.

It is an indicator of the “doubt and dissatisfaction” with Beijing felt by some members of the international community, and “should cause China to feel disquiet”, added Mr Chieh.

The launch comes a day after Beijing confirmed it had been conducting military drills this month to “resolutely combat the arrogance of Taiwan independence separatist forces”.

In recent weeks it had once again ramped up its warship presence in the Taiwan Strait and military jet incursions into airspace around the island.

US military and intelligence officials have given varying timelines for a possible Chinese invasion.

One date put forth recently is 2027 – Chinese President Xi Jinping is believed to have told his military to be operationally capable of mounting an invasion by that year.

But CIA director William Burns also said it did not necessarily mean Mr Xi would decide to invade then as he is thought to have doubts over whether China would succeed.

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The future of AI in China

Rapid developments in generative artificial intelligence (AI) – algorithms used to create new text, pictures, audio, or other types of content – are concerning regulators globally. 

These systems are often trained on personal and copyrighted data scraped from the internet, leading to privacy and intellectual property fears. They can also be used to generate harmful misinformation and disinformation.

On August 15, 2023, a new Chinese law designed to regulate generative AI came into force. This law, the latest in a series of regulations targeting different aspects of AI, is internationally groundbreaking as the first law that specifically targets generative AI. 

It introduces new restrictions for companies providing these services to consumers regarding both the training data used and the outputs produced.

Despite these new restrictions on companies, the evolution of the draft text, combined with changes in the wider tech policy context, could mistakenly be taken to indicate that China is starting to relax its drive towards strong regulatory oversight of AI.

Commentators have been quick to observe that the final generative AI regulation is significantly watered down compared to an earlier draft published for comment. Requirements to act within a three-month period to rectify illegal content and to ensure that all training data and outputs are “truthful and accurate” were removed. 

It also clarified that these rules only apply to public-facing generative AI systems. A new provision specifying that development and innovation should be weighted equally with the security and governance of systems was also added.

Regarding the wider tech policy context, since late 2020, the Chinese government has utilized a variety of tools, including antitrust and data security enforcement. 

Alibaba founder Jack Ma in a file photo. Image: Facebook

The government also undertook seemingly extra-legal measures that resulted in Jack Ma, co-founder of Alibaba, disappearing from the public eye after criticizing regulators in what has commonly been referred to as a “tech crackdown.” 

But in line with the domestic economic troubles that China has been facing, the intensity of this crackdown appears to have eased and been replaced by an increased emphasis on domestic tech innovation.

While compelling, these pieces of evidence are red herrings for understanding the future of AI policy in China – a significant change in China’s approach to AI governance going forward is unlikely. 

It is correct that the generative AI regulations were watered down, yet it has not been uncommon for the text of draft AI regulations to change after a consultation period. For instance, explicit discrimination protections were removed from a draft AI regulation focused on recommender systems in 2021.

The weakening of the generative AI regulations was arguably more significant than for previous initiatives, yet ongoing work to ensure that AI is regulated effectively, including an early draft of what could potentially turn into a new, comprehensive AI law, is indicative of continued efforts to strengthen the country’s AI governance framework.

Similarly, the label “tech crackdown” has been broadly applied to policies involving different government agencies, targets and justifications.

While some policies – like the probes into technology companies – were largely reactionary and appear to have come to an end, establishing robust AI regulations has been a longer-term policy aspiration of the Chinese government that will likely continue. 

Together, these factors suggest that China is continuing to refine how it balances innovation and control in its approach to AI governance, rather than beginning a significant relaxation.

China’s pioneering efforts to introduce AI regulations and the legacy of reactive measures curtailing tech companies could cause a chilling effect that dampens industry outcomes in the short term. 

This challenge is exacerbated by the impacts of US semiconductor export controls on the Chinese AI sector, which have forced companies into workarounds as the most powerful chips become scarce

Though China has attempted to support its AI industry in several ways – such as through financing, providing access to computing and wider ministry reshuffles designed to promote domestic innovation – it is unclear how fruitful these initiatives will prove.

Notwithstanding the potential impact on China’s AI industry in the immediate term, introducing regulations designed to control AI is essential for addressing the risks from these technologies. 

These regulations and the practical tools they mandate mitigate harms to individuals and disruptions to social stability. For instance, requirements to watermark AI-generated content are essential for countering misinformation and disinformation.

China is guarding against AI-generated misinformation. Image: Screengrab

By comparison, the laissez-faire approach taken by the United States leaves it ill-prepared to address these risks, something that could cause serious disruption in the forthcoming 2024 presidential election.  

AI governance tools also support China’s ambitions for global leadership in AI – for instance, through developing international standards that would provide them with a competitive edge.

China’s fundamental approach to AI governance is unlikely to shift significantly, even as it navigates ongoing economic turbulence. 

A firm regulatory approach may prove economically challenging in the short term but will be essential for mitigating harm to individuals, maintaining social stability and securing international regulatory leadership in the long term.

Huw Roberts is Doctor of Philosophy candidate at the Oxford Internet Institute, University of Oxford. Emmie Hine is PhD candidate in the Department of Legal Studies at the University of Bologna.

This article was originally published by East Asia Forum and is republished under a Creative Commons license.

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Evergrande seen likelier to fall as chairman probed

Worries that Evergrande Group will go bankrupt have intensified with news that the indebted property developer’s chairman, Hui Ka-yan, is under police surveillance.

Hui was taken away by Chinese police earlier this month and is being monitored at a designated location, Bloomberg reported, citing people familiar with the situation. 

The report said the billionaire is under residential surveillance but it does not mean he will be charged with a crime. 

Now that offshore creditor meetings originally scheduled on Monday and Tuesday were canceled, Evergrande must submit a new debt revamp plan by October 30 or its bondholders’ group will support a winding-up petition already filed against the developer, Reuters reported on Tuesday. 

Shares of Evergrande have lost 42% so far this week. Shares of Country Garden and Sunac, which followed in Evergrande’s footsteps to file for bankruptcy protection in the United States, have dropped 14.3% and 20.5%, respectively.

Bankruptcy protection is a preliminary move that gives the debtor time to devise a restructuring plan and seek creditors’ approval of it. Full-out bankruptcy would mean winding up the company.

Some commentators say it’s likely not only that the once-largest property developer will go bankrupt but also that its collapse will hurt homebuyers’ confidence and create instability in the financial systems.

Since the announcement of a debt restructuring plan on March 22, sales have been worse than expected, the company said in a filing to the Hong Kong stock exchange on September 22.

Based on its current situation and consultations with its advisors and creditors, the company said, it’s necessary to re-assess the terms of the proposed restructuring plan.

Evergrande said Sunday that it is unable to meet the qualifications for the issuance of new notes under the present circumstances as its Shenzhen-listed subsidiary Hengda Real Estate Group is being probed. 

Suspicions

In fact, Hengda Real Estate had already said on August 16 that it was being investigated by the Chinese Securities Regulatory Commission (CSRC) for suspected violation of information disclosure regulations.

It was on August 17 that Evergrande filed for bankruptcy protection to the Manhattan bankruptcy court, seeking recognition of restructuring talks underway in Hong Kong, the Cayman Islands and the British Virgin Islands.

Noting that date, Zhang Yinyin, a Shanghai-based columnist, writes in an article that when Evergrande said on August 16 that Hengda Real Estate was being probed, it already knew that its proposed debt restructuring plan would fail.

“It does not make sense to blame ‘worse-than-expected sales’ for the cancellation of the offshore creditor meeting,” Zhang says. “It would be strange if an indebted developer had strong sales.”

Zhang says that, even if its subsidiaries and executives were not being probed, it would be very difficult to restructure the debts of Evergrande – which has a liability of 2.4 trillion yuan (US$329 billion) and a need to raise another 200 to 300 billion yuan. 

Yang Shih-kuang, a Taiwanese commentator, said in a TV program on Monday that Beijing’s recent move to reduce capital outflow has also become a new obstacle for Evergrande to pay its offshore creditors and implement its debt restructuring plan. 

Yang said that, from Beijing’s perspective, indebted property developers’ top mission is to ensure the delivery of apartments to homebuyers.

Citing three sources, Reuters reported on September 11 that the PBoC is tightening its scrutiny of bulk dollar purchases by domestic firms amid a weakening renminbi. Companies now need approval from the central bank to purchase as little as US$50 million.

Last year, Evergrande delivered 300,000 apartments, about half its target, to its customers. In the first half of this year, it delivered 120,000 apartments. Media reports say the company still is obligated to deliver 400,000 more apartments to its buyers.  

Last Saturday, a social media post about Hui’s arrest went viral on the Internet. It said Hui was handcuffed as he had resisted the arrest. 

Ran Xiongfei, a veteran soccer reporter, who is believed to be familiar with the situation, said people should not trust or spread the rumor but wait for an official announcement. Some other commentators said it’s unlikely that a 64-year-old billionaire would resist an arrest.

Chen Panpan, a Beijing-based writer, says that, if Hui is going to face penalties, it will probably be due to the inability of Evergrande’s wealth management unit to repay its investors. 

“When Evergrande’s wealth management arm had overdue payments in September 2021, Hui Ka-yan made a promise that its investors would be paid,” Chen says. “But due to Evergrande’s worsening financial situation, the wealth management firm had changed its payment plans several times.”

On August 31 this year, Evergrande’s wealth management unit said it couldn’t make payments for investment products for the month due to a liquidity crunch. On September 16, the unit’s staff were detained by police in Shenzhen. The police called on the public to provide information about the case. 

A Hubei-based writer says Evergrande’s potential bankruptcy not only will hurt homebuyers’ confidence but also will cause losses to the developer’s creditors, such as banks, investors and suppliers, and shake the financial systems. He says regulators should launch effective measures to avoid a financial crisis and boost market confidence.

Read: Evergrande’s debt case hits China’s stock markets

Follow Jeff Pao on Twitter at @jeffpao3

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Sustainability expo to inspire a ‘better world’

Event is the largest of its type in Asean

Sustainability expo to inspire a 'better world'
Graphic illustrations of the three zones: SX Food Festival, SX Marketplace and SX Kids at the SX2023 event. Attendees can visit them on the LG floor of the Queen Sirikit National Convention Center from Sept 29 to Oct 8.

The Sustainability Expo 2023 (SX2023) will kick off with a food festival, a themed marketplace and kids zones at Queen Sirikit National Convention Center (QSNCC) on Friday.

The expo is the largest annual sustainability event in the Asean region, with the main exhibitions and seminars running from Oct 2-8 on G floor of the QSNCC, said event organisers.

SX2023 is embracing the theme of “Good Balance, Better World”, which organisers said aims to inspire visitors to learn more about sustainable practices.

The event at the QSNCC in Klong Toey district is free of charge.

The organisers said visitors can gain insights through talks from experts about green businesses, global green market trends, green lifestyles, and innovation.

Royal Inspiration

The expo is being held under the concept of “Sufficiency for Sustainability”, which follows the sufficiency economy philosophy initiated by His Majesty King Bhumibol Adulyadej The Great.

SX2023 features five main exhibitions including “SEP Inspiration” to share sufficiency economy philosophy ideas, and “Better Me” to help people learn to live happily with other generations.

The “Better Living” zone will promote activities or projects by leading companies focusing on a clean environment and the circular economy; “Better Community” promotes equality; and “Better World” will exhibit arts related to sustainability.

The event also features three zones: SX Food Festival, SX Marketplace and SX Kids, which will run from Friday to Oct 8 on LG floor from 10am-8pm.

The SX Food Festival comes with the theme of Thai Street Food Museum, which simulates famous contemporary landmarks of Bangkok, Phuket Old Town and important cities of Thailand in one place, according to organisers.

Celebrity chefs will showcase sustainable food concepts, including zero-waste cooking and how to make meals with alternative protein sources.

The SX Marketplace brings together shops from eco-designers, environmental innovation products, gardens and farms, and over 200 shops and vendors will showcase home décor and community products.

The marketplace zone will also have knowledge exhibitions featuring stingless bees that benefit the ecological system, and events that share sustainable business practices and tips.

The zone also has a café in a sustainable furniture showroom.

The SX Kids zone will serve as a creative learning space focusing on sustainable development, combining both digital and environmental experiences for children to learn and explore.

The zone has activities including chess, studying nature, learning how to manage food waste and a garbage recycling station.

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Ukraine making few gains while suffering big losses

The Ukrainian counteroffensive continues but it appears to be less intense. Ukraine has not made any significant progress so far, and in some cases, its forces have been pushed back.

The Russians have published some numbers on Ukrainian losses in September to date. Ukraine has lost more than 17,000 soldiers so far this month, Russian Defense Minister Sergey Shoigu told a ministry board meeting.

According to him, Kiev lost three Western-made tanks, including two German Leopards and a British Challenger.

The numbers also include the loss of seven US-made Bradley fighting vehicles, 77 US M777 howitzers, 51 self-propelled howitzers made in Germany, France, Poland and the United States.

The Russians say they destroyed a British-made Stormer air defense system. The Stormer is a military armored vehicle manufactured by the British company Alvis Vickers, now known as BAE Systems Land & Armaments, that uses laser-guided interceptors. It is supposed to destroy slow-flying aircraft, especially helicopters, and drones.

The UK-made Stormer Air Defense System.

Some US Abrams tanks have arrived in Ukraine ahead of schedule. The head of Ukraine’s military intelligence Kyrylo Budanov, chief of the Main Directorate of Intelligence of the Ministry of Defense of Ukraine (GRO), says that the Abrams tanks should be reserved for special operations and not used for general combat because they will be destroyed.

Meanwhile this week, one of the Leopard tanks destroyed by the Russians had a three-man German crew.  Two of the three crewmen were killed outright. The third crewman survived for a while and told the Russians he was a mechanic. It is far from clear why Germans were manning the tank. Is this a pattern for the future?

Russia also bombed a number of Ukrainian airfields and destroyed two MIG-29 aircraft and several aircraft hangers.  

Russia also attacked Odesa port, destroying grain storage facilities and loading docks. Russian air bombardments of Ukrainian military and civil assets appeared to be fairly intense and continuing.  

The Ukrainian claim that they killed Russian admiral Viktor Sokolov, Black Sea Commander, and 34 others when a Stormshadow missile hit the Russian admiralty HQ in Sevastopol. The claim appears to have been false. 

The admiral appeared (by video) in a Russian commander’s meeting headed by Russian Defense Minister Shoigu. (He was not the only Navy commander to appear by video link.) 

The Ukrainians are saying it was a fake video. However, it appears that their claims about the admiral’s death and the other “victims” were grossly exaggerated. The Russians say only one person died in the attack. The admiralty building was badly damaged and the area was blocked because of the ensuing fire.

The United States has come up with a lengthy statement of “priority reforms” presented at the Multi-Donor Coordination Platform for Ukraine held in Brussels. The US Embassy in Kiev released a copy to Ukraine. 

It carries a number of proposals to combat corruption, part of it focused on defense procurement and part on the management of energy companies including Ukrenerg and Naftogas, and to establish supervisory boards (loaded with Americans) for Ukroboronprom (which manufactures 125mm ammunition), NABU (the anticorruption bureau of Ukraine) and SAPO (Special anticorruption prosecutors office), including independence from the Prosecutor General, aimed at blocking undue political influence on investigations.

One of the most startling proposals is to limit the scope of activity of the Ukrainian SBU (Security Service of Ukraine), which is Ukraine’s equivalent of the old Soviet KGB. The proposal is to limit SBU to counterintelligence, anti-espionage and fighting terrorism and cyber-terrorism. 

President Volodymyr Zelensky has a corruption problem. Photo: The Presidency of Ukraine

The language is very broad and unclear. SBU is being used by Zelensky to suppress the opposition and carry out frequent arrests of anyone opposing the government for any reason. 

It has also been used to launch attacks against the Russian Orthodox Church leaders and members, some of whom are being accused of selling weapons. SBU is also being used to enforce draft dodging. Presumably, the idea is to restrict it, but only a little. 

It is unlikely that any of these rather limited “reforms” will be implemented. The fact that it was presented at a low political level in Brussels, and only as a draft proposal, indicates the Biden administration is not seriously trying to curb corruption in Ukraine.

Stephen Bryen is a senior fellow at the Center for Security Policy and the Yorktown Institute. This article was originally published on his Substack, Weapons and Strategy. Asia Times is republishing it with permission.

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China’s new anti-espionage law spooking foreign firms

Earlier this year, China updated its anti-espionage law amid an intensifying rivalry with the US and growing distrust of the Western-led international order.

The law broadens the scope beyond what it originally sought to prohibit – leaks of state secrets and intelligence – to include any “documents, data, materials, or items related to national security and interests.”

The law also empowers authorities with new surveillance powers. These include the ability to access people’s emails or social media accounts on electronic devices.

The Chinese government is clearly using the new catch-all provision to cast a wider net to identify “spies.” It is targeting not only Westerners working in China, but also Chinese nationals who work for foreign companies or organizations or interact with foreigners in any way.

The law is more than just theoretical – it has teeth. Last month, a new national campaign was launched with rewards of up to 500,000 renminbi (US$68,400) for anyone reporting suspicious individuals or suspected espionage activities.

Red banners have started appearing on Chinese streets, proclaiming

Implement the new anti-espionage law, mobilize collective efforts to safeguard national security.

Posters with a hotline number for reporting suspicious individuals can now be found on public transport, as well.

Hotline number for reporting suspicious activities. Author provided

These visible signs serve as reminders that spies could be anywhere, potentially feeding sensitive information to foreign entities that pose threats to China’s national security and interests.

Implications of the new law

The new law has sent a chill through multinational corporations, Chinese companies and other organisations.

State-owned companies or those affiliated with the government are distancing themselves from multinationals offering legal, investment and consultancy services, fearful of being associated with foreign entities.

Multinationals themselves were once welcomed with open arms to help accelerate China’s economic and technological development. Now, they find themselves entangled in a complex web of regulations governing the cross-border transfer of data and other information. Many are considering decoupling their data and IT systems from China.

From an individual standpoint, anyone with foreign affiliations, including those who have returned from overseas, feel as if they are on a kind of community “watch list” upon arrival in China.

Some Chinese firms indicate in recruitment drives for new employees they will not consider applicants who have returned from certain overseas regions. The perception is they may have been exposed to foreign forces who use money, friendship or even romance to coerce them into becoming an undercover agent or informant.

Photo: iStock
The new law targets foreign spying but could cause Chinese people to limit interactions among themselves. Photo: iStock

An invisible net has been cast over every stratum of Chinese society. Many Chinese people will no doubt become more hesitant in their interactions, cautious in their communication and skeptical in their collaborations. This will only further encourage people to retreat into silence or resort to coded language in both face-to-face conversations and social media.

And those perceived as having divergent political or ideological views will especially be under scrutiny. This includes private businesspeople, entrepreneurs and those working in non-government sectors who openly voice political or ideological values that go against the Communist Party.

The expansive nature of the law evokes memories of the Cultural Revolution, an era in which little trust existed in society and even among family members.

An unsettling divide is emerging today between those in governmental circles and everyone else. Having a foreign diploma or other affiliation was once seen as a positive, offering one a different perspective and international experience. Now, however, it could be seen as a liability or even a crime.

Ambiguity has risks

The first iteration of the anti-espionage law was enacted in 2015 and was aimed at bolstering national security and generally protecting against espionage activities detrimental to the country’s interests.

The updated law comes in a changed world. The rivalry between the US and China has escalated in recent years in trade, technology, defense and influence over global institutions. Both nations are actively engaging in intelligence operations to understand each other’s capabilities, intentions and vulnerabilities.

Because the new law is so expansive and ambiguous, however, the implementation and enforcement could be difficult. And it could diverge significantly from the initial objectives of lawmakers.

When laws are ambiguous, it leaves ample room for interpretation and potential exploitation. The lack of clarity with the revised anti-espionage law could give rise to witch hunts, leaving people vulnerable to accusations that lack substantial evidence.

The ripple effect could extend beyond China’s borders, affecting academic exchanges, technological cooperation and diplomatic relations.

If collaboration with the outside world becomes secondary to perceived threats, it could also deter both foreign investment and domestic private enterprises in China, stifling economic growth.

At a time when the Chinese economy is grappling with domestic challenges and an increasingly hostile global environment, this could hasten the “decoupling” from China that many in the West are already advocating for.

Marina Yue Zhang is Associate Professor, University of Technology Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Higher for longer US rates ringing Asia alarm bells

The broadside Moody’s Investors Service just fired at the US dollar and interest rates dramatizes why the next few months could be uniquely chaotic for global markets.

It stands to reason that the one major credit rating company still holding Washington in AAA esteem is anxious to announce a downgrade.

Twelve years after S&P Global downgraded the US, Fitch Ratings last month followed suit. Fitch’s move was about more than America’s national debt careening toward US$33 trillion.

It was also a response to the “steady deterioration in standards of governance” as politicians play games with raising Washington’s statutory debt limit.

Now, Moody’s warns that the dysfunction surrounding a government shutdown on October 1, the latest manifestation of extreme polarization, may be the reason to cut Washington’s rating to Aa1.

Investors seem way ahead of credit rates as US yields move higher. Rates on 10-year Treasury bonds are at a 16-year high this week, a dubious milestone that’s slamming European and Asian markets. Benchmarks from Japan to South Korea to Australia plunged.

On Tuesday alone, MSCI’s gauge of global stocks plunged 1.24%, an outsized move for the benchmark. By Wednesday, the index was falling for a ninth day as it approaches its longest losing streak in more than a decade.

The Cboe Volatility Index, Wall Street’s so-called fear gauge, flashed its most intense warnings since May, when US inflation hit a 41-year high.

Adding to the disorientation is the dollar’s curious durability. The more investors fret about the state of global finance, the more the dollar rises. The yen’s move toward 150 to the dollar, a psychologically important level, has markets bracing for currency intervention by Japanese authorities.

The US Federal Reserve, meanwhile, is making it clear it’s not done hiking rates. When Minneapolis Fed President Neel Kashkari on Tuesday assigned 40% odds that rates will still go “meaningfully” higher, traders figure policymakers are telegraphing more austerity to come.

Already, 11 Fed tightening moves in 18 months are working their way through global markets. The specter of more hikes could wreak havoc in debt markets, equity bourses and property sectors everywhere.

Europe is uniquely poorly positioned to withstand the coming financial storm. Rising yields will hit real estate values from Tokyo to Seoul to Bangkok.

A major challenge for Asia is figuring out which financial shoes might drop next as well as how and where the tremors will be felt.

The US government shutdown for which Republican lawmakers are agitating would furlough hundreds of thousands of federal workers and suspend vast swaths of public services, crimping US economic growth.

US House Speaker Kevin McCarthy and his Republican party are angling for a government shutdown. Image: Twitter

“A shutdown would be credit negative for the US sovereign,” Moody’s analysts wrote in a note this week. They argue that “it would underscore the weakness of US institutional and governance strength relative to other AAA-rated sovereigns that we have highlighted in recent years.”

In particular, Moody’s adds, “it would demonstrate the significant constraints that intensifying political polarization put on fiscal policymaking at a time of declining fiscal strength, driven by widening fiscal deficits and deteriorating debt affordability.”

Economists at Wells Fargo write that “should a shutdown transpire, there could be a negative impact of the US dollar, albeit one that is likely to be modest and short-lived.”

Gita Gopinath, first deputy managing director at the International Monetary Fund, warns of “tougher global financial conditions.” As the “fight to bring inflation back to target continues,” Gopinath says, “we expect global interest rates to remain high for quite some time,”

Furthermore, she notes, “there are reasons to think that rates may never return to the era of ‘low for long.’ This possibility is reflected in US 10-year Treasury bond yields, which have surged” to the “highest level since the global financial crisis.” In this environment, Gopinath says, “financing conditions for emerging markets can be expected to remain challenging.”

Analyst Gennadiy Goldberg at TD Securities says “overall, we view the shutdown as one of the many headwinds the economy faces this fall.” Analyst Michael Pond at Barclays tells Bloomberg that a government shutdown “will likely lead to some heightened uncertainty,” given how vulnerable Asia’s export-led economies are to “hot money” flows.

Shutdown risks are coinciding with surging oil prices and a massive strike by Detroit auto workers, both of which are exacerbating inflation risks. As such odds are Fed Chairman Jerome Powell’s team will hit the monetary brakes even harder.

Count Jamie Dimon, CEO of JPMorgan Chase, among those who believe Fed rates – in the 5.25%-5.5% range now – could go significantly higher as inflation remains elevated.

“I am not sure if the world is prepared for 7%,” Dimon told the Times of India. “I ask people in business, ‘Are you prepared for something like 7%?’ The worst case is 7% with stagflation. If they are going to have lower volumes and higher rates, there will be stress in the system. We urge our clients to be prepared for that kind of stress.”

What’s more, Dimon referenced Warren Buffett’s famous observation that “only when the tide goes out do you discover who’s been swimming naked.” As Dimon notes of more assertive Fed tightening moves, “that will be the tide going out.”

“Investors,” says analyst Paul Nolte at Murphy & Sylvest Wealth Management, “are beginning to realize that a higher for longer interest rate environment is a likely outcome and are slowly adjusting to the new normal. Higher-for-longer has been the mantra of the Fed for a few months. It is only recently that the markets have been taking them at their word.”

The irony, of course, is that the worse things get for the US fiscal outlook, the more investors flock to the dollar. That’s luring capital away from China, Japan, South Korea and other top Asian economies at the worst possible moment for Beijing, Tokyo, Seoul and beyond. Counterintuitively, big losses in US sovereign securities are increasing the dollar’s appeal.

The dollar keeps getting stronger. Photo: Asia Times Files / AFP

Even before Moody’s stumbled onto the scene, global investors faced the specter of a third straight year of losses in the $25.5 trillion Treasury debt market. All the red ink reflects investor concerns about liquidity amid the most aggressive Fed tightening cycle since the mid-1990s and extreme volatility as inflation flares up across the globe.

Yet from an interest rate differential standpoint, says Nomura Inc strategist Andrew Ticehurst, the dollar’s legacy safe-haven status, America’s steady growth and high yields make for an “unusual and powerful combination” at a moment when the potential for sudden risk-off pivots abound in markets.

Another reason this appears to fly in the face of both political and financial reality: US President Joe Biden’s dismal approval ratings. As Congressional Republicans and Democrats lock horns, Biden’s low-40s support rate leaves the White House little hope of cajoling lawmakers not to shut down the government, gamble with Washington’s credit rating or pursue reforms to increase US innovation and productivity to tame inflation.

The same goes for Biden’s latitude to protect the roughly $3.2 trillion of US Treasury securities held by top Asian authorities. Those foreign exchange reserves could find themselves in harm’s way as Moody’s joins S&P and Fitch in closing the books on America’s AAA era.

Japan would be the biggest loser with its more than $1.1 trillion of US government debt. China holds $821 billion and Korea has $116 billion. Along with losses on state savings, surging US rates could devastate Asia’s biggest trade-reliant economies, each of which is navigating their own domestic debt troubles.

In China, it’s property markets and a titanically large shadow-banking sector. In Japan, it’s the most crushing debt load in the developed world made worse by a fast-aging population. In Korea, it’s record household debt undermining broader consumption dynamics.

Here, the dollar’s trajectory – and how its rally defies gravity as bonds sell off – is adding to Asia’s headaches.

Economist Jeongmin Seong at the McKinsey Global Institute says that “many Asian countries accumulated substantial foreign exchange reserves after the Asian financial crisis of the late 1990s.” In 2022, he notes, Asia accounted for 40% of global capital flows, four times the level in 2000.

“But there may be pockets of vulnerability to any sudden outflow of capital,” he explains. “In Indonesia and Vietnam, for instance, foreign direct investment accounts for 20% and 14% of total investment, respectively.”

Episodes of runaway dollar strength tend to end badly for Asia. Look no further than the region’s 1997-98 financial crisis, which was precipitated by the US Fed’s aggressive 1994-1995 rate hike cycle.

Episodes of yen volatility pose their own threat. Worries about surging Japanese government bond yields are rippling through global credit markets as the Bank of Japan hints at an exit from quantitative easing. That poses outsized risks because 24 years or zero-to-negative rates morphed Japan into the globe’s premier creditor nation.

These funds are then invested in higher-yielding assets from Brazil to South Africa to Indonesia. This giant “yen-carry trade” often explains why sharp yen moves often slam markets everywhere.

IMF economist Thomas Helbling says Asia is highly exposed on account of debt levels. “Asia’s increased borrowing in recent decades has augmented the region’s exposure to rising interest rates and heightened market volatility,” Helbling explains. “Borrowing by the region’s governments, companies, consumers and financial firms is well above levels prior to the global financial crisis.”

Trouble is, Helbling says, “highly leveraged companies face greater risk of default as monetary policies and financial conditions remain tight. Even with resilient economic growth, interest payments may exceed earnings as borrowing costs rise, reducing firms’ ability to service their debts.” Generally speaking, he adds, “corporate debt in Asia is concentrated in firms with low-interest coverage ratios.”

McKinsey economist Seong says that “some Asian economies, government, household, and corporate debt has risen by even more than the Organization for Economic Cooperation and Development average.”

Seong points out that nonfinancial corporate debt in China is 150% and in Japan, South Korea and Vietnam it is more than 120%. In 2021, Korea’s household debt reached 106% and Australia’s was 119%, against an OECD average of 60%. “Carrying this amount of leverage will be costly if interest rates continue to rise,” Seong notes.

A porter walks on a bridge in Chongqing, China with new residential buildings in the background.
Photo: CNBC Screengrab / Zhang Peng / LightRocket / Getty Images

On the property side, “there’s is a risk of a fall in asset prices, including real estate,” Seong says. Between 2015 and 2021, the average nominal housing price rose by 50% in China, 34% in Australia, and 17% in South Korea. Price inflation in cities is even higher. In Seoul, for example, the price-to-rent ratio increased 2.5 times in the 2015-2021 period.

At home, Biden also must ensure the stability of banks as Fed rate hikes continue. Mohamed El-Erian, advisor at Allianz, worries higher borrowing costs may cause havoc in real estate markets. “We’ve got to be really careful,” El-Erian warns. “The housing market is central to the economy.”

At the same time, the fallout from the collapse of Silicon Valley Bank in March “is casting doubt on America’s ability to maintain its leadership of the global monetary system,” notes economist Diana Choyleva at Enodo Economics. It’s up to Washington “to take decisive steps to shore up confidence, including extending dollar credit lines to a clutch of Asian countries.”

As Choyleva stresses, “it is in Asia that the United States’ global financial hegemony is being most keenly contested – by China.”

It’s hard not to think Washington’s shutdown showdown is doing Beijing’s work for it.

Follow William Pesek on X, formerly known as Twitter, at @WilliamPesek

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