U.S. Imposes New Sanctions on People’s Republic of China Actors Linked to Malign Activities

Michael R. Pompeo, Secretary of State

The Chinese Communist Party’s malign activity at home and abroad harms U.S. interests and undermines the sovereignty of our allies and partners.  The United States will use all countermeasures available, including actions to prevent People’s Republic of China (PRC) companies and institutions from exploiting U.S. goods and technologies for malign purposes.  Today’s actions mark yet another sign of our resolve.

The United States is imposing new restrictions on certain entities for activities that undermine our national security and foreign policy interests.  Specifically, the Department of Commerce is adding 59 PRC entities to its export-control Entity List.

Mass Surveillance, Military Modernization, and Human Rights Abuses

The United States is adding four entities to the Entity List for enabling human rights abuses within China by providing DNA-testing materials or high-technology surveillance equipment to the PRC government.  We urge the Chinese Communist Party to respect the human rights of the people of China, including Tibetan Buddhists, Christians, Falun Gong members, Uyghur Muslims, and members of other ethnic and religious minority groups.

Additionally, the Department of Commerce is adding nineteen entities to the Entity List for systematically coordinating and committing more than a dozen instances of theft of trade secrets from U.S. corporations to advance the PRC defense industrial complex; engaging in activities that undermine U.S. efforts to counter illicit trafficking in nuclear and other radioactive materials; or using U.S. exports to support the PLA and PRC defense industrial base, whose ultimate goal is to surpass the capabilities of other countries they view as competitors, particularly the United States.

South China Sea

These new restrictions also impose costs on Beijing’s unlawful campaign of coercion in the South China Sea.  The Department of Commerce is adding 25 shipbuilding research institutes affiliated with the China State Shipbuilding Corporation to the Entity List, as well as six other entities that provide research, development, and manufacturing support for the People’s Liberation Army Navy or attempted to acquire U.S.-origin items in support of PLA programs.  Commerce is also adding five PRC state-owned enterprises, including the China Communications Construction Company, for their role in coercion of South China Sea claimant states.

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    Launch providers support the deployment of people and payloads, such as national security and commercial satellites or research probes, into space. The majority of these providers told GAO that U.S. space transportation infrastructure—located at sites across the country—is generally sufficient for them to meet their customers' current requirements. This situation is in part a result of the launch providers' investments in launch sites, along with state and local funding. Launch providers and site operators alike seek future improvements but differ on the type and location of infrastructure required. Some launch providers said that infrastructure improvements would be required to increase launch capacity at existing busy launch sites, while a few site operators said that new infrastructure and additional launch sites would help expand the nation's overall launch capacity. U.S. Commercial Launch Sites with Number of FAA-Licensed Launches, January 2015 - November 2020 The Federal Aviation Administration (FAA) was directed by statute to make recommendations to Congress on how to facilitate and promote greater investments in space transportation infrastructure, among other things. However, FAA's initial draft report was limited because it focused only on two existing FAA programs, rather than a range of options. FAA officials stated that they did not examine other options because of limited time and resources, and that the two identified programs could be implemented quickly because FAA has administrative authority to manage them. Leading practices in infrastructure investment emphasize the importance of conducting an examination of potential approaches, which can help identify how best to support national interests; avoid overlap or duplication of federal effort; and enhance, not substitute, participation by non-federal stakeholders. An examination may also help identify alternatives to making funding available, such as increasing efficiency and capacity through technology improvements. By focusing only on these existing programs, FAA may overlook other options that better meet federal policy goals and maximize the effect of any federal investment. Although FAA has already prepared its initial report to respond to the statute, it still has opportunities, such as during subsequent mandated updates, to report separately on potential approaches. Demand for commercial space launches is anticipated to increase in the coming years. FAA, the agency responsible for overseeing the sites where these launches occur, was directed by statute to submit a report—and update it every 2 years until December 2024—that makes recommendations on how to facilitate and promote greater investments in space transportation infrastructure. The FAA Reauthorization Act of 2018 included a provision for GAO to review issues related to space transportation infrastructure. This report discusses launch providers' and site operators' views on the sufficiency of infrastructure in meeting market demand and assesses the steps FAA has taken to identify options for federal support of space transportation infrastructure, among other things. GAO reviewed relevant regulations; assessed FAA's actions against GAO-identified leading practices; and interviewed FAA officials, commercial launch providers, and representatives from U.S. commercial launch sites that GAO identified as having hosted an FAA-licensed launch since 2015 or having an FAA launch site operator license as of August 2020. GAO recommends that FAA examine a range of potential options to support space transportation infrastructure and that this examination include a discussion of trade-offs. DOT partially concurred, noting that it would provide its mandated report to Congress but not conduct a new examination of a range of options. GAO continues to believe that such an examination is warranted. For more information, contact Heather Krause at (202) 512-2834 or KrauseH@gao.gov.
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  • Former Bank Executive Sentenced to Prison for $15 Million Construction Loan Fraud
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    A former Kansas bank executive was sentenced to 60 months in prison today for his role in carrying out a bank fraud scheme to obtain a $15 million construction loan from 26 Kansas banks.
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  • Missile Defense: Assessment of Testing Approach Needed as Delays and Changes Persist
    In U.S GAO News
    In fiscal year 2019, the Missile Defense Agency (MDA) delivered many of the Ballistic Missile Defense System (BMDS) assets it planned and conducted key flight tests, but did not meet all of its goals for the year. For example, MDA successfully delivered interceptors for use by warfighters and conducted a salvo test (which involves launching two interceptors at an incoming target) for the Ground-based Midcourse Defense program. However, MDA did not meet all of its goals for delivering assets or testing. For example, MDA completed only two of seven planned flight tests, plus eight additional flight tests that were later added for fiscal year 2019. MDA did not fully execute its fiscal year 2019 flight testing, continuing a decade-long trend in which MDA has been unable to achieve its fiscal year flight testing as scheduled. Although MDA revised its approach to developing its annual test plan in 2009 to ensure the test plan was executable, over the past decade MDA has only been able to conduct 37 percent of its baseline fiscal year testing as originally planned due to various reasons including developmental delays, range and target availability, or changing test objectives. In addition, MDA has not conducted an assessment to determine whether its current process for developing and executing its annual test plan could be improved to help ensure its executability. Without an independent assessment, MDA will continue down the same path, increasing the risk of the same outcomes from the past decade—less testing than originally planned, resulting in less data to demonstrate and validate capabilities. Missile Defense Agency (MDA) Cumulative Flight Test Planning, Fiscal Years 2010-2019 Note: This graphic is a compilation of each individual fiscal year's flight test schedule. As such, if a flight test was planned for a particular fiscal year but then delayed to a later fiscal year, it would be counted both times. MDA is currently at a pivotal crossroads, needing to balance its ability to pursue new and advanced efforts while also maintaining its existing portfolio of BMDS elements that have not transferred to the military services as originally planned. The new and advanced efforts, such as the Next Generation Interceptor—a new interceptor for homeland defense—are research and development-intensive tasks, which carry significant technical risks and financial commitments. As MDA takes on these new efforts, it is increasingly important that the agency establish and maintain a sound and disciplined acquisition approach for these efforts to be successful and within anticipated costs and timeframes. For over half a century, the Department of Defense (DOD) has funded efforts to defend the United States from ballistic missile attacks. From 2002 through 2018, MDA has received about $152 billion to develop the BMDS and requested about $47 billion from fiscal year 2019 through fiscal year 2023. The BMDS consists of diverse and highly complex land-, sea-, and space-based systems and assets located across the globe. Congress included a provision in statute that GAO annually assess and report on MDA's progress. This, our 17th annual review, addresses for fiscal year 2019 (1) the progress MDA made in achieving delivery and testing goals; (2) the extent to which MDA's annual test plan is executable; and (3) broad challenges that could impact MDA's portfolio. GAO reviewed the planned fiscal year 2019 baselines, along with test plans since 2010, and other program documentation and assessed them against program and baseline reviews. GAO also interviewed officials from MDA and DOD agencies, including the office of the Director, Operational Test and Evaluation, Undersecretary of Defense for Research and Engineering, and the BMDS Operational Test Agency. GAO recommends that MDA ensure an independent assessment is conducted of its process for developing and executing its annual BMDS flight test plan. DOD concurred with the recommendation. For more information, contact William Russell at (202) 512-4841 or Russellw@gao.gov.
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  • Executions Scheduled for Inmates Convicted of Brutal Murders Many Years Ago
    In Crime News
    Attorney General William P. Barr today directed the Federal Bureau of Prisons to schedule the execution of three federal-death row inmates sentenced to death for staggeringly brutal murders, including the murder of a child and, with respect to two inmates, the murder of multiple victims.
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  • Seven North Carolina Tax Preparers Plead Guilty to Conspiring to Defraud the IRS
    In Crime News
    Seven Charlotte, North Carolina tax return preparers pleaded guilty to conspiracy to defraud the United States by preparing and filing false tax returns, announced Principal Deputy Assistant General Richard E. Zuckerman of the Justice Department’s Tax Division, U.S. Attorney R. Andrew Murray for the Western District of North Carolina, and Special Agent in Charge Matthew D. Line of the Internal Revenue Service-Criminal Investigation (IRS-CI).
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  • Whistleblower Protection: Actions Needed to Strengthen Selected Intelligence Community Offices of Inspector General Programs
    In U.S GAO News
    The six Intelligence Community (IC)-element Offices of Inspectors General (OIG) that GAO reviewed collectively received 5,794 complaints from October 1, 2016, through September 30, 2018, and opened 960 investigations based on those complaints. Of the 960 investigations, IC-element OIGs had closed 873 (about 91 percent) as of August 2019, with an average case time ranging from 113 to 410 days to complete. Eighty-seven cases remained open as of August 2019, with the average open case time being 589 days. The number of investigations at each IC-element OIG varied widely based on factors such as the number of complaints received and each OIG's determination on when to convert a complaint into an investigation. An OIG may decide not to convert a complaint into an investigation if the complaint lacks credibility or sufficient detail, or may refer the complainant to IC-element management or to another OIG if the complaint involves matters that are outside the OIG's authority to investigate. Four of the IC-element OIGs—the Central Intelligence Agency (CIA) OIG, the Defense Intelligence Agency (DIA) OIG, the National Reconnaissance Office (NRO) OIG, and the National Security Agency (NSA) OIG—have a 180-days or fewer timeliness objective for their investigations. The procedures for the remaining two OIGs—the Inspector General of the Intelligence Community (ICIG) and the National Geospatial-Intelligence Agency (NGA) OIG—state that investigations should be conducted and reported in a timely manner. Other than those prescribed by statute, the ICIG and NGA OIG have not established timeliness objectives for their investigations. Establishing timeliness objectives could improve the OIGs' ability to efficiently manage investigation time frames and to inform potential whistleblowers of these time frames. All of the selected IC-element OIG investigations units have implemented some quality assurance standards and processes, such as including codes of conduct and ethical and professional standards in their guidance. However, the extent to which they have implemented processes to maintain guidance, conduct routine quality assurance reviews, and plan investigations varies (see table). Implementation of Quality Assurance Standards and Practices by Selected IC-element OIG Investigations Units   ICIG CIA OIG DIA OIG NGA OIG NRO OIG NSA OIG Regular updates of investigation guidance or procedures — — — ✓ — ✓ Internal quality assurance review routinely conducted — — ✓ — — — External quality assurance review routinely conducted — ✓ — — — — Required use of documented investigative plans ✓ ✓ ✓ ✓ — ✓ Legend: ✓ = standard or practice implemented; — = standard or practice not implemented. Source: GAO analysis of IC-element OIG investigative policies and procedures. | GAO-20-699 The Council of Inspectors General on Integrity and Efficiency's (CIGIE) Quality Standards for Investigations states that organizations should facilitate due professional care by establishing written investigative policies and procedures via handbooks, manuals, or similar mechanisms that are revised regularly according to evolving laws, regulations, and executive orders. By establishing processes to regularly update their procedures, the ICIG, CIA OIG, DIA OIG, and NRO OIG could better ensure that their policies and procedures will remain consistent with evolving laws, regulations, Executive Orders, and CIGIE standards. Additionally, CIGIE's Quality Standards for Federal Offices of Inspector General requires OIGs to establish and maintain a quality assurance program. The standards further state that internal and external quality assurance reviews are the two components of an OIG's quality assurance program, which is an evaluative effort conducted by reviewers independent of the unit being reviewed to ensure that the overall work of the OIG meets appropriate standards. Developing quality assurance programs that incorporate both types of reviews, as appropriate, could help ensure that the IC-element OIGs adhere to OIG procedures and prescribed standards, regulations, and legislation, as well as identify any areas in need of improvement. Further, CIGIE Quality Standards for Investigations states that case-specific priorities must be established and objectives developed to ensure that tasks are performed efficiently and effectively. CIGIE's standards state that this may best be achieved, in part, by preparing case-specific plans and strategies. Establishing a requirement that investigators use documented investigative plans for all investigations could facilitate NRO OIG management's oversight of investigations and help ensure that investigative steps are prioritized and performed efficiently and effectively. CIA OIG, DIA OIG, and NGA OIG have training plans or approaches that are consistent with CIGIE's quality standards for investigator training. However, while ICIG, NRO OIG, and NSA OIG have basic training requirements and tools to manage training, those OIGs have not established training requirements for their investigators that are linked to the requisite knowledge, skills, and abilities, appropriate to their career progression, and part of a documented training plan. Doing so would help the ICIG, NRO OIG, and NSA OIG ensure that their investigators collectively possess a consistent set of professional proficiencies aligned with CIGIE's quality standards throughout their entire career progression. Most of the IC-element OIGs GAO reviewed consistently met congressional reporting requirements for the investigations and semiannual reports GAO reviewed. The ICIG did not fully meet one reporting requirement in seven of the eight semiannual reports that GAO reviewed. However, its most recent report, which covers April through September 2019, met this reporting requirement by including statistics on the total number and type of investigations it conducted. Further, three of the six selected IC-element OIGs—the DIA, NGA, and NRO OIGs—did not consistently document notifications to complainants in the reprisal investigation case files GAO reviewed. Taking steps to ensure that notifications to complainants in such cases occur and are documented in the case files would provide these OIGs with greater assurance that they consistently inform complainants of the status of their investigations and their rights as whistleblowers. Whistleblowers play an important role in safeguarding the federal government against waste, fraud, and abuse. The OIGs across the government oversee investigations of whistleblower complaints, which can include protecting whistleblowers from reprisal. Whistleblowers in the IC face unique challenges due to the sensitive and classified nature of their work. GAO was asked to review whistleblower protection programs managed by selected IC-element OIGs. This report examines (1) the number and time frames of investigations into complaints that selected IC-element OIGs received in fiscal years 2017 and 2018, and the extent to which selected IC-element OIGs have established timeliness objectives for these investigations; (2) the extent to which selected IC-element OIGs have implemented quality standards and processes for their investigation programs; (3) the extent to which selected IC-element OIGs have established training requirements for investigators; and (4) the extent to which selected IC-element OIGs have met notification and reporting requirements for investigative activities. This is a public version of a sensitive report that GAO issued in June 2020. Information that the IC elements deemed sensitive has been omitted. GAO selected the ICIG and the OIGs of five of the largest IC elements for review. GAO analyzed time frames for all closed investigations of complaints received in fiscal years 2017 and 2018; reviewed OIG policies, procedures, training requirements, and semiannual reports to Congress; conducted interviews with 39 OIG investigators; and reviewed a selection of case files for senior leaders and reprisal cases from October 1, 2016, through March 31, 2018. GAO is making 23 recommendations, including that selected IC-element OIGs establish timeliness objectives for investigations, implement or enhance quality assurance programs, establish training plans, and take steps to ensure that notifications to complainants in reprisal cases occur. The selected IC-element OIGs concurred with the recommendations and discussed steps they planned to take to implement them. For more information, contact Brenda S. Farrell at (202) 512-3604, farrellb@gao.gov or Brian M. Mazanec at (202) 512-5130, mazanecb@gao.gov.
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  • Statement by Assistant Attorney General Eric Dreiband on World AIDS Day
    In Crime News
    On December 1, as our country joins in observing World AIDS Day, the Justice Department stands with all people living with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS). Since the passage of the Americans with Disabilities Act (ADA) 30 years ago, the department has worked zealously, through enforcement, outreach, and technical assistance, to protect and advance the rights of people living with HIV and AIDS. This past year is no exception. 
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