Good news: Chinese company's bid for 3Com fails PDF Print E-mail
Written by Stumo   
Saturday, 23 February 2008

The fast growing Chinese telecom company, Huawei, and Bain Capital tried to buy 3Com.  The bid has now failed.

Huawei grew fast because of substantial Chinese government support:

With the benefit of an expanding Chinese telecom sector driving basic revenue growth and substantial economic support from China's government, Huawei has been able to broaden its product line and address emerging market opportunities throughout the globe with such speed an power that the global telecom supplier market has been able to do littlemore than watch in stunned silence.

This was not capitalism at work, but foreign government strategic policy.

The Coalition for a Prosperous America sent a letter to the appropriate U.S. regulator, the Committee on Foreign Investment in the United States (CFIUS), opposing the deal on national security grounds.  (The full text of the letter is below the fold... hit "read more").

The CFIUS did not approve the deal.  This is good news.  Not enough overall, in light of all the massive technology transfer and foreign government procurement of U.S. assets.  But good news.

August 30, 2007

Ms. Gay Hartwell Sills, Staff Chair
Committee on Foreign Investment in the United States
Office of International Investment
Department of Treasury
1500 Pennsylvania Avenue, N.W., Room 4201 NY
Washington, DC 20220
Via email ( This e-mail address is being protected from spam bots, you need JavaScript enabled to view it ) and fax (202.622.0391)

Re:    Potential acquisition of Seagate Technology by Chinese company

Dear Ms. Sills:

We write to express our concern about the potential of a Chinese company acquiring Seagate Technology.  This acquisition, if it occurs, would harm national security.  The Chinese are the most aggressive acquirers of sensitive U.S. technology by both illegal and questionable means.  Any Chinese company purchasing Seagate is highly likely to be owned or controlled by the Chinese government.

The Coalition for a Prosperous America (CPA) is a coalition of agriculture and manufacturing groups working for better trade policies.  We work for true free trade that is balanced, preserves national sovereignty, and protects America’s geopolitical strength.  Our members include individuals, businesses and associations that touch 40,000 people directly in many states.

Seagate was incorporated in 2000 in the Cayman Islands, and now has a $13.6 billion market capitalization. As of June 30, 2006, the Company had approximately 3,768 U.S. patents and 652 patents issued in various foreign jurisdictions. Most recently, it has unveiled hardware encryption technology.  Seagate maintains sales offices throughout the United States and in Australia, China, England, France, Germany, India, Ireland, Japan, Singapore and Taiwan.

“Sovereign Wealth Funds,” funds owned or controlled by foreign governments, and state owned enterprises are not normal “free market” investments.  They are government foreign policy tools.  A large portion of China’s economy is owned or controlled by the government, and the Seagate acquisition deliberation is likely to involve a state owned or controlled enterprise.  This is not Daimler-Benz buying Chrysler.  The standards are different, and our national interests are much more important.

The Chinese are the most aggressive perpetrators of military and industrial espionage in the world.  FBI Director Robert S. Mueller III recognized them as being among the top threats to the U.S. in terms of technological espionage.  On July 26, 2007, Director Mueller told the Senate Judiciary Committee. “There is substantial concern China is stealing our secrets in an effort to leap ahead in terms of its military technology, but also the economic capability of China.” 

Michelle Van Cleave, a former national counterintelligence executive, told the Judiciary Committee that same day that Chinese spies are among “the world's most effective” and include civilian and military spies who have “a global reach.”

China is the biggest violator of intellectual property rights in the world.  The Chinese government conditions U.S. investment in their country upon granting rights to technology the Chinese has not developed.  We do not have the details of these deals, but believe they include Intel, Microsoft, and hundreds of other major companies.

The Chinese military is the only one clearly able to challenge U.S. military superiority in the near term.  Indeed, a recent Pentagon report revealed the Chinese are spending substantially more on military upgrading than had previously been thought.  That report, entitled “Military Power of the People's Republic of China: A Report to Congress Pursuant to the National Defense Authorization Act Fiscal Year 2000”, was released May 23, 2007 and said this:

In the early 1990s, former paramount leader Deng Xiaoping (d. 1997) gave guidance to China’s foreign and security policy apparatus that, collectively, has come to be known as the “24 character” strategy:
“observe calmly; secure our position; cope with affairs calmly; hide our capacities and bide our time;be good at maintaining a low profile; and never claim leadership.”

The report also noted:

[China] “has the greatest potential to compete militarily with the United States and field disruptive military technologies that could over time offset traditional U.S. military advantages.”

The Chinese government, and its subsidiary companies, are America’s biggest creditor holding approximately $900,000,000,000 ($900 billion) in U.S. bonds.  America’s status as a major debtor to a potential military and political adversary is unprecedented.  This debtor situation arises from the biggest trade deficits in the history of humankind.  Indeed, China officials floated the idea of using the so-called “nuclear option” strategically against the U.S. dollar, and thus the U.S. economy, on August 9, 2007.  We do know China has used these massive dollar holdings to buy strategic U.S. assets (such as Blackstone Group) and strategic ports across the world.  Indeed, the Chinese government was reported today to have established and funded an investment company to continue this world and U.S. asset buying strategy. 

The Chinese also acquire sensitive technology from our major universities.  We have reprinted and attached a letter from Dr. C. William Kauffman, a professor in the University of Michigan’s Department of Aerospace Engineering.  Dr. Kauffman has witnessed the transfer of sensitive technology to the Chinese at the University of Michigan, spoken out about it, and has been punished.  His accusations are serious, very serious.  He is a whistleblower.  Certainly we realize his facts will invite all the traditional attempts to discredit him as a “disaffected employee.”  We have found his claims credible, and worth passing on to you.

 
Trade is good when conducted properly.  But too often trade is being allowed to trump crucial American interests, including national security, even as we tolerate massive trade distorting practices by others.  We ask that you vigorously review the potential for Seagate to be acquired by the Chinese, and also review the rules governing U.S. companies’ investment in China (relating to forced technology transfer issues).  No investment – going in either direction - should occur without strong, clear, self-enforcing guarantees and remedies preventing sensitive technology transfer or compromising other strategic interests.  Some investments, like Seagate, are so laden with sensitive technology risks that they probably cannot be completed under terms that eliminate these risks.

Respectfully,
 
Thomas F. Stokes
President
 

Cc:    Robert M. Gates, Secretary of Defense (via U.S. mail)
    Carlos M. Gutierrez, Secretary of Commerce (fax: 202-482-2741)
    Henry M. Paulson, Secretary of the Treasury (fax: 202-622-6415)
Michael Chertoff, Secretary of Homeland Security (fax: 202-282-8401)
The Honorable Bennie Thompson, Chairman, Committee on Homeland Security (fax: 202-226-4499)
The Honorable Ike Skelton, Chairman, House Committee on Armed Services (fax: 202-225-9077)
The Honorable Duncan Hunter, Ranking Member, House Committee on Armed Services (fax: 202-225-0850
The Honorable Joe Lieberman, Chairman, Senate Committee on Homeland Security & Governmental Affairs (fax: 202-228-3792)
The Honorable Carl Levin, Chairman, Senate Committee on Armed Services (fax: 202-228-0036)

 

 
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