Kenya’s President Mandates Lifestyle Audit for Public Servants

Kenya’s President Uhuru Kenyatta has intensified his war on graft by announcing that all public servants will undergo a compulsory lifestyle audit to account for their sources of wealth.

This latest announcement follows financial scandals that have rocked the country with revelations that millions of dollars were lost in various government agencies through corrupt deals that involved government officials.

Kenyatta offered himself to be the first leader to undergo the audit that seeks to identify corrupt public officials, saying the lifestyle audits would control the misuse of public funds. He said public servants would be required to explain their sources of wealth with an aim of weeding out those found to have plundered government funds.

“You have to tell us, this is the house you have, this is your salary, how were you able to afford it? This car that you bought, (don’t try to put it under your wife’s name or son’s name, we will still know it is yours), where did you get it? You must explain and I will be the first person to undergo the lifestyle audit,” he said.

Scandals uncovered

In the past month, various corruption scandals involving tenders and suppliers in government agencies have been unearthed. The corruption scandals as revealed have exposed the theft of hundreds of millions of shillings by state officials from several government bodies.

So far, more than 40 government officials, including businesspeople, have been arrested over the recent  scandals.

Kenyatta has continued to express his frustration about the graft, which seems to have spiraled out of control since he came into office in 2013.

“This issue of people stealing what belongs to Kenyans, I swear to God it has to come to an end in Kenya,” Kenyatta said.

Establishing accountability

The president said the lifestyle audit will be key among other measures also put in place by the government to curb the vice.

Earlier in the week, Kenyatta issued an executive order requiring all government entities and publicly owned institutions to publish full details of tenders and awards beginning July 1, 2018.

“For example, if this road is being built, we want to know: Who won the tender for the construction? How much was the tender? Who came in second and third? Why was the first person awarded instead of these two? All these reasons, we need to know. Kenyans need to know so that it is out there, that this company was awarded this tender, belongs to a certain person, these are the directors, these are the shareholders. There will be no more hiding,” he said.

On June 1, Kenyatta ordered that all heads of procurement and accounting units be vetted again. He said the vetting would include subjecting the officers to polygraph tests to determine integrity.

Kenya scored 28 points out of 100 on the 2017 Corruption Perceptions Index reported by Transparency International. The Corruption Index in Kenya averaged 22.62 points from 1996 until 2017.

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World Bank: Remittance Flows Rising After Years of Decline

After two consecutive years of decline, remittances, the money migrant workers send home, increased in 2017 according to figures released by the World Bank. Remittances are a significant financial contribution to the well-being of families of migrant workers and to the sustainable development of their countries of origin. The U.N. recognizes their importance every year on June 16, designated International Day of Family Remittances. VOA’s Cristina Caicedo Smit reports on this vital lifeline.

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Poll: Ticked at Trump, Canadians Say They’ll Avoid US Goods

Seventy percent of Canadians say they will start looking for ways to avoid buying U.S.-made goods in a threat to ratchet up a trade dispute between Prime Minister Justin Trudeau and U.S. President Donald Trump, an Ipsos Poll showed Friday.

The poll also found a majority of Americans and Canadians are united in support of Trudeau and opposition to Trump in their countries’ standoff over the renegotiation of the 1994 North American Free Trade Agreement (NAFTA).

Amid the spat, Trump pulled out of a joint communique with six other countries last weekend during a Quebec summit meeting of the Group of Seven industrialized democracies and called Trudeau “very dishonest and weak.”

Trump was reacting to Trudeau’s having called U.S. steel and aluminum tariffs insulting to Canada. Trudeau has said little about the matter since a Trump Twitter assault. 

Despite the tensions, 85 percent of Canadians and 72 percent of Americans said they support being in NAFTA, and 44 percent of respondents in both countries said renegotiation of the deal would be a good thing for their country.

While the poll showed support for a boycott of U.S. goods in Canada, pulling it off could be difficult in a country that reveres U.S. popular culture and consumer goods over all others.

Canada is the largest market for U.S. goods.

Trudeau over Trump

The poll showed 72 percent of Canadians and 57 percent of Americans approved of the way Trudeau had handled the situation, while 14 percent of Canadians and 37 percent of Americans approved of Trump’s behavior.

More than eight in 10 Canadians and seven in 10 Americans worry the situation has damaged bilateral relations.

Canada has vowed to retaliate against U.S. tariffs on steel and aluminum with tariffs against a range of U.S. goods, a move supported by 79 percent of Canadians, according to the poll.

By contrast, Americans opposed escalating the situation.

Thirty-one percent of Americans said they favored even stronger tariffs, and 61 percent said other elected U.S. officials should denounce Trump’s statements.

Canadian respondents also signaled approval of the united front their politicians have shown, with 88 percent saying they welcomed the support of politicians from other parties for the Liberal government’s decision to push back on tariffs.

While Canadian consumers appeared ready to boycott U.S. goods, 57 percent of Canadians and 52 percent of Americans said Canada should not overreact to Trump’s comments because it was just political posturing.

The Ipsos Poll of 1,001 Canadians and 1,005 Americans — including 368 Democrats, 305 Republicans and 202 independents — was conducted June 13-14. It has a credibility interval of 3.4 percentage points.

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US Lobsters Are a Target of China’s Threatened Tariffs

A set of retaliatory tariffs released by China on Friday includes a plan to tax American lobster exports, potentially jeopardizing one of the biggest markets for the premium seafood. 

Chinese officials announced the planned lobster tariff along with hundreds of other tariffs amid the country’s escalating trade fight with the United States. China said it wants to place new duties on items such as farm products, autos and seafood starting July 6.

The announcement could have major ramifications for the U.S. seafood industry and for the economy of the state of Maine, which is home to most of the country’s lobster fishery. China’s interest in U.S. lobster has grown exponentially in recent years, and selling to China has become a major focus of the lobster industry.

“Hopefully cooler heads can prevail and we can get a solution,” said Matt Jacobson, executive director of the Maine Lobster Marketing Collaborative. “It’s a year-round customer in China. This isn’t good news at all.”

A Chinese government website on Friday posted a list of seafood products that will be subject to the tariffs, and it included live, fresh and frozen lobster. The website stated that the items would be taxed at 25 percent.

The announcement came in response to President Donald Trump’s own increase in tariffs on Chinese imports in America. The Republican president announced a 25 percent tariff on up to $50 billion worth of Chinese goods on Friday.

The news raised alarms around the Maine lobster industry, as China’s an emerging market for U.S. lobster, which has gained popularity with the growing middle class. Maine lobster was worth more than $430 million at the docks last year, and the industry is a critical piece of the state’s economy, history and heritage.

The U.S. isn’t the only country in the lobster trade. Canada also harvests the same species of lobster and is a major trading partner with China.

“Anything that affects the supply chain is obviously not a great thing,” said Kristan Porter, president of the Maine Lobstermen’s Association. “The lobstermen obviously are concerned with trade and where they go.”

The value of China’s American lobster imports grew from $108.3 million in 2016 to $142.4 million last year. The country barely imported any American lobster a decade ago.

China and the U.S. are major seafood trading partners beyond just lobster, and the new tariffs would apply to dozens of products that China imports from the U.S., including salmon, tuna and crab. The U.S. imported more than $2.7 billion in Chinese seafood last year, and the U.S. exported more than $1.3 billion to China.

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Trump OKs Plan to Impose Tariffs on Billions in Chinese Goods

President Donald Trump has approved a plan to impose punishing tariffs on tens of billions of dollars worth of Chinese goods as early as Friday, a move that could put his trade policies on a collision course with his push to rid the Korean Peninsula of nuclear weapons.

Trump has long vowed to fulfill his campaign pledge to clamp down on what he considers unfair Chinese trading practices. But his calls for billions in tariffs could complicate his efforts to maintain China’s support in his negotiations with North Korea.

Trump met Thursday with several Cabinet members and trade advisers and was expected to impose tariffs on at least $35 billion to $40 billion of Chinese imports, according to an industry official and an administration official familiar with the plans. The amount of goods could reach $55 billion, said the industry official. The officials spoke on condition of anonymity in order to discuss the matter ahead of a formal announcement.

Stage set for retaliation

If the president presses forward as expected, it could set the stage for a series of trade actions against China and lead to retaliation from Beijing. Trump has already slapped tariffs on steel and aluminum imports from Canada, Mexico and European allies, and his proposed tariffs against China risk starting a trade war involving the world’s two biggest economies.

The decision on the Chinese tariffs comes in the aftermath of Trump’s summit with North Korean leader Kim Jong Un. The president has coordinated closely with China on efforts to get Pyongyang to eliminate its nuclear arsenal. But he signaled that whatever the implications, “I have to do what I have to do” to address the trade imbalance.

Trump, in his press conference in Singapore on Tuesday, said the U.S. has a “tremendous deficit in trade with China and we have to do something about it. We can’t continue to let that happen.” The U.S. trade deficit with China was $336 billion in 2017.

Administration officials have signaled support for imposing the tariffs in a dispute over allegations that Beijing steals or pressures foreign companies to hand over technology, according to officials briefed on the plans. China has targeted $50 billion in U.S. products for potential retaliation.

​Pompeo in China

Secretary of State Mike Pompeo raised the trade issue directly with China Thursday, when he met in Beijing with President Xi Jinping and other officials, the State Department said. Officials would not say whether Pompeo explicitly informed the Chinese that the tariffs would be coming imminently.

“I stressed how important it is for President Trump to rectify that situation so that trade becomes more balanced, more reciprocal and more fair, with the opportunity to have American workers be treated fairly,” Pompeo said Thursday during a joint news conference with Foreign Minister Wang Yi.

Wall Street has viewed the escalating trade tensions with wariness, fearful that they could strangle the economic growth achieved during Trump’s watch and undermine the benefits of the tax cuts he signed into law last year.

“If you end up with a tariff battle, you will end up with price inflation, and you could end up with consumer debt. Those are all historic ingredients for an economic slowdown,” Gary Cohn, Trump’s former top economic adviser, said at an event sponsored by The Washington Post.

Bannon: Trump economic message

But Steve Bannon, Trump’s former White House and campaign adviser, said the crackdown on China’s trade practices was “the central part of Trump’s economic nationalist message. His fundamental commitment to the ‘deplorables’ on the campaign trail was that he was going to bring manufacturing jobs back, particularly from Asia.”

In the trade fight, Bannon said, Trump has converted three major tools that “the American elites considered off the table” — namely, the use of tariffs, the technology investigation of China and penalties on Chinese telecom giant ZTE.

“That’s what has gotten us to the situation today where the Chinese are actually at the table,” Bannon said. “It’s really not just tariffs, it’s tariffs on a scale never before considered.”

Chinese counterpunch

The Chinese have threatened to counterpunch if the president goes ahead with the plan. Chinese officials have said they would drop agreements reached last month to buy more U.S. soybeans, natural gas and other products.

“We made clear that if the U.S. rolls out trade sanctions, including the imposition of tariffs, all outcomes reached by the two sides in terms of trade and economy will not come into effect,” foreign ministry spokesman Geng Shuang said Thursday.

Beijing has also drawn up a list of $50 billion in U.S. products that would face retaliatory tariffs, including beef and soybeans, a shot at Trump’s supporters in rural America.

Scott Kennedy, a specialist on the Chinese economy at the Center for Strategic and International Studies, said the Chinese threat was real and helped along by recent strains exhibited among the U.S. and allies.

“I don’t think they would cower or immediately run to the negotiating table to throw themselves at the mercy of Donald Trump,” Kennedy said. “They see the U.S. is isolated and the president as easily distracted.”

Ron Moore, who farms 1,800 acres of corn and soybeans in Roseville, Illinois, said soybean prices have started dropping ahead of what looks like a trade war between the two economic powerhouses. 

“We have to plan for the worst-case scenario and hope for the best,” said Moore, who is chairman of the American Soybean Association. “If you look back at President Trump’s history, he’s been wildly successful negotiating as a businessman. But it’s different when you’re dealing with other governments.”

The U.S. and China have been holding ongoing negotiations over the trade dispute. The United States has criticized China for the aggressive tactics it uses to develop advanced technologies, including robots and electric cars, under its “Made in China 2025” program. The U.S. tariffs are designed specifically to punish China for forcing American companies to hand over technology in exchange for access to the Chinese market.

The administration is also working on proposed Chinese investment restrictions by June 30. So far, Trump has yet to signal any interest in backing away. 

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AT&T to Close Time Warner Deal, But Government May Appeal

AT&T Inc may close its $85 billion deal to buy Time Warner Inc under an agreement reached on Thursday with the U.S. government, which might still appeal a case seen as a turning point for the media industry.

AT&T said it could close the deal by Friday. The government has not ruled out an appeal and has 60 days to file.

AT&T agreed to temporarily manage Time Warner’s Turner networks separately from DirecTV, including setting prices and managing personnel, as part of the deal approved by Judge Richard Leon late Thursday.

The conditions agreed to by AT&T would remain in effect until Feb. 28, 2019, the conclusion of the case or an appeal.

Leon of the U.S. District Court for the District of Columbia ruled on Tuesday that the deal to marry AT&T’s wireless and satellite businesses with Time Warner’s movies and television shows was legal under antitrust law. The Justice Department had argued the deal would harm consumers.

U.S. President Donald Trump, a frequent critic of Time Warner’s CNN coverage, denounced the deal when it was announced in October 2016.

The fact that Turner, which includes CNN, will be run separately from DirecTV makes a stay unnecessary, said Seth Bloom, a veteran of the Justice Department’s Antitrust Division who is now in private practice.

In its lawsuit aimed at stopping the deal, filed in November 2017, the Justice Department said that AT&T’s ownership of both DirecTV and Time Warner, especially its Turner subsidiary, would give AT&T unfair leverage against rival pay TV providers that relied on content like CNN and HBO’s “Game of Thrones.”

“This is clearly leaving open the door for the DOJ (Justice Department) to appeal,” Bloom said. “If Turner is run separately, they don’t really need a stay.”

The AT&T ruling is expected to trigger a wave of mergers in the media sector, which has been upended by companies like Netflix Inc and Alphabet Inc’s Google.

The first to come was Comcast Corp’s $65 billion bid on Wednesday for the entertainment assets of Twenty-First Century Fox Inc.

AT&T had been worried about closing its deal ahead of a June 21 deadline if the government won a stay pending an appeal. Any stay could take the deal beyond a June 21 deadline for completing the merger, which could allow Time Warner to walk away or renegotiate the proposed transaction with AT&T.

The government may have a difficult time winning on appeal because of the way Judge Leon wrote his opinion, four antitrust experts said.

“I don’t think this would be overturned. It is so rooted in the facts that I would be surprised if an appellate court overturned such a fact-laden opinion,” said Michael Carrier, who teaches law at Rutgers.

In a scathing opinion after a six-week trial, Leon found little to support the government’s arguments that the deal would harm consumers, calling the evidence for one argument against the deal “gossamer thin” and another “poppycock.”

The merger, including debt, would be the fourth largest deal ever attempted in the global telecom, media and entertainment space, according to Thomson Reuters data. It would also be the 12th largest deal in any sector, the data showed.

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Supreme Court Answers Question of Foreign Law in US Courts

Nyet. Non. Nein. No. That’s the answer the Supreme Court gave Thursday to the question of whether federal courts in the United States must accept statements from foreign governments about their own laws as binding.

Justice Ruth Bader Ginsburg wrote for a unanimous court that a “federal court should accord respectful consideration to a foreign government’s submission,” but is not required to treat it as conclusive.

Given “the world’s many and diverse legal systems and the range of circumstances in which a foreign government’s views may be presented,” there is no single formula on how to treat the information a foreign government provides, Ginsburg wrote.

Ginsburg said the appropriate weight given to a government’s statement in each case will depend on the circumstances. Among the factors that U.S. courts should weigh in looking at what a foreign government has said about its own law are: the statement’s clarity, thoroughness and support as well as the transparency of the foreign legal system and the role and authority of the statement’s author.

Trade case

The ruling came in a case that involves trade with China, a class action lawsuit filed by two U.S.-based purchasers of vitamin C: Nacogdoches, Texas-based Animal Science Products and Elizabeth, New Jersey-based The Ranis Company. The companies sued vitamin C exporters in China. They alleged the exporters had violated U.S. antitrust laws by fixing the prices and amounts of vitamin C exported to the United States.

The vitamin C exporters argued that Chinese law had required their actions and that the lawsuit should therefore be dismissed. China’s Ministry of Commerce filed a brief arguing the same.

US rulings

A federal trial court said the ministry was entitled to “substantial deference” in its interpretation of its own law but didn’t find its statements conclusive. The judge ruled that Chinese law did not require the companies to fix the price or quantity of vitamin C exports, and after a jury found against the exporters, the judge awarded the U.S. companies $147 million.

The New York-based U.S. Court of Appeals for the 2nd Circuit reversed the award and dismissed the lawsuit, saying when a foreign government participates in U.S. court proceeding and submits a statement about its laws and regulations the U.S. court is “bound to defer to those statements.” The Supreme Court disagreed.

The Trump administration had urged the court to side, as it did, with the Vitamin C purchasers.

The case is 16-1220, Animal Science Products v. Hebei Welcome Pharmaceutical Co.

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