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    U.S. and Europe Eye Russian Assets to Aid Ukraine as Funding Dries Up

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    Despite legal reservations, policymakers are weighing the consequences of using $300 billion in Russian assets to help Kyiv’s war effort.The Biden administration is quietly signaling new support for seizing more than $300 billion in Russian central bank assets stashed in Western nations, and has begun urgent discussions with allies about using the funds to aid Ukraine’s war effort at a moment when financial support is waning, according to senior American and European officials.Until recently, Treasury Secretary Janet L. Yellen had argued that without action by Congress, seizing the funds was “not something that is legally permissible in the United States.” There has also been concern among some top American officials that nations around the world would hesitate to keep their funds at the New York Federal Reserve, or in dollars, if the United States established a precedent for seizing the money.But the administration, in coordination with the Group of 7 industrial nations, has begun taking another look at whether it can use its existing authorities or if it should seek congressional action to use the funds. Support for such legislation has been building in Congress, giving the Biden administration optimism that it could be granted the necessary authority.The talks among finance ministers, central bankers, diplomats and lawyers have intensified in recent weeks, officials said, with the Biden administration pressing Britain, France, Germany, Italy, Canada and Japan to come up with a strategy by Feb. 24, the second anniversary of the invasion.The more than $300 billion of Russian assets under discussion have already been out of Moscow’s control for more than a year. After the invasion of Ukraine, the United States, along with Europe and Japan, used sanctions to freeze the assets, denying Russia access to its international reserves.But seizing the assets would take matters a significant step further and require careful legal consideration.President Biden has not yet signed off on the strategy, and many of the details remain under heated discussion. Policymakers must determine if the money will be channeled directly to Ukraine or used to its benefit in other ways.They are also discussing what kinds of guardrails might be associated with the funds, such as whether the money could be used only for reconstruction and budgetary purposes to support Ukraine’s economy, or whether — like the funds Congress is debating — it could be spent directly on the military effort.The discussions have taken on greater urgency since Congress failed to reach a deal to provide military aid before the end of the year. On Tuesday, lawmakers abandoned a last-ditch effort amid a stalemate over Republican demands that any aid be tied to a crackdown on migration across the U.S. border with Mexico.The Financial Times reported earlier that the Biden administration had come around to the view that seizing Russia’s assets was viable under international law.A senior administration official said this week that even if Congress ultimately reached a deal to pay for more arms for Ukraine and aid to its government, eroding support for the war effort among Republicans and Ukraine’s increasingly precarious military position made it clear that an alternative source of funding was desperately needed.American officials have said that current funding for the Ukrainians is nearly exhausted, and they are scrambling to find ways to provide artillery rounds and air defenses for the country. With Europe’s own promise of fresh funds also stuck, a variety of new ideas are being debated about how to use the Russian assets, either dipping into them directly, using them to guarantee loans or using the interest income they earn to help Ukraine.“This amount of money that we’re talking about here is simply game-changing,” said Philip Zelikow, a State Department official in both Bush administrations and a senior fellow at Stanford University’s Hoover Institution. “The fight over this money which is occurring is actually in some ways the essential campaign of the war.”Seizing such a large sum of money from another sovereign nation would be without precedent, and such an action could have unpredictable legal ramifications and economic consequences. It would almost certainly lead to lawsuits and retaliation from Russia.Ukraine’s president, Volodymyr Zelensky, referred to the discussions in a video address to his country last week, saying that “the issue of frozen assets was one of the very important decisions addressed” during his recent talks in Washington. He seemed to suggest that the funds should be directed to arms purchases, adding, “The assets of the terrorist state and its affiliates should be used to support Ukraine, to protect lives and people from Russian terror.”In a sign that some European countries are ready to move forward with confiscating Russian assets, German prosecutors this week seized about $790 million from the Frankfurt bank account of a Russian financial firm that was under E.U. sanctions.The Biden administration has said little in public about the negotiations. At the State Department on Tuesday, Matthew Miller, a spokesman, said: “It’s something that we have looked at. There remains sort of operational questions about that, and legal questions.” He said he did not have more information.Very little of the Russian assets, perhaps $5 billion or so by some estimates, are in the hands of U.S. institutions. But a significant chunk of Russia’s foreign reserves are held in U.S. dollars, both in the United States and in Europe. The United States has the power to police transactions involving its currency and use its sanctions to immobilize dollar-denominated assets.President Volodymyr Zelensky of Ukraine at the Capitol this month. A Biden administration official said that even if Congress ultimately reached a deal to send more aid to Ukraine, an alternative source of funding was still desperately needed.Kent Nishimura for The New York TimesThe bulk of the Russian deposits are believed to be in Europe, including in Switzerland and Belgium, which are not part of the Group of 7. As a result, diplomatic negotiations are underway over how to gain access to those funds, some of which are held in euros and other currencies.American officials were surprised that President Vladimir V. Putin did not repatriate the funds before the Ukraine invasion. But in interviews over the past year, they have speculated that Mr. Putin did not believe the funds would be seized, because they were left untouched after his invasion and annexation of Crimea in 2014. And bringing the funds home to Russia would have been another tipoff that an invasion was imminent, at a time Mr. Putin was vigorously denying American and British charges that he was preparing for military action.One Group of 7 official said the coalition had been considering a variety of options for how to use Russia’s assets, with the goal of putting forward a unified proposal around the second anniversary of the war, when many top officials will be gathering in Germany for the Munich Security Conference. The first debates have focused on what would be permissible under international law and under each nation’s domestic laws, as they consider Russia’s likely legal responses and retaliatory measures.Earlier in the year, American officials said they thought the frozen assets could be used as leverage to help force Russia to the negotiating table for a cease-fire; presumably, in return, Moscow would be given access to some of its assets. But Russia has shown no interest in such negotiations, and now officials argue that beginning to use the funds may push Moscow to move to the negotiating table.Among the options that Western countries have discussed are seizing the assets directly and transferring them to Ukraine, using interest earned and other profits from the assets that are held in European financial institutions to Ukraine’s benefit or using the assets as collateral for loans to Ukraine.Daleep Singh, a former top Biden administration official, suggested in an interview this year that the immobilized reserves should be placed into an escrow account that Ukraine’s Ministry of Finance could have access to and be used as collateral for new bonds that Ukraine would issue.If Ukraine can successfully repay the debt — over a period of 10 to 30 years — then Russia could potentially have its frozen assets back.“If they can’t repay, my hunch is that Russia probably has something to do with that,” said Mr. Singh, who is now the chief global economist at PGIM Fixed Income. “And so in that way, Russia has a stake in Ukraine’s emergence as a sovereign independent economy and country.”Settling on a solid legal rationale has been one of the biggest challenges for policymakers as they decide how to proceed.Proponents of seizing Russia’s assets, such as Mr. Zelikow and former Treasury Secretary Lawrence Summers, have argued that nations that hold Russian assets are entitled to cancel their obligations to Russia and apply those assets to what Russia owes for its breach of international law under the so-called international law of state countermeasures. They note that after Iraq’s invasion of Kuwait in 1990, $50 billion of Iraqi funds were seized and transferred through the United Nations to compensate victims in Iraq and other countries.Robert B. Zoellick, the former World Bank president, has been making the case to Group of 7 finance ministers that as long as they act in unison, seizing Russian assets would not have an impact on their currencies or the status of the dollar. He suggested that other countries were unlikely to rush to put their money into another currency, such as China’s renminbi.“With reserve currencies, it’s always a question of what your alternatives are,” said Mr. Zoellick, who was also a Treasury and State Department official.One of the obstacles in the United States for seizing Russian assets has been the view within the Biden administration that being able to lawfully do so would require an act of Congress. At a news conference in Germany last year, Ms. Yellen highlighted that concern.“While we’re beginning to look at this, it would not be legal now, in the United States, for the government to seize those statutes,” Ms. Yellen said. “It’s not something that is legally permissible in the United States.”Since then, however, Ms. Yellen has become more open to the idea of seizing Russia’s assets to aid Ukraine.Factions of Congress have previously tried to attach provisions to the annual defense bill to allow the Justice Department to seize Russian assets belonging to officials under sanction and funnel the proceeds from the sale of those assets to Ukraine to help pay for weapons. But the efforts have faltered amid concerns that the proposals were not thoroughly vetted.With Ukraine running low on funds and ammunition, the debate about how to provide more aid could shift from a legal question to a moral question.“One can understand the precedential point made by those who do not believe the assets should be seized,” said Mark Sobel, a former longtime Treasury Department official who is now the U.S. chairman of the Official Monetary and Financial Institutions Forum. “Given skirmishes and wars in many spots, one could easily argue such a precedent could get out of hand.”However, Mr. Sobel argued that the barbarity of Russia’s actions justified using its assets to compensate Ukraine.“In my mind, humanity dictates that those factors outweigh the argument that seizing the assets would be unprecedented simply because Russia’s heinous and unfathomable behavior must be strongly punished,” he said.Eric Schmitt More

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    Lawmakers Call for Raising Tariffs and Severing Economic Ties With China

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    A bipartisan report recommended stripping China of the low tariffs the United States granted it two decades ago, among other actions.Bipartisan lawmakers on Tuesday called for severing more of America’s economic and financial ties with China, including revoking the low tariff rates that the United States granted Beijing after it joined the World Trade Organization more than two decades ago.The House Select Committee on the Chinese Communist Party released a wide-ranging set of recommendations for resetting America’s economic relationship with China. The report, which was signed by both House Democrats and Republicans, argued that China had carried out a “multidecade campaign of economic aggression” that had undercut American firms, dominated crucial global industries and left the United States highly vulnerable in the event of a broader military conflict.The 53-page report included nearly 150 recommendations that Congress and the administration could take to offset those vulnerabilities. They ranged from imposing new tariffs on older types of Chinese chips to further cutting off the flow of capital and technology between the world’s largest economies.Among the report’s other recommendations were requiring that publicly traded American companies disclose ties to China and investing further in U.S. research and manufacturing capacity to counter China’s dominance of sectors like pharmaceuticals and critical minerals. It also suggested developing plans to coordinate economically with allies if the Chinese government invades Taiwan.Many of the recommendations may never be adopted by a fractious Congress. But the report could provide a path toward some bipartisan legislation on China in the months to come.Representative Mike Gallagher, Republican of Wisconsin and the committee’s chairman, said in an interview that he would like to see Congress come together on a major China bill next year ahead of the presidential election. He said that while some American firms opposed restrictions on doing business with China — a large and growing market — legislation clarifying what was allowed would be beneficial for many companies.“If Congress doesn’t step up and do something legislatively,” Mr. Gallagher said, “we’re just going to bounce back and forth between different executive orders that have wildly different rules that create chaos for Wall Street and the market.”The report is a tangible sign of how much the bipartisan consensus toward China has shifted in recent years.The most prevalent argument a decade ago was that economic interdependence between the United States and China would be a force for peace and stability. Some — including Biden administration officials — still say that business ties can help stabilize the relationship and promote peace.But that theory has increasingly given way to fears that ties to China could be weaponized in the event of a conflict. It could be catastrophic for the U.S. economy or the military, for example, if the Chinese government cut off its shipments to the United States of pharmaceuticals, minerals or components for weapons systems.Beijing’s subsidization of Chinese firms and incidents of intellectual property theft have also become an increasing source of friction. In some cases, China has allowed foreign firms to operate in the country only if they form partnerships that transfer valuable technology to local companies.The report said that the United States had never before faced a geopolitical adversary with which it was so economically interconnected, and that the full extent of the risk of relying on a strategic competitor remained unknown. The country lacks a contingency plan in the case of further conflict, it said.“Addressing this novel contest will require a fundamental re-evaluation of U.S. policy towards economic engagement with the P.R.C. as well as new tools to address the P.R.C.’s campaign of economic aggression,” the report said, using the abbreviation for the People’s Republic of China.This year, the committee hosted a tabletop exercise to simulate how the United States would respond if the Chinese government invaded Taiwan. It found that U.S. efforts to deter China through sanctions and financial punishment “could carry tremendous costs to the United States,” the report said.The lawmakers said that they did not advocate a full “decoupling” of the U.S. and Chinese economies, but that the country needed to find a way to reduce Beijing’s leverage and to make the United States more economically independent.The report includes a variety of other recommendations, including increasing the authority of a committee that reviews foreign investments for national security threats and devising new high-standard trade agreements, especially with Taiwan, Japan and Britain.But the report’s first recommendation, and perhaps its most significant, is phasing in a new set of tariffs for China over a short period of time.When China joined the World Trade Organization in 2001, the United States and other members began offering China lower tariffs to encourage trade. In return, China started undertaking a series of reforms to bring its economy in line with the organization’s rules.But the report argued that China had consistently failed to make good on those promised reforms, and that the “permanent normal trade relations” the United States had granted to China after its W.T.O. succession did not lead to the benefits or economic reforms Congress had expected. The report said Congress should now apply a different, higher set of tariffs to China.Such a move has been debated by lawmakers, and has been backed by former President Donald J. Trump and other Republican candidates. Last year, Congress voted to revoke permanent normal trade relations with Russia after its invasion of Ukraine.But increasing tariffs on China, one of the United States’ largest trading partners, would provoke more opposition from businesses, since it would raise costs for products imported from China and most likely slow economic growth.The United States already has significant tariffs on many Chinese products, which were imposed during the Trump administration’s trade war and President Biden is still reviewing. The further changes suggested by Congress would increase levies on other items, like toys and smartphones, that have not born additional taxes.A study published by Oxford Economics in November and commissioned by the U.S. China Business Council estimated that such tariffs alone would lead to a $1.6 trillion loss for the U.S. economy over a five-year horizon. It would also be likely to cause further friction at the World Trade Organization, where the group’s most steadfast supporters have already accused the United States of undermining its rules.Liu Pengyu, a spokesman for the Chinese Embassy, said that the U.S.-China economic relationship was “mutually beneficial” and that the proposals would “serve no one’s interests.”The report runs counter to “the principles of market economy and fair competition, and will undermine the international economic and trading order and destabilize global industrial and supply chains,” he said.The Retail Industry Leaders Association, a trade group that includes Target, Home Depot and Dollar General, said in a statement on Tuesday that it was concerned about the recommendations. Raising tariffs on Chinese products would “only harm U.S. businesses and invite retaliation from China,” it said.The lawmakers’ report acknowledged that such a change would be an economic burden, and suggested that Congress consider additional appropriations for farmers and other support for workers.Mr. Gallagher said that extricating the United States from its “thorough economic entanglement” with China would not be easy, and that Washington should work to develop alternative markets and prepare for potential retaliation from Beijing.Reaching consensus on the report required months of negotiations between Democrats and Republicans, which its authors said should send a message to China. Only one member of the 24-person committee voted against the report: Representative Jake Auchincloss, a Massachusetts Democrat who had concerns about protectionism.“One of the theories that the C.C.P. has about the United States is that we are divided, that we are tribal, that we are incapable of coming together to deal with challenges,” said Representative Raja Krishnamoorthi of Illinois, the committee’s top Democrat, referring to the Chinese Communist Party. “On this particular issue of competition between the United States and the C.C.P., we are of one mind.” More

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    Biden Administration Chooses Military Supplier for First CHIPS Act Grant

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    The award, which will go to BAE Systems, is part of a new government program aimed at creating a more secure supply of semiconductors.The Biden administration will announce on Monday that BAE Systems, a defense contractor, will receive the first federal grant from a new program aimed at shoring up American manufacturing of critical semiconductors.The company is expected to receive a $35 million grant to quadruple its domestic production of a type of chip used in F-15 and F-35 fighter jets, administration officials said. The grant is intended to help ensure a more secure supply of a component that is critical for the United States and its allies.The award is the first of several expected in the coming months, as the Commerce Department begins distributing the $39 billion in federal funding that Congress authorized under the 2022 CHIPS and Science Act. The money is intended to incentivize the construction of chip factories in the United States and lure back a key type of manufacturing that has slipped offshore in recent decades.Gina Raimondo, the commerce secretary, said on Sunday that the decision to select a defense contractor for the first award, rather than a commercial semiconductor facility, was meant to emphasize the administration’s focus on national security.“We can’t gamble with our national security by depending solely on one part of the world or even one country for crucial advanced technologies,” she said.Semiconductors originated in the United States, but the country now manufactures only about one-tenth of chips made globally. While American chip companies still design the world’s most cutting-edge products, much of the world’s manufacturing has migrated to Asia in recent decades as companies sought lower costs.Chips power not only computers and cars but also missiles, satellites and fighter jets, which has prompted officials in Washington to consider the lack of domestic manufacturing capacity a serious national security vulnerability.A global shortage of chips during the pandemic shuttered car factories and dented the U.S. economy, highlighting the risks of supply chains that are outside of America’s control. The chip industry’s incredible reliance on Taiwan, a geopolitical flashpoint, is also considered an untenable security threat given that China sees the island as a breakaway part of its territory and has talked of reclaiming it.The BAE chips that the program would help fund are produced in the United States, but administration officials said the money would allow the company to upgrade aging machinery that poses a risk to the facility’s continuing operations. Like other grants under the program, the funding would be doled out to the company over time, after the Commerce Department carries out due diligence on the project and as the company reaches certain milestones.“When we talk about supply chain resilience, this investment is about shoring up that resilience and ensuring that the chips are delivered when our military needs them,” said Jake Sullivan, President Biden’s national security adviser.BAE, partly through operations purchased from Lockheed Martin, specializes in chips called monolithic microwave integrated circuits that generate high-frequency radio signals and are used in electronic warfare and aircraft-to-aircraft communications.The award will be formally announced at the company’s Nashua, N.H., factory on Monday. The facility is part of the Pentagon’s “trusted foundry” program, which fabricates chips for defense-related needs under tight security restrictions.In the coming months, the Biden administration is expected to announce much larger grants for major semiconductor manufacturing facilities run by companies like Intel, Samsung or Taiwan Semiconductor Manufacturing Company, known as TSMC.Speaking to reporters on Sunday, Ms. Raimondo said the grant was “the first of many announcements” and that the pace of those awards would accelerate in the first half of next year.The Biden administration is hoping to create a thriving chip industry in the United States, which would encompass the industry’s most cutting-edge manufacturing and research, as well as factories pumping out older types of chips and various types of suppliers to make the chemicals and other raw materials that chip facilities need.Part of the program’s focus has been establishing a secure source of chips to feed into products needed by the American military. The supply chains that feed into weapons systems, fighter jets and other technology are opaque and complex. Chip industry executives say that some military contractors have surprisingly little understanding of where some of the semiconductors in their products come from. At least some of the chip supply chains that feed into American military goods run through China, where companies manufacture and test semiconductors.Since Mr. Biden signed the CHIPS act into law, companies have announced plans to invest more than $160 billion in new U.S. manufacturing facilities in hopes of winning some portion of the federal money. The law also offers a 25 percent tax credit for funds that chip companies spend on new U.S. factories.The funding will be a test of the Biden administration’s industrial policy and its ability to pick the most viable projects while ensuring that taxpayer money is not wasted. The Commerce Department has spun up a special team of roughly 200 people who are now reviewing company applications for the funds.Tech experts expect the law to help reverse a three-decade-long decline in the U.S. share of global chip manufacturing, but it remains uncertain just how much of the industry the program can reclaim.While the amount of money available under the new law is large in historical proportions, it could go fast. Chip factories are packed with some of the world’s most advanced machinery and are thus incredibly expensive, with the most advanced facilities costing tens of billions of dollars each.Industry executives say the cost of operating a chip factory and paying workers in the United States is higher than many other parts of the world. East Asian countries are still offering lucrative subsidies for new chip facilities, as well as a large supply of skilled engineers and technicians.Chris Miller, a professor of Tufts University who is the author of “Chip War,” a history of the industry, said there was “clear evidence” of a major increase in investment across the semiconductor supply chain in the United States as a result of the law.“I think the huge question that remains is how enduring will these investments be over time,” he said. “Are they one-offs or will they be followed by second and third rounds for the companies involved?”Don Clark More

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    U.S. and Mexico Try to Promote Trade While Curbing Flow of Fentanyl

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    In her Mexico City visit, Treasury Secretary Janet L. Yellen sought to deepen economic ties while countering drug trafficking.The United States and Mexico sought to project a united front on Thursday in their efforts to deepen economic ties and crack down on illicit drug smuggling as the Biden administration looks to solidify its North American supply chain and reduce reliance on China.At the conclusion of three days of meetings in Mexico City, Treasury Secretary Janet L. Yellen announced that the U.S. and Mexico would begin working more closely to screen foreign investments coming into both countries with a new working group to weed out potential national security threats.The collaboration comes as the administration looks to ensure that allies such as Mexico are able to partake of the billions of dollars of domestic energy and climate investments that the United States is deploying. However, as the administration seeks closer cross-border economic integration, it wants to ensure that Mexico is not the recipient of potentially problematic investments from countries such as China.“Increased engagement with Mexico will help maintain an open investment climate while monitoring and addressing security risks, making both our countries safer,” Ms. Yellen said at a news conference on Thursday.In Mexico, Ms. Yellen has had to strike a delicate balance, pushing her counterparts there to work harder to confront fentanyl trafficking into the U.S. while trying to deepen economic ties at a time when China is also investing heavily to build factories there.Ms. Yellen has embraced Mexico, America’s largest trading partner, as a friendly ally during her trip — visiting drug-sniffing dogs and holding talks with top Mexican leaders. But there is growing frustration within the Biden administration over what officials perceive as President Andrés Manuel López Obrador’s unwillingness to invest in efforts to combat fentanyl trafficking in the region. An increasing number of U.S. officials have become more outspoken in recent months over the need to pressure Mexico to do more to crack down on fentanyl.“The illicit trafficking of fentanyl devastates families and communities and poses a threat to our national security while also undermining public safety in Mexico,” Ms. Yellen said.Nearly 110,000 people died last year of drug overdoses in the United States, a crisis that U.S. officials say is largely driven by the chemical ingredients for fentanyl getting shipped from China to Mexico and turned into the potent synthetic drug that is then trafficked over the southern border into the United States.Mr. López Obrador has generally rejected the notion that fentanyl is produced in his nation and described the U.S. drug crisis as a “problem of social decay.” He has argued that American politicians should not use his country as a scapegoat for the record number of overdoses in the United States. The growing number of fentanyl-related deaths have fueled calls by Republican presidential candidates to take military action against Mexico.In February, Anne Milgram, the Drug Enforcement Administration administrator, said her agency was still not receiving sufficient information from Mexican authorities about fentanyl seizures or the entry of precursor chemicals in that country, and that the United States was increasingly concerned over the number of laboratories used to produce fentanyl in Mexico.Both Republicans and Democrats are specifically concerned over a port in Manzanillo, Mexico, which they say is a prime hub for fentanyl precursors.Fernando Llano/Associated PressAnd in October, on the eve of Secretary Antony J. Blinken’s visit with President López Obrador in Mexico, Todd Robinson, the State Department’s assistant secretary of the bureau of international narcotics and law enforcement affairs, told The New York Times that the Mexican president was not acknowledging the severity of the drug crisis in the region.The Mexican president would rather be in the category of “someone who has a problem but doesn’t know it,” he said.Mr. Robinson, as well as officials in the Treasury Department, also believe Mexico must do more to bulk up its ports to intercept fentanyl precursors coming from China. Both Republicans and Democrats are specifically concerned over a port in Manzanillo, Mexico, that they say is a prime hub for fentanyl precursors.The United States in the meantime has increasingly relied on the tools of the Treasury Department to target drug organizations in Mexico that are trafficking the dangerous drug to the United States.Brian Nelson, the under secretary for terrorism and financial intelligence at the Treasury Department, said in an interview in October that the department would continue to use sanctions to pressure cartel organizations and suppliers of fentanyl chemicals.“We will continue to use our tools to map and trace the network’s suppliers of the precursor drugs that are flowing into Mexico from foreign countries, including China; the money laundering organizations that support the financial flows that enable this criminal enterprise,” Mr. Nelson said.The Treasury Department accelerated those efforts this week with the creation of a new “counter-fentanyl strike force” that will aim to more aggressively scrutinize the finances of suspected narcotics dealers. On Wednesday, Ms. Yellen announced that the Treasury Department was imposing new sanctions against 15 Mexican individuals and two companies that are linked to the Beltrán Leyva Organization, a major distributor of fentanyl into the U.S.At the same time that the Biden administration is trying to curb the flow of drugs coming from Mexico, Ms. Yellen emphasized a desire for more trade between the two countries and noted that the U.S. benefits from imports of Mexican steel, iron, glass and car parts.The 2022 Inflation Reduction Act law in the U.S. allows American consumers to benefit from tax credits for electric vehicles that are assembled in Mexico, and Ms. Yellen said that she wants to see the automobile sector supply chain more tightly integrated between the two countries.“The United States continues to pursue what I’ve called friend-shoring: seeking to strengthen our economic resilience through diversifying our supply chains across a wide range of trusted allies and partners,” Ms. Yellen said.At the news conference, Ms. Yellen pushed back against the idea that the U.S. was encouraging Mexico to adopt more rigorous foreign investment safeguards because it wanted to deter Chinese investment there.“As long as there are appropriate national security screens and those investments don’t create national security concerns for Mexico or the United States, we have absolutely no problem with China investing in Mexico to produce goods and services that will be imported into the United States,” Ms. Yellen said. More

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    U.S. to Press China to Stop Flow of Fentanyl

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    President Biden pressed the Chinese leader Xi Jinping on Wednesday to crack down on the Chinese firms that are helping to produce fentanyl, a potent drug that has killed hundreds of thousands of Americans.A plan to curb China’s illicit exports of fentanyl and, particularly, the chemicals that can be combined to make the drug was hoped to be one of the more significant achievements for the United States out of Mr. Biden and Mr. Xi’s meeting, which took place as leaders from Pacific nations gathered for an international conference in San Francisco.A summary of the meeting published by China’s CCTV News said that Mr. Biden and Mr. Xi had agreed to establish an anti-drug working group.China is home to a thriving chemical industry that pumps out compounds that are made into pharmaceuticals, fragrances, textile dyes and fertilizers. Some of those same compounds can also be combined to create fentanyl, an opioid that can be 100 times as potent as morphine.U.S. officials argue that this vast chemical industry is playing a key role in the American fentanyl crisis by supplying the bulk of materials used in illegal drug labs, including in Mexico, which is now the largest exporter of fentanyl to the United States.The Chinese government denies that its country plays such a pivotal role and instead blames the United States for harboring a culture of drug use.“All-out marketing by pharmaceutical companies, over-prescription by doctors, ineffective government crackdowns and the negative implications of marijuana legalization are among the combination of factors behind an ever-growing market for narcotics,” China’s foreign ministry said in a statement last year.U.S. officials say they have stopped more fentanyl from coming into the United States in the past two years than in the previous five years combined. According to the Centers for Disease Control and Prevention, fentanyl and other synthetic opioids may have resulted in more than 77,000 overdose deaths in the United States between May 2022 and April 2023. The problem with fentanyl overdoses is particularly acute in San Francisco, where Mr. Biden and Mr. Xi are meeting.Ian Johnson, a senior fellow for China studies at the Council on Foreign Relations, said that getting China to agree to do something about fentanyl would resonate more with average Americans than the typical “deliverables” from international meetings.“For Biden, that would be nice to have to show to the heartland of the United States that relations with China are more than just some esoteric matter, but can actually bring something to ordinary people,” Mr. Johnson said in a briefing held by the council last week. Republicans have made fentanyl-related deaths a central piece of their campaign against Mr. Biden and Democrats in the 2024 elections.Red stained pollen grain sample at the U.S. Customs and Border Protection in Chicago, last year.Lyndon French for The New York TimesCollecting pollen samples at a Customs and Border Protection facility. The extent to which an agreement with China would curb the flow of fentanyl into the United States is unclear.Lyndon French for The New York TimesStill, given the difficulties with policing an illicit industry, the extent to which an agreement would curb the flow of fentanyl into the United States is unclear.Roselyn Hsueh, an associate professor of political science at Temple University, said that an agreement between Mr. Biden and Mr. Xi could lead the Chinese central government to provide more oversight and invest more resources into inspection and monitoring. But she said Beijing had run into difficulty in the past clamping down on fentanyl and precursor chemicals.Before 2019, China was the primary source of fentanyl coming into the United States, typically through the mail and other commercial couriers. As a part of trade talks with President Donald J. Trump, the Chinese government in 2019 agreed to prohibit the production, sale and export of all fentanyl-related drugs except through special licenses.But that resulted in Chinese companies rerouting to Mexico and India’s emergence as a new production site, Ms. Hsueh said. The main source of U.S. fentanyl became Mexican criminal organizations, which used Chinese-made components and Chinese money-laundering services.Today, online sales that mask the identities of sellers and buyers further complicate enforcement. The regulation and enforcement of fentanyl and precursor chemicals remain “fragmented and decentralized” among Chinese local governments, industry associations and firms with vested interests in the chemical trade, Ms. Hsueh said.U.S. officials have said that problem is compounded because many of the ingredients used to make fentanyl are legal chemicals that can be used for legitimate purposes in other industries. The United States has issued sanctions against dozens of people in China and Hong Kong for their role in fentanyl trafficking. In September, Mr. Biden added China to the U.S. list of the world’s major drug-producing countries, a move that the Chinese government denounced as “a malicious smear.”Last month, the U.S. customs department released an updated strategy to combat fentanyl and synthetic drugs, including through the enhanced use of data and counterintelligence operations to track drug manufacturing and distribution networks, and target suspicious locations and recipients that demonstrate patterns of illicit activity. “In my 30 years as a customs official, the trafficking of synthetic illicit drugs like fentanyl is one of the toughest, most daunting challenges I have ever seen,” said Troy Miller, the acting commissioner for Customs and Border Protection.U.S. officials say they have stopped more fentanyl from coming into the United States in the past two years than in the previous five years combined.Mamta Popat/Arizona Daily Star, via Associated PressU.S. officials believe China’s dominance as a chemical producer makes Beijing’s cooperation key for enforcement. Administration officials, including Commerce Secretary Gina M. Raimondo, have raised the issue with top Chinese officials during recent trips to China.When six lawmakers, including Senator Chuck Schumer, the majority leader, had a chance to talk to Mr. Xi during a visit to China last month, the main issue they brought up was not trade or military coordination or climate change, but the harm that fentanyl had caused in their home states.“Everyone told stories, personal stories about how, you know, friends of ours, family, have died from fentanyl, and how this was a really important issue, and I think that you could tell that made an impression on him, how deeply we felt about it,” said Mr. Schumer, a New York Democrat.Fentanyl precursors from China have become a bipartisan issue in Congress, and the six senators who spoke with Mr. Xi were three Democrats and three Republicans.“China needs to enforce laws that prevent the export of fentanyl precursors to international drug markets,” said Senator Bill Cassidy, Republican of Louisiana.Despite the scale of the problem, there is hope that greater coordination between the United States and China could improve the situation. Cooperation between the countries on preventing shipments of the precursor chemicals stalled several years ago after the United States placed sanctions on a Chinese government entity for its alleged involvement in human rights abuses in China’s westernmost region, Xinjiang.That entity was located at the same address in Beijing as the National Narcotics Laboratory of China, which plays a key role in China’s law enforcement effort on drug-related chemicals.Chinese officials deeply resent American sanctions on their institutions, and U.S. officials have taken the position that because of the risk of confusion among the two institutes at the same address, neither institute can work with the United States.China then broadened its position in August 2022 when it halted any counternarcotics coordination with the United States as one of a series of measures taken in response to a visit to Taiwan by Representative Nancy Pelosi, then the speaker of the House. Beijing claims Taiwan, a self-ruled island democracy, as part of its territory.Eileen Sullivan More

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    Xi Jinping to Address U.S. Business Leaders Amid Rising Skepticism of China Ties

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    Corporate executives will pay $2,000 a head to dine with China’s leader in San Francisco next week, in one of a series of engagements aimed at stabilizing the U.S.-China relationship.The Chinese leader Xi Jinping, who is set to meet with President Biden in San Francisco next week, is expected to speak to top American business executives at a dinner following that bilateral meeting.Mr. Xi, who is traveling to the United States for an international conference, will address business leaders at a challenging moment in U.S.-China relations. The United States has expressed growing concern about China’s military ambitions and has sought to cut off Beijing’s access to technology that could be used against the United States. China’s treatment of Western companies, which are facing tougher restrictions in how they do business, have also prompted firms to question the wisdom of investing in China.Still, Chinese and American leaders have expressed interest in bolstering ties between their economies, the world’s two largest, which remain inextricably linked through trade. The Biden administration has sent several top officials to China this year to try to make clear that while the United States wants to protect national security, it does not seek to sever economic ties with Beijing.It is unclear whether Mr. Xi’s visit will do much to alleviate the skepticism of foreign businesses, many of which are deterred both by China’s slowing economic growth and the tighter grip of the Chinese Communist Party on business activity under Mr. Xi.Tickets to the dinner and reception, hosted by the National Committee on U.S.-China Relations and the U.S.-China Business Council, cost $2,000 each, according to an invitation circulating online. For $40,000, companies can purchase eight seats at a table plus one seat at Mr. Xi’s table, a person familiar with the event said.Engagements between Chinese officials and the U.S. business sector will try to send the signal that China remains an attractive place to do business, “as evidenced by these companies flocking to meet with Xi Jinping and have dinner with him,” Jude Blanchette, the Freeman Chair in China Studies at the Center for Strategic and International Studies, said in a briefing on Tuesday.Beijing wants this for “tactical reasons,” Mr. Blanchette said. “I don’t think, at a broad level, they’re expecting or see the prospect of resetting or recalibrating the relationship.”Foreign firms are particularly concerned about Chinese regulations that block them from selling to the government or into certain markets, and a broader counter-espionage law that can lead to prison time for company executives and researchers who deal in sensitive industries. At the same time, the United States is stepping up restrictions on investing and selling advanced technology to China, saying that such ties can pose national security concerns.Many businesses still see China as an essential market, but an increasing number are starting to look to other countries for their new investments. A survey by the U.S.-China Business Council of its members this year found that 34 percent had stopped or reduced planned investment in China over the past year, a higher percentage than in previous years.Mr. Blanchette said Chinese officials would also see the meeting as an opportunity to try to shift the U.S. trajectory on the technology controls it has placed on China. But the United States is unlikely to change its stance, he said.“I think this will be one of the issues where the U.S. and China will have longstanding tensions. And I’m sure this will be communicated to Beijing,” Mr. Blanchette said.The visit will be Mr. Xi’s first trip to the United States since 2017, when he met with President Donald J. Trump at the Mar-a-Lago estate in Florida. Since then, U.S.-China business relations have changed drastically, with the countries carrying out a trade war and sparring over advanced technology and geopolitical influence, and China turning notably more authoritarian under Mr. Xi.The dinner and reception featuring Mr. Xi will be part of a two-day “C.E.O. Summit” taking place next week on the sidelines of a bigger meeting of the leaders of the Asia Pacific Economic Cooperation, a group of 21 countries that ring the Pacific Ocean. Mr. Biden is expected to meet with Mr. Xi earlier next Wednesday, in their first face-to-face meeting in a year.Mr. Biden and Mr. Xi are expected to discuss business and technology ties, as well as issues like communication between the countries’ militaries, stopping the flow of fentanyl to the United States and new agreements for governing artificial intelligence.In recent weeks high-level Chinese officials have met with U.S. counterparts to lay the groundwork for the trip. In a news release Wednesday, the organizers of the C.E.O. summit said that Mr. Biden and Mr. Xi would be in attendance at the two-day summit, along with other world leaders and the chief executives of companies including Microsoft, Mastercard and Pfizer. More

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    U.S. Tightens China’s Access to A.I. Chips

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    The further limits on shipments could cripple Beijing’s A.I. ambitions and dampen revenues for U.S. chip makers, analysts said.The Biden administration on Tuesday announced additional limits on the kinds of advanced semiconductors that American firms can sell to China, shoring up restrictions issued last October to limit China’s progress on artificial intelligence.The rules appear likely to bring to a halt most shipments of advanced semiconductors from the United States to Chinese data centers, which use them to produce models capable of artificial intelligence. More U.S. companies seeking to sell China advanced chips, or the machinery used to make them, will be required to notify the government of their plans, or obtain a special license.To prevent the risk that advanced U.S. chips travel to China through third countries, the United States will also require chip makers to obtain licenses to ship to dozens of other countries that are subject to U.S. arms embargoes.The Biden administration argues that China’s access to such advanced technology is dangerous because it could aid the country’s military in tasks like guiding hypersonic missiles, setting up advanced surveillance systems or cracking top-secret U.S. codes.But artificial intelligence also has commercial applications, and the tougher restrictions may affect Chinese companies that have been trying to develop A.I. chatbots like ByteDance, the parent company of TikTok, or the internet giant Baidu, industry analysts said. In the longer run, the limits could also weaken China’s economy, given that A.I. is transforming industries ranging from retail to health care.The limits also appear likely to cut into the money that U.S. chip makers such as Nvidia, AMD and Intel earn from selling advanced chips to China. Some chip makers earn as much as a third of their revenue from Chinese buyers and spent recent months lobbying against tighter restrictions.U.S. officials said the rules would exempt chips that were purely for use in commercial applications, like smartphones, electric vehicles and gaming systems. Most of the rules will take effect in 30 days, though some will become effective sooner.In a statement, the Semiconductor Industry Association, which represents major chip makers, said it was evaluating the impact of the updated rules.“We recognize the need to protect national security and believe maintaining a healthy U.S. semiconductor industry is an essential component to achieving that goal,” the group said. “Overly broad, unilateral controls risk harming the U.S. semiconductor ecosystem without advancing national security as they encourage overseas customers to look elsewhere.” In a call with reporters on Monday, a senior administration official said that the United States had seen people try to work around the earlier rules, and that recent breakthroughs in generative A.I. had given regulators more insight into how the so-called large language models behind it were being developed and used.Gina M. Raimondo, the secretary of commerce, said the changes had been made “to ensure that these rules are as effective as possible.”Referring to the People’s Republic of China, she said, “The goal is the same goal that it’s always been, which is to limit P.R.C. access to advanced semiconductors that could fuel breakthroughs in artificial intelligence and sophisticated computers that are critical to P.R.C. military applications.”She added, “Controlling technology is more important than ever as it relates to national security.”The tougher rules could anger Chinese officials when the Biden administration is trying to improve relations and prepare for a potential meeting between President Biden and China’s top leader, Xi Jinping, in California next month.The Biden administration has been trying to counter China’s growing mastery of many cutting-edge technologies by pumping money into new chip factories in the United States. It has simultaneously been trying to set tough but narrow restrictions on exports of technology to China that could have military uses, while allowing other trade to flow freely. U.S. officials describe the strategy as protecting American technology with “a small yard and high fence.”But determining which technologies really pose a threat to national security has been a contentious task. Major semiconductor companies like Intel, Qualcomm and Nvidia have argued that overly restrictive trade bans can sap them of the revenue they need to invest in new plants and research facilities in the United States.Some critics say the limits could also fuel China’s efforts to develop alternative technologies, ultimately weakening U.S. influence globally.The changes announced Tuesday appear to have particularly significant implications for Nvidia, the biggest beneficiary of the artificial intelligence boom.In response to the Biden administration’s first major restrictions on artificial intelligence chips a year ago, Nvidia designed new chips, the A800 and H800, for the Chinese market that worked at slower speeds but could still be used by Chinese firms to train A.I. models. A senior administration official said the new rules would restrict those sales.In addition to those expanded restrictions, the United States will create a “gray list” that requires makers of certain less advanced chips to notify the government if they are selling them to China, Iran or other countries subject to a U.S. arms embargo.In a note to clients last week, Julian Evans-Pritchard, the head of China economics at the research firm Capital Economics, said the effects of the controls would become more apparent as non-Chinese companies rolled out more advanced versions of their current products and the amount of computing power needed to train A.I. models rose as their data sets grew larger.“The upshot is that China’s ability to reach the technological frontier in the development of large-scale A.I. models will be hampered by U.S. export controls,” Mr. Evans-Pritchard wrote. That could have broader implications for the Chinese economy, he added, since “we think A.I. has the potential to be a game changer for productivity growth over the next couple decades.” More

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    U.S. Scales Back Hopes for Ambitious Climate Trade Deal With Europe

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    A negotiating deadline is quickly approaching, and the United States has lowered its expectations for a groundbreaking trade deal.For the past two years, the United States and the European Union have been working toward a deal that would encourage trade in steel and aluminum made in more environmentally friendly ways to combat climate change.But longstanding differences on the way governments should treat trade and regulation have cropped up, preventing the allies from coming to a compromise. With an Oct. 31 deadline to reach a deal approaching, the United States has significantly narrowed its ambition for the pact, at least in its initial iteration.The outcome has been deeply disappointing for American negotiators, including Katherine Tai, the United States trade representative in charge of the talks, according to people familiar with the negotiations. In speeches last year, Ms. Tai described the potential deal as “historic” and “a paradigm-shifting model” that would reduce carbon produced by heavy industries, while also limiting unfair trade competition from countries like China, which has been pumping out cheap steel that is not manufactured in an environmentally friendly way.U.S. negotiators had envisioned setting up a club of nations committed to cleaner production, initially with Europe and later with other countries, that together would act to block dirtier steel, aluminum and other products from their markets. Steel and aluminum production is incredibly carbon intensive, with the industries together accounting for about a 10th of global carbon emissions. But Europeans raised a variety of objections to the approach, including arguing that it violated global trade rules for treating countries fairly.Now, the Biden administration is trying to salvage the talks by pushing for a narrower deal in the coming weeks. The more limited U.S. proposal currently includes an immediate agreement for countries to take steps to combat a flood of dirtier steel from countries like China, as well as a commitment to keep negotiating in the coming years for a framework that would discourage trade in products made with more carbon emissions, the people familiar with the negotiations said.Katherine Tai, the U.S. trade representative, has been seeking a far-reaching deal with the Europe Union.Pete Marovich for The New York TimesThe agreement is expected to be a point of discussion at a summit planned for Oct. 20, when President Biden will meet the president of the European Commission, Ursula von der Leyen, at the White House.The stakes are high: The United States is poised to bring back Trump-era tariffs on European steel and aluminum on Jan. 1, unless the sides reach an agreement, or American negotiators issue a special reprieve. Mr. Biden paused those tariffs for two years in 2021, when negotiations began with Europe.Restoring cooperation between the United States and Europe after years of rocky relations during the Trump presidency has been a key objective for Mr. Biden and his deputies.But the talks faced a basic obstacle: the United States and Europe have fundamental differences in how they are addressing climate change, trade and competition from China, and neither side is yet willing to significantly depart from its own policies.The Biden administration has largely dispensed with traditional trade negotiations focused on opening international markets, arguing that past trade deals that lowered global barriers to trade helped multinational corporations, rather than American workers, while supercharging the Chinese economy.Instead, the Biden administration has embraced tariffs, subsidies and trade arrangements that protect industries in the United States and allied countries, while blocking cheaper products made in China. It has done so in lock step with U.S. labor unions, which are opposed to removing tariffs and other policies that protect their industries.The European Union has criticized the American tariffs and subsidy programs as protectionist policies that threaten to undermine international trade rules.“This administration is trying to significantly retool the way we go about global economic engagement,” said Emily Benson, the director of Project on Trade and Technology at the Center for Strategic and International Studies, a think tank. “What’s unclear is the degree to which our allies buy into that agenda.”For their part, European officials are putting their efforts into an ambitious new carbon pricing scheme, that would tax companies across a range of industries in Europe and elsewhere for the greenhouse gases emitted during manufacturing. European officials have urged the United States to adopt a similar approach but American officials argue such a system is not viable in the United States, where Congress would be unlikely to impose new carbon taxes on American companies.The two governments also differ in how to approach China, which makes more than half of the world’s steel, often by burning coal. American steel makers say their Chinese counterparts receive generous government subsidies that allow Chinese steel to be sold at artificially low prices, unfairly undercutting competitors.European officials have been more reluctant to target China specifically. While the E.U. government has begun to take a more skeptical look at Chinese exports, many European nations still regard the country more as a vital business partner than a geopolitical rival.Given the close alignment between the United States and Europe on many issues, the history of trade negotiations between the governments is surprisingly bleak.The Obama administration pursued a trade deal with Europe that ultimately crumbled as a result of irreconcilable differences over regulation and agriculture. After lobbing both criticism and tariffs at Europe, the Trump administration tried for a more limited agreement, with similarly unimpressive results.The Biden administration successfully de-escalated some of those trade fights. But fundamental differences remain in how the United States and Europe view the role of government and regulation.“It’s incredibly complicated, largely because we have markedly different priorities,” said William Alan Reinsch, the Scholl Chair in International Business at the Center for Strategic and International Studies. “I can see a path but the path involves both sides making concessions that they really don’t want to make.”Miriam Garcia Ferrer, a spokeswoman for the European Commission, said the countries were “fully committed to achieving an ambitious outcome” by October.Valdis Dombrovskis, the European commissioner for trade, has warm relations with the American trade representative but that has not yet resulted in an agreement.Andy Wong/Associated PressThe European Union is seeking a permanent solution to U.S. tariffs and “re-establish normal and undistorted trans-Atlantic trade” while also driving decarbonization and addressing the challenge of global steel overproduction, Ms. Garcia Ferrer said.Sam Michel, a spokesperson for the U.S. trade representative, said that the Biden administration had “been fully committed to these negotiations over the last two years and we are hopeful both sides can reach an agreement that demonstrates the close partnership between the United States and the European Union.”People close to the talks say the outcome has been particularly disappointing given the close alignment and warm relations between Mr. Biden and Ms. von der Leyen, and Ms. Tai and her counterpart, Valdis Dombrovskis, the European commissioner for trade.Ms. Tai and Mr. Dombrovskis committed earlier this year to meeting every month. Mr. Dombrovskis, the former prime minister of Latvia, hosted Ms. Tai at a seaside dinner in the Latvian capital in June, and she brought him to the White House on July 4 to watch fireworks from the lawn.U.S. officials initially thought those meetings might mark a turning point for the negotiations. In a trip to Brussels in July, Ms. Tai told her counterparts that time was running out and that they needed to get something done.But that top-level commitment did not fuel momentum at lower levels of the bureaucracy, and progress fizzled as European negotiators left for summer holidays.The pace of talks has accelerated over the past month, but for a much more limited agreement.Jennifer Harris, a former senior director for international economics at the National Security Council who played a key role in starting negotiations, expressed optimism that progress could be made in the final days and weeks of the negotiations, especially given the upcoming meeting between Mr. Biden and Ms. von der Leyen.The talks now need “the kind of swift injection of tailwind that only leaders can provide,” she said. “I don’t think either leader is going to let this thing fail.” More