Safe return of Meng Wanzhou… victory over American jurisdiction with long arms

The herald

On September 24 local time, Ms. Meng Wanzhou, Chief Financial Officer of HUAWEI TECHNOLOGIES CO., LTD, returned to her homeland on a Chinese government-chartered plane to reunite with her family.

His 1,028-day arbitrary detention in Canada came to an end after the tireless efforts of the Chinese government. Upon arriving in China, Ms. Meng said affectionately, “Where there is a five-star red flag, there is a beacon of faith. If faith has a color, it must be Chinese red!

His ordeal began on December 1, 2018, when the United States decided to attack innocent individuals for their geopolitical game. That day, Canadian authorities arrested Ms. Meng at the Vancouver airport at the request of the United States while she was transiting the country. It was at the height of the trade war between the United States and China; the United States was starting to attack Chinese high-tech companies.

This arrest and the charges that followed were a blatant witch hunt, a political conspiracy of great powers that recklessly endangered civilians and business travel around the world. Ms Meng and Huawei have since embarked on a marathon legal battle with the Canadian government which has handled the bogus legal dispute in sync with the anti-China master plan executed by Washington. And the rest of the Western world was complicit in their silence.

It’s long-arm jurisdiction, an American invention, that gives the superpower the excuse to control the world, arrest foreign citizens, and impose sanctions on other countries. The term is generally understood to mean the ability of local courts in the United States to bring cases to their jurisdiction that are not originally within their jurisdiction.

The United States’ deadliest weapon in the exercise of the long gun jurisdiction is the Foreign Corrupt Practices Act (FCPA), which says “If a foreigner or a foreign company pays a bribe to a country. foreigner “directly or through an intermediary”, the FCPA is competent. on the case as long as the payment takes place in the United States.

According to the DOJ’s judicial interpretation, the law may be extended to foreign suspects in certain circumstances. With the most powerful financial sector in the world, the United States handles almost all cross-border commercial payments through its banks and financial infrastructures all over the world. This allows the DOJ to extend its arm long enough to impose its national laws on the entire world.

Scratching under the thin legal veneer of long-arm jurisdiction, we see naked hegemonism and power politics. First, it allows the United States to violate international law as well as the jurisdictional sovereignty and judicial independence of other countries. Second, foreign companies, especially those on a par with US multinationals, being the only targets of its “global enforcement”, disadvantages foreign competitors to prevent the United States from being challenged in their jurisdiction. leading position.

For example, the US government, while restricting all transactions of foreign companies with Cuba, is giving AT&T the green light to do the exact same thing. Third, such power of extraterritorial jurisdiction, although disguised as independent and legitimate, is in fact manipulated and abused by the government as a bargaining chip in political negotiations and disputes. Despite claims of judicial independence, in many cases it is not the court that exercises extraterritorial jurisdiction, but executive power, as in the cases of Ms. Meng Wanzhou and Alstom, where arrests of senior executives foreign enterprises were carried out by the administrative authority. In another example, the various investigative measures under Section 301 and the diplomatic demarches of the US-led “Five Eyes Alliance” against Huawei go far beyond reasonable legal process.

The United States, because of its central place in global trade and financial systems, also threatens the world with sanctions. It interrupts the supply and capital chains of foreign entities with direct sanctions and forces transnational corporations and financial institutions to comply with the sanctions, further amplifying the effect of punitive measures.

Long before Ms. Meng was detained, the United States had abused “long-arm jurisdiction” in attacks on foreign companies, which were invariably strong competitors of American companies in their own fields.

With a combination of measures that typically include pressure and sanctions, US administrations have succeeded in harming or acquiring these competitors to protect its business interests. One of the most famous cases is the arrest of Frédéric Pijerucci, a former senior executive of Alstom, a world leader in the manufacture of boilers which is a strategic industry in France. The company was known as one of the world’s three biggest energy giants along with General Electric and Siemens. On April 14, 2013, Frederic Pierucci, Global Head of Alstom’s Boiler Division, was arrested by FBI agents at John F. Kennedy International Airport.

This was preceded by the opening of an anti-corruption investigation by the DOJ against Alstom and demanding the company’s cooperation. Pierucci later found out that he had not been arrested for his own violations of the law, but for a larger plan to dismember his business.

Eventually, Alstom’s electricity business was acquired by GE, its main rival in the industry. Pierucci was not released from prison until September 2018. After his incarceration ended, Pierucci wrote The American Trap, a bestseller that exposes the evil tactics employed by the US government for unfair competition. The book has been on the desk of Mr. Ren Zhengfei, the founder of Huawei, since the Meng incident, and on the shelves at the company premises. “I hope Huawei is not the next Alstom,” said Pierucci.

Although US Secretary of Commerce Gina Raimondo has said that the Biden administration will take further action against Chinese telecommunications company Huawei Technologies if necessary, Ms Meng has been taken home by the Chinese government. “This is the first time that a country has successfully retaliated against US long-arm jurisdiction with its will. I’m not as lucky as Ms. Meng. My company and my country do not have such strong support. lamented Pierucci, “Basically everyone should be happy with this result. Because this is truly the first time that a country has responded to the insane long-arm jurisdiction of the United States. It will benefit many others. countries if they have the courage to do the same and stand up to the United States. For the future, it will hopefully be a historic turning point. “


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