For those familiar with the FBI, it is likely one of the fastest-growing and most powerful investigative and enforcement-driven government agencies in the entire world. The Federal Bureau Of Investigation works side-by-side with the United States Justice Department (the "DOJ") to help uphold the laws and regulations of the United States (at least in charter and theory) by investigating offenders, gathering evidence, and turning it over to the appropriate Government authority for either immediate prosecution or relating to ongoing surveillance of any purported criminal activity or potentially criminal enterprises posing a threat to the American people or to the Government's many branches, departments and agencies.
The FBI makes virtually dwarfs any other US agency (such as the police, the CIA, the NSA as well Interpol and the military) in terms of its assumed jurisdiction. Since the advent of the RICO (Racketeer And Influenced Corrupt Organizations) Act, and the questionable broadening of its many powers, the FBI claims de facto unfettered international jurisdiction if it has any reason to believe that either a US regulation has been violated (by anyone, and a citizen of virtually anywhere on the globe), it has virtual carte blanche to do whatever it deems necessary, wherever it deems necessary and to whomever it deems responsible in any way (knowingly or unknowingly).
The FBI has, in essence, kidnapped persons (American and foreign) from sovereign nation states and brought them to the United States to face federal charges. Its reach, regardless of any treaties between countries is global, and the theory of "criminal conspiracy" can be expanded to accommodate the FBI's targeting purposes in pursuing any selected target.
The US' Founding Fathers (may they all rest in peace) never envisioned an agency so powerful that their would be no system of government checks and balances to keep it in line, or that it could be so powerful that it could find virtually anyone guilty of anything it chose to, using the ever-expanding use of RICO.
The FBI, through a passed US budget resolution, now has ultimate oversight (i.e., control) over all Chinese-made technology purchases (this could be interpreted quite generally) made by the US or through the US. Their powers in the latest outbreak of Sinophobia (a fear of things Chinese) usurp those of U.S. Customs and even the Department Of Homeland Security.
While the relationship between China and the US is a tension-filled peace, and given that many items of Chinese manufacture not been up to commercial or precise military specifications, why is the FBI assuming this vetting authority instead of Customs in conjunction with Homeland Security?
The US, in essence, if giving the nation's most brutal, prosecutorially-obsessed agency power not only over these other two possibly better-qualified agencies, but it is also indirectly putting a great deal of what might become a large portion of US- China relations in the hands of an uncontrollable, hamfisted agency. What has the US Department Of State to say of this?
The following article excerpt appears here courtesy of Smartbrief, from one of its many topically-specific newsletters, all of which contain links to excellent articles offering important insights:
Budget resolution gives FBI oversight of Chinese-made tech purchases
U.S. government agencies looking to purchase IT equipment from some Chinese vendors will need to get the approval of the FBI under new budget guidelines designed to protect American infrastructure from state-sponsored cyberespionage. The proposal, which could affect acquisitions from well-known firms including Lenovo, Huawei and ZTE, as well as smaller firms, maintains that any purchases with ties to the Chinese government or subsidized by the state must be deemed "in the national interest of the United States" before they will receive approval. InformationWeek/InformationWeek Government (3/26)
My greatest fear as an Internationalist is that we are effectively putting the FBI in charge of potentially all trade (if history proves me correct) and ultimately the diplomatic relationship between the U.S. and China. The intention to protect Americans is important indeed, but there must be a better, more diplomatic and precise way to maintain control over certain types of trade.
The blow-back associated with any mishandling of the FBI's supervision over something with any diplomatic consequences is quite frightening. If you remember some of the doestic incidents like the FBI and ATF in Waco, Texas or in Ruby Ridge, their potential for miscalculation on an international level could be incredibly harmful.
China indirectly controls many other countries which are US trading partners, as well as a powerful yet delicate balance between the yuan and the United States Dollar. This is a relationship that must be handled with great judgment and masterful diplomacy. China is, at least at present, very important to the United States economy.
For me, I think that the wrong agency was selected for a necessary job, and that productive discussions toward a better relationship between the US and China (oftimes made of corporate political partnerships and organizational "marriages") might be in a great deal of danger.
Regulation and safety are crucially important -- but so are intelligent negotiations and delicate political communications in order for both sides to protect their respective interests, and, in time, to see the synergy in working closely together.
Think about this: Would rather have your cardiac surgery performed by a cardiologist or by an eager carpenter?
As always, thank you for reading The Internationalist Page and for sharing my articles with your friends, associates and colleagues through your social media channels.
Douglas E. Castle
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