Huawei – Lie down with dogs, get up with fleas

You know the meme – when you work with bad guys, you should expect to be labeled a bad guy. I mean no disrespect to the thousands of Chinese companies doing business across the world that manage to be profitable without intimate Chinese government relations.  But in our globalized, internet era, it is impossible for a high tech company, particularly one as fundamentally important to internet networks, to not be tarnished with the specter of theft of intellectual property and CCP internet control and monitoring of Chinese businesspeople, students, even foreigners.

Probably no one outside a small group of analysts has the actual evidence of real dirt on Huawei.  But that is the risk of being a national champion in China.  If the government is promoting you, then there must be a government interest in promoting you, beyond just “go team.”  This is simply Chinese practical reasoning.

But it seems that lying down with dogs is more than just a saying here.  In his extraordinary Sinocism news blog, Bill Bishop continues the Huawei stories.  From the February 9 edition, with no repetition in the stories (all should be clickable) –

1.  Huawei’s bad start to the Year of the Pig

Trump likely to sign executive order banning Chinese telecom equipment next week – POLITICO:

President Donald Trump is expected to sign an executive order, banning Chinese telecom equipment from U.S. wireless networks before a major industry conference at the end of February, three sources told POLITICO.

The administration plans to release the directive, part of its broader effort to protect the U.S. from cyber threats, before MWC Barcelona, formerly known as Mobile World Congress, which takes place Feb. 25 to Feb. 28.

Mobile network operator’s body GSMA considers crisis meeting over Huawei | Reuters:

Mobile communications industry body GSMA has proposed its members discuss the possibility that Chinese network vendor Huawei [HWT.UL] is excluded from key markets, amid concerns such a development could set operators back by years…

GSMA Director General Mats Granryd has written to members proposing to put the debate around Huawei onto the agenda of its next board meeting, a spokesman for the federation told Reuters on Saturday.

The meeting will be held in late February on the sidelines of the Mobile World Congress, the industry’s biggest annual gathering, in Barcelona.

Trump envoy urges Europe to ‘link arms’ against China – POLITICO:

Describing China’s influence as “malign,” Gordon Sondland, the U.S. ambassador to the European Union, told POLITICO that his country and the EU should overcome their current trade tensions and join forces against the Chinese.

“We should … combine our mutual energies — we have a $40 trillion combined GDP, there is nothing on the planet that is more powerful than that — to meet China and check China in multiple respects: economically, from an intelligence standpoint, militarily,” he said in an interview.

“That’s where the EU and U.S. really should be linking arms,” Sondland continued, advocating for “a quick resolution that would move our trade relationship in the right direction so that we can both turn toward China, which is really the future problem in multiple respects.”

Huawei Deals for Tech Will Have Consequences, U.S. Warns EU – Bloomberg:

“There are no compelling reasons that I can see to do business with the Chinese, so long as they have the structure in place to reach in and manipulate or spy on their customers,” Ambassador Gordon Sondland, Trump’s envoy in Brussels, said Thursday in an interview. “Those who are charging ahead blindly and embracing the Chinese technology without regard to these concerns may find themselves in a disadvantage in dealing with us.”

Huawei representative rebukes US ambassador’s accusation, defends integrity and safety – China Daily:

“Recently, Huawei has been under constant attack by some countries and politicians. We are shocked, or sometimes feel amused, by those ungrounded and senseless allegations,” said Abraham Liu, Huawei’s vice-president for the European region and chief representative to the EU institutions.

“For example, yesterday, the US ambassador to the European Union, Mr (Gordon) Sondland, said (that) someone in Beijing (could) remotely run a certain car off the road on 5G network and kill the person that’s in it. This is an insult to people’s intelligence, let alone the technological experts across the world,” Liu said.

Chinese firm Huawei blocked from ‘sensitive state projects’ and 5G amid security concerns-The Sun:

New laws on foreign investment in the UK will block Chinese firm Huawei from sensitive state projects, The Sun can reveal… senior Cabinet ministers and Britain’s most senior civil servant Mark Sedwill fear Huawei’s involvement in such critical infrastructure could jeopardise national security.

They are planning reforms to allow the Government to ban Chinese firms like Huawei from future involvement in “strategically significant” UK tech projects.

Huawei Says U.K. Software Issues Will Take Years to Fix – WSJ $$:

The telecom giant also said in a letter to the U.K. Parliament that its board of directors has signed off on a companywide overhaul of its software engineering, budgeting $2 billion over five years for the effort..

German ministers meeting to discuss how to deal with Huawei in 5G auction: source | Reuters:

Chancellor Angela Merkel said on Tuesday that Germany needed guarantees that Huawei would not hand over data to the Chinese state before the telecoms equipment supplier can participate in building its 5G network.

German newspaper Handelsblatt said Wednesday’s meeting would focus on whether a security catalog, prepared by the Federal Network Agency and the cyber defense agency (BSI), along with certification rules and a no-spy agreement with China, would be enough to ensure future 5G mobile networks are safe.

Norway’s PST warns against Huawei – Newsinenglish.no:

Justice Minister Tor Mikkel Wara of the Progress Party, who joined Bjørnland at Monday’s PST briefing, later announced that measures would be introduced to reduce the vulnerability of the Norwegian network. The goal is to hinder Norway’s large mobile operators Telenor, Telia and Ice from choosing equipment suppliers that could threaten the nation’s and their users’ security. Huawei is the prime target.

China hacked Norway’s Visma to steal client secrets: investigators | Reuters:

Hackers working on behalf of Chinese intelligence breached the network of Norwegian software firm Visma to steal secrets from its clients, cyber security researchers said, in what a company executive described as a potentially catastrophic attack.

The attack was part of what Western countries said in December is a global hacking campaign by China’s Ministry of State Security to steal intellectual property and corporate secrets, according to investigators at cyber security firm Recorded Future.

China says it is not a threat to Norway, denies cyber espionage | Reuters:

“China poses no threat to Norway’s security. It’s very ridiculous for the intelligence service of a country to make security assessment and attack China with pure hypothetical language,” the Chinese Embassy in Oslo said in a statement on its website.

Huawei Threatens Lawsuit Against Czech Republic After Security Warning – The New York Times:

The warning, which carries the force of law, requires all companies in the Czech Republic that are deemed critical to the nation’s health to perform a risk analysis that takes security concerns into account.

China denies ‘ridiculous’ spying allegations by Lithuania | AFP:

Earlier in the week, two Lithuanian intelligence agencies condemned China for an “increasingly aggressive” spy campaign, which they said included “attempts to recruit Lithuanian citizens”.

Darius Jauniskis, head of Lithuania’s State Security Department, said his agency was analysing the potential “threat” posed by Huawei, whose technology is being used to build the EU and Nato state’s new 5G telecommunications infrastructure.

Huawei offers to build cyber security center in Poland | Reuters:

Italy denies it will ban Huawei, ZTE from its 5G plans | Reuters:

Thailand launches Huawei 5G test bed, even as U.S. urges allies to bar Chinese gear | Reuters:

University of California Berkeley bans new research projects with Huawei after US indicts Chinese telecoms giant | South China Morning Post

Stanford halts research ties with Huawei amid surveillance controversy – The Stanford Daily

Vermont phone carriers in dispute over concerns about Chinese firm Huawei – VTDigger

 

2.  FBI raids Huawei’s San Diego offices

This is a damning story. One argument some defenders of Huawei have used is that the firm’s culture has changed since inception and while it committed an “original sin” of IP theft in its early years now that it is a global tech firm its behavior has changed. This story destroys that argument.

Huawei Sting Offers Rare Glimpse of U.S. Targeting Chinese Giant – Bloomberg:

Diamond glass could make your phone’s screen nearly unbreakable—and its inventor says the FBI enlisted him after Huawei tried to steal his secrets…

The first sign of trouble came two months later, in May, when Huawei missed the deadline to return the sample. Shurboff says his emails to Han requesting its immediate return were ignored. The following month, Han wrote that Huawei had been performing “standard” tests on the sample and included a photo showing a big scratch on its surface. Finally, a package from Huawei showed up at Gurnee on Aug. 2. ..

Shurboff says he knew there was no way the sample could have been damaged in shipping—all the pieces would still be there in the case. Instead, he believed that Huawei had tried to cut through the sample to gauge the thickness of its diamond film and to figure out how Akhan had engineered it. “My heart sank,” he says. “I thought, ‘Great, this multibillion-dollar company is coming after our technology. What are we going to do now?’”..

The FBI raided Huawei’s San Diego facility on the morning of Jan. 28. That evening, the two special agents and Assistant U.S. Attorney Kessler briefed Khan and Shurboff by phone. The agents described the scope of the search warrant in vague terms and instructed Khan and Shurboff to have no further contact with Huawei.

 ———-

It is an old truism that China tends to be tone deaf in dealing with foreigners, particularly on foreign policy issues.  So we find no small sense of irony in the story from Reuters last week Huawei Offers to Build Cyber-security Center in Poland – “China’s Huawei has offered to build a cyber security center in Poland where last month authorities arrested a Chinese employee of the telecommunications firm along with a former Polish security official on spying charges.”

One of the stories circulating in the past couple of years is that Huawei might have stolen some technology early in its life, but those days are over now, all is in the past, now we are in a new era.  Stories from the bad old days –  In 2002, Cisco Systems Inc. accused (Huawei) company of stealing source code for its routers. Motorola said in a 2010 lawsuit that Huawei had successfully turned some of its Chinese-born employees into informants. And in 2012 the U.S. House Intelligence Committee labeled Huawei a national security threat and urged the government and American businesses not to buy its products. Huawei denied all the claims. The Cisco and Motorola lawsuits ended with settlements.

For anyone still unsure of the extent of Huawei espionage or theft, there is this Bloomberg story – Huawei Sting Offers Rare Glimpse of the US Targeting a Chinese Giant.  This story is about a small American company creating a “diamond glass” computer screen that would be stronger than anything now on the market.  The diamond glass story is about an IP theft from last August.

The detention of Meng Wanzhou, originally on charges of violating economic sanctions against Iran by using a shell company to get around restrictions, now seems less of a political stunt.  From the Chinese foreign ministry – “For a long time, the U.S. has used state power to smear and attack certain Chinese companies in an attempt to stifle legitimate business operations … Behind that, there is strong political motivation and manipulation. We strongly urge the U.S. to stop unreasonable suppression of Chinese companies, including Huawei, and treat Chinese enterprises fairly and objectively.”

Un huh.  One can only hope that Huawei is not treated as “fairly and objectively” as Trump treated ZTE

Idle Thought – last week in January, 2019

What if this past weekend were the beginning of the end for the orange haired baboon?  And, in the process, the GOP were so damaged that even a Pence presidency couldn’t do much harm, and we gained a president in 2020 who was smart, thoughtful, respected intelligence and loyalty to allies and was up for repairing the extraordinary damage, domestic and international?

Someone who might say something that would remind us of these lines –

“Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed to a new generation of Americans, born in this century, tempered by war, disciplined by a hard and bitter peace, proud of our ancient heritage, and unwilling to witness or permit the slow undoing of those human rights to which this nation has always been committed, and to which we are committed today at home and around the world. Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty.”

Suppose we looked back on the past two years, or three, as having fought and emerged from a great conflict, knowing that the alternative was always looking us in the face, that if we had failed no one would never hear the American version –

… then the whole world, including the United States, including all that we have known and cared for, will sink into the abyss of a new dark age made more sinister, and perhaps more protracted, by the lights of perverted science.  Let us therefore brace ourselves to our duties, and so bear ourselves, that if the British Empire and its Commonwealth last for a thousand years, men will still say, “This was their finest hour.”

And in an inaugural speech in January, 2021, we might hear echoes of –

With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on to finish the work we are in, to bind up the nation’s wounds, to care for him who shall have borne the battle and for his widow and his orphan, to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations.

Good luck to us with that.  How would that sit with all the tinpot dictators who have sprung up in the last five years, and their beleaguered people? And how would that sit with all those in Africa, and the –stans, and South America, who have looked hard and trembled at rapacious lending of China and the prospect of Chinese internet, Chinese censorship, Chinese media, Chinese rule of men, Chinese tribute, wishing for an alternative that left them some dignity?

Oh.  And Reagan on walls –

“Rather than talking about putting up a fence, why don’t we work out some recognition of our mutual problems, make it possible for them to come here legally with a work permit,” he said. “And then while they’re working and earning here, they pay taxes here. And when they want to go back they can go back.”

https://www.mercurynews.com/2018/12/21/analysis-heres-what-reagan-actually-said-about-border-security/

And –

“I’ve spoken of the shining city all my political life…in my mind it was a tall, proud city built on rocks stronger than oceans…with people of all kinds living in harmony and peace; a city with free ports that hummed with commerce and creativity. And if there had to be city walls, the walls had doors and the doors were open to anyone with the will and the heart to get here. That’s how I saw it, and see it still.”

https://www.azquotes.com/quote/547667

A Note on City Size and Political Economy

Among the China superlatives that we have heard for the last two decades is the fantastic growth in city size – Pudong in Shanghai from fishing and farming villages to the world’s most recognizable skyline; similarly for Shenzhen, Guangdong, and literally dozens of places most of us have never heard of. 

 
Source: Lujiazui 2016.jpg

The US has ten or eleven cities now with a population of at least one million; China has scores, and many of them growing from seemingly nothing.  China has about four times the population of the US, but far more than four times the number of larger-than-1,000,000 population cities – by 2018, well over a hundred.  100 cities bigger than Liverpool.  What gives?  We think we understand the concept of growing economies, and the concept of city growth; but how can these superlatives be so?   A couple of ideas, and some clarification on terms –

1.  urbanization is not only a global phenomenon, it is a modern economy phenomenon – farm-to-factory increased densities of cities a great deal in the Industrial Revolution, but the modern service-oriented economy demands (and allows for) even much greater densities of people, and, moreover, pulls people into the biggest and most diverse cities at a higher rate than in past decades.  There are scale effects – the biggest and most successful tend to get even bigger. (We will ignore the ancient forces that created megacities of a thousand or two thousand years ago – Kaifeng (largest city in the world early in the Song Dynasty, with a population of about 600,000) and Hangzhou, the largest city in the world in the late Song and Yuan dynasties, and into the early Ming,  and Rome, about a million population until the collapse;  and after the collapse of Rome, no place in western or northern Europe until London, about 1700)

List of Cities in China        List of Largest European Cities in History

There was a time in China when manufacturing was conducted each within its own walled danwei, and inside the urban area. Each danwei had its own housing, entertainment areas, and shopping.  Each danwei was the Chinese version of Pullman, the ideal city created by George Pullman in the 1880s)  Pullman, Chicago  This was the Maoist era when land had no value. In the opening and reform under Deng, land began to have realizable value.  In the last three decades, Chinese local governments have undertaken policies to encourage or force manufacturing to relocate to the outskirts, opening large swaths of urban land to development of housing and offices and shopping.  This is American suburbanization of industry conducted at pace and at a time when necessary manufacturing access to river transport had long past.  So, a frenzied catching up.  Think of the demand for oil, before and after invention of the internal combustion engine.  The oil just laid around for millions of years, before it suddenly achieved value.

2.  government fiscal policy matters – After Mao, Chinese cities became the focus of development.  “If we want development, we want cities to grow.”  China supported cities and helped them grow.  “Stadtluft macht frei,” the old saying about the medieval urban place, that “city air makes one free,” was true in China in both senses – that of opportunity for the individual and relative independence of the place from domineering control by a greater unit of government.  In the US, cities were strangled by federal policy, administrative law, and political fragmentation.  The strangulation continues today – Chinese laugh at our inability to build tunnels under the Hudson, fix subways or airports, or let cities grow.  Among cities in China, as in the US, there is the rough and tumble of leader and administrative negotiation over infrastructure expansion and competition for location of business and facilities.  A difference is that in China, there is always a leader with enough power to say yes, and then all the pieces fall into place, and development can happen.  In the US, with heavily fragmented political power buttressed by rule of law, everyone has the power to say “no,” and no one has the power to say “yes,” and force implementation.  Delay is built in to American growth in a way that does not exist in China. The political fragmentation that starves American cities in favor of its suburbs doesn’t exist when the political boundaries of cities in China are so much greater than boundaries in America.

3.  definitions matter – This is the most important distinction between American and Chinese cities for understanding the proliferation of huge Chinese cities.   Briefly, counties in the US are generally larger than cities, and counties are contiguous across the US – one moves from one county into another.  In China, counties are subunits of cities and cities are contiguous – one moves from Hangzhou (city) to Jiaxing (city).  In the US, cities are generally quite small – Chicago is only 225 square miles (590 square kilometers) and New York is only 302 square miles (784 square kilometers). The surrounding suburban area dwarfs central city area.

Every city in China has a substantial rural area – even Beijing and Shanghai.   A city in China can have mountains and large lakes, in addition to farm land.  As you know, there are no mountains or farmland in New York or Chicago.  There are historical reasons for the large area of subprovincial and prefecture-level cities, but another reason for concentration of people and development is the historical government fear over food security.  By law, and enforced pretty fiercely, each province must maintain at least 84% of its land in rural, or let us say, non-urban development land.  This regulation is passed on to cities under the province’s jurisdiction.  The Land Bureau in each city receives an allocation of land each year that can be converted to construction land; without the allocation from the central government and the province, no additional land conversion can take place.  Some of you know about the truly enormous fill-in-the-ocean projects in some Chinese cities – Dongtou County in Wenzhou is one example, but there are others.  This project calls for filling in hundreds of square miles of ocean, creating land for development.  Why?  Wenzhou is a fast growing city (despite the overbuilding of the last decade) and it is surrounded by hills and mountains that make expansion impossible.  So, a solution- create more land.

With unitary government – all power derives from Beijing – it is feasible, and relatively common, for cities to merge and become one administrative place, and for formerly rural counties to become districts of cities.  So areas of cities and population totals are a bit less reliable than those in the US, since change in areas and even definitions is more frequent.  I encountered problems establishing a population for Hangzhou, a place I know pretty well.  For example, Xiaoshan was a county-level city, an independent unit of government (sort of).  In 2001, it became a district of Hangzhou, and Xiaoshan as a separate city disappeared.  The population and the area of Hangzhou increased substantially. Similarly for the Yuhang district of Hangzhou – merged into Hangzhou in  2001, and Lin’an in 2017.  Population and area can grow substantially just by administrative fiat. 

4.  comparing apples with apples – What makes sense from a political science or administrative perspective is to compare roughly similar sized areas.  Hangzhou has a population of 8.7 million, about the same as New York, and three times that of Chicago.  But Hangzhou is 16,847 square kilometers; New York is 784; Chicago is 590.  What is roughly comparable in area with Hangzhou is the metropolitan planning area of Chicago, including seven or ten counties.  The seven counties of northeastern Illinois still have some farmland, and are about 10,387 square kilometers – that is Chicago plus all the land around its satellite cities – Waukegan, Elgin, Aurora, Joliet, Gary.   And still, Hangzhou is substantially larger, at 16,847 square kilometers.  The population of that larger Chicago planning area is 9.5 million for the seven counties.

5.  examples, using area and population –

Hangzhou is the capital of Zhejiang province, and one of the most economically developed cities in China.  Dalian, in Liaoning province, is a rarity in China – a city that is better known than its provincial capital, Shenyang. Dalian, too, is a growing city.  I pick these two places because I know them reasonably well, and they are certainly characteristic of the size relations in Chinese cities.  See the table below.  Data is from published sources, wiki and Chinese government estimates, but I make no claims to precision.  The urban population of Hangzhou (means what?) is said to be about 5.6 million in the 2010 Census; Shenyang, about 5.7 million, Shanghai 20.2, and Dalian, 3.9.  For “urban,” my own preference is to use the districts of a city, as inexact as that may be.  Some comparisons –

Place                           Area, km2                   Population, x 106       Population density, per km2

Liaoning Province          145,900                        43.9                         300                        

Zhejiang Province          101,800                        55.6                         550

Illinois State                  150,000                        12.8                          89.4

New York State              141,300                        19.9                        159

Note that Liaoning and Zhejiang are of roughly similar size as the States of Illinois and New York.   Here you see the roughly 4x greater population in China.  Zhejiang has significantly larger GDP than Liaoning; New York, more than Illinois

Shenyang                         12,980                         8.3   (2010)                  640

 – urban districts                     571                        3.8                            6,655

Shenyang

Dalian                               13,237                         6.7   (2010)                   532

 – urban districts                    550                          2.1  (2015 est.)          7,721

Dalian

Hangzhou                        16,847                         9.4   (2017 estimate)     570

 – urban districts                   706                          3.7                              5,240

Hangzhou

  List of Cities in China by Population and Built-up Area

Shanghai                           6,341                       24.0  (2017 est.)            3,800

 Shanghai

note – these data define Shanghai as only urban, which is not the case from casual observation.  Better data would show Shanghai urban area as much more dense than indicated above.

New York                            784                         8.7                           10,400

Shanghai is close to twenty times the size of New York City in area, with about three times the population.

Cook County                      4,230                        5.2                              2,129

City of Chicago                      590                        2.7                              4,594

Chicago planning area       10,387                        9.5   seven counties

The “urban districts” of Hangzhou are reported at 706 km2, and 3.7 million people.  I know the Yuhang district quite well, and that is not included in the urban district data.  Yuhang is now quite densely built-up suburban, with the main offices for Alibaba and many other companies, and thousands of new apartments.  So, as always, data is only … data.

But one can see that the urban and suburban part of Hangzhou (districts) is much closer to the size of Chicago, and much closer in population.   The population densities of the urban districts of Shenyang, Dalian, Hangzhou, and even Shanghai are reasonably close to those for New York and Chicago.  Again, some liberal allowances are needed for interpretation of the data. 

6.  for decades, political career advancement was partly determined by GDP advancement – Chinese have always valued cities as seats of power, in a way that Americans have not.  Without exception – I think – the provincial capital is the largest city by population in any province. Political power is united with economic power. Compare with American state capitals.  After Deng, and opening up, the advancement of political careers depended in part upon achieving a target rate of GDP growth in the province, city, county, or district.   In addition to feeling modern economic pressures, leaders in China competed to grow their own economies, and growth was most easily defined by real estate growth.  So, the pressures to urbanize in a country with no history of suburban trains-to-downtown to permit office sector workers to live far from their jobs.  Concentration was important for GDP growth as well as for satisfying the needs of a modern economy.  (Don’t get me started on short term v long term GDP growth, or the impact of excessive bad debts.  Careers are made or lost in five years). 

7.  GDP growth is easy when you have determined goals and the power to achieve them –  as a last note, I want to point out that the development goals in American urban planning and Chinese urban planning were at one point broadly similar –  to provide for more people, more GDP generated, more taxes paid locally.  There have always been local exceptions, and quality of life is more of a concern in planning now in the US than was the case thirty or forty years ago, and certainly more of a concern than is currently the case in China.  But let me leave you with an understanding of how easy it can be to achieve GDP growth, if one has the power to control land and location of people and businesses and the growth goal is quantifiable.

As you might know, the National Development and Reform Commission, the economic planning arm of the central government, establishes a target GDP growth for each year in the Five Year Plan.  Five Year Plans  That national growth rate is then allocated, with some give and take, to individual provinces, and from provinces to cities.  A mayor of a city understands what his targets are, and he has five years in which to perform, at which time he is judged on performance and suitability for advancement in governance.

With a target of X% growth per year, how can one accomplish such a task?  Quite simple, really.  Every piece of the built environment – housing, offices, factories, subways, expressways, universities, hospitals, airports, ports, even recreational facilities – has some estimated cost of construction.  While urban planning in China can be quite detailed and sophisticated, planning and implementation are distinct.  If one needs to achieve Y billions of yuan in growth, representing X% GDP growth, all one need do is add up the potential projects, create some new projects if needed, and get started on building.  Not so hard when you control all the land, the developers and contractors and lenders are mostly state owned businesses with goals similar to your own, and there is little to no power to oppose what is decreed.  Lead, follow, or get out of the way is a known sentiment in China. 

If you have made it to the end of this piece, I hope you have the idea that while China is densely populated, the densities are not so far from those in normal urban areas in the US.  Much of the city growth in China in the last three decades is the result of policies to encourage urbanization, city consolidation, and the ability of governments to focus development in ways absolutely unavailable in the US.  Nothing mysterious here – just a different set of policies and priorities.  I tell my Chinese friends that Hangzhou is like Chicago; and Shanghai is like New York, except that there are more Chinese in New York.  Always good for a laugh.

Health Care Crisis

Some of you have read prior posts here on health care, the good, the bad, and the unbelievable.   Now comes the New York Times with a feature on the Crisis in Health Care in China, focusing on the shabby treatment of doctors and patients in the medical system.  As I noted in Hospital Rules (see the Health, Education, Welfare tag adjacent, to the right), the system optimizes for neither patients nor practitioners. 

The video in the NYT piece shows a man making home-made drugs for his mother, who has stage 3 cancer.  She has insurance, but cannot get coverage for drugs that are far too expensive to buy commercially.  If her insurance works as I think it does, she would have to buy the drugs, pay for them, and then get part reimbursement by the insurance company at some later date. 

How Capitalism Ruined China’s Health Care System  

From the NYT article –

China’s Health Care Crisis

On some mornings, Dr. Huang Dazhi, a general practitioner in Shanghai, rides his motorbike to a nursing home, where he treats about 40 patients a week. During lunchtime, he sprints back to his clinic to stock up on their medication and then heads back to the nursing home.  Afterward, he makes house calls to three or four people. On other days, he goes to his clinic, where he sees about 70 patients. At night, he doles out advice about high-blood-pressure medications and colds to his patients, who call him on his mobile phone.  For all this, Dr. Huang is paid about $1,340 a month — roughly the same he was making starting out as a specialist in internal medicine 12 years ago.

Doctors so poorly paid must find other ways to make money, and writing prescriptions is a principal means.  Doctors receive kickbacks from suppliers as a way to supplement income.  This is illegal, but without complete reform of the system, there is no way to end the practice.  The incentives are too great on all sides of the issue – suppliers, doctors, nurses, even patients.  The government has said it would crack down on the practice, but to little avail.  The government did fine GlaxoSmithKlein $500 million in 2014 for paying bribes to doctors and others.  Chinese pharma companies were noticeably absent from any prosecution in this regard.  NYT GlaxoSmithKlein fine  or if you do not have a NYT subscription, BBC GlaxoSmithKlein fine.  From my own experience in China, the system remains unchanged.  

Chinese have little respect for the medical system, and doctors are at the receiving end of patient anger.  It is common to read of doctors assaulted, even killed, by enraged patients, parents, or siblings. 

In this file photo, hospital staff walk past a security guard on duty in a hallway at the Beijing Friendship Hospital during a government supervised media tour on February 29, 2012.
In this file photo, hospital staff walk past a security guard on duty in a hallway at the Beijing Friendship Hospital during a government supervised media tour on February 29, 2012.   ED JONES—;AFP/Getty Images
 
A few more references –

http://time.com/4402311/china-attacks-doctors-medical-police-medicine-healthcare/

https://www.wfyi.org/news/articles/in-violent-hospitals-chinas-doctors-can-become-patients

https://www.nytimes.com/2016/05/19/world/asia/china-attacks-doctors-hospitals.html

But overprescribed – and overly expensive – medications, battlefield conditions of treatment, and lack of training are an affront to even middle class Chinese who see excellent care for some, and a completely ignorant system otherwise.  As I mentioned in other pieces, it is frustrating to know that better treatment exists, and you cannot have it because someone else – maybe the woman who walked in after you – has superior guanxi.  When patient outcomes are less than desired, the frustration can boil over. 

Picking out a doctor to treat you, like picking a train back to the suburbs from downtown at 5:10 –

An electronic board at the entrance of Peking Union Hospital displays the number of doctors available and their specialty.  CreditGilles Sabrié for The New York Times

My own minor experience – when we were seeking to book a room – like in a hotel – at the Pregnant Women’s Hospital in Hangzhou, we were kept waiting outside a locked door on the patient floor for more than half an hour, while events unfolded inside. I knocked on the door several times, the guard at the door saw me, and simply ignored us.  The guard controlled access, and others were let in ahead of us.  My own frustration, boiling over, was relieved when I bolted through the door as another women was let in ahead of us.  At that point, there I stood, alone inside, with my wife and sister-in-law and a bunch of agape Chinese outside.   But, fait accompli – I was inside, I was a foreigner, and the only reasonable solution was to let the rest of my party into the floor so we could – check out the VIP room, as arranged previously, the room we were paying for. 

Oh – another personal experience -when our son was born, some medicine was handed to my sister-in-law, sleeping in the room with my wife and new born son.  She was instructed to put this medicine in my son’s eyes a couple of times a day.  (Nurses don’t administer medicine).  No suggestion that something was wrong, no discussion of adding this to Ben’s post natal care.  What was the medicine for?  I was not going to have someone put stuff in my kid’s eyes without knowing what it was for.  No one – not any of the nurses, not the head nurse – had an answer.  The medicine was prescribed by my wife’s doctor for our son.  Un-huh.  I declined, and told the nurse to take it away if she couldn’t provide a reason for its application.  “Oh, no, the package is already opened.  You must take it.”  (meaning, you must pay for it.)  Again I declined.  Much discussion and phone calls followed, which I am quite sure only took place because I was a foreigner.  Finally, a resolution to the impasse.  The hospital found another new mom who did not – or could not or would not – object to application of the medicine for her baby, even from an opened box.  We were relieved of responsibility.  No doubt the hospital gave the other new mom a discount on the meds that she never authorized or was told about.   But the system persevered – the system of mystery and control – and the system emerged victorious.

No Way Out from the Middle Kingdom

You remember the movie, with Kevin Kostner as the exemplary US Navy officer-special assistant to the Secretary of Defense (Gene Hackman).  The plot twists around search for a purported Russian spy in the US, codenamed Yuri, who has been able to infiltrate the Navy at the highest levels.  Following several plot twists, Kostner is ultimately left with no way out – he cannot be seen in public, as he will be implicated in a murder; and he does not want to return to his homeland, which he has not seen for at least twenty years.  He has no safe place to go, and no way out of his predicament.

No doubt some American businesses are in a similar predicament now, with regard to their manufacturing or distribution or licensing deals in China.  Conditions have been getting more difficult for foreign businesses, particularly American businesses, for years before the tirades coming from the current occupant of the White House.  Seagate closed its factory in Suzhou in 2017. Panasonic ceased all manufacturing in China in 2015.  And Home Depot, L’Oreal, Revlon, and Best Buy.  Microsoft moved its two China plants to Vietnam in 2015. 

Xi Jinping has worked hard to promote the home advantage for Chinese companies – in 2015, Starbucks was accused by the government and the Chinese media of gouging Chinese customers  Starbucks China Pricing  Similar charges were leveled against Apple  China’s anti-Apple campaign   and Yum Brands and Hewlett- Packard.  In all cases, Chinese responded to the government with a large raspberry. For Starbucks and Apple, they cited the safety of the coffee and the attractiveness of the iPhone.

Those were minor skirmishes that any big company must get used to.  Now companies of all sizes find themselves in the middle of a war, a trade war, conducted with spite and malice on both sides, and no clear end game.  Tariffs are a tool, but the Chinese government has many other tools that can be more effective against any one company.

The tools are essentially enforcement of existing laws in a biased manner, enforcement of regulations made up on the spot, threats, and support for local businesses acting in an entirely extra-legal manner.

Differential enforcement of law and application of “special” law is a well-known tactic in the US, for persecution of blacks and other minorities.  But in the US, there can be appeal to other avenues within the society – media, lawsuits, popular support, social media, engaging with legislators or regulators. These avenues are obviously restricted or non-existent for most American businesses in China – Starbucks and Apple being two that can generate widespread popular support.

But most American businesses in China are small to medium sized and without local guanxi.  Those businesses trying to get factories, molds, money, and personnel out of China may be subject to a whole other level of persecution.  By the way, I focus on manufacturing industries because foreign service businesses – retail, banking, finance, health care, education, real estate, insurance, media and entertainment – are highly restricted or forbidden in China.  To date, foreign service businesses are not much of a factor in trade.  Yes, Walmart and many chain retailers in shopping malls; but these are big companies with sufficient legal and financial wherewithal to withstand some ups and downs in the market, and American IP, personnel, and equipment are not at stake.

Dan Harris, at Harris/Bricken law firm, writes China Law Blog, by far the most useful general law blog about doing business in China.  Over the years, he and co-authors have explained difficulties of doing business in China, with examples and clearly written language that provides both useful information and blatant warnings about the dark side of doing business there.

Now, Harris has reposted some of his most dire warnings, based on what he is hearing from businesses in 2018 in China and seeking to get out –

How to Leave China AND Survive  September 23, 2018

The money paragraphs from this article –

Way back in 2013, in The Single Best Way To Avoid Being Taken Hostage In China, we wrote of how Chinese companies and individuals often take hostages in an effort to collect on alleged debts or to protest employee layoffs or the closing of a China facility:

As the article states, “it is not rare in China for managers to be held by workers demanding back pay or other benefits, often from their Chinese owners, though occasionally also involving foreign bosses.”

My law firm’s advice every single time to our clients who are laying off workers in China or closing a facility in China or allegedly owing money in China is to stay outside China for all negotiations.  One only needs to be a regular reader of our blog to know that we took this position long ago and have never waffled:

  • If you are in a debt dispute with a Chinese company, the best thing to do is not go to China at all.
  • If you must go to China, think about using a bodyguard or two and think very carefully about where you stay and where you go. Most importantly, be very careful with whom you meet.
  • Consider preemptively suing the alleged creditor somewhere so that you can very plausibly claim that you have been seized not because you owe a debt, but out of retaliation for having sued someone. If you are going to sue, carry proof of your lawsuit with you at all times while you are in China.

By this point many of you are probably wondering why I am writing about debt when the issue is leaving China. My answer is very simple: once the news goes out that you will be leaving China, alleged creditors will come out of the woodwork. The tax authorities will come up with taxes that you owe. Your landlord will explain why you owe it way more than you thought you did. Your suppliers will send you bills for items they never actually gave you. Your employees will demand all sorts of severance. I am not saying these sorts of things always happen, but I am saying that they often do and you need to be prepared for it.

No way out is not too strong an image.   Whatever the merits of the current US complaints about Chinese business practices – and there are plenty of valid complaints, including IP theft, preferential treatment for local companies, and subsidies for exporters – China-US IP battle – the US companies love the profits earned in China, and so are between a rock and a hard place.  For some companies, mostly the consumer facing companies like Starbucks or KFC, there is growing competition, but a measure of public support.  CCP members drink coffee and eat KFC ice cream, too.  B to B companies are out of sight, out of mind, a perfect mental location for the excesses of law or regulation that are simply another way to cheat or extort from the foreigners.

Try this post – China Factory Scams: Their Time is Ripe   By Steve Dickinson on September 9, 2018

Think about it this way – is there another major American trading partner where one need fear being kidnapped over a real or imagined payment dispute?  Is there another American major trading partner for which the best trade advisories scream, danger, danger, danger?

In the movie No Way Out, we don’t know what happens to Kevin Kostner.  But his Russian contact is right – “Let him go. He will be back.  Where else can he go?”  In the tariff war, we can’t tell right now what will happen.  The US has a theoretical advantage in buying more than it is selling to China, and China will soon run out of US imports to tariff; but Mr. Xi doesn’t have to stand for reelection, and Chinese, even modern Chinese, are accustomed to conceding to power.  Neither Mr. Xi nor the orange haired baboon can concede without losing substantial face.  The uncertainty on all sides is palpable, and uncertainty in operations is deadly scary for manufacturing businesses.  (Ask any business in England right now).   The American Chamber of Commerce in China (AmCham China) says that almost half of 430 member companies surveyed expect a strong negative impact from the tariff war AmCham – more pain ahead. (note – this link is now blocked or deleted) Even though American businesses are developing strategies to move operations to Vietnam, Indonesia, Philippines, or Malaysia, it will be difficult to reproduce the infrastructure and organizational experience of having spent years in China. But at some point, companies will have to abandon the lure of profits when the cost and uncertainty become too great.  China is trying to soft-pedal its formal response to the orange-haired baboon, but the indirect penalties may soon become intolerable.

High tech industries in the US face a related set of problems.  In addition to traditional IP theft, Chinese companies are now innovative enough on their own to challenge world competitors, and the China market for high tech – business and consumer – is the biggest in the world.  Large government subsidies and huge attractive packages for individual scientists who relocate to China are the norm.  Chinese students educated in STEM fields in the US are now likely to return to China where opportunities are greater.  Money alone does not drive innovation, but it is certainly a catalyst.  Now American companies are feeling pressure to partner with Chinese companies on research, even as the threat of IP theft continues (even if less now than before) and loss of researcher talent continues.  How to respond in this new environment, particularly one in which malice aforethought is salient?  An MIT Sloan School of Management report from June of this year describes the conundrum – Changing Face of Innovation in China (limited access with sign-in).  The Sloan recommendations for foreign companies in China may be all that can be done   – hire more Chinese locally, learn to file patents faster in China, and “Engage in cutting-edge innovation in China when returns exceed global risks.”  I’m not sure what this means, but the Sloan report described it this way –

This requires both an aggressive global innovation strategy (for example, doubling down on promising R&D projects outside China and speeding up R&D outside China) and a complementary business strategy (for example, strategically patenting, engaging in more mergers and acquisitions in China and abroad, seeking greater support from home governments, and possibly shifting away from product lines increasingly dominated by Chinese companies).

Ok.

Obviously, tariffs and different locations within China affect industries differently.  For me, I expect those indirect costs – the unfair application of regulations and paperwork and extra-legal harassment as tools of trade war – to push a sizable chunk of American manufacturing out of China.  Not major companies, but many smaller companies, looking at the short and medium term, will need to negotiate a way out.  In the latest AmCham survey, 25% of American respondents said they had moved or are planning to move capacity out of China – and this survey was conducted a year ago.  At that time, businesses cited labor costs, IP theft, and a “more challenging regulatory environment” as the reasons for relocation. Forty-five per cent reported flat or declining revenue in China, and only 64% reporting a profit, the lowest percentage in five years.  Now comes the trade war.  AmCham – businesses leaving China (note – this link is now blocked or deleted) Larger companies may choose to reinvest elsewhere, but they too will have to bear the brunt of both sides – tariffs on imports to the US and tariffs on imports and punishment from China.   The greater the role that public stockholders play in company valuation, the more difficult it will be for American companies to find a way out.  Potential loss of profits and the sunk costs of capacity will be hard for stockholders to bear.   But no way out can only be a short term solution.  For some firms, as for Kostner in the movie, returning home – or at least, leaving China – may be the only way out. 

Was Democracy Just A Moment?

This is the title of a 1997(!) Atlantic piece by Robert Kaplan, the foreign correspondent and advisor to various elements of US defense and foreign affairs institutions.   I have long recommended the piece as a warning against American complacency about the health of our own democracy, and the futility of promoting democracy in places without the cultural means to sustain it – Russia and China being  prime examples.  Again, strongly recommended –

Robert Kaplan.  Was Democracy Just A Moment?  Atlantic Magazine, December, 1997.

The global triumph of democracy was to be the glorious climax of the American Century. But democracy may not be the system that will best serve the world—or even the one that will prevail in places that now consider themselves bastions of freedom.

A stone tablet depicting Democracy crowning the people of Athens with a wreath.Gjon Mili / Getty

Now comes 2018, perhaps the nadir of our confidence in a democratic future.  In a few weeks, the American midterm elections will foretell whether we have a chance to preserve democracy against oligarchic or autocratic rule; and in a few weeks, Britain will determine whether it will have voted itself (in 2016) out of being a major world economy.  

We should hope that 2018 is the nadir.  You know the line about how the outlook is always darkest … just before things go completely black.   But this short sampling of news from today fails to inspire –

Did Trump just kill the US auto industry?  David Goldman, Asia Times, September 22, 2018

http://www.atimes.com/article/did-trump-just-kill-the-us-auto-industry/

Economic historians will cite July 9, 2018 as the date on which the US lost the trade war with China – before the war began.

That was when Germany’s top manufacturing companies – Volkswagen, BMW, Daimler, BASF and Siemens – announced tens of billions of dollars of new investments in China as Chinese Premier Li Keqiang posed for a photo op with German Chancellor Merkel in Berlin.

Crash Out Brexit Virtually Guaranteed as EU Leaders Talk Tough to Theresa May, Reject Chequers Plan, and Give Her October Deadline

Britain Crash Out Nearly Guaranteed

 Posted by Ives Smith on September 21, 2018

and at Wolf Street –

Multiple Online Banking Systems Go Down in the UK

UK Payment Systems Go Down

by Don Quijones, September 21, 2018 

Payment chaos: For bottom-line-obsessed bank executives, IT systems are an expense to be slashed. The results are in.

A rationale for democracy as a form of government is that it is supposed to prevent big mistakes, or at least provide a means for correcting them once they occur.   Let’s hope that idea works in the US and Britain, historically the two leading lights of democracy in the world.  I will write more on this topic in the near future.