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Zte Agreement with Us Government

There was no immediate comment from the Chinese government on the ZTE agreement. Mei Xinyu, a researcher at a Commerce Ministry think tank, said a deal would ease tensions. But the Chinese fear that Trump will not abide by any agreement. The plea agreement, which is subject to court approval, also requires ZTE to undergo a three-year corporate probation period, during which an independent company compliance monitor will review and report on ZTE`s export compliance program. ZTE is also required to fully cooperate with the Department of Justice (DOJ) in criminal investigations conducted by U.S. law enforcement agencies. The agreement concludes a five-year joint investigation into ZTE`s export practices by the DOJ`s National Security Division, the U.S. Attorney`s Office for the Northern District of Texas, the FBI, the BRI and the U.S. Department of Homeland Security. Internal Security Immigration and Customs Investigations.

« How can the U.S. convince China that a trade deal with them has value, rather than a waste of paper that the Americans can unilaterally discard? » Mei said. « Personally, I hope the trade war ends well, but I can`t help but worry about the changing spirit of the United States. » ZTE also created a sophisticated system to hide data related to these transactions from a forensic accounting firm hired by a defense lawyer to conduct a review of ZTE`s transactions with sanctioned countries. He did so knowing that the information provided to the accounting firm would be reported to the U.S. government by outside lawyers. External lawyers were unaware of this system and, in fact, did not know at all that ZTE had resumed its activities with Iran. After ZTE informed his lawyer of the program, the attorney – with ZTE`s permission – reported the conduct to the U.S. government.

In December 2010, ZTE concluded the contracts with Iranian customers. The contracts were signed by four parties: Iranian customer ZTE, Beijing 8 Star and ZTE Parsian. Court documents indicate that ZTE has identified Beijing 8 Star (8S) as a possible vehicle to hide its illegal shipments of U.S. items to Iran. He intended to use 8S to export U.S. items from China to ZTE customers in Iran. As part of this plan, ZTE provided 8S with the necessary capital and took control of the company. The government will hold $400 million of ZTE`s money in trust to protect against future violations by the company, which over the past year has settled criminal and civil charges related to violating U.S. sanctions against Iran and North Korea. Under the settlement agreement with the BIS and the agreement with the DOJ, ZTE is required, among other things, to (i) appoint an independent compliance auditor/monitor to assess ZTE`s compliance efforts and compliance with the terms of the plea agreement and U.S. sanctions and export controls, and to report to the U.S. government.

(ii) provide annual audit reports on ZTE`s compliance with U.S. export controls for the next six years, (iii) provide U.S. export control training to ZTE`s senior management, and (iv) implement a best-in-class export compliance program for ZTE. According to documents filed today, over a period of nearly six years, ZTE received items originating in the United States – including controlled dual-use items on the Commerce Control List (CCL) of commerce – incorporated some of these items into ZTE equipment and shipped ZTE equipment and items originating in the United States to customers in Iran. ZTE participated in this behavior because it knew that such shipments to Iran were illegal. ZTE continued to lie to federal investigators during the investigation when it insisted through external and in-house lawyers that the company had stopped sending items of U.S. origin to Iran. During the ongoing investigation, ZTE resumed operations with Iran and shipped millions of dollars of U.S. items. « ZTE has embarked on a sophisticated plan to acquire items from the United States, send the items to Iran and conceal its involvement in those exports. The lawsuit agreement pending before the court alleges that the company`s highest levels of management approved the plan. ZTE then repeatedly lied to federal investigators, its own lawyers, and internal investigators and misled them.

His actions were outrageous and warranted significant punishment, » said Deputy Attorney General McCord. .

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