FOREIGN
PREDATORY TRADE PRACTICES OVERSIGHT

Foreign Ownership
Who owns the USA?

OCTOBER 28, 2008

SPECIFIC SOLUTION BY FEDERAL LEGISLATION

FEDERAL STATUTE #

AN ACT CREATING THE FEDERAL FOREIGN PREDATORY TRADE PRACTICES OVERSIGHT COMMISSION  

SUGGESTED LANGUAGE:

“This act creates THE FEDERAL FOREIGN PREDATORY TRADE PRACTICES OVERSIGHT COMMISSION.   With the sole purpose of investigating whether or not, over the preceding 10 years, foreign economic entities engaged in predatory trade practices; or, other unlawful commercial activities, while doing business within the domestic United States economy.”

“Definition of what constitutes a predatory trade practice encompasses, but is not limited to, present US statutes.  Additionally, The Commission wills retain comprehensive discretion in determining what it regards as infringements of this Act.  Its authority comprises judgments of what constitutes any unlawful commercial conduct it deemed outside the normal course of customary business standards and practice.  Predatory conduct includes all activities judged produce a dangerous impact on the well-being of US businesses; injurious to US economy’s viability; and otherwise, harmful The Nation’s general prosperity.”

“Conduct considered unlawful foreign trade practices are to be ascertained   within, but not restricted to, the following scope of business practice.  Whether or not, prices charged for imports were unreasonably below acceptable standards related to the   fair market value associated with production and sale of such products.   Otherwise, commonly known as a DUMPING of foreign imported products below a fair market price. Whether or not, any commercial activity was intentionally designed as predation to cause the extinguishment of US businesses capability to fairly compete.  And, in particular, whether or not, any practices were intended to defeat the commercial survival of fledgling US businesses.”

“Any foreign entities, their management or employees, including US employee’s an/ or agents, held in violation of this Act, are to be adjudicated guilty of a first-degree federal felony.  The Commission’s affirmative finding mandate imposition of the following legal sanctions.  Upon conviction, violations are punishable by: incarceration for a period not less that 5 years in a federal facility; accompanied by a $500,000.00 fine per count.  Additionally, any injured US business, suffering resultant damages, is permitted a civil cause of action to recover losses incurred.  Successful plaintiffs are guaranteed receipt of treble damages. The Department of Justice, as if under its Anti-Trust jurisdiction, may beneficially assist in such plaintiffs’ civil actions.”

“After completion of Due Process of Law, The Commission is obligated to exclude such predatory foreign entity; and, any of its related commercial entities, from further commercial activities   within US market. This debarment will be for a period not less than 5 years.”

OUR RATIONALE: to follow…..

OCTOBER   23, 2008

SPECIFIC SOLUTION BY FEDERAL LEGISLATION

FEDERAL STATUTE #       

The Foreign Ownership,
 Disclosure,
Transparency
and
Franchise Fee Act

 SUGGESTED LANGUAGE:

“This act creates a nonpartisan federal commission designated The Foreign Ownership Review Commission.    The Commission is granted absolute authority to evaluate whether or not a foreign economic entity poses a danger; or, serious potential economic threat to the US national economic interest.  Especially, whether or not, the continued venture will negatively impact the viability and future prosperity of domestic competitors; in particular, US pledging businesses which, by definition, compel protection from foreign predatory practices.”   

“All foreign governments, corporations, sovereign wealth funds, and/or any other form of non-based US commercial entity; are, hereby, required to annually report the full and complete extent of their commercial activities within the US domestic market. Such accounting is to be prepared with unconditional transparency accompanied by detailed specificity.   Not restricted to, but required to specifically incorporate:  the extent of US business activities; the degree of ownership in any and all US assets; the degree of management control; or,  influence over, a US businesses; gross sales, pricing of products  compared to US goods; profitability; all investments; banking and securities holdings; lobbying activities, etc.”

“If a foreign entity is deemed a threat to; or, equivalent to influencing management control over a US business, The Commission must declare a mandatory divestiture of such financial holdings.  This is to be considered a matter of national security; necessary to recapture US economic market control.  Divestiture must be consummated not more than five years from the Commission's initial finding.   After payment of fair market value, The Commission is required to take ownership thereof.  Exercise of its appropriation authority is   defined in The Constitution's eminent domain provisions.  At an appropriate time, these holdings must be made available to US investors.” 

“Additionally, all foreign entities will be required to pay a tax; designated as, The Annual Franchise Fee.  A requirement for the privilege of doing business within the US domestic market. This tax is to be computed as a ratio in proportion to the entity’s annual gross sales. It will be a first-degree felony for its management and employees to attempt to pass on this tax burden to US consumers.  Such violation is to be regarded as a predatory business practice as stated herein.”

“If any foreign entity is adjudicated to be violation of this Act's provisions requires The Commission to declare it as having engaged in predatory business practices.   It must be SUBJECTED TO A DEBARMENT; Prohibited from conducting US commercial activities for a period of not less than 10 years.”

OUR RATIONALE:  Soon to follow…