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US National Security, foremost factor in ‘Export Control & Border Security’ project in Sri Lanka: ex-State Dept employee

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US Embassy Website carried the above photograph Ambassador Chung introducing the new arrival from Washington

Retired Foreign Service National Political Specialist of the U.S. Department of State Daya Gamage who was in the Political Division of the US Embassy in Sri Lanka has said that the US was stepping up an operation here meant to enhance its own security.

American ambassador Julie Chung announced recently the arrival of an official to join her diplomatic staff, in the wordings of a twitter message from the ambassador “Welcome a new team member from US Export Control and Border Security (EXBS) to work with the GoSL to develop and enhance systems for safe, productive ports, ensuring SL can strengthen trade and exports to build the economy in this challenging period.”

The announcement largely went unnoticed as it would have been considered another Washington assistance to lift Sri Lanka’s economy from its current doldrums, he said.

In what manner could Washington endeavor to help “for safe, productive ports, ensuring SL can strengthen trade and exports,” never came to anyone’s mind, Gamage added.

Gamage issued the following statement: “On the face of the announcement Washington intentions were to “strengthen trade and exports to build the economy in this challenging period” which is an immediate need of Sri Lanka, but the background check revealed the foremost objective was indeed to strengthen and enhance the national security of the United States which was its prime focus since 2016 with the undertaking of building military capabilities and economic power in the Indo-Pacific region to lessen the clout of China. What happened here, with the arrival of the official from Washington, is that the United States Government stepped into Sri Lanka, which is strategically located at the center of the Indo-Pacific region to do just that.

The US is already has three defense and technology agreements with India.

It is interesting to find out the covert motives behind the declared intention to assist Sri Lanka, and how Washington could ‘bind’ Sri Lanka to assist its foremost objective in further strengthening its national security at a time when there is an imminent threat from China in the Indo-Pacific region.

Despite the Rajapaksa-controlled political entity continues to hold a clout in the legislature with its national and global credibility at a low ebb, it has collaborated with its presidential nominee Ranil Wickremasinghe for the latter to have a free hand in the governance knowing full well that he has better inroads to Western portals of power centers to seek economic assistance. The US has 16.6% control over the IMF and a greater clout in the World Bank.

Of course, Ranil Wickremasinghe as prime minister during 2002-2004 period – under Chandrika Kumaratunga’s disabled presidency – due to her political coalition losing control of the legislature in December 2001 elections followed by the surrender of the vital foreign and defense establishments to the prime minister of her rival party – signed two military agreement with the U.S. to facilitate to protect (from the International Criminal Court) alleged American war criminals engaged in Iraq and Afghanistan, and extend the facilities of the Colombo Airport to have easy transfer of alleged 9/11` terrorists in American custody to CIA torture chambers in other countries. India refused to sign both these agreements, vehemently opposing them. Washington progressively increased economic assistance during Wickremasinghe tenure due to the then Deputy Secretary of State Richard Armitage’s direct involvement in GSL-LTTE peace talks. The Norwegian negotiator Erik Solaheim, who was found favoring the LTTE at that time arrived in Colombo last week as an advisor on environment to President Ranil Wickremasinghe.

Could be Washington’s reading was correct – well fed by Julie Chung’s diplomatic post in Colombo – that President Ranil Wickremasinghe could facilitate to achieve what is intended by sending an official to fulfill the ‘national security’ tasks embedded in four U.S. federal regulations: (1) U.S. Export Control and Border Security (2) Export Control Reform Act (3) Export Administration Regulations and, (4) Bureau of Industry and Security.

The new arrival from Washington’s Export Control and Border Security is attached to the US Commerce Department under which the four US Federal regulations are strictly enforced through overseas diplomatic missions of the US Department of State under which Ambassador Julie Chung functions.

As Ambassador Chung herself in a twitter notification – announcing the new arrival from Washington – mentioned the use of US Export Control and Border Security to strengthen Sri Lanka’s trade and export, it is pertinent to find out what the US Export Control Policy is:

With the stated policy to preserve the qualitative military superiority of the U.S. and to strengthen the U.S. defense industrial base, Washington will use export controls considering the impact of its economy to restrict the export of items which would make a significant contribution to the military potential of any other country while strengthening U.S. defense industrial base.

On May 16, 2019 the China-based Huawei Technologies operating in Sri Lanka was black listed by the Government of the United States. This is one of the world’s largest providers of telecommunications equipment, networking gear, smart phones and more.

The U.S. Department of Justice (DOJ) on January 28, 2019, charged Huawei with bank fraud and stealing trade secrets. Huawei denied the U.S. charges, saying requests to meet with the US Justice Department had been “rejected without explanation.” The company said that the trade secret theft allegations were “already the subject of a civil suit that was settled by the parties.”

The targeted goals of the US Export Control Policy were, to carry out the foreign policy of the United States, including the protection of human rights and the promotion of democracy, to ensure national security controls are tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States, to ensure national security controls are tailored to focus on those core technologies and other items that are capable of being used to pose a serious national security threat to the United States. One other objective is the national security of the United States requires that the United States maintain its leadership in the science, technology, engineering, and manufacturing sectors, including foundational technology that is essential to innovation. Such leadership requires that United States persons are competitive in global markets. The last objective explains why Washington black listed Huawei Technologies operating in many countries including Sri Lanka.

The Export Control Policy document has clearly stated that the “US needs to do the hard internal work of deciding which specific commodities, software, and technologies should, for example, be controlled to (i) respond to human rights abuses; (ii) support a “global level playing field;” (iii) address “legal, ethical, and political concerns” about emerging technologies; (iv) respond to civil-military fusion policies in countries of concern; (v) avoid disruptions to strategic supply chains; and (vi) respond to “technology acquisition strategies, including economic coercive measures.” The primary agencies responsible for such work are the export control agencies at the departments of Commerce, Defense, State, and Energy.”

It is within these parameters that the Government of the United States will engage in discourses with the Government of Sri Lanka, and an experienced official from the US Department of Commerce, just arrived at the American Embassy, to fulfill Washington’s desire to hold onto its hegemony in the Indo-Pacific region.

What is understood and seen from outside is “to work with the GoSL to develop and enhance systems for safe, productive ports, ensuring SL can strengthen trade and exports to build the economy in this challenging period.”



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BASL calls for conscience vote on 22nd Amendment

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The Bar Association of Sri Lanka (BASL) yesterday called on all political parties, represented in Parliament, to allow their members to vote on the proposed 22nd Amendment to the Constitution according to their conscience, stressing that the responsibility for deciding whether the Bill should be enacted now rests with Parliament.

In a statement issued after the Supreme Court’s determination on the 22nd Amendment Bill, BASL President Rajeev Amarasuriya and General Secretary Nalin de Silva have said the SC’s determination should not be interpreted as an endorsement of the proposed constitutional amendment as a matter of policy.

The BASL has said the SC’s jurisdiction, under Articles 120, 121 and 123 of the Constitution, was to determine the constitutional requirements for the enactment of the Bill, including whether the Bill, or any of its provisions, required approval at a referendum under Article 83.

“The determination is therefore not a determination as to whether the proposed amendment is good or bad policy, desirable or undesirable, wise or unwise, or whether Parliament ought to enact it,” the BASL said.

Full text of the BASL statement: The Supreme Court has now delivered its Determination on the Twenty-Second Amendment to the Constitution Bill and determined that the Bill does not require the approval of the People at a Referendum.

In terms of Articles 120, 121 and 123 of the Constitution, the jurisdiction of the Supreme Court in relation to the Bill is to determine the constitutional requirements for its enactment, including importantly whether the Bill, or any provision thereof, requires the approval of the People at a Referendum by virtue of Article 83.

The Determination is therefore not a determination as to whether the proposed Amendment is good or bad policy, desirable or undesirable, wise or unwise, or whether Parliament ought to enact it.

This distinction is also evident from Sri Lanka’s previous constitutional amendments. During the 48 year history of the second republican Constitution there have been many amendments which passed constitutional muster but nevertheless had a negative effect on democracy, constitutionalism, the independence of the judiciary and the rule of law.

The question that now arises is whether Parliament ought to enact the proposed Amendment. That responsibility rests with Parliament and with each individual Member of Parliament when they vote on the Bill.

In making that decision, Members of Parliament should be mindful of the possible and probable consequences the 22nd Amendment will have on our nation. They should also consider the lack of transparency and a proper consultative process in the introduction of the 22nd Amendment. As representatives of the people they should also consider the concerns that have been expressed in relation to the proposed Amendment by a broad cross-section of society including the Maha Nayakes of the Three Nikayas, the Catholic Bishops’ Conference in Sri Lanka, the Church of Ceylon, the Bar Association of Sri Lanka, the Judicial Service Association, the Commonwealth Lawyers Association, LAWASIA, the International Association of Judges, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, the French National Bar Council, and more than 40 Professional Associations and Unions, including the Government Medical Officers’ Association and other leading professional bodies.

Accordingly, the Bar Association of Sri Lanka calls upon all the political parties in Parliament to allow the Members of Parliament to speak and vote on the 22nd Amendment according to their conscience.

The responsibility now lies with Members of Parliament, when called upon to vote, to take a principled position according to their conscience giving due consideration to their constitutional responsibility, their representative capacity and most importantly their duty to the sovereign People of Sri Lanka.

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IMF: Sri Lanka on course for 2027 market return

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SL to regain access to international financial and capital markets next year in line with IMF projections

Sri Lanka is on course to regain access to international financial and capital markets around 2027, in line with the International Monetary Fund’s (IMF) current economic projections, IMF Mission Chief Evan Papageorgiou said yesterday.

Papageorgiou said the IMF’s core assumptions under Sri Lanka’s economic programme continued to envisage the country returning to international capital markets in 2027.

“Our previous assumption that Sri Lanka will go back to capital markets still stands. We still have a good trajectory to achieving this in 2027 or thereabouts, and that should be the goal,” he said.

Papageorgiou stressed that Sri Lanka could not rely solely on domestic sources of financing to build long-term economic resilience and would need a diversified funding strategy.

“Every country needs to have a good ability to access funds both in domestic markets, as it already has, as well as international markets for eurobonds and other modes,” he said.

He said a return to international capital markets would have significant implications for Sri Lanka’s external debt composition, while strengthening foreign exchange reserves would remain essential as the country prepares to meet future debt-servicing obligations.

The IMF’s assessment comes amid improving international investor sentiment towards Sri Lanka and positive developments in the country’s sovereign credit ratings.

Papageorgiou cited Fitch’s recent upgrade of Sri Lanka’s credit rating as a positive development, saying global investors were increasingly viewing the country from a more constructive perspective.

Sri Lanka remains under the IMF’s Extended Fund Facility (EFF) programme, which is scheduled to continue until March 20, 2027. Regaining access to international capital markets remains a key milestone under the country’s broader economic recovery.

The IMF has stressed the importance of rebuilding Sri Lanka’s foreign exchange buffers and maintaining stability in domestic financial markets as the country approaches substantial external debt repayments.

A sustained improvement in these areas would help strengthen the country’s capacity to return to international markets while safeguarding macroeconomic stability, the IMF has indicated.

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President appoints three new judges to High Court

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From Left: New HC judges Perumal Sivakumar, Anandi Kanagaratnam and Gnanesha Lalith Kannangara receiving their letters of appointment yesterday from the President

President Anura Kumara Dissanayake yesterday (23) handed over appointment letters to three Special Grade officers of the Judicial Service as High Court Judges, at a ceremony held at the Presidential Secretariat, according to the President’s Media Division (PMD).

The new appointees are Perumal Sivakumar, District Judge of Jaffna; Anandi Kanagaratnam, Senior Assistant Secretary of the Judicial Service Commission; and Gnanesha Lalith Kannangara, District Judge of Colombo.

The three senior Judicial Service officers will take up duties as High Court Judges following their appointments.

The appointments were made from among Special Grade officers of the Judicial Service, the PMD said.

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