Biden Removes Sanctions Against Chinese Institute Accused of Human Rights Abuses to Help Combat Fentanyl Trade
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Just blocks from where US President Joe Biden and his Chinese counterpart Xi Jinping met with other Asia-Pacific leaders this week in San Francisco is a neighborhood where it was commonplace to see people using and selling drugs, known as the Tenderloin District in San Francisco. The city, host to Asia-Pacific Economic Cooperation (APEC) has received criticism for large-scale sweeps of homeless encampments this week, ahead of the foreign leaders arriving for the event on streets that just days prior were viewed as open-air drug markets.
The United States wants China’s cooperation to stop an illicit flow of “precursor” chemicals that are used to make fentanyl.
China, Mexico & US Stances on Fentanyl Issues
The Biden administration has been seeking increased cooperation from both Mexico and China to stem the flow of fentanyl, a deadly opioid, and its precursor chemicals, which have fueled a sharp rise in overdose deaths in the United States.
Lopez Obrador and Xi agreed to combat illegal trafficking of precursor chemicals, Mexican Foreign Minister Alicia Barcena said. Biden also met with the Mexican President.
“We know that this global fentanyl supply chain, which ends with the deaths of Americans, often starts with chemical companies in China,” said US Attorney General Merrick Garland. Last month, the United States imposed sanctions on 28 people and entities involved with the international proliferation of illicit drugs, including a large China-based network.
Advocates have also accused pharmaceutical companies and related businesses of fueling the crisis by downplaying the risks of opioids and the lack of regulation. Landmark settlements since 2021 have set compensation at more than $50 billion nationwide.
US-China Agreement to Combat Fentanyl Trade
In addition to economic, military, and other political issues being discussed, fentanyl was a topic high on the list for the Biden-Xi summit. Many believed the meetings would result in action to combat the fentanyl trade.
The White House announced the resumption of bilateral cooperation on counternarcotics, with a focus on reducing the flow of precursor chemicals fueling illicit fentanyl and synthetic drug trafficking. For years, bilateral cooperation on counternarcotics had been suspended. The PRC is now taking law enforcement action against illicit precursor suppliers, has issued a notice to industry warning Chinese companies against illicit trade in precursor chemicals and pill press equipment, and has committed to restart key law enforcement cooperation.
In its circular, the narcotics agency warned that any person, or company, including postal and logistics firms, that is aware of the sale, transport, or export of illegal drugs or precursor chemicals may face criminal charges or fines.
US officials say small chemical businesses in China make precursor chemicals that are shipped to Mexico to produce illicit fentanyl. China says addiction and demand for the drug are US domestic problems. Former President Trump in 2018 cut a deal with Xi that saw China classify the drug as a controlled substance, but the fentanyl-fueled epidemic has only worsened since then.
Together, the United States and China are now announcing the launch of a counter-narcotics working group to create a platform for policy and technical experts to discuss law enforcement efforts and exchange information on counter-narcotics efforts going forward.
US Removes Sanctions for Cooperation
The Trump administration put the institute on the Commerce Department’s “Entity List” in 2020 over alleged abuses toward ethnic Uyghurs and other minority groups – effectively barring it from receiving US exports. While not to the level of sanctions such as those put in place on several Chinese chemical and exporting companies; the inclusion on the list restricts exports and subjects companies to US licensing laws. It does not completely prohibit US companies or people from doing business with them.
Critics warned removing sanctions against the institute signals to Beijing that US entity listings are negotiable, and have questioned the Biden administration’s commitment to pressuring China over what it says is the Chinese government’s genocide of Uyghurs.
Rayhan Asat, a human rights lawyer of Uyghur heritage, said she recognized the pressing issue posed by fentanyl, but that the U.S. decision raised questions about the US commitment to addressing China’s rights abuses.
“The United States has a legal obligation, under federal law, to address atrocity crimes once they have been determined as such. The question then arises: should addressing one issue take precedence over addressing the genocide? Can’t we address both?” she said.
“It’s out of control,” said Mike Odeh, 36, a salesperson at a liquor store near where APEC leaders met. He said that while the city had been cleaning up the streets ahead of APEC, he normally sees people using fentanyl while walking his son to the park and to school, adding: “You can see it all over. Not this week of course.”
California-Based Fentanyl Task Force
“As part of this new task force, our analysts at the California National Guard will work behind the scenes to connect the dots — to identify dealers, suppliers, and traffickers so law enforcement can secure justice,” said Major General Matthew Beevers, CalGuard. “We’ve had tremendous success serving in a similar role in San Diego and Fresno and we’re ready for this mission.”
Since the state began its increased law enforcement efforts in San Francisco on May 1, 2023, the CHP has seized 18.5 kilos of fentanyl and made 364 felony and misdemeanor arrests in the Tenderloin and the surrounding area.
The city’s Mayor London Breed has pushed to prioritize treatment for drug users, talked of police action as a way to solve the problem, and has called on the federal government to boost its drug trafficking enforcement. “We know San Francisco – and cities across the United States – will benefit from more targeting of the trafficking and production of fentanyl worldwide,” a spokesperson for Breed said in a statement.
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