Category: Trade

  • MIL-OSI New Zealand: Business urges a global-facing CER partnership

    Source: BusinessNZ

    The Dialogue provided an opportunity to explore the future development of the CER framework, including the Single Economic Market (SEM) agenda, the Trans-Tasman Mutual Recognition Agreement (TTMRA) and the CER Investment Protocol, and to discuss collaboration on regional and global trade issues.
    The ANZLF CER Business Dialogue was attended by the New Zealand Minister for Trade, Hon Todd McClay, and Australian Minister for Trade and Tourism, Senator the Hon Don Farrell.
    The Ministers joined ANZLF CEO delegates for a discussion on how to enhance trans-Tasman economic and trade cooperation through:
    • Streamlining regulations and standards to boost competitiveness and facilitate seamless trade
    • Jointly developing and promoting an attractive single investment environment for both domestic and foreign investors
    • Strengthening supply chains to mitigate risks and ensure business continuity in times of crisis
    • Leveraging technology to modernise trade processes, including the transition to paperless trade documentation and the adoption of coherent digital standards for areas like digital identity verification, cyber security, e-commerce, and data exchange.
    Australian ANZLF Co-Chair and CEO of CyberCX, John Paitaridis, emphasised the ANZLF’s role in fostering strong relationships between business and political leaders to ensure a healthy and vibrant trans-Tasman relationship. Mr Paitaridis noted that for twenty years the ANZLF has helped develop the SEM agenda and influenced a raft of policies, ranging from border control to business regulation.
    “The ANZLF brings trans-Tasman business leaders together to advance the trans-Tasman relationship,” Mr Paitaridis said, “Our engagement with Ministers in Rotorua underscored the importance of the ANZLF as a platform for dialogue and active collaboration. It also spoke to the Prime Ministers’ recent joint statement acknowledging the ANZLF’s relevance to business and effectiveness as a voice to governments.”
    Spark NZ CEO, Jolie Hodson, highlighted the need for a more outward-looking approach to the trans-Tasman relationship. Ms. Hodson said, “CEOs emphasised the importance of promoting CER to the world, and ensuring the SEM agenda remains modern and, forward-thinking, attractive to foreign investors by pursuing regulatory coherence wherever possible and embracing new opportunities in the digital economy.”
    Mr Paitaridis concluded, “By aligning our policies, enhancing investment frameworks, supporting innovative supply chain solutions and digitising the trade relationship, we can ensure our two countries remain match fit for a modern trade relationship.”
    Australia Delegation
    John Paitaridis, CEO, CyberCX and ANZLF Co-Chair
    Bran Black, CEO, Business Council of Australia
    Paul Corbett, General Manager, New Zealand, CPB Contractors
    Tracey Evans, Managing Director, Aurecon
    Ranj Samrai, Australia Director, ANZLF
    New Zealand Delegation
    Jolie Hodson, CEO, Spark NZ and Acting ANZLF Co-Chair
    Jason Boyes, CEO, Infratil
    Roger Gray, CEO, Port of Auckland
    Traci Houpapa, Chair, Federation of Māori Authorities and ANZLF Indigenous Business Sector Group
    Simon Limmer, CEO, Indevin
    Amelia Linzey, CEO, Beca
    Stephen Jacobi, New Zealand Director, ANZLF
    Simon Le Quesne, New Zealand Associate Director, ANZLF.

    MIL OSI New Zealand News

  • MIL-OSI USA: Greg Landsman misleads voters in campaign ad

    Source: US National Republican Congressional Committee

    The following text contains opinion that is not, or not necessarily, that of MIL-OSI –


    September 20, 2024


    Sleazy politician Greg Landsman has been caught misleading voters in his campaign ad, where he claims “Members of Congress are using insider information to get rich trading stocks. That’s crazy,” and “I don’t take corporate PAC money because I want you to know I’m with you and not billionaires.”

    Well, a new report shows Landsman actually failed to disclose his own transactions for months—a violation of the STOCK Act. He also held shares in oil and pharmaceutical companies—industries he’s railed against

    “Sleazy politician Greg Landsman is engaging in more sleazy politics… not surprising! Ohio voters deserve transparency from their representative — not lies in campaign ads just to score a vote.” — NRCC Spokesman Mike Marinella

    Read more from the Washington Free Beacon here or see excerpts below.

    Dem Rep. Greg Landsman, An Aggressive Financial Ethics Crusader, Failed To Disclose His Stock Trades
    The Washington Free Beacon 
    Meghan Blonder 
    September 19, 2024

    Rep. Greg Landsman (D., Ohio) has spent years pushing government ethics reforms and demanding more financial transparency from public officials. But the congressman failed to disclose his own transactions for months—a violation of the STOCK Act, a campaign finance expert told the Washington Free Beacon.
     
    As a Cincinnati city councilman, Landsman introduced reforms “aimed at restoring public trust in government,” such as an ethics commission “tasked with local reporting of financial disclosure forms” and investigating complaints, CityBeat reported in 2020. He continued his ethics crusade after winning a House seat, claiming this month in a reelection ad that “members of Congress are using insider information to get rich trading stocks. That’s crazy.”
     
    But Landsman filed a required disclosure form in August showing that he failed to report more than 87 financial transactions within the legally required timeframe. That failure, according to Craig Holman, an ethics lobbyist with the progressive think tank Public Citizen, is a violation of the STOCK Act, a 2012 law intended to combat insider trading through financial transparency. The August disclosure also showed Landsman held shares in oil and pharmaceutical companies—industries he’s railed against.
     
    “Rep. Landsman is required to file a periodic transaction report no later than 45 days after each transaction,” Craig Holman told the Free Beacon. The majority of Landsman’s transactions, 63, were from 2023, with 19 dating back to January that year. Each violation carries a $200 penalty.
     
    […]
     
    Still, the Democrat’s failure stands at odds with his aggressive advocacy for financial transparency for government officials. In 2020, then-councilman Landsman pushed several local reforms following Cincinnati corruption scandals. In addition to the ethics commission, he proposed hiring a chief ethics officer and creating mechanisms to punish or even remove officials who violate campaign finance rules.
     
    “We need people to know that this is a highly effective government, one that is fair, and one that people can trust. We also need good people in public service to stay, and for good people considering public service to join what I believe to be incredibly important and noble work,” Landsman told CityBeat at the time.
     
    In his September reelection ad, Landsman called Washington “a mess.”
     
    “I don’t take corporate PAC money because I want you to know I’m with you and not billionaires,” Landsman said.
     
    His belated financial disclosure, meanwhile, showed he held shares in some of the most profitable companies of all time, including Nvidia, BlackRock, CrowdStrike, Amazon, and Microsoft. It also showed he bought and sold stocks in Diamondback Energy, an oil and natural gas company, as well as in Horizon Therapeutics, formerly Horizon Pharma.
     
    In March 2022, Landsman accused his opponent, then-Rep. Steven Chabot (R.), of being beholden to those industries.
     
    “He’ll be with Big Pharma and Big Oil. I’ll be with our children and families,” he wrote.
     
    The next month, Landsman published a press release titled “Pharma Over Families: Chabot Chooses Chaos in Fight to Lower Costs” and called out political contributions his opponent received from pharmaceutical companies.
     
    “[T]hat’s whose side he’s on…not ours,” Landsman wrote.
     
    Landsman bought and sold up to $30,000 in Horizon shares between January and February 2023, while his wife sold as much as $15,000, according to his financial disclosure. He also bought up to $65,000 in Diamondback shares and sold up to $30,000 between January 2023 and July 2024.
     
    Landsman spent his 2022 congressional campaign criticizing oil and gas companies, calling them “out of control.”
     
    “Oil and gas corporations are making record profits right now,” he posted to X. “They’re price gouging. It’s outrageous, totally unfair to our working families, and a disaster for our economy.”
     
    Landsman’s 2024 campaign website says he’s fighting to “hold polluters accountable” and is working to direct federal funds to “renewable energy, sustainability, and environmental restoration in Southwest Ohio.”
     
    Diamondback focuses on the “acquisition, development, exploration and exploitation of unconventional, onshore oil and natural gas reserves in the Permian Basin in West Texas,” its website states.
     
    Helwig did not comment on the Free Beacon inquiries about Landsman’s specific investments.
     
    This is not the first time Landsman failed in his responsibilities to the government. In March 2022, the state of Ohio filed a tax lien against the Democrat and ordered him to pay interest on unpaid taxes he owed through his accounting firm Landsman & Associates, the Free Beacon previously reported. Still, Landsman voted eight times to raise taxes and fees over a four-year period as a city councilman—even as he acknowledged his constituents were “struggling.”
     
    The Landsman household income, according to finance documents, totaled more than $380,000 in 2022. During a debate, the Ohio Democrat described the rising inflationary costs of gas and groceries as “very frustrating” for him and his wife.

    Read more here.


    MIL OSI USA News

  • MIL-OSI Canada: Saskatchewan Leads The Nation In Retail Trade Growth

    Source: Government of Canada regional news

    Released on September 20, 2024

    Growth in province’s retail trade ranks first in both month-over-month and year-over-year categories

    According to data released today by Statistics Canada, Saskatchewan ranks first among the provinces for year-over-year growth in retail trade. Retail trade sales in the province increased by 6.3 per cent from July 2023 to July 2024 (seasonally adjusted), reaching $2.2 billion.

    “The growth we are seeing in our retail sector is a vitally important leading economic indicator, which shows the current strength of Saskatchewan’s economy and points to our continued leadership position in Canada,” Minister of Trade and Export Development Jeremy Harrison said. “This growth is creating new opportunities for the people and families of our province. With the strongest job growth in the country, lowest rate of inflation, and record investment, Saskatchewan’s strong and vibrant communities are well positioned now and into the future.

    “Our government will continue to work alongside our industry partners and job creators to protect and promote the interests of Saskatchewan residents.”

    The value of retail trade in Saskatchewan increased by 3 per cent in July 2024 compared to June 2024 (seasonally adjusted), also ranking first in terms of percentage change among the provinces.

    The Monthly Retail Trade Survey compiles data on sales, including e-commerce sales, and the amount of retail locations by province, territory, and selected census metropolitan areas from a sample of retailers.

    Retail sales is a measure of total receipts at stores, or establishments, that sell goods and services to final consumers.

    The province continues to see positive outcomes in several key economic areas, with Saskatchewan currently maintaining the lowest year-over-year rate of inflation according to the Consumer Price Index, at 1.1 per cent.

    Statistics Canada’s latest GDP numbers also indicate that Saskatchewan’s 2023 real GDP reached an all-time high of $77.9 billion, increasing by $1.2 billion, or 1.6 per cent. This places Saskatchewan second in the nation for real GDP growth, and above the national average of 1.2 per cent.

    Private capital investment is projected to reach $14.2 billion in 2024, an increase of 14.4 per cent over 2023. This is the highest anticipated percentage increase in Canada.

    The province has revealed “Securing the Next Decade of Growth: Saskatchewan’s Investment Attraction Strategy,” in conjunction with the launch of the investSK.ca website. These initiatives are positioned to amplify growth in Saskatchewan, serving as pivotal instruments in driving further development.

    To learn more, visit: investSK.ca.

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    For more information, contact:

    MIL OSI Canada News

  • MIL-OSI USA News: FACT SHEET: Biden-⁠ Harris Administration Highlights New Actions to Support Women’s Economic  Security

    Source: The White House

    Today, the Biden-Harris Administration is announcing new resources to support women’s economic security and convening stakeholders to discuss the Biden-Harris Administration’s efforts to ensure that women age with the financial security that they deserve.
     
    Under the leadership of President Biden and Vice President Harris, working age women’s labor force participation is the highest on record, the gender pay gap has narrowed, and the Administration is ensuring that women have access to good jobs and safe workplaces free from discrimination.  Still, women—and women of color in particular—experience workplace inequities throughout their lives, including as a result of discrimination, pay disparities, occupational segregation, and unpaid caregiving responsibilities.  These inequities can add up to millions of dollars lost over the course of a lifetime and contribute to a retirement savings gap between men and women.  While women typically retire with less savings than men, they are also living longer—thereby, experiencing more financial strain as they age.  
     
    The Council of Economic Advisers is releasing a new issue brief on the Economic Security of Older Women highlighting the economic challenges that compound over the course of a woman’s life and underscoring that women are more vulnerable to economic shocks.  The issue brief also highlights Biden-Harris Administration policies that have helped mitigate these challenges and ensure women’s economic security as they age.
     
    Since Day One, President Biden and Vice President Harris have fought to improve women’s economic security and protect and strengthen Social Security, Medicare, and Medicaid—lifelines for millions of women.  From lowering prescription drug costs for millions of seniors through the historic Inflation Reduction Act to issuing new rules to ensure that the financial advice that Americans get for retirement is in their best interest, the Biden-Harris Administration is taking action to support women’s financial security.  The Biden-Harris Administration is also closing gaps in women’s health research, ensuring that women enter retirement more securely, supporting families’ access to care, and protecting women from financial fraud and scams. 
     
    As part of the ongoing efforts to support women’s economic security, the Biden-Harris Administration is announcing the following new actions:
     
    Supporting Employment Training and Housing for Seniors. The Department of Labor (DOL)—through the Senior Community Service Employment Program—is awarding more than $200 million in new grants to support training and employment for older adults.  Through these grants, participants—the majority of whom are women—are connected to jobs, gaining critical workplace skills and a pathway to financial stability.  The Department of Health and Human Services (HHS) is announcing nearly $3 million in funding for the Elder Justice Innovation Grants.  Because traditional emergency housing options often cannot meet the needs of older adults, older women experiencing abuse are often forced to return to unsafe environments; these funds will support emergency and transitional housing tailored to the needs of older women.
     
    Providing New Resources to Help Support Women’s Retirement Security.  HHS is announcing a new guide to services and resources—including tools for retirement planning and financial literacy—to assist women in planning for a healthy financial future in older age.  DOL is publishing resources to assist women navigating challenging retirement scenarios, including a new effort to educate attorneys and advocates on qualified domestic relations orders, a critical step in dividing a couple’s retirement assets in the event of a divorce.  The Department of Treasury is publishing a new issue brief on the unique challenges that many women face in retirement, and how the Biden-Harris Administration’s implementation of the SECURE 2.0 Act—including the Saver’s Match, emergency savings provisions, and expanded coverage for part-time workers—will help mitigate the gender retirement savings gap.  And the Social Security Administration is releasing a new resource for women and their families about how they can better access Social Security benefits and services.  

    Protecting Women’s Earnings and Savings.  The Consumer Protection Financial Bureau (CFPB) is announcing new efforts to help older women—who are more vulnerable to certain financial frauds and scams—protect their hard-earned savings.  Today, the CFPB spotlighted the legal challenges faced by surviving spouses—often women—who may be pursued for their spouse’s medical debt.  Some states have enacted laws making clear that surviving spouses are not responsible for their deceased partners’ debts, and others limit the circumstances in which a surviving spouse is responsible; however, the CFPB has found that debt collectors may try to capitalize on a surviving spouse’s vulnerabilities by attempting to collect their deceased spouse’s unpaid medical bills without real consideration of whether the surviving spouse actually owes the debt.  This follows the CFPB’s proposed rule earlier this year, announced by Vice President Harris, which proposed to remove medical bills from most credit reports, increase privacy protections, help to increase credit scores and loan approvals, and prevent debt collectors from using the credit reporting system to coerce people to pay.  The CFPB will also release a report on the barriers that older Americans face in banking that financial institutions must work to address, including loss of a spouse, cognitive challenges, and changes in health.  The Equal Employment Opportunity Commission is releasing a new resource highlighting enforcement activities and public education efforts to combat sex and age discrimination.
     
    Today’s announcements build on the Biden-Harris Administration’s actions to help ensure women age with financial security, including—
     
    Lowering Health Care Costs for Women
     
    The President and Vice President believe that health care is a right, not a privilege, and have expanded health care to millions more Americans while lowering health care costs.  The Administration continues to build on, strengthen, and protect Medicare, Medicaid, and the Affordable Care Act and has signed historic new laws to lower prescription drug costs and health insurance premiums.  The President’s prescription drug law, the Inflation Reduction Act, is directly benefiting women with Medicare, including nearly 30 million women enrolled in Medicare Part D.  These actions are especially important for women, who typically face higher health care costs than men and who are more likely than men to take less medication than was prescribed because of cost—with even greater disparities for women of color.  To help address these challenges, the Biden-Harris Administration is:

    • Lowering the Cost of Insulin.  The Administration is delivering on the President’s promise to lower health care costs by capping seniors’ insulin costs at $35 for a month’s supply.  As a result, all 3.4 million Medicare Part D enrollees who filled an insulin prescription in 2023 had their insulin costs capped at $35 per month, saving some seniors hundreds of dollars for a month’s supply and lowering costs for about 733,000 women enrolled in Part D and B.
    • Capping Out-of-Pocket Prescription Drug Costs. Under the President’s leadership, HHS is implementing a $2,000 out-of-pocket cap for prescriptions drugs costs for Medicare Part D enrollees.  In 2025, when the cap goes into effect, nearly 19 million seniors and other beneficiaries are projected to save $400 per year on prescription drugs. 
    • Lowering the Cost of Prescription Drugs. For the first-time ever, the Administration announced new, lower prices for the first ten drugs selected for Medicare drug price negotiations, including for drugs that women disproportionately use.  For example, one of the first 10 drugs is Enbrel—an arthritis treatment; women comprise 72 percent of the enrollees who use Enbrel; a woman with Medicare who takes Enbrel and pays $1,777 today for a 30-day supply would pay only $589 to fill her prescription when the negotiated prices take effect—a 67% decrease in out-of-pocket costs.
    • Lowering the Cost of Health Insurance. Millions of women are saving an average of $800 on health insurance premiums thanks to the Administration’s expansion of the Premium Tax Credit.  This expansion has helped drive health insurance coverage to a record high, while the Affordable Care Act continues to ensure that insurance companies cannot charge women more just because of their gender.

    Supporting Women’s Financial Security

    The Biden-Harris Administration is committed to ensuring that women are supported throughout their working lives—by ensuring access to high-quality jobs, robustly enforcing workplace antidiscrimination laws, and closing gender wage gaps—and as they enter retirement.  The Administration is working to ensure women’s financial security as they age by:

    • Safeguarding Social Security Equity and Efficiency.  Social Security is the bedrock of financial security for American seniors and for millions of Americans with disabilities.  President Biden and Vice President Harris are committed to protecting and strengthening Social Security.  SSA also administers the Supplemental Security Income (SSI) program, which provides monthly payments to people with disabilities and older adults who have little or no income and resources; older women are more likely than older men to rely on SSI, making up 64% of SSI recipients aged 65 or older.  To simplify and increase access for individuals, SSA announced the first phase of an online, streamlined SSI application; published three final rules simplifying how non-monetary support from friends and family is counted; and initiated efforts to expedite decisions for people with severe disabilities.  SSA has also deployed a targeted outreach strategy to ensure that beneficiaries are aware of the benefits SSA pays to widowed and divorced spouses and dependents of eligible workers—a population disproportionately comprised of older women.  To help ensure that all beneficiaries receive the benefits that they are entitled to, SSA is also translating more materials into more languages, improving access to interpretation services, and developed a Limited English Proficiency Toolkit.  The Biden-Harris Administration is fighting to ensure that SSA has the funding they need to continue administering these crucial programs.
    • Protecting Women’s Retirement Savings.  Earlier this year, DOL issued a final rule to close loopholes and ensure that the financial advice that Americans get for retirement is in their best interest.  DOL’s rule will protect the millions of Americans, including millions of women, who are diligently saving for retirement when they rely on advice from trusted professionals on how to invest their savings.  The rule will require trusted investment advice providers to give prudent, loyal, and honest advice, and prevent them from providing recommendations that favor the investment advice providers’ interests—financial or otherwise—at retirement savers’ expense.  These new safeguards will save tens or even hundreds of thousands of dollars per impacted middle-class saver.  The Administration is also implementing the SECURE 2.0 Act, which allows survivors of domestic abuse to elect to receive penalty-free distributions from an employer-sponsored retirement plan. 
    • Providing Housing Security for Vulnerable Women. The Department of Housing and Urban Development continues to support housing for older Americans, including through the Home Equity Conversion Mortgages for Seniors program, which allows seniors to withdraw a portion of their home equity for additional income, and the 202 program, which offers direct loans and capital for the provision of secure and supportive housing facilities for older persons.  These programs—which predominantly support older women— allow senior homeowners to age in place and help expand the supply of affordable housing by providing low-income older Americans with options that allow them to live independently but in an environment that provides support for daily necessities. 

    Supporting Families’ Access to Care

    The Biden-Harris Administration—through implementation of the President’s Care Executive Order—is working to ensure that older women have the support they need as they age as well as to care for the ones they love.  Even as older adults require care, they are also often the ones who provide it.  One in four older women provide some form of unpaid caregiving, and, without training and support, their health, well-being, quality of life, and financial future can suffer.  The Administration is supporting families’ access to care by:

    • Ensuring Safety and Quality Care in Long-Term Care Facilities. Adequate staffing is proven to be one of the measures most strongly associated with safety and good care outcomes.  To ensure safety and quality care, earlier this year, Vice President Harris announced that HHS finalized a rule to require all nursing homes that receive federal funding through Medicare and Medicaid to have 3.48 hours per resident per day of total staffing, including a defined number from both registered nurses and nurse aides.  This means a facility with 100 residents would need at least two or three registered nurses and at least ten or eleven nurse aides as well as two additional nurse staff (which could be registered nurses, licensed professional nurses, or nurse aides) per shift to meet the minimum staffing standards.  Many facilities would need to staff at a higher level based on their residents’ needs.  It will also require facilities to have a registered nurse onsite 24 hours a day, seven days a week, to provide skilled nursing care, which will further improve nursing home safety.   And HHS released a new “know-your-rights” resource for women to ensure that women can access safe and culturally competent health care free from discrimination and with protections to their privacy. 
    • Supporting Family Caregivers. Through the American Rescue Plan, the Administration provided $145 million to help the National Family Caregiver Support Program deliver counseling, training, and short-term relief to family caregivers and other informal care providers.  HHS issued a report documenting actions taken by the Biden-Harris Administration to implement the first-ever National Strategy to Support Family Caregivers; these actions have created new initiatives that directly support family caregivers, strengthened existing programs, and improved coordination across the federal government to improve the lives of family caregivers.  HHS has also taken steps to support family caregivers’ access to training and beneficiary information during the hospital discharge planning process, published the Guiding and Improving Dementia Experience Model to support people living with dementia and their caregivers, and announced new funding opportunities to develop new approaches to support family caregivers.  HHS also published a guide to help older women find programs and services—such as respite care, support groups and individual counseling—to help them maintain their own health and well-being while being a caregiver for others.  And the Department of Veterans Affairs (VA) launched a program to provide mental health counseling services to family caregivers caring for our nation’s heroes.  
    • Investing in Care Infrastructure and Supporting Caregivers and Care Workers. The Administration is committed to raising the wages and quality of care worker jobs, and to investing in care infrastructure. In March 2024, SBA announced new funding opportunities to support small businesses in the child care sector as well as the creation of a child care business development guide, which will provide resources for child care businesses on starting and running a business throughout the business life cycle.  In addition, SBA is launching a lender campaign to highlight the resources SBA has available to support small, minority-owned, and women-owned businesses, including child care businesses, and will discuss additional reforms to support the growth of child care capacity across the country.  The Administration is also taking steps to ensure Service members and military spouses—the vast majority of whom are women—have the support they need to care for themselves and their families while serving our country, including by strengthening hiring and retention of military spouses across the federal government, and expanding access to child care and other employment resources.  And the Department of Labor has published sample employment agreements so domestic home care, child care, and long-term care workers and their employers can help ensure all parties better understand their rights and responsibilities.

    Protecting Women from Financial Fraud and Scams

    The Biden-Harris Administration is working to protect the savings that older Americans have worked their entire lives to build. Each year, Americans over 60-years-old lose billions of dollars to scams.  The Federal Trade Commission (FTC), the Consumer Financial Protection Bureau, and other regulatory agencies are taking action to crack down on frauds and scams that too often target older Americans by—

    • Protecting Older Women from Financial Fraud. FTC is pursuing actions against scammers who target or disproportionately impact older adults in their schemes, including those who conduct prize, sweepstakes, and lottery scams; tech support scams; and family and friend impersonation.  Last year, FTC’s past enforcement efforts resulted in relief of more than $285 million to consumers.
    • Equipping Older Women with Tools and Resources to Protect Against Scams.  FTC chairs the Scams Against Older Adults Advisory Group focused on expanding consumer education and outreach efforts; improving industry training on scam prevention; identifying innovative or high-tech methods to detect and stop scams; it has produced a report on what research shows are effective tactics in scam-prevention messaging.  And the CFPB has released resources to assist older adults—who are disproportionately women—navigate later-in-life challenges, such as resources to navigate critical financial moments after losing a spouse; tools to avoid financial exploitation; and information to help safeguard finances

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    MIL OSI USA News

  • MIL-OSI Banking: WTO-FIFA “Partenariat pour le Coton” initiative kicks off national consultations in Benin

    Source: WTO

    Headline: WTO-FIFA “Partenariat pour le Coton” initiative kicks off national consultations in Benin

    The “Partenariat pour le Coton” initiative, launched in February 2024 following the signing of the WTO-FIFA Memorandum of Understanding (MoU) in 2022, brings together public and private sector partners to support the C-4 plus countries in moving up the cotton value chain and ensuring greater benefits for these nations.
    The launch event for the programme featured experts from partner organizations, such as the WTO, the UN Industrial Development Organization, Better Cotton, Gherzi, a textile management consulting company, and the UN Resident Coordinator’s Office in Benin. Following the launch, the first national consultation session for Benin took place, focusing on key challenges related to technology, employment, sustainability and productivity enhancement across the cotton value chain.
    Financial partners were engaged to identify potential areas of interest, paving the way for future investment projects aligned with Benin’s national priorities. The session also emphasized sustainable development and the importance of enhanced cooperation between partners and the C4 plus governments in upcoming consultations.
    Participants highlighted the significance of the upcoming World Cotton Day celebrations on 7 October, to be held in Cotonou. Taking place for the first time on African soil, the event will provide a critical platform to strengthen partnerships and map out the future direction of the cotton industry.
    Stephen Fevrier, Senior Advisor to the WTO Director-General, lauded the successful launch of the national consultation process. He said: “Since taking office, Director-General Ngozi Okonjo-Iweala has been committed to supporting African cotton-producing countries, in particular the C-4. It is encouraging to see the progress being made by the WTO-led Partenariat pour le Coton to spotlight opportunities in the cotton sector and generate the resources needed to increase the value and contribution of the sector to development in the C-4.”

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  • MIL-OSI Banking: WTO members seek fresh momentum for agriculture talks

    Source: WTO

    Headline: WTO members seek fresh momentum for agriculture talks

    Summarizing his informal consultations with members last week, the Chair of the negotiations, Ambassador Alparslan Acarsoy of Türkiye, highlighted a recurring emphasis on the need to rebuild trust among members.
    The Chair highlighted a widespread desire to resume negotiations as soon as possible and to focus on substance, with the goal of initiating text-based talks early enough before the 14th Ministerial Conference (MC14).
    There was a suggestion, he noted, to enhance political leadership by convening periodic negotiation meetings at the Head-of-Delegation level to review progress and to involve senior officials in addressing particularly intractable issues.
    Regarding the procedural steps forward, the Chair outlined two suggestions from the consulted members. One option is to establish informal small groups on various topics, each led by key proponents. The second option is for the Chair to appoint facilitators to lead such thematic negotiations.
    Other recommendations included setting milestones in the lead-up to MC14, adopting a comprehensive approach in the negotiations, and considering the relevance of past mandates when defining priorities.
    Members welcomed the Chair’s efforts to advance the negotiations and shared their views on the way forward. Members emphasized the importance of inclusiveness and transparency and the central role of the Committee on Agriculture in Special Session as the primary forum for negotiations.
    Questions were raised about the possible structure of the suggested thematic working group discussions. Some members called for pragmatic interest-based discussions, while others emphasized the need to honour past mandates or underscored the need for a balanced and realistic approach across the board.
    Several members also called for fresh perspectives. They noted the quality of the discussions held on agriculture during the Public Forum and the workshop organized by the WTO in early July and suggested convening additional seminars to introduce new insights into the negotiations.
    The African Group and the Cairns Group informed delegates that their bilateral meetings, which resumed after the summer break, have been conducted on a weekly basis. These technical-level discussions aim to find common ground and to draft modalities across all topics, in particular domestic support and public stockholding for food security purposes. They stressed the willingness of participants to engage constructively and expressed the hope that a joint proposal will be submitted to the committee for consideration in the near future.
    The Chair encouraged members to engage in substantive discussions on specific topics. He cited the ongoing collaboration between the African Group and the Cairns Group as a positive example.
    On the same day, members also participated in discussions at dedicated sessions on public stockholding and the Special Safeguard Mechanism.
    Brazil’s new submission on sustainable agriculture
    Brazil presented its submission titled “Dialogue on sustainable agriculture in the multilateral trading system” (JOB/AG/261), also circulated to the General Council and other WTO bodies in July. Brazil emphasized the urgent need to address more forcefully in the WTO critical sustainability challenges, with a view to ensuring WTO disciplines better support a more sustainable and resilient food and agriculture system, while not creating unnecessary trade restrictions, distortions or discrimination, and not weakening the fight against hunger and poverty.
    The submission noted the cross-cutting nature of this issue across various committees and called for the General Council to take the lead with a retreat on the topic in the second half of 2024, followed by a report on progress made at a senior officials’ meeting on agriculture in the second half of 2025.
    Members welcomed Brazil’s initiative and agreed that sustainability is a critical component of agricultural reform. Many expressed a willingness to engage in thematic discussions and participate in the proposed retreat. Members also suggested specific topics for further deliberation, including technology transfer, climate-smart agriculture, precision farming, and trade-restrictive measures implemented under the guise of environmental protection.
    Several members stressed the need to address jointly the environmental, economic and social dimensions of sustainability, encompassing food security and the livelihood of small farmers.

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  • MIL-OSI Banking: Christine Lagarde: Setbacks and strides forward: structural shifts and monetary policy in the twenties

    Source: European Central Bank

    Speech by Christine Lagarde, President of the ECB, at the 2024 Michel Camdessus Central Banking Lecture organised by the IMF

    Washington, DC, 20 September 2024

    Central banks are public institutions with powerful tools, but the way these tools affect the economy is constantly changing. This uncertainty comes, in part, from the famous “long and variable” lags of monetary policy transmission.[1] It typically takes 18 to 24 months for a change in interest rates to have its peak effect on the economy and inflation.[2]

    But there are also more fundamental issues that affect the transmission of monetary policy, which were identified by Federal Reserve Chairman Alan Greenspan 20 years ago. He wrote that:

    “The economic world in which we function is best described by a structure whose parameters are continuously changing. The channels of monetary policy, consequently, are changing in tandem.”[3]

    In other words, the effectiveness of monetary policy is intrinsically linked to the evolving structure of the economy. In recent years, uncertainty about policy transmission has been particularly acute.

    We have faced the worst pandemic since the 1920s, the worst conflict in Europe since the 1940s, and the worst energy shock since the 1970s. These shocks have changed the structure of the economy and posed a challenge for how we assess the impact of monetary policy. This challenge was exacerbated by the fact that the pandemic caught us after a long period of anaemic growth, below-target inflation and low interest rates.

    To manage this uncertainty, we introduced a three-pronged policy framework, focusing not only on forecast inflation but also on underlying inflation dynamics and the strength of transmission. This framework has been instrumental in helping us calibrate the rate path over the last phase of the hiking cycle, during the period when we held rates at their peak and, more recently, as we have started to make policy less restrictive.

    Our determined policy actions have successfully kept inflation expectations anchored, and inflation is projected to return to 2% over the second half of next year. Considering the size of the inflation shock, this unwinding is remarkable.

    But the uncertainty ahead is still profound. The economy is currently undergoing transformational changes and we need to analyse and understand their impact.

    While some of these changes – like climate change and ageing societies – are unique to our times, others resemble those that took place a century ago. Two specific parallels between the “two twenties” – the 1920s and the 2020s – stand out. Today, like back then, we are seeing setbacks in global trade integration, at the same time as strides forward in technological progress.

    But there is an important difference in how these changes are affecting monetary policy.

    In the interwar period, structural shifts affected the prevailing monetary policy strategy. The main lesson for central banks was that the dominant paradigm was not robust in times of profound structural change.

    It was this realisation that led to modern monetary policy strategies emerging a few decades later, with a core focus on price stability and flexible policy strategies to deliver it.

    Thanks to these developments, we are in a better position today to address these structural changes than our predecessors were. The challenge we face is not about our goals, which have proven successful, or our tools, which are sufficiently flexible.

    Rather, it is about how monetary transmission will be affected by structural shifts, and how we should adjust our analytical frameworks to these shifts.

    In my remarks today, I will start by exploring the parallels between the structural changes of the 1920s and those of the 2020s, while highlighting the different implications for monetary policy in each era. I will then share some preliminary considerations for the evolution of policy frameworks.

    My main message is that we must be ready for change and prepared to use the flexibility in our frameworks as necessary. To ensure stability in the future, our approach must continue to embody “stability without rigidity”, allowing us to adjust swiftly as the economy transforms.

    Post-war structural shifts and monetary policy in the 1920s

    If we go back a century to the 1920s, the world economy was going through a series of transformations. These shifts pulled in different directions, representing both setbacks and strides forward from the previous environment. They fundamentally changed the structure of the economy.

    Two of these shifts had profound implications for monetary policy.

    The first was global fragmentation, which put an end to the open, liberal economic order of the late 19th century and its assumed permanence.

    The decades leading up to the First World War had seen rapid global integration. World trade as a share of GDP rose from 10% in 1870 to 17% in 1900 and then to 21% by 1913, creating new expectations and lifestyles. As John Maynard Keynes famously wrote:

    “the inhabitant of London could order by telephone, sipping his morning tea in bed, the various products of the whole earth, in such quantity as he might see fit, and reasonably expect their early delivery upon his doorstep […] he regarded this state of affairs as normal, certain, and permanent.”[4]

    At the same time, the dominant paradigm among major central banks was the gold standard, which prioritised maintaining an external equilibrium and relying on intrinsic mechanisms for domestic credit to adjust to external imbalances.

    But the war brought about the end of Pax Britannica, while the United States was reluctant to assume the role of global hegemon sustaining open trade. Economic nationalism rose and a rapid unravelling of globalisation followed. World trade as a percentage of GDP fell to 14% in 1929 and 9% in 1938.[5][6] Tariffs more than tripled in most European countries[7] and also rose in the United States.[8]

    Major central banks initially attempted to revive the gold standard in the mid-1920s to recreate the conditions for open trade, but they faced a worsening trade-off.

    As Ragnar Nurkse showed in his seminal study, in a more unstable world, central banks increasingly had to use gold reserves as a buffer against external shocks rather than allowing them to be transmitted to domestic credit growth.[9] While this approach was intended as a “second-best” policy to maintain a degree of domestic stability, it ultimately exacerbated deflationary pressures. Deflation in turn fuelled economic malaise and contributed to the cycle of economic nationalism.

    The second major shift in this period was rapid technological progress. While fragmentation was a step back, technology unambiguously took a step forward. But it triggered a series of changes in the economy and financial markets that created new challenges for central banks.

    Innovation accelerated rapidly in this period, fuelled largely by spillovers from wartime advancements. This surge saw new machinery introduced on a much larger scale than before. Progress was most visible with the internal combustion engine, the assembly line pioneered by Henry Ford, and the electrical network and motor.[10]

    The technological boom drove rapid productivity gains. In Britain, for example, 55 employee weeks were required to produce a car at the Austin Motor Company in 1922, compared with only ten in 1927.[11] For Europe as a whole, the average rate of productivity growth[12] rose to over 2% per year between 1913 and 1929, up from about 1.5% per year between 1890 and 1913.[13]

    Irrational exuberance about technology, however, also fuelled a significant rise in stock market valuations. Research indicates that a 1% increase in a firm’s stock of cited patents corresponded to a 0.26% increase in market value during the 1920s.[14] But central banks lacked a framework for dealing with booms and busts.

    Several central banks tried unsuccessfully to pop stock bubbles[15], and then they took a series of wrong turns when the crash came. The resulting banking crisis and the return to a deflationary stance – which in the United States, for example, appeared justified by the prevailing real bills doctrine – are now widely considered to have played a significant role in exacerbating the Great Depression.[16]

    A key lesson ultimately became clear for governments: central banks needed a new concept of stability. And this concept had to be reflected in their monetary policy strategies.

    As the economic historian Michael D. Bordo observed, in the 1920s central banks tried to focus on both external and internal stability, “but as long as the gold standard prevailed, external goals dominated.”[17]

    The main realisation of the interwar period was that central banks in advanced economies needed to be assigned domestic stability targets first and foremost. But it took another 30 to 40 years to realise that they would do better stabilising inflation rather than fine-tuning output and employment.

    Structural shifts and monetary policy in the 2020s

    Today, we also face some setbacks as the global economy fractures, while seeing strides forward with transformative digital technologies expanding.

    The consequences for monetary policy, however, are different.

    The last few years have been an extreme stress test of inflation targeting across the globe. We have faced not only back-to-back shocks, but also a differing variety and strength of shocks in different places. For example, Europe suffered much more than the United States from high energy prices, while the United States had to contend with the legacies of a stronger stimulus to demand.

    Yet, inflation is converging towards target almost everywhere. And remarkably, disinflation has come – at least so far – at a low cost to employment. As I recently observed, it is rare to avoid a major deterioration in employment when central banks raise rates in response to high energy prices.[18] But employment has risen by 2.8 million people in the euro area since the end of 2022.

    There are two reasons for this greater stability.

    First, decades of inflation targeting have had a deep impact on how people build expectations about future inflation. Indeed, when the inflation goal is stated sufficiently clearly, and monetary policy is credible, inflation expectations will remain anchored, which makes the adjustment process to an inflationary shock less painful.

    Second, over time central banks have recognised that stability should not mean rigidity.

    Indeed, we are better placed to confront structural changes because policy strategies combine three elements: clearly defined inflation targets, flexible policy toolkits to deliver those targets, and analytical frameworks that can assess and respond to changes in the economy, thereby feeding into our reaction functions. We have used all these elements in recent years to ensure that monetary policy maintains price stability without excessive costs to the economy.

    For these reasons, the ongoing transformations will not revolutionise the goals of monetary policy as they did a century ago. But they are likely to have a more profound impact on monetary transmission.

    Setbacks: fragmentation

    Just as one era of globalisation reached a turning point in the aftermath of the First World War, we are now witnessing another wave of globalisation plateauing. The hallmark of this era was the geographical unbundling of production through global value chains (GVCs), which led to a doubling in the value of traded intermediate goods. It now accounts for over half of world trade.[19]

    But the landscape is changing. We are not seeing outright “de-globalisation” in the sense of a reversal in world trade. But we are seeing the structure of GVCs changing in response to a more volatile environment, marked by more frequent supply shocks[20] and a fragmenting geopolitical landscape.[21]

    ECB analysis finds that both the United States and the euro area have recently diversified their supply of imported goods, leading to a larger number of sourcing countries and increasing costs.[22] In the United States, firms appear to be exploring the options of both “nearshoring” production in Canada and Mexico and “reshoring” at home.[23] In Europe, the focus is on “nearshoring” production within the region while still exporting globally.[24]

    These changes have implications for monetary transmission, as they could partially reverse some of the long-term changes in the economy that may weaken transmission.

    First, they could strengthen the link between domestic slack and inflation.

    A key puzzle that central banks faced in the 2010s was that policy easing was transmitted strongly to activity but in a weaker fashion to inflation. One explanation for this disconnect was that the expansion of GVCs reduced the impact of domestic slack on inflation by shifting the focus to global factors.[25] However, if GVCs become shorter or less efficient, domestic slack and inflation may reconnect. This shift could make monetary policy impulses more powerful.

    Second, policy transmission may strengthen as GVC restructuring could potentially boost capital deepening. Inducements for “strategic sectors” to set up closer to home may lead to a resurgence of capital-intensive industries within advanced economies. In the United States, for instance, manufacturing construction spending has doubled since the end of 2021 in response to policies like the Inflation Reduction Act, the Bipartisan Infrastructure Law and the CHIPS and Science Act.[26]

    Such a shift could somewhat attenuate the long-term shift in activity towards services and the observed slowdown in capital deepening over recent decades. In turn, capital deepening could increase the economy’s sensitivity to interest-rate changes, potentially enhancing the effectiveness of monetary transmission through the interest-rate channel.

    By strengthening the transmission mechanism, these shifts could potentially allow central banks to exercise more control over domestic outcomes. But these benefits would be offset if the restructuring of GVCs led to more volatile inflation.

    In a stable global environment, the expansion of GVCs facilitated a virtuous cycle of trade integration and stable inflation, as GVCs buffered the effects of cost-push shocks. Research shows that a 1% increase in input prices resulted in only a 0.44% increase in output prices owing to this buffering effect.[27] But if supply chains were to shorten, it could lead to stronger pass-through of cost shocks.

    Strides forward: technological progress

    Like in the 1920s, setbacks in some areas are being matched by advancements in others. We find ourselves in the midst of a digital revolution that echoes the technological boom of the 1920s.

    Just as that era saw rapid advancements in electricity, automobiles and mass production, our era is witnessing unprecedented growth in digital technologies. In particular, the rapid development of artificial intelligence (AI) looks set to transform a swathe of industries, including the financial sector. And financial technology (fintech) is already having a profound impact on finance.

    In 2022, fintech generated 5% of global banking revenue, totalling USD 150 billion to USD 205 billion. This share is expected to exceed USD 400 billion by 2028, growing at an annual rate of 15%. Banks are also acquiring fintech firms and adopting their technologies to enhance their lending operations.[28]

    By changing the nature of financial intermediation and fostering competition, fintech can significantly strengthen the transmission of monetary policy decisions to the wider economy, influencing interest rates, asset prices, credit conditions and ultimately growth and inflation.

    For example, advanced credit scoring[29] and new sources of credit provided by fintech platforms can reduce lending constraints. By leveraging alternative data sources, which can include over 1,000 data points per loan applicant, fintech using AI and machine learning has outperformed traditional credit scoring models in predicting loss rates, particularly for riskier firms.

    These developments are already expanding access to finance. Fintechs have been found to process mortgage applications around 20% faster than other lenders.[30] The use of data could also alleviate the need for collateral, thereby extending credit to underserved businesses at a lower cost.

    The modern consumer who can quickly check their creditworthiness and secure the best financial deals through their smartphone is no distant fiction. In some ways, it mirrors how the Londoner of the past could effortlessly order global goods from their bed.

    As a result, fintechs’ credit supply tends to be more responsive to changes in borrowers’ business conditions or broader economic conditions[31], contrasting with traditional banks’ emphasis on long-term relationships with borrowers. This responsiveness also means that fintech lending could be more procyclical in times of stress, amplifying credit cycles and volatility.[32]

    But the net benefits for transmission hinge crucially on the effect of digitalisation on market structures.

    Digital markets tend to be “winner-takes-most”, as is visible in the handful of “hyperscalers” that dominate digital platforms and cloud services. For example, just three US “hyperscalers” account for over 65% of the global cloud market. Google commands an outstanding market share of more than 90% among search engines. In e-commerce, business is concentrated among a handful of top players.

    Market power has important effects on policy transmission. IMF research finds that firms with greater market power are less sensitive to changes in interest rates. In the United States, a 100 basis point increase in the policy rate causes a low-markup firm to cut sales by about 2% after four quarters. By contrast, a high-markup firm barely reduces its sales in response to the same policy change.[we start to understand the effects of global fragmentation and digitalisation on monetary transmission, we will have to continuously reassess our analytical frameworks. Just as in previous eras, stability should not mean rigidity.

    Regular strategy reviews provide an opportunity for self-reflection. We published the results of our last strategy review in 2021, which mainly took stock of the low inflation era, and we expect to conclude the 2025 assessment of our strategy in the second half of next year.

    Important elements of the previous review remain valid. In particular, we will maintain the symmetric, medium-term oriented 2% inflation target. But there are two key areas in which we need to develop our framework to be more robust in times of profound change.

    First, we need to reduce as much as possible the uncertainty created by these structural shifts. We can do so by deepening our knowledge and analysis of the ongoing transformations, and how they may affect the shocks we face and the transmission of our policy.

    Second, as uncertainty will nonetheless remain high, we need to manage it better.

    In particular, we should reflect on how our policy framework incorporates risk assessments. While our current three-pronged policy framework provides a useful set of cross checks, the strategy review provides an opportunity to consider how to balance the information from baseline forecasts with real-time information, how to make best use of alternative scenarios, and the importance of the medium-term orientation when faced with different types of shocks.

    The two main strands of our 2025 review will correspond to these goals.

    First, we will look at how the economy has changed in the post-pandemic world, aiming to distinguish as best we can cyclical from structural drivers. As part of this analysis, we will consider how we can improve our analytical framework, including embedding new techniques and sources of data into our forecasts.

    Increasing the use of AI will be an important element. Machine learning will help us, for example, to identify non-linearities in macro forecasting, to use large data sets for event prediction, and to improve inflation nowcasting. These advances may be especially important in relation to near-term forecasting, which is not the strength of traditional macro models.

    Second, we will consider what we can learn from our past experience with too-low and too-high inflation, including for our reaction function. We will look at how our medium-term orientation can be made operational when faced with both upside and downside risks to inflation expectations.

    Conclusion

    Let me conclude.

    History shows that structural shifts matter for monetary policy, even if their effects take time to appear. They affect how monetary policy is transmitted through the economy. And, in the past, they sometimes affected the fundamental goals that monetary policy pursued.

    Today, the goals of monetary policy do not change, because a focus on price stability has been shown to be crucial in times of profound change. But that does not imply that the way in which we conduct monetary policy will remain the same.

    In 1933, the Governor of the Bank of England, Montagu Norman, told his newly appointed economic advisor that “you are not here to tell us what to do, but to explain to us why we have done it.”[36]

    So, let me end by promising you this: we will not take that approach. We will draw on our best analysis, experience and knowledge, so that when change comes, we will be ready.

    MIL OSI Global Banks

  • MIL-OSI Banking: Canada pledges CAD 250,000 to support food, animal and plant health standards

    Source: WTO

    Headline: Canada pledges CAD 250,000 to support food, animal and plant health standards

    WTO Director-General Ngozi Okonjo-Iweala expressed her appreciation for Canada’s generosity. “I thank Canada for its longstanding commitment to the STDF. Canada’s contribution will allow the STDF to advance agricultural innovation, facilitate safe trade, and promote global food security. This support is necessary for fostering inclusive trade and enabling developing countries to actively participate in the global marketplace,” she said.
    The Honourable Lawrence MacAulay, Canada’s Minister of Agriculture and Agri-Food, said: “Canada has a role to play when it comes to supporting efforts to improve food security, reduce poverty, and promote sustainable economic growth around the world. This investment will create opportunities for developing countries to enhance their trading relationships and competitiveness, while supporting a safe and secure global food system.”
    The donation underscores Canada’s long-standing commitment to the STDF’s mission, bringing its total contributions to CHF 7.4 million since 2001.
    Canada has contributed over CHF 15 million to WTO trust funds over the past 22 years.
    The STDF is a global multi-stakeholder partnership that promotes safe and inclusive trade. It was established by the Food and Agriculture Organization of the United Nations (FAO), the World Health Organization (WHO), the World Bank Group, the World Organisation for Animal Health (WOAH), and the WTO, which houses and manages the partnership.
    In support of the United Nations’ Sustainable Development Goals (SDGs), the STDF responds to evolving needs, drives inclusive trade and contributes to sustainable economic growth, food security and poverty reduction.
    Developing economies and least developed countries are encouraged to apply to the STDF for SPS project and project preparation grants. Information on how to apply is available here.
    To date, the STDF has funded over 250 projects benefiting LDCs and other developing economies.

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    MIL OSI Global Banks

  • MIL-OSI Banking: Moot Court competition opens with webinar support on offer for participants

    Source: WTO

    Headline: Moot Court competition opens with webinar support on offer for participants

    The competition is a simulated hearing under the rules of the WTO dispute settlement mechanism involving exchanges of written submissions and oral pleadings before panelists on international trade law issues. The competition is organized by the European Law Students’ Association (ELSA) with the technical support of the WTO.
    The WTO and the Advisory Centre on WTO Law (ACWL) are partnering to support participants interested in this competition by providing a series of webinars titled “Legal Mooting Masterclass”. These webinars will equip teams and their coaches with the information required to navigate the competition successfully.
    The webinars will provide an overview of the competition, useful tools for research on WTO law, and tips on best practices for participating in the competition from experts from the WTO and ACWL. 
    The sessions will be held the first week of October and require prior registration.
    For the complete schedule and to register click here.
    Every year, the John H. Jackson Moot Court Competition provides hundreds of students across the globe an opportunity to address interesting and novel questions of WTO law, and to engage with WTO experts who serve as panelists and sponsors of the competition. Students who participate in the Moot Court Competition often go on to internships, graduate programmes, and careers in international trade law.
    This year’s case, “Alabasta – Certain measures affecting electronic goods and digital services” – is a dispute between the fictitious WTO members Alabasta and Wano involving trade in tablet computers and services via video streaming platforms. It navigates the complex intersection of the domestic regulation of video streaming platforms and anti-competitive practices in the digital economy on the one hand and international trade obligations on the other. By debating whether Alabasta’s actions constitute legitimate state regulation or contravene WTO law, students will gain insight into the evolving landscape of digital trade regulations.

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    MIL OSI Global Banks

  • MIL-OSI USA: Senator Murray Announces $200 Million for Moses Lake’s Group 14 to Help Power America’s Battery Manufacturing Sector, Create 300 Local Jobs

    US Senate News:

    Source: United States Senator for Washington State Patty Murray
    Murray is the Chair of the full Senate Appropriations Committee and the subcommittee that funds the Department of Energy, and has made investments in clean energy and American manufacturing and innovation a top funding priority for the federal government
    ICYMI FROM AUGUST 2023: Senator Murray Discusses New Clean Energy Jobs and Opportunities at Big Bend Community College’s Workforce Training Center in Moses Lake
    WASHINGTON, D.C. — Today, U.S. Senator Patty Murray (D-WA), Chair of the Senate Appropriations Committee and Chair of the Energy & Water Development Appropriations subcommittee, announced $200 million in federal funding to help Moses Lake’s Group 14 build a new facility to produce silane. Silane gas is critical for the development and manufacturing of new energy storage devices and advanced batteries. The proposed facility would produce silane in Moses Lake at a significantly reduced capital and energy requirement from the conventional process and be capable of directly feeding silane to multiple silicon anode powder manufacturers via pipeline or container, alleviating a critical bottleneck for the industry.
    “For America to continue building a stronger, cleaner economy and leading the world in new technologies, we have to strengthen our supply chains and invest in bringing the industries that are powering the future to states like Washington—and that’s exactly what this funding from our Bipartisan Infrastructure Law will do,” said Senator Murray. “This investment isn’t just bringing hundreds of millions of dollars to Moses Lake, it is bringing hundreds of jobs to Moses Lake and helping our country ramp up production of a key resource that is necessary to make batteries. The new Group14 facility in Washington state will reduce America’s dependence on countries like China for silane gas and provide a crucial foundation to build even more domestic manufacturing of other products for years to come. We are building a stronger clean energy economy while creating good-paying union jobs in our rural communities—this is a win for Moses Lake, for union workers, our future, and our entire economy.”
    By manufacturing and delivering large commercial volumes of transformational silicon-based anode material named SCC55 , Group14 is seeking to support the global transition from fossil fuels to a green energy future with a net zero-carbon economy.
    However, manufacturing large commercial volumes of silicon-based anode materials in the U.S. requires commensurately large-scale commercial access to silane gas. The objective of this project is to install, commission, and operate a U.S.-based silane manufacturing plant.
    While the largest source of silane today is China, Group14 and other silicon battery companies must strategically source this critical raw material domestically to support EV-scale battery production and reduce foreign battery supply chain dependence. Approximately 80% of the largest available source of silane produced in the U.S. is controlled by a single company and earmarked for solar polysilicon. Additional domestic silane capacity is required to develop the silicon battery industry.
    The proposed project will create more than 300 jobs to construct the plant and retain 150 employees to commission, ramp up, and sustain production. Group14 will be meeting quarterly with the Washington Building Trades to collaborate on ensuring there is a skilled workforce to complete the project on time and on budget. In addition, Group14 will use its Project Advisory Council and Youth Advisory Council for local residents to provide feedback on the project and address issues early on in the project. Group14 anticipates that it will provide funding to help support workforce development in the local community.
    As Appropriations Chair, Senator Murray is supporting key investments to ensure the federal government can deliver grants and loans to develop a diversified portfolio of projects that help deliver a durable and secure battery manufacturing supply chain for the American people. In the Fiscal Year 2025 Senate energy bill Murray authored and passed out of committee, she secured $17.74 billion for the Department of Energy’s non-defense programs, a $296 million increase over Fiscal Year 2024. That funding includes key investments to boost renewable energy and strengthen our energy grid. Murray is currently working to pass this bill into law before the end of the year.
    Murray visited Moses Lake just last year to tour Big Bend Community College’s Workforce Training Center and hold a roundtable discussion on how new clean energy investments are bringing career opportunities to communities like Moses Lake while helping tackle the climate crisis. Murray’s visit came shortly after Group14 broke ground on their battery materials manufacturing facility in Moses Lake—with a boost from climate incentives Murray secured in Bipartisan Infrastructure Law.

    MIL OSI USA News

  • MIL-OSI USA: Former Government Official Arrested for Acting as Unregistered Agent of South Korean Government

    Source: US State of California

    Sue Mi Terry Provided South Korean Intelligence Officers Access, Information and Advocacy in Exchange for Luxury Goods and Funding

    Note: View the indictment here.

    Sue Mi Terry, 54, of New York, New York, was arrested yesterday and presented on criminal charges related to offenses under the Foreign Agents Registration Act (FARA).

    According to court documents, after leaving U.S. government service and for more than a decade, Terry worked as an agent of the government of the Republic of Korea (ROK), commonly known as South Korea, without registering as a foreign agent with the Attorney General, as required by law. As covertly directed by ROK government officials, Terry publicly advocated ROK policy positions, disclosed non-public U.S. government information to ROK intelligence officers and enabled ROK officials to gain access to U.S. government officials. In exchange for these actions, ROK intelligence officers provided Terry with luxury goods, expensive dinners and more than $37,000 in funding for a public policy program focusing on Korean affairs that Terry controlled.

    From in or about 2001 to in or about 2011, Terry served in a series of positions in the U.S. government, including as an analyst on East Asian issues for the Central Intelligence Agency, as the Director for Korea, Japan and Oceanic Affairs for the White House National Security Council and as the Deputy National Intelligence Officer for East Asia at the National Intelligence Council. Since leaving government service in or about 2011, Terry has worked at academic institutions and think tanks in New York City and Washington, D.C. Terry has made media appearances, published articles and hosted conferences as a policy expert specializing in, among other things, South Korea, North Korea and various regional issues impacting Asia. Terry has also testified before Congress on at least three occasions regarding the U.S. government’s policy toward Korea.

    As she admitted in a voluntary interview with the FBI in 2023, Terry served as a valuable “source” of information for the ROK National Intelligence Service (ROK NIS), the primary intelligence agency for the ROK. For example, in or about June 2022, Terry participated in a private, off-the-record group meeting with a U.S. Secretary level official regarding the U.S. Government’s policy toward North Korea. Immediately after the meeting, Terry’s primary ROK NIS point of contact, or handler, picked up Terry in a car with ROK Embassy diplomatic plates. While in the car, Terry passed her handler detailed handwritten notes of her meeting, which were written on the letterhead of a think tank where Terry had recently worked. Terry’s handler then photographed the notes while still sitting in the car with Terry.

    Weeks later, at the request of her ROK NIS handler, Terry hosted a happy hour for Congressional staff. Although the happy hour was ostensibly on behalf of the think tank where Terry worked, the ROK NIS paid for it with Terry’s knowledge. Terry’s handler attended the event and posed as a diplomat, mingling with Congressional staff without disclosing that he was, in fact, an ROK intelligence officer. 

    ROK government rewarded Terry for her services. For example, Terry’s ROK NIS handlers gifted her a $2,950 Bottega Veneta handbag and a $3,450 Louis Vuitton handbag, both of which Terry selected during shopping trips with her handlers. One of Terry’s ROK NIS handlers also gifted her a $2,845 Dolce & Gabbana coat. In addition to luxury goods, Terry’s ROK NIS handlers provided her expensive meals, including at Michelin-starred restaurants. Terry’s ROK NIS handlers also deposited approximately $37,000 into an unrestricted “gift” account that Terry controlled at the think tank where she worked. In addition, ROK government officials paid Terry to write articles in both the U.S. and Korean press conveying positions and phrases dictated by the ROK government.

    Terry is charged with one count of conspiracy to violate FARA and one count of failure to register under FARA. If convicted, she faces a maximum penalty of 10 years in prison. If convicted, a federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Assistant Attorney General Matthew G. Olsen of the Justice Department’s National Security Division, U.S. Attorney Damian Williams for the Southern District of New York and Executive Assistant Director Robert R. Wells of the FBI’s National Security Branch made the announcement. 

    The FBI’s Counterintelligence Division and New York Field Office are investigating the case with assistance from the FBI Washington Field Office.

    Assistant U.S. Attorneys Kyle A. Wirshba, Alexander Li and Sam Adelsberg for the Southern District of New York are prosecuting the case, with assistance from Trial Attorney Christopher M. Rigali of the National Security Division’s Counterintelligence and Export Control Section.

    A criminal complaint is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

    MIL OSI USA News

  • MIL-OSI USA: CFTC Staff Extends Temporary No-Action Letter Regarding Capital and Financial Reporting for Certain Non-U.S. Nonbank Swap Dealers Domiciled in the EU and the UK

    Source: US Commodity Futures Trading Commission

    WASHINGTON, D.C. — The Commodity Futures Trading Commission’s Market Participants Division (MPD) today announced it issued a temporary no-action letter extending CFTC Staff Letters No. 21-20 and 22-10 to certain nonbank swap dealers (SDs) domiciled in the European Union (EU) and the United Kingdom (UK) that are the subject of pending CFTC reviews for comparability determinations regarding capital and financial reporting requirements. 

    As part of the capital and financial reporting requirements for nonbank SDs, the CFTC adopted a substituted compliance framework that permits certain nonbank SDs to rely on compliance with home-country capital and financial reporting requirements in lieu of meeting all or parts of the CFTC’s capital adequacy and financial reporting requirements, provided the CFTC finds the home-country requirements comparable to the CFTC’s requirements. 

    Through CFTC Staff Letter No. 24-13, issued today, MPD is extending a no-action position to eligible nonbank SDs domiciled in the EU and the UK that are not covered by existing CFTC orders addressing capital and financial reporting requirements. The no-action position is conditioned upon the nonbank SDs remaining in compliance with applicable home-country capital and financial reporting requirements and submitting certain financial reporting information to the CFTC.   

    The no-action position will expire by December 31, 2026 or the effective date of any final CFTC action addressing the comparability of capital and financial reporting requirements applicable to the relevant nonbank SDs. 

    MIL OSI USA News

  • MIL-OSI USA: Hoeven Meets with General Brown, Chairman of Joint Chiefs of Staff on Updating U.S. Forces

    US Senate News:

    Source: United States Senator for North Dakota John Hoeven
    09.20.24
    Leaders Discuss Importance of Nuclear Modernization & New UAS Technologies in Protecting the Nation
    WASHINGTON – Senator John Hoeven this week met with Chairman of the Joint Chiefs of Staff General Charles Brown on supporting Israel and Ukraine, and the importance of updating U.S. forces and developing new capabilities to ensure the U.S. has the tools and resources necessary to keep the nation safe. Hoeven stressed the role of nuclear modernization and developing new unmanned aerial systems (UAS) technologies in deterring threats and protecting the nation, including:
    Utilizing Project Ultra and new technologies being developed and tested at Grand Forks Air Force Base and Grand Sky to advance U.S. drone capabilities. As the Air Force works to develop drone and counter drone capability, the senator highlighted the infrastructure in place in North Dakota to efficiently advance these drone programs.
    The need to concurrently upgrade U.S. nuclear forces as a way of providing the most timely and cost-effective deterrent. Minot Air Force Base houses two of the three legs of the nuclear triad and Hoeven has worked to secure funding to keep nuclear modernization efforts on track. 
                “I had a great conversation with the Chairman of the Joint Chiefs of Staff, General Brown,” said Hoeven. We discussed what’s happening in Ukraine and Israel, as well as the need for DoD to have the necessary flexibility to develop new systems to strengthen national security and defend against our adversaries. Our discussion focused on how we can update and upgrade our armed forces here in the United States. Both Minot Air Force Base and Grand Forks Air Force Base are playing a key role in that effort.”

    MIL OSI USA News

  • MIL-OSI USA: Carter statement on FTC suing PBMs over high insulin prices

    Source: United States House of Representatives – Congressman Earl L Buddy Carter (GA-01)

    Headline: Carter statement on FTC suing PBMs over high insulin prices

    WASHINGTON, D.C. – Rep. Earl L. “Buddy” Carter (R-GA), a pharmacist by trade, issued the following statement after the Federal Trade Commission (FTC) today sued the nation’s largest pharmacy benefit managers (PBMs) – Optum Rx, Caremark, and Express Scripts – and their respective group purchasing organizations for spiking insulin prices, imperiling the health of over 8 million Americans:

    “PBMs are finally facing accountability after decades of stealing lives and hope from patients. In the early years of my pharmacy practice, insulin was affordable; now, the price is up 1,200% for some patients, forcing them to choose between paying for life-saving treatment and paying for gas, groceries, and other basic necessities. During this time, profits for Optum RX, Express Scripts, and Caremark have soared. What PBMs are doing to all patients, especially those who rely on insulin, is criminal. I applaud FTC Chair Lina Khan for taking this critical step and sending a message that PBMs’ days of abusing patients are coming to an end. It is time to bust this monopoly up for good.”

    Rep. Carter is a nationwide leader on health care reform, championing legislation to rein in PBMs including:

    • Drug Price Transparency in Medicaid Act, a bill that bans the use of spread pricing in Medicaid and ensures that pharmacists are fairly and adequately reimbursed for serving Medicaid patients.
    • PBM Accountability Act, a bill adding transparency to the drug supply chain by raising reporting requirements for PBMs.
    • Protecting Patients Against PBM Abuses Act, a bill delinking PBM compensation from drug prices and limiting PBM income to a flat-dollar fee, taking away incentives to steer patients towards higher-cost drugs.

    Read more about PBM abuses here.


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    MIL OSI USA News

  • MIL-OSI USA: Specially Designated Global Terrorist Mohammad Bazzi Pleads Guilty to Sanctions Evasion

    Source: US State of North Dakota

    Lebanese national Mohammad Ibrahim Bazzi, 60, pleaded guilty today to conspiracy to conduct and to cause U.S. persons to conduct unlawful transactions with a Specially Designated Global Terrorist.

    In May 2018, the Department of the Treasury, Office of Foreign Assets Control (OFAC) designated Bazzi as a Specially Designated Global Terrorist for assisting in, sponsoring and providing financial, material and technological support and financial services to Hizballah. Hizballah is a foreign terrorist organization that, since the 1980s, engaged in numerous terrorist activities, including attacks against American military members, government employees and civilians abroad.

    According to the OFAC designation, Bazzi is a key Hizballah financier who has provided millions of dollars to Hizballah over the years, generated from his business activities in Belgium, Lebanon, Iraq and throughout West Africa. As a result of the designation, Bazzi’s interest in any property in the United States were blocked, and all U.S. persons were generally prohibited from transacting business with, or for the benefit of, Bazzi.

    Following Bazzi’s designation and according to the court documents, Bazzi and his co-defendant, Talal Chanine, who remains at large in Lebanon, conspired to force or induce an individual located in the United States (U.S. Person) to liquidate their interests in certain real estate assets located in Michigan and covertly transfer hundreds of thousands of dollars in proceeds of the liquidation out of the United States to Bazzi and Chahine in Lebanon without the required OFAC licenses, in violation of the International Emergency Economic Powers Act (IEEPA).

    During recorded communications, Bazzi and Chahine proposed numerous methods to conceal from OFAC and law enforcement officials that Bazzi was both the source and destination of the proceeds of the sale and to create the false appearance that the U.S. Person was conducting legitimate arms-length transactions unrelated to Bazzi and Chahine. For example, Bazzi and Chahine proposed that the funds be transferred through:

    • A third party in China as part of a fictitious purchase of restaurant equipment from a Chinese manufacturer;
    • A third party in Lebanon as part of a fictitious real estate purchase;
    • Chahine’s family members in Kuwait as part of fictitious intra-family loans; and
    • As part of a fictitious franchising agreement as payment for the rights to operate a Lebanese-based restaurant chain throughout the United States.

    Bazzi was arrested in February 2023 by Romanian law enforcement authorities and subsequently extradited to the Eastern District of New York. The Justice Department thanks the Romanian authorities for their assistance in this matter.

    A sentencing hearing will be scheduled at a later date. Bazzi faces a maximum penalty of 20 years in prison. He has also agreed to forfeit the nearly $830,000 that was involved in the illegal transaction, and to be removed from the United States upon completion of his sentence. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

    Assistant Attorney General Matthew G. Olsen of the National Security Division, U.S. Attorney Breon Peace for the Eastern District of New York and Executive Assistant Director Robert Wells of the FBI’s National Security Branch made the announcement.

    Assistant U.S. Attorneys Francisco J. Navarro, Jonathan P. Lax, Nomi D. Berenson, Claire Kedeshian and Robert M. Pollack for the Eastern District of New York are prosecuting the case with assistance provided by Trial Attorney Charles Kovats of the National Security Division’s Counterterrorism Section and Scott Claffee of the National Security Division’s Counterintelligence and Export Section. The Justice Department’s Office of International Affairs assisted with the extradition in this case.

    This effort is part of an Organized Crime Drug Enforcement Task Forces (OCDETF) operation. OCDETF identifies, disrupts and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at www.justice.gov/OCDETF.

    MIL OSI USA News

  • MIL-OSI Asia-Pac: Commerce and Industry Minister Shri Piyush Goyal co-chairs 21st ASEAN-India Economic Ministers meeting in Lao PDR

    Source: Government of India (2)

    Posted On: 20 SEP 2024 9:25PM by PIB Delhi

    Shri Piyush Goyal, Commerce and Industry Minister during the 1st day of his visit to Vientiane, Lao PDR co-chaired the 21st ASEAN-India Economic Ministers (AEM-India) meeting alongwith H.E. Malaithong Kommasith, Minister of Industry and Commerce of Lao PDR. The Economic Ministers or their representatives from all the 10 ASEAN countries viz. Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand and Vietnam participated in the meeting. Democratic Republic of Timor-Leste joined the Meeting as an observer.

    The Ministers reviewed the trade and investment relations between India and ASEAN and reaffirmed their commitment to further strengthen the relations. India and ASEAN registered a bilateral trade of USD 120.9 billion in 2023-24 with ASEAN accounting for 10.9% of India’s global trade.

    The Ministers in particular took note of the progress in negotiations for the review of ASEAN-India Trade in Goods Agreement (AITIGA). Minister Goyal in his intervention stressed on the need for addressing injury to industries from the existing FTA and the inequitable tariff liberalisation during the review. He also cited India’s ongoing efforts of integrating with other economies through FTAs and highlighted the urgency in upgrading AITIGA which otherwise may lead to diversion of bilateral trade to other regions.

    The Ministers reiterated the commitment to ensure that the outcome of the review should be mutually beneficial and commercially meaningful and will make the AITIGA more effective, user-friendly, simple, and trade facilitative for businesses. The Ministers encouraged the AITIGA Joint Committee to expedite the negotiations to conclude the review in 2025. 

    The review of the AITIGA is a long-standing demand of Indian industry and India is looking forward to an upgraded AITIGA which will address the current asymmetries in bilateral trade and will make trade more balanced and sustainable.

    Minister Goyal reiterated India’s request for setting up of Joint Committees under the two separate Agreements on Services and Investment, signed in 2014, to review the implementation of these Agreements.

    On the sidelines of AEM-India meeting, Minister Goyal had a productive bilateral meeting with Mrs. Helene Budliger Artieda, Secretary for Economic Affairs, Switzerland. Both sides discussed the progress in ratification of India-EFTA Trade and Economic Partnership Agreement signed on 10th March 2024 and discussed the way forward in facilitating US$100 billion FDI commitment by the EFTA States under the FTA.

    Minister Goyal also interacted with the FICCI led industry delegation from India which was visiting Vientiane, Laos to brief the ASEAN-India Economic Ministers on the activities of ASEAN-India Business Council (AIBC). FICCI serves as the AIBC Secretariat from the Indian side. The delegation from AIBC ASEAN also met Minister Goyal separately. Industry from both sides briefed the Minister on their perspective of bilateral trade and their expectations from review of AITIGA.

     

     ***

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  • MIL-OSI Asia-Pac: Empowering exporters and streamlining processes main focus of Department of Commerce in first 100 days of government

    Source: Government of India (2)

    Posted On: 20 SEP 2024 4:54PM by PIB Delhi

    The Department of Commerce (DoC) has focused on empowering exporters, streamlining processes, and promoting economic growth through innovative solutions during the first 100 days of this Government. These achievements underscore the. Below are some of the key highlights:

    1. Empowering Exporters through Trade Connect e-Platform
    The launch of a comprehensive Trade Connect e-Platform has connected over 6 lakh IEC holders, 185 Indian Mission officials, and over 600 Export Promotion Council members with Directorate General of Foreign Trade (DGFT)/DoC offices and banks. This digital initiative enhances the ease of doing business for small and medium enterprises (SMEs) by providing them with information and guidance, fostering a more seamless and transparent export ecosystem.

    2. Enhanced Insurance Cover for MSME Exporters
    To boost exports, the government has introduced enhanced insurance cover for MSME exporters, which is expected to provide credit worth ₹20,000 crore at lower costs. This initiative will make Indian exports more competitive, benefitting around 10,000 exporters.

    3. Reducing Compliance Burden through Self-Certified Electronic Bank Realisation Certificate (eBRC) system
    The introduction of a self-certified electronic Bank Realisation Certificate system has significantly reduced compliance costs for exporters. Previously costing between ₹500-₹1,500 per eBRC, this system now saves exporters over ₹125 crore and simplifies the process for claiming benefits and refunds. This paperless system also aligns with the government’s broader goals of promoting a digital, eco-friendly economy, cutting down  both administrative and environmental expenses.

    The bulk generation and Application Programming Interface (API) integration of eBRCs significantly reduce time and effort, streamlining the process for exporters and stakeholders. This system is particularly beneficial for small exporters, especially in e-commerce, as it efficiently handles high-volume, low-cost transactions. As a result, it enables them to claim benefits and refunds more effectively, supporting their growth and participation in international trade.

    4. Connecting SME Exporters to the World through E-Commerce Export Hub (ECEH)
    The launch of the E-Commerce Export Hub (ECEH) is poised to revolutionize India’s cross-border e-commerce ecosystem, with projections indicating a potential export value of USD 100 billion by 2030. ECEHs will provide artisans, SMEs, and One District One Product (ODOP) producers easy access to global markets, reduce costs and simplify logistics.

    These hubs will boost employment opportunities in transport, warehousing, and quality assurance. Linking Tier 2 and Tier 3 cities, as well as rural areas, with the global marketplace ECEH will play a significant role in driving the digital transformation of these regions. This connection will enable smaller cities to access broader opportunities in international trade, fostering economic growth and inclusion.

    5. Reducing Transaction Costs for MSMEs on GeM Portal

    To promote greater MSME participation in the Government e-Marketplace (GeM), the number of pricing slabs has been reduced, making it easier for vendors to understand and comply with. New cap on charges ensures greater affordability for high-value transactions as Orders above ₹10 Crore will now pay a flat fee of ₹3 Lakh, a massive reduction from the transaction charges previously capped at ₹72.5 lakh.

     

    6. Bharat Mart in Dubai

    In a groundbreaking initiative, the Department of Commerce has facilitated the establishment of Bharat Mart in Dubai. This hub will provide Indian MSMEs cost-efficient access to the Gulf Cooperation Council (GCC), African, and CIS markets, thereby boosting India’s exports to these regions.

    7. Eliminating Human Interface through Jansunwai

    The government has further enhanced ease of doing business by launching Jansunwai, a platform that facilitates smooth communication eliminating intermediaries and providing direct communication between stakeholders and the Department. This fosters transparency and saves businesses time and effort, reducing the need for physical office visits.

    8. Strengthening the Organic Regulatory Ecosystem

    A revamped National Programme of Organic Production (NPOP) is set to benefit approximately 20 lakh farmers from 5,000 grower groups through enhanced export opportunities. With a focus on improving certification standards, organic exports are expected to surpass USD 1 billion by 2025-26.

    9. Pradhan Mantri Cha Shramik Protsahan Yojana (PMCSPY)

    Under this initiative, more than 10 lakh workers across 1,210 tea gardens in Assam and West Bengal will have access to better healthcare, education, and resting shed facilities. This marks a major step toward improving the quality of life for tea garden workers and their families.

    10. Rollout of ICEGATE Across All Non-IT/ITES SEZs

    The ICEGATE portal has been expanded to cover all non-IT/ITES SEZ units, enabling them to apply for benefits under the Remission of Duties and Taxes on Exported Products (RoDTEP) Scheme. This move enhances ease of doing business, offering 24×7 helpdesk support to SEZ units and ensuring more seamless trading operations.

    These transformative initiatives reaffirm the government’s commitment to expanding India’s global trade footprint while ensuring the development and welfare of its people. With the continued efforts of the Department of Commerce, India is well on its way to becoming a global economic powerhouse by 2047.

     ***

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  • MIL-OSI: Longevity Biomedical, Inc. and FutureTech II Acquisition Corp. Announce Business Combination to Create Nasdaq-Listed Biopharmaceutical Company Focused on Advancing New Technologies to Promote Human Health and Longevity

    Source: GlobeNewswire (MIL-OSI)

      Longevity Biomedical, Inc. is focused on developing and acquiring new technologies spanning therapeutics, health monitoring and digital health solutions to become a leading provider of longevity-related products and services designed to increase the health span for the rapidly growing global aging population.
         
      Late-stage, diversified pipeline of therapeutic candidates across ophthalmology, cardiovascular disease and soft tissue reconstruction and repair.
         
      Near-term clinical milestones include Phase 3 start for LBI-201 for Ischemic stroke, Phase 2 data for LBI-101 for soft-tissue reconstruction, and Phase 2 start for LBI-001 in retinal vein occlusion.
         
      Seasoned management team of medtech and biopharmaceutical veterans with track record of acquiring, developing, and commercializing novel technologies.
         
      Post-combination company to list on Nasdaq under ticker symbol “LBIO.”
         
      Business combination expected to close in Q4 2024.
         

    New York, Sept. 20, 2024 (GLOBE NEWSWIRE) — Longevity Biomedical, Inc. (“Longevity” or “Longevity Biomedical”), a biopharmaceutical company focused on advancing new technologies across therapeutics, health monitoring, and digital health solutions to increase human health span, and FutureTech II Acquisition Corp. (“FutureTech”) (NASDAQ: FTII), a publicly traded special purpose acquisition company (“SPAC”), announced today that they have entered into a definitive business combination agreement (the “BCA”) on September 16, 2024. Upon the closing of the transaction pursuant to the BCA, the combined company (the “Combined Company”) will operate as Longevity Biomedical, Inc. and is expected to list on Nasdaq under the ticker symbol “LBIO.”

    Despite the rapid pace of the global population aging, Longevity Biomedical believes the current market for longevity-related products and services is fragmented and that, particularly as it relates to low- and middle-income countries, it is difficult for healthcare consumers to find and purchase the products, technologies and services to address their individual aging needs. To address this unmet need, Longevity Biomedical aims to become a consolidator and leading provider of advanced therapeutic, health monitoring and digital health technologies designed to restore tissue form and function and increase health span for the rapidly growing aging population. To achieve this goal, Longevity intends to build on its existing platform of diversified, late-stage technologies by leveraging its seasoned executive team to continue acquiring first-in-class technologies, products and services that address the growing market of age-related diseases and conditions. Longevity has established an existing pipeline of late-stage, diversified therapeutic candidates addressing cardiovascular disease, ophthalmology and soft tissue reconstruction and repair through the proposed acquisitions of the following technologies:

      LBI-201 is a non-invasive ultrasonic device being investigated for treatment of ischemic stroke, the second leading cause of death worldwide. It is designed for rapid, convenient delivery of transcranial ultrasound in combination with conventional thrombolytic drug therapy to increase restoration of blood flow in stroke patients with large vessel occlusions that do not have immediate access to thrombectomy facilities and services. Previous clinical studies have demonstrated a nearly two-fold increase in complete vessel recanalization compared to thrombolytic drug therapy alone.
         
      LBI-001 combines intravenous administration of microspheres with non-invasive ultrasound as a potential treatment of retinal vein occlusion, one of the most common causes of retinal blindness worldwide. LBI-001 Phase 1 clinical results provided favorable safety data and demonstrated improvements in key visual measurements.
         
      LBI-101 is an off-the-shelf allogenic tissue biomaterial that has completed enrollment in a Phase 2 clinical study for permanent reconstruction of soft tissue affected by aging, traumatic injuries, and surgical procedures. The injectable application is designed to stimulate tissue repair and regeneration. Clinical studies of LBI-101 have demonstrated initial safety, biocompatibility, and new tissue formation without scarring typically associated with injections.
         

    In addition to these clinical stage technologies, Longevity will have, upon the closing of the transactions contemplated by the C&E Agreements {described below}, a pipeline of preclinical stage indications across its initial therapeutic areas of focus. Longevity also plans to seek to acquire additional cutting-edge health technologies in the areas of health monitoring and digital health solutions.

    “Longevity Biomedical is dedicated to advancing science-driven solutions to improve human health. This business combination will provide the platform to advance cutting-edge technologies spanning multiple areas of unmet medical need for the aging population,” said Bradford A. Zakes, Chief Executive Officer of Longevity Biomedical. “The proceeds from this transaction will allow Longevity to reach significant clinical development milestones for our leading technologies that have demonstrated successful results in clinical studies. In addition, Longevity will retain an opportunistic, visionary approach to future health advancements in the areas of health monitoring and digital health solutions.”

    “Longevity is known for developing therapeutic solutions and digital health technologies that are focused on addressing unmet medical needs particularly focused on the aging population,” said Mr. Ray Chen, Chief Executive Officer of FutureTech. “FutureTech is excited to partner with Longevity’s experienced leadership team to accelerate its clinical development pipeline to expand its impact in the healthcare industry.”

    Transaction Overview

    The estimated cash proceeds available to the Combined Company from the transaction consists of FutureTech’s $26.8 million of cash held in trust. The proceeds will be used to achieve key development milestones related to Longevity’s clinical stage assets.

    The Combined Company may seek a pre-transaction PIPE that is expected to close concurrently with the closing of the transaction.

    Longevity has entered into Contribution and Exchange Agreements (collectively and as amended, the “C&E Agreements”) with each of Cerevast Medical, Inc., a Delaware corporation, and Aegeria Soft Tissue, LLC, a Delaware limited liability company (collectively, the “Targets”), pursuant to which, immediately prior to the closing of the proposed transaction between Longevity and FutureTech under the BCA, Longevity will acquire all of the issued and outstanding equity securities of each of the Targets from the current equity holders in exchange for shares of common stock of Longevity. The Targets are developing the therapeutic candidates across ophthalmology, cardiovascular disease and soft tissue reconstruction and repair as described above. As a result of the transactions contemplated by the C&E Agreements, each of the Targets will be a wholly-owned, indirect subsidiary of the Combined Company upon the closing of the transactions contemplated by the BCA. 

    The existing stockholder of Longevity and the board of directors of each of FutureTech and Longevity unanimously approved the transaction, which is expected to close in Q4 2024. The transaction will require the approval of the stockholders of FutureTech and Longevity and is subject to other customary closing conditions including the receipt of certain SEC regulatory approvals.

    Additional information about the proposed transaction, including a copy of the BCA, will be provided in a Current Report on Form 8-K to be filed by FutureTech with the SEC and available at www.sec.gov.

    Advisors

    Moses & Singer LLP is acting as legal advisor to FutureTech. Nelson Mullins Riley & Scarborough LLP is acting as legal advisor to Longevity.

    About Longevity

    Longevity Biomedical is a biopharmaceutical company focused on advancing technologies across therapeutics, health monitoring and digital health solutions to restore tissue form and function in order to increase and improve health span. Longevity’s mission is to become a consolidator and a leading provider of products and services designed to help people live longer, healthier lives. Longevity is acquiring a differentiated therapeutic pipeline of late-stage clinical technologies across ophthalmology, cardiovascular disease and soft tissue reconstruction and repair. Building on this platform, Longevity intends to acquire and/or partner with other health technology companies to become a leading provider of products and services designed to increase and improve health span amongst the rapidly growing aging patient population. Longevity is led by a team of industry experts and scientific advisors with significant experience acquiring, developing and commercializing cutting-edge health technologies. Longevity is headquartered in Bothell, Washington.

    About FutureTech

    FutureTech Capital Acquisition Corp. is a blank check company incorporated as a Delaware corporation for the purpose of effecting a business combination, share exchange, asset acquisition, share purchase, reorganization, or similar business combination with one or more businesses or entities.

    Additional Information and Where to Find It

    Forward-Looking Statements

    This press release contains forward-looking statements within the meaning of Section 27A of the U.S. Securities Act of 1933, as amended (the “Securities Act”), and Section 21E of the U.S. Securities Exchange Act of 1934 (“Exchange Act”) that are based on beliefs and assumptions and on information currently available to FutureTech and Longevity. In some cases, you can identify forward-looking statements by the following words: “may,” “will,” “could,” “would,” “should,” “expect,” “intend,” “plan,” “anticipate,” “believe,” “estimate,” “predict,” “project,” “potential,” “continue,” “ongoing,” “target,” “seek” or the negative or plural of these words, or other similar expressions that are predictions or indicate future events or prospects, although not all forward-looking statements contain these words. Any statements that refer to expectations, projections or other characterizations of future events or circumstances, including projections of market opportunity and market share, the capability of Longevity’s business plans and the Combined Company’s business plans including their plans to expand, the sources and uses of cash from the proposed transaction, the anticipated enterprise value of the Combined Company following the consummation of the proposed transaction, any benefits of Longevity’s partnerships, strategies or plans as they relate to the proposed transaction, anticipated benefits of the proposed transaction and expectations related to the terms and timing of the proposed transaction are also forward-looking statements. These statements involve risks, uncertainties and other factors that may cause actual results, levels of activity, performance or achievements to be materially different from those expressed or implied by these forward-looking statements. Although each of FutureTech and Longevity believes that it has a reasonable basis for each forward-looking statement contained in this communication, each of FutureTech and Longevity caution you that these statements are based on a combination of facts and factors currently known and projections of the future, which are inherently uncertain. In addition, there will be risks and uncertainties described in the proxy statement/prospectus included in the registration statement on Form S-4 relating to the proposed transaction, which is expected to be filed by FutureTech with the SEC, and described in other documents filed by FutureTech or Longevity from time to time with the SEC. These filings may identify and address other important risks and uncertainties that could cause actual events and results to differ materially from those contained in the forward-looking statements. Neither FutureTech nor Longevity can assure you that the forward-looking statements in this communication will prove to be accurate. These forward-looking statements are subject to a number of risks and uncertainties, including, among others, the ability to complete the business combination due to the failure to obtain approval from FutureTech’s stockholders or satisfy other closing conditions in the BCA, the occurrence of any event that could give rise to the termination of the BCA, the ability to recognize the anticipated benefits of the business combination, the amount of redemption requests made by FutureTech’s public stockholders, costs related to the transaction, the risk that the transaction disrupts current plans and operations as a result of the announcement and consummation of the transaction, the outcome of any potential litigation, government or regulatory proceedings and other risks and uncertainties, including those to be included under the heading “Risk Factors” in the final prospectus for FutureTech’s initial public offering filed with the SEC on February 14, 2022 and in its subsequent quarterly reports on Form 10-Q and other filings with the SEC. There may be additional risks that neither FutureTech nor Longevity currently know or that FutureTech and Longevity currently believe are immaterial that could also cause actual results to differ from those contained in the forward-looking statements. In light of the significant uncertainties in these forward-looking statements, you should not regard these statements as a representation or warranty by FutureTech, Longevity, their respective directors, officers or employees or any other person that FutureTech and Longevity will achieve their objectives and plans in any specified time frame, or at all. The forward-looking statements in this press release represent the views of FutureTech and Longevity as of the date of this communication. Subsequent events and developments may cause those views to change. However, while FutureTech and Longevity may update these forward-looking statements in the future, there is no current intention to do so, except to the extent required by applicable law. You should, therefore, not rely on these forward-looking statements as representing the views of FutureTech or Longevity as of any date subsequent to the date of this communication.

    No Offer or Solicitation

    This press release is not a proxy statement or solicitation of a proxy, consent or authorization with respect to any securities or in respect of the potential transaction and does not constitute an offer to sell or a solicitation of an offer to buy any securities of FutureTech or Longevity, nor shall there be any sale of any such securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of such state or jurisdiction. No offer of securities shall be made except by means of a prospectus meeting the requirements of the Securities Act.

    Important Additional Information Regarding the Transaction Will Be Filed With the SEC

    In connection with the proposed business combination, a registration statement on Form S-4 is expected to be filed with the SEC containing a preliminary proxy statement and a preliminary prospectus, and after the registration statement is declared effective, FutureTech will mail a definitive proxy statement/prospectus relating to the proposed business combination to its stockholders and Longevity’s stockholders. This press release does not contain all the information that should be considered concerning the proposed business combination and is not intended to form the basis of any investment decision or any other decision in respect of the business combination. FutureTech’s stockholders and other interested persons are advised to read, when available, the preliminary proxy statement/prospectus and the amendments thereto and the definitive proxy statement/prospectus and other documents filed in connection with the proposed business combination, as these materials will contain important information about Longevity, FutureTech and the proposed business combination. When available, the definitive proxy statement/prospectus and other relevant materials for the proposed business combination will be mailed to stockholders of FutureTech as of a record date to be established for voting on the proposed business combination. Such stockholders will also be able to obtain copies of the preliminary proxy statement/prospectus, the definitive proxy statement/prospectus and other documents filed with the SEC, without charge, once available, at the SEC’s website at www.sec.gov, or by directing a request to FutureTech II Acquisition Corp., 128 Gail Drive, New Rochelle, New York 10085, telephone number (914) 316-4805, Attention: Ray Chen, President and Chief Executive Officer.

    Participants in the Solicitation

    FutureTech and Longevity and their respective directors, executive officers, other members of management, and employees, under SEC rules, may be deemed to be participants in the solicitation of proxies of FutureTech’s stockholders in connection with the proposed transaction. Information regarding the persons who may, under SEC rules, be deemed participants in the solicitation of FutureTech’s stockholders in connection with the proposed business combination will be set forth in a registration statement on Form S-4, including a proxy statement/prospectus, when it is filed with the SEC.

    Investors and security holders may obtain more detailed information regarding the names and interests in the proposed transaction of FutureTech’s directors and officers in FutureTech’s filings with the SEC and such information will also be in the registration statement to be filed with the SEC, which will include the proxy statement/prospectus of FutureTech for the proposed transaction.

    For investor and media inquiries, please contact:

    Investor Relations
    Ying Shan
    FutureTech Capital LLC
    yingshan@futuretechcapitalllc.com

    Media Relations
    Rathbun Communications
    Julie Rathbun
    julie@rathbuncomm.com

    The MIL Network

  • MIL-OSI: iBio Reports Fiscal Year 2024 Financial Results and Provides Corporate Update

    Source: GlobeNewswire (MIL-OSI)

    SAN DIEGO, Sept. 20, 2024 (GLOBE NEWSWIRE) — iBio, Inc. (NYSEA:IBIO), an AI-driven innovator of precision antibody immunotherapies, today announced its financial results for the fiscal year ended June 30, 2024, and provided a corporate update.

    “Our fiscal year 2024 was a transformational year for iBio, as we’ve solidified our business and financial position as a next-generation antibody company with a machine-learning-enabled platform for designing and developing difficult-to-drug therapeutics,” said CEO and Chief Scientific Officer Martin Brenner, Ph.D., DVM. “We made significant progress entering the fast-growing cardiometabolic and obesity space with our collaboration with AstralBio and strengthened our financial position by eliminating our debt associated with the facility and closing a fully subscribed financing including participation from Ikarian Capital, Lynx1 Capital Management, ADAR1 Capital Management, and other institutional and accredited investors. We continued to build our drug discovery platform, adding innovative technologies that are helping to advance our pipeline and provide critical support to our biopharma partners with best-in-class antibody discovery and development projects.”

    Business Developments:

    • Expanded the AI-powered technology stack with the launch of ShieldTx™, a patent-pending antibody masking technology designed to enable specific, highly targeted antibody delivery to diseased tissue without harming healthy tissue.
    • In February, iBio closed the sale of its early-stage PD-1 asset to Otsuka Pharmaceutical Co., Ltd. for $1MM in upfront cash with contingent downstream payments of up to $52.5MM, a pivotal moment that showcased the power of iBio’s platform to discover best-in-class assets.
    • Added bispecific capabilities with its EngageTx™ technology. We advanced a Trop2 x CD3 molecule to clinical candidate selection stage by demonstrating in a humanized mouse model of squamous cell carcinoma, a significant 36 percent reduction in tumor size 14 days after tumor implantation and after a single dose.  Additionally, we leveraged our EngageTx technology and Epitope Steering technology to successfully develop multiple MUC16 x CD3 molecules, which show potent cell killing against ovarian cancer cells.
    • Entered into a collaboration with AstralBio, Inc. to provide an exclusive license in the cardiometabolic and obesity space. iBio will develop four targets of interest with rights to license up to three of these targets prior to entering the clinic.

    Corporate Developments:

    • At the Company’s Special Meeting of Stockholders held on November 27, 2023, iBio’s stockholders authorized a reverse stock split, with a ratio ranging from 1-for-5 to 1-for-20 (the “Range”), with the ratio within such Range to be determined at the discretion of the Board of Directors (the “Board”), and thereafter the Board approved a one for twenty (1-for-20) reverse stock split of the Company’s shares of common stock. The reverse stock split was effective November 29, 2023.
    • Entered into a best-efforts public offering with investors in the fiscal second quarter for gross proceeds of approximately $4.5MM before deducting placement agent fees and offering expenses
    • Entered into a securities purchase agreement for a private investment in public equity financing with several institutional investors and an accredited investor in the fiscal third quarter and consummated the financing in the fiscal fourth quarter for gross proceeds of approximately $15.0MM before deducting placement agent fees and offering expenses.
    • During the third and fourth quarters, strengthened the Company’s cash position after previously issued warrants were exercised for proceeds of approximately $4.5MM.
    • The Company closed the sale of its manufacturing facility located in Bryan, Texas (the “Property”) to the Board of Regents of the Texas A&M University System for $8.5MM. Following the issuance of pre-funded warrants having a value of $4.5MM to the lender, Woodforest National Bank, iBio and its wholly owned subsidiary, iBio CDMO LLC, satisfied all of the conditions of the settlement agreement releasing the Company and its subsidiary of all obligations with respect to the debt secured by the Property, which coupled with the release of approximately $915K in restricted cash previously held by Woodforest, eliminated approximately $13.2MM in secured debt from the Company’s balance sheet.
    • Strengthened its Board of Directors and executive leadership team through the appointments of Dr. Brenner to the Board of Directors, effective June 1, 2024, and Kristi Sarno as Senior Vice President, Business Development, effective August 8, 2024.

    “We ended this fiscal year well-positioned to advance our technology to drive value for patients and shareholders,” said Chief Financial Officer Felipe Duran. “We strengthened our balance sheet through capital raises and debt extinguishment. In fiscal year 2024, we executed transactions which brought in non-dilutive funding, and we continue to pursue business development projects to strengthen our financial position.”

    Financial Results:

    Revenues for the fiscal year ended June 30, 2024, were approximately $0.2 million, an increase of 100% over fiscal 2023.

    R&D and G&A expenses for fiscal 2024 decreased $5.1 million and $7.3 million, respectively, over the comparable period in fiscal 2023. The decrease in R&D and G&A reflects the Company’s cost savings implemented to support its growing investments in its pipeline, platform technologies, employees, and related infrastructure.

    iBio’s consolidated net loss for the fiscal year ended June 30, 2024, was $24.9 million, a decreased loss of $40.1 million compared to 2023 primarily because of the decrease in expenses related to the Company’s discontinued operations and cost saving initiatives.

    iBio held cash, cash equivalents and restricted cash of $14.4 million as of June 30, 2024.

    As disclosed in its Annual Report on Form 10-K for the fiscal year ended June 30, 2024, which was filed on September 20, 2024 with the Securities and Exchange Commission, the audited financial statements contained an audit opinion from its registered public accounting firm that includes an explanatory paragraph related to the Company’s ability to continue as a going concern. See further discussion in footnote 2 to the Company’s financial statements included in the Company’s Annual Report on Form 10-K. This announcement is made pursuant to NYSE American LLC Company Guide Sections 401(h) and 610(b), which requires public announcement of the receipt of an audit opinion containing a going concern paragraph.

    About iBio, Inc.

    iBio is an AI-driven innovator that develops next-generation biopharmaceuticals using computational biology and 3D-modeling of subdominant and conformational epitopes, prospectively enabling the discovery of new antibody treatments for hard-to-target cancers, and other diseases. iBio’s mission is to decrease drug failures, shorten drug development timelines, and open up new frontiers against the most promising targets. For more information, visit www.ibioinc.com.

    FORWARD-LOOKING STATEMENTS

    Certain statements in this press release constitute “forward-looking statements” within the meaning of the federal securities laws. Words such as “may,” “might,” “will,” “should,” “believe,” “expect,” “anticipate,” “estimate,” “continue,” “predict,” “forecast,” “project,” “plan,” “intend” or similar expressions, or statements regarding intent, belief, or current expectations, are forward-looking statements. These forward-looking statements are based upon current estimates and assumptions and include statements such as ending the fiscal year being well-positioned to advance the Company’s technology to drive value for patients and shareholders; and continuing to pursue business development projects to strengthen the Company’s financial position. While the Company believes these forward-looking statements are reasonable, undue reliance should not be placed on any such forward-looking statements, which are based on information available to us on the date of this release. These forward-looking statements are subject to various risks and uncertainties, many of which are difficult to predict that could cause actual results to differ materially from current expectations and assumptions from those set forth or implied by any forward-looking statements. Important factors that could cause actual results to differ materially from current expectations include, among others, the Company’s ability to successfully advance its technology and continue to pursue business development projects to strengthen the Company’s financial position; its ability to obtain regulatory approvals for commercialization of its product candidates, or to comply with ongoing regulatory requirements; regulatory limitations relating to its ability to promote or commercialize its product candidates for specific indications; acceptance of its product candidates in the marketplace and the successful development, marketing or sale of products; the continued maintenance and growth of its patent estate; its ability to establish and maintain collaborations and attract and increase partnership opportunities; competition; the substantial doubt exists related to the Company’s ability to operate as a going concern; its ability to raise additional capital in order to fully execute the Company’s longer-term business plans and the other factors discussed in the Company’s filings with the SEC including the Company’s Annual Report on Form 10-K for the year ended June 30, 2024. The information in this release is provided only as of the date of this release, and the Company undertakes no obligation to update any forward-looking statements contained in this release on account of new information, future events, or otherwise, except as required by law.

    Contact:

    iBio, Inc. 
    Investor Relations 
    ir@ibioinc.com 

    Susan Thomas 
    iBio, Inc. 
    Media Relations 
    susan.thomas@ibioinc.com  

    iBio, Inc. and Subsidiaries
    Consolidated Statements of Operations and Comprehensive Loss
    (In Thousands, except per share amounts)

                 
        Years Ended
        June 30, 
        2024      2023
                 
    Revenues   $ 225     $  
                 
    Operating expenses:            
    Research and development     5,185       10,327  
    General and administrative     11,674       19,016  
    Total operating expenses     16,859       29,343  
                 
    Operating loss     (16,634 )     (29,343 )
                 
    Other income (expense):            
    Interest expense     (172 )     (83 )
    Interest income     363       213  
    Loss on sales of debt securities           (98 )
    Gain on sale of intellectual property     1,000        
    Total other income     1,191       32  
                 
    Net loss from continuing operations     (15,443 )     (29,311 )
                 
    Loss from discontinued operations     (9,464 )     (35,699 )
                 
    Net loss   $ (24,907 )   $ (65,010 )
                 
    Comprehensive loss:            
    Consolidated net loss   $ (24,907 )   $ (65,010 )
                 
    Other comprehensive loss – unrealized gain on debt securities           180  
    Other comprehensive income – foreign currency adjustment           33  
                 
    Comprehensive loss   $ (24,907 )   $ (64,797 )
                 
    Loss per common share attributable to iBio, Inc. stockholders – basic and diluted – continuing operations   $ (4.03 )   $ (47.88 )
    Loss per common share attributable to iBio, Inc. stockholders – basic and diluted – discontinued operations   $ (2.47 )   $ (58.31 )
    Loss per common share attributable to iBio, Inc. stockholders – basic and diluted – total   $ (6.50 )   $ (106.19 )
                 
    Weighted-average common shares outstanding – basic and diluted     3,831       612  
                     

    iBio, Inc. and Subsidiaries

    Consolidated Balance Sheets
    (In Thousands, except share and per share amounts)

                 
                 
        June 30, 2024      June 30, 2023
                 
    Assets            
    Current assets:            
    Cash and cash equivalents   $ 14,210     $ 4,301  
    Restricted cash           3,025  
    Subscription receivable           204  
    Promissory note receivable and accrued interest     713        
    Prepaid expenses and other current assets     749       664  
    Current assets held for sale (see Note 3 – Discontinued Operations)           18,065  
    Total Current Assets     15,672       26,259  
                 
    Restricted cash     215       253  
    Promissory note receivable     1,081       1,706  
    Finance lease right-of-use assets, net of accumulated amortization     339       610  
    Operating lease right-of-use asset     2,401       2,722  
    Fixed assets, net of accumulated depreciation     3,632       4,219  
    Intangible assets, net of accumulated amortization     5,368       5,388  
    Security deposits     26       50  
    Total Assets   $ 28,734     $ 41,207  
                 
    Liabilities and Stockholders’ Equity            
    Current liabilities:            
    Accounts payable   $ 358     $ 1,849  
    Accrued expenses     2,028       4,561  
    Finance lease obligations – current portion     299       272  
    Operating lease obligation – current portion     436       389  
    Equipment financing payable – current portion     178       160  
    Term promissory note – current portion     218        
    Insurance premium financing payable     123        
    Term note payable – net of deferred financing costs           12,937  
    Contract liabilities     200        
    Current liabilities related to assets held for sale           1,941  
    Total Current Liabilities     3,840       22,109  
                 
    Finance lease obligations – net of current portion     53       351  
    Operating lease obligation – net of current portion     2,688       3,125  
    Equipment financing payable – net of current portion     63       241  
    Term promissory note – net of current portion     766        
                 
    Total Liabilities     7,410       25,826  
                 
    Stockholders’ Equity            
    Series 2022 Convertible Preferred Stock – $0.001 par value; 1,000,000 shares authorized at June 30, 2024 and June 30, 2023; 0 shares issued and outstanding as of June 30, 2024 and June 30, 2023            
    Common stock – $0.001 par value; 275,000,000 shares authorized at June 30, 2024 and June 30, 2023; 8,623,676 and 1,015,505 shares issued and outstanding as of June 30, 2024 and June 30, 2023, respectively     9       1  
    Additional paid-in capital     335,162       304,320  
    Accumulated deficit     (313,847 )     (288,940 )
    Total Stockholders’ Equity     21,324       15,381  
                 
    Total Equity     21,324       15,381  
    Total Liabilities and Stockholders’ Equity   $ 28,734     $ 41,207  

    The MIL Network

  • MIL-OSI: Clover Leaf Capital Corp. Announces Adjournment of Special Meeting of Stockholders on Proposed Business Combination

    Source: GlobeNewswire (MIL-OSI)

    MIAMI, FL and KANSAS CITY, KS, Sept. 20, 2024 (GLOBE NEWSWIRE) — Clover Leaf Capital Corp. (Nasdaq: CLOE) (“CLOE” or “Clover Leaf”), a publicly traded special purpose acquisition company, and Digital Ally, Inc. (Nasdaq: DGLY) (“Digital Ally”) today announced that on September 20, 2024, Clover Leaf convened and then adjourned, without conducting other business, its special meeting of its stockholders in lieu of its 2024 Annual Meeting of Stockholders (the “Meeting” ) to 10:00 a.m., Eastern Time on Friday, September 27, 2024. At the meeting, stockholders of Clover Leaf will be asked to vote on proposals to approve, among other things, its proposed initial business combination (the “Business Combination”) with Kustom Entertainment, Inc., a Nevada corporation (“Kustom Entertainment” or the “Company”), pursuant to an Agreement and Plan of Merger (as amended, the “Merger Agreement”), by and among Clover Leaf, CL Merger Sub, Inc., a Nevada corporation and a wholly-owned subsidiary of Clover Leaf (“Merger Sub”), Yntegra Capital Investments LLC, a Delaware limited liability company, in the capacity as the Purchaser Representative (as defined in the Merger Agreement) and Digital Ally, Inc., a Nevada corporation and the sole stockholder of the Company (“Digital Ally”). There is no change to the location, the record date, the purpose or any of the proposals to be acted upon at the Meeting.

    As a result of this change, the Meeting will now be held at 10:00 a.m. Eastern Time on Friday, September 27, 2024 via the live webcast at https://www.cstproxy.com/cloverlcc/bc2024. Also as a result of this change, the deadline for holders of Clover Leaf’s Class A common stock issued in Clover Leaf’s initial public offering to submit their shares for redemption in connection with the Business Combination, is being extended to 5:00 p.m. Eastern Time on Wednesday, September 25, 2024. The record date for Clover Leaf’s stockholders to vote in the Meeting remains July 24, 2024.

    Clover Leaf plans to continue to solicit proxies from stockholders during the period prior to the Meeting. Only the holders of the Clover Leaf’s common stock as of the close of business on July 24, 2024, the record date for the Meeting, are entitled to vote at the Meeting.

    If any Clover Leaf stockholder has any questions or need assistance, such stockholder should (i) reach out to his, her or its broker or (ii) contact Morrow Sodali LLC, Clover Leaf’s proxy solicitor, for assistance via e-mail at CLOE.info or toll-free call at 800-662-5200. Banks and brokers can place a collect call to Morrow Sodali LLC at 203-658-9400 or email at CLOE.info@investor.morrowsodali.com.

    About Kustom Entertainment, Inc.

    Kustom Entertainment, Inc., a recently formed wholly-owned subsidiary of Digital Ally, will provide oversight to currently wholly-owned subsidiaries TicketSmarter, Kustom 440, and BirdVu Jets.

    TicketSmarter offers tickets to more than 125,000 live events ranging from concerts to sports and theatre shows. TicketSmarter is the official ticket resale partner of over 35 collegiate conferences, over 300 universities, and hundreds of events and venues nationally. TicketSmarter is a primary and secondary ticketing solution for events and high-profile venues across North America. For more information on TicketSmarter, visit www.Ticketsmarter.com.

    Established in late 2022, Kustom 440 is an entertainment division of Kustom Entertainment, Inc., whose mission it is to attract, manage and promote concerts, sports and private events. Kustom 440 is unique in that it brings a primary and secondary ticketing platform, in addition to its well-established relationships with artists, venues, and municipalities. For more information on Kustom 440, visit www.Kustom440.com.

    Kustom Entertainment operates through its wholly-owned subsidiaries TicketSmarter, Inc. (“TicketSmarter”), Kustom 440, Inc. (“Kustom 440”), and BirdVu Jets, Inc. (“BirdVu Jets”). Following the closing of the Business Combination, TicketSmarter, Kustom 440, and BirdVu Jets will combine their management teams and focus on concerts, entertainment and garnering additional ticketing partnerships, as well as using existing sponsorships and sports property partnerships to develop alternative entertainment options for consumers.

    About Clover Leaf Capital Corp.

    Clover Leaf Capital Corp. is a newly organized blank check company formed for the purpose of effecting a merger, capital stock exchange, asset acquisition, stock purchase, reorganization or similar business combination with one or more businesses.

    For more information, contact:

    Stanton E. Ross, CEO
    Info@kustoment.com
    Info@cloverlcc.com

    Forward-Looking Statements

    This press release contains certain forward-looking statements within the meaning of the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1955. These forward-looking statements include, without limitation, CLOE’s and Kustom Entertainment’s expectations with respect to the proposed business combination between CLOE and Kustom Entertainment, including statements regarding the benefits of the transaction, the anticipated timing of the transaction, the implied valuation of Kustom Entertainment, the products offered by Kustom Entertainment and the markets in which it operates, and Kustom Entertainment’s projected future results. Words such as “believe,” “project,” “expect,” “anticipate,” “estimate,” “intend,” “strategy,” “future,” “opportunity,” “plan,” “may,” “should,” “will,” “would,” “will be,” “will continue,” “will likely result,” and similar expressions are intended to identify such forward-looking statements. Forward-looking statements are predictions, projections and other statements about future events that are based on current expectations and assumptions and, as a result, are subject to significant risks and uncertainties that could cause the actual results to differ materially from the expected results. Most of these factors are outside CLOE’s and Kustom Entertainment’s control and are difficult to predict. Factors that may cause actual future events to differ materially from the expected results, include, but are not limited to: (i) the risk that the transaction may not be completed in a timely manner or at all, which may adversely affect the price of CLOE’s securities, (ii) the risk that the transaction may not be completed by CLOE’s business combination deadline, even if extended by its stockholders, (iii) and the potential failure to obtain an extension of the business combination deadline if sought by Clover Leaf; (iv) the failure to satisfy the conditions to the consummation of the transaction, including the adoption of the agreement and plan of merger (“Merger Agreement”) by the stockholders of CLOE, (v) the occurrence of any event, change or other circumstance that could give rise to the termination of the Merger Agreement, (vi) the failure to obtain any applicable regulatory approvals required to consummate the business combination; (vii) the receipt of an unsolicited offer from another party for an alternative transaction that could interfere with the business combination, (viii) the effect of the announcement or pendency of the transaction on Kustom Entertainment’s business relationships, performance, and business generally, (ix) the inability to recognize the anticipated benefits of the business combination, which may be affected by, among other things, competition and the ability of the post-combination company to grow and manage growth profitability and retain its key employees, (x) costs related to the business combination, (xi) the outcome of any legal proceedings that may be instituted against Kustom Entertainment or CLOE following the announcement of the proposed business combination, (xii) the ability to maintain the listing of CLOE’s securities on the Nasdaq prior to the business combination, (xiii) the ability to implement business plans, forecasts, and other expectations after the completion of the proposed business combination, and identify and realize additional opportunities, (xiv) the risk of downturns and the possibility of rapid change in the highly competitive industry in which Kustom Entertainment operates, (xv) the risk that demand for Kustom Entertainment’s services may be decreased due to a decrease in the number of large-scale sporting events, concerts and theater shows, (xvi) the risk that any adverse changes in Kustom Entertainment’s relationships with buyer, sellers and distribution partners may adversely affect the business, financial condition and results of operations, (xvii) the risk that Changes in Internet search engine algorithms and dynamics, or search engine disintermediation, or changes in marketplace rules could have a negative impact on traffic for Kustom Entertainment’s sites and ultimately, its business and results of operations; (xviii) the risk that any decrease in the willingness of artists, teams and promoters to continue to support the secondary ticket market may result in decreased demand for Kustom Entertainment’s services; (xix) the risk that Kustom Entertainment is not able to maintain and enhance its brand and reputation in its marketplace, adversely affecting Kustom Entertainment’s business, financial condition and results of operations, (xx) the risk of the occurrence of extraordinary events, such as terrorist attacks, disease epidemics or pandemics, severe weather events and natural disasters, (xxi) the risk that because Kustom Entertainment’s operations are seasonal and its results of operations vary from quarter to quarter and year over year, its financial performance in certain financial quarters or years may not be indicative of, or comparable to, Kustom Entertainment’s financial performance in subsequent financial quarters or years; (xxii) the risk that periods of rapid growth and expansion could place a significant strain on Kustom Entertainment’s resources, including its employee base, which could negatively impact Kustom Entertainment’s operating results; (xxiii) the risk that Kustom Entertainment may never achieve or sustain profitability; (xxiv) the risk that Kustom Entertainment may need to raise additional capital to execute its business plan, which many not be available on acceptable terms or at all; (xxv) the risk that third-parties suppliers and manufacturers are not able to fully and timely meet their obligations, (xxvi) the risk that Kustom Entertainment is unable to secure or protect its intellectual property, (xxvii) the risk that the post-combination company’s securities will not be approved for listing on Nasdaq or if approved, maintain the listing and (xxviii) other risks and uncertainties indicated from time to time in the proxy statement and/or prospectus relating to the business combination, including those under the “Risk Factors” section therein and in CLOE’s other filings with the SEC. The foregoing list of factors is not exhaustive. Forward-looking statements speak only as of the date they are made. Readers are cautioned not to put undue reliance on forward-looking statements, and Kustom Entertainment and CLOE assume no obligation and do not intend to update or revise these forward-looking statements, whether as a result of new information, future events, or otherwise.

    Important Information and Where to Find It

    In connection with the transaction, CLOE has filed the Registration Statement with the SEC, which includes a proxy statement to be distributed to holders of CLOE’s common stock in connection with CLOE’s solicitation of proxies for the vote by CLOE’s stockholders with respect to the transaction and other matters as described in the Registration Statement, as well as a prospectus relating to the offer of the securities to be issued to Kustom Entertainment’s stockholder in connection with the transaction. Before making any voting or investment decision, investors and security holders and other interested parties are urged to read the Registration Statement, any amendments thereto and any other documents filed with the SEC carefully and in their entirety because they contain important information about CLOE, Kustom Entertainment and the transaction. Investors and security holders may obtain free copies of the proxy statement/prospectus and other documents filed with the SEC by CLOE through the website maintained by the SEC at http://www.sec.gov, or by directing a request to: 1450 Brickell Avenue, Suite 2520, Miami, FL 33131.

    Participants in Solicitation

    CLOE and Kustom Entertainment and their respective directors and certain of their respective executive officers and other members of management and employees may be considered participants in the solicitation of proxies with respect to the transaction. Information about the directors and executive officers of CLOE is set forth in its Annual Report on Form 10-K for the fiscal year ended December 31, 2023 filed with the SEC on March 22, 2024. Additional information regarding the participants in the proxy solicitation and a description of their direct and indirect interests, by security holdings or otherwise, are included in the proxy statement/ prospectus and other relevant materials to be filed with the SEC regarding the transaction. Stockholders, potential investors and other interested persons should read the proxy statement/prospectus carefully before making any voting or investment decisions. These documents can be obtained free of charge from the sources indicated above.

    No Offer or Solicitation

    This press release shall not constitute a solicitation of a proxy, consent or authorization with respect to any securities or in respect of the proposed business combination. This communication shall not constitute an offer to sell or the solicitation of an offer to buy any securities, nor shall there be any sale of securities in any state or jurisdiction in which such offer, solicitation or sale would be unlawful prior to registration or qualification under the securities laws of any such state or jurisdiction. No offering of securities shall be made except by means of a prospectus meeting the requirements of Section 10 of the U.S. Securities Act of 1933, as amended, or an exemption therefrom.

    The MIL Network

  • MIL-OSI USA: Miller Participates in Ways and Means Trade Hearing on Protecting American Innovation Through Strong Digital Trade Rules

    Source: United States House of Representatives – Congresswoman Carol Miller (R-WV)

    Washington D.C. – Today, Congresswoman Carol Miller (R-WV) spoke at a Ways and Means digital trade hearing focused on protecting American innovation by establishing and enforcing strong digital trade rules.

    Congresswoman Miller began her remarks by explaining how specific Korean digital policies, if passed, will end up harming U.S. businesses and threaten our national security in the Indo-Pacific. 

    “Korea may soon pass online platform laws and regulations that would make it difficult for U.S. companies to operate in their country. I am very concerned that such an important, strategic ally like the Republic of Korea is pursuing economic policies that target and discriminate against U.S. technology companies while welcoming state-owned Chinese companies with open arms. Chinese firms are the fastest growing tech companies in Korea, with many leveraging strategic partnerships with Korean monopolies who have a strong influence in Korea’s legislature. I am very concerned about the national security implications of Korea’s ill-advised economic discrimination and would urge them not to go down this path, and instead, continue our important technology partnership and the goals established in our free trade agreement. Our trade agreement with Korea is the second largest Free Trade Agreement (FTA) by trade flows, second only to the United States-Mexico-Canada Agreement (USMCA). ​​It is extremely concerning to me that our two biggest FTAs are both facing obstacles in the world of digital trade,” said Congresswoman Miller. 
     
    Congresswoman Miller asked the President of Information Technology and Innovation Foundation (ITIF), Robert D. Atkinson, how China will benefit from the Korean digital policies and how this will affect the United States regarding the economy and national security. 
     
    “Can you explain how China wins if Korea pursues economic discrimination policies against the United States and why are Chinese firms seeking to drastically increase their Korean userbase? Do you believe that Korea is assisting them in their growth?” asked Congresswoman Miller. 

    “Last time I was there [in Korea], I tried to use google maps to figure out where to go and I couldn’t. I could use a Korean app company and they say it’s national security. It has nothing to do with national security. It’s the fact that they wanted to favor their own domestic map companies, their own domestic players. That’s what they’re doing now by copying the European Digital Markets Act (DMA) and what they want to do is they want to be able to pass a law that would require American companies to turn over data to be interoperable to do other kinds of things that would benefit Korean companies. But they can’t write the law so blatantly that it admits that, so it would benefit Korean companies, but it would also benefit Chinese companies. They’re willing to make that trade-off because they think it’s going to benefit their companies more, and it’ll hurt our companies. This will benefit Chinese companies and make them stronger. I would put Korea again in the same categories as I’d put Canada. They need us a lot more than we need them. They’re dependent upon us not just for military, but they’re so focused right now on building technology partnerships. They want technology partnerships with us and we’re going ahead and saying “yes,” but I think there must be a quid pro quo with that. Yeah, we want technology partnerships with you so we can both be stronger against the Chinese, but we’re not going to do partnerships with you if you do these kinds of discriminatory things,” responded Dr. Atkinson. 

    “What are the national security concerns related to U.S. foreign policy in the Indo-Pacific should the U.S. be less economically tied to our strategic ally as they grow closer to China?” asked Congresswoman Miller. 

    “So, the fundamental question I think in, in the Indo-Pacific is, are these countries going to gradually move over into the China orbit or are they going to stay in the Western democratic market orbit? The Koreans don’t want to pick. They want to have really close relationship with the Chinese because they know Chinese are predatory and retaliatory. They will hurt the Korean companies. They’ve done that before, but we need to let them know that they can’t have it both ways. They have to pick. We’re their defender. They need to be on the side of the allies and democracy, so I think it’s a critical, critical issue that we make them choose and choose us,” responded Dr. Atkinson.

    ###

    MIL OSI USA News

  • MIL-OSI Asia-Pac: Union Health Minister Shri J P Nadda lists out achievements of the Union Health Ministry in the First 100 Days of the New Government

    Source: Government of India (2)

    Union Health Minister Shri J P Nadda lists out achievements of the Union Health Ministry in the First 100 Days of the New Government

    Ayushman Bharat is the world’s largest publicly funded health coverage program: Shri JP Nadda

    “The U-WIN portal has been developed for full digitization of vaccination services for complete vaccination record of pregnant women and children from birth to 17 years under the Universal Immunization Programme”

    “There has been 98% increase in medical colleges from 387 in 2013-14 to 766 in 2024-25”

    “MBBS Seats increased by 64,464 (i.e., 125%) from 2013-14 (51,348 seats) to 2024-25 (11,5812 seats) while the number of PG seats increased by 39,460 (i.e., 127%) from 2013-14 (31,185 seats) to 2024-25 (73,111 seats)”

    “In the first phase, BHISHM Cubes are being placed in 25 AIIMS and Institutes of National Importance for rapid deployment in the respective region in case of disaster / health emergencies”

    “Union Health Ministry in consultation with the States/UTs is preparing a detailed rollout plan for logistics and training of health professionals for the introduction of the new TB treatment regimen early next year”

    Posted On: 20 SEP 2024 4:48PM by PIB Delhi

    Union Minister of Health and Family Welfare, Shri Jagat Prakash Nadda highlighted the key achievements of the Union Health Ministry in the first 100 days of the government at a press conference, here today. Union Ministers of State for Health and Family Welfare, Shri Prataprao Ganpatrao Jadhav and Smt. Anupriya Singh Patel were also present.

    The Union Health Minister noted that around Rs.15 lakh crores of investment have been made in the last 100 days with speed and scale across different ministries. He noted that the Ministry of Health and Family Welfare has launched several key initiatives aimed at enhancing healthcare delivery and access in India. The following are some of the achievements made in the last 100 days across different health schemes:

    Ayushman Bharat PM-JAY:

    Shri Nadda said that the recent announcement of expansion of the Ayushman Bharat PMJAY scheme to include all senior citizens, irrespective of income group, aged 70 years and above will potentially benefit around 6 crore individuals across 4.5 crore families. Highlighting that Ayushman Bharat is the world’s largest publicly funded health coverage program, Shri Nadda informed that the expanded scheme will be implemented from October this year.

    U-WIN Portal:

    Another significant advancement is the U-WIN Portal which has been developed for full digitization of vaccination services for complete vaccination record of pregnant women and children from birth to 17 years under the Universal Immunization Programme. The citizen-centric services of the digital platform include ‘Anytime Access’ and ‘Anywhere’ vaccination services, Self-Registration by citizens using the U-WIN web-portal or the U-WIN citizen mobile application, automated SMS alerts, universal QR-based eVaccination Certificate and utility to create their Ayushman Bharat Health Account (ABHA) ID for themselves and Child ABHA ID for their children. The portal is in 11 regional languages including Hindi.

    Stating that “the U-WIN portal has been developed for full digitization of vaccination services for complete vaccination record of pregnant women and children from birth to 17 years under the Universal Immunization Programme”, he informed that the portal is already operational on pilot basis. As on 16th September 2024, 6.46 crore beneficiaries have been registered, 1.04 crore vaccination sessions have been held and 23.06 crore administered vaccine doses have been recorded on the portal.

    New TB Treatment Regimen & Made-in-India TB Diagnostics:

    A shorter and more efficacious treatment regimen is now available for use under the National TB Elimination Programme (NTEP) which would help in reducing the treatment duration from 9-12 months to 6 months. It has been validated along with Health Technology Assessment (HTA) by ICMR. Shri Nadda informed that the Union Health Ministry in consultation with the State/UT governments is preparing a detailed rollout plan for logistics and training of health professionals for the introduction of this new regimen early next year. He also highlighted the expected reduction in duration of the treatment regimen in approximately 75,000 DRTB cases across the country.

    In order to ensure country wide coverage for TB and Drug Resistance diagnosis by ‘state of the art’ molecular methods, a new indigenous diagnostic system (Patho detect) has been validated by ICMR, along with field feasibility. Shri Nadda stated that it would lead to reduction in turn-around times for test results, thereby reducing morbidity and mortality of TB patients.

    Deployment of BHISM Cubes:

    BHISHM Cubes are portable and rapidly deployable modular medical facility intended to provide emergency lifesaving clinical care in event of disaster/public health emergencies. Union Health Minister stated that BHISM cubes have the capacity to handle about 200 cases of diverse nature in emergency situations such as trauma, bleeding, burns, fractures, etc. In the 1st Phase, BHISHM Cubes will be placed in 25 AIIMS and Institutes of National Importance (INIs) for rapid deployment in the respective region in case of disaster / health emergencies. States may also deploy at strategic locations subsequently. India has gifted four BHISHM Cubes to Ukraine during the Hon’ble Prime Minister’s visit to the country recently.

    Use of Drone Services:

    Drones service aid in rapid, cost-effective and safe delivery of medical supplies and samples in hard-to-reach and tough terrains. Fifteen (15) AIIMS/INIs/NE institutions have been identified for Drone Services. Drone trials and trainings have been completed in 12 institutes. Shri Nadda said that drones provide safe, accurate reliable pickup & delivery of medicines, vaccines, blood, diagnostic specimens & other life-saving items to difficult-to-reach facilities.

    Medical Education:

    Increase in Medical Colleges:

    The Union Health Minister said that the increase in medical colleges and MBBS and PG seats would lead to increase in the availability of doctors in the healthcare system.

    There is an increase of 8.07% in Medical Colleges from 706 in 2023-24 to 766 in 2024-25. There has been 98% increase in medical colleges from 387 in 2013-14 to 766 in 2024-25. During the same period, 379 new medical colleges have been established and, presently there are 766 (Govt: 423, Pvt: 343) medical colleges in the Country.

    Increase in MBBS seats:

    There is an increase of 6.30 % in MBBS seats from 1,08,940 in 2023-24 to 1,15,812 in 2024-25. MBBS Seats increased by 64,464 (i.e., 125%) from 2013-14 (51,348 seats) to 2024-25 (11,5812 seats).

    Increase in PG seats:

    There is an increase of 5.92% in PG seats from 69,024 in 2023-24 to 73,111 in 2024-25. During the last ten years, the number of PG seats increased by 39,460 (i.e., 127%) from 2013-14 (31,185 seats) to 2024-25 (73,111 seats).

    Operationalization of National Medical Register:

    National Medical Register (NMR) is a comprehensive dynamic database for all allopathic (MBBS) registered doctors in India. NMR is linked with Aadhaar ID of the doctors that ensures the individual’s authenticity.

    Shri Nadda said that NMR being a key component of the country’s Ayushman Bharat digital mission, it would be part of Healthcare Professional Registry (HPR). He further said that NMR will ensure provision of data covering details of around 13 lakh doctors in the country – State-wise, those who have left the country, those who have lost their license to practice, or details of doctors who have lost their lives.

    National Quality Assurance Standards (NQAS):

    Virtual National Quality Assurance Standards (NQAS) Assessment of Ayushman Arogya Mandir -Sub Centre:

    NQAS are set of standards designed to ensure and improve the quality of healthcare services in District Hospitals, Community Health Centres, Ayushman Arogya Mandir – Primary Health Centre, Ayushman Arogya Mandir – Urban Primary Health Centre and Ayushman Arogya Mandir – Sub Health Centre.

    Shri Nadda said that as on 31st August 2024, 13,782 Public Health Facilities are NQAS Certified. A total of 5,784 Public Health Facilities have been NQAS Certified from 1st April 2024 till date, in which 3,134 facilities (including 2,734 Ayushman Arogya Mandir – Sub Centers) have been NQAS certified at all levels in the first 100 days.

    The virtual National Quality Assurance Standards assessments for Ayushman Arogya Mandir-Sub Centres commenced on August 1st after requisite trainings. 58 assessments have been done, with 104 more assessments scheduled to take place by end of September, 2024. “This will give an impetus to ensuring Quality standards for all levels of public health care facilities improving comprehensive primary healthcare of citizens” Shri Nadda said.

    National Quality Assurance Standards for Integrated Public Health Laboratories:

    Release of NQAS for IPHLs spread across district level health facilities is aimed at improving the quality and competence of management and testing systems in IPHLs. This will positively impact the reliability of test results and enhance the quality of diagnostics & patient care.

    Establishment of AIIMS in Darbhanga:

    Union Cabinet has approved setting up of new AIIMS at Darbhanga on 15.09.2020 at an estimated cost of Rs. 1264 Crore. Shri Nadda  stated that the issue of allotment of land for AIIMS Darbhanga, which was pending for over 3 years has been finally settled and the Government of Bihar has allotted and since handed over 150.13 acres of land on 12.8.2024 required for AIIMS Darbhanga. He further noted that AIIMS institutions would serve to fill the gap in affordable tertiary healthcare services and reduce out of pocket expenditure.

    Completion of Super Specialty Blocks:

    Completion of construction works of Super Specialty Blocks (SSB) has been taken up as upgradation projects of existing Government Medical Colleges under PMSSY of four Government Medical Colleges in Bihar, these include:

    a) Jawaharlal Nehru Medical College, Bhagalpur

    b) Anugrah Narayan Magadh Medical College, Gaya

    c) Sri Krishna Medical College, Muzaffarpur

    d) Darbhanga Medical College and Hospital.

    The launch of Super Specialty Blocks in Government Medical Colleges (Bihar) would serve to fill the gap in affordable tertiary healthcare services and reduce out of pocket expenditure, Shri Nadda highlighted.

    Launch of Food Import Rejection Alerts:

    The Union Minister also highlighted the introduction of the Food Import Rejection Alerts (FIRA), an online portal designed to notify the public and relevant food safety authorities about food import rejections at Indian borders and training of food street vendors by the FSSAI. The portal has been launched today at the second edition of the Global Food Regulators Summit 2024 hosted by FSSAI at Bharat Mandapam.

    Shri Apurva Chandra, Union Health Secretary, Ministry of Health and Family Welfare; Smt. Punya Salila Srivastava, Officer on Special Duty, Ministry of Health and Family Welfare; Smt. LS Changsan, Addl. Secretary, Ministry of Health and Family Welfare; Shri Dhirendra Ojha, Principal DG, PIB, Ministry of Information and Broadcasting and senior officials of the Union Health Ministry were present on the occasion.

    *****

    MV

    HFW/ PC on 100 Days Achievement/20September2024/1

    (Release ID: 2057037) Visitor Counter : 53

    MIL OSI Asia Pacific News

  • MIL-OSI USA: Unregistered Municipal Advisory Activity in Public-Private Partnerships

    Source: Securities and Exchange Commission

    Good afternoon everyone. I want to thank The Bond Buyer for organizing this Infrastructure Conference and for inviting me today to talk about some important regulatory safeguards that were put in place a decade ago to help state and local governments make effective infrastructure investments.

    But before I begin, I must remind you that my remarks are in my official capacity as Director of the Securities and Exchange Commission’s Office of Municipal Securities, but do not necessarily reflect the views of the Commission, the Commissioners, or other members of the staff.

    These types of events give me a unique opportunity to speak directly to the municipal securities market about an issue that has framed my tenure with the Commission, first as a staff attorney serving as a principal drafter of the municipal advisor rules and now as the Director of the Office charged with overseeing municipal advisor regulation, namely unregistered entities engaging in municipal advisory activity.[1]

    Filling a Gap in the Regulatory Landscape

    To begin, I thought I would spend a few moments laying out the municipal advisor regulatory framework.

    Until the passage of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act” or “Dodd-Frank”), advisors[2] to municipal entities[3] and obligated persons[4] were largely unregulated and were generally not required to register with the Commission or any other federal, state, or self-regulatory entity with respect to their municipal advisory activity.[5]

    Leaving the activities of these advisors generally unchecked, however, led to several cases of market abuses and economic damage to municipal entities and obligated persons.[6] For instance:

    • Congress found that a number of municipalities suffered losses from complex derivatives products that were marketed by unregulated financial intermediaries;[7]
    • The Commission brought action against a financial institution alleging payments by the financial institution to local firms whose principals or employees were friends of public officials in connection with a bond underwriting and interest rate swap agreement;[8] and
    • The Commission settled several actions against major financial institutions for their role in a series of complex, wide-ranging bid rigging schemes involving derivatives utilized by municipalities and underlying obligors as reinvestment products.[9]

    Dodd-Frank was enacted to generally strengthen oversight of the municipal securities market and to broaden current municipal securities market protections to cover, among other things, previously unregulated market activity.[10] Section 975 amended Section 15B of the Securities Exchange Act of 1934 (“Exchange Act”) creating a new class of regulated person required to register with the Commission: municipal advisors.[11] 

    Who Are Municipal Advisors?

    So, who are municipal advisors? Broadly speaking, municipal advisors assist municipal entities and obligated persons on the terms of bond offerings, investment of bond proceeds, and the structuring and pricing of related products.

    A “municipal advisor” is any person (who is not a municipal entity or an employee of a municipal entity) that:

    provides advice to or on behalf of a municipal entity or obligated person with respect to municipal financial products or the issuance of municipal securities, including advice with respect to the structure, timing, terms, and other similar matters concerning such financial products or issues; or undertakes a solicitation of a municipal entity or obligated person.[12]

    Key here is advice. As you may suspect, “advice” is not subject to a bright-line definition.[13] Instead, the determination of whether a person provides advice to, or on behalf of, a municipal entity or an obligated person regarding municipal advisory activity will depend on all the relevant facts and circumstances.[14] For purposes of the municipal advisor definition, advice includes, without limitation, recommendations that are particularized to the specific needs, objectives, or circumstances of a municipal entity or obligated person with respect to municipal financial products or the issuance of municipal securities, based on all the facts and circumstances.[15] Advice excludes, among other things, the provision of general information that does not involve a recommendation regarding municipal financial products or the issuance of municipal securities.[16]

    The focus of the advice standard is whether or not, under all of the relevant facts and circumstances, the information presented to a municipal entity or obligated person is sufficiently limited so that it does not involve a recommendation that constitutes advice.[17]

    The Exchange Act provides that municipal advisors and any person associated with such municipal advisor has a fiduciary duty to their municipal entity clients, prohibiting municipal advisors from engaging in any act, practice, or course of business that is not consistent with their fiduciary duty.[18] Although the Exchange Act does not provide that municipal advisors are deemed to have a fiduciary duty insofar as their advice is to non-municipal entity obligated person clients, some state fiduciary or agency laws may, depending on the facts and circumstances, apply to municipal advisor engagements with such obligated persons.[19] Municipal advisors do have other obligations to obligated person clients, such as a duty of fair dealing and a duty of care under current Municipal Securities Rulemaking Board (“MSRB”) rules.[20]

    Now that I have laid out the regulatory framework, I want to summarize the key takeaways:

    First, the Commission applies the term “municipal advisory activities”[21] to a range of activities, including, but not limited to developing financing plans, assisting in evaluating different financing options and structures, and evaluating and negotiating terms.[22]

    Second, advice is not subject to a bright-line definition. Advice includes a recommendation regarding municipal financial products or the issuance of municipal securities. The determination of whether a recommendation has been made is an objective inquiry and a key factor that the Commission will consider is whether the recommendation reasonably would be viewed as a suggestion to take action or refrain from taking action.[23]

    Third, any person engaging in municipal advisory activity will be considered a municipal advisor and have a fiduciary duty to their municipal entity client, unless an exclusion or exemption applies.

    Finally, under federal securities law, a person must register with the Commission and the MSRB prior to engaging in municipal advisory activities. Any person that engages in municipal advisory activity prior to registering with the Commission and the MSRB as a municipal advisor violates Section 15B(a)(1)(B) of the Exchange Act.[24]

    Observations on Public-Private Partnerships

    The roughly $4 trillion[25] municipal securities market provides critical support to our nation’s infrastructure. The funds raised by our states and local governments in the municipal securities market have helped remove lead from water pipes; built roads and bridges; modernized hospitals; built clean-energy infrastructure, and so much more to ensure that we have the infrastructure needed to access critical services. But for decades now, observers have noted that tight fiscal conditions and rising costs associated with maintaining and building infrastructure have prevented our states and local governments from investing in infrastructure at the levels needed.[26]

    Recently enacted legislation has made funding and incentives available for a broad range of infrastructure development[27] and may also serve as a potential catalyst for the private sector to help in closing infrastructure gaps, including through public-private partnerships (“P3”).[28]

    As everyone in the room is aware, leveraging private capital to finance public infrastructure is not a new tool. Much of our nation’s early infrastructure was built through partnerships between the public and private sectors.[29] More recently, P3s have been used as a delivery option for complex highway projects throughout the nation[30] and have been presented as a tool to finance projects in other sectors, such as energy infrastructure, affordable housing, school facilities, and telecom.[31]

    Despite their widespread use, there is no universally accepted definition of a P3.[32] P3s are broadly described as any contractual agreement between a public entity and a private entity for the purpose of financing, constructing, operating, managing, and/or maintaining a public asset and related services.[33]

    Let’s break that down a bit: P3s are long-term contractual arrangements between a public entity and private entity, where the private entity makes a financing commitment expecting to be repaid with future tax revenue or user fees or similar arrangement. The private entity signing and managing the P3 contract is typically a special purpose vehicle (SPV) created for the purpose of the P3 project and having equity investors.[34]

    Pretty straightforward: instead of using public resources that may be limited by budget or debt restrictions, private financing steps in as an alternative to building much needed infrastructure, potentially using the same taxes and fees that the municipal entity or obligated person would have used to finance the project if it had decided to finance on its own.

    Well, there is more to the story. Definitionally, P3s exist on a spectrum as an alternative form of procurement[35] but also on a spectrum as an alternative form of financing. Financing packages come in all types of configurations: equity, debt, or a combination sourced from both public and private sources, including private activity bonds (“PABs”), federal credit assistance, state, or local funding, which may include the issuance of municipal securities.[36]

    Compared to more traditional financings of infrastructure – that is, using federal, state, or local funding, which more likely than not includes the issuance of municipal securities – P3s and other non-traditional methodologies that have been developed to deliver and finance infrastructure needs are a bit more complex.

    This complexity has brought with it a range of concerns regarding the use of P3s. Public officials and state and local inspector generals and auditors have studied individual transactions and have issued findings identifying key areas of concern. These concerns include transferring too little or too much risk between the public and private sectors; not using the most efficient and lowest cost financing available to the municipal entity or obligated person; and having very costly long-term impacts to fix short-term budgetary issues.

    Public entities have also been exposed to all sorts of contingent liabilities, including compensation clauses, non-compete clauses, and availability payment escalation clauses, leading to potential increased financial and political burdens on the public entity. Uncontrollable external events, oftentimes impacting anticipated revenues, have seen public entities having to make the choice to either terminate, suspend, or take full control over a project, even though the risk of such events was supposed to be borne by other parties.[38]

    Pathways to Public-Private Partnerships

    In light of these potential hurdles, how does a municipal entity or obligated person go about deciding to finance an infrastructure project using a non-traditional form of procurement?

    One way would be for municipal entities and obligated persons to rely on individuals and firms – advisors, consultants, banks, engineers, accounting firms, developers, real estate managers, investment specialists, diversified financial services groups – collectively, what I will be referring to as “P3 Consultants” that have positioned themselves as financial, legal, and technical experts on P3s. Individual or groups of P3 Consultants are purportedly capable of providing tailored advice to municipal entities and obligated persons on the entire P3 lifecycle. However, various reports[39] have identified that P3 Consultants have engaged in concerning behavior, including:

    • Failure by P3 Consultants to disclose conflicts of interest between the P3 Consultant and subcontractors hired to provide a VfM analysis, leading to the skewing of project costs in favor of a P3 procurement.
    • P3 Consultants with no experience in municipal financing, failing to include a public sector comparator as part of the VfM analysis and resultingly being unable to demonstrate that the procurement would be maximizing VfM.
    • P3 Consultants advising municipal entities or obligated persons that P3s that only used private debt and equity funding sources would be considered an “off-balance sheet” financing, despite the fact that projects procured with a mix of public and private funding sources would, under accounting standards be required to be includable on the municipal entities balance sheet.[40]

    Soliciting a P3 Consultant

    In staff’s review of P3s in the municipal securities market, one of the first questions that we asked ourselves is how does the process get started – how does a municipal entity or obligated person connect with a P3 Consultant and does that raise any regulatory issues?

    Municipal entities and obligated persons often solicit a P3 Consultant through a competitive request for proposal/qualification (“RFP/Q”) process, where the municipal entity or obligated person has defined the infrastructure project scope; completed a preliminary VfM, or other process, which compares[41] the costs and benefits of a P3 or other non-traditional procurement method against a traditional procurement method; defined requirements related to construction, operation, and management of the project; and assessed potential financing arrangements. But P3 Consultants may also approach the municipal entity (or obligated person) through an Unsolicited Proposal (“USP”) process.[42]

    So, how does the RFP/Q process tie back to our municipal advisor regulatory framework?

    Well, responses to requests for RFP/Qs alone do not constitute municipal advisory activity.[43] Persons providing a response in writing or orally to a RFP/Q from a municipal entity or obligated person for services in connection with a municipal financial product or the issuance of municipal securities is exempt from the definition of municipal advisor provided that such person does not receive separate direct or indirect compensation for advice provided as part of such response.[44] However, Unsolicited Proposals that broadly seek input on any infrastructure project may not be a process that is consistent with the RFP exemption to the municipal advisor definition.[45]

    We have previously spoken about the parameters and level of formality of the RFP/Q process that would be needed to qualify for the RFP exemption.[46] Staff is of the view that the USP process would need to meet the same standards to qualify any responses for the exemption. Municipal entities, obligated persons, or registered municipal advisors acting on their behalf, should apply a similar degree of formality by identifying a particular objective for the USP process. Otherwise, any person responding to a USP would need to consider if the substance of their proposal requires registration as a municipal advisor.

    We have seen instances where P3 Consultants are originating an infrastructure project by identifying public asset gaps, proposing project design recommendations, providing project affordability analyses, and/or discussing the viability of a public infrastructure project in general terms. Without including material specifically tailored to the needs, objectives, or circumstances of the municipal entity or obligated person, this may not rise to the level of municipal advisory activity. However, some Unsolicited Proposals have included subjective qualitative and quantitative criteria specially tailored to the municipal entity or obligated person that includes descriptions of proposed business arrangements (i.e., ground lease, management agreements); market studies that support revenue assumptions and financial, economic and social benefits; advice with respect to sizing and structuring of the financing package, which may include consideration or use of municipal securities or municipal financial products; and models allocating risk transfer between the public and private entity. P3 Consultants should be aware that, depending on the facts and circumstances, such submissions could constitute municipal advisory activity.

    Regardless of whether a P3 Consultant has been retained through an RFP/Q process or through a USP process, our overarching observation has been that municipal entities and obligated persons seem to rely heavily on the content of the proposals – and the implied expertise – of the P3 Consultant.

    The Role of the P3 Consultant

    What services do P3 Consultants provide? Well, services run the whole gamut.

    We have observed instances where the P3 Consultant analyzes and makes recommendations on the most cost effective and appropriate financing package for the delivery of the project, including:

    • Considering various financing alternatives to raise the necessary capital, which may include, without limitation: federal, state, or local funding, including the use of municipal financial products or the issuance of municipal securities; equity and lender commitments; and/or special facility financing; and
    • Assisting with the sizing and structuring of the financing package, which may include consideration or use of municipal securities or municipal financial products and participating in the preparation of disclosure documents.

    P3 Consultants should be aware that considering various financing alternatives and assisting with the sizing and structuring could constitute municipal advisory activity.

    We have seen P3 Consultants be asked to independently, or in collaboration with the staff of the municipal entity or obligated person and other advisors, draft RFP/Qs for the solicitation of financial and/or technical private sector project delivery partners (“Private Sector Partners”). Assisting a municipal entity or obligated person with drafting – or simply drafting – an RFP/Q is municipal advisory activity requiring registration with the Commission, absent an available exclusion or exemption, because the P3 Consultant (or any other entity) could be providing advice with respect to the parameters of such RFP/Q which includes the issuance of municipal securities or the use of municipal financial products.[47]

    Takeaways

    The SEC’s mission is to protect investors, maintain fair, orderly, and efficient markets, and facilitate capital formation. The Office of Municipal Securities remains dedicated to providing information to the municipal securities market to help persons and entities active in the market comply with the important safeguards that were put in place after the last financial crisis by Congress. The Exchange Act makes it unlawful for any municipal advisor to provide advice to or on behalf of, or to undertake a solicitation of, a municipal entity or obligated person without registering with the Commission.[48]

    As you continue your partnerships to help meet the nation’s infrastructure needs, I would like you to remember that addressing the risks that unregistered municipal advisory activity pose to municipal entities and obligated persons is a challenge that requires a whole municipal securities market approach.

    P3 Consultants and Private Sector Partners who advise municipal entities or obligated persons on the issuance of municipal securities, the use of municipal financial products, and/or the use of debt financing alternatives that are tailored to the specific needs, objectives, or circumstances of the municipal entity during any stage of the P3 lifecycle should remember that they may be engaging in municipal advisory activity requiring registration as a municipal advisor with the Commission and the MSRB. The relevant timeline for advice to obligated persons is slightly different but still includes advice prior to the issuance of municipal securities until they are no longer outstanding.[49]

    For other market participants, engaging persons acting as unregistered municipal advisors may have far-reaching consequences for themselves and others,[50] including eroding public trust, significant financial losses and inefficiencies, and undermining the legitimacy of the P3 process.

    More information about the Commission’s regulation of municipal advisors is available at the Office of Municipal Securities website.[51] The MSRB also provides educational material on various topics related to municipal advisors at its Education Center website that may be helpful to municipal entities, obligated persons, P3 Consultants, and Private Sector Partners and any other market participant seeking additional information.[52]

    Thank you again to The Bond Buyer for the invitation to address you today. I look forward to working with all of you toward our shared goal of regulatory compliance in furtherance of protecting the integrity of the municipal securities market.


    [3]           See Exchange Act Section 15B(e)(8) [15 U.S.C. 78o-4(e)(8)] defining “municipal entity.”

    [4]           See Exchange Act Section 15B(e)(10) [15 U.S.C. 78o-4(e)(10)] defining “obligated person.”

    [5]           See Municipal Advisor Adopting Release 78 FR at 67472.

    [6]           Id. at 67475.

    [7]           Id. at 67475 n.102 (citing S. Rep. No. 111-176, at 38 (2010)).

    [8]           Id. at 67475 n. 104 and accompanying text.

    [9]           Id. at 67475 nn. 105-106 and accompanying text.  

    [10]         Id. at 67626.

    [11]         See Section 975(a)(1)(B) of the Dodd-Frank Act [15 U.S.C. 78o-4(a)(1)(B)].

    [12]         See Exchange Act Section 15B(e)(4)(A) [15 U.S.C. 78o-4(e)(4)(A)]. The definition of municipal advisor includes financial advisors, guaranteed investment contract brokers, third-party marketers, placement agents, solicitors, finders, and swap advisors that provide municipal advisory services, unless they are statutorily excluded. See 15 U.S.C. 78o-4(e)(4)(B). The statutory definition of municipal advisor excludes a broker, dealer, or municipal securities dealer serving as an underwriter (as defined in section 77b(a)(11) of this title), any investment adviser registered under the Investment Advisers Act of 1940 [15 U.S.C. 80b-1 et seq.], or persons associated with such investment advisers who are providing investment advice, any commodity trading advisor registered under the Commodity Exchange Act or persons associated with a commodity trading advisor who are providing advice related to swaps, attorneys offering legal advice or providing services that are of a traditional legal nature, or engineers providing engineering advice. See 15 U.S.C. 78o-4(e)(4)(C). The Commission exempts the following persons from the definition of municipal advisor to the extent they are engaging in the specified activities: accountants; public officials and employees; banks; responses to requests for proposals or qualifications; swap dealers; participation by an independent registered municipal advisor; persons that provide advice on certain investment strategies; certain solicitations. See Exchange Act Rule 15Ba1-1(d)(3)(i) through (viii) [17 CFR 240.15Ba1-1(d)(3)(i) through (viii)].

    [13]         Municipal Advisor Adopting Release, 78 FR at 67479.

    [14]         Id.

    [15]         Id. at 67480. See also Exchange Act Rule 15Ba1-1(d)(1)(ii) [17 CFR 240.15Ba1-1(d)(1)(ii)] (advice excludes, among other things, the provision of general information that does not involve a recommendation regarding municipal financial products or the issuance of municipal securities (including with respect to the structure, timing, terms and other similar matters concerning such financial products or issues)).

    [16]         See Exchange Act Rule 15Ba1-1(d)(1)(ii) [17 CFR 240.15Ba1-1(d)(1)(ii)]. See also Municipal Advisor Adopting Release, 78 FR at 67479-67480 (Commission providing clarifying guidance regarding “advice” only with respect to municipal advisors and solely for purposes of the municipal advisor definition).

    [17]         See Municipal Advisor Adopting Release, 78 FR at 67480. See generally Answer to Question 1.1 The General Information Exclusion from Advice versus Recommendation from the Registration of Municipal Advisors Frequently Asked Questions (“MA FAQ”), available at https://www.sec.gov/info/municipal/mun-advisors-faqs.

    [18]         See 15 U.S.C. 78o–4(c)(1).

    [19]         See, e.g., Arthurs Lestrange & Co., Inc., Exchange Act Release No. 42148, 1999 WL 1038053 at * 4 (Nov. 17, 1999) (financial advisor also a fiduciary under Pennsylvania state law).

    [20]         See MSRB Rules G-17 (fair dealing) and G-42(a)(i) (duty of care).

    [21]         See Exchange Act Rule 15Ba1-1(e) [17 CFR 240.15Ba1-1(e)].

    [22]         See Municipal Advisor Adopting Release, 78 FR at 67472.

    [23]         Municipal Advisor Adopting Release, 78 FR at 67480 and accompanying note 165 (citing FINRA Notice to Members 01-23 (Mar. 19, 2001), and Notice of Filing of Proposed Rule Change to Adopt FINRA Rules 2090 (Know Your Customer) and 2111 (Suitability) in the Consolidated FINRA Rulebook, Exchange Act Release No. 62718A (Aug. 20, 2010), 75 FR 52562 (Aug. 26, 2010); FINRA Regulatory Notice 11-02 (Know Your Customer and Suitability), Jan. 11, 2011, available at https://www.finra.org/sites/default/files/NoticeDocument/p122778.pdf).

    [24]         See 15 U.S.C. 78o-4(a)(1)(B).

    [26]         While the federal government contributes with funding, states and local governments carry most of the burden for maintaining and building infrastructure. See generally U.S. Dep’t of the Treasury, Infrastructure Investment in the United States (Nov. 15, 2023), available at https://home.treasury.gov/news/featured-stories/infrastructure-investment-in-the-united-states; American Society of Civil Engineers, Failure to Act, Economic Impacts of Status Quo Investment Across Infrastructure Investment Across Infrastructure Systems (2021), available at https://infrastructurereportcard.org/wp-content/uploads/2021/03/FTA_Econ_Impacts_Status_Quo.pdf and Bridging the Gap, Economic Impacts of National Infrastructure Investment, 2024-2043 (2024), available at https://bridgingthegap.infrastructurereportcard.org/wp-content/uploads/2024/05/2024-Bridging-the-Gap-Economic-Study.pdf.

    [27]         The Infrastructure Investment and Jobs Act (“IIJA”) and the Inflation Reduction Act (“IRA”) make funding available for an array of projects. See Infrastructure Investment and Jobs Act, Pub. L. 117-58 (2021) and the Inflation Reduction Act of 2022, Pub. L. 117-169 (2022).

    [28]         In terms of private sector involvement in infrastructure development, the IIJA, for instance, provides planning grants for jurisdictions seeking to utilize P3 project procurement, requires projects with an estimated total cost of $750 million or more seeking either Transportation Infrastructure Finance and Innovation Act (“TIFIA”) or Railroad Rehabilitation and Improvement Financing (“RRIF”) funding to conduct a value-for-money (“VfM”) analysis, and increased the federal cap on tax-exempt private activity bonds (“PABs”) for highway or surface freight transfer facilities. See e.g., IIJA §§ 71001; 70701; 80403 [23 U.S.C. 611; 23 U.S.C. 601; 26 U.S.C. 142(m)(2)(A)].

    [29]         See John Forrer, James Edwin Kee, Kathryn E. Newcomer and Eric Boyer, Public Administration Review, Public-Private Partnerships and the Public Accountability Question (May/June 2010), 475-484, available at https://www.jstor.org/stable/pdf/40606405.pdf.

    [31]         See, e.g., N.J. Senate Bill No. 3565 (introduced Feb. 9, 2023) (proposed establishment of the Energy Infrastructure Public-Private Partnership Program); Colo. Senate Bill No. 23-035 (June 2, 2023) (CO housing authority has power to contract with private entities to facilitate P3s for affordable housing projects); Md. Prince George’s County Public Schools, First-of-Its-Kind Public-Private Partnership Delivers New Schools for 8K+ Students (Sept. 18, 2023), available at https://www.pgcps.org/offices/communications-and-community-engagement/newsroom/news/newsroom-archives/2023-2024/news-release-first-of-its-kind-public-private-partnership-delivers-new-schools-for-8k-students; Brenton Foundation and Coalition for Local Internet Choice, The Emerging World of Broadband Public-Private Partnerships: A Business Strategy and Legal Guide (May 2017), available at https://www.benton.org/sites/default/files/partnerships_0.pdf; National Science and Technology Council, National Artificial Intelligence Research and Development Strategic Plan May 2023, available at https://www.whitehouse.gov/wp-content/uploads/2023/05/National-Artificial-Intelligence-Research-and-Development-Strategic-Plan-2023-Update.pdf.

    [32]         In 1999, the U.S. General Accounting Office issued a glossary of the most commonly used terms in P3s to facilitate a better understanding of the terms as they are used. See U.S. General Accounting Office, Public-Private Partnerships, Terms Related to Building and Facility Partnerships (Apr. 1999), available at https://www.gao.gov/assets/ggd-99-71.pdf.

    [35]         See, e.g., Dominique Custos & John Reitz, Public-Private Partnerships, 58 Am. J. Comp. L. 555 (2010); NCSL Report; DOT Primer.

    [36]         See generally DOT Primer; DOT Guidebook on Financing.

    [37]         See, e.g., Denver International Airport, Great Hall After-Action Report (Aug. 9, 2022), https://www.flydenver.com/app/uploads/2024/06/greathall_AfterActionReport-2.pdf; Office of the Inspector General, City of Chicago, Report of Inspector General’s Findings and Recommendations: An Analysis of the Lease of the City’s Parking Meters (June 2, 2009), https://igchicago.org/wp-content/uploads/2011/03/Parking-Meter-Report.pdf; State of Texas, State Auditor’s Office, Audit Report on The Department of Transportation and the Trans-Texas Corridor, Report No. 07-015 (Feb. 2007), available at https://sao.texas.gov/reports/main/07-015.pdf.

    [38]         See generally supra note 37. See also Denver International Airport (Great Hall Project), City and County of Denver Auditor, Audit Report Denver International Airport Great Hall Construction (Apr. 20, 2023), available at https://www.flydenver.com/app/uploads/2023/09/greathallconstruction_Auditapril2023-1.pdf; Kevin DeGood, American Progress, When Public-Private Partnerships Fail: A Look at Southern Indiana’s I-69 Project (Feb. 15, 2018), available at https://www.americanprogress.org/article/public-private-partnerships-fail-look-southern-indianas-69-project/; Hearing, California Senate Transportation and Housing Committee, Tolls, User Fees, and Public-Private Partnerships: The Future of Transportation Finance in California? (Jan. 17, 2007), available at https://archive.senate.ca.gov/sites/archive.senate.ca.gov/files/committees/2015-16/stran.senate.ca.gov/sites/stran.senate.ca.gov/files/01-17-07Background.doc; Texas State Auditor’s Office, An Audit Report on The Department of Transportation’s Purchase of the Camino Colombia Toll Road (June 2, 2006), available at https://sao.texas.gov/reports/main/06-041.pdf. Concerns regarding P3s have been raised outside of the United States as well. See, e.g., Office of the Auditor General of Ontario, Annual Report 2014, available at https://www.auditor.on.ca/en/content/annualreports/arreports/en14/2014AR_en_web.pdf; Canadian Centre for Policy Alternatives | Nova Scotia, Many Dangers of Public-Private Partnerships (P3s) in Newfoundland and Labrador (Sept. 2020), available at https://policyalternatives.ca/sites/default/files/uploads/publications/Nova%20Scotia%20Office/2020/10/HiddendangersofP3s.pdf.

    [39]         See generally supra notes 37 and 38.

    [42]         A USP process refers to a proposal submitted by an offeror (often a P3 Consultant but can be any private entity) for a P3 project that is not in response to any RFP/Q issued by a municipal entity, obligated person, or municipal advisor on their behalf.

    [43]         See Municipal Advisor Adopting Release, 78 FR at 67509.

    [44]         See Exchange Act Rule 15Ba1–1(d)(3)(iv) [17 CFR 240.15Ba1-1(d)(3)(iv)]. See also Municipal Advisor Adopting Release for a discussion on the RFP exemption. Municipal Advisor Adopting Release, 78 FR at 67508-67509.

    [45]         See generally Answer to Question 2.1 of the MA FAQ.

    [46]         Id.

    [47]         See Municipal Advisor Adopting Release, 78 FR at 67509.

    [48]         See Exchange Act Section 15B(a)(1)(B) [15 U.S.C. 78o-4(a)(1)(B)].

    MIL OSI USA News

  • MIL-OSI USA: Congressman Dan Goldman Works to Protect American Workers from Wage Theft

    Source: United States House of Representatives – Congressman Dan Goldman (NY-10)

    American Workers Lose at Least $50 Billion Annually to Wage Theft

    Read the Bill Here

    Washington, DC – Congressman Dan Goldman (NY-10) today joined Representatives Seth Magaziner (RI-02), Mark Pocan (WI-02), Donald Norcross (NJ-01), Melanie Stansbury (NM-01), and Jill Tokuda (HI-02) in introducing the ‘Don’t Stand for Taking Employed American’s Livings (Don’t STEAL) Act.’ This legislation would make wage theft a federal felony, ensuring that these protections are in place for workers anywhere in the country.

    “It is absolutely unacceptable for any employer to take advantage of their employees,” Congressman Dan Goldman said. “American workers built the middle class, and the middle class built the foundation of this great nation. It is critical that Congress continue to stand alongside American workers in making sure they are simply paid for the work they do.”

    Wage theft costs American workers at least $50 billion per year – far more than the value of all robberies, burglaries, and motor vehicle thefts combined.

    While the vast majority of employers treat their workers fairly, a small number of bad actors often pay their workers less than promised, deny workers overtime, or steal tips. Wage theft disproportionately impacts low-wage workers, women and people of color. It harms local economies and reduces tax revenues.

    Current federal laws on wage theft give bad actors a slap on the wrist for stealing their employees’ wages, and don’t adequately serve as a deterrent.

    The ‘Don’t STEAL Act’ updates the penalties for wage theft violations to be commensurate with other forms of criminal theft under federal law:

    • Under this legislation, employers who willfully fail to pay their employees the wages they are owed, fail to compensate their employees for overtime work, or steal tips will face a misdemeanor or felony, depending on the severity of the crime. Under current law, employers who commit wage theft at most face a misdemeanor.

    • These changes will bring the penalties for wage theft to parity with other common forms of theft under federal law. Under current law, an employer who commits willful wage theft can be criminally fined no more than $10,000, but this bill would remove that cap and require bad actor employers to be fined in proportion to wages stolen.

    This legislation is endorsed by AFL-CIO; Center for American Progress; International Brotherhood of Electrical Workers (IBEW); International Brotherhood of Teamsters (IBT); International Union of Bricklayers and Allied Craftworkers (BAC); International Union of Elevator Constructors (IUEC); International Union of Painters and Allied Trades (IUPAT); Laborers International Union of North American (LiUNA); North America’s Building Trades Union (NABTU); North Atlantic States Regional Council of Carpenters (NASRCC); Operative Plasterers’ and Cement Masons’ International Association (OPCMIA); Public Citizen; Sheet Metal, Air, Rail, Transportation Workers International Association (SMART); United Association Union of Plumbers, Fitters, Welders, and Service Techs (UA); United Auto Workers (UAW); and United Food and Commercial Workers (UFCW).

    Congressman Dan Goldman has worked throughout his first term to fight for the rights of all workers.

    In June of 2023, Goldman cosponsored the ‘Job Protection Act’ to expand the Family and Medical Leave Act (FMLA) to protect millions of workers who are currently unable to take time off to care for themselves or their families. Gaps in FMLA coverage lead nearly 2.6 million workers every year who need family or medical leave to not take it because they fear they will lose their jobs if they do. 

    Last September, the Congressman cosponsored the ‘No Tax Breaks for Union Busting Act.’ This legislation would classify corporate interference in worker organization campaigns as political speech under the tax code making any money spent in these efforts non-tax deductible.

    Congressman Dan Goldman is a member of the Labor Caucus and proud cosponsor of the PRO Act.

    ###

    MIL OSI USA News

  • MIL-OSI USA: Casey Pushes for Confidential Briefing on Questions Related to Charleroi Pyrex Plant

    US Senate News:

    Source: United States Senator for Pennsylvania Bob Casey

    In letter to Senate Finance Committee Chair, Senator Casey asked for a confidential briefing from the Federal Trade Commission about the failed acquisition of Charleroi plant by private equity company that preceded eventual takeover by Anchor Hocking

    Anchor Hocking has since announced plans to close the plant, threatening over 300 jobs in Charleroi

    Casey: ‘Shutting down this factory will not only cost over 300 hardworking Pennsylvanians their jobs, but for a community of over 4,000 residents—it will be devasting to morale and to all the families who call Charleroi ‘home’”

    Washington, D.C. – Today, U.S. Senator Bob Casey, member of the Senate Finance Committee, sent a letter to Senate Finance Committee Chair Senator Ron Wyden to request a confidential briefing from the Federal Trade Commission (FTC) on questions concerning Anchor Hocking’s assumption of control over the Pyrex manufacturing operation in Charleroi. Specifically, Casey requested a briefing on the failed acquisition of Instant Brands’ Houseware division, which included the Charleroi plant, by Centre Lane Partners during Instant Brands’ chapter 11 bankruptcy proceedings in 2023. After the failed acquisition, a Centre Lane company, Anchor Hocking, assumed control of the Charleroi Pyrex plant and is now planning to close the facility.

    “After this failed acquisition, I have been informed that Anchor Hocking, a Centre Lane company, assumed control over the Charleroi Pyrex plant in March.  This raises questions, especially given the subsequent actions taken by Anchor Hocking,” wrote Senator Casey. “Earlier this month, Anchor Hocking informed the over 300 employees at the Charleroi plant that it would be closing the factory’s doors after 132 years of operations. Glass manufacturing in Charleroi has a proud legacy, and this plant has served as the backbone of this community for generations. Shutting down this factory will not only cost over 300 hardworking Pennsylvanians their jobs, but for a community of over 4,000 residents—it will be devasting to morale and to all the families who call Charleroi ‘home.’”

    Immediately upon learning of Anchor Hocking’s plans to close the plant on September 5th, Senator Casey’s office reached out to the plant’s union leadership and Charleroi Borough officials, connecting them with federal and state authorities. Casey’s office also helped convene a task force of county commissioners, borough officials, and local economic development leaders. Casey’s staff also alerted the White House Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization to the situation, leading to a plant visit by federal officials on September 11th. On September 19th, Senator Casey sent a letter to Anchor Hocking’s CEO demanding an explanation for the closure and urging the company to reconsider its actions.

    Casey has long been a fierce advocate for Mon Valley workers and businesses. Last year, Casey successfully advocated for the inclusion of the Monongahela and Allegheny Rivers as part of the U.S. Marine Highway System, which opened up new federal opportunities along the corridors that can benefit local Southwestern Pennsylvania communities like Charleroi. In November 2023, Casey pushed to increase and diversify the flow of American-made goods along major Southwestern Pennsylvania waterways. Earlier this year, he secured language in the FY 2024 spending bill l directing the Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization to convene stakeholders to discuss waterway freight diversification and economic development in the Ohio, Allegheny, and Monongahela River Corridor. This task force will help connect riverfront communities with federal resources from laws like the Infrastructure Investment and Jobs Act and the Inflation Reduction Act.

    Read the full letter HERE and below:

    September 20, 2024

    The Honorable Ron Wyden

    Chairman

    Committee on Finance

    United States Senate

    Washington, DC 20510

    Dear Chairman Wyden:

    I write to request that you, as Chairman of the Senate Committee on Finance, request a confidential briefing from the Federal Trade Commission (FTC) for both our offices on the failed acquisition of Instant Brands’ housewares division—including the Pyrex manufacturing operation in Charleroi, Pennsylvania—by the private equity firm, Centre Lane Partners (“Centre Lane”) during Instant Brands’ chapter 11 bankruptcy proceedings in 2023, and any other actions the FTC has considered related to this facility.

    After this failed acquisition, I have been informed that Anchor Hocking, a Centre Lane company, assumed control over the Charleroi Pyrex plant in March.[1] This raises questions, especially given the subsequent actions taken by Anchor Hocking.  Earlier this month, Anchor Hocking informed the over 300 employees at the Charleroi plant that it would be closing the factory’s doors after 132 years of operations.[2] Glass manufacturing in Charleroi has a proud legacy, and this plant has served as the backbone of this community for generations. Shutting down this factory will not only cost over 300 hardworking Pennsylvanians their jobs, but for a community of over 4,000 residents—it will be devasting to morale and to all the families who call Charleroi “home.”

    Yesterday, I sent a letter to the Anchor Hocking CEO demanding answers on how Anchor Hocking came to control the Charleroi Pyrex plant, as well as his decision to close it.[3] With the livelihoods of hundreds of Pennsylvanians hanging in the balance, however, we must have all the information available to demand answers and exhaust all federal avenues to fight for these Pennsylvania workers.

    Pursuant to the Hart-Scott-Rodino Act’s disclosure clause,[4] I understand the sensitivity of such matters, and I can assure you that neither I nor my staff will disclose any non-public information provided during the briefing. Thank you for your assistance in this matter.


    [1] https://www.monvalleyindependent.com/2024/09/06/glass-making-is-important-part-of-charlerois-history/

    [2] https://www.cbsnews.com/pittsburgh/news/charleroi-glassmaking-plant-shutting-down/

    [3] https://www.casey.senate.gov/news/releases/casey-to-ceo-keep-glass-plant-jobs-in-charleroi

    [4] 15 U.S.C. § 18a(h)

    MIL OSI USA News

  • MIL-OSI China: Conference held to mark 75th anniversary of diplomatic ties between China, Hungary

    Source: People’s Republic of China – State Council News

    Conference held to mark 75th anniversary of diplomatic ties between China, Hungary

    BUDAPEST, Sept. 20 — A special conference marking the 75th anniversary of the establishment of diplomatic relations between China and Hungary was held here on Friday.

    The event, organized by the Chinese Embassy in Hungary and the Hungarian-Chinese Friendship Association, featured high-level speakers, including Hungarian and Chinese officials.

    There were also panel discussions focusing on the history of bilateral cooperation, and prospects for the future.

    Chinese Ambassador to Hungary Gong Tao highlighted the two countries’ longstanding relationship.

    Looking ahead, Gong said that China is willing to further align the Belt and Road Initiative (BRI) with Hungary’s “Eastern Opening” policy.

    Janos Latorcai, deputy speaker of the Hungarian Parliament, spoke of Hungary’s early recognition of the People’s Republic of China, and the country’s involvement in the BRI.

    He also emphasized the role of civil society organizations, such as the Hungarian-Chinese Friendship Association, in fostering cross-cultural exchanges.

    Attila Hidegh, deputy state secretary for international cooperation of the Ministry of Foreign Affairs and Trade, said, “Despite the challenges posed by world politics and the global economy, our bilateral relations, based on traditional friendship and mutual respect, have undergone remarkable development.”

    On the sidelines of the conference, Judit Eva Nagy, president of the Hungarian-Chinese Friendship Association, told Xinhua that understanding between the two sides is better than before. “People become more interested in, and open to each other’s culture,” she noted.

    MIL OSI China News

  • MIL-OSI China: 2024 New Zealand-China Products Expo strengthens bilateral trade

    Source: People’s Republic of China – State Council News

    AUCKLAND, New Zealand, Sept. 20 — The 2024 New Zealand-China Products Expo kicked off in Auckland on Friday with the participation of importers and exporters from both countries.

    The three-day event, showcasing products from both China and New Zealand, aims to promote trade ties between the two countries.

    New Zealand Trade Minister Todd McClay said in his video speech at the opening ceremony that China is one of New Zealand’s most significant trading partners and New Zealand’s largest export market.

    “As trading partners, we continue to seek ways to enhance the business environment between our two countries by opening doors to exporters and reducing barriers to trade,” said McClay.

    Chinese Ambassador to New Zealand Wang Xiaolong said with the joint efforts of China and New Zealand, economic and trade cooperation between the two countries has made significant progress, with both countries being important trade partners for each other.

    The substantial trade ties between China and New Zealand have provided significant support for New Zealand’s economic development, Wang said.

    New Zealand Minister for Arts, Culture and Heritage Paul Goldsmith said that there was a growing potential to strengthen bilateral trade in the creative and culture industries.

    The China Cultural Center in Auckland showcased over 200 Chinese cultural products in the cultural and creative section at the Expo.

    Companies and organizations participating in the Expo come from diverse industry sectors, including manufacturing, household products, agriculture, food and beverage, green and new energy, tourism, logistics, media and creative industries.

    This expo is co-hosted by the Trade Development Bureau of the Ministry of Commerce of China, the China International Chamber of Commerce, and the China Council for the Promotion of International Trade Guangdong Committee.

    MIL OSI China News

  • MIL-OSI Canada: Co-chairs’ statement from the Women Foreign Ministers’ Meeting

    Source: Government of Canada News

    Following their landmark meeting in Toronto on September 19 and 20, 2024, the co-chairs, the Honourable Mélanie Joly, Minister of Foreign Affairs of Canada, and Senator the Honourable Kamina Johnson Smith, Minister of Foreign Affairs and Foreign Trade of Jamaica, issued the following statement:

    September 20, 2024 – Toronto, Ontario – Global Affairs Canada

    Following their landmark meeting in Toronto on September 19 and 20, 2024, the co-chairs, the Honourable Mélanie Joly, Minister of Foreign Affairs of Canada, and Senator the Honourable Kamina Johnson Smith, Minister of Foreign Affairs and Foreign Trade of Jamaica, issued the following statement:

    “We gathered in Toronto with women foreign ministers from around the world and reaffirmed our commitment to break down barriers and empower the next generation of women leaders.

    “We are encouraged that women’s political representation globally has doubled in the last 25 years. However, this still only amounts to around 1 in 4 parliamentary seats held by women today. 

    “We pledged to advance women’s participation in leadership and decision making and support safe and inclusive spaces for women in politics and public life. We also pledged to intentionally encourage young women across the world to enter politics and public life.

    “We are concerned with the growing hate and misogynistic discourse found online targeting women, particularly in civic spaces. The safety of online public spaces is a public good for societies and democracies as a whole, such that regulations to preserve safety and truth should not be seen as anti-transparency or anti-freedom of speech or the press.

    “We, therefore, agreed to address online, gender-based violence and prevent gendered disinformation and call on online platforms to take action and increase their accountability.

    “We discussed strategies for amplifying the voices of women and other marginalized groups, from grassroots to the highest levels of government.

    “We expressed our deepest concerns about the egregious human rights violations of women and girls in Afghanistan and call on the Taliban to restore women’s and girls’ rights to education and to meaningfully participate in public life and put an end to their draconian measures, which have erased decades of progress in women’s rights.

    “We discussed the question of gender imbalance within the UN system.

    “It is time for a woman Secretary-General.

    “We strongly encourage member states considering the nomination of a candidate for the position of the United Nations Secretary-General, to nominate women.

    “In noting that there have been only four women presidents of the UN General Assembly in the last 79 years, we believe that it is also time to pursue gender parity for this position.

    “It is within our reach to make these meaningful changes.

    “We engaged with diverse civil society representatives. They highlighted the importance of supporting women’s grassroots organizations and human rights defenders in shaping policies. We agreed to foster supportive environments for gender equality and recognized independent members of civil society as key drivers for the success and resilience of democracies.

    “Looking ahead, the year 2025 will mark the 30th anniversary of the Fourth World Conference on Women and the adoption of the Beijing Declaration and Platform for Action as well as 25 years since the unanimous adoption of United Nations Security Council Resolution 1325 on Women, Peace and Security. We cannot take these hard-fought gains for gender equality and inclusion for granted. Our collective efforts will be crucial in making sure women fully participate in shaping inclusive societies and a peaceful, sustainable and prosperous future.”

    MIL OSI Canada News

  • MIL-OSI Translation: Statement by the Co-Chairs of the Meeting of Women Foreign Ministers

    MIL OSI Translation. Canadian French to English –

    Source: Government of Canada – in French 1

    Following their historic meeting in Toronto on September 19-20, 2024, the Co-Chairs, the Minister of Foreign Affairs of Canada, the Honourable Mélanie Joly, and the Minister of Foreign Affairs and International Trade of Jamaica, the Honourable Senator Kamina Johnson Smith, issued the following statement:

    September 20, 2024 – Toronto, Ontario – Global Affairs Canada

    Following their historic meeting in Toronto on September 19-20, 2024, the Co-Chairs, the Minister of Foreign Affairs of Canada, the Honourable Mélanie Joly, and the Minister of Foreign Affairs and International Trade of Jamaica, the Honourable Senator Kamina Johnson Smith, issued the following statement:

    “We gathered in Toronto with women foreign ministers from around the world and reiterated our commitment to breaking down barriers and empowering the next generation of women leaders.

    “We are encouraged that women’s political representation around the world has doubled over the past 25 years. However, this still represents only about 1 in 4 parliamentary seats held by a woman.

    “We are committed to promoting women’s participation in leadership and decision-making, and to fostering inclusive and safe spaces for women in politics and public life. We are also committed to deliberately encouraging young women everywhere to enter politics and participate in public life.

    “We are concerned about the growing hateful and misogynistic discourse online that targets women, particularly in civic spaces. Safe online public spaces are a public good for societies and democracies as a whole, and regulations aimed at preserving safety and truth should not be seen as opposed to transparency, freedom of expression or freedom of the press.

    “We therefore agreed to counter gender-based violence online, prevent gender-based disinformation and call on online platforms to take measures to strengthen their accountability.

    “We discussed strategies to amplify the voices of women and other marginalized groups, both at the local level and at the highest levels of government.

    “We have expressed our deepest concerns about the gross violations of human rights suffered by women and girls in Afghanistan, and we call on the Taliban to restore women and girls’ rights to education and meaningful participation in public life, and to end their draconian measures that have erased decades of progress on women’s rights.

    “We discussed the issue of gender imbalance within the United Nations system.

    “It is time to appoint a woman as Secretary General.

    “We strongly encourage Member States considering a nomination for the position of UN Secretary-General to nominate a woman.

    “Noting that there have been only 4 women presidents of the United Nations General Assembly in the last 79 years, we believe that now is also the time to aim for gender parity in this position.

    “Making these significant changes is within our reach.

    “We engaged with various civil society representatives, who stressed the importance of supporting women’s community organizations and human rights activists in policy development. We agreed to foster environments that are conducive to gender equality and recognized that independent members of civil society are essential catalysts for the success and resilience of democracies.

    “The year 2025 will mark the 30th anniversary of the Fourth World Conference on Women and the adoption of the Beijing Declaration and Platform for Action, as well as the 25th anniversary of the unanimous adoption of United Nations Security Council Resolution 1325 on women, peace and security. We cannot take this hard-won progress towards gender equality and inclusion for granted. Our collective efforts will be essential to ensure that women are fully involved in building inclusive societies and a peaceful, sustainable and prosperous future.”

    EDITOR’S NOTE: This article is a translation. Apologies should the grammar and/or sentence structure not be perfect.

    MIL Translation OSI

  • MIL-OSI USA: FTC Sues Pharmacy Benefit Managers for Inflating Insulin Prices

    US Senate News:

    Source: United States Senator for Washington Maria Cantwell
    09.20.24
    FTC Sues Pharmacy Benefit Managers for Inflating Insulin Prices
    Drug pricing middlemen accused of anticompetitive practices that drive up costs for consumers who rely on common & lifesaving drug; Cantwell’s bipartisan Pharmacy Benefit Managers Transparency Act would hold PBMs accountable for deceptive practices
    WASHINGTON, DC – Today, the Federal Trade Commission (FTC) announced that the organization filed a legal action against the country’s three largest prescription drug benefit managers (PBMs)—Caremark Rx, Express Scripts (ESI), and OptumRx—for engaging in anticompetitive and unfair practices that inflated the price of insulin drugs, blocked patients’ access to more affordable products, and shifted the cost of high insulin list prices to vulnerable patients.
    U.S. Senator Maria Cantwell (D-WA), chair of the Senate Committee on Commerce, Science, and Transportation, applauded the FTC’s action.
    “Today’s FTC action against the three biggest PBMs for manipulating the price of insulin — a drug that millions of Americans cannot live without — is a big step to help patients. I know of Washingtonians who have had to choose between insulin or paying rent – while PBMs pocket billions. We cannot allow PBMs to raise prices to sky high levels. I hope the FTC will order the PBMs to stop their unfair practices that drive up insulin prices and I also hope that Congress will pass my Pharmacy Benefit Manager Transparency Act that will make PBMs’ unfair spread pricing and claw backs permanently unlawful,” Sen. Cantwell said.
    According to data from the American Diabetes Association, approximately 536,600 adults in Washington state, or 8.7% of the adult population, have been diagnosed with diabetes.
    PBMs were initially formed to process claims and negotiate lower drug prices with drug makers. Today, they administer prescription drug plans for hundreds of millions of Americans, and just three PBMs control nearly 80 percent of the entire prescription drug market. They serve as middlemen, managing every aspect of the prescription drug benefits process for health insurance companies, self-insured employers, unions, and government programs.
    Currently, PBMs operate out of the view of regulators and consumers — setting prescription costs, deciding what drugs are covered by insurance plans and how they are dispensed – pocketing unknown sums that might otherwise be passed along as savings to consumers and undercutting local independent pharmacies. This lack of transparency makes it impossible to fully understand if and how PBMs might be manipulating the prescription drug market to increase their profits and drive up drug costs for consumers.
    Sen. Cantwell introduced the Pharmacy Benefit Manager Transparency Act in May 2022 with Senator Chuck Grassley (R-IA) and has continued to advocate for increased federal oversight of PBMs, including on the Senate floor in June, in a letter to FTC Chair Lina Khan in January, and in a press conference at a Seattle pharmacy last October.
    The bill has been endorsed by more than 200 organizations across the country, including AARP. The bill also has strong bipartisan support, with 10 Republican and four Democratic cosponsors. Last March, the bill passed the Senate Committee on Commerce, Science, and Transportation, which Sen. Cantwell chairs, 18-9. The legislation awaits a full vote in the Senate.
    The Pharmacy Benefit Manager Transparency Act would:
    Prohibit unfair or deceptive practices.
    Block PBMs from engaging in spread pricing, unfairly reducing or clawing back drug reimbursement payments to pharmacies, and unfairly charging pharmacies more to offset federal reimbursement changes.

    Incentivize fair and transparent PBM practices.
    Provide exceptions to liability for PBMs that pass along 100% of rebates to health plans or payers and fully disclose prescription drug rebates, costs, prices, reimbursements, fees, and other information to health plans, payers, pharmacies, and federal agencies.

    Improve transparency and competition by requiring PBMs to report:
    The amount of money they obtain from spread pricing, pharmacy fees, and clawbacks.
    Any differences in the PBMs’ reimbursement rates or fees PBMs charge affiliated pharmacies and non-affiliated pharmacies.
    Whether and why they move drugs in formulary tiers to increase costs.

    Direct the Federal Trade Commission (FTC) to report to Congress its enforcement activities and whether PBMs engage in unfair or deceptive formulary design or placement.
    Authorize the FTC and state attorneys general to enforce the bill.
    Protect whistleblowers from being fired or reprimanded for bringing violations to light.

    In Washington state and across the nation, PBMs are contributing to a hostile business ecosystem, especially for independent community pharmacies. In 2023, the state saw the closure of 60 pharmacies and in the last 18 months a record 83 pharmacies have closed in the state. These closures have a significant impact on Washington consumers.  A recent analysis by the Associated Press found that Washington state is the 6th worst in the nation pharmacy access. There are currently only three 24-hour pharmacies open in the entire western side of the state, none of which are in Seattle.

    MIL OSI USA News