The Communist Party is pressuring overseas Chinese to act on its behalf. If these individuals refuse to cooperate, they are considered to have committed a crime in China. On the other hand, if overseas Chinese do collaborate with their home country, they may be in violation of U.S. laws. Non-cooperation with the Communists can lead to repercussions against the families and friends of overseas ethnic Chinese residing in China.
This touches on several areas of U.S. criminal law and international law. Here's how some of the laws could be applicable:
Extortion and Blackmail: If a foreign organization is coercing individuals in the U.S. to commit crimes by threatening harm to their families, it could potentially be charged with extortion or blackmail under 18 U.S.C. § 875 or similar statutes.
18 U.S. Code § 875 - Interstate communications
Conspiracy: Anyone who conspires to commit a crime against the U.S. could potentially be charged under 18 U.S.C. § 371.
18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States
Foreign Corrupt Practices Act (FCPA): This act is mostly directed at bribing foreign officials, but if a U.S.-based entity is aiding the foreign organization, it could fall afoul of the FCPA.
Racketeer Influenced and Corrupt Organizations (RICO) Act: RICO could apply if the foreign organization's activities can be construed as a form of organized crime that affects U.S. interstate or foreign commerce.
RICO Act. 18 U.S. Code Chapter 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS
Patriot Act: Some provisions of the Patriot Act could apply, especially if the foreign organization's activities are deemed to be a form of terrorism.
Extraterritorial Jurisdiction: U.S. laws can sometimes be applied to crimes committed by or against U.S. citizens overseas under extraterritorial jurisdiction statutes.
Extraterritorial Jurisdiction in U.S. Criminal Law
Mutual Legal Assistance Treaties (MLATs): These are agreements between two or more countries for the purpose of gathering and exchanging information in an effort to enforce public laws or criminal laws.
Mutual Legal Assistance Treaties
Interpol Red Notices: An Interpol Red Notice can be requested to locate and provisionally arrest an individual pending extradition.
United Nations Conventions: If the actions of the foreign organization are especially severe, it may fall under various UN conventions against transnational organized crime or even crimes against humanity, which could allow for international jurisdiction.
UN Conventions against Transnational Organized Crime
Given the rise of transnational crimes facilitated by technology, we could also see emerging international norms and laws that more effectively tackle such issues. Your interest in technological trends and balanced perspectives might find this avenue worth exploring.
The Communist Party, with its control of China, is directly involved in or supporting activities that involve forcing emigrants to commit crimes within the United States. Here is a breakdown:
Diplomatic Protests: The U.S. could lodge a formal protest with the foreign country, which could range from a démarche to a strongly worded statement.
Recall or Expulsion of Diplomats: Removing diplomats from either country could send a strong signal of disapproval.
International Condemnation: Rallying international partners to condemn the actions could exert pressure on the offending country.
Engagement through International Forums: Organizations like the United Nations, NATO, or other international bodies could be platforms for discussing and taking action on the issue.
Sanctions: Targeted or comprehensive economic sanctions could be imposed to economically isolate the foreign country.
Asset Freezing: Freezing the assets of key individuals involved in the activities could be another approach.
Trade Restrictions: Limiting or ending trade agreements could be considered.
Boycotts: Encouraging private sector and international partners to cease doing business with the offending country.
Extradition Requests: If individuals within the foreign country are identified as perpetrators, extradition could be sought under Mutual Legal Assistance Treaties (MLATs), if they exist between the countries.
International Warrants: Interpol Red Notices or other forms of international arrest warrants could be issued.
Legal Action through International Courts: In extreme cases, actions could be brought against the country in international courts such as the International Criminal Court, although this is often a last resort and highly political.
Shows of Force: Without engaging in outright conflict, shows of military force near the offending country could send a warning.
Covert Operations: Intelligence activities could be increased to gather more information or to undermine the activities clandestinely.
Military Intervention: This is an extreme option and would likely require significant international support and legal justification.
Normally, diplomatic approaches can work to negotiate and find common ground.
U.S. Department of State - Secretary Blinken Launches the Office of China Coordination
Office of Foreign Assets Control. OFAC Sanctions Programs
Protecting immigrants in the U.S. who are being threatened or coerced by organizations in Communist Party-controlled China is a complex task:
Granting Asylum or Temporary Protected Status: If the immigrants are being persecuted or threatened, they might be eligible for asylum under U.S. law.
Witness Protection Program: If they can provide valuable information on the foreign organization, they may qualify for witness protection.
Witness Security Program, victim services
Restraining Orders and Injunctions: Legal tools can help prevent harassment or coercion by allowing authorities to act more swiftly.
Collaboration with Foreign Law Enforcement: In this case, certain parts of China may help to mitigate the crimes of the Communist Party. There may be ways to provide protection to the immigrant's family abroad.
Digital Security Guidelines. Digital Privacy at the U.S. Border: Protecting the Data On Your Devices
State Department Consular Services
Community Support Networks: Local networks that can provide emotional and practical support.
Mental Health Services: Being subjected to coercion or threats can have severe psychological impacts that should be addressed.
Digital Security: Overseas Chinese should be trained in digital hygiene to prevent hacking, surveillance, and cyber threats.
Anonymous Reporting Tools: Platforms that allow victims to report harassment or threats anonymously can encourage more people to come forward.
Consular Assistance: The U.S. State Department could be engaged to provide diplomatic assistance, possibly involving the embassy in the country of origin.
International Human Rights Advocacy: Working through international organizations to bring attention to these issues can sometimes offer a layer of protection.
Bilateral Talks: Direct diplomatic talks focused on human rights and protections for immigrants might be an option. But the Communist Party does not honor agreements.
Emerging technologies like secure communications and blockchain can be used for secure identity verification, potentially providing an extra layer of protection for vulnerable individuals. The role of AI in monitoring and identifying potential threats or unusual activities could also be an area ripe for research and development.
Digital Security Guidelines. Digital Privacy at the U.S. Border: Protecting the Data On Your Devices
State Department Consular Services
The Communist Party is pressuring the immigrants to the USA to commit crimes under threat of harm to family. The Communists and the PLA are sending operatives to the USA to conduct attacks and make it look as if the friendly to the USA Chinese Americans did those attacks. A bit of trickery to turn most Americans against the innocent and friendly overseas Chinese and Chinese-Americans.