i MACAU AND HONG KONG HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION ONE HUNDRED THIRTEENTH CONGRESS FIRST SESSION THURSDAY, JUNE 27, 2013 Printed for use of the United States-China Economic and Security Review Commission Available via the World Wide Web: www.uscc.gov UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION WASHINGTON: 2013 ii U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION Hon. WILLIAM A. REINSCH, Chairman Hon. DENNIS C. SHEA, Vice Chairman Commissioners: CAROLYN BARTHOLOMEW DANIEL M. SLANE PETER BROOKES SEN. JAMES TALENT ROBIN CLEVELAND DR. KATHERINE C. TOBIN JEFFREY L. FIEDLER MICHAEL R. WESSEL SEN. CARTE P. GOODWIN DR. LARRY M. WORTZEL MICHAEL R. DANIS, Executive Director The Commission was created on October 30, 2000 by the Floyd D. Spence National Defense Authorization Act for 2001 § 1238, Public Law No. 106-398, 114 STAT. 1654A-334 (2000) (codified at 22 U.S.C. § 7002 (2001), as amended by the Treasury and General Government Appropriations Act for 2002 § 645 (regarding employment status of staff) & § 648 (regarding changing annual report due date from March to June), Public Law No. 107-67, 115 STAT. 514 (Nov. 12, 2001); as amended by Division P of the “Consolidated Appropriations Resolution, 2003,” Pub L. No. 108-7 (Feb. 20, 2003) (regarding Commission name change, terms of Commissioners, and responsibilities of the Commission); as amended by Public Law No. 109- 108 (H.R. 2862) (Nov. 22, 2005) (regarding responsibilities of Commission and applicability of FACA); as amended by Division J of the “Consolidated Appropriations Act, 2008,” Public Law Nol. 110-161 (December 26, 2007) (regarding responsibilities of the Commission, and changing the Annual Report due date from June to December). The Commission’s full charter is available at www.uscc.gov. iii July 9, 2013 The Honorable Patrick J. Leahy President Pro Tempore of the Senate, Washington, D.C. 20510 The Honorable John A. Boehner Speaker of the House of Representatives, Washington, D.C. 20515 DEAR SENATOR LEAHY AND SPEAKER BOEHNER: We are pleased to notify you of the Commission’s June 27, 2013 public hearing on “Macau and Hong Kong.” The Floyd D. Spence National Defense Authorization Act (amended by Pub. L. No. 109-108, section 635(a)) provides the basis for this hearing. At the hearing, the Commissioners received testimony from the following witnesses: Daniel Glaser, Assistant Secretary for Terrorist Financing, Office of Terrorism and Financial Intelligence, Treasury Department; A. G. Burnett, Chairman, Nevada State Gaming Control Board; I. Nelson Rose, Wittier Law School, Encino, California; James H. Freis Jr., Cleary Gottlieb Steen & Hamilton LLP; Sophie Richardson, China Director, Human Rights Watch; and Madeline Earp, Research Analyst, Freedom House. This hearing examined two of China’s special administrative regions, Macau and Hong Kong. The Commission focused on money laundering and financial fraud related to casino gambling in Macau and issues related to democracy, press freedom, and human rights in Hong Kong. We note that prepared statements for the hearing, the hearing transcript, and supporting documents submitted by the witnesses will soon be available on the Commission’s website at www.USCC.gov. Members and the staff of the Commission are available to provide more detailed briefings. We hope these materials will be helpful to the Congress as it continues its assessment of U.S.-China relations and their impact on U.S. security. The Commission will examine in greater depth these issues, and the other issues enumerated in its statutory mandate, in its 2013 Annual Report that will be submitted to Congress in November 2013. Should you have any questions regarding this hearing or any other issue related to China, please do not hesitate to have your staff contact our Congressional Liaison, Reed Eckhold, at (202) 624-1496 or via email at [email protected]. Sincerely yours, Hon. William A. Reinsch Chairman Hon. Dennis C. Shea Vice Chairman iv CONTENTS THURSDAY, JUNE 27, 2013 MACAU AND HONG KONG Opening Statement of Commissioner William Reinsch (Hearing Co-Chair) .........................................................................................................1 Prepared Statement ...........................................................................................................3 Opening Statement of Commissioner Dennis Shea (Hearing Co-Chair) .........................................................................................................6 Prepared Statement ...........................................................................................................7 Panel I: Administration Panel on Money Laundering Statement of Mr. Daniel Glaser Assistant Secretary for Terrorist Financing Office of Terrorism and Financial Intelligence, Treasury Department ............................8 Prepared Statement .........................................................................................................12 Panel I Question and Answer .............................................................................................16 Panel II: Money Laundering in Macau and Implications for the U.S. Panel II Introduction by Chairman Reinsch (Hearing Co-Chair) ........................................................................................................34 Statement of Mr. A.G. Burnett Chairman, Nevada State Gaming Control Board ..........................................................36 Prepared Statement .........................................................................................................39 Statement of Mr. James H. Freis Jr. Counsel, Cleary Gottlieb Steen & Hamilton LLP Former Director, U.S. Treasury Financial Crimes Enforcement Network (FinCEN) ...45 Prepared Statement .........................................................................................................48 Statement of Prof. I. Nelson Rose Wittier Law School ........................................................................................................57 Prepared Statement .........................................................................................................60 Panel II: Question and Answer ..........................................................................................70 v Panel III: Hong Kong: Press Freedom, Universal Suffrage, and Police Surveillance Panel III Introduction by Vice Chairman Shea (Hearing Co-Chair) ........................................................................................................92 Statement of Dr. Sophie Richardson China Director, Human Rights Watch ...........................................................................93 Prepared Statement .........................................................................................................96 Statement of Ms. Madeline Earp Research Analyst, Freedom House ................................................................................99 Prepared Statement .......................................................................................................101 Panel III: Question and Answer .......................................................................................107 1 MACAU AND HONG KONG THURSDAY, JUNE 27, 2013 U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION Washington, D.C. The Commission met in Dirksen Senate Office Building, Room 608, Washington, D.C. at 9:00 a.m., Commissioners William Reinsch and Dennis Shea (Hearing Co-Chairs), presiding. OPENING STATEMENT OF WILLIAM REINSCH HEARING CO-CHAIR CHAIRMAN REINSCH: Goo d morning, everyone. Thank you for joining us. Today's hearing on Macau and Hong Kong is the last hearing of the Commission's 2013 Annual Report cycle. Our next event will be a July 11 roundtable discussion on cyber security policy. Our roundtable event s, in which we invite experts to talk in a more informal discussion format about a specific topic, are also open to the public, and details about that will be on the Web site later on. Today's hearing will examine the two special administrative regions of China: Macau and Hong Kong. The former Portuguese colony and former British colony reverted to Chinese rule in the late 1990s, but under the agreement to grant China sovereignty over the two, they are for 50 years supposed to enjoy certain freedoms denie d to other parts of the People's Republic. My co-chair in this hearing, Commissioner Dennis Shea, will talk about Hong Kong and its guarantees of democracy, freedom of speech and the press, and other rights. And I'll outline the Commission's interest in Macau. Macau is a small island city whose most well -known characteristic is its network of legalized gambling casinos. It is the only place in the People's Republic where gambling is legal other than in state lotteries. Macau derives considerable bene fits from gambling in terms of employment and tax revenues. The $38 billion in casino revenue in Macau last year was six times that of Las Vegas. But with its bonanza of riches have come problems, some of which affect the United States. As we will hear, Macau has a lax regulatory system for its casinos, which has allowed traditional Chinese organized crime figures to operate in Macau with impunity. Of even more concern for the United States is the use of Macau's casinos for money laundering. China has s trict capital controls that restrict 2 the convertibility of Chinese currency, limit its citizens' ability to take it out of the country, and limit its use in international investment.