Speaker:

The temptation for things like military conquest begins to rise.

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If you look back at sort of Hitler's calculus in the 1930s, you

Speaker:

know, a lot of this desire for Lebensraum and kind of conquering

Speaker:

parts of what was then the Russian, the Soviet Union was getting

Speaker:

key resources and commodities for the German people that they couldn't

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get through other means. So, I do think that there are two very,

Speaker:

very different futures that we could be headed toward in this block-based

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economy. And I certainly hope we're in the former rather than the

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latter.

Speaker:

Imagine spending an hour with the world's greatest traders. Imagine

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learning from their experiences, their successes and

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their failures. Imagine no more. Welcome to Top Traders Unplugged,

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the place where you can learn from the best hedge fund managers

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in the world so you can take your manager diligence or investment

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career to the next level.

Beforewe begin today's conversation,

Speaker:

remember to keep two things in mind. All the discussion we'll have

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about investment performance is about the past. And past performance

Speaker:

does not guarantee or even infer anything about future performance.

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Also, understand that there's a significant risk of financial loss

Speaker:

with all investment strategies. And you need to request

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and understand the specific risks from the investment manager

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about their products before you make investment decisions.

Here'syour

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host, veteran hedge fund manager Niels Kaastrup-Larsen.

Speaker:

For me, the best part of my podcasting journey has been the opportunity

Speaker:

to speak to a huge range of extraordinary people from all around

Speaker:

the world. In this series, I have invited one of them, namely

Speaker:

Kevin Koldine, to host a series of in depth conversations

Speaker:

to help uncover and explain new ideas to make you a better investor.

Speaker:

In the series, Kevin will be speaking to authors of new books

Speaker:

and and research papers to better understand the global economy

Speaker:

and the dynamics that shape it so that we can all successfully navigate

Speaker:

the challenges within it. And with that, please welcome Kevin Coldiron.

Speaker:

All right, thanks, Niels. And welcome everyone. For me, the best

Speaker:

part of my podcasting journey has been the opportunity to speak

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to a huge range of extraordinary people from all around

Speaker:

the world.

Inthis series, I have invited one of them, namely

Speaker:

Kevin Coldiron, to host a series of in-depth conversations

Speaker:

to help uncover and explain new ideas to make you a better investor.

Speaker:

In the series, Kevin will be speaking to authors of new books

Speaker:

and research papers to better understand the global economy and

Speaker:

the dynamics that shape it so that we can all successfully navigate

Speaker:

the challenges within it. And with that, please welcome Kevin Coldiron.

Speaker:

All right, thanks, Niels. And welcome everyone.

So,over the last

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25 years the US has come to rely on economic warfare to confront

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global crises. The key to that strategy is control over chokepoints,

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areas of such vast importance that economies struggle to operate

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when access to them is cut off. But what are these chokepoints?

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Well,there's the US dollar, there's advanced semiconductor technology,

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and there's even things like services that underpin the global

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trade in oil. And today, we're going to explore the details of how

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this process operates and how the reactions to it are going to

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change the world economy.

Andwe're going to base our discussion

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around a brand new book called Chokepoints: American Power in the

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Age of Economic Warfare. The author and today's guest is Edward

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Fishman.

Edwardcurrently teaches at Columbia University School

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of International Public Affairs. He's worked in several positions

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that put him at the center of the US Effort to essentially weaponize

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the world economy. He served on the team at the US State Department

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that designed and negotiated Western sanctions against Russia

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after it annexed Crimea. And he's advised the Secretary of State.

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He's advised the Chairman of the Joint Chiefs of Staff and also

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the top sanctions officials at the U.S. Treasury Department. So,

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he's the perfect person to help kind of elucidate what's going

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on here, help us build our understanding.

EdwardFishman, thanks

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so much for joining us and welcome to the show.

Speaker:

Thanks, Kevin. Really great to be here with you today. Sure thing.

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So, my story really begins as a college student in the years after

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9/11. I was studying history and international relations. And

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you know, we learned in all of our classes that the United States

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was the most powerful country on earth. You know, we were living

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in a unipolar moment. But when I looked at the world, it just seemed

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like the United States was struggling to translate that power

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into getting what we wanted in the world.

Ithinkthe biggest sort

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of examples of that were the wars in Afghanistan and Iraq, which,

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you know, quite quickly became these quagmires that were costing

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the US untold blood and treasure with very little to show

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for it.

Andyou know, this period, sort of in the mid ‘80s,

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was sort of when Iran's nuclear program had become really

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the top national security problem that the United States was

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confronting. And you know, the United States had invaded Iraq to

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try to stop Iraq from getting a nuclear weapon. And you know, it

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was quickly found out that Iraq didn't even have a nuclear weapons

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program, whereas Iran had a real nuclear weapons program.

Andso,

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this really presented a pretty serious problem for anyone who wanted

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to work in foreign policy. How do you stop Iran from getting a nuclear

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weapon? And it was really at this time that, you know, US government

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officials started experimenting with novel forms of

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sanctions and export controls, what I would classify as economic

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warfare, as really the primary vehicle to try to stop Iran from

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getting a nuclear weapon.

So,I became really interested in

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it and was lucky enough that a week after graduating from college

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I moved down to Washington, D.C. to work for the Undersecretary

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of the Treasury for Terrorism and Financial Intelligence. So, the

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official who oversees the sanctions apparatus at the Treasury

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Department. And that wound up being sort of my entree into this

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world.

Ieventually,as you said, wound up serving at the State

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Department, where I was on the Iran sanctions team there, got to

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work on implementing the first Iran nuclear deal, the Joint Plan

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of Action, in November 2013. And then when Russia annexed Crimea,

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a few months later, In March of 2014, I shortly thereafter became

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the first Russia Sanctions Lead in the State Department's Sanctions

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Office. I was part of the team that designed and negotiated the

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sanctions on Russia.

And,you know, what these experiences taught

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me was that these tools, like sanctions and export controls and

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tariffs, they have really tremendous potential to try to advance

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American interests. But we're really just scratching the surface

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in terms of their capability, and the US Government is still not

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very well positioned to do them strategically.

So,since leaving

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government, I really devoted myself to studying these tools, trying

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to understand what makes them work when they don't work, how to

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reorganize the US Government to fight and win economic wars more

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effectively, and really to train the next generation of practitioners

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of economic warfare at Columbia, which is what I've been

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doing now for the last four years.

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So kind of like the West Point of economic warfare.

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That's our aspiration. Kevin. I think we're still probably in our

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infancy, but that would be a dream.

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Do you imagine a potential for you going back and working for the

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government again in that capacity?

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It's possible. I stay very close with folks in the US Government

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on both sides of the aisle. I've often been called in to advise

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on various matters of sanctions and economic statecraft.

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And it's possible I'd go back into government, but I also live

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in New York City. I've got two children. And so, you have to balance

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opportunities in public service also with family life as

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well.

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Right. Okay, well, thanks for that. That's a really good context.

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So let me take a step back.

Imean,the first part of the book

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is a history, a little bit, of chokepoints. And you say there that,

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you know, economic warfare is not new. And, in fact, the failures

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of economic warfare kind of are better known than its successes.

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So,could you maybe just give us an example of past economic warfare

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that failed and maybe, more generally, why we know the failures

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better than the successes and then we can kind of use that to move

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into the modern age.

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Sure, yeah, maybe one thing just to say, off the bat, is I'm

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often asked, Kevin, whether sanctions work. And I always find

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that to be kind of a strange question because no one ever asks,

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you know, does military force work? I mean, sanctions and tools

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of economic warfare, they're just tools of statecraft the same

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way that military force is. And sometimes they work, sometimes

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they don't.

Ithinkthat, inherently, economic tools are weaker

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than the use of military force. But they also present a lot

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of benefits. You're not necessarily risking human life, and

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blood, and treasure. They're usually a lot easier to deploy. They're

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sort of a midpoint between diplomacy and the use of military

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force.

Butyes, you're right that the failures of economic warfare

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are better known than the successes. And in fact, you know,

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the very first kind of canonical use of sanctions happened

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in the 5th century BC. This was when Athens, you know, Periclean

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Athens, during the golden age when Athens was sort of at the height

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of its power, imposed this wide ranging trade embargo on a neighboring

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city state called Megara. And the goal here really was deterrence.

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Itwas to show the rest of the Greek city states, and in particular

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Sparta, that Athens, because of its dominant sea power, was so

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powerful that it could basically cripple Megara's economy,

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and it was not worth ever trying to attack Athens. And the

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irony of the situation is that the sanctions really worked.

AndMegara,

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you know, I think Aristophanes, the playwright, reports

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in one of his plays that the Megarians were basically slowly starving

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because of this embargo. But the irony is that it actually encouraged

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Sparta to go to war with Athens because I think the Spartans

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saw the Athenians as reckless and that basically their power had

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to be brought to heel. And this has happened other times in

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history.

Ithink,more recently, the US oil embargo on Japan

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in the lead up to Pearl Harbor. You know, some people blame

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that oil embargo, basically, for incentivizing the Japanese to

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attack the United States. And I think probably the lesson here

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isn't that economic warfare can't work. It's that it's a really

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powerful tool, and you shouldn't use it without being serious

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about it. You got to mean it. And you have to realize that it can

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be quite aggressive and is part of an escalatory ladder that

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sometimes leads to military force.

Ithinkthe biggest change

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though, Kevin, between all of these historical examples of economic

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warfare all the way back to Athens in the 5th century BC to the

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US oil embargo on Japan in the 1940s, is that they always required

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the use of military force to implement. So, Athens was able to

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blockade Megara because of its navy, and the same was true of the

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US Navy in the 1940s.

Whathas changed, really, only in the last

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20, 25 years is that because of this hyperglobalization we saw

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in the 1990s and the creation of the chokepoints you mentioned

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before, coupled with the really extensive reach of the American

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regulatory state, we now have a situation where an official in

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OFAC, which is the Treasury Department agency that oversees sanctions,

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can effectively sign a document in an office in Washington,

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D.C. and employ sanctions and embargoes that are even more powerful

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than the ones that were implemented throughout history using

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naval blockades and UN sort of mandates.

Andso, I think that's

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the thing that's really new about today's economic warfare, is

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that it can be done through the stroke of a pen and doesn't actually

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require sending out the US Navy to implement it.

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You talk about that in the book in the sense of how really how

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recent a development that truly is. There's a character, one

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of the main characters in the book is Stuart, is it Stuart Levey?

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Stuart Levey, yeah, exactly.

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Stuart Levey. Stuart Levey, yeah. And there's a great quote from

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him where he says, well, when I started my job, in 2004, I don't

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think the National Security Advisor would have even taken my

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call. By the time I left, I could get the President to sign an

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executive order within four hours of deciding it was worth doing.

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Ithinkhe was there for less than a decade, and he accumulated

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kind of enormous influence. I was wondering maybe if we could use

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his experience as a way to talk about the evolution of the power

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of sanctions. Can you tell us about him and what were his insights

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that he had that other people hadn't in terms of the use of economic

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power?

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Yeah, Stuart Levey is kind of, I would say he's the through-line

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of the book. He's right there at the beginning and there all the

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way to the end. I call him the Zelig of the age of economic Warfare.

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I'd like that reference, by the way.

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Yeah, he appears in all these different guises. So, I hope readers

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of the book don't think that that's an exaggeration.

So,look,

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Stuart Levey was a young lawyer at the Justice Department

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on 9/11. He was in his 30s, went to Harvard Law School and was

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very, very smart and sort of had developed this understanding,

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I think, of how the private sector viewed risk. He was really

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sort of more of a inter-regulation as opposed to a

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foreign policy/national security type of a person. And, you

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know, after 9/11, he started working on terrorist financing cases

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at the Department of Justice.

Andwhen this new sort of Treasury

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Department organization, the Office of Terrorism and Financial

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Intelligence, was created in sort of the aftermath of 9 /1, Levey

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was asked to become the first head of it. And so, he was given

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this job sort of at the tail end of Bush's first term. So, this

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is in 2004.

Ithinkhe accepted it largely because he wasn't

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even sure Bush was going to be reelected. So, he said he might as

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well take a flyer on a startup and see how it goes. And so, he assumes

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this job. Of course, Bush gets reelected. And really shortly after

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Bush was reelected, I think In December of 2004, he's asked about

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Iran because by then everyone is really focused on Iran's nuclear

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program. And Bush gives this comment saying, sanctions, we've

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tried sanctions against Iran, but they haven't worked and we've

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sanctioned ourselves out of influence with Iran.

Andthere's

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Stuart Levey, a young lawyer, just taking over this new group at

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the Treasury Department who kind of takes this as a challenge

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from the President and says, well, let's see if we can make sanctions

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work against Iran.

Andwhat he really comes up with is sort of using

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some of this knowledge he had developed as a lawyer, both in private

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practice and the Department of Justice, which is that banks around

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the world make risk-based decisions in terms of who their clients

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are, who they do business with. I think up until really Levey

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's time, whenever the US was trying to get other countries on

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board with sanctions, it was always through diplomacy. It was

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going to the UN Security Council. And government, the Bush

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administration, was always frustrated that it could never get

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the UN Security Council to agree to really aggressive sanctions

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on Iran.

WhatLevey realized is, you know, he could short circuit

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that process and go directly and talk to banks around the world.

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Not just banks in the US, because the US had an embargo on

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Iran, but going to talk to banks in London, and Frankfurt, and

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Tokyo, and Hong Kong, and Dubai.

Andso, what Levey does is

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he basically creates this roadshow. He travels around, meets

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with hundreds of different banking CEOs and compliance executives,

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chief legal officers, all around the world. And what he does

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is he comes bearing these sort of like dossiers of declassified

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intelligence that shows exactly how Iran is using the international

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financial system to evade sanctions and also primarily to fund

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its nuclear weapons program, as well as its support for terrorist

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proxies like Hamas and Hezbollah.

Andthese banks, in the

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aftermath of 9/11, the last thing they want is a front page article

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in the Wall Street Journal saying that, HSBC is involved in

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funding Iran's nuclear program, or BNP Paribas is involved

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in supporting Al Qaeda. And so, from just a sheer perspective

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of reputational hazard, a lot of these banks decide it's not worth

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doing any business with Iran after meeting with Levey. But then

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as this is happening, there's also sort of an increased effort

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to actually enforce these sanctions.

Andso, some of the banks,

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of course, I think many of them do sort of get out of Iran,

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but some of them continue to do business with Iran. And what we

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wind up seeing is, you know, the scale of penalties for sanctions

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violations just goes up by an order of magnitude.

Andso, banks,

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I think, up until really the late ‘80s, I think, viewed sanctions

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violations kind of as a cost of doing business. You know, maybe

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they'd get slapped on the wrist, but it was worth it. But then

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you start seeing fines in the hundreds of millions of dollars.

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And then, by 2012, in the billions of dollars. You see a $2

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billion fine on HSBC, and then kind of this epic $9 billion fine

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on BNP Paribas in 2014.

Andso, by that point, banks really,

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they can't just sort of write off sanctions violations as a cost

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of doing business. They have to take it seriously. And basically

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what Levey does, I think if you just look at it from a macro

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level, is he conscripts the international banking system to be

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these frontline infantry officers in American economic wars.

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And so, what he does, you know, it works. Iran is really the

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focus of his efforts.

Butas we see throughout the course of this

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book, and over the last 15 years or so, this sort of these infantry

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can work, whether it's Iran or Russia or China, you know, it really

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doesn't matter. They're now conditioned based basically, the

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international financial system, to implement American sanctions.

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This is maybe going a little bit off piece, but as I was reading

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that section of the book and just listening to you make that description,

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I started thinking like, well, what type of person wants to end

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up as head of a bank now? Because you're almost, at some level,

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they're semi-state actors.

It'salmost like I'm wondering if

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your students are more likely to be running banks than, you know,

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people coming out of, I don't know, the Haas Business School, where

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I teach. People rise up through banks because of their skill

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in finance. But, you know, when you get to the very top now,

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your skill as… or I don't know if skill's the right word, but you're

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having to deal with these kind of much bigger geopolitical issues

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that have nothing to do really with core banking.

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I think that's right. I think that, you know, what we've seen,

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and I think, another macro story of the book is, it's sort of

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an ironic story, a lot of these chokepoints are created through

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financial deregulation and neoliberalism. A lot of them are

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created in the wake of the deregulatory push of the 1980s under

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Reagan and Clinton, in the ‘90s and WTO, et cetera.

Butthen

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what happens is that, after these chokepoints are created, it's

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the story of kind of the resurgence of state power - the state

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kind of reclaiming the central role over the global economy and

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saying that, you know, yes, we want banks to make money, but really,

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national security comes first and they have to be complying with

Speaker:

these laws.

Andlook, you know, I called Stuart Levey the zelig

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of the age of economic warfare. After he leaves his job

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at Treasury, he does become the chief legal officer of HSBC,

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the largest bank in Britain, and is really kind of the number

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two there, where he winds up building this massive sanctions compliance

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apparatus that becomes a gold standard that other banks emulate,

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I think with over a thousand people there.

So,I think you're

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right that geopolitics compliance with sanctions has become

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incredibly central to the banking system. And I think the story

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that we're probably going to see now, over the next five to 10

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years, is that that's going to become true in other sectors too,

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as in the technology sector. We've already seen the semiconductor

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industry taking these issues really seriously. But yeah, I think

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the banking sector is probably, you know, the tip of the

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iceberg.

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I think that's absolutely right. And that points to a world

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where it's a different form of capitalism. I don't know if we have

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a great name for it. Some people call it national capitalism.

Speaker:

We'll find out.

Thereare two points I really want to focus on

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with Iran. First, I wonder if you could explain to the listeners

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one of the key tools that I think Levey used, which was these

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escrow accounts. So basically, I think the insight was, hey, we

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can allow Iran to continue to sell oil and earn money from it,

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but we're going to prevent them from actually using the money.

Speaker:

That's exactly right, yeah, look, I think this is probably the

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most single successful sanction we've seen in modern times.

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And what winds up happening, this is actually a few years after

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Levey leaves. I think he leaves the Treasury Department in

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2011.

Bythe time he leaves, there's this interesting dynamic

Speaker:

that develops in Washington where Congress, there’s a bipartisan

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super majority in Congress for really aggressive sanctions on Iran.

Speaker:

So, you have people like Mark Kirk, who's the senator from Illinois,

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Bob Menendez, a Democratic senator from New Jersey, who are

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pushing basically any, as aggressive sanctions as they possibly

Speaker:

can against Iran.

Andso, folks in the Obama administration,

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the people who many of whom Levey had trained and cultivated

Speaker:

at the Treasury Department, start realizing, look, we need to

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figure out a way to turn up the heat on Iran even faster. And

Speaker:

the one area that Levey never really gets to touch during his tenure

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is Iran's oil sales. And that's because there's always this

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fear that Iran is a massive oil producer. They export two and

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a half million barrels of oil on global markets each day, at the

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time.

Ifyou try to take this oil off the market, first of all,

Speaker:

you probably couldn't. But even if you could, you'd cause a

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spike in oil prices that would damage the world economy, which is

Speaker:

then really at the beginning of recovering from the global financial

Speaker:

crisis of 2008.

Whatwinds up happening is Congress is saying you

Speaker:

have to do something about oil. And so some of Levey 's successors

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at Treasury, including Adam Szubin, who was his protege and became

Speaker:

the head of OFAC, as well as David Cohen, who succeeded him as

Speaker:

the head of TFI, come up with this strategy which is, we can go

Speaker:

around to banks in places like Tokyo, and in various Chinese cities,

Speaker:

in Seoul and South Korea and say, look, if you are helping process

Speaker:

a payment for Iranian oil, so if a refinery in China is buying

Speaker:

a cargo of Iranian oil, you can pay for that oil, but only if

Speaker:

it's into a Central bank of Iran account in your home country.

Speaker:

Andso, what it does is it sort of forces Iran to set up these

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bank accounts in places like China, and India, and Japan, and

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basically say, okay, well, we can accumulate our oil proceeds in

Speaker:

these countries, but we can't repatriate them to Iran. We can only

Speaker:

use them for bilateral trade in non-sanctioned goods. So theoretically,

Speaker:

they could use all of those oil proceeds if they really wanted

Speaker:

to import, I don't know, millions of toasters from China,

Speaker:

but they couldn't actually use them to buy whatever they wanted

Speaker:

around the world.

Whatwinds up happening is, because Iran honestly

Speaker:

cannot find ways to spend all of its oil proceeds in these countries,

Speaker:

within 18 months you have roughly $100 billion of Iran's oil

Speaker:

proceeds that have accumulated in these overseas escrow accounts.

Speaker:

It's really remarkable, I think, because if you think about

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it, you know, it's a unilateral sanction.

Thisis not

Speaker:

something where the UN has backed it. The EU has not backed

Speaker:

the same sanctions. This is something that is just being done,

Speaker:

you know, at the behest of the US Congress and the Treasury Department.

Speaker:

And it's working to effectively change the way that Iran

Speaker:

is getting paid for its oil.

AndI think the reason that the sanction

Speaker:

is so successful is a few of them. One is that it doesn't actually

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require Iran to stop selling oil. They continue selling oil. So,

Speaker:

you don't have the market disruption that I mentioned earlier.

Speaker:

ButI think more to the point, once you get into nuclear negotiations

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with Iran, the US Government has the ability to basically sign

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a document and repatriate money to Iran and say, okay, Iran,

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you freeze your nuclear program? Okay, take $5 billion of

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your frozen oil funds, and you can have access to them. And that's

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how the original Iran nuclear deal happens in November of 2013.

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The US agrees to unfreeze, I think roughly, around $5 billion

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of those oil proceeds. And Iran agrees to freeze its nuclear

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weapons program.

Andso, it's pretty remarkable. It's like you're

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almost taking another country's export revenue hostage

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and then getting them to stop their nuclear program in order to

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get some of it back.

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Yeah, and I want to follow up on that, because you do a good job

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of saying, at some point, it was like, okay, hey, we've reached

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the point of maximum pain with these escrow accounts. There's not

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much more squeezing we can do. So, now let's use these sanctions

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as a tool in a negotiating position.

Andso, we want them to

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end their nuclear weapons program, and we can kind of dangle

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this ending the financial sanctions, freeing up the escrow

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accounts as part of that. And that becomes a key aspect of the

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Iran nuclear deal. But then Trump comes in and basically says,

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well, the deal is off the table. And so, there's a kind of…

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Mythinking was, well, hold on. If the real value of these tools

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is that they can be used in the negotiation to say, okay, we'll

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switch off the sanctions if you agree to do what we want, but

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if those deals can then be quickly undone, doesn't that actually

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undermine their value in the first place? Because why should I

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trust that you can deliver on what you've agreed?

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Yeah, that's a really important point, Kevin. And I think

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that Trump's decision, in 2018, to unilaterally pull out of

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the nuclear deal, and by the way, this is while the International

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Atomic Energy Agency has verified that Iran is complying with

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the deal. Where the other parties of the deal, so that's Germany,

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the United Kingdom, France, China, Russia, have all said that

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Iran is complying with the deal. They're not pulling out. It

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does very significant damage, I think, to a paradigm of US sanctions.

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Theparadigm is that sanctions are a tool of behavior change. That

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basically we impose sanctions on a country, and those sanctions

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are kind of unnatural, and they're only in place until we get

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what we want. And then once we get what we want, we remove them.

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And that really had been kind of the model for sanctions up until

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2018.

Ithinkthat after Trump kind of unilaterally pulls out of

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the JCPOA, it makes it really hard for the US to credibly put forward

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sanctions as a tool of behavior change. And you do see the

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Iranian government, shortly thereafter… Well, first of all, the

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President Rouhani, who had been elected basically to deliver

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the JCPOA, is discredited, and they wind up electing a hardliner

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to replace him a couple years later.

ButI think more importantly,

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from the perspective of US national security, Iran quickly reconstitutes

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its nuclear program and builds back its program to an even greater

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extent than it had been before the nuclear deal. So, I think in

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retrospect, Trump's pull out of the JCPOA was a real, I think,

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serious foreign policy blunder. I think even hardliners

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in places like Israel, who I think had supported it at the time,

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have now come out and said that it was a big mistake.

Ithinkwhat's

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happened in the years since, Kevin, which, you know, touches on

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your point about national capitalism or what kind of new global

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economy are we moving toward, is that sanctions have become less

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a tool of behavior change and more, honestly, a tool of remaking

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the global economy itself. And I think what you're seeing today

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is sanctions on countries like Iran, Russia, China, there's not

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really a behavioralist calculus behind them. It's not clear

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what China could do to get export controls removed, or what

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Russia or Iran could do to fully be reintegrated back into the

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world economy.

Andso, we're really seeing is a lot of these tools

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like sanctions and tariffs and export controls, they're really building

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the foundations of a new economic order. One that is much

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less globalized, much more focused on geopolitics and national

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security. And I don't think we fully appreciated that. But I do

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think that 2018 and Trump's pullout of the Iran nuclear deal

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was a major turning point in that story.

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That's interesting. I mean, that seems to be like an extraordinarily

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important point, because what you're saying is we can examine the

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export controls of the sanctions, and they're kind of like

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the gray contours of what the world economy is going to look like

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over the next 5 to 10 years. It's like you're building a house

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and you're starting to put up the studs, and you can kind of see

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what the house is going to look like.

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Yes, I think that's exactly right. And if you think about it,

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I mean it's kind of a strange way to… You’ve got really do some

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mental gymnastics to get to this vision.

Butif you think about

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the ‘90s, building the globalized world economy, it was

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built really through these trade agreements like NAFTA, the

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WTO, giving China permanent normal trade relations with the US.

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It was really through bringing down barriers.

Nowthe new global

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economy, which I don't think we have a name for yet, that's being

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built is really being built through tools like sanctions and

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export controls and tariffs. It's being built through barriers.

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You know, it's sort of a different process than the process

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we saw in the ‘90s.

Andwhile the materials that we're using to

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build the house that you mentioned are different, I think

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we can't deny that's what's happening right now.

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I'd like to talk a little bit. We did sort of both alluded to the

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export controls on China and there's a couple, in the same way

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that the escrow account was an important kind of game changing tool

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on the financial side, there's a couple of other tools that the

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US has used more kind of on the physical trade side that are

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illustrated in your section on China.

So,you know, you tell the

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story of Huawei and ZTE which we actually had Chris Miller on this

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show. And so, we've talked through the importance of TSMC and

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Huawei and you talk about the CFO of ZTE. So, both Huawei and ZTE

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are telecoms equipment makers, broadly speaking. And the CFO of

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ZTE was caught with a plot to buy US Tech and then kind of resell

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it to Iran.

Andthey were fined, but then they were later found

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violating the settlement and they were hit with a “denial order”

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which almost bankrupted them within a matter of weeks. So, I was

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wondering if you could explain to the listeners what a denial order

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is and why that is such a powerful tool.

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Sure. So, up until now in our conversation, Kevin, we've been talking

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about primarily financial sanctions which the Treasury Department

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and the State Department really are the ones who are administering

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it. You know, the chokepoint that's being used there is the dollar,

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right?

It'sthe fact that the US dollar is used as kind of this

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way station in all major international transactions, or at

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least a very significant percentage of them. It's very hard

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to operate in the global economy without the dollar.

Adenialorder

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is done by the Commerce Department, and it's not focused

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on finance, it's focused on trade. And basically, what a denial

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order does, like the one on ZTE from 2018, is it tells US exporters

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that they can't sell anything to ZTE.

Andsome of the things that

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US exporters might sell to ZTE are trivial. It could be a company

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that's selling tables to ZTE for their office space, which may

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not be so painful for a company like ZTE.

Butthen there

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are other products like semiconductors, which ZTE totally

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relies on, or at the time, something like the Android operating

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system, which, if that is cut off from a phone maker or telecom

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equipment maker like ZTE, it can be really, really serious. And

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I think at the time, ZTE was really dependent on American microelectronics

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from companies like Qualcomm. And as a result, you know, they did

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almost go out of business in a matter of weeks. And they would have,

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I think, had it not been for Xi Jinping placing a phone call to

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Donald Trump and basically saying, you know, you really need

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to give ZTE a reprieve, and really kind of doing everything he

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can to get Trump to cave.

Andmy understanding, from talking

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to several people who were part of that conversation, is that

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Trump agreed to it because he thought Xi Jinping might owe him

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one down the road. And so eventually, you know, pretty quickly

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after this call, Trump instructs Wilbur Ross, the Commerce

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Secretary, basically, to come to a deal that allows ZTE to survive.

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Andso, for a lot of folks, China hawks in the first Trump administration,

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they viewed this as incredibly frustrating because it felt like

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that Xi Jinping maybe had cajoled Trump in a way that wasn't

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justified.

ButI think, on the flip side of that, these China hawks

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and the Trump administration realized that, wow, some of these

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major Chinese industrial companies that are reliant on American

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semiconductors, we can really hurt them if we cut them off from

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US products. And this was really important because I think

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sanctions, financial sanctions against China, have always been seen

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as a very significant action, something that so far, we haven't

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seen - major financial sanctions against China. But I think

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these export controls were sort of seen as, okay, well, here's

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another really aggressive tool we can use.

Andso the ZTE case,

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while it winds up being short lived, I think it provides A clue

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to people like Matt Pottinger, who was overseeing China policy at

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the Trump NSC, that this is a tool they can use to kind of spearhead

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the more competitive strategy that they wanted vis a vis China.

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And then there's another tool called the Entity List, which I think

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is kind of one level down. Can you just explain that? Because that's

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also been used.

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Yeah, that's right. The Entity List is one level down. It's also

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administered by the Commerce Department, by the Bureau of Industry

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and Security there. And what the Entity List says is that you

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can export… An example here, is that Huawei eventually is put

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on the Entity List in 2019. And what that says is you can export

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things to Huawei, but you have to seek a license first. So, It puts

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a regulatory barrier and gives… So, at the very least, it

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slows down trade with the target. But usually, the Entity List

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also comes with a presumption of denial.

So,unless there's sort

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of clear exemptions written in, it's pretty close to being as

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aggressive as a denial order. It's just less black and white. You

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know, it gives more flexibility to the Commerce Department

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to allow some licenses to be granted if they think that they're

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warranted.

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One of the things that was kind of shocking in this section

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was kind of the relationship between the US And Europe. And so,

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there's TSMC, which is the semiconductor manufacturing company,

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but of course, TSMC can't really operate without machines from

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ASML, which is the Dutch manufacturing firm that makes lithography

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machines that basically carve the chips. And it's the only company

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in the world that can make these ultra-advanced lithography

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machines. So, they themselves have become a chokepoint.

Andat

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one stage there was, I think this is in 2020, ASML was going to

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sell one of their machines to a Chinese chip maker. And there was

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actually discussions in the US that they should send the Navy to

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block the shipments.

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Yes, yeah, this is, I think, the ASML lithography machine, I think

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it's one of the best examples you can find of a chokepoint that

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exists in the sort of physical world, because you really cannot

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produce advanced chips without access to these EUV machines that

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are only made by this one Dutch company. And so, what the Trump

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administration, I think, realizes, as I mentioned just a few

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moments ago, they put the Huawei on the entity list in 2019.

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Andwhile that does do quite a bit of damage to Huawei, the company

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recovers. And they say, oh, well, we actually can continue sourcing

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chips from places like TSMC, because if you think what TSMC is

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doing, TSMC is a foundry. So, Huawei, their high silicon unit,

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is designing chips that are then are being manufactured by TSMC

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and being sent to China.

Andso, in an ideal world, the US

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Government would just get Taiwan, and the Netherlands, and

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all these other countries to agree to the same export controls

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that they have. But that's really, really hard to do. For the

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same reasons it was hard for the US to get the UN Security Council

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to back really aggressive sanctions against Iran in the early

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2000s. And so, the Trump administration kind of starts looking

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for ways that they could do this unilaterally.

Kindof similar

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to, again, Stuart Levey trying to think about how could he isolate

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Iran without getting every country in the world to agree to

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it. And what they come up with in May of 2020 is this tool called

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the Foreign Direct Product Rule or the FTPR. And what that says

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is that, you know, it's not just sort of US Companies that can't

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sell things directly to Huawei. It's if you're a foreign

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company and you're selling chips, for instance, to Huawei, you

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cannot buy products from the United States and then sell chips

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to Huawei. So, it basically gives companies like TSMC a choice.

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You can either make products for Huawei or you can buy products

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from the United States.

Andby and large, the major chip makers,

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be it TSMC, or SK hynix, or Samsung, after the Foreign Direct

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Product Rule comes out in the summer of 2020, they comply. And

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so, this winds up becoming the Trump administration's version of

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secondary sanctions. They're using the unilateral power of the

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American regulatory state and our control over technology chokepoints

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to really cripple Huawei's access to frontier technologies.

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With ASML, we could apply the FTPR to ASML.

Whathas happened,

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I think, is the company came to a gentleman's agreement with the

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Trump administration in 2020, so they didn't have to send the US

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Navy, thankfully, after the shipment. And then I think what happened

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in the Biden administration is they actually got agreement with

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the Dutch government, in 2023, to impose export controls and not

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approve the licenses for those EUV machines to be shipped to China.

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So,what kind of started as very aggressive unilateral policy

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was turned into a more sort of alliance based diplomatic policy

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under the Biden administration.

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I mean, it really underscores the fact that the US needs to have

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technological products that these other countries and companies

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need for these sanctions to be effective.

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Yes, that is very clear. I think maybe one of the dangers that

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we face, if we are moving to a world in which it's more of a state

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capitalist model (the reason that the US possesses these chokepoints),

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it's not just because of the US government, it's because of private

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industry. It's because of technological innovation. It's because

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of financial innovation, that created things like the SWIFT Network

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which was created by a consortium of banks in the 1970s,

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or the correspondent banking system was created by American banks.

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Andso, I think that in order for the US to maintain control over

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the most valuable chokepoints, we need US companies to stay at the

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frontier of innovation. And I think that applies not only to physical

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technology, like semiconductors, but also financial

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technology.

Andthat's something I explore toward the end

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of the book. We are seeing new mechanisms come up to settle cross

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border payments without using the dollar, using things like central

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bank digital currencies. And I think, you know, I'm concerned that

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the US is a laggard in some of these areas and we're not on the

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frontier the way that we were in the past.

Andso, you know, that's

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one of the challenges, I think, about where we are today.

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As we've put national security more at the foreground of our economic

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policy, we also run the risk of kind of losing control of some

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of these chokepoints over time if we're not innovating fast enough

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and getting our adversaries, frankly, hooked on our products.

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Yeah, we had Richard Holden on the show a couple months ago who's

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you know, talked about the digital currencies and how the US

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was definitely falling behind and China was on the lead there.

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But it points to this sort of irony in the sense that it was the

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kind of hyper competition of the globalized economy that led the

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US to have these world leading technology companies.

Chipmanufacturers

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moved from the integrated model to kind of offshoring or outsourcing

Speaker:

production to places like TSMC, and then focusing on chip design.

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And people said that well, we were losing our manufacturing capability,

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which is true to some extent. But then the flip side is that we’ve

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got Nvidia, and Nvidia becomes one of the most important companies

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in the world.

So,it's like when you remove that hyper competition

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of globalization, are we still going to be able to develop these

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technologies that give us the power in the first place? I suppose

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it's a question we'll find out the answer to.

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Yeah, look, I think the United States has always thrived when we've

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competed with the rest of the world. You know, and I think that's

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been a big secret to American success. People ask, why do we not

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have an industrial policy? Or why are our tariffs so much lower

Speaker:

than even European tariffs? You know, forget about the Chinese.

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Andin some sense, I think we have had blind spots on our policy.

Speaker:

We've allowed our defense industrial base, for instance, to

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atrophy, I think, and that has been a serious problem. But I think

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outside of a very sort of select group of technologies that

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are fundamental to national security and war fighting, America

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has always done better when we have opened up our economy, when

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we've competed with the rest of the world, and frankly, when we've

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allowed our companies to set international standards.

Ithinkthat's

Speaker:

really critical because the reason we can use these tools as

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a coercive mechanism against foreign countries is because foreign

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businesses rely on American finance. They rely on American technology.

Speaker:

Andif we provide an incentive for these foreign countries not to

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rely on us, or worse, if we fall behind and our products aren't

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the best in breed anymore, that's a real problem. And I think,

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to kind of go back to the Huawei example, part of the reason

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that Huawei was such a psychological shock to the American

Speaker:

national security establishment is that the reason

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it was winning market share across the world wasn't because China

Speaker:

was holding a gun to foreign government's heads and saying, buy

Speaker:

Huawei or else. It was because Huawei's technology had become best-in-class.

Speaker:

They had the best-in-class 5G kit that was being sold for 30% less

Speaker:

than the competition.

Andso, we see this now in things like clean

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energy technology, where China very clearly has the lead, and their

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lead has become such a significant problem for the United

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States that the Biden administration saw fit to impose

Speaker:

100% tariffs on the import of Chinese electric vehicles into the

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United States. And so, I think we need to be really careful about

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remembering that innovation, our technological capacity, our financial

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capacity really is what underpins American power both in

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economic warfare and more broadly.

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I know we're kind of running out of time here. And, you know,

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a lot of the book is focused on the US relationship with Russia,

Speaker:

both in reaction to the annexation of Crimea and then the

Speaker:

invasion of Ukraine. And one of the, I guess, innovations, if

Speaker:

you want to call it that, that happened after the invasion of Ukraine

Speaker:

was, I think you call it the service plus cap model.

Andthat's

Speaker:

not something that I fully appreciated, but it seemed to have

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been extraordinarily effective and kind of a backdoor way to get

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people involved who normally wouldn't want to come out and support

Speaker:

sanctions on Russia. So, I'm wondering, because it's so important,

Speaker:

if you could just explain what that is and why it's been so effective.

Speaker:

Yeah. So, after Russia's full-scale invasion of Ukraine in

Speaker:

February of 2022, the US and the rest of the G7 were intent on

Speaker:

imposing really aggressive sanctions on Russia. And I think

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one of the challenges they had was honestly similar to the challenge

Speaker:

that policymakers faced toward Iran in the early 2010s which is,

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you know, that Russia was a massive oil producer, five million

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barrels of crude oil and another two and a half million barrels

Speaker:

of petroleum products each day. And so there was, really, a

Speaker:

limit probably to how much pressure you could put on Russia

Speaker:

without going after its oil sales.

AndI think quite quickly

Speaker:

the US and the G7 hit that limit. They imposed sanctions on

Speaker:

Sberbank and VTB, which are the two largest banks in Russia.

Speaker:

Theyimpose the foreign Direct Product Rule on Russia. So, the same

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technology and semiconductor export controls that we talked about

Speaker:

with Huawei are imposed on Russia as a whole. And so, over the

Speaker:

course of 2022, you know, Russia's economy is definitely struggling

Speaker:

under these sanctions and export controls. But the war is going

Speaker:

on. And so, it's quite clear that something needs to be done about

Speaker:

Russian oil.

Andso, what the US and its allies come up with is

Speaker:

this idea of a price cap, which is that you can continue buying

Speaker:

Russian oil. So, if you're a Chinese or Indian refinery, you can

Speaker:

import Russian oil. But if you use services from companies based

Speaker:

in the G7, so, for instance, if you use Greek shipping, or British

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insurance, or American trade finance, then you can only buy that

Speaker:

Russian oil for a price below $60 a barrel. So, it effectively

Speaker:

imposes a cap on the price of Russian oil.

Andthe reason that

Speaker:

the US and its allies think that this might work is because of

Speaker:

these chokepoints that exist in energy supply chains, in particular,

Speaker:

the shipping sector, which, you know, is really dominated by

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Greece and several other European countries. The maritime

Speaker:

insurance sector, I think 95% of all oil cargoes are covered by

Speaker:

the International P&I Club, which is based in London, and then

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of course, US Dollar and trade finance.

Buteven when this price

Speaker:

cap is imposed, I think there's still some anxiety that if

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it's done too aggressively that you could see some Russian oil

Speaker:

come off the market and you could cause a spike in oil prices,

Speaker:

which is something the Biden administration is petrified about

Speaker:

because of inflation running at 40-year highs and gasoline prices

Speaker:

pretty high.

Andso, what we see is really for the first six to

Speaker:

12 months of this policy being in effect, it works really tremendously

Speaker:

well, and it cuts Russian oil revenues very substantially. But

Speaker:

sort of in the vein of the conversation we had just before about

Speaker:

where is this headed in the long term, it also creates a structural

Speaker:

incentive for Russia to build its own end-to-end oil supply chain,

Speaker:

to buy old tankers that it can use basically as a substitute for

Speaker:

the Greek shipping companies it used to use, or do sovereign guarantees

Speaker:

instead of using British insurance. And so, what happens is,

Speaker:

over time Russia does find ways around this price gap by effectively

Speaker:

indigenizing its energy supply chain.

AndI think where we are now

Speaker:

is we're at sort of an impasse because the price cap is still in

Speaker:

effect. Russia has, I think, successfully built workarounds to

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it and the Biden administration never tightened it,

Speaker:

I think, to the extent that it could be effective in the long term.

Speaker:

And so, I think one of the first big decisions the Trump administration

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is going to have to make on Russia is what to do about this policy.

Speaker:

Youknow, they could, could strengthen it pretty significantly

Speaker:

by using some of the tools we talked about with respect to Iran,

Speaker:

like the escrow accounts, I think could work very well against

Speaker:

Russia. But you know, a lot of that will come down to the prioritization

Speaker:

and whether they're going to take a risk in terms of energy prices.

Speaker:

Yeah. And you know, it's, it's led to a kind of a bifurcation in

Speaker:

the oil market, which was, for a long time, kind of the ultimate

Speaker:

globally traded commodity with a single price. And now we have multiple

Speaker:

prices. And I just was wondering if you think that is what

Speaker:

we're going to see with, with other markets around the world.

Speaker:

I think that's right. I think that you sort of hit the nail on

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the head where a barrel of oil was roughly the same price, whether

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it was coming from the Gulf of Mexico, or Saudi Arabia, or Russia,

Speaker:

up until 2022. And now you're starting to see really two oil markets.

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Yousee a market for regular oil and a market for sanctioned oil.

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And a part of the reason that countries like India and China have

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bought so much Russian oil is that they're getting it at a significant

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discount to Brent, which is the international benchmark.

AndI

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do think that, to go back to our conversation about kind of building

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this new global economy that comes after globalization, I do think

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a hallmark of it is going to be that some of these markets that

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used to look like a global commodified market become really

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geopoliticized, where there are markets for Russian commodities

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that sell for discounts, and can only go to countries that don't

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support sanctions, and then markets for commodities from countries

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that sell probably for a higher price but have a lower risk

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of incurring sanctions.

So,I do think that in many ways the oil

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market, by kind of coming under this grip of the national security

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state, points the way forward for what we're going to see in a

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lot of other markets in the years to come.

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So do you… Is your… I mean, this is kind of an unfair question,

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I guess, but I'll ask it anyway. Is your vision or view of

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the... I don't know if endgame is the right term, for where we end

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up that kind of mirrors the Cold War, where we go into like an

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Orwellian world where there's kind of three big powers that don't

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really interact very much economically? Is that where we're

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headed? I mean, you know, that's one argument, but then the

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data says that global trade has actually held up remarkably well.

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So, I don't know, where do you think we are in 10 years?

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Yeah, it's a, it's a really good question. I think that almost

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certainly we are going to see some level of kind of blocks that

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form in the global economy. I think that there are different versions

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of that future and, and we're not exactly sure where it's going

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to be.

Ithinkin the optimistic version of that future,

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you know, you really see blocks that are formed really only

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around very strategic technologies and commodities. So,

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maybe there's a semiconductor supply chain or supply chain for

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advanced semiconductors and military technology that exists only

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with the US and its allies. So, this is kind of the friendshoring

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model. And then maybe another supply chain that China and Russia

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and some of, you know, what I would call the authoritarian axis

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has.

Andmaybe in that world you wind up, actually, with a more

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stable global economy because you don't have necessarily the ability

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to coerce other countries through economic warfare and you

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feel a little bit more secure. I think part of the reason you've

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seen such, I think, hawkishness on China in the US, both

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in the Democratic and Republican side of the aisle in recent

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years, is that there's a real sense of vulnerability that we're

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reliant on China for really strategic products that we can't

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get in a crisis. And I think we felt that viscerally during the

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worst part of COVID when we couldn't even get masks because China

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kind of had produced, was producing all the world's masks.

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Ithinkthe bleaker version of that future, and it's the one that

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I'm particularly worried about with the Trump administration, if

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they do sort of go into this direction of not only sanctions and

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tariffs against China, but also against Europe and Mexico and

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Canada and other close US allies and partners, is that you

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have just a much more disorderly kind of breakdown of the

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global economy that probably doesn't happen overnight just because

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the US and China still have what, $600 billion almost in bilateral

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trade a year.

Youcan't go from that to zero overnight, but

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you start to see more shortages, more inflation. That just

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kind of becomes more of a regular part of our daily life. And

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then of course, at the end of that, where are we left? We're left

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in a situation in which countries may not be able to get

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the critical resources they need through trade. They may not

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be able to get the things they need through for sort of peaceful

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commerce.

Andwhat has happened, when that has happened

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historically is the temptation for things like military conquest

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begins to rise. You look back at sort of Hitler's calculus in the

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1930s, his desire for Lebensraum and kind of conquering

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parts of what was then the Soviet Union was getting key resources

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and commodities for the German people that they couldn't get through

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other means. So, I do think that there are two very, very different

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futures that we could be headed toward in this block-based

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economy. And I certainly hope we're in, in the former rather than

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the latter.

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Well, thanks for that. I appreciate you taking the challenge

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of answering that question. I know it's impossible to answer, but

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I think these are things we should all be thinking about. And

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the book is a great kind of entree into just a deeper understanding,

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as we said, of the contours of the new world economy that are being

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built.

Yousay, toward the end of the book, that trust once lost

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is not easily regained, and the scramble for economic security

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is underway, and we're not going back to where we were in the

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past.

So,Edward, thanks so much for writing the book and for

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taking the time to talk about your ideas with us on the show. We

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really appreciate it.

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Thanks so much for having me on, Kevin. I really enjoyed our conversation.

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Okay. The book is called Chokepoints: American Power in the

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Age of Economic Warfare. And please go out and get a copy of Edward's

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book and make sure you follow his work because I think, as you

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can tell from our conversation today, a lot of these ideas are not

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being discussed enough on mainstream media. For all of us here

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at Top Traders Unplugged, thanks for listening and we'll see

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you soon.

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Thanks for listening to Top Traders Unplugged. If you feel you

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learned something of value from today's episode, the best way

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