#298 US-China STA Renewed; Arkansas' Laws Halted; Andy Kim on Tolerance; Lisa Su; More

In This Issue #298

·       US-China Science Technology Agreement Renewed

·       Arkansas' Foreign Ownership Restrictions Halted

·       Senator Andy Kim on Tolerance and Unity

·       Time CEO of The Year: Lisa Su

·       News and Activities for the Communities

US-China Science Technology Agreement Renewed

According to the Washington Post, Reuters, Nature, Science, NBC News, and other media reports, the United States and China renewed but narrowed a long-running science and technology agreement on December 13, 2024, marking continuity in their ties while also accounting for bilateral tensions that are likely to only grow under the incoming Trump administration.  The previous agreement expired on August 27, 2024.The U.S.-China Science and Technology Cooperation Agreement, which was first signed in 1979 to enable basic research collaboration between the two countries, will be renewed for five years under altered terms that reflect the fraught reality of today’s U.S.-China relationship, according to statements from the U.S. and Chinese governments.The new version modifies the terms to account for the increased tensions between the two countries, including clarification of rules on data sharing and how to resolve disputes.With new guardrails around research security and transparency, as well as intellectual property protections, the agreement ensures that any federal science and technology cooperation with China “benefits the United States and minimizes risks to U.S. national security,” according to a State Department statement. “This Agreement does not facilitate the development of critical and emerging technologies.”The State Council of the People's Republic of China issued a statement on December 14.  The extension of the Agreement Between the United States and China on Cooperation in Science and Technology is in line with the interests of the two peoples, and is what the international community hopes to see, Foreign Ministry spokesman Lin Jian said on December 16.Many scientists are pleased. “The new agreement is a very positive step,” says Deborah Seligsohn, a political scientist at Villanova University. “It’s a signal to U.S. scientists that their government still values a bilateral relationship with China, even one with more guardrails.”Li Tang, a science policy specialist at Fudan University, calls the latest version “a win-win-win for the U.S., China, and other nations that benefit from not having to take sides” in the growing economic and political competition between the two superpowers.The new agreement also covers the safety of individual scientists. According to State Department official, “We don’t want U.S. researchers involved in an innocuous project to be caught up in a situation where some overzealous official harasses them or detains them.  We wanted to signal to Congress that we are aware of issues of arbitrary detention and exit bans in China.”Chinese observers think the concern for researcher safety should cut both ways. “Ensuring fairness and safety for Chinese researchers abroad is essential to re-establishing a stable framework for scientific exchange and joint research,” Tang says, citing the harmful effect on Chinese scientists of a campaign launched by the Trump administration to thwart Chinese economic espionage.

2024/12/16 China Daily: Sino-US sci-tech agreement extended2024/12/14 NBC News: U.S. and China renew science and technology pact amid growing rivalry2024/12/13 Washington Post: U.S. and China renew science agreement as officials brace for new tensions2024/12/13 Reuters: Biden administration inks renewed science cooperation deal with China; Republicans cry foul2024/12/13 Nature: US and China sign new science pact — but with severe restrictions2024/12/13 Science: United States and China renew science pact despite rising tensions

Arkansas' Foreign Ownership Laws Halted

On December 11, 2024, the National Agricultural Law Center reported that a U.S. District Court in Arkansas issued a preliminary injunction in favor of Jones Eagle, LLC., or Qimin "Jimmy" Chen, a naturalized U.S. citizen who lives in New York.  Chen controls the firm through Eagle Asset Holding Inc., which owns a majority stake in Jones Eagle.  The ruling prevents the state from enforcing its foreign ownership laws against the plaintiff until further notice. This followed an earlier temporary restraining order (TRO) granted to Jones Eagle, which halted Arkansas’s enforcement of its foreign ownership laws for 14 days, expiring on December 9, 2024.In its 43-page ruling, the Court found that the Arkansas laws may conflict with federal law and constitutional protections.  It rejected the state's motion to dismiss, affirming the lawsuit's jurisdiction and ripeness.The lawsuit, Jones Eagle LLC v. Ward (4:24-cv-00990), was filed on November 13, 2024, in the U.S. District Court for the Eastern District of Arkansas. It challenges Arkansas Acts 636 (2023) and 174 (2024) as unconstitutional.  The injunction was granted based on the likelihood that Jones Eagle would succeed on its claims, including arguments about preemption, equal protection, and due process violations.  The case continues with a focus on constitutional and federal preemption issues.According to Arkansas Advocate, Jones Eagle filed suit against the state, Arkansas Secretary of Agriculture Wes Ward and Attorney General Tim Griffin. The suit claims the two laws violate the Fourteenth and Fifth Amendments to the U.S. Constitution by denying due process, illegally discriminating against a person based on national origin and depriving a person of just compensation for taking property.

The plaintiff is represented by Kutak Rock LLP and Paul L. Hoffman, Director of Civil Rights Clinic, and Robert S. Chang, Executive Director of the Fred T. Korematsu Center for Law and Equality at University of California Irvine School of LawAct 636, also known as Senate Bill 383, prohibits ownership of property in Arkansas by companies or individuals connected with the Chinese government and several other countries considered adversaries of the United States. It gives the state agriculture department authority to investigate allegations of such ownership and directs the attorney general to take action to force the divestiture of the property through judicial foreclosure.Act 174, also known as Senate Bill 79, amended the law regulating digital asset mining operations, also known as data centers, and prohibits ownership by “foreign-party-controlled” interests connected to the same countries listed in Act 636.Read more about Senate Bill 383 and other state alien land bills at the Committee 100 tracker for the 2023 legislative session at https://bit.ly/4cqxFfgThe Arkansas lawsuit was discussed briefly by Ashley Gorski, Senior Staff Attorney for ACLU, during the alien land laws webinar co-hosted by the Committee of 100 and APA Justice on December 11, 2024.  In response to a question from the audience about who should be contacted by individuals impacted by state alien land laws, Gorski suggests that they may contact ACLU and her at agorski@aclu.org.Information about the about the webinar is located here: https://bit.ly/3CEWK9p.  A video recording of the webinar is posted at https://www.youtube.com/user/committee100

Committee of 100 Alien Land Laws Tracker (2024, 2023)APA Justice: Alien Land Bills2024/12/10 National Agricultural Law Center: Federal Judge Halts Enforcement of Arkansas' Foreign Ownership Restrictions2024/12/09 Jones Eagle LLC v. Ward (4:24-cv-00990): Redacted Preliminary Injunction Order2024/11/26 Arkansas Advocate: Arkansas laws targeting foreign ownership of land and data center put on hold

Senator Andy Kim on Tolerance and Unity

Newly-elected Senator Andy Kim made a poignant observation as he transitioned from the House to the Senate. Reflecting on the House chamber, he shared something that often goes unnoticed: the center aisle—the one the President walks down for the State of the Union, dividing the Republican and Democratic sides—ends at an inscription of the word "Tolerance.""Why 'tolerance'?" he asked.At first glance, tolerance might not seem particularly inspiring. The word can even sound negative, as in tolerating noise or bad behavior. That’s why political leaders often prefer terms like "unity." Why, then, isn’t "unity" inscribed in this central location? After all, the nation's motto, E Pluribus Unum (Out of Many, One), is inscribed on the Capitol Dome, a symbol of national identity.Senator Kim reflected that tolerance offers a unique path toward togetherness while still recognizing the challenges posed by differences. Unlike unity, which can sometimes suggest total agreement or harmony, tolerance acknowledges that differences exist—and that they always will. It does not suggest a melting pot where everyone is the same or a singular sense of what it means to be American. Instead, tolerance embraces the idea that our belief in freedom is more important than our discomfort with how others live their lives."Tolerance exists in the space between unity and disunity," he observed. It rejects the notion that we are enemies and instead fosters respect for one another despite our differences. Tolerance stands against separation and segregation, promoting coexistence over division.

Importantly, tolerance is not a weakness. It does not mean compromising one’s values or ignoring hate. As President John F. Kennedy famously said, "Tolerance implies no lack of commitment to one's own beliefs. Rather, it condemns the oppression or persecution of others."Senator Kim acknowledged that building a society grounded in tolerance is not easy. "How do we forge a tolerance that flows in all directions?" he asked. "I don’t claim to have all the answers. But I do think there’s value in the concept and that it should be thought of with similar rigor as we do toward unity."In reframing tolerance as an active and essential value—not merely a fallback from unity—Senator Kim reclaimed the term from its often-dismissive connotations. While unity may inspire, tolerance is the framework that allows a diverse society to function. His remarks invite a deeper engagement with the idea of tolerance, not as an abstract principle, but as a call to action for coexistence and mutual respect.

Time CEO of The Year: Lisa Su

Lisa Su 蘇姿丰, the CEO of AMD, was named Time's 2024 CEO of the Year in recognition of her transformative leadership in the semiconductor industry. Under her guidance, AMD achieved a remarkable turnaround, evolving from a struggling company with stock prices at $3 per share in 2014 to a powerhouse trading at over $130 today. Su's strategic focus enabled AMD to surpass Intel in company value and expand its influence into gaming and artificial intelligence technologies.Time highlighted Su's hands-on leadership style, noting her weekend meetings, detailed review of technical documents, and direct involvement in evaluating prototype chips. Her work ethic and innovation have positioned AMD as a major competitor in the rapidly growing AI chip sector. Su has been lauded as a trailblazer, emphasizing the critical role of semiconductors in shaping the future of AI and other technologies.Su, 55, was born in Taiwan and received her BS, MS, and Ph.D. degrees from MIT.  She is cousin of Jensen Huang 黃仁勳, founder, president and chief executive officer of Nvidia.

News and Activities for the Communities

1. APA Justice Community Calendar

Upcoming Events:2024/12/22 Rep. Gene Wu's Town Hall Meeting2025/01/05 Rep. Gene Wu's Town Hall Meeting2025/01/06 APA Justice Monthly Meeting2025/01/15 Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment2024/01/16 Master Classes: Asian American Career Lessons2025/01/19 Rep. Gene Wu's Town Hall Meeting2025/02/02 Rep. Gene Wu's Town Hall Meeting2025/02/13-15 2025 AAAS Annual Meeting2025/02/16 Rep. Gene Wu's Town Hall MeetingVisit https://bit.ly/3XD61qV for event details.

2. C100 Launches “Master Classes for Organizations: Managing Equity Initiatives”

The Committee of 100 is launching a new program under the title of “Master Classes for Organizations: Managing Equity Initiatives” where it will feature experts who will conduct tutorials on various topics related to how organizations (corporate, non-profit, government) can more effectively manage their equity initiatives.  Two classes will be held on January 15 and 16, 2025, respectively.  This program is separate from the Master Classes for Individuals programs that focus on giving advice to Asian Americans as individuals who are dealing with career ceiling issues.WHAT: “Master Class: Maintaining the Effectiveness of Organizational Equity Initiatives in the Current Environment”WHEN: January 15, 2025, 6:00 - 7:00 pm Eastern TimeWHERE: Online Webinar HOST: Committee of 100Moderator: Peter Young, CEO, Young & Partners; Committee of 100  Speakers: 

· Joyce Chang, Global Head of Research for J.P. Morgan and Executive Sponsor for J.P. Morgan Chase’s network for employees of Asian heritage (AsPIRE)

· Jenny R. Yang, Workplace Equal Opportunity Government Leader, Former Chair of the U.S. Equal Employment Opportunity Commission and Former White House, Domestic Policy Council as a Deputy Assistant to the President for Racial Justice and Equity

REGISTRATION: https://bit.ly/4iMC1B8

*****WHAT: "Master Classes: Asian American Career Lessons – Developing a Personal Brand”WHEN: January 16, 2025, 6:00 - 7:00 pm Eastern TimeWHERE: Online Webinar HOST: Committee of 100Moderator: Peter Young, CEO, Young & Partners; Committee of 100  Speaker: Jerry Won, CEO of Just Like MediaREGISTRATION: https://bit.ly/4ge4gXI

3. SoCal man pleads guilty to hate crime against Asian woman

According to AsAmNews and LA Times on December 12, 2024, a Southern California man punched an Asian American woman in the head and shouted slurs at her as she lay injured in the street. Now he has pleaded guilty to a federal hate crime.The victim, who is unnamed in the plea agreement, was walking to work in Culver City at 1 a.m. on June 14, 2021. Jesse Lindsey, 38, described as a homeless man who last lived in Fontana, approached the victim, whom he perceived to be Asian, prosecutors said."You can't say hi to a motherf— white boy?" he reportedly yelled, before punching the victim and knocking her down.  According to prosecutors, Lindsey shouted, "You hear what I said?" and referred to the woman using the N-word. "I said good morning, b—." The victim received 11 stitches for her injuries after hitting her head on the street when she fell.He is scheduled to be sentenced in March, 2025. 

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APA Justice Task Force is a non-partisan platform to build a sustainable ecosystem that addresses racial profiling concerns and to facilitate, inform, and advocate on selected issues related to justice and fairness for the Asian Pacific American community. For more information, please refer to the APA Justice website at www.apajusticetaskforce.org.As part of its continuing migration to a new website under construction, we have moved the Newsletter webpage to www.apajusticetaskforce.org/newsletters. We value your feedback about the new web page. Please send your comments to contact@apajustice.org.