Washington and Beijing have seen a lot with the reports and the success of the surveillance, which is expected to last three years. The deal continues to give the company access to the U.S. market, which supplies 25 to 30 percent of the components used in its network devices and smartphones. It is also part of a broader U.S. campaign to achieve China`s cooperation in combating the proliferation of nuclear weapons, and marks the first time a Chinese company has submitted to such scrutiny. 96 Morford Memorandum, loc. cit., note 11, at 8 (« If, for example. B a company ceases its activities in the territory which was the subject of the agreement, supervision may no longer be necessary. If a company is acquired by another company or merges with another company that has an effective ethics and compliance program, it may be advisable to stop monitoring. The plea agreement, which is subject to court approval, also requires ZTE to undergo a three-year probation period during which an independent company compliance monitor reviews and reports on ZTE`s export compliance program.
ZTE is also required to fully cooperate with the Department of Justice (DOJ) in criminal investigations conducted by U.S. law enforcement agencies. The plea agreement concludes a five-year joint investigation into ZTE`s export practices conducted by the DOJ`s National Security Division, the U.S. Attorney`s Office for the Northern District of Texas, the FBI, the BIS, and the Department of Homeland Security, and the U.S. Immigration and Customs Enforcement Homeland Security Investigations. As is the case for companies operating under advocacy agreements, ZTE has been assigned to a controller to assess compliance. James M. Stanton, a personal injury attorney in Texas, was appointed supervisor by Ed Kinkeade in the United States.
Texas district judge who oversaw the government`s lawsuit against ZTE. Problems with ZTE`s surveillance efforts, which have yet to be reported, are rooted in how a U.S. judge set up the police program in March, including interviews with more than half a dozen people familiar with the case and a review of court documents related to the plea agreement between ZTE and the U.S. government. One problem with the previous selection methods is that they did not result in a diverse pool of monitors.  For example, between 2004 and 2018, only three women and three non-white lawyers (all men) were selected by the DOJ as FCPA observers, although there were more than 45 comparisons with FCPA observers during the same period.  The DOJ appears to be alive on this issue […].