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RESEND: North American Morning Briefing: Stock -2-
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The U.S. Department of Transportation awarded Spirit Airlines Inc. rights to operate flights at Newark-Liberty International Airport at the busiest times of day, capping more than two years of legal wrangling.
The dispute arose after Southwest Airlines Co. pulled out of Newark in 2019, sparking a turf war among rival airlines at the congested New Jersey hub. Low-cost airlines including Spirit saw a rare chance to expand their footprint at the airport and add flights at peak times of day, which they previously hadn’t been able to do.
Nasdaq, NYSE Win Court Battle With SEC Over Market Data
A federal court partly rejected a Securities and Exchange Commission plan to loosen the control that stock exchanges have over public market-data feeds, handing a victory to Nasdaq Inc. and the New York Stock Exchange.
In a ruling released Tuesday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit found that the SEC had exceeded its authority under federal law when it issued a 2020 order overhauling the governance of the data feeds.
Walmart Tells Suppliers New Fuel and Pickup Fees Are Coming
Walmart Inc. said it would charge some of its suppliers a new fee to transport goods to its warehouses and stores, according to a memo viewed by The Wall Street Journal, the latest example of how businesses are looking to offset rising costs for things such as transportation and fuel.
Companies that use Walmart to transport goods to the retailer’s warehouses and stores will be charged a fuel surcharge and a “collect pickup charge” starting Aug. 1, said the memo. The shift “is a result of Walmart adapting to the significant transformation and increased cost seen in the transportation industry over the past few years,” said the memo sent to suppliers last Friday.
German Manufacturing Orders Unexpectedly Rose in May
German manufacturing orders increased slightly in May, beating forecasts for a decline amid rising producer prices and supply constraints.
Manufacturing orders rose 0.1% on month in adjusted terms, according to data from the German Economics Ministry released Wednesday.
Malaysia’s Central Bank Raises Benchmark Interest Rate as Expected
Malaysia’s central bank raised its benchmark interest rate amid rising inflation and signs that the country’s economy is recovering.
Bank Negara Malaysia on Wednesday raised its overnight policy rate by 25 basis points to 2.25%. The decision was expected by all eight economists previously polled by The Wall Street Journal.
Derby’s Take: Once Again, Bond Yields Have Ominous Message on Outlook
The U.S. Treasury market sent out another warning signal about the U.S. economic outlook Tuesday.
The difference between the two-year and 10-year Treasury notes turned negative-it was at negative one basis point at 5 p.m. E.T.-and created what’s called an inversion of the yield curve. That is when the normally positive relationship between these two yields flips, and it is a key metric for market participants, as yield curve inversions have a very strong track record of predicting downturns.
Norway’s Government Ends Strike After European Gas Prices Soar
The Norwegian government stepped in to end a strike that threatened to more than halve the country’s gas exports, saying it was causing widespread risks to energy security.
Before the strike was halted, a benchmark for gas futures contracts in northwestern Europe rose as much as 14% to EUR172.88, or about $180, a megawatt-hour Tuesday, the highest level since March. Electricity prices across the region also rose, as many power plants run on gas.
OPEC Secretary-General Mohammed Barkindo Dies
Mohammed Barkindo, who transformed the role of OPEC secretary-general and oversaw an expansion of the oil-producing group’s role in the markets, has died. He was 63 years old.
Mr. Barkindo’s unexpected death on Tuesday night came just a few weeks before he was due to end his six-year tenure at the top of the Organization of the Petroleum Exporting Countries.
NATO Advances Sweden, Finland Toward Membership as Fighting Rages in Eastern Ukraine
Russian artillery pounded Sloviansk, one of Ukraine’s last lines of defense to protect the remaining Kyiv-held strongholds in eastern Ukraine, while the North Atlantic Treaty Organization on Tuesday advanced plans to add Sweden and Finland to the alliance.
Vadim Lyakh, the mayor of Sloviansk, reported “massive shelling” of the city in a Facebook post and said the central market was on fire. Pavlo Kyrylenko, head of military administration in the eastern region of Donetsk, said on Telegram that at least two people died and seven were injured.
U.N. Atomic Chief Warns of Growing Nuclear Risks
The head of the United Nations nuclear agency gave a sharp warning Tuesday about growing nuclear risks, saying that Iran’s activities risked a regional nuclear arms race and that Russia’s occupation of Ukrainian nuclear sites threatened to imperil the agency’s ability to ensure nuclear material wasn’t being misused.
In a wide-ranging speech at the Australian National University in Canberra, Rafael Grossi, the head of the International Atomic Energy Agency, warned that “we are reaching a defining moment for global nuclear nonproliferation,” in which the risks of the spread of nuclear weapons “pose a problem for everyone.”
Biden Administration Sues Arizona Over Proof-of-Citizenship Voter Law
The Biden administration on Tuesday sued Arizona, saying the state violates federal law by requiring proof of citizenship to vote for president.
In its latest challenge to Republican-backed changes to state voting procedures, the Justice Department said Arizona’s newly enacted requirement that residents provide documentary proof of citizenship would keep eligible voters from participating in certain federal elections.
U.S. State Department Names New Global Anticorruption Coordinator
The U.S. State Department has named a sanctions and nuclear weapons expert as its coordinator for global anticorruption efforts, a position created after the Biden administration pledged to fight more vigorously against corruption.
It will be a return stint at the State Department for Richard Nephew, who most recently was a senior research scholar at Columbia University’s Center on Global Energy Policy in New York, the department said on Tuesday.
Highland Park Parade Shooting Suspect Charged With First-Degree Murder
A 21-year-old man who police said fired more than 70 rounds from a rooftop into a crowd gathered for a Fourth of July parade in the Chicago suburb of Highland Park, Ill., was charged with seven counts of first-degree murder.
The suspect, Robert E. Crimo III, allegedly planned the attack for weeks and dressed as a woman to hide his identity, officials said Tuesday.
CERN’s Large Hadron Collider Scientists Reveal New Particle Discovery as Accelerator Research Resumes
The Large Hadron Collider resumed scientific operations on Tuesday after a three-year hiatus for repairs and upgrades, opening a new chapter in physicists’ longstanding quest to understand the fundamental building blocks of the universe.
The resumption came shortly after scientists with the European Organization for Nuclear Research, or CERN-the international body that operates the collider-announced that earlier research conducted at the facility revealed three previously unknown subatomic particles.
Write to nihad.ahmed@dowjones.com TODAY IN CANADA
Earnings:
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Economic Indicators (ET):
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Stocks to Watch:
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Expected Major Events for Wednesday
02:00/JPN: Jun Imported Vehicle Sales
06:00/GER: May Manufacturing orders
06:00/GER: May Manufacturing turnover
08:30/UK: Jun S&P Global / CIPS UK Construction PMI
08:30/UK: Jun Narrow money (Notes & Coin) and reserve balances
11:00/US: 07/01 MBA Weekly Mortgage Applications Survey
12:15/CAN: Jun Official International Reserves
12:55/US: 07/02 Johnson Redbook Retail Sales Index
13:45/US: Jun US Services PMI
14:00/US: Jun ISM Report On Business Services PMI
14:00/US: May Job Openings & Labor Turnover Survey
15:00/US: Jun Global Services PMI
20:30/US: 07/01 API Weekly Statistical Bulletin
23:01/UK: CBI and PwC Financial Services Survey
23:50/JPN: Jun International Reserves / Foreign Currency
23:50/JPN: Jun Provisional Trade Statistics for 1st 20 days of Month
All times in GMT. Powered by Onclusive and Dow Jones.
Expected Earnings for Wednesday
ASA Gold & Precious Metals Ltd (ASA) is expected to report for 2Q.
BeyondSpring Inc (BYSI) is expected to report $-0.24 for 1Q.
Computer Services Inc (CSVI) is expected to report for 1Q.
Educational Development Corp (EDUC) is expected to report for 1Q.
Friedman Industries (FRD) is expected to report for 4Q.
Portage Biotech Inc (PBT.U-L,PRTG) is expected to report for 1Q.
Saratoga Investment (SAR) is expected to report $0.53 for 1Q.
Simulations Plus Inc (SLP) is expected to report $0.18 for 3Q.
Trilogy Metals Inc (TMQ,TMQ.T) is expected to report for 2Q.
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ANALYST RATINGS ACTIONS
Antero Resources Raised to Buy From Hold by Truist Securities
Aveanna Healthcare Cut to Hold From Buy by Truist Securities
Crocs Raised to Buy From Hold by Loop Capital
Excelerate Energy Raised to Overweight From Equal-Weight by Wells Fargo
HP Cut to In-Line From Outperform by Evercore ISI Group
Live Nation Raised to Outperform From Neutral by Macquarie
Micron Technology Cut to Equal-Weight From Overweight by Fox Advisors
PerkinElmer Cut to In-Line From Outperform by Evercore ISI Group
Talaris Therapeutics Cut to Equal-Weight From Overweight by Morgan Stanley
(MORE TO FOLLOW) Dow Jones Newswires
July 06, 2022 06:49 ET (10:49 GMT)
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Vietnam dismisses two deputy PMs amid corruption probes
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HANOI – Vietnam dismissed two deputy prime ministers amid lengthy investigations driven by a campaign to clean up corruption and protect the Communist Party’s legitimacy.
The National Assembly voted to dismiss Deputy Prime Minister Vu Duc Dam from office during a four-day special session that began on Thursday. Mr Pham Binh Minh, who has held the position since late 2013, was also voted out.
The Parliament did not provide reasons for the dismissals. Prime Minister Pham Minh Chinh earlier on Thursday asked the National Assembly to dismiss Mr Dam and Mr Minh at their requests, VnExpress news website reported.
Of the 484 delegates who voted, 476 approved the dismissals and three did not vote, according to a tally provided by the National Assembly.
Delegates also voted to approve Minister of Natural Resources and Environment Tran Hong Ha, 59, and head of the Haiphong provincial Communist Party Tran Luu Quang, 55, to replace Mr Dam and Mr Minh.
Party officials in September stepped up efforts to prod officials to resign if they have been reprimanded, disciplined and are deemed to have low competency. Party Chief Nguyen Phu Trong has also urged timely dismissals of officials who have not been effective in their roles or have committed wrongdoings.
The dismissals come as the authorities aggressively tackle graft as part of a years-long campaign that has ensnared hundreds of officials and businessmen. The probes have defined Mr Trong’s legacy as he serves a rare third five-year term.
There were signs that this was coming for the two top-ranking officials. Late in December, the two were dismissed from the powerful party Central Committee. Mr Minh, a former foreign minister, was also dismissed from the Politburo, which plays a leading role in the country’s governance. The dismissals came at their requests, Thanh Nien newspaper reported earlier.
Police recently detained Mr Dam’s assistant on alleged abuse of power amid investigations involving Viet A Technology JSC, a maker of Covid-19 test kits. The authorities in September also detained Nguyen Quang Linh, an assistant of Mr Minh’s, and Nguyen Thanh Hai, director of the department of international relations under the government’s coordinating office, for alleged bribery tied to the organisation of repatriation flights for Vietnamese abroad during the pandemic. The authorities have begun criminal proceedings against 39 individuals tied to the case.
Criminal proceedings have been initiated against 102 individuals tied to the Viet A Technology case. In June, police detained former health minister Nguyen Thanh Long, former Hanoi mayor Chu Ngoc Anh, and a former deputy minister of science and technology for alleged ties to bribery and abuse of power in investigations involving the test kit maker.
Mr Trong has warned that corruption could put the party’s legitimacy at risk as the public grows more intolerant of graft – echoing President Xi Jinping in neighbouring China. In one of the biggest cases to date, former Vietnam politburo member Dinh La Thang was sentenced in 2018 to 18 years in prison for violating state regulations.
Vietnam, a country of roughly 100 million people, also has much to gain economically if it can bolster its image as place to do business.
During a corruption standing committee meeting on Nov 18, Mr Trong pointed to slow progress in handling some major graft cases and called for stronger actions to be taken, according to his speech posted on the government’s website.
In 2022, the authorities initiated criminal investigations of 4,646 individuals in 2,474 cases for alleged violations tied to corruption, abuse of power and economic wrongdoings. Since early 2021, the Politburo and the party have disciplined 67 officials under the management of the Politburo and the Secretariat, including five ministers and former ministers, 13 provincial chairmen and former chairmen and 20 lower-level officers.
In April, police detained Deputy Foreign Affairs Minister To Anh Dung over alleged bribery while he organised repatriation flights for Vietnamese abroad during the pandemic. BLOOMBERG
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Digging into Honeywell UOP’s Bribery Schemes in Brazil and Algeria (Part II of III)
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The facts surrounding Honeywell’s bribery schemes in Brazil and Algeria are fairly straightforward. In Brazil, the facts underscore the significant risks of bribery when companies participate in large, valuable project competitions. Global companies face significant risks when competing and seek every advantage to win a project competition.
Brazil
In 2008 and 2009, Petrobras developed the Premium Refinery project to design and construct two grassroots refineries to process heavy oil in Maranhão and Cerá, Brazil. The project had three bidding phases: technical ranking, design competition and commercial valuation. Honeywell was interested in the project as an important foothold in the Brazil oil industry.
In July 2009, Petrobras invited Honeywell UOP and a number of competitors to participate in the first phase. The companies submitted technical proposals for the project. UOP and two other companies received the highest technical scores and all three companies were permitted to participate in the second phase.
In April 2010, Honeywell searched for a sales intermediary to assist in the Premium project bid. Honeywell executives believed they needed higher-level contacts at Petrobras to win the contract. Honeywell’s account manager recommended a Brazil agent because the agent stated he had access to Petrobras’s downstream director responsible for the Premium project.
Honeywell officials submitted an internal request for approval to retain the agent and specifically represented that the agent would receive a 3 percent commission (or $12 million) if successful. The request falsely represented that the Honeywell officials knew the agent for two years and omitted the fact the agent would interact with Petrobras officials.
In May and August 2010, the agent and Honeywell’s Petrobras account manager met with a Brazilian lobbyist with close ties to Petrobras’s downstream director. Honeywell’s account manager offered the Brazilian lobbyist and Petrobras’s downstream director a portion of the sales commission (3 percent) in exchange for helping Honeywell win the Premium contract.
In a subsequent meeting, Honeywell’s account manager met with the Petrobras downstream director and the lobbyist at a shopping mall in Rio de Janeiro and they agreed that the Petrobras director would assist Honeywell win the contract in exchange for a percentage of the commission.
Honeywell secured the lead in the design context and the bidders prepared to submit their commercial proposals. Honeywell’s account manager updated his supervisors on meetings he conducted with the Petrobras director, the lobbyist and the sales agent in which he and the agent sought information on what to bid to win the commercial phase. The Honeywell account manager and his supervisors referred to Petrobras’s director as the “King” and the lobbyist as the “King’s assistant.”
Honeywell submitted a commercial bid of $425 million. A Petrobras lower level official rejected the bid as too high. Honeywell sought to get the “King” to intervene and get the “decisions up to his level in order to control.” Inb August 2010 Honeywell’s regional director pressured his supervisors to execute the sales agent agreement stating, “I want to get this back to [the sales agent] as soon as possible, because we are pushing the king to step up and intercede.” That same day, Honeywell submitted a revised commercial bid of $348 million to Petrobras based on specific guidance provided by the Petrobras director. Petrobras accepted the bid and Honeywell won the contract.
Honeywell paid the sales agent a total of $10.4 million in commissions from a U.S. bank account. The payments were made without receipt of an invoice from the sale agent. The payment requests lacked basic relevant information. Later, the sales agent wanted his commission payments routed to a Swiss bank account in a different name associated with the sales agent’s new company.
Algeria
In November 2004, Honeywell Belgium contracted with Sonatrach, Algeria’s state-owned oil company to modernize the instrumentation and control systems at a refinery in Oran, Algeria. In 2008, Honeywell renegotiated the contract. One year later, Honeywell and Sonatrach had a dispute concerning the contract and all work ceased on the project. Sonatrach believed that Honeywell Belgium should pay liquidated damages for the delay. Sonatrach’s downstream director was a key decision maker in the resolution of the dispute.
Starting in 2010, Honeywell Belgium retained a Monaco sales agent, who was subjected to due diligence review and approved. Honeywell used the sales agent to help resolve the liquidated damages dispute. Honeywell then used the sales agent to pass through various payments to a group of people who helped Honeywell secure a contract with Sonatrach. The Monaco sales agent understood this to mean the payment as possibly a bribe.
Later, in 2011, a Honeywell sales manager engaged a consultant to help resolve the problems Honeywell was having with Sonatrach. The consultant made two separate payments to the Sonatrach official, $50,000 and $25,000, respectively, from a Swiss bank account.
Sonatrach and Honeywell Belgium continued to disagree about the contract in Algeria. Sonatrach threatened to transfer the contract to another company. After making the first $50,000 payment to the Sonatrach official, Honeywell and Sonatrach agreed to modify the contract and resolve their dispute.
Two weeks later, the Monaco sales agent and a Honeywell subsidiary entered into a fictitious sales consultancy agreement where the agent would purportedly promote sales in Algeria for a 2 to 4.5 percent commission (capped at $500,000 per year). Despite not achieving any of the contractual milestones, the Monaco sales agent was paid $300,000.
The Monaco sales agent was paid to reimburse the consultant who made the two bribery payments to the Sonatrach director. The Monaco sales agent sent an invoice to Honeywell for a lump sum fee of $300,000 relating to the refinery project. Honeywell approved the invoice payment. The sales agent, in turn, repaid the consultant the $75,000 through a series of intermediary transfers involving multiple U.S. correspondent banks located in New York.
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Republicans Fume Over Cost of a Speakerless House
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GOP wants to investigate Hunter Biden, Mayorkas, and the IRS. First they have to agree on a speaker.
Joseph Simonson • January 4, 2023 6:00 pm
Subpoenaing Hunter Biden, impeaching Department of Homeland Security secretary Alejandro Mayorkas, and stopping President Joe Biden’s plan to hire thousands of IRS agents. These big ticket items were supposed to be priorities in the House agenda, but after taking power following two years of full Democratic control of the government, Republicans’ plans could be delayed for weeks, months, or indefinitely, as the party fails to find a speaker of the House.
The chaos in the Capitol is stirring ire among House Republicans, the vast majority of whom support Rep. Kevin McCarthy (R., Calif.) for the role. Republican members who spoke with the Washington Free Beacon said they were powerless to do just about anything, such as fulfilling basic constituent services or setting staff up with emails.
“If we had elected Kevin McCarthy speaker we would have already voted to defund the 87,000 new IRS agents, new border security measures, and a select committee on China,” Rep. Michael Waltz (R., Fla.) told the Free Beacon. “We would also be sending notices to the Biden administration that we’re coming for answers on the FBI, Department of Justice, the Afghanistan withdrawal, and conflicts of interest surrounding the Biden family.”
Without a House speaker, the legislative body grinds to a halt. No members can be sworn in, introduce legislation, or issue subpoenas. For all intents and purposes, the United States currently doesn’t have a House of Representatives. But the failure to find a House speaker carries political consequences as well. The longer the fight drags on, the longer Biden, who is expected to run for reelection in 2024, goes without virtually any real oversight in the form of hearings and subpoenas.
Congress has proven itself effective at inflicting damage on a president or future candidate, as evidenced by investigations into Hillary Clinton and former president Donald Trump. Clinton faced over a year of scrutiny from House Republicans for her role in the Benghazi attacks as secretary of state and her use of a private email server to conduct professional business, which only ended after she lost her second bid for president in 2016. Democrats spent nearly four years investigating Trump over every facet of his administration, resulting in two impeachments and a failed reelection campaign.
Democrats, who told voters on the campaign trail that a Republican majority would mean few bills would get passed as they investigate Hunter Biden, and Republicans agree that oversight would be a chief priority in the new Congress. One senior staffer close to the Republican Oversight Committee said members had a day-by-day plan on various Biden administration officials they planned to subpoena. That project, which was to be publicly announced on Tuesday, is now on hold.
“The people who are voting against Kevin McCarthy in the Republican conference are aiding Joe Biden, aiding [House Minority Leader] Hakeem Jeffries, and aiding [Senate Majority Leader] Chuck Schumer. Because they are the reason we are not getting about the business we set out to do,” said Rep. Mike Lawler (R., N.Y.) on Fox News on Wednesday. “When it comes to Jim Jordan’s oversight on [the Judiciary Committee], guess what? Can’t do it, because of these folks. When it comes to securing our border, guess what? Can’t do it, because of these folks. When it comes to reining in wasteful spending under the Biden administration, guess what? Can’t do it, because of these folks.”
The Republican Party’s inability to find a speaker does not look like it will be resolved any time soon. One individual close to the negotiations, who identifies as a neutral party and spoke on the condition of anonymity, said the anti-McCarthy voting bloc’s demands are untenable.
“What [Rep. Matt] Gaetz is asking for isn’t really possible if you want a functioning House,” the individual said. “McCarthy has to give everything away to make these people happy.”
The anti-McCarthy group of Republicans has made a number of demands, some publicly and others in backroom negotiations. Those demands include a vote on a number of bills including a balanced budget amendment and term limits. Rule change demands include requiring a two-thirds majority vote for all earmarks, committee spots, and a pledge from the Congressional Leadership Fund, a Republican super PAC, not to meddle in primaries.
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