Latest / China Considered / Inside China’s Business World with Patrick Jenevein
Transcript
- 0:08>> Elizabeth Economy: Welcome to China Considered,
- 0:09a podcast that brings fresh insights and informed discussion to one of the most
- 0:13consequential issues of our time, how China's changing and changing the world.
- 0:17I'm Liz Economy, Hargrove Senior Fellow and co-director of the US, China and
- 0:21the World Program at the Hoover Institution at Stanford University.
- 0:25Today I have with me Patrick Jenevein, the author of a terrific new book,
- 0:30Dancing with the Cautionary Tales of the New China from an Old China Hand.
- 0:34Patrick's a Texan who, not surprisingly,
- 0:37has spent most of his life in the energy business.
- 0:40More surprisingly, perhaps most of that time was spent doing business with China.
- 0:45The book is a firsthand account of what I think was a true roller coaster ride that
- 0:49changed not only Patrick's business, but also his life.
- 0:53Patrick, it's great to have you with us.
- 0:55>> Patrick Jenevein: Thank you, Liz, it's a treat to be with you, as always.
- 1:00>> Elizabeth Economy: So, Patrick, before we get started,
- 1:02just flash the COVID of your book.
- 1:04Because it's such a great cover.
- 1:05I want people to be able to see it.
- 1:08There you go.
- 1:10And the dragon is the sort of typical emblem for China.
- 1:14Is there a reason that you decided to have that on your book?
- 1:19>> Patrick Jenevein: Yes, and it's a five toed dragon,
- 1:22which makes it an imperial dragon,
- 1:24which tells the imperial force in the PRC right now, we're paying attention to you.
- 1:30>> Elizabeth Economy: I love that.
- 1:31>> Patrick Jenevein: Very specifically, and I know you also had the book released
- 1:36on October 1, 2024, which was the 75th anniversary
- 1:41of the founding of the People's Republic of China.
- 1:45And I saw in an interview that you said it was a birthday present to the Chinese
- 1:50government.
- 1:51And I have to say, having read the book, I thought it's
- 1:54probably a present that they would like you to take back at this point.
- 1:59But we'll get to that, I think, in our discussion.
- 2:02So let me start now with your first trip to China, which was in 1995.
- 2:07Why did you go?
- 2:09Where did you go?
- 2:10What was the result?
- 2:11I mean, you already had a successful business in Texas.
- 2:14What prompted you to, you know, travel to China?
- 2:18As a young, ambitious man, we wanted to expand our business,
- 2:23we wanted to grow, and we looked at going to California.
- 2:28And Gray Davis at the time talked about Texans as Texas power Pirates.
- 2:33And a guy, Bob Falleen, that I had known from the First National Bank in Dallas,
- 2:38worked in both Shanghai and San Francisco.
- 2:41And I met with him and
- 2:42he said that the communists are much harder to deal with in San Francisco.
- 2:48That's all I needed.
- 2:49And growing up in Texas, you're used to being pushed to frontiers, or not
- 2:54necessarily pushed, but drawn to frontiers and drawn to frontier challenges.
- 2:59And natural gas, we were really good at natural gas processing.
- 3:03And a guy named Imin Jan, PhD physicist from the University of Houston,
- 3:08retired from ARCO when the price of oil dropped to $8 a barrel,
- 3:14but had grown up in Taiwan.
- 3:16And his family didn't have running water when he grew up.
- 3:20We wound up getting together to process natural gas for
- 3:23the China National Petroleum Corporation.
- 3:26That was the reason it was really interesting going out there.
- 3:30We had a couple of pilot projects.
- 3:33We needed to show that we could get equipment and personnel in, and
- 3:38that we could get personnel and money out, that worked.
- 3:42We also started a conversation with the CIA because trying
- 3:47to find out who your partner was in China at the time was very difficult.
- 3:54Had a conversation with a guy on a desk in D.C. who said,
- 3:58yes, your counterparty is who you think it is.
- 4:01We went over to China, Dallas, to San Francisco, to Tokyo,
- 4:06to Beijing, to Ulamuchi, halfway around the Northern hemisphere and
- 4:11thinking my CIA and the USCIA is telling me I'm gonna be all right.
- 4:17Well, found out that they were wrong, that there was a 50 partner.
- 4:20You can laugh about that now and I'll laugh about that now too,
- 4:23because we know better.
- 4:25But then in 1995, as a 30 something year old, I didn't know better.
- 4:31Now I do.
- 4:31I came back and talked to that analyst and at the end he said, well,
- 4:36what else do you know?
- 4:38So that started an interesting relationship.
- 4:41>> Elizabeth Economy: Right? And
- 4:41maybe we'll hear a little bit more about that a little bit later.
- 4:45But you know, a lot of your book is about the challenges that you faced and
- 4:50they were, you know, significant.
- 4:52But you also had some significant successes.
- 4:55What do you consider to be your biggest success?
- 4:58Because you had a number of different ventures over the course of your,
- 5:02you know, two and a half decades or so.
- 5:04>> Patrick Jenevein: Well, the success that matters is that we built
- 5:08relationships with Chinese and we made money together.
- 5:13And if you're making money together,
- 5:16you're creating jobs, you're raising everybody's boat.
- 5:19And there's an affair of the tides of men which taken to the flood leads to riches.
- 5:24Well, we did that.
- 5:25We saw that we were doing good things for Chinese.
- 5:29We were making money doing it.
- 5:31Some of the emissions from our natural gas fire power
- 5:35plants was actually cleaner than the air many Chinese breathe.
- 5:39Your book, the River Runs Black at that time was a really important book for
- 5:44me to be able to read because you qualified it, you researched it, and
- 5:49you contextualized a lot of what you did that helped people like me know we were
- 5:54doing the right thing, knowing that we were moving the right direction,
- 5:59putting our business in a position to do good and to do well by doing good things.
- 6:06>> Elizabeth Economy: So, I mean,
- 6:07that's a great sort of very positive take on your engagement there.
- 6:13And you've written a lot about what it was like negotiating with the Chinese and
- 6:17with the Communist Party representatives that were both from the government and
- 6:21also, you know, in the state owned enterprises that you were working with.
- 6:25You know, as you think back to that sort of negotiating style and process,
- 6:30you know, how much similarity was there between the way that Americans might
- 6:34negotiate, the kinds of deals that you were doing and what you saw and
- 6:38what you dealt with from the Chinese side in terms of, you know,
- 6:42the style and the method and the tactics and strategies.
- 6:46Did you feel at home in terms of sort of working with your Chinese counterparts,
- 6:51or was it just an entirely new world?
- 6:54>> Patrick Jenevein: It was entirely new.
- 6:57One of our very first pilot projects was in Kalamai,
- 7:03so far Western China, in Xinjiang,
- 7:07where the Communist Party is abusing Uyghurs.
- 7:14We were going to provide a natural gas processing plant.
- 7:18So when natural gas comes out of the ground, it's gaseous.
- 7:21If you cool it or put a little pressure on it, you can liquefy it.
- 7:25And then if it's liquefied, then people can carry it around and
- 7:29in small tanks that you can put on the back of a bicycle.
- 7:34So here we were pushing that idea forward and China National Petroleum Company
- 7:41very shrewdly paired us against the Canadian firm and
- 7:46gave us essentially identical contracts are identical task.
- 7:51We got ours, we negotiated.
- 7:54I left Kalamayi thinking that we were done, Imeen.
- 8:00Dr Jan, my partner, stayed and when by the time I got home,
- 8:05they had changed the deal completely.
- 8:08So I sent him a fax and put confidential, you know, in big letters
- 8:14on the top to make sure that the Communist party people read it before imin.
- 8:20So here, it was almost like playing bridge where you're bidding across
- 8:25the table without saying everything.
- 8:27You think so confidential, you mean?
- 8:33You've pushed our company into a position that we cannot strategically hold.
- 8:37We've already invested so much, we can invest more.
- 8:41The engineer from CNPC have out negotiated you.
- 8:47So there was a lot that was in there that complemented the CNPC
- 8:52engineers gave them a face showed that they had crushed an American
- 8:58businessman in negotiating, which interestingly gave
- 9:03them more flexibility in the future for us to work together.
- 9:08So those ideas of face were fascinating
- 9:14to learn, another quick example.
- 9:19Our second pilot project was a gas fire, small gas fire,
- 9:23electricity generating project for a Chinese company that made carbon black,
- 9:29which generated for hard currency for
- 9:32them foreign currency reserves at the time when China needed it to get paid.
- 9:38Our young engineer, Gao Yang, who had been one of
- 9:43the most successful engineers of the Onomuchi grid,
- 9:48she was one smart hardworking lady.
- 9:53And the other folks in the utility didn't like how hard she worked because it
- 9:58made them look bad.
- 9:59So when she had the chance to work with a foreign company, ours,
- 10:04she did well, she would go to Kula.
- 10:06You should have to take a train from Ulamuchi to Kula, and
- 10:11then take a cab to the place and come with a briefcase and an invoice,
- 10:16and she'd get paid in cash, and then she would reverse the trip.
- 10:21Well, then the Kula or the carbon black plant started slow paying her and
- 10:26the general manager who could pay her started to be gone on trips.
- 10:31And one day, she just slammed that briefcase down on his desk in front of
- 10:36a lot of other people.
- 10:37I wasn't there, I heard this story and said, you're not treating us right.
- 10:42Well, that gave him face.
- 10:45He had shown in front of all those people that he was doing a good job for
- 10:50China and the Communist Party.
- 10:54>> Elizabeth Economy: So were these things that you picked up along the way,
- 10:57this idea of giving your Chinese interlocutor space, or was there a primer
- 11:03that you read before you went to China, like how to negotiate with the Chinese?
- 11:08>> Patrick Jenevein: Well, you introduced me to Lucian PI's idea, so
- 11:13reading your work, reading Lucian's work helps contextualize what you're doing.
- 11:20But then, getting back to the end part of the question, we started to answer.
- 11:25Eventually, you understand that the Communist party is the one
- 11:29that's negotiated with you, whether directly or not.
- 11:33Because the Communist party reserves the right to make or
- 11:36the privilege to make every decision in China, whether it's prospective,
- 11:41current, or even retrospectively.
- 11:44The Communist Party can change decisions, you know that, you've seen that, but
- 11:49a lot of Americans don't appreciate that, whether they're in business or government.
- 11:54And we're in business, we're negotiating and
- 11:58running joint operations with Communist party controlled outfits every day,
- 12:04we're making decisions every day, and it's the same outfit.
- 12:09So there's, there's much more overlap than a lot of our, our diplomat,
- 12:13our diplomats that are there all the time understand that.
- 12:17But the elected officials have a hard time keeping up with that lesson.
- 12:24And so your book and Lucian's book or your books actually help.
- 12:29There's no questioning that.
- 12:32For me, because I'm a slow learner, maybe I have to go and
- 12:37actually learn lessons myself the hard way, one quick story.
- 12:42Start on that, we were in Dunhuang, and
- 12:45we were going to build a natural gas firepower plant that used a jet engine.
- 12:51Put the jet engine on the ground and a generator behind it.
- 12:54You feed it with a whole lot of natural gas, it spends really,
- 12:57really fast, which turns the generator really, really fast,
- 13:00which spits out a whole lot of electricity.
- 13:02But as soon as you take a jet engine into China, whether you put it on the ground or
- 13:07on an airplane or in a helicopter, you wind up working with
- 13:10the Aviation Industry Corporation of China, whether you expected to or not.
- 13:15It's divergent, you don't have a choice.
- 13:19Well, a guy named Mr. Joe, who's older than I,
- 13:23had been Deng Xiaoping's advisor of jet engines and
- 13:28rockets, and he was the lead AVOC guy.
- 13:31And here, we get through this initial meeting, and
- 13:35then we agree to break up into working groups.
- 13:39And I think, I assume,
- 13:40I'm going with the working group because that's where my mind is focused.
- 13:46And he mean the PhD physicists of no,
- 13:49you're going to go ride camels with Mr. Joe.
- 13:53Ride camels?
- 13:55Yes.
- 13:55And you're going to go out into the sand dunes and get on a camel and
- 13:59you're going to go out to a, a Buddhist monastery.
- 14:02Have fun.
- 14:03Really? I don't, I need to work.
- 14:05He says, no, I'll be fine without you.
- 14:07We can catch up.
- 14:09So I made a few mistakes.
- 14:11You're growing up in Texas, I know how to ride a horse.
- 14:14So a camel is just another long-legged, tall beast that you get on and ride.
- 14:18And it starts from an awkward position where the camel's on the ground and
- 14:23then lurches up.
- 14:24Well, I can ride that minutes, it's an animal.
- 14:28My mistake was that I was on the bigger camel in the front of the line and
- 14:34Mr. Joe was behind me.
- 14:36The worst mistake I made, that was turning around and
- 14:40looking at the camel that Mr. Joe was on as it was rising.
- 14:43And poor Mr. Joe's white-knuckle in the pommel,
- 14:49and that's bad enough, but
- 14:52I saw fear in his eyes and he did not like that.
- 14:57And to compound my already grievous error,
- 15:02there were witnesses, people took a picture of this event.
- 15:08So now, Joe's embarrassed, and he know and
- 15:11everybody else around him knows he was embarrassed.
- 15:16So that night he invites me to play Snickers.
- 15:19It's a pool table game.
- 15:21And with crowd of his minions up against one wall,
- 15:26he proceeded to beat me soundly,
- 15:29which allowed him to regain face at my expense.
- 15:34But I didn't care.
- 15:36Yeah.
- 15:37In Texas, you could call me what you want, what can you do is what matters, right?
- 15:43So anyway, there were plenty of opportunities to learn.
- 15:48>> Elizabeth Economy: Yes.
- 15:49>> Patrick Jenevein: Even though I could have.
- 15:50Even though I should have been able to from reading your books, but
- 15:53I still had to take those ones.
- 15:55>> Elizabeth Economy: No, no, for sure.
- 15:56I think that nothing beats on the ground experience.
- 16:00So no book is equal to that.
- 16:04So I want to talk about what I saw as one of your sort of
- 16:09biggest successes in China.
- 16:11And that was your partnership actually with AVIC on HT Blade, right?
- 16:17So how did that partnership come about?
- 16:21You mentioned Mr Zhou and this experience you just had with the jet engines.
- 16:27But how did you decide to partner?
- 16:29And what was this HT Blade?
- 16:31What was this joint venture?
- 16:33>> Patrick Jenevein: Well, at the plant ding Wong, where Mr Joe and
- 16:37I rode camels, we wound up making that power plant work.
- 16:41That's a long story.
- 16:42But we made it work.
- 16:43And we met good people.
- 16:46They were good in that they wanted to do what they said they would do.
- 16:49They wanted to do well for themselves, for their company, for their country.
- 16:54They were honest, they were smart, they were hardworking, and we'd like that.
- 17:00And these were great people to work with.
- 17:03We could talk about that a long time.
- 17:04But back to your question.
- 17:06Once we got that Dunhuang plant up and running, the jet engine on the ground,
- 17:11working with Havoc, then Sing John Wind Energy company found us and
- 17:15said, would you build a gas fired power plant on our wind farm.
- 17:19So that the wind farm can deliver electricity even when the wind's
- 17:24not blowing?
- 17:25Great idea [COUGH] it's really hard to make that work contractually.
- 17:31Insurance finance is a problem, but
- 17:34we could figure out how to use project finance to build wind farms.
- 17:39That part wasn't that hard.
- 17:41Getting that started in China was hard because China had not done it before.
- 17:47Fast forward Wu Gang, who was the chairman of Jingfeng or Goldwyn.
- 17:54We actually had dinner in Dallas at the Dallas Petroleum Club.
- 17:59And I outlined, here's the business plan that you need to have for
- 18:02Goldwyn to be able to have success in the United States.
- 18:06And he did it.
- 18:06He executed it and did a great job.
- 18:10Anyway, we started to finance windfar or
- 18:14build project finance in China for Chinese companies.
- 18:19And we were working with GE on that too, because GE wanted to sell turbines.
- 18:22It made a lot of sense for everybody.
- 18:24But then bombing the Chinese embassy in Belgrade and
- 18:28having warplanes collide over Hainan Dao or
- 18:31Hainan island are acts of war, and it leaves some project finance folks.
- 18:37Those are acts of war and acts of war and project finance repel.
- 18:40I mean, they're antithetical to one another.
- 18:44So, after my strength is finance and
- 18:47being able to put projects together, develop projects.
- 18:51But we figured, we're our Patrick's project finance ideas are toast.
- 18:57But here we were working with people we liked at Avic and it was April 1,
- 19:032001, when we were supposed to have a meeting about project finance.
- 19:10And one of those acts of war happened, and frankly,
- 19:14we went to lunch early and started drinking.
- 19:18[COUGH] but by the end of it.
- 19:20Well, sorry, but that's true.
- 19:25By the end of that was April 2001, and by the end of the year,
- 19:29we were making blades for wind turbines.
- 19:31And HT is H is the Chinese better than I do.
- 19:37Hong for aviation and Tong for
- 19:42our T for our company.
- 19:46[COUGH] so Havoc knew how to make airfoils, propellers for
- 19:52engines, blades or helicopters, wings or airplanes.
- 19:57Blade for a wind turbine is just a kind of airfoil.
- 20:02So we said, avoc we know the wind business.
- 20:05You know how to make airfoils.
- 20:07We've got a great relationship going.
- 20:10We know how to work with each other in ways that are beneficial to both of us.
- 20:15Let's start a company, make blades,
- 20:17wind turbines from that April lunch to seven years later was the biggest.
- 20:23The second biggest wind farm wind blade maker in the world and
- 20:27the biggest in China.
- 20:29That's a short story on how you got there sorry.
- 20:32>> Elizabeth Economy: Yeah, no, that's and that's, I think, for me, in any case,
- 20:36that was the high point.
- 20:37[LAUGH] as I was reading the book.
- 20:40>> Patrick Jenevein: Well, we were gonna.
- 20:41We were gonna take that company public for $1.8 billion.
- 20:44>> Elizabeth Economy: Yeah, that would have been the high point.
- 20:46We could get to why that didn't happen.
- 20:48We can get to why that didn't happen.
- 20:51But to begin with, then you decided, and AVIC decided,
- 20:54right to expand the partnership, right.
- 20:57And to move into thinking about what you could do in the United States.
- 21:02And that's, I think, when things started to unravel, right?
- 21:08>> Patrick Jenevein: That wasn't the well,
- 21:09the start was really Xi Jinping's ascension.
- 21:12We decided, so here in Texas, we decided for us to make sure this IPO for
- 21:18$1.8 billion, initial public offer goes swimmingly,
- 21:23we need to be able to show that we're selling blades around the world.
- 21:28So our company, Tong Energy, started another company called Soaring Wind Energy
- 21:33to develop wind farms around the world.
- 21:35And we built a Wind Farm, Nebraska.
- 21:38And we went to GE and said, hey,
- 21:40GE, we want to buy about $100 million worth of your wind turbines.
- 21:44Are you interested?
- 21:45And even GE says $100 million is a good transaction.
- 21:50We said, but GE for our wind farm, using your wind turbines,
- 21:55we want you to put our blades or HT blades on your wind turbines.
- 22:00And that was working.
- 22:05And then Xi Jinping started saying ascending and
- 22:09telling Chinese that they needed to be much more patriotic.
- 22:15And it was after a board meeting in baoding, which is 150 kilometers or
- 22:21so south of Beijing, that at dinner again, somebody was drinking.
- 22:26And one of my fellow board members said, well,
- 22:29the IPO is not gonna work because the foreigner is gonna make too much money.
- 22:33So I was complimented.
- 22:35And one way, because we were so used to working with each other,
- 22:39we didn't consider each other foreigners.
- 22:42But I said to my co boardman, who the foreigner is, don't you?
- 22:47And he said, yeah, I'm sorry, that's you but why?
- 22:53Because Xi Jinping had said, the foreigner can't make so much money here.
- 22:59We had worked our fannies off.
- 23:01We had done a great job.
- 23:03We'd expanded the business.
- 23:04And it took cooperation.
- 23:06It took us working together.
- 23:08We all knew that there.
- 23:10But Xi Jinping had a different plan.
- 23:13>> Elizabeth Economy: But even with the IPO sort of put on the back burner,
- 23:16you move forward with the partnership, right?
- 23:19I mean, it wasn't the end of the partnership.
- 23:22>> Patrick Jenevein: No, we were still trying to make the company
- 23:29grow to expand into the rest of the world.
- 23:35But the Xi Jinping generated attitude was don't work with foreigners.
- 23:42It was that bad case in point.
- 23:49I can't remember the year right now, but
- 23:53about 2012 or so [COUGH] what.
- 23:57We own our company owned Our Texas company owned 25% of the Blade company and
- 24:03AVIC and two of its subordinates, the other 75%.
- 24:07One of those subordinates stole $8 million from our joint venture.
- 24:12And nobody told us.
- 24:13We were just looking at.
- 24:15We were comparing one set of accounting records and
- 24:19financials to the previous periods set of financials.
- 24:23We said, you know, there's five.
- 24:25There's $8 million missing.
- 24:26It looks like $8 million is missing.
- 24:28What do we do?
- 24:29Do we forget to record inventory?
- 24:32There could be a number of reasons.
- 24:34We had $350 million of revenue at the time.
- 24:37So $8 million is important.
- 24:39But, it's easy,
- 24:40you can understand how you might just haven't had an accounting error.
- 24:46Well, found out, no, it wasn't an accounting error.
- 24:51Bao Dingway Yang had actually stolen 8 million bucks.
- 24:54And we said, okay, now that we know Avic in 2023,
- 24:58Avic had more revenue than any other defense contractor in the world.
- 25:03So they've got the cash.
- 25:05We said, you've got the cash, Just put it back.
- 25:08They said, yeah, we'll do that.
- 25:09And they were somewhat embarrassed by it.
- 25:12And then it didn't happen.
- 25:13Didn't happen. Didn't happen.
- 25:14And I went back and kinda maybe as a rude Texan, said, where the hell's the money?
- 25:20You've got it.
- 25:21Why haven't you put it back?
- 25:23So the first thing that happens, we got a letter of reprimand from Abbott.
- 25:27So HT Blade, our joint venture company, got a letter of reprimand from
- 25:32AVIC saying, HT Blade, if you're going to pay one member a dividend,
- 25:37you should pay all members a dividend.
- 25:39And we said, that's, that's not right.
- 25:41That money was stolen.
- 25:43There was no dividend pay, we didn't receive any money.
- 25:48Wait for this.
- 25:50So what happens next?
- 25:52You might be able to anticipate.
- 25:54We got a bill from the local tax authority for the money that.
- 25:58For the amount of money that was stolen.
- 26:02So you think.
- 26:03Yeah, you think that we can correct a theft by friendly negotiation?
- 26:09And then, okay, maybe I was a little rough hewn as a kinda course Texan sometime.
- 26:15[COUGH] But we got slapped with a tax bill from the local tax bureau.
- 26:20So do you think that we could go to the local judicial authority and
- 26:25say, hey, these people are messing up, are messing us around?
- 26:30We didn't think so.
- 26:31You might have more research that would prove me wrong.
- 26:34But we didn't think so.
- 26:38So anyway, that flips us back to what they started doing to us in Texas.
- 26:43They hired our general manager.
- 26:46They being AVIC, they hired our general manager.
- 26:49They stole a wind farm, and they diverted financing.
- 26:53You know, there were a few other things that were in there too, but
- 26:56that's essentially it.
- 26:58They started AVIC.
- 27:01AVIC started a company to compete directly with us in Texas to do
- 27:06the business that we were gonna do together.
- 27:09So that's what it really started unraveling.
- 27:13>> Elizabeth Economy: Right, which is something that I think, actually, a lot,
- 27:17but certainly there have been a number of stories in China,
- 27:21of Chinese companies doing that to their multinational joint venture partners,
- 27:27where they start competitive companies.
- 27:30But that's not.
- 27:33Sorry, Patrick, are you speaking right now?
- 27:36>> Patrick Jenevein: No.
- 27:37>> Elizabeth Economy: Okay, your mouth was moving, [LAUGH] so it was very strange.
- 27:40Sorry, Declan, hold that.
- 27:42[LAUGH] Sorry, we'll just keep going.
- 27:45Certainly there have been a number of stories about Chinese companies doing that
- 27:49to their foreign joint venture partners inside China.
- 27:53But I think yours may have been one of the first that I've heard of where the Chinese
- 27:58company took on the American joint venture partner inside the United States and tried
- 28:04to do something sneaky in terms of setting up a competitive partner in that way.
- 28:09So I guess you got pushed then your back was against the wall and
- 28:14you decided what to take them to arbitration.
- 28:17Right. That was sort of the.
- 28:19The first step in this process of seeing could you negotiate a settlement.
- 28:25>> Patrick Jenevein: Yes, our soaring wind energy joint venture, which was the Texas
- 28:30based joint venture, had a dispute resolution provision that was really long.
- 28:35But a key part of it is Dallas, Texas, venue and in arbitration.
- 28:43So, yes, we took AVIC to task starting in arbitration,
- 28:49and we knew what a lot of American companies don't necessarily appreciate.
- 28:59They do by now, I hope, that the subordinate unit,
- 29:03wherever it is, is controlled by headquarters.
- 29:07There may be.
- 29:08They can say what color truck do you wanna buy?
- 29:12When they can make that kind of decision, as long as it's the right decision.
- 29:16If they bought the wrong color truck, the Communist Party will still reprimand them.
- 29:20Anyway, we tied or linked the bad behavior of the Avicone
- 29:26subordinate in Texas all the way to Beijing.
- 29:31So headquarters in Beijing was responsible.
- 29:34Building that Alter Ego chain was what really mattered.
- 29:39We knew it was there.
- 29:41We thought we knew how to build it.
- 29:43And the arbitration award came out in the section on liability, like that said,
- 29:49the evidence overwhelmingly shows that AVIC is a single business enterprise.
- 29:56In short, it's probably ten pages or eight pages of the award.
- 30:00So I've just summarized it, but we knew we would have to prove that,
- 30:05to have a chance of collecting otherwise, like in China drywall.
- 30:10I can't remember the guy's name that said, for China Drywall.
- 30:18Let me back up just a little bit.
- 30:19China Drywall was a suit that was brought in the Gulf coast by people who were.
- 30:27Who had rebuilt hurricane, destroyed homes with drywall from China.
- 30:33>> Elizabeth Economy: Yeah.
- 30:34>> Patrick Jenevein: One of the leaders at China drywall said,
- 30:36we don't care if you sue us.
- 30:38All our assets are in China, and you can't get to them.
- 30:41Well, we showed how you could get to them, and that's the right thing to do.
- 30:49We've got to be able to expect each other, and by that way,
- 30:54I mean Americans and Chinese to behave lawfully.
- 30:58The Communist Party likes to control all the laws and be above the laws.
- 31:04But that's bad for Chinese.
- 31:07It's worse for Chinese than it is for anybody else.
- 31:10Here I am.
- 31:10We won, and then they returned the compliment of the lawsuit
- 31:15by suing me personally for 300 million bucks.
- 31:20And, you know, they started off trying to get me put in jail for
- 31:24recording a conversation with a Communist Party representative in California, but
- 31:30they wanted detectives from Pomona county and Fullerton county to put me in jail.
- 31:36They wanted them to bring criminal charges against me.
- 31:40Anyway, it's a rough fight, but what we won was really important, and
- 31:45eventually we collected dollars in Dallas.
- 31:48Should it have been more?
- 31:49Of course, I would say yes.
- 31:52But the system produces the results that it produces,
- 31:56and at the end of eight years, everybody was worn out.
- 31:59I was tired.
- 32:00A friend in the Pentagon said, gentlemen, you've got combat fatigue.
- 32:06So what are you talking about?
- 32:07She said, I've been, I'm, I've been trained to recognize combat fatigue.
- 32:11And you.
- 32:12You've got it.
- 32:12You need to do something different.
- 32:14And my dear bride knew absolutely.
- 32:18I was.
- 32:18I was exhausted, but Yeah, it wasn't just that,
- 32:23it wasn't even just the court case.
- 32:27>> Elizabeth Economy: I mean, Abbott played hardball and,
- 32:29and got a little scary too.
- 32:31Right? Like trying to put you in jail and
- 32:33death threats and, and other elements of this that you don't expect when you're,
- 32:38you know, in arbitration and, and, you know, trying just to,
- 32:41to write an injustice.
- 32:43Right. They really.
- 32:45Very personally.
- 32:46>> Patrick Jenevein: Yeah, or when you have a commercial dispute,
- 32:50the commercial disputes about money, it's not about attacking somebody's reputation,
- 32:56somebody's asset, somebody's, well, commercial maybe, but
- 33:00it's not about threatening families of, of litigants.
- 33:04I mean, you know, we've risen above that.
- 33:07Not that we're perfect in our our system at all.
- 33:10Not that we don't have plenty of room to improve, but we don't do that.
- 33:14You know, we expect a fair fight, and
- 33:17the Communist Party cannot tolerate a fair fight,
- 33:22because in a fair fight, they lo.
- 33:25>> Elizabeth Economy: So where is Soaring Wind, where is AVIC today in
- 33:30terms of their wind business in the United States?
- 33:35Do they have a presence?
- 33:38>> Patrick Jenevein: Not that I'm aware of.
- 33:41>> Elizabeth Economy: Okay.
- 33:42>> Patrick Jenevein: Our joint venture agreement.
- 33:46And I said that I would not work in the wind business anywhere else
- 33:51except through Soaring Wind.
- 33:53And I still, I kept that commitment through the litigation and
- 34:00now those opportunity sets have passed me but
- 34:04AVIC would help other companies.
- 34:08You know, they started.
- 34:12Now, I can't remember the name of the company, but a company that actually
- 34:17filed a opposition to a CFIUS finding that was going to build a wind farm.
- 34:23The Pacific Northwest overlooking US Military bases.
- 34:28Rawls, the company was Rawls Corp, so AVOC had actually gotten in behind Rawls,
- 34:35that was an equipment provider and was providing finance to Rawls.
- 34:40And the, in fact, the general manager of ours that they hired,
- 34:44he and I were talking one time and he said, patrick, if you knew all.
- 34:48All that went on with that, you'd have to go take a shower.
- 34:53Was it that bad, she said, yes.
- 34:58>> Elizabeth Economy: So China now globally, though, does lead in deployment
- 35:02of clean energy, both within China and I think globally.
- 35:08The United States in the previous administration sort of started a process
- 35:12of trying to think about how to compete with the Inflation Reduction Act.
- 35:17This administration is not as interested in the clean energy space, it seems.
- 35:22Do you think it's time for the US just to cede the space?
- 35:26Is it kind of game over whether we're talking about wind or solar?
- 35:31What's your sense about where the US stands today in
- 35:35a kind of competition with China in this space?
- 35:40>> Patrick Jenevein: Well, you're pricking a Texas point of pride,
- 35:43I don't like seeing a darn thing to the Communist Party.
- 35:48That said, we do need to realize and
- 35:50understand the Communist Party's true interest in renewable energy.
- 35:57And it does a few things that are good for China and bad for Americans.
- 36:02One, the Inflation Reduction act has the effect of
- 36:07taking money from Americans and funding operations
- 36:13in China that actually raise PLA capabilities.
- 36:18If you're supporting BYD or some of the solar companies, you're supporting
- 36:23the development of capabilities, technological capabilities and
- 36:28technological expertise that has direct military application,
- 36:32so that's something that you've got to work with.
- 36:36Another thing that it does is it's given China the opportunity or
- 36:41it's made China's position relative to rare earth minerals and
- 36:46other critical minerals more valuable.
- 36:49So if we would prioritize protecting people above
- 36:54protecting just the environment and say,
- 36:58what environments are we protecting for people,
- 37:03if we could reduce the, and it would mean, and this is hard for
- 37:09me to say because it sounds like seeding a lead,
- 37:13and I don't like seeding leads.
- 37:16Maybe I'm too competitive.
- 37:18But I think we've got to realistically reduce that priority because
- 37:24what the Communist Party can do militarily and through cyber and
- 37:29through theft of IP is so damaging to the United States and
- 37:33to Americans that we need to drop the priority of.
- 37:38And I don't really mean drop the priority.
- 37:41We, well, you can drop the priority several ways, but
- 37:43the way I'd like to see is say, give us more time.
- 37:48Let the Inflation Reduction act play out over time, but
- 37:52give it more time to play out, because even extending the time helps us,
- 37:58us in the US keep the lead that we ought to keep.
- 38:02And if you're making stuff in China, they don't care about the people and
- 38:06they don't care about the environment.
- 38:08We care about both.
- 38:10And we need to keep pushing those priorities.
- 38:14A lot of people will say that gets into human rights.
- 38:16Well, yes, it does.
- 38:18But what do we do better than anybody else in the world,
- 38:21the real source of our soft power is that we protect people from monarchs.
- 38:26We've started protecting Americans from monarchs and
- 38:30now and now we ought to be protecting people from authoritarians
- 38:35like Xi Jinping who just wanna run roughshod over people.
- 38:39I might be going on, [INAUDIBLE] >> Elizabeth Economy: Patrick, just,
- 38:42just to clarify a little bit, I mean, the Inflation Reduction act, you know,
- 38:46gives incentives to bring manufacturing here
- 38:49to the United States in the clean tech and clean energy space, Right.
- 38:53So by supporting BYD and others, what you're referring to is just like targets
- 38:58for the use of electric vehicles on which we'd now put 100% tariffs on those
- 39:03coming in from China because I think in that one area, the Inflation Reduction act
- 39:08is actually very supportive of the kinds of objectives that you're talking about.
- 39:13I think the other issue,
- 39:14which I think is the second point that you made is on the environment.
- 39:18Right, relative to protection of the environment and
- 39:23sort of the dirty process of rare earths and
- 39:27other mining activities and processing.
- 39:31Right. That we basically have outsourced,
- 39:33you know, to China and to other countries over the past few decades as, you know,
- 39:37our environmental standards have risen.
- 39:39And I think there has been a lot of talk about, you know, the need for
- 39:44different kinds of permitting to enable, you know,
- 39:47more mining to take place again in the United States.
- 39:50So I think the Inflation Reduction act actually, I think, does address some of
- 39:55the issues that you've raised as concerns, but perhaps doesn't address.
- 39:59Address others.
- 40:00And just to be completely clear,
- 40:03when you say give the Inflation Reduction act more time to be enacted,
- 40:09I assume what you mean there is continue to use and
- 40:12invest in fossil fuels over a longer period of time before you put
- 40:18on more stringent caps and demands for the use of clean energy.
- 40:23Is that a fair?
- 40:26>> Patrick Jenevein: Yes, but there's a whole lot, there's a whole lot in what
- 40:30you're touching on first, more time for implementation.
- 40:35It's been enacted, so I don't mean to be picking on your words too much, but
- 40:39the implementation needs to take longer.
- 40:42It also needs to be taken more,
- 40:44with more awareness of what it really takes to implement some of its objectives.
- 40:50And that's what I'm talking about.
- 40:52Because if you, if you, if you drive the objectives too quickly,
- 40:56you wind up driving money to China.
- 40:59It takes a long time to.
- 41:01There are rare earth minerals all over the world.
- 41:04It's not that they're that rare.
- 41:06But to your point, where are they processed?
- 41:08They're processed where, or actually they're mined and processed in countries,
- 41:12they don't care about the environment and don't care about people.
- 41:15We care about both.
- 41:17So if you rush it, if you rush the implementation of the idea,
- 41:22you wind up penalizing Americans.
- 41:25Then we wind up having to buy gear that is loaded up with magnets that are made
- 41:30with rare earth minerals.
- 41:31The wind turbines or even the cars, you wind up pushing.
- 41:37We just don't have enough time to develop the capabilities in places
- 41:43in the world that respect human dignity and respect environmental qualities.
- 41:50>> Elizabeth Economy: Okay, fair enough.
- 41:52I think that's a point of reasonable debate and
- 41:58discussion, and so I'll cede that to you.
- 42:03I agree that it's worth thinking that through in a more careful manner.
- 42:10So let me just finish up with a couple of questions about China and
- 42:15the Trump administration, multinationals.
- 42:18China right now is making a big push to entice foreign direct
- 42:23investment back into China as Xi Jinping has made this a big priority.
- 42:29And what advice do you have to US Companies that might be tempted either
- 42:34to enter China for the first time or to increase their investment?
- 42:38Over the past several years, we've seen a complete fall off.
- 42:43Basically, foreign direct investment into China has fallen off a cliff.
- 42:48But now you're starting to see, I think, rumblings of renewed interest,
- 42:52particularly as things become much more uncertain here in the United States.
- 42:57What would you say to companies as they're looking at China anew?
- 43:02>> Patrick Jenevein: Do your due diligence.
- 43:05Do what you do well.
- 43:06Do your due diligence and start with the framework.
- 43:09Are There laws that make your projections reasonably reliable.
- 43:15And right now, Xi Jinping has gutted those laws or gone around them.
- 43:20Until Xi Jinping changes his mind and actually flips his
- 43:25idea that laws should not apply to the Communist Party.
- 43:30It's a really dangerous place.
- 43:32Now, there might be any episodic or
- 43:35any unique example where it's a good idea to go.
- 43:39I can't think of one right now.
- 43:41So, broadly, be awfully damn careful if you,
- 43:46don't believe yourself.
- 43:49If you hear yourself saying, well, I'm different.
- 43:55Call this economy.
- 43:57>> Elizabeth Economy: Nice, I was going to say call Patrick Genevieve.
- 43:59I don't think you called me.
- 44:00I think just, just, I think a 15 minute conversation with you,
- 44:04Patrick, should be enough to put the fear of, of God or into, into anybody.
- 44:08And what about here, with the new Trump administration?
- 44:12What would you like to see this administration do to better, you know,
- 44:16advance or protect US Business interests as,
- 44:20as we're still doing business with China?
- 44:24>> Patrick Jenevein: First, they need to invest in peace.
- 44:28And you don't do that by going around and
- 44:31swinging a baseball bat at everybody that, everybody that comes near you.
- 44:37So I'd like to see Trump go to Xi Jinping.
- 44:40And just as Trump skipped Zelensky to go to Putin, so
- 44:43he ought to skip Putin and just go to Xi Jinping.
- 44:47Putin doesn't really have enough to really matter materially for world peace.
- 44:54I mean, he can disrupt it.
- 44:55He's got nuclear bombs and that can be very disruptive.
- 44:59So I do not diminish that at all.
- 45:01But Xi Jinping has not cornered himself by starting war.
- 45:07That gives Xi Jinping more negotiating flexibility.
- 45:10And Trump could go to Xi Jinping and say, hey, I need your help.
- 45:16I, Donald Trump, need your help.
- 45:18That might be hard for him to say, but I need your help, Xi Jinping.
- 45:21And you, Russia's about to implode and we're worried about
- 45:26mineral security, agricultural security, weaponry.
- 45:31I need your help, Xi Jinping.
- 45:33And Xi Jinping, I know you've got a real estate problem.
- 45:36You, a third of your, almost a third of your economy.
- 45:40And I know real estate.
- 45:41And I can bring cash.
- 45:44[INAUDIBLE] So I'll be your advisor and I'll be a source of cash.
- 45:49But you've got to reign in your behavior around Taiwan and
- 45:53you've got to quit sending microelectronics to Putin.
- 45:56You got to, you got to make him come to the, the table.
- 45:59But you, Xi Jinping, you and I can make this happen.
- 46:03>> Elizabeth Economy: Okay, well, we've heard that President Trump wants a grand
- 46:07deal, a big deal with Xi Jinping, so we'll send that message directly to him.
- 46:13Although I think he's past that point with Putin.
- 46:15I guess we'll wait to see.
- 46:18But I think that is definitely a bold new idea, Patrick.
- 46:21I'm not sure I'm entirely on board with it, but I like the creativity behind it.
- 46:27All right, I always finish [LAUGH]- >> Patrick Jenevein: Well,
- 46:30you're right, Liz.
- 46:32It does kick some cans down, down the road.
- 46:36So we ought to talk about that.
- 46:40I'll see further development,
- 46:43the idea to use- >> Elizabeth Economy: You see
- 46:45the strategic recommendation to me, maybe.
- 46:48Okay.
- 46:49All right.
- 46:50Last few questions that I ask everybody.
- 46:54First, what is your sort of must read book or article on China?
- 47:01>> Patrick Jenevein: Well, your books are up there-
- 47:03>> Elizabeth Economy: No, no, no.
- 47:04Can't be my book.
- 47:05Can't be my book.
- 47:05Pick a different, pick a different book.
- 47:08>> Patrick Jenevein: Well, the part is one really understand, how the party works.
- 47:13And then Matt Pottinger's article on.
- 47:17Read what China says.
- 47:20That's really important.
- 47:21Pay attention to what they say.
- 47:23Don't discount it.
- 47:24So those are two.
- 47:25What's next?
- 47:27>> Elizabeth Economy: Okay, and
- 47:27you said the party is something that we don't know enough about, right?
- 47:31The Chinese Communist Party.
- 47:32We need to know more about that.
- 47:34I think your book actually helps with that, in a very concrete way
- 47:39because it's full of really important examples of how the party works.
- 47:44So I think that's a.
- 47:45I'll nominate your book for that.
- 47:47And then, you know, finally, it sounds like you may,
- 47:50you may have a different answer than a lot of people here.
- 47:52On a scale of 1 to 10, what do you think is the likelihood of a kind of Nixon Mao
- 47:57moment in the US China relationship in the next decade?
- 48:01>> Patrick Jenevein: That's really hard.
- 48:04But I think it's better than 50/50.
- 48:08>> Elizabeth Economy: Okay- >> Patrick Jenevein: But,
- 48:09it might be a six or six and a half, tops.
- 48:15But that depends on what leadership we bring.
- 48:19That depends on the United States of America.
- 48:23>> Elizabeth Economy: All right, I mean,
- 48:25Patrick, I have to say that usually people say it's around a one [LAUGH].
- 48:30And so you who've experienced more challenges and more difficulty than I
- 48:34think anybody I've had on this podcast thus far dealing with China, have the most
- 48:40optimistic outlook for the US China relationship over the next 10 years.
- 48:45I think that that says a lot about you as a person.
- 48:48Basic, you got to be optimistic >> Patrick Jenevein: You got to be willing
- 48:53to punch him in the nose, sorry.
- 48:56But, you gotta, all right.
- 49:00>> Elizabeth Economy: Well, I'm not sure that was part of the Nixon,
- 49:02Mao negotiations-.
- 49:03>> Patrick Jenevein: No, no.
- 49:05But But, they both knew that they could punch each other in the nose and.
- 49:12>> Elizabeth Economy: Fair enough.
- 49:13Fair enough.
- 49:15And on that note, let me thank you so much for taking the time to speak with me and
- 49:20for your really, really a terrific and instructive book that I
- 49:25think anybody who is interested in China or is working with China,
- 49:29who plans to have some kind of dealing with China, should take the time to read.
- 49:36>> Patrick Jenevein: Thank you, Liz.
- 49:37Keep doing what you're doing.
- 49:40We need you.
- 49:42>> Elizabeth Economy: Thanks, Patrick.
- 49:43If you enjoyed this podcast and want to hear more reasoned discourse and
- 49:46debate on China, I encourage you to subscribe to China Considered via
- 49:49The Hoover Institution's YouTube channel or podcast platform of your choice.