Business
U.S. Aims to Expand Export Bans on China Over Security and Human Rights
WASHINGTON — When Russian forces invaded Ukraine almost 5 months in the past, the Biden administration led dozens of governments in banning the export of superior know-how to Russia to hobble its financial and navy improvement.
Now, the U.S. authorities is utilizing the teachings it realized from these actions to increase restrictions on exports to China and different international locations in circumstances the place firms or teams may threaten U.S. nationwide safety or violate human rights, present and former American officers say. President Biden and his aides name China the best long-term rival of the USA, surpassing Russia.
The trouble includes broadening the circumstances beneath which so-called export controls could be imposed and getting companion nations on board. It additionally goals to redefine what applied sciences are thought of delicate or important and of potential use to militaries and safety businesses — to embody issues like synthetic intelligence, for instance.
In attempting to develop a method on China, U.S. officers are usually not simply conventional navy makes use of of applied sciences, however they’re additionally contemplating the roles of Chinese language firms in making a surveillance state or constructing a safety infrastructure and utilizing pressured labor camps to repress ethnic minorities in areas resembling Xinjiang and Tibet.
“As China has turn out to be extra aggressive, extra belligerent, extra energetic in its tech sector, the significance of managing the connection with China via export controls has risen,” Alan F. Estevez, head of the Bureau of Business and Safety, the unit within the Commerce Division that oversees export controls, mentioned final month at an occasion organized by the Heart for a New American Safety.
“We have to be sure that the U.S. retains technological overmatch,” he mentioned. “In different phrases, China can’t construct capabilities that they’ll then use towards us, or towards their neighbors for that matter, in any type of battle.”
American officers say using export controls on Russia is probably the best success to this point within the sweeping marketing campaign of financial punishment towards President Vladimir V. Putin and his navy. The USA and its companions have imposed broad restrictions on sending semiconductors, plane components, tools for the oil and fuel trade and different items to Russia, in an effort to cripple Russia’s navy and its strategic industries.
With China, efforts have been extra focused. The officers say their objective is to not weaken the broader Chinese language economic system, however fairly to restrict China’s entry to applied sciences that will contribute to its navy and scientific development. That in itself may assist forestall armed battle, U.S. officers say.
“My objective is to cease China from with the ability to use that know-how to advance their navy, modernize their navy,” Mr. Estevez, additionally a former Pentagon official, instructed reporters final week at a Commerce Division coverage convention in Washington, referring to superior semiconductor chips, synthetic intelligence and quantum computing.
However China is the world’s second-largest economic system, and any commerce restrictions towards it might carry a lot larger dangers than these imposed on Russia. American executives warn that broad export controls could possibly be deeply disruptive to international commerce and in addition provoke China to concern its personal restrictions on a few of the essential merchandise it provides to the USA and different international locations, together with sure minerals.
Higher Perceive the Russia-Ukraine Warfare
And widespread use of the controls may erode American technological management and market dominance over the long run by encouraging overseas prospects to search out different sources of provide.
However Gina Raimondo, the commerce secretary, declared on the coverage convention that export controls “are on the red-hot middle of how we greatest defend our democracies.”
She underscored the influence of controls on Russia, saying that international semiconductor exports to the nation had declined by 90 %, and that its fleet of business plane could possibly be decimated quickly. “We additionally know that one other autocratic regime — China — is watching our response carefully,” she added.
The Biden administration on Tuesday put 5 Chinese language firms on an export blacklist for persevering with to assist Russia’s military-industrial sector. It was the primary time the U.S. authorities had taken motion towards Chinese language firms for aiding Russia for the reason that battle in Ukraine started in February, although American officers say the Chinese language authorities and most firms look like complying with the U.S.-led sanctions.
Even earlier than these actions, the Biden administration had doubled down on a Trump administration coverage of wielding export controls as a cudgel towards Chinese language firms.
In 2018, Congress handed a regulation requiring the Commerce Division to increase its controls on delicate American applied sciences that stream overseas.
Although some lawmakers say the federal government has moved too slowly on this, the division beneath each the Trump administration and the Biden administration has aggressively wielded a extra focused software, known as the entity record, which cuts overseas firms and organizations off from U.S. know-how except their American suppliers acquire a license to promote items to them.
The Trump administration put Huawei and SMIC, two outstanding Chinese language know-how firms, on that record.
Earlier than Russia invaded Ukraine, the Commerce Division beneath Mr. Biden was including China-based firms and organizations to the record at a a lot quicker price than ones from some other nation. Of 475 overseas entities added since January 2021, 107 are primarily based in China, in keeping with a brand new tally of information that the company supplied to The New York Occasions. In contrast, the administration put 23 Russia-based entities on the record earlier than the battle — then shortly added 252, along with imposing broader restrictions on whole classes of know-how items.
The administration has additionally blacklisted firms primarily based in Pakistan, Belarus, Myanmar, the United Arab Emirates, Singapore and Britain, however these numbers are a lot smaller.
Many of the China-based entities listed in the course of the Biden administration had been judged by U.S. officers to have navy roles or to be concerned in systemic human rights abuses. Some have suspicious ties with Iran, North Korea and Pakistan, international locations with nuclear applications that the USA is attempting to constrain, U.S. officers say. A number of are linked to aggressive actions in disputed territory within the South China Sea.
The USA has additionally prolonged the attain of its export restrictions effectively past U.S. borders. It has forbidden firms wherever on this planet from exporting sure gadgets if they’re made with American know-how to some listed entities, together with Russian navy teams and Huawei, the Chinese language telecommunications firm. The USA can even limit exports to listed entities of overseas items that include sure quantities of American merchandise.
“One of many classes from using that software with Huawei is that it may be a fairly highly effective mechanism,” mentioned Samm Sacks, a researcher on know-how coverage at Yale Legislation College and New America. “It captures plenty of third-country suppliers.”
Some American lawmakers say additional know-how restrictions could be a potent software to wield towards Beijing, and that threats to broaden these controls may assist deter potential hostilities by Chinese language leaders towards Taiwan. However some analysts warn of attainable retaliation from China.
“As the USA continues to take advantage of the extraterritorial attain of its laws, the rising menace of a regulatory ‘arms race,’ significantly with China, provides to an already jittery enterprise surroundings,” Jeanette Chu, a senior affiliate on the Heart for Strategic and Worldwide Research, wrote in March.
“The ‘tit for tat’ nature of export controls and sanctions right now dangers undermining the effectiveness of export controls and leaving policymakers with restricted choices,” she added.
Though the Chinese language authorities denounces Washington’s use of sanctions, it has more and more used its personal type of financial punishments to hurt international locations that take stands contravening Beijing’s political beliefs. Current targets embrace Australia, Japan, South Korea and Norway. When Lithuania permitted Taiwan final yr to open a consultant workplace in its capital, China minimize off its exports to Lithuania in addition to imports.
In June 2021, Beijing enacted the “Anti-International Sanctions Legislation,” geared toward punishing firms and people that adjust to overseas sanctions towards China. And the Chinese language authorities has an export management regulation that it may use broadly.
China stays behind the USA in lots of technological fields however is catching up shortly. In some areas — biotechnology, synthetic intelligence and 5G communications, for example — China is at or close to the fore. And it’s set to overhaul the USA in nationwide spending on analysis and improvement throughout the subsequent a number of years.
“Scientific and technological innovation has turn out to be the principle battlefield of the worldwide technique contest, and the competitors across the commanding heights of science and know-how is unprecedentedly fierce,” President Xi Jinping of China mentioned in a speech in Might 2021.
Biden administration officers say the export controls imposed on Russia present that the power of American actions comes from coordination with companion nations.
At Mr. Biden’s democracy summit in December 2021, the USA, Australia, Denmark and Norway introduced they’d start constructing a brand new export management coverage program to restrict applied sciences going to authoritarian governments engaged in human rights abuses. The USA has been finishing up different discussions in its commerce and know-how dialogue with the European Union.
Probably the most outstanding international export regime now, the Wassenaar Association, is meant to regulate gross sales of know-how that can be utilized for navy in addition to business functions, however critics say it has drawbacks, together with that Russia is a member.
Any new multilateral system for export controls should be finished with companions in order that many international locations impose the identical limits, Mr. Estevez mentioned final month. “As anybody is aware of, for those who dam half the river, the water continues to be flowing,” he added.
However Martin Chorzempa, a senior fellow on the Peterson Institute for Worldwide Economics, warned that many countries which have deep commerce ties with China may resist efforts to impose broad export controls on the nation.
“I don’t suppose you’d see the extent of unanimity that the sanctions on Russia would have, so that will threat splitting the coalition,” he mentioned.
And the potential for additional restrictions on China is already inflicting some concern amongst American enterprise executives.
Myron Good, government vp on the U.S. Chamber of Commerce, mentioned the enterprise group had been “steadfast in its assist of the multilateral use of sanctions towards Russia on condition that nation’s unprovoked and brutal invasion of Ukraine,” however that views on China had been “extra complicated and nuanced.”
“The enterprise group has deep considerations with China’s predatory and market distortion insurance policies, but we should additionally acknowledge that the 2 largest economies are very built-in,” he mentioned. “So the influence of broad decoupling or intensive sanctioning of China could be far more destabilizing.”
Julian E. Barnes contributed reporting.
Business
Elon Musk, Mark Zuckerberg and Jeff Bezos to Attend Trump’s Inauguration
Bezos, Zuckerberg and Coke at the inauguration
Corporate America had already raced to donate big sums to Donald Trump’s record-breaking inaugural fund. Now some of its leaders appear eager to jockey for prominent positions at the inauguration next week.
It’s a new reminder that for some of the nation’s biggest businesses, forging close ties to a president-elect who is promising hard-hitting policies like tariffs is a priority this time around.
Jeff Bezos and Mark Zuckerberg are expected to be on the inauguration dais, according to NBC News, alongside Elon Musk and several cabinet picks.
The presence of Musk isn’t a surprise, given the Tesla chief’s significant support of and huge influence over Trump. But the other tech moguls have only more recently been seen as supporters of the administration. (Indeed, Bezos frequently sparred with Trump during his first presidential term.)
It’s the latest effort by Bezos and Zuckerberg to burnish their Trump credentials. At the DealBook Summit in December, Bezos — whose Amazon has faced scrutiny under the Biden administration and whose Blue Origin is hoping to win government rocket contracts — said that he was “very hopeful” about Trump’s efforts to reduce regulation.
And Zuckerberg recently announced significant changes to Meta’s content moderation policy, including relaxing restrictions on speech seen as protecting groups including L.G.B.T.Q. people that won praise from Trump and other conservatives. On the inauguration front, Zuckerberg is also co-hosting a reception alongside the longtime Trump backers Miriam Adelson, Tilman Fertitta and Todd Ricketts.
Both tech moguls have visited Mar-a-Lago since the election, with Zuckerberg having done so more than once.
Coca-Cola took a different tack. The drinks giant’s C.E.O., James Quincey, gave Trump what an aide called the “first ever Presidential Commemorative Inaugural Diet Coke bottle.”
More broadly, business leaders want a piece of the inauguration action. The Times previously reported that the Trump inaugural fund had surpassed $170 million, a record, and that even major donors have been wait-listed for events.
Others are throwing unofficial events around Washington, including an “Inaugural Crypto Ball” that will feature Snoop Dogg, with tickets starting at $5,000, The Wall Street Journal reports.
It’s a reminder that C.E.O.s are reading the room, and preparing their companies for a president who has proposed creating an “External Revenue Service” to oversee what he has promised will be wide-ranging tariffs.
David Urban, a longtime Trump adviser who’s hosting a pre-inauguration event, told The Journal, “This is the world order, and if we’re going to succeed, we need to get with the world order.”
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In other Trump news: The president-elect is expected to appear via videoconference at the World Economic Forum in Davos, Switzerland, which starts on Inauguration Day, according to Semafor.
HERE’S WHAT’S HAPPENING
Investors brace for the latest inflation data. The Consumer Price Index report, due out at 8:30 a.m. Eastern, is expected to show that inflation ticked up last month, most likely because of climbing food and fuel costs. Global bond markets have been rattled as slow progress on slowing inflation has prompted the Fed to slash its forecast for interest rate cuts.
More Trump cabinet picks will appear before the Senate on Wednesday. Senator Marco Rubio of Florida, the choice for secretary of state, is expected to field questions about his views on the Middle East, Ukraine and China, but is expected to be confirmed. Russell Vought, the pick to run the Office of Management and Budget, will most likely be asked about his advocacy for drastically shrinking the federal government, a key Trump objective. And Sean Duffy, the Fox Business host chosen to lead the Transportation Department, will probably face questions on how he would oversee matters including aviation safety and autonomous vehicles, the latter of which is a priority for Elon Musk.
Meta plans to lay off another 5 percent of its employees. Mark Zuckerberg, the tech giant’s C.E.O., told staff members to prepare for “extensive performance-based cuts” as the company braces for “an intense year.” The social media giant faces intense competition in the race to commercialize artificial intelligence.
A new bill would give TikTok a reprieve from a ban in the United States. Senator Ed Markey, Democrat of Massachusetts, said he planned to introduce the Extend the TikTok Deadline Act, which would give the video platform 270 additional days to be divested from its Chinese parent, ByteDance before being blacklisted. It’s the latest effort to buy TikTok time, as the app faces a Jan. 19 deadline set by a law; President-elect Donald Trump has opposed the potential ban as well.
A question of succession
JPMorgan Chase and BlackRock, the giant money manager, just reported earnings. (In short: Both handily beat analyst expectations.)
But the Wall Street giants are likely to face questioning on a particular issue on Wednesday: Which top lieutenants are in line to replace their larger-than-life C.E.O.s, Jamie Dimon and Larry Fink.
Who’s out:
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Daniel Pinto, who had long been Dimon’s right-hand man, said he would officially drop his responsibilities as JPMorgan’s C.O.O. in June and retire at the end of 2026. Jenn Piepszak, the co-C.E.O. of the company’s core commercial and investment bank, has become C.O.O.
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And Mark Wiedman, the head of BlackRock’s global client business and a top contender to succeed Fink, is planning to leave, according to news reports.
What Wall Street is gossiping about JPMorgan: Even in taking the C.O.O. role, JPMorgan said that Piepszak wasn’t interested in succeeding Dimon “at this time.” DealBook hears that while she genuinely appears not to want to pursue the top job, the phrasing covers her in case she changes her mind.
For now, that means the most likely candidates for the top spot are Marianne Lake, the company’s head of consumer and community banking; Troy Rohrbaugh, the other co-head of the commercial and investment bank; and Doug Petno, a co-head of global banking.
The buzz around BlackRock: Wiedman reportedly didn’t want to keep waiting to succeed Fink and is expected to seek a C.E.O. position elsewhere. (So sudden was his departure that he’s forfeiting about $8 million worth of stock options and, according to The Wall Street Journal, he doesn’t have another job lined up yet.)
Fink said on CNBC on Wednesday that Wiedman’s departure had been in the works for some time, with the executive having expressed a desire to leave about six months ago.
Other candidates to take over for Fink include Martin Small, BlackRock’s C.F.O.; Rob Goldstein, the firm’s C.O.O.; and Rachel Lord, the head of international.
But Dimon and Fink aren’t going anywhere just yet. Dimon, 68, said only last year that he might not be in the role in five years. And Fink, 72, said in July that he was working on succession planning: “When I do believe the next generation is ready, I’m out.”
The S.E.C. gets in a final shot at Musk
Another battle between Elon Musk and the S.E.C. erupted on Tuesday, with the agency suing the tech mogul over his 2022 purchase of Twitter.
It’s unclear what happens to the lawsuit once President-elect Donald Trump, who counts Musk as a close ally, takes office. But the agency’s reputation as an independent watchdog may be at stake.
A recap: The S.E.C. accused Musk of violating securities laws in his $44 billion acquisition of the social media company.
The agency said that Musk had failed to disclose his Twitter ownership stake for a pivotal 11-day stretch before revealing his intentions to purchase the company. That breach allowed him to buy up at least $150 million worth of Twitter shares at a lower price — to the detriment of existing shareholders, the agency argues.
The S.E.C. isn’t just seeking to fine Musk. It wants him to pay back the windfall. “That’s unusual,” Ann Lipton, a professor at Tulane Law School, told DealBook.
Alex Spiro, Musk’s lawyer, called the latest action a “sham” and accused the agency of waging a “multiyear campaign of harassment” against him.
The showdown sets up a tough question for the S.E.C. Will Paul Atkins, the president-elect’s widely respected pick to lead the agency, drop the case? Such a move could call the bedrock principle of S.E.C. independence into question.
Jay Clayton, who led the agency during Trump’s first term, earned the respect of the business community for running it in a largely drama-free manner. It was under Clayton that the S.E.C. sued Musk over his statements about taking Tesla private.
Musk, who is set to become Trump’s cost-cutting czar and is expected to have office space in the White House complex, has called for the “comprehensive overhaul” of agencies like the S.E.C. The billionaire said he would also like to see “punitive action against those individuals who have abused their regulatory power for personal and political gain.”
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In related news: The Consumer Financial Protection Bureau sued Capital One, accusing it of cheating its depositors out of $2 billion in interest payments.
THE SPEED READ
Deals
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DAZN, the streaming network backed by the billionaire businessman Len Blavatnik, is closing in on funding from Saudi Arabia’s sovereign wealth fund as the kingdom continues to expand its sports footprint. (NYT)
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The Justice Department sued KKR, accusing the investment giant of withholding information during government reviews for several of its deals. KKR filed a countersuit. (Bloomberg)
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OpenAI added Adebayo Ogunlesi, the billionaire co-founder of the infrastructure investment firm Global Infrastructure Partners, to its board. (FT)
Politics and policy
Best of the rest
We’d like your feedback! Please email thoughts and suggestions to dealbook@nytimes.com.
Business
For uninsured fire victims, the Small Business Administration offers a rare lifeline
As wildfires continue to burn around Southern California, thousands of business owners, homeowners and renters are confronting the daunting challenge of rebuilding from the ashes. For some number of them, the road ahead will be all the more difficult because they didn’t have any or enough insurance to cover their losses. For them, the U.S. Small Business Administration is a possible lifeline.
The SBA, which offers emergency loans to businesses, homeowners, renters and nonprofits, is among the few relief options for those who don’t have insurance or are underinsured. Uninsured Angelenos can also apply for disaster assistance through the Federal Emergency Management Agency, or FEMA.
The current wildfires are ravaging a state that was already in the midst of a home insurance crisis. Thousands of homeowners have lost their insurance in recent years as providers pull out of fire-prone areas and jack up their prices in the face of rising risk.
“For those who are not going to get that insurance payout, this is available,” Small Business Administration head Isabella Casillas Guzman said in an interview during a recent trip to the fire areas. “The loans are intended to fill gaps, and that is very broad.”
About one-third of businesses don’t have insurance and three-quarters are underinsured, Guzman said.
“There will be residual effects around the whole community,” she said. “Insurance will not cover this disaster.”
Businesses, nonprofits and small agricultural cooperatives can apply for an economic injury loan or a physical damage loan through SBA. Homeowners are eligible for physical damage loans. Economic injury loans are intended to help businesses meet ordinary financial demands, while physical damage loans provide funds for repairs and restoration. People can apply online and loans must be repaid within 30 years.
Renters can receive up to $100,000 in assistance, homeowners up to $500,000 and businesses up to $2 million, according to Guzman. Homeowners and renters who cannot get access to credit elsewhere can qualify for loans with a interest rate of 2.5%. The SBA determines an applicant has no credit available elsewhere if they do not have other funds to pay for disaster recovery and cannot borrow from nongovernment sources.
Interest rates for homeowners and renters who do have access to credit elsewhere are just over 5%. Loans for businesses could come with interest rates of 4% or 8% depending on whether the business has other credit options.
An applicant must show they are able to repay their loan and have a credit history acceptable to the SBA in order to be approved. The loans became available following President Biden’s declaration of a major disaster in California.
“We’ve already received hundreds of applications from individuals and businesses interested in exploring additional support,” Guzman said. “We know the economic disruption may not be contained to the footprint of any evacuation zones or power outages.”
People who don’t have insurance or whose insurance doesn’t cover the entirety of their losses are eligible for loans, Guzman said. While many will use the funds to start from scratch after losing their property to the fires, businesses that are still standing can also apply for support to cover lost revenue.
Guzman was not able to estimate the total value of loans they expect to offer in California but said the organization is on solid financial footing after temporarily running out of funds in October.
“Funding has been replenished by Congress, and we expect to be able to coordinate closely with Congress,” Guzman said. “We’re fully funded and in a good position to provide support.”
Business
Cookies, Cocktails and Mushrooms on the Menu as Justices Hear Bank Fraud Case
In a lively Supreme Court argument on Tuesday that included references to cookies, cocktails and toxic mushrooms, the justices tried to find the line between misleading statements and outright lies in the case of a Chicago politician convicted of making false statements to bank regulators.
The case concerned Patrick Daley Thompson, a former Chicago alderman who is the grandson of one former mayor, Richard J. Daley, and the nephew of another, Richard M. Daley. He conceded that he had misled the regulators but said his statements fell short of the outright falsehoods he said were required to make them criminal.
The justices peppered the lawyers with colorful questions that tried to tease out the difference between false and misleading statements.
Chief Justice John G. Roberts Jr. asked whether a motorist pulled over on suspicion of driving while impaired said something false by stating that he had had one cocktail while omitting that he had also drunk four glasses of wine.
Caroline A. Flynn, a lawyer for the federal government, said that a jury could find the statement to be false because “the officer was asking for a complete account of how much the person had had to drink.”
Justice Ketanji Brown Jackson asked about a child who admitted to eating three cookies when she had consumed 10.
Ms. Flynn said context mattered.
“If the mom had said, ‘Did you eat all the cookies,’ or ‘how many cookies did you eat,’ and the child says, ‘I ate three cookies’ when she ate 10, that’s a false statement,” Ms. Flynn said. “But, if the mom says, ‘Did you eat any cookies,’ and the child says three, that’s not an understatement in response to a specific numerical inquiry.”
Justice Sonia Sotomayor asked whether it was false to label toxic mushrooms as “a hundred percent natural.” Ms. Flynn did not give a direct response.
The case before the court, Thompson v. United States, No. 23-1095, started when Mr. Thompson took out three loans from Washington Federal Bank for Savings between 2011 and 2014. He used the first, for $110,000, to finance a law firm. He used the next loan, for $20,000, to pay a tax bill. He used the third, for $89,000, to repay a debt to another bank.
He made a single payment on the loans, for $390 in 2012. The bank, which did not press him for further payments, went under in 2017.
When the Federal Deposit Insurance Corporation and a loan servicer it had hired sought repayment of the loans plus interest, amounting to about $270,000, Mr. Thompson told them he had borrowed $110,000, which was true in a narrow sense but incomplete.
After negotiations, Mr. Thompson in 2018 paid back the principal but not the interest. More than two years later, federal prosecutors charged him with violating a law making it a crime to give “any false statement or report” to influence the F.D.I.C.
He was convicted and ordered to repay the interest, amounting to about $50,000. He served four months in prison.
Chris C. Gair, a lawyer for Mr. Thompson, said his client’s statements were accurate in context, an assertion that met with skepticism. Justice Elena Kagan noted that the jury had found the statements were false and that a ruling in Mr. Thompson’s favor would require a court to rule that no reasonable juror could have come to that conclusion.
Justices Neil M. Gorsuch and Brett M. Kavanaugh said that issue was not before the court, which had agreed to decide the legal question of whether the federal law, as a general matter, covered misleading statements. Lower courts, they said, could decide whether Mr. Thompson had been properly convicted.
Justice Samuel A. Alito Jr. asked for an example of a misleading statement that was not false. Mr. Gair, who was presenting his first Supreme Court argument, responded by talking about himself.
“If I go back and change my website and say ‘40 years of litigation experience’ and then in bold caps say ‘Supreme Court advocate,’” he said, “that would be, after today, a true statement. It would be misleading to anybody who was thinking about whether to hire me.”
Justice Alito said such a statement was, at most, mildly misleading. But Justice Kagan was impressed.
“Well, it is, though, the humblest answer I’ve ever heard from the Supreme Court podium,” she said, to laughter. “So good show on that one.”
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