France Negotiating With Junta For Withdrawal Of Its Troops From Niger

France Negotiating With Junta For Withdrawal Of Its Troops From Niger

France is mulling a military withdrawal from Niger in the wake of the July 26 coup, and as a stand-off unfolds over the demand to withdraw its ambassador from the country.

France has some 1,500 troops in Niger, along with other Western allied troops – including Americans – but their presence has been unwelcome given Paris has supported threats from the Economic Community of West African States (ECOWAS) to intervene militarily to reinstate ousted president Mohamed Bazoum.

Image: Anadolu Agency

France has sought to stress that any formal talks with the junta led by Gen. Abdourahamane Tchiani should not be taken as recognition of the coup government.

According to new details in Al Jazeera:

France is reported to be in talks with Niger’s military about possible withdrawal of French troops from the West African nation in the wake of the fraying of ties following a coup in July, according to French media reports.

Confirming the news, former French ambassador to Mali and Senegal Nicolas Normand told Al Jazeera that according to his sources, talks were ongoing between the French and Niger militaries to “partially” withdraw troops.

The ECOWAS are still threatening military intervention, but this has been on the table for weeks and they appear to be waffling, given Niger’s military has reportedly bolstered its border defenses.

Any potential intervention by the West African nations would likely happen along Nigeria’s some 1,000-mile border with Niger.

Niger’s military-appointed prime minister said Monday that the junta is hoping to reach a deal with ECOWAS to de-escalate tension and avoid war. “We have not stopped contacts with ECOWAS, we are continuing contacts. We have good hopes of reaching an agreement in the coming days,” Ali Mahaman Lamine Zeine stated.

“We are bracing to be attacked at any time. Every preparation has been taken. It would be an unjust war. We are determined to defend ourselves if there is an attack,” he said.

Europe fears that previously cheap but vital resources from Niger may skyrocket in price…

Negotiations are centered on a reported plan to commit to a timeline for potential transition to civilian government, possibly nine months or up to three years.

Meanwhile, after a near month of closure, the junta has reopened airspace for commercial flights across the entire country, in a sign of potential de-escalation of regional tensions.

Tyler Durden
Wed, 09/06/2023 – 09:25

via ZeroHedge News https://ift.tt/JZ1dMo8 Tyler Durden

Dollar Strength Poses Risk To China And Global Liquidity

Dollar Strength Poses Risk To China And Global Liquidity

Authored by Simon White, Bloomberg macro strategist,

A stronger dollar adding to yuan pressure is an ongoing risk to liquidity in China and the rest of the world.

The yuan fell versus the dollar overnight, with USDCNY nudging near 15-year highs. This is not something welcomed by Chinese policymakers, as evidenced by the gap between USDCNY and the official fixing at near-historical extremes.

China is mired in a slowdown that has caused capital outflow to increase.

Even though the country officially has a closed capital account, where there’s a will there’s a way, and when growth slows more capital tries to leave the country, with over-invoicing for exports and under-invoicing for imports among the common ruses used.

Given the capital account is nominally closed, we have to try to infer the level of capital outflow. One way is to look at the difference between official FX reserves, FX deposits at banks and the trade balance. In theory, the net proceeds from trade should end up either as FX reserves or deposits. Therefore, what doesn’t can be attributed to capital leakage.

Capital outflow has weakened this year, but is not as high as it was in 2022. This is one sign that, while things in China are not in good shape, they are perhaps not as bad as some of the more recent negative reports in the media have portrayed.

Capital outflow in a mercantile country like China, dependent on FX reserves for the solidity of its monetary system, has a geared, negative impact on domestic liquidity. Some currency weakness is desirable as it tempers this geared impact, but too much becomes counter-productive as it elicits more capital outflow.

That is likely where we are in China and why policymakers there are pushing back on yuan weakness. But in another sign that the situation in China is not as desperate as some are projecting, the yuan’s weakness is not broad based, and in fact it has been strengthening versus the CFETS FX basket.

This is also a sign that China’s dependence on the dollar is reducing, as the yuan’s weakness against the USD is not creating a much worse domestic slowdown which would likely lead to broad-based weakness in the Chinese currency.

Nonetheless, the dollar’s strength still matters for China, and is a risk to its domestic liquidity. Which is therefore a risk to global liquidity given’s China’s pivotal role in driving global money growth over the last 20 years.

Tyler Durden
Wed, 09/06/2023 – 09:05

via ZeroHedge News https://ift.tt/VJoaMuH Tyler Durden

Facebook Files: White House Peddled Obvious Foreign Lies About ‘Disinformation Dozen’

Facebook Files: White House Peddled Obvious Foreign Lies About ‘Disinformation Dozen’

A UK-based, government-linked dark money nonprofit operated by a far-left British Labour Party operative fabricated statistics about the so-called ‘disinformation dozen’ – people with large social media footprints that expressed vaccine or lockdown skepticism, according to the latest Facebook Files released on Tuesday by Rep. Jim Jordan (R-OH).

The Center for Countering Digital Hate (CCDH) run by a man named Imran Ahmed claimed that Robert Kennedy Jr. and 11 other people were responsible for 65% of “anti-vaccine content circulating on social media.”

That claim itself was disinformation, according to Jordan – who notes that Facebook employees were highly skeptical of the CCDH’s claims, which they said were just Americans expressing “vaccine hesitancy,” which is often “not misinfo” even under Facebook’s policies.

What’s more, the Biden White House repeatedly peddled the 65% lie as Facebook employees were preparing to draft a memo to CEO Mark Zuckerberg to complain about “pressure from … the White House” to remove the so-called Disinfo Dozen, even though they did “not believe we currently have a clear path for removal.”

According to the internal emails, Facebook continued to monitor the so-called disinformation dozen to justify censorship, only to find that the “majority” of them weren’t spreading misinformation.

The Biden White house kept pushing for censorship despite Facebook’s clear policy against cross-platform punishments except in rare cases. The White House also wanted Facebook to remove all URL links to off-platform websites which would “

The White House then pressured Facebook’s President of Global Affairs, Nick Clegg, to censor the ‘disinformation dozen’ even more – which led to frustration among Facebook staff, who said that Biden himself helped ensure that the CCDH’s influence had “unrelenting staying power.”

Longtime readers may also recall that the CCDH laundered lies about ZeroHedge through a trust-fund NBC News ‘journalist’ who immediately came under fire for peddling obvious propaganda against a competing outlet, and subsequently left to work for Al Jazeera (and now she’s gone from there too).

Tyler Durden
Wed, 09/06/2023 – 08:45

via ZeroHedge News https://ift.tt/NXZjoSn Tyler Durden

Biden’s Green Energy Inflation Reduction Act Needs A Big Bailout Already

Biden’s Green Energy Inflation Reduction Act Needs A Big Bailout Already

By Mish Shedlock of MishTalk

Surprise, surprise. Subsidies were not enough to make Biden’s energy projects profitable.

The Coming Green Energy Bailout

Taxpayers will soon be on the hook for The Coming Green Energy Bailout

The Inflation Reduction Act (IRA) includes hundreds of billions of dollars in subsidies for green energy, yet now renewable developers want utility rate-payers in New York and other states to bail them out.

According to a report late last month by the New York State Energy Research and Development Authority (Nyserda), large offshore wind developers are asking for an average 48% price adjustment in their contracts to cover rising costs. The Alliance for Clean Energy NY is also requesting an average 64% price increase on 86 solar and wind projects.

The IRA includes federal tax credits that can offset 50% of a project’s costs. But renewable developers say their costs are increasing faster than inflation and that the projects will “not be economically viable and would be unable to proceed to construction and operation under their existing pricing,” says Nyserda.

Irony alert: One reason is that the government-forced green energy transition is driving up demand for equipment, material and labor. “Growing demand for renewable energy projects nationwide ‘has exacerbated inflation for renewable project cost components relative to broader inflation levels,’” Nyserda says, citing the Alliance for Clean Energy NY.

The climate lobby says power from wind and solar is cheaper than from fossil fuels, but that’s true only with generous subsidies and near-zero interest rates. Price adjustments that renewable developers want in New York would make solar and wind two- to five-times more expensive than natural gas power.

Another irony: The IRA’s prevailing wage and domestic content conditions for bonus tax credits, which are necessary to make projects viable, inflate costs. That means U.S. taxpayers will pay more for the green corporate welfare, and utility ratepayers will pay more for renewable power. The climate lobby hits you coming and going.

Meantime, the computer chip maker Micron Technology recently disclosed that its planned factories in upstate New York, which are set to receive up to $5.5 billion in state subsidies, will consume as much power as New Hampshire and Vermont combined. Where will all the power come from?

The speed at which these projects blew up seems stunning. But it really isn’t.

EVs, solar, and wind projects don’t scale. Heck, they don’t scale even with subsidies. I have been saying this for months.

Needed minerals and and skilled labor are in short supply. The US is still dependent on China and other foreign countries for materials.

Biden has escalated trade wars with China, but China hasn’t even retaliated much yet. It can with rare earth elements.

Everything Biden does leads to more inflation.

Electric Vehicles for Everyone?

On July 19, I asked Electric Vehicles for Everyone? If the Dream Was Met, Would it Help the Environment?

My follow-up post was What Do MishTalk Readers Think About “Electric Vehicles for Everyone?”

Math Does Not Add Up

The EV math does not add up in the EU or here. But here we go anyway.

The Shocking Truth About Biden’s Proposed Energy Fuel Standards

In case you missed it, please consider The Shocking Truth About Biden’s Proposed Energy Fuel Standards

The National Highway Traffic Safety Administration NHTSA did an impact assessment of 4 fuel standard proposals and compared them to the cost of doing nothing. Guess what.

The NHTSA conclude: Net benefits [of stricter mile standards] for passenger cars remain negative across alternatives” vs doing nothing at all.

Tyler Durden
Wed, 09/06/2023 – 08:25

via ZeroHedge News https://ift.tt/jGy8MmO Tyler Durden

Futures Stumble After German Factory Orders Collapse And Surging Oil Spark Stagflation Fears

Futures Stumble After German Factory Orders Collapse And Surging Oil Spark Stagflation Fears

US equity futures and global markets are lower this morning with bond yields and the USD flat as collapsing German eco data and elevated oil prices reignited stagflation concerns across the euro area. As of 7:45am, emini S&P and Nasdaq 100 futures were down 0.2%. The Bloomberg Dollar Spot Index edged higher along with the Japanese yen, while oil-linked currencies retreated as Brent crude dipped from 2023 highs; commodities are weaker with a sell-off in energy and metals complexes. Treasury yields were little changed in a lackluster day for bond markets. Gold fell for a second day, while Bitcoin climbed for the first time in three days.

In premarket trading, tech is underperforming; sentiment was dented by headlines that China’s government workers were told not to use iPhones. As a result, the world’s biggest company, AAPL, is trading -0.7% pre-mkt with MegaCap names all in the red; meanwhile keep an eye on the Huawei chip story. Yesterday’s Fedspeak was dovish, but we have three speakers today and four speakers tomorrow, so let’s see if the tone sharpens. Corporate mentions of ‘recession’ have fallen ~75% from their 22 Q2 peak and are now below their 5-yr average (62 vs. 82). Today’s macro data focus includes ISM Services, Beige Book, and Mortgage Applications (they dropped -2.9% after rising 2.3% last week).

The Stoxx 600 index retreated 0.7%, falling for the sixth straight session (see below) after German factory orders plummeted in July, showing that the woes of Europe’s biggest economy are continuing into the third quarter.

It also bears asking: with China and Europe imploding, just how much longer can the lie of US “economic growth” continue?  Fears of stumbling growth and sticky inflation were also fanned by Brent crude prices holding just below $90 per barrel after the largest OPEC+ oil producers extended their supply cuts to year-end.

The collapsing economy in Europe and the ongoing economic collapse in China put pressure on equity futures in the US, if only for the moment, where signs are mounting that the Federal Reserve won’t cut interest rates any time soon. Because, you see, under the economic miracle of Bidenomics, the US can decouple from the rest of the world.

“The euro zone and UK are dabbling with recession, which markets had forgotten about three months ago,” said Rupert Thompson, chief economist at Kingswood Holdings. “It’s clear growth will head in the wrong direction in the coming months, which means equity markets will remain under downward pressure.”

Meanwhile, the soaring dollar forced Japan, whose yen may as well be renamed to lira, issued its strongest warning in weeks against rapid declines in the yen on Wednesday, with its top currency official saying the nation is ready to take action amid speculative moves in the market. The yen plumbed a 10-month low against the greenback. Shortly after, China’s central bank offered the most forceful guidance on record with its daily reference rate for the yuan, as the managed currency weakened toward a level unseen since 2007.

Going back to equity markets, European bourses are lower in a rather muted session, with the Stoxx 50 down 0.6% as stocks react to recent cross-asset moves. Banks are the main underperformers while other cyclical sectors such as miners and energy give up early strength. Real estate continues to trade well as the peak rate narrative in Europe continues to get traction (despite a slew of European Central Bank officials’ warning: don’t assume no action at next week’s meeting). The retrace higher in yields continues to get attention given the implications for equity valuations along with USD strength while the gap higher in oil risks fuelling a resurgence in global inflation. The UBS desk has been 60:40 better to buy on hedge fund demand in energy and semis while it has been a better seller of staples and telcos. It has also been active two-way in software with long-only buying and hedge-fund selling. Telcos are in focus following news of a stake build in Spain Telefonica. Here are the notable European movers:

  • InPost gains as much as 11% as company reported 2Q earnings that beat expectations thanks to rising parcel volume, higher pricing in Poland and reduction of losses in UK
  • Swiss Life rises as much as 3.1% after the life insurer reported 1H earnings analysts describe as “mixed,” praising the share buyback program but noting subdued real estate numbers
  • Telefonica jumps as much as 3.7% after the government-backed Saudi Telecom Co. invested about $2.25b to snap up a nearly 10% stake in the Spanish telecommunications operator
  • Halfords gains as much as 4.3% after the car parts and bicycle retailer reported revenue growth for the 20-week period to Aug. 18. A solid update with strong performance strong overall, Liberum says
  • Clas Ohlson gains as much as 11.5% after the Swedish retail group reported better-than-expected first-quarter earnings, with Kepler Cheuvreux lauding the firm’s cost control and strong margins
  • Bridgepoint rises as much as 3.3% after it announced a deal to add Energy Capital Partners which Morgan Stanley says is strategically consistent with previously identified aim to diversify capabilities
  • European renewable-energy stocks fall, with an index tracking the sector hitting a three-year low, as sentiment further soured as Barclays initiated Vestas with an underweight rating
  • Darktrace drops as much as 9.3% before paring losses after the UK cybersecurity company reported results that Jefferies analysts say show “strong underlying progress, but not without debate”
  • Idorsia falls as much as 9.5% after the Swiss drug developer repurchased the rights for aprocitentan from Janssen Biotech, Jefferies says the deal removes some hopes Janssen would acquire the firm
  • WH Smith drops as much as 6% after the UK newsagent and bookstore provided an update which RBC said was in line with expectations overall. Investec lowered its above-consensus estimates.

Earlier in the session, Asian stocks were mixed as losses in Chinese equities amid caution on the impact of government stimulus countered gains in Japan on a forex boost. The MSCI Asia Pacific Index fluctuated in a narrow range, with Tencent and Samsung among the biggest drags while Toyota and Sony provided support. Hong Kong and mainland China indexes were among the region’s worst performers as investors continued to monitor Beijing’s measures to stem the economic slide. That said, Chinese property developers notched dramatic gains on speculation that further stimulus is forthcoming.

  • The Hang Seng and Shanghai Comp suffered from tech weakness but losses stemmed as developers surged on hopes of further support measures and with Sunac up by over 60% after its return to the Stock Connect; additionally, further support came via China’s Premier Li and reports of a Hong Kong Financial task force meeting.
    • “The big trend for investors is to reduce exposure to Chinese equities, so every time there is some government measures to boost the market, people will sell into it,” said Vey-Sern Ling, managing director at Union Bancaire Privee. “That will be the case until we start to see positive impact from the measures, like better macro numbers and better housing sales.”
  • Japan’s Nikkei 225 bucked the trend after it reclaimed the 33,000 status and with tailwinds from a weaker currency.
  • Australia’s ASX 200 was dragged lower by tech and with most sectors pressured aside from energy which benefitted from the higher oil prices, while better-than-expected GDP data for Australia failed to inspire a turnaround.
  • Key stock gauges in India extended their winning run to a fourth straight session, the longest such streak since mid-July, led by gains in consumer-focused companies and index major HDFC Bank. The S&P BSE Sensex rose 0.2% to 65,880.52 in Mumbai, while the NSE Nifty 50 Index advanced by a similar magnitude. The MSCI Asia Pacific Index was up 0.1% for the day. A gauge of consumer-focused companies on NSE climbed 0.8% on optimism for strong demand in the upcoming festive period in the country.

In FX, the US economy’s perplexing resilience has boosted the dollar, with conviction growing that the European Central Bank will hold off raising interest rates at its meeting next week. The Bloomberg Dollar Spot Index rises 0.1%, adding to Wednesday’s gain, and near a 5-1/2-month high against a basket of developed-market currencies after a run of seven weekly gains. The yen is off its best levels, having earlier benefited from some modest jawboning by the Japanese government. The euro got a brief boost from comments by ECB rate-setter Klaas Knot, who said markets may be underestimating the chances of a September interest-rate hike. “Our long-term view is that the dollar is overvalued, but for now cyclical pressures are in the other direction, so the pressure is for the dollar to strengthen,” said Thompson, who expects the ECB to hold rates steady next week.

In rates, treasuries held small gains as the US trading day begins, trimming yields from the highest levels in a week reached amid Tuesday’s corporate new-issue explosion and crude oil price jumping to YTD highs.  Yields are lower across the curve by 1bp-2bp, 10-year around 4.25%, down from session high near 4.27%. Yields climbed 8bp-9bp Tuesday as 20 corporate borrowers raised a combined $36.2b, the most in a day since April 2020, reinforcing the reputation of the first trading day after US Labor Day as magnet for IG issuers; Nippon Life Insurance Co. has announced a benchmark-sized offering for Wednesday’s session. Focal points of US session include ISM services gauge at 10am New York time and comments by Boston Fed’s Collins at 8:30am.

In commodities, crude futures decline, with WTI falling 0.7% to trade near $86.10. Spot gold falls 0.1%. Goldman Sachs warned of upside risks to its end-year Brent target of $86 per barrel and UBS Global Wealth Management forecast Brent and US WTI benchmark to end the year at $95 and $91 per barrel, respectively.

Looking to the day ahead now, and data releases include German factory orders for July, Euro Area retail sales for July, and the August construction PMIs from Germany and the UK. Over in the US, we’ll also get the ISM services index for August, the final services and composite PMIs for August, and the July trade balance. From central banks, the Bank of Canada will announce their latest policy decision, the Federal Reserve will release their Beige Book, and we’ll hear remarks from BoE Governor Bailey and the Fed’s Collins and Logan.

Market Snapshot

  • S&P 500 futures down 0.2% to 4,492.00
  • MXAP little changed at 162.86
  • MXAPJ down 0.4% to 507.38
  • Nikkei up 0.6% to 33,241.02
  • Topix up 0.6% to 2,392.53
  • Hang Seng Index little changed at 18,449.98
  • Shanghai Composite up 0.1% to 3,158.08
  • Sensex down 0.4% to 65,549.72
  • Australia S&P/ASX 200 down 0.8% to 7,257.05
  • Kospi down 0.7% to 2,563.34
  • STOXX Europe 600 down 0.7% to 453.51
  • German 10Y yield little changed at 2.63%
  • Euro up 0.1% to $1.0733
  • Brent Futures down 0.8% to $89.36/bbl
  • Gold spot down 0.1% to $1,923.72
  • U.S. Dollar Index little changed at 104.74

Top Overnight News

  • China ordered officials at central government agencies not to use Apple’s iPhones and other foreign-branded devices for work or bring them into the office, people familiar with the matter said. The move by Beijing could have a chilling effect for foreign brands in China. Apple dominates the high-end smartphone market in the country and counts China as one of its biggest markets, relying on it for about 19% of its overall revenue. WSJ
  • The White House is seeking detailed information on Huawei’s latest flagship smartphone, which analysts have described as an important milestone for the Chinese tech group four years after US restrictions crippled its handset business. FT
  • Speculative bets that Chinese authorities will widen support for its property sector sent some of the country’s ailing developers surging by the most on record. Heavily indebted developers with depressed valuations were among those to rally the most, with Sunac China Holdings Ltd. soaring 68% alongside a spike in trading volume. China Evergrande Group closed up 83% — capping the biggest gain since its 2009 listing. BBG
  • Xi was “reprimanded” over China’s current direction by retired party elders at a recent retreat, with a warning that the country can’t survive further turmoil. Nikkei
  • Taiwan’s CPI for Aug overshoots the Street at +2.52% (up from +1.88% in Jul and ahead of the consensus +2.1% forecast), although the core number eases to +2.56% (down from +2.73% in July). BBG
  • Universal Music has struck a deal to reshape the economics of music streaming, with changes aimed at directing more money to professional musicians and away from a “sea of noise” that chief executive Lucian Grainge has criticized this year. The world’s largest record company and the French streaming service Deezer have agreed an arrangement they expect will lift payouts to professional artists by 10 per cent, in the first big shift in the music streaming business model since the launch of Spotify in 2008. FT
  • ECB officials warn markets that next week’s meeting outcome hasn’t been decided. ECB’s Knot warns markets not to underestimate the risk of a rate hike at next week’s meeting. RTRS / BBG
  • Investors are warning hedge funds that they will face redemptions and further pressure to cut their fees unless they can improve their performance, highlighting the strain placed on the industry by a dramatic rise in global borrowing costs. FT
  • Enbridge agreed to buy three utilities from Dominion Energy in a $9.4 billion deal to create North America’s largest natural gas provider. BBG

A more detailed look at global markets courtesy of Newsquawk

APAC stocks traded mostly in the red following the subdued handover from Wall Street where sentiment was clouded by the higher yield environment, a stronger dollar and rising oil prices. ASX 200 was dragged lower by tech and with most sectors pressured aside from energy which benefitted from the higher oil prices, while better-than-expected GDP data for Australia failed to inspire a turnaround. Nikkei 225 bucked the trend after it reclaimed the 33,000 status and with tailwinds from a weaker currency. Hang Seng and Shanghai Comp suffered from tech weakness but losses stemmed as developers surged on hopes of further support measures and with Sunac up by over 60% after its return to the Stock Connect; additionally, further support came via China’s Premier Li and reports of a Hong Kong Financial task force meeting.

Top Asian News

  • China’s Premier Li says they expect to achieve around the 5% economic growth target which was set earlier in the year.
  • Chinese diplomat Liu said the US and China are major trading partners and that China opposes decoupling.
  • US Commerce Secretary Raimondo said she does not expect any changes to Trump-era tariffs on China until the ongoing USTR review is completed, according to a CNBC interview.
  • BoJ Board Member Takata said Japan’s economy is recovering moderately and Japan is seeing early signs of achieving 2% inflation, while he added that there is a sign of change in Japan’s trend inflation as rising wages push up inflation expectations. However, he believes the BoJ must patiently maintain easy policy given very high uncertainty on the outlook and noted that inflation is already exceeding the BoJ’s 2% target but there is some distance to achieving it stably and in a sustainable fashion.
  • Japan Chief Cabinet Secretary Matsuno says it is important for FX to move stably reflecting fundamentals, sharp FX movers are undesirable. Will respond appropriately to FX moves if necessary, without ruling out any option.

European bourses are in the red, Euro Stoxx 50 -0.5%, in a similar fashion to the subdued APAC handover though performance for both regions lifted off lows towards the China close. Pressure in Europe also emanated from soft German data, though this comes with mitigating factors, and hawkish commentary from ECB’s Knot. Sectors are similarly lower aside from Telecom, where support stems from reports that Saudi’s STC has amassed a near-10% stake in Telefonica. Stateside, futures are also under pressure, ES -0.3%, but to a slightly lesser extent than the above action as the region is more tentative ahead of key US data and Central Bank speak. Apple (AAPL) iPhone and other foreign-branded devices have been banned in China for use by government officials at work, according to WSJ sources.

Top European News

  • ECB’s Knot says markets may underestimate a September hike, via Bloomberg; the September decision will be a close call. A further hike is only a possibility and not a certainty. Advises caution against pessimism on the blocs economy. ECB inflation outlook won’t differ much from the last quarter.
  • German Chancellor Scholz says to the Bundestag that he wants to propose a German pact to make the nation more fast, modern and secure. Will continue to promote the establishment of innovative firms such as chip factories. Rules out a debt-financed stimulus programme for Germany.
  • Germany’s IFW sees 2023 German GDP -0.5% vs. prev. view of -0.3%, 2024 at +1.3% vs. prev. view +1.8% and 2025 at +1.5%.

FX

  • DXY dips, but retains a firm underlying bid within 104.590-870 range irrespective of intervention.
  • Yen pares losses vs. Buck after Japanese jawboning, but USD/JPY fails to breach 147.00 having peaked around 147.81.
  • Euro underpinned against Buck as EGB/UST spreads converge, but EUR/USD capped ahead of 1.0750 and top of 2.53 bn expiry band starting at 1.0740.
  • Aussie elevated near 0.6400 vs Greenback as Yuan rebounds from overnight lows sub-7.3200 in response to onshore and offshore intervention.
  • Loonie lags pre-BoC as oil comes off the boil and Usd/Cad straddles 1.3650.
  • PBoC set USD/CNY mid-point at 7.1969 vs exp. 7.3097 (prev. 7.1783)
  • China’s major state-owned banks were seen withdrawing yuan liquidity in the offshore FX market and were seen selling dollars in the onshore spot FX market, according to sources cited by Reuters.

Fixed Income

  • Bonds off worst levels in Europe before solid UK and German auctions, but Bunds and Gilts remain below par between 130.48-131.16 and 93.36-70 respective parameters.
  • T-note idling within tight 110-05/109-29 band awaiting US trade data, services ISM, Fed speakers and latest Beige Book.

Commodities

  • A session of consolidation for crude after Tuesday’s Russia and Saudi induced gains; WTI Oct’23 and Brent Nov’23 are lower by around USD 0.70/bbl having slipped through and tested the USD 86.00/bbl and USD 89.00/bbl figures respectively.
  • Gas markets are attentive to the commencement of Australian LNG strikes on Thursday.
  • While metals feature near unchanged performance for spot gold, base metals are softer but in a similar fashion to Chinese bourses that have lifted off lows.
  • US Congress is set to sell off a 1mln bbl emergency reserve of gasoline which was created in the aftermath of Hurricane Sandy amid questions about the reserve’s usefulness, according to Bloomberg.
  • Russian President Putin spoke by phone to Saudi Crown Prince MBS, according to Ria; both praised high-level of OPEC+ coordination.

Geopolitics

  • India’s Foreign Minister said he doesn’t think the absence of Russian President Putin and Chinese President Xi from G20 has anything to do with India. Furthermore, he stated that G20 countries are negotiating to arrive at a consensus and have a declaration but added that there is a very sharp North-South divide and a sharper East-West polarisation.

US event Calendar

  • 07:00: Sept. MBA Mortgage Applications -2.9%, prior 2.3%
  • 08:30: July Trade Balance, est. -$68b, prior -$65.5b
  • 09:45: Aug. S&P Global US Composite PMI, est. 50.4, prior 50.4
  • 09:45: Aug. S&P Global US Services PMI, est. 51.0, prior 51.0
  • 10:00: Aug. ISM Services Index, est. 52.5, prior 52.7
  • 14:00: Federal Reserve Releases Beige Book

DB’s Jim Reid concludes the overnight wrap

There has been little back-to-school optimism in markets over the last 24 hours, with a decent selloff for equities and bonds as the US returned from holiday. There were several factors driving the moves, but a highlight was another rise in oil prices that saw Brent crude (+1.17%) surpass the $90/bbl mark for the first time since November. That followed an announcement from Saudi Arabia that they’d be extending their unilateral production cut of 1 million barrels per day until December, as well as one from Russia that they’d be extending their own cutback of 300k barrels per day over the same period. Russia’s move was in line with earlier comments, and actually a partial reversal of the 500k cut seen in August, but the length of the extension by Saudi Arabia was a surprise, as during the summer it had extended its production cut for one month at a time. So this added to the tight oil supply outlook (though oil prices did reverse by 1% from their intra-day peak as Europe closed).

This run-up in oil prices continues a trend that’s been going since the end of June, back when Brent was still only at $72/bbl. At the lows in June, Oil was c.-45% YoY. Now it’s nearly flat, down about -3% YoY as I type. The move has already had a clear impact on gasoline/petrol prices, and is expected to lead to some hot CPI reports in August, so the risk is that this further run-up will only add to those pressures in the September/October numbers. This could pose a tricky dilemma at a time when several growth indicators are already turning lower, particularly in Europe, since central bankers will have to decide whether to focus on above-target inflation, or whether they should ease up on rate hikes given the downturn in growth. It’s true that this won’t directly show up in core inflation since it’s energy, but the risk is you ultimately get second-round effects in other categories. In addition, since central banks’ targets are still measured in headline terms, it’s going to be harder for them to pivot in a dovish direction the longer inflation stays above target.

Another factor that has likely added to the recent bond sell off has been the anticipation of unusually high corporate bond issuance, with over $36bn of debt coming to market in the US as it returned from the Labor Day weekend. The $120bn of dollar IG issuance expected this month is just a shade over the median September issuance in recent years, but we’ve gotten off to a flyer with perhaps some strong front-loading given corporate blackouts and the FOMC meeting later in the month. The pressure on US Treasury yields then comes as investors hedge the interest rate risk.

Coupled with the negative news on inflation, this drove a sell off across the curve. 10yr Treasury yields were up +8.3bps by the close to 4.26%, which builds on their +7.1bps move on Friday after the jobs report. This is the largest 2-session increase since early July. In the meantime, real yields were back near their highs for this cycle, with the 10yr real yield up +3.9bps to 1.96%, which is just shy of its post-GFC closing high of 1.98% on August 21. And with real yields climbing further, that helped the US Dollar Index (+0.55%) to close at its highest level since March, at the time of SVB’s collapse. As we’ll see in the Asia section below we are seeing the FX intervention noise increase again.

Over in Europe it was much the same story, with yields on 10yr bunds (+3.3bps), OATs (+3.8bps) and BTPs (+5.1bps) all rising on the day. As well as the oil news, in Europe we also had the ECB’s latest Consumer Expectations Survey for July. That showed 3yr median inflation expectations ticking up a tenth to 2.4%, whilst 1yr expectations remained at 3.4%. So still above the ECB’s 2% target, and a change from the declining expectations that we saw in June.

In several respects though, the bigger story in Europe came from the final PMIs yesterday, which showed an even weaker picture than the flash readings. For instance, the final composite PMI for the entire Euro Area came in at 46.7 (vs. flash 47.0), and the services PMI came in at 47.9 (vs. flash 48.3). So that’s more evidence for increasingly weak growth in Europe ahead of the ECB’s decision next week, and will only add to the fears of stagflation.

For equities, it was difficult to advance against this backdrop, and the S&P 500 (-0.42%) saw a moderate decline. This was a broad-based reversal, with 83% of the index down on the day. The S&P 500 equal weight index was -1.2%. The only real exceptions were energy stocks (+0.49%) and technology (+0.39%). Indeed, tech mega caps had a good day, with the FANG+ index up +1.10%. By contrast, small-cap stocks suffered, with the Russell 2000 (-2.10%) experiencing its worst daily performance in 4 months. Notably, the S&P 1500 homebuilding index, which had been up nearly 50% year-to-date, saw its worst day since October 2022 (-5.49%), partially on sensitivity to higher real rates. Meanwhile in Europe, the STOXX 600 (-0.23%) lost ground for a 5th day running, continuing its series of small losses.

Asian equity markets are broadly trading lower this morning but with no incremental sell-off versus the US close. As I glance through my screens, Chinese equities are the biggest underperformers with the Hang Seng (-0.82%) leading losses followed by the CSI (-0.71%) and the Shanghai Composite (-0.42%). Elsewhere, the KOSPI (-0.64%) is also slipping while the Nikkei (+0.68%) is vastly outperforming its regional peers, rising for the eighth consecutive day. S&P 500 (-0.12%) and NASDAQ 100 (-0.20%) futures are moving a little bit lower.

Early morning data showed that Australia’s economic growth slowed at an annual pace in the June quarter (+2.1%) compared to an upwardly revised +2.4% annual rate in the previous quarter (v/s +1.8% expected) as the impact of rising interest rates and a disappointing post-Covid recovery in China is taking its toll. On a quarterly basis, the Q2 GDP expanded +0.4%, matching market expectations and against a revised +0.4% in the previous three months.

In FX, the Japanese yen (+0.12%) slightly strengthened against the dollar to trade at 147.55 albeit still trading near a fresh 10-month low even after Japan issued its strongest warning over sharp currency moves. Top currency diplomat Masato Kanda stated that the government will monitor foreign exchange moves and will consider timely action if speculative moves persist. The Yuan fell to 10-month lows even with a strong fix by the authorities. Local bank selling of dollars after the lows has moved it back to -0.1% on the day.

There wasn’t much in the way of other data yesterday. We did get the Euro Area PPI reading for July, which showed producer prices were down -7.6% over the year to July as expected. That’s the biggest annual decline since July 2009 after the GFC. Otherwise, US factory orders fell by -2.1% in July (vs. -2.5% expected).

To the day ahead now, and data releases include German factory orders for July, Euro Area retail sales for July, and the August construction PMIs from Germany and the UK. Over in the US, we’ll also get the ISM services index for August, the final services and composite PMIs for August, and the July trade balance. From central banks, the Bank of Canada will announce their latest policy decision, the Federal Reserve will release their Beige Book, and we’ll hear remarks from BoE Governor Bailey and the Fed’s Collins and Logan.

Tyler Durden
Wed, 09/06/2023 – 08:13

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China Broadens iPhone Ban For Government Officials At Work 

China Broadens iPhone Ban For Government Officials At Work 

For years, Beijing has restricted employees at some agencies from using Apple’s iPhone for work-related tasks. A new order includes iPhones and other foreign-branded devices across additional central government agencies. This comes one week after Huawei Technologies launched a new high-tech smartphone and an event next week by Apple to launch its new line of iPhones.

Government officials recently issued orders to their staff that iPhones and other foreign-branded devices are not suitable for work, according to the Wall Street Journal, citing people familiar with the matter. 

It’s unclear how many government agencies were hit with the iPhone ban, but what’s clear is that Beijing’s campaign to cut reliance on Western technology is full steam ahead. The people said, “Beijing has for years restricted government officials at some agencies from using iPhones for work, but the order has now been widened.” 

The latest order comes one week after Huawei launched a new smartphone powered by an advanced 7-nanometer processor chip, a sign that Beijing’s push to circumvent US efforts to crush its semiconductor industry via sanctions is failing. 

Beijing recently purged its agencies and state-owned enterprises of foreign technology, including computers, operating systems, and software, replacing devices with domestic products for national security reasons. This comes as China’s rivalry with the US intensifies, and lawmakers on Capitol Hill have been purging critical infrastructure of Chinese-made products. 

WSJ noted China is one of Apple’s largest markets and generates about 19% of overall revenue:

The move by Beijing could have a chilling effect for foreign brands in China, including Apple. Apple dominates the high-end smartphone market in the country and counts China as one of its biggest markets, relying on it for about 19% of its overall revenue.

What’s clear is the geopolitical rivalry between the global superpowers continues to worsen and shows no signs of slowing — each country is trying to eradicate foreign-branded tech from their government agencies and critical infrastructure due to national security threats. 

 

Tyler Durden
Wed, 09/06/2023 – 07:45

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Was There Standing in 303 Creative?

This series of posts, written by Prof. Richard Re (Virginia), is based on his draft article, “Does the Discourse on 303 Creative Portend a Standing Realignment,” which is forthcoming in the Notre Dame Law Review Reflection.

In my first post, I critically discussed some popular objections to 303 Creative v. Elenis and noted that case law established a “credible threat” test for standing. Now, I’d like to explore the issue of standing more extensively. Was the credible threat test satisfied in 303 Creative? Here’s an edited excerpt from my paper:

Drawing on the court of appeals decision below … the Court adduced three reasons why the threat facing the designer [plaintiff Lorie Smith] was credible. First, “Colorado has a history of past enforcement against nearly identical conduct.” This factor is very powerful. If someone has done something and been enforced against, that would seem to make it credible that a new person would suffer enforcement for similar conduct.

Second, “anyone in the State may file a complaint against Ms. Smith and initiate ‘a potentially burdensome administrative hearing’ process.” So, even if most or nearly all people in Colorado would decline to initiate enforcement against the designer, it would only take one person to initiate proceedings and generate alleged censorship. This too seems like a significant point in favor of standing.

Third, “Colorado [has] decline[d] to disavow future enforcement proceedings” against the plaintiff. With the case pending at the Court, the State was obviously well aware of what the plaintiff had in mind and could have put everyone at ease by disavowing any interest in enforcement – as sometimes does happen as late as oral argument. Yet Colorado declined to do so. Instead, the State stayed conspicuously quiet about whether it would enforce. Given the circumstances, that silence speaks loudly. Who wouldn’t view the threat as very credible indeed?

The Court then wrapped up: “Before us, no party challenges these conclusions.” The dissent, too, declined to take any issue with this persuasive and largely undisputed analysis.

If any justice or party before the Court had managed to cast doubt on these conclusions, there was even more that the majority could have said. As the dissent pointed out at length, the designer wanted to issue a notice on her website that she would not provide her services in connection with same-sex weddings. In other words, the designer wanted to advertise what many, many people—including the dissenters—would view as a policy of express, invidious discrimination. Isn’t it not just credible or likely, but extremely likely that the State of Colorado would take the same view? Wouldn’t many people on the left be outraged if the State took no action in the face of such a declaration?

And it turns outs that the designer’s right to post the notice depended in part on her right to turn away work relating to same-sex marriage. Whether you have a right to advertise a certain activity often depends on whether you can legally perform the activity. For example, First Amendment doctrine cares whether an advertisement regards unlawful discrimination or a restriction in restraint of trade, as opposed to voting and politics. That point carries over to 303 Creative. As the majority put it, “Ms. Smith’s Communication Clause challenge” (that is, her claim to post the notice) “hinges on her Accommodation Clause challenge” (that is, her claim to turn away work regarding same-sex marriages). Thus, the designer’s standing to challenge the notice effectively entitled her to adjudication of whether she had a right to turn away work expressing support for same-sex marriage.

Some sophisticated critics of 303 Creative have argued that the decision reflects a kind of double standard or inconsistency. Liberal claimants challenging things like Texas’s restrictive abortion laws end up not being heard, whereas conservative claimants do. In various forms, this kind of criticism is very old and quite plausible. Justices on both the left and the right sometimes find standing where doing so seems convenient in light of their merits views.

In light of what I have argued, however, this kind of allegation is inapt as applied to 303 Creative. This is a case where the existing rules were followed. Leading cases in the area are unanimous. And no appellate judge—whether of the right or the left—disputed standing in 303 Creative itself. So this critique alone cannot explain, much less justify, the intense jurisdictional criticism leveled in this case.

Other critics have focused on SBA List v. Driehaus, arguing that it’s distinguishable from 303 Creative. SBA List involved a group that spoke out against an electoral candidate. Under state law, any private person could initiate enforcement actions against false public speech, and the criticized candidate did so. Once the candidate’s election ended, the enforcement action was dismissed as moot, but the group (SBA List) sought prospective relief against future enforcement actions in connection with future speech. The Supreme Court unanimously concluded that SBA List had standing, and for reasons that should sound familiar. The group faced a “credible threat” of future enforcement actions that could be initiated by any number of persons in response to the group’s future speech. On its face, then, SBA List seems to support standing in 303 Creative.

Critics have pointed out that the plaintiff in SBA List had already been the target of an enforcement action, whereas the designer in 303 Creative hadn’t been. Under precedents like City of Los Angeles v. Lyons, however, personal enforcement history in itself isn’t relevant to the availability of prospective relief. At most, that kind of personal history is one potential way of establishing a credible threat in the future. And that is precisely why SBA List pointed to it: what the plaintiff had to show was a “history of past enforcement,” full stop. It just so happened that the plaintiff in SBA List made that key showing by pointing to its own experiences. While the designer in 303 Creative didn’t have that particular type of evidence of a credible threat, she had other evidence, as discussed above. So this distinction, while true, doesn’t make a material difference.

I don’t want to overstate the foregoing points. A good-faith judge could read SBA List narrowly, or otherwise construe case law to avoid standing in 303 Creative. Even so, a good-faith judge could certainly decline to distinguish or narrow the relevant precedents. And agreement on that is enough to let the Court off the hook for most of the jurisdictional criticism it has received.

But legal arguments about standing formed only part of the case against jurisdiction in 303 Creative. Factual concerns also played an important part—as discussed in my next post.

The post Was There Standing in <i>303 Creative</i>? appeared first on Reason.com.

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BRICS+: Gaining a Plan B residency in this growing trade bloc

The decline of the US dollar is a gradual process… Yet the expansion of the BRICS trade bloc is another clear sign that the dollar will continue losing ground. Today, we look at some exciting opportunities for residency and/or citizenship in this growing bloc.

Let’s get into the details below…

BRICS+ vs the USA: What the growth of this trade bloc means…

Recently there’s been a LOT of shrill commentary about the imminent “collapse” of the dollar, along with a lot of very bleak prognostications about China – and now BRICS – vs. the Land of the Free.

We find this kind of talk alarmist, frankly.

Yes, the US dollar is losing market share as the world’s reserve currency.

And if you’re looking for data points that the US is in decline – dysfunctional leadership, out-of-control sovereign debt, a decline in the rule of law, disastrous external conflicts, and growing social unrest at home – they’re all there.

Plus, it’s highly probable that this decline is only going to accelerate over time…

But, as Simon Black has frequently argued, we should see this development for what it is: simply another one of MANY steps towards replacing the dollar as the global reserve currency.

A quick backgrounder on BRICS, and why its growth is on people’s minds…

Founded in 2009, the BRIC trade bloc – comprising Brazil, Russia, India, China, and subsequently, South Africa (thus the current BRICS naming convention), recently announced that they’re growing.

Iran, Saudi Arabia, the United Arab Emirates, Argentina, Egypt and Ethiopia are all joining the bloc, now casually being referred to as “BRICS+”, starting on January 1 of 2024.

(Talk about a stellar new member line-up.)

To many people, the bloc’s growth represents the ascent of a new, emerging “multipolar” world order. And its existing member states (and China, in particular) are already working on ways to get out of using the US dollar for trade payments among themselves.

But as Simon has previously written, this motley crew (and especially China) each faces their own cocktail of serious economic and reputational problems. Consequently, this bloc is not exactly poised for world domination… Nor will they be, any time soon.

Nonetheless, the BRICS+ bloc will likely continue to grow in membership and influence. So for most rational folks, then, the real question is:

What is to be done to set oneself up for success at a time where an old world order is in decline, and a new one is gradually emerging..?

And our answer, as always, is: It pays to have multiple options for where you, your assets and your savings can live.

And here’s what those options could look like…

The BRICS+ nations offers ample options for easy residency and citizenship

If you’re looking for decent residency options across the BRICS+ countries, you’ll be spoiled for choice.

And the good news – none of the BRICS+ countries are EU members. That means that there’s no supranational government in Brussels to give them grief about whom they award residency and/or citizenship to or not.

(The EU actively tries to restrict investment-based residency and citizenship programs in the EU, as well as in countries that enjoy visa-free access to the Schengen Area.)

Plus, several BRICS+ countries also offer Residency and Citizenship By Investment programs.

Just have a look at the below selection of options:

Longtime Sovereign Man readers will no doubt already have Brazil on their radar (both for easy residency and birth tourism purposes, but more on that in a moment).

And Argentina, despite its multitude of challenges, is home to one of the fastest, easiest naturalization options in the world: you can apply for Argentine citizenship after just two years of residency.

In addition, the United Arab Emirates offers a wealth of easy residency options, however these won’t lead to any long-term or permanent residency status.

So if you’re willing to go live abroad for around three to four years to get a decent second passport – definitely consider Argentina.

But if you’re looking for a relatively affordable back-pocket / pure Plan B residency with major lifestyle appeal, few members of the expanded BRICS block – if any – can compete with Brazil.

Locking down your Brazilian Plan B – by property OR business investment

If you’re looking for a flexible, relatively affordable “Golden Visa” type option, then both Brazil’s company and property investment tracks could be really appealing.

Let’s have a look at the respective program requirements below:

Applying for Brazilian Permanent Residency and Citizenship

Here’s what you can expect from the residency, renewals and naturalization process at the:

  • Temporary Residency stage: Real estate investors start with temporary residency, issued for four years. But you still need to keep this residency active – you do it by spending at least 14 days within every two years in Brazil — or on average, one week annually.And good news for company investors – you can skip the temporary residency stage and move straight to permanent residency.
  • Permanent Residency (PR) stage: Again, company capitalization investors start with PR right away. And real estate investors earn this right after just four years.Brazilian PR is a great asset as it is valid indefinitely; you will just need to renew the ID card every ten years.

    And while there is no official minimum stay requirement to keep your PR active, visiting Brazil annually for a couple of weeks is recommended. This will help convince Brazilian authorities you are still “interested” in the country.

    Plus officially, investors need to continue holding their qualifying investment (although authorities seldom check unless you apply for naturalization).

  • Naturalization stage: All residents can apply for Brazilian citizenship after four years of permanent residency – after a total of four years (company capitalization option), and eight years (RE investors).To apply, investors must again show they still hold their investment.

    There are no official presence requirements to naturalize (outside of the requirement to keep your permanent residency active), but to increase your chances, strive to spend in Brazil at least six months annually during the permanent residency stage.

As investment thresholds, stay requirements and timelines to PR and citizenship go, we consider both of these options to be a slam dunk.

But ultimately we prefer the company formation option, as it:

  • Leads straight to PR, AND;
  • Still allows you to invest BRL 600,000 in real estate anywhere in the country, if you wish to do so (which is even cheaper than the lowest RE option, which is priced at BRL 700,000).

Alternatively, you invest in other assets, or simply opt to keep the funds in your company’s bank account. And the Brazilian passport, scoring a respectable B-grade in the Sovereign Man Passport Index, is a prize well worth waiting a couple of years for…

The bottomline…

For Americans thinking longer term and diversifying where they can live (and where they own property), putting down some roots in one of the BRICS member countries could be worth considering as a geopolitical hedge.

And if you’d like to gain a flexible second residency with a clear path to PR and citizenship in a friendly, exciting and beautiful BRICS country… then Brazil’s Business Investor Visa program, in particular, might be just the thing you need (especially if you want to obtain permanent residency right from the start).

We’ll be exploring some more of your BRICS+ residency options in future installments, so stay tuned…

Source

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Today in Supreme Court History: September 6, 1983

9/6/1983: The City of Richmond solicited bids for installing plumbing fixtures at the city jail. The J.A. Croson Company’s bid was denied because it did not meet the “set-aside requirement” for minority contractors. The Supreme Court declared this decision unconstitutional in City of Richmond v. J.A. Croson Co. (1989).

The Rehnquist Court (1989)

The post Today in Supreme Court History: September 6, 1983 appeared first on Reason.com.

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Arbitrary Rental Inspections Violate Search and Seizure Protections, Says Iowa Court


A gloved hand reaches through a cracked door that still has the deadbolt on. | Audioundwerbung | Dreamstime.com

Being a renter instead of a homeowner shouldn’t deprive you of constitutional protections for your rights, but a lot of local governments act as if that’s the case. In the guise of protecting public health, many communities require tenants and landlords to submit to regular inspections of rental properties without probable cause. They do so despite objections raised by owners and residents. But now an Iowa court has joined others in ruling that such invasions of privacy and private property are unconstitutional.

Legally Mandated Home Invasions

The conflict began in 2021 with the passage of an ordinance by Orange City, Iowa, requiring residential rental units be registered with the city for a fee and inspected every five years. No evidence of a code violation or probable cause of any sort was required prior to an inspection, and the ordinance specified: “If entry is refused, the inspector shall have recourse to the remedies provided by law to secure entry including, but not limited to, obtaining an administrative search warrant to search the rental unit.”

Unsurprisingly, landlords and tenants alike found the prospect of regular government searches of private property objectionable. Such searches are inherently intrusive and legally perilous since inspectors might encounter violations of law, real or invented, during a home invasion. That’s why warrants based on probable cause and not just administrative rubber stamps are required for searches by the Fourth Amendment as well as by state constitutions.

“Bryan Singer and Erika Nordyke want only people they know and trust wandering around inside their Orange City home. One of the city’s housing inspectors, Singer says, doesn’t qualify,” the Des Moines Register reported in June 2021. “Now, they’re challenging the city’s inspection regime in court. Two landlords and three tenants, including Singer and Nordyke, are suing the city in Sioux County district court, arguing that such searches violate their rights under the Iowa Constitution.”

In ruling on the legal challenge to Orange City’s inspection program, Iowa District Judge Jeffrey A. Neary focused on the sham nature of the administrative warrants relied upon by city inspectors. “The ordinance does not set forth any requirements, details, standard or level of proof, nor process or procedure for obtaining the administrative search warrant,” he wrote. The judge added that tenants “receive no prior notice of the search warrant application process” and so have no opportunity to contest the application. He pointed out that the administrative warrants are open-ended in scope, that nothing prevents police from accompanying inspectors, and that “evidence of illegal activity in the rental property observed by the inspector is reported to the City Attorney.”

Overall, the inspection program is a search-and-seizure nightmare. It completely bypasses protections in the federal Fourth Amendment and in the Iowa Constitution‘s similar Article I, Section 8, on which the plaintiffs relied.

“The Court finds here that there needs to be more safeguards or protective measures put in place as there are currently none in place in Iowa for the district court to use when considering a request or an application for an administrative search warrant,” the judge wrote in finding for the plaintiffs. He permanently enjoined the city from seeking administrative warrants to conduct inspections.

“Today’s decision striking down Orange City’s inspection ordinance is a major win for the basic privacy rights of all renters in Orange City,” commented attorney John Wrench of the Institute for Justice, which supported the plaintiffs. “You don’t lose your constitutional rights because you rent your home, instead of owning your home.”

A Local Victory with Big Implications

The ruling has repercussions well beyond one community since the Iowa League of Cities touts rental registration and inspection programs across the state. All such programs are now constitutionally suspect unless they can demonstrate they provide protection against unreasonable searches and seizures.

Beyond Iowa, the National Apartment Association, a trade group, objects that “rental housing inspection laws place an unnecessary financial hardship on owners, infringe on personal privacy rights, and single out apartment housing while excluding other property types.” Those inspection laws may run afoul of protections in various state constitutions such as those relied upon by the Orange City plaintiffs, as well as the guarantees in the federal Fourth Amendment.

“As the Supreme Court has noted, the ‘physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed,'” U.S. District Court Judge Susan J. Dlott noted in 2015 in a case challenging Portsmouth, Ohio’s Rental Dwelling Code authorizing mandatory inspections of rental units. “The Court finds that the Portsmouth RDC violates the Fourth Amendment insofar as it authorizes warrantless administrative inspections.”

Earlier this year, the city of Zion, Illinois, agreed to drop fines assessed against landlords and tenants who refused access to inspectors. The city had already amended its ordinances to respect probable cause requirements in the course of pursuing rental inspections.

Harassment By Inspection

The Zion case raises an important issue with regulation of rental properties: While justified on public health grounds, code enforcement and inspections are often used to squeeze out tenants and landlords deemed “undesirable” by local officials.

“Zion Mayor Al Hill acknowledged past enforcement problems with the ordinance and said the city has since changed its response to potential nuisance properties,” the Chicago Tribune reported in 2017 of the city’s rental housing policies. “He said the city sends fewer letters and no longer enforces the ordinance against domestic violence callers or tenants who are crime victims.”

Earlier, Hill had told city council members that Zion had “too many rental units” as they discussed inspection fees.

Clearly, the ability to conduct intrusive inspections of rental units without probable cause and to simultaneously look for violations of the law with which to charge unwanted residents are powerful weapons for officials to use against people they don’t like. That’s especially troubling if the people they don’t like are landlords and tenants.

Here is a reminder that constitutional protections for our rights aren’t just annoying hoops we make government employees jump through; they’re defenses against sometimes malicious officials who abuse the powers at their disposal. Orange City rental inspectors will now have to demonstrate some sort of probable cause before forcing themselves into people’s homes. That reduces the harm they can do, no matter what their motivation.

The post Arbitrary Rental Inspections Violate Search and Seizure Protections, Says Iowa Court appeared first on Reason.com.

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