您现在的位置: 纽约时报中英文网 >> 纽约时报中英文版 >> 国际 >> 正文

特朗普将资产转交儿子控制,再遭质疑

更新时间:2017-1-12 19:31:58 来源:纽约时报中文网 作者:佚名

Sons to Run Trump Business via Trust; Ethicists Still See Conflict
特朗普将资产转交儿子控制,再遭质疑

Just hours after President-elect Donald J. Trump said he would not sell his vast business empire and would instead hand it over to a trust controlled by his two oldest sons, the government’s top ethics monitor said his plan was wholly inadequate and would leave the president vulnerable to “suspicions of corruption.”

就在候任总统唐纳德·J·特朗普(Donald J. Trump)称他不会出售自己庞大的商业帝国,而是将其交给两个大儿子控制的一个信托机构几个小时后,政府最高道德监察官员说他的计划根本不周全,容易令总统受到“腐败的怀疑”。

The unusual public criticism from Walter M. Shaub Jr., director of the Office of Government Ethics, followed Mr. Trump’s most detailed explanation yet of his plans to distance himself from the global business operations of the Trump Organization. No modern president has entered the White House with such a complicated array of holdings.

在政府道德事务办公室(Office of Government Ethics)主任沃尔特·M·肖布(Walter M. Shaub)罕见地公开发表批评意见之前,特朗普对自己同特朗普集团(Trump Organization)的全球业务保持距离的计划进行了迄今为止最详细的解释。现代历史上尚没有哪位总统带着如此复杂的一系列资产入主白宫。

The specific steps Mr. Trump outlined include turning over to the United States Treasury any profits received at his hotels from foreign government clients. An ethics officer and, separately, a chief compliance counsel will be appointed at the Trump Organization to watch its operations and ensure that it is not receiving special terms, payment or favors as a result of its ties to Mr. Trump, even as the organization is managed by a trust controlled by his two oldest sons and a longtime legal associate.

特朗普概括的具体举措包括将一切来自外国政府客户的酒店收入交给美国财政部,并在特朗普集团任命一名道德官和一名首席合规官照管该集团的业务,确保其没有因为与特朗普的关系而获得特殊的条款、款项或照顾,尽管管理该集团的信托机构由他的两个大儿子和一个长期的法务合作伙伴掌控。

The president-elect, speaking at a news conference Wednesday in Trump Tower, repeated his view, expressed shortly after his election, that as president, he will be exempt from conflict of interest laws that apply to all other federal employees with the exception of the vice president. But he and his legal team said he would still take voluntary steps to avoid even a perception of a conflict, such as the appearance that a decision he made as president might benefit one of his business ventures.

周三在特朗普大厦的新闻发布会上,这位候任总统再次提到了他在当选后不久发表的观点,即就任总统后,他将不受适用于除副总统外的所有联邦雇员的利益冲突法的约束。但他和他的法律团队表示,他仍会采取自愿措施,避免出现哪怕只是让人觉得有冲突的情况,比如他以总统的身份做出的一个决定看上去可能会让他的某家企业受益。

But Mr. Trump and his advisers would not release basic information about this plan. Mr. Trump has filed information with the federal government that indicates he is worth at least $1.5 billion, but that information has not been independently verified, and the value of the assets being transferred into the trust is not known.

但特朗普和他的顾问不愿公布这个计划的基本信息。特朗普提交给联邦政府的信息显示,他的身家至少15亿美元(约合104亿元人民币),但相关信息尚未得到独立证实,移交给信托机构的资产价值也不得而知。

Mr. Trump’s representatives would also not release the names of people who stand to benefit from any profits the trust might generate, or say whether Mr. Trump would be able to reverse the transaction. On Wednesday, Mr. Trump rebuffed a renewed call to release his tax returns, which presidents have done for decades and which would show how much profit Mr. Trump makes from his businesses endeavors, including golf courses, marketing deals and commercial office space.

特朗普的代表也不愿公布从该信托基金可能产生的一切利润中获益者的姓名,或透露特朗普是否能够使相关交易逆转。周三当天,特朗普拒绝了重新出现的让他公布纳税申报单的要求。数十年来,历任总统都公布了自己的纳税申报单。通过纳税申报单可以看到特朗普从自己的商业活动,包括高尔夫球场、营销协议和商业办公楼中赚了多少钱。

Mr. Shaub, who was appointed to the ethics post by President Obama, said that he did not believe that selling assets was too high a price to pay to be president, and that Mr. Trump must divest them in order to avoid conflicts of interest.

被奥巴马总统任命为政府道德办公室主任的肖布说,他不相信对当总统这件事来说,出售资产的代价太过高昂。他还表示,特朗普必须剥离它们,以避免利益冲突。

“We can’t risk creating the perception that government leaders would use their official positions for profit,” said Mr. Shaub, whose office establishes ethical standards for 2.7 million civilian employees in the White House and more than 130 executive branch agencies. “I appreciate that divestiture can be costly. But the president-elect would not be alone in making that sacrifice.”

“我们不能冒险让人觉得政府领导人会利用公职牟利,”肖布说。他领导的办公室负责为白宫和130多个行政机构的270万文职官员制定道德标准。“我知道剥离资产代价高昂。但候任总统不是唯一一个做出这种牺牲的人。”

Mr. Shaub criticized Mr. Trump’s decision to put his assets into a trust, instead of under the far stricter control of an independent manager, known as a blind trust.

特朗普将自己的资产交给一个信托机构,而不是独立管理机构保密信托的计划,受到了肖布的指责。保密信托的管控要严格得多。

“The only thing this has in common with a blind trust is the label, ‘trust,’” Mr. Shaub said during an unusual news conference held Wednesday at the Brookings Institution, a policy research center in Washington. “His sons are still running the businesses, and, of course, he knows what he owns.”

“它和保密信托唯一的共同点就是‘信托’这个称谓,”肖布周三罕见地在华盛顿政策研究中心布鲁金斯学会(Brookings Institution)举行地一场新闻发布会上说。“他儿子仍在经营那些企业,他当然知道自己拥有什么资产。”

Even some Republican ethics experts questioned how far Mr. Trump had gone to confront the many ethical issues he faces. They noted, for example, that Mr. Trump did not promise to prohibit communication between federal employees and anyone at Trump Organization, or his current or future business partners.

就连一些共和党道德问题专家也怀疑特朗普为应对其面临的诸多道德问题究竟做了多大的努力。比如,他们指出,特朗普并没有承诺禁止联邦雇员与特朗普集团的任何成员,或是他目前或将来的生意伙伴进行交流。

“If you don’t have a real firewall, outsiders will view doing business with the Trump Organization as a way to gain access to the administration or to influence it,” said Matthew T. Sanderson, a Washington lawyer who worked on the Republican presidential campaigns of John McCain, Rand Paul and Rick Perry.

“如果没有真正的防火墙,外人就会把和特朗普集团做生意当作一种接触或影响联邦政府的途径,”曾在约翰·麦凯恩(John McCain)、兰德·保罗(Rand Paul)和里克·佩里(Rick Perry)的总统竞选团队任职的华盛顿律师马修·T·桑德森(Matthew T. Sanderson)说。

In fact, Mr. Trump and his legal advisers seemed on Wednesday to revise an earlier promise that the president-elect had made on Twitter in December, pledging that there would be “no new deals” by his company while he was in the White House.

实际上,周三当天,特朗普和他的法律顾问似乎想改变这位候任总统早前的一个承诺。该承诺是特朗普12月在Twitter上做出的,内容是在他担任总统期间,他的公司将“不进行新交易”。

Now, his legal team said, this standard will only apply to new foreign deals. The company will continue to look for new business opportunities — be it hotels, golf courses or other ventures — within the United States at a time when the Trump Organization brand has an unrivaled profile.

现在,他的法律团队说,这个标准将只适用于新的海外交易。在特朗普集团的品牌形象无与伦比之际,该公司将继续在美国国内寻找新的商业机会,不管是酒店、高尔夫球场还是其他项目。

Instead, the Trump enterprise will clear new transactions with an ethics adviser to be named by the president-elect in the coming days. That person will vet them for potential conflicts, using a standard that Mr. Trump’s advisers said had not yet been decided. A spokeswoman for Mr. Trump said he had always intended the “no new deals” promise to apply only to foreign deals.

相反,这位候任总统将在接下来的几天里任命一位道德顾问,特朗普集团将在这名道德顾问的帮助下处理新交易。此人将根据一项标准来审查相关交易,发现潜在冲突。但特朗普的顾问表示,标准尚未敲定。特朗普的发言人说,特朗普“不进行新交易”的承诺一直以来都只是指“海外交易”。

The influence Mr. Trump will have over foreign and domestic policy as president has raised questions about whether American policy could affect his bottom line. For instance, he will oversee the regulation of banks, some of which lend money to his company, and he will have frequent contact with foreign heads of state, including some who run countries where the Trump Organization does business.

特朗普当上总统以后将会对内政外交政策产生的影响力,已经引发了美国政策是否会影响其收益的质疑。例如,他将对银行监管事务进行监督,而他的公司会向其中某些银行借款;再比如,他将频繁接触外国政府首脑,而特朗普集团在其中一些人领导的国家里开展着业务。

Mr. Trump and his legal team appeared to be particularly sensitive to the suggestion that Mr. Trump might violate the so-called emoluments clause of the Constitution, which prohibits federal employees from taking any “present, emolument, office or title, of any kind whatever, from any king, prince or foreign state.”

特朗普和他的法律团队似乎对这样一种说法尤为敏感:特朗普有可能违反宪法的所谓“薪酬条款”,相关条款禁止联邦雇员接受“任何国王、王子或者外国政府给予的任何礼物、薪酬、职务或头衔”。

Sheri A. Dillon, a longtime lawyer for the Trump Organization from the leading Washington law firm Morgan Lewis, said that this clause, in her view, did not apply to market-value transactions such as a foreign government’s paying a hotel bill. But to try to address the question, the Trump Organization plans to donate to the federal government the “profits” derived from any payments from foreign governments to hotels it owns. Representatives of the organization did not reply when asked how this calculation would be made or whether a public accounting of the payments would be provided.

长期服务于特朗普集团的华盛顿顶级律所摩根路易斯(Morgan Lewis)律师谢莉·A·迪龙(Sheri A. Dillon)说,该条款并不适用于以市场价值为基础的交易,例如外国政府支付入住酒店的费用。不过,为了应对这一问题,特朗普集团计划将旗下酒店因外国政府官员入住而产生的“利润”捐给联邦政府。当被问及利润将如何计算以及是否会公开相关付款信息时,特朗普集团的代表未作回应。

But Trump Organization officials said this agreement would not apply to golf courses or other businesses. That means Mr. Trump could still benefit from payments by foreign governments, critics said.

但特朗普集团的管理人员称,该协议不适用于高尔夫球场或其他业务。批评者称,这意味着特朗普仍然能从外国政府支付的款项中获益。

Erwin Chemerinsky, the dean of the University of California, Irvine School of Law, also said the plan to turn over profits derived from foreign government payments to Mr. Trump’s hotels was not sufficient to eliminate the constitutional issue.

加州大学欧文分校(University of California, Irvine)法学院院长埃尔温·舍梅林斯基(Erwin Chemerinsky)也表示,把外国政府官员入住特朗普的酒店所产生的利润交出去的计划,不足以彻底解决宪法问题。

“As soon as he receives the payment, he will have benefited, even if he later decides to give it away,” Mr. Chemerinsky said. “This will mean he will have violated a provision of the Constitution.”

“一旦收到款项,他就受益了,即便随后决定将收益交出去,”舍梅林斯基说。“也意味着他已经违宪。”

“全文请访问纽约时报中文网,本文发表于纽约时报中文网(http://cn.nytimes.com),版权归纽约时报公司所有。任何单位及个人未经许可,不得擅自转载或翻译。订阅纽约时报中文网新闻电邮:http://nytcn.me/subscription/”

相关文章列表