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October 23, 2016 / 21 Tishri, 5777

Posts Tagged ‘bank’

Nostrums And Clichés

Wednesday, July 18th, 2012

The New York Times greeted the release of the Levy Report with a not unexpected shrill editorial that captured the sentiment of the Arab world, the consensus of international opinion, and the view of not a few Jewish organizations here in the U.S.

They should all calm down and actually read the report, a closely reasoned exposition on international law and the meaning of “occupation” and why Israel’s presence in East Jerusalem and the West Bank does not constitute the same. While many will no doubt disagree with its conclusions, they will no longer be able to drone on, mantra-like, in support of the Palestinians – at least not with a straight face.

We do not delude ourselves into hoping the political situation will change, but now there is something supporting an alternative point of view for those interested. A new framework for discussion, we believe, is upon us.

In an editorial last Tuesday entitled, “Wrong Time for New Settlements,” The Times said in part:

Palestinian hopes for an independent state are growing dimmer all the time. Israel is pushing ahead with new settlements in the West Bank and asserting control over new sections of East Jerusalem, which the Palestinians claim as their capital. Meanwhile, peace talks – the best guarantee of a durable solution – are going nowhere.Now comes another, potentially disastrous, blow. An Israeli government- appointed commission on Monday issued a report asserting that Israel’s 45-year presence in the West Bank is not occupation. The commission endorsed the state’s legal right to settle there and recommended that the state approve scores of new Israeli settlements…. Although non-binding, the commission’s recommendations are bad law, bad policy and bad politics. Most of the world views the West Bank, which was taken by Israel from Jordan in the 1967 war, as occupied territory and all Israeli construction there as a violation of international law.

As the details of the Levy Commission analysis become better known it will not suffice for the Times and others to simply fall back on traditional nostrums and clichés. It’s certainly telling that the Times attempted no discussion of the merits of the report.

Separate and apart from its merits in terms of legal analysis, the report can serve as an incentive for the Palestinians to get back to the negotiating table. If the Palestinians sense a hardening of Israeli resolve in terms of refusing to accede to the Palestinian narrative, perhaps they will return to the negotiating table without preconditions.

The Times doesn’t mention Palestinian recalcitrance as being any sort of impediment to resumed talks – only Israel’s settlement policy. Really helpful would be a Times editorial that for once eschewed condemnation of Israel and instead implored the Palestinians to at long last embrace reality and make a deal.

Editorial Board

An Anglo in the Knesset: Catching Up with Jeremy Saltan

Wednesday, July 18th, 2012

Why don’t you tell our readers a little about yourself. Where are you from? When did you make aliyah? What is your professional and education background?

My name is Jeremy ‘Man’ Saltan. I am 28 years old and I am married with one daughter. I made aliyah with my family from Chicago to Bet Shemesh in 1995 at the age of 11. I have been a resident of Mevaseret Tzion since 2006.

I spent my IDF service as a commander in the PDCs (Palestinian Detention Centers) for Security Prisoners. My first post was in Jenin during Operation Defensive Shield. I had an eventful service, and received ‘soldier of the year’ honors in 2005 for the Efraim district near Tulkarem. By the end of my service I was Deputy Warden of one of the jails. I’ve been in the reserves since my release from active duty, and I am a veteran of the second Lebanese war.

Following my army service, I worked for the OU (Orthodox Union) in Jerusalem as Assistant Director of NESTO (Native English Speaking Teen Olim), a sister youth group of NCSY that helped integrate Anglo teens into Israeli society.

I also opened Israel’s first comedy club in Jerusalem, Off The Wall Comedy Basement, with a partner. I served as manager for the club’s first two years before taking a more backseat role. I am in my fifth year as a house comedian. My routine focuses mostly on Israeli politics.

Aside from comedy, I have been active in other areas of the entertainment industry as a director, producer, actor, writer and model in theater, television and film.

I also spent a short while as managing director of a Jerusalem commercial real estate company.

I founded “Knesset Jeremy,” the only blog in English that documents all plenum discussions and bills passed, in 2010, and I write about Israeli politics in the Times of Israel.

I graduated two ICPT (Israel Center for Political Training) Bar-Ilan University programs on Knesset legislative work and political campaign management. I have an associates degree in political science from Liberty International University. I also completed various Dale Carnegie Business and Managment programs.

What do you do in the Knesset? How did you get that job?

I work in the Knesset for National Union Chairman Ya’akov “Katzeleh” Katz. I work on his social media and run his personal website. I also draft legislation and persuade Knesset Members from other parties to co-sponsor his bills. My most well-known work was on the Grunis Law, which canceled the minimum tenure for the Supreme Court president position, clearing the way for Asher Dan Grunis to get the job. I also worked very hard on the Outpost Bill which did not pass. I also work for the Faction Manager Uri Bank and help him with the factions’ daily Knesset tasks. When Bank was on vacation I led the weekly faction meeting with the MKs and I take over Bank’s role when he serves in the reserves.

I have volunteered for the National Union in each election since 1999. In the 2009 election I was the head of the party’s campaign in the Bet Shemesh area, which gave the National Union the highest percentage of the vote among the top 20 largest cities in Israel. After completing my studies at the ICPT in 2010 I started working with MK Katz.

Are there many Anglos in Israeli politics? Do you work with many? If so, what do they do?

I wouldn’t say there are many Anglos in Israeli politics but there are around a dozen of us. I work with them from time to time. To name a few of the Anglos I work with: National Union Faction Manager Uri Bank; Jonathon Javor, the Foreign Affairs Advisor to the Knesset’s Defense and Foreign Affairs Deputy Chairman Otniel Schneller; and Jonathon Daniels, who works for the Knesset’s Immigration, Absorption and Diaspora Affairs Committee Chairman and Deputy Speaker Danny Danon.

What would you say is the general attitude towards Anglos amongst Israeli politicians, if any?

Most Israeli politicians don’t understand why Anglos would make Aliyah because of the financial difficulties of living here. Some of the more cynical politicians think that Jews will do a better service to Israel if they stay in their home countries and make Israel a campaign issue there. The ideological politicians appreciate Anglos the most.

Jewish Press Staff

Despite Fervent Objections by All Seven ‘Green Line’ Universities, Ariel U. Becomes a Reality

Wednesday, July 18th, 2012

Samaria will have its first full university, pending the go-ahead of the Israeli military.

The Ariel University Center on Tuesday was recognized as a full university by the Judea and Samaria Council for Higher Education, which handles educational concerns in the “disputed territories.” The center, which has more than 10,000 students, Jewish and Arab, would be called Ariel University.

The 11-2 vote came despite a vehement recommendation against approval by the planning and budget committee of Israel’s Council for Higher Education, as well as opposition from the country’s other seven universities, and from public figures, all of whom objected to upgrading a college which had passed all the prerequisites for the boost, but was still unable to conceal the damning fact that it was located in the “West Bank.”

Last month, in a letter to Netanyahu, the presidents of Israel’s seven universities said that an eighth university would deal a “fatal blow to the higher education system in general, and the universities in particular.”

On Sunday, Finance Minister Yuval Steinitz announced that his ministry would earmark extra funds for the Ariel University Center, so that it would not cut into the funding of Israel’s other universities. Steinitz said he will ask the government to grant an allocation of some $5 million to $7.5 million for the next two fiscal years, with plans to increase the sum in future years.

That’s an approximately $4 million a year fatal blow.

Professor Daniel Zajfman, head of the Weizmann Institute of Science, said he would cancel all academic and professional cooperation with Ariel U.

Hebrew University President Menahem Ben-Sasson was concerned about gentile reaction to the move, specifically Norwegians and Swedes, warning: “We are putting the next Nobel Prize in danger.”

MK Einat Wilf, head of the Knesset Education Committee, said it was still all about the money: “If the Finance Minister and the Education Ministry have tens of millions of extra shekels for higher education, they should have been used to assist the existing universities, which are recovering from a decade of tough budget cuts.”

Again, that’s approximately $4 million a year.

For comparison, as of 2010, the Hebrew University deficit was estimated at $2.5 billion.

And the Tel Aviv University salaries and pensions alone have reached $165 million a year.

No doubt, depriving the fledgling Ariel of $4 million a year would go a long way to balance those hemorrhaging deficits.

Of course, the report on the center’s progress that was submitted to the committee of Israel’s academic establishment praises Ariel’s accomplishments and left no doubt as to its ability to take its rightful place as a major academic institution.

The final authorization for making the Ariel center a university will be made by the IDF central commander in the West Bank, Maj.-Gen. Nitzan Alon. At this point, Alon is expected to back up the Judea and Samaria council’s decision.

The Judea and Samaria council was established in 1997 after the Council for Higher Education refused to discuss academic issues concerning the “West Bank.”

In 2007, the Ariel academic center was granted temporary recognition as a so-called university center, and its status was to be reexamined within five years. The city of Ariel, with a population of about 20,000, is located southwest of the biblical city of Shchem, where the patriarch Jacob was hoping to settle down and study some Torah, when unexpected thing started to happen.

Like it or not, Jacob’s dream is becoming a reality now.

JTA content was used in this report.

Yori Yanover

NY Times: Stupid and Biased Again

Thursday, July 12th, 2012


The decision by a commission of legal scholars, led by retired Israeli Supreme Court Justice Edmond Levy, that Israeli settlement in Judea and Samaria is legal, created a storm of protest from the usual quarters.

Today I’m going to dissect one paragraph that epitomizes the misconceptions surrounding Israel’s legal rights in Judea and Samaria. It happens to appear in a New York Times editorial, but that’s really not important (unless you are still awed by the ignorance or malice of the editors of that newspaper).

Here is the paragraph:

“Most of the world views the West Bank, which was taken by Israel from Jordan in the 1967 war, as occupied territory and all Israeli construction there as a violation of international law. The world court ruled this way in 2004. The Fourth Geneva Convention bars occupying powers from settling their own populations in occupied lands. And United Nations Security Council resolution 242, a core of Middle East policy, calls for the “withdrawal of Israeli armed forces from territories occupied in the recent conflict.”

Most of the world

This can’t mean most of the world’s 6.9 billion people, most of whom don’t give a rat’s posterior about Israel. It probably refers to most of the members of the UN General Assembly, where there has been an automatic majority against Israel on every imaginable subject since the 1970s. Is this supposed to add authority to their argument?

view the West Bank

“West Bank” is a term applied to what had previously been called by its biblical names, Judea and Samaria, by Jordan in 1950. Using this expression obscures the historical Jewish connection and suggests that Jordanian control of the area, which lasted only 19 years, was somehow ‘normal.’

which was taken by Israel from Jordan in the 1967 war

This continues the theme that the normal situation was usurped by Israel in 1967. But when Jordanian troops marched into the area in 1948, killing and driving out the Jewish population, they violated the provision of the Mandate that set aside the area of ‘Palestine’ for “close Jewish settlement,” and the one that called for the civil rights of all existing residents — Jewish or Arab — to be respected. It also violated the UN charter which forbids the acquisition of territory by force. Only Pakistan and the UK recognized the annexation of the area (even the Arab League opposed it).

The Jordanian invasion and annexation of Judea and Samaria was, in fact, illegal under international law. Israel’s conquest in 1967, on the other hand, can be seen as a realization of the terms of the Mandate.

as occupied territory

As I wrote yesterday, the concept of a ‘belligerent occupation’ does not apply here. What country owned the territory that Israel ‘occupied’? Not Jordan, which was there illegally, nor Britain, whose Mandate had ended, nor the Ottoman Empire, which no longer existed. The nation with the best claim was Israel, the nation-state of the Jewish people, who were the intended beneficiaries of the Mandate. Judea and Samaria are disputed, not occupied, and the Jewish people have a prima facie claim based on the Mandate.

and all Israeli construction there as a violation of international law. The world court ruled this way in 2004.

This refers to the advisory opinion against the security fence issued by the International Court of Justice. The opinion refers to Israel as an “occupying power” and says that the fence is built on “occupied Palestinian land,” despite the fact that there is no legally delimited border between Israeli and ‘Palestinian’ land.

The Fourth Geneva Convention bars occupying powers from settling their own populations in occupied lands. And United Nations Security Council resolution 242, a core of Middle East policy, calls for the “withdrawal of Israeli armed forces from territories occupied in the recent conflict.”

Since the land is not ‘occupied’, the Fourth Geneva Convention does not apply. And even if it were occupied, legal scholars (including the Levy commission) have made excellent arguments that the Convention was not intended to apply to voluntary ‘transfers’ of population like settlements, but to forced deportations like the Nazi transfer of German Jews into occupied Poland.

Vic Rosenthal

US Agrees, Settlements are “Not Illegal”

Thursday, July 12th, 2012


The  legal tsunami gathering strength in Israel will soon engulf the world. A report is soon to be released that says, the Fourth Geneva Convention (FGC) does not apply to Judea and Samaria aka West Bank and that Israel has every right to build settlements there.

In January of this year,  PM Netanyahu set up the Levy Committee to investigate the legal status of unauthorized  West Bank  Jewish building. The Committee was headed by Supreme Court Justice (ret) Edmund Levy. It included Tel Aviv District Court Judge (Ret.) Tehiya Shapira and Dr. Alan Baker an international law expert, who was part of the team that devised the Oslo Accords.

The Committee reviewed legal briefs from right of center groups but also from far left  groups such as Peace Now, Yesh Din and Btselem. Its 89 page Report was submitted to PM Netanyahu a few weeks ago and is now under review by his Ministerial Committee on Settlements. Though the Report has yet to be formerly published, the contents are already well known.

It found that the settlements are not illegal. To reach this conclusion it first found that the Fourth Geneva Convention which applies “to all cases of partial or total occupation of the territory of a High Contracting Party” does not apply to Judea and Samaria because “Israel does not meet the criteria of ‘military occupation’ as defined under international law” … as  “no other legal entity has ever had its sovereignty over the area cemented under international law.”

Furthermore it found that there was no provision in international law which prohibited Jews settling in the area.

The UN and the EU have for decades repeated the mantra that the land is occupied and the settlements are illegal, both pursuant to the FGC but there has never been a binding legal decision on which they based their assertions. The US has been more cautious and considers the settlements “an obstacle to peace” or “illegitimate.” Nevertheless, it leads the chorus in demanding an end to Israel’s settlement construction.

In 2010, Nicholas Rostow  wrote in the American Interest regarding the legality of the settlements:

      “On February 2, 1981, President Reagan stated that the settlements were “not illegal,” although he criticized them as “ill-advised” and “unnecessarily provocative.” Throughout the Reagan Administration the U.S. government did not question the legality of the settlements; rather, it criticized the settlements on policy grounds as an obstacle to the peace process. In the United Nations, the United States voted against resolutions describing Israeli settlements as illegal.”

President George Bush followed suit and so did President Obama.

The Levy Report confirms the opinions of a large list of experts who have long claimed the same, including:

  • Stephen M. Schwebel, Professor of International Law at the School of Advanced International Studies of The Johns Hopkins University (Washington), former Deputy Legal Advisor of the U.S. State Department and President of the International Court of Justice from 1997 to 2000:“Where the prior holder of territory [Jordan] had seized that territory unlawfully, the state which subsequently takes that territory in the lawful exercise of self-defense [Israel] has, against that prior holder, better title.”
  • Eugene W. Rostow, Former U.S. Undersecretary of State for Political Affairs and Distinguished Fellow at the U.S. Institute for Peace:“The Jewish right of settlement in the West Bank is conferred by the same provisions of the Mandate under which Jews settled in Haifa, Tel Aviv, and Jerusalem before the State of Israel was created… The Jewish right of settlement in Palestine west of the Jordan River, that is, in Israel, the West Bank, Jerusalem, and the Gaza Strip, was made unassailable. That right has never been terminated…”
  • Julius Stone, one of the 20th century leading authorities on the Law of Nations, Doctor of Juridical Science from Harvard and Professor of Jurisprudence and International Law at universities in Australia and California:“The terms of Article 49(6) [of the Fourth Geneva Convention] however they are interpreted, are submitted to be totally irrelevant. To render them relevant, we would have to say that the effect of Article 49(6) is to impose an obligation on the state of Israel to ensure (by force if necessary) that these areas, despite their millennial association with Jewish life, shall be forever ‘judenrein’.”
  • David Matas, world-renowned human rights lawyer and honorary counsel to B’nai Brith Canada:“For there to be an occupation at international law, there has to be an occupying and occupied power both of which are members of the community of nations. The only conceivable occupied power for the West Bank is Jordan. Yet Jordan has renounced all claims over the West Bank.”
  • David M. Phillips, Professor at Northeastern University School of Law:Indeed, the analysis underlying the conclusion that the settlements violate international law depends entirely on an acceptance of the Palestinian narrative that the West Bank is “Arab” land. Followed to its logical conclusion – as some have done – this narrative precludes the legitimacy of Israel itself…The ultimate end of the illicit effort to use international law to delegitimize the settlements is clear – it is the same argument used by Israel’s enemies to delegitimize the Jewish state entirely.”
  • Jeffrey S. Helmreich, author and writer for the Jerusalem Center for Public Affairs:“The settlements are not located in ‘occupied territory.’ The last binding international legal instrument which divided the territory in the region of Israel, the West Bank, and Gaza was the League of Nations Mandate, which explicitly recognized the right of Jewish settlement in all territory allocated to the Jewish national home in the context of the British Mandate. These rights under the British Mandate were preserved by the successor organization to the League of Nations, the United Nations, under Article 80 of the UN Charter.”

The question of the applicability of the FGC was considered by the International Court of Justice (IJC), an arm of the UN, in its advisory opinion on the legality of the fence.

The IJC held that “the Convention applies, in particular, in any territory occupied in the course of the conflict by one of the contracting parties.”  In other words it ignored that the lands occupied must be the lands of “another High Contracting Party.”  This is not considered sound law and in any event, is not a binding decision.

The Supreme Court of Israel in its decision approving the fence as legal,  said  that “the question of the application of the Fourth Geneva Convention is not before us now since the parties agree that the humanitarian rules of the Fourth Geneva Convention apply to the issue under review.”  Thus it didn’t decide on the applicability.

The Left in Israel are screaming blue murder and referring to the Report as “born in sin” and a “political manifesto.”

On Monday, while speaking to reporters, State Department spokesman Patrick Ventrell said:

    “The US position on settlements is clear. Obviously, we’ve seen the reports that an Israeli government appointed panel has recommended legalizing dozens of Israeli settlements in the West Bank, but we do not accept the legitimacy of continued Israeli settlement activity, and we oppose any effort to legalize settlement outposts.”

What is interesting about this statement is that Ventrell did not comment on the finding that the FGC did not apply or that the settlements were not illegal.  He merely reiterated the US government position without substantiating it. Furthermore, the settlement outposts that the State Department doesn’t want “legalized” are legal, save for having not received their final approval from the Government of Israel. If they were really illegal by international law, Israel wouldn’t be able to “legalize” them. Put another way, the US position is that Israel shouldn’t exercise her rights because such exercise would be an obstacle to peace. It prefers to recognize the non-existing Arab rights rather than the real rights of the Jews/Israel.

Accordingly, the legal conclusions of the Report are sound.  What will the fallout be?

Well for starters, the UN may ask for another advisory opinion from the ICJ on the validity of this report but why bother, it already has one on the applicability of the FGC. It probably will choose to ignore it as just another opinion. Meanwhile the existence of the report will take the wind out of the sails of the US and the EU as they try to damn the settlements and Israeli actions. The US will have to acknowledge that since President Reagan, it has considered the settlements to be “not illegal” but only, ”ill-advised.”

PM Netanyahu will have to decide whether he will embrace the Report and act accordingly or whether he will wait for the issue to be adjudicated by Israel’s High Court. It is highly unlikely that this Court will fly in the face of the named experts, the US Government and the Levy Report. The Court has previously held that the settlements were legal.

From a political point of view, he cannot ignore the Report.  A political storm is raging. Likud MK Tzippi Hotovely is preparing a Bill that will “endorse the principles of the Levy Report and will require the establishment of a judicial tribunal in Judea and Samaria which will be given the responsibility of discussing matters related to land ownership, the establishment of an Israeli land registry in Judea and Samaria and applying Israeli building and planning laws on Judea and Samaria.”

Where does that leave the international community?  The foundation of their attacks on Israel will have been destroyed. It will be hard to ignore the Report and harder still to ignore a confirming decision by Israel’s High Court. It will no longer be able to claim with a straight face that the lands are “occupied Palestinian lands” or that the settlements are illegal.

Congress will no doubt strongly endorse the Report with or without a decision of the Supreme Court of Israel.

The upshot of all this will be that Israel will end the de facto building freeze and start construction of settlements in earnest. It will also signal the end of the pursuit by Israel of the two-state solution. The Israeli center will no longer believe that Israel is an occupier and instead will believe that the land is theirs, which it is.

Presently there is a significant movement in Israel advocating Israeli sovereignty over all of Judea and Samaria, even if that means making citizenship available to qualifying Arabs.

Israel must decide between two risky alternatives; either accept the two-state solution based on ’67 lines with swaps or annex the land and contend with an extra 1.5 million Arabs within its borders. With the latter alternative, the Jews would be left with a stable 2:1 majority. Israelis are already trending to the latter and this Report will accelerate that trend.

The Arabs in Judea and Samaria will not accept such a two state solution because it will preclude the “right of return” and will require them to recognize Israel as the Jewish State. Furthermore it will require them to sign an end-of-conflict agreement which they will never do. If Israel chooses to claim sovereignty, the Arabs will have to decide whether to push for citizenship or to accept autonomy.

This tsunami will change the political landscape for the better and forever.

Ted Belman

Peres: Settlements a threat to Israel

Wednesday, July 11th, 2012

Israeli President Shimon Peres called Judea and Samaria settlements a threat to Israel.

The remarks were made on Tuesday at the annual ceremony in memory of Zionism founder Theodor Herzl, and addressed a report released Sunday that said “Israel does not meet the criteria of ‘military occupation’ as defined under international law” in the West Bank, and that therefore settlements and West Bank outposts are legal.

“It is doubtful that a Jewish state without a Jewish majority can remain Jewish,” Peres said, inferring that settlements would lead to the inextricable inclusion of the Palestinians living on the West Bank.

The Obama administration criticized the findings of the Levy Committee report.

“We do not accept the legitimacy of continued Israeli settlement activity and we oppose any effort to legalize settlement outposts,” State Department spokesman Patrick Ventrell told reporters Monday evening in answer to a question about the Levy Committee report. Ventrell added that the State Department is “concerned about it, obviously.”

U.S. Deputy Secretary of State William Burns could bring up the report during meetings this week in Israel. Burns will be there with Secretary of State Hillary Clinton during her visit to the region.

The Levy Committee, which was formed by Prime Minister Benjamin Netanyahu and headed by former Israeli Supreme Court Justice Edmond Levy, called in its 89-page report for the legalization of all outposts and allowing people who built homes on Palestinian-owned land to pay compensation to the alleged owners, recommends changing the legal regulations concerning Jewish settlement in Judea and Samaria in the areas of zoning, demolitions and building.

Leftist Jewish groups in the United States criticized the report.

Americans for Peace Now in a statement called on the government of Israel “to repudiate the findings of the commission it appointed to address the problem of illegal outposts in the West Bank.” APN added that Israel “would cause terrible damage to its international standing, to its relationship with the United States, and to prospects for peace with the Palestinians and the Arab world” if the government adopted the report.

J Street called on the Israelis “to reject the committee’s recommendations and to choose instead a path that leads to two states, thereby securing both Israel’s Jewish and democratic future.”

The findings of the committee are subject to the review and approval of Israeli Attorney General Yehuda Weinstein.

Netanyahu established the committee in January after settler leaders called for a response to the 2005 Sasson Report on illegal outposts, which concluded that more than 100 West Bank settlements and outposts constructed from the 1990s and forward were illegal.


Chicago Chabad House Files for Bankruptcy to Avoid Foreclosure

Friday, June 29th, 2012

The brownstone housing the Chabad Lubavitch of the Loop, Gold Coast and Lincoln Park was to have gone on the auction block Wednesday, but the bankruptcy filing this week gave Chabad additional time to repay a bank loan, the Chicago Tribune reported.

The group has found a way to pay its debts but needed more time, Rabbi Meir Chai Benhiyoun said, according to the Tribune.

Seven years ago, Chabad sought to build a new center at Chestnut and Clark streets, on Chicago’s so-called “Gold Coast,” and used its building on North Dearborn as collateral to the bank on the $4.9 million loan.

Following the economic downturn, donations for Chabad took a hit, the bank changed its rules and the organization was unable to finance its loan on the new property.

The Chabad House has served as a residence, classroom and a place to stop for Jewish travelers on visits to Chicago.


Printed from: http://www.jewishpress.com/news/breaking-news/chicago-chabad-house-files-for-bankruptcy-to-avoid-foreclosure/2012/06/29/

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