Emergence of sustainable SRI

Like solar powered cars and communism SRI is a well meaning but ultimately unworkable and fatally flawed ideology. The commonly held mindset is that allowing a moral code or environmental concerns to be the determining factor behind a business model is mutually exclusive to recording a profit.   

However, as we enter the final years of the 21st century’s first decade the collective thoughts of the financial world seem to be turning towards SRI. There can be no doubt that there is a huge shift towards SRI in Europe which can be seen in the massive increase in Core SRI, funds that use ethical exclusions and positive screening criteria before selecting what to invest in. The total of Core SRI funds under management in Europe totalled €105m as of December 2005 according to the 2006 European SRI study carried out by Eurosif.

Broad SRI, funds that use even stricter selection criteria, including engagement (investors influencing and encouraging ethical business practices), norms-based screening (judging companies against their compliance to international standards, set by UNICEF, OCED etc) and simple exclusions (broader exclusion of whole sectors i.e. gaming, arms and tobacco) totalled €1.033trn in December 2005.

A reflection of this is the growth of the Dow Jones Sustainability Indexes (DJSI) which was created in 1999 in response to the number of investors who were diversifying their portfolio with SRIt. The family of DJSI indexes is used by financial companies in 16 countries and more than $5.5Bn of assets are managed against the index series. For a number of companies being listed on the DJSI index is now a corporate goal and in January 2008 the indexes were licensed to Barclays Capital. The establishment of an index such as the DJSI shows how SRI can now be seen as a mainstay and an ever increasingly important feature of financial activity and will only continue to grow in the future.     

Alongside this can also been seen the rise of Shariah compliant investment, a form of SRI that is governed by Islamic law and as such has a strict selection criteria. Investment in businesses related to, among others, gambling, alcohol and tobacco is prohibited. It also enforces a ban on securities that receive revenue made from financial interest, referred to as Riba. Shariah compliant products provide investment opportunities to people of the Islamic faith but are now increasingly attractive to investors outside the Muslim world.

Transparency and accountability
Shariah investment meets the growing consensus that investment needs to be morally guided and the strict rules governing Shariah investment lead to much higher levels of transparency and accountability, something investors relish in the wake of scandals such as the Soc Gen case in recent months.

However a clear conscience and social responsibility alone are not the only reasons behind the rise of Shariah compliant investment. It is a booming market which is predicted to only continue growing and the collective amount of assets in this type of fund is more than $250bn. The market continues to grow at an estimated rate of 15 percent annually and there is further $200bn of assets housed in Islamic windows or divisions of conventional banks.

The variety and ingenuity of Shariah compliant investments make them attractive to investors. A clear example of this can be seen an investment process adopted by FWU, a long time leader in the field.

 Their Selection and Allocation Model (SAM) uses a reactionary process rather than a predictive one and benefits from the discipline of being Shariah compliant. As a result of being a fund that is strictly and ethically regulated the scrutiny of investment selection extends to ensuring that that best possible investments from a financial point of view are made as well. In the SAM mode a strict set of criteria must be met during the construction of the fund universe. The result of this is a carefully screened, constantly monitored portfolio that as well as constantly being evaluated on ethical grounds is also continually evolving to maximise return.

While there has been a growth of Shariah compliant SRI which is driven by ethical and religious considerations there has also been a massive growth of sustainable SRI driven by ecological factors. A number of reports and studies by respected figures and bodies have shown up the ecological and economic folly of carrying on with a ‘business as usual’ attitude and as a result there has been a sea change in the attitudes of investors.

One major reason behind the emergence of sustainable SRI is the growing realisation and acceptance of the widespread and far reaching problems that climate change will cause on an economic as well as an ecological level. It could be said that the financial community is learning that what happens to the physical world will have a bearing on the economic world as well.

Concerning conclusions
A major report into the impact of climate change on the economy commissioned by the UK treasury and carried out by Sir Nicholas Stern threw up some concerning conclusions. The report states that the impact on the economy of statistically likely events such as mass migration and desertification caused by a 2-3 degree rise in global temperature would be devastating for the global economy. Sir Nicholas himself in February of this year commented that if the current consumption of fossil fuels continues it would constitute the “most colossal market failure in history” due to the ecological fallout that would result.

It follows then that continuing to record the same level of investment in industries that contribute to climate change is not only irresponsible but dangerous. If these industries continue to be provided the means to act as they have been, the consequences of their actions will in turn cause a financial meltdown. Put simply encouraging activities that are ecologically unsustainable through investment will actually result in the collapse of the global economy. Therefore the move to sustainable investment is part self preservation.

Another reason behind the growth of sustainable investment is the impact of political pressure and policy changes. In the future studies and investigations into climate change such as the Stern Report are only going to paint an even more worrying or depressing picture. As a result climate change or rather attempts to combat it, will have political importance attached to it and as such policy will punish the involvement in activities that are seen to contribute to it.

Some examples of investors turning to or exploring sustainable alternatives because it is believed that involvement in carbon heavy industries to be costly as a result of current or anticipated policy changes have already been seen. During the buyout of the Texan energy utility TXU, the private equity consortium behind the purchase pulled the company out of plans to build eight coal fired power stations. The threat of costly regulation being introduced for ecologically damaging processes makes them a less profitable, and therefore less attractive, option for investors.

Conversely this makes ecologically sound activities a far more attractive option as demand is likely to be high and government aid, subsidies and tax benefits is sure to be supplied, boosting the likelihood of investors becoming involved in them. In the next few years as the threat of climate change becomes more tangible sustainable products and solutions will only become more popular in the and it is an economically sound strategy to invest in them early and watch a high return on your investment. For example FWU sustainable SRI products have performed consistently above the benchmark performance, over three years it performed better by a factor of 11 percent.  

Economic principles
While it would be nice to think that a collective growth of a conscience is the major factor behind the increase in sustainable SRI, the simple truth is that it’s the most basic economic principles that are driving it. If carbon heavy activities were likely to remain profitable in the long term investment in them would remain the same. However due to the ecological consequences and possible government intervention they are not and as such alternatives which are free of these limitations grow in popularity.

In short, the move to SRI, including the rise of Shariah compliant investment is actually caused by traditional market forces and ultimately due to the biggest motivating factor, profit. While greater transparency and ethical behaviour are important considerations if the performance of SRI was poor it would not be as popular as it is now. If investment in carbon heavy, ecologically dangerous markets was to remain as profitable as it has been for most of this century and the last they would continue to dominate.

If sustainable markets remained niche and unprofitable then they would still be largely ignored by investors. Additionally if Shariah investment hadn’t introduced a new methodology that yielded better results it would remain a religious based form of investment only suitable for those of that faith. But as it stands SRI funds continue to perform well and it is the return on investment not a clear conscience that is the driving force behind their growth.

For further information:
Email: s.jaffer@fwugroup.com
Website: www.fwugroup.com
 

A new investment analytic

As a leading global asset manager with more than €555bn in assets under management, DB Advisors is used to offering clients a broad range of services and products. With a truly global network spanning the Americas, Europe and Asia Pacific, combined with the financial strength and resources of the Deutsche Bank Group, DB Advisors makes a point of always trying to empower its clients with a choice of products specifically tailored to their requirements.

In recent years though, DB Advisors has discerned a trend amongst investors to seek out more than a straightforward return with their capital. Potential investors today are asking questions that go far beyond the financial detail. They want to know about the social, ethical, environmental and regulatory context before parting with their cash. So why is this happening?

Ethical investment
DB Advisors has identified three key drivers behind this trend towards responsible investment. The most important could be described as statutory and regulatory pressure. Increasingly, many pension funds in their statutes have clauses on ethical or social issues that have to be taken into account. So ethical issues now increasingly amount to a fiduciary issue for the trustees which was not the case before. As far as regulatory pressure is concerned, this might take the form of government mandates to reduce emissions, encouraging the uptake of cleaner energy and the avoidance of legacy-focussed fossil fuel companies.

Secondly, in this age of an omnipresent media, not just TV and radio, but especially the internet, there is more opportunity for extended and often negative media coverage for companies that make questionable judgements or just mistakes. This has led to the intense questioning of certain business practices, concerning pollution for example and so investors are asking fund managers, why do they own stock in certain companies that do not subscribe to the ethos of responsible investment?

Finally, there is more academic research on the effects of non-financial issues on a given stock – or bond’s – performance, the cost of capital and the financial returns of companies in general. Naturally, this is raising an awareness that was just not there before.

The evolution
In the beginning, social and ethical investment originated from an ideological niche, grounded in values that related primarily to the environment and they tended to have a more political, religious agenda, let’s call it a kind of negative exclusion approach. So this Weltanschauung (worldview) would say “These companies – oil, defence, gambling – are bad, end of story” What’s happened is that since then, ethical and social investment has evolved into a much more inclusive approach. At DB Advisors, it is believed that there are a range of factors, Environment, Society and Governance – call them ESG factors – that need to be taken into consideration. Using these ESG criteria, DB Advisors has been able to rank companies and focus on the best in their class rather than simply exclude the worst.

Improving performance
In recent years, the performance of SRI funds has increased markedly. This has happened for two reasons. First of all, many SRI funds have been invested in a high growth part of the market; namely alternative energy and emissions reduction technology. Secondly, unlike before, ESG funds have also increasingly focussed on performance as an outcome rather than a mere by-product.

Clearly, it is not easy to combine environmental, social and governance issues with investors’ financial objectives. At first glance, you would assume that these criteria would straight away reduce the size of the stock universe available to the fund manager. But that’s only if you apply the old understanding of ethical investing, i.e. you work to the negative exclusion approach. DB Advisors does not do that because its “best in class” approach does not start on the basis of exclusion. Rather DB Advisors takes an unconstrained global stock universe and then applies its proprietary ESG rating process. This filters the better half, whilst still looking at the fundamental upside. Typically, the system may find two stocks, with a similar valuation and risk consideration, so DB Advisors’s approach would be to then pick the one with the better ESG performance.

Understanding the ESG investment approach
One way you could look at the ESG criteria, is to examine the dynamic role of ESG factors over time. An unenlightened approach is to instantly decide that Company ABC is polluting the environment, therefore it is negative and has nothing to offer. But DB Advisors’s ESG system is more concerned with the positive momentum in ESG performance and the monitoring of how Company ABC is progressing in dealing with pollution. A good example of this is BP. BP is today working hard to make its pipelines less susceptible to leakages, following a major pipeline leak in Alaska in 2006. That is the sort of improvement that may provide upside for the future ESG rating. Equally, another example is Siemens and the emergence of a huge corruption and bribery scandal in 2006. They have taken great strides to prevent this happening again and that draws attention from a dynamic ESG perspective. Our ESG understanding also rewards exemplary behaviour, the pro-active introduction of policies in the company to avoid for example, corruption, child labour issues or health threats to consumers. That puts a premium on the company in terms of ESG ratings. And buying on the ESG improvement can go some way to reducing the long-term risk in the stock.

One must be careful though not to exclude smaller stocks that simply don’t have the resources, e.g. dedicated investor relations or sustainability departments, to fill in SRI questionnaires. The important point is that they are continuing on the right path and to recognize that clean energy business models are also evolving. The bottom line is that it’s all about the rewarding the positives rather than punishing the negative. This flexible dynamic manner approach means that you don’t really have to restrict the size of the portfolio

ESG investment themes
The areas that come under ESG are still evolving and DB Advisors fully anticipates them varying over time. Today the emphasis is on environmental issues, clean energy and renewables, energy efficiency, reducing, controlling or avoiding emissions and then anything to do with waste avoidance and waste recycling. Other areas to include are personal health and development and corporate governance. This last one is just as important. It covers the issues around proxy voting, fulfilling one’s fiduciary duties as a shareholder in certain companies. At DB Advisors we do believe in voting on Proxies, look at AGMs and voting with the shares we own. For all that, DB Advisors does not buy stock to exert pressure on a company, like an activist investor might do. But we do take our fiduciary responsibility very seriously.

The major advantages of ESG investment
For ESG factors, it does help to take a longer-term view. Business practices, models etc. are aspects that come to fruition over the longer term, not the next quarter. So on the plus side, if you are an investor with a long-term pension or savings plan, it is advantageous to think about areas such as Corporate Responsibility and the Environment which over time, will more likely be priced in as a positive than they are today.

Like any other investment theme though, how advantageous it is to you depends on the product. In broader terms, there’s some recent academic research that suggests that you can have the same returns with lower risk as corporate responsibility was found to influence the cost of capital. Accordingly, lower volatility can be achieved by investing in companies that have a higher ESG ranking. DB Advisors meanwhile, has a clear commitment to achieving non-financial objectives without compromising investment returns – this also includes taking a participatory role in business models of the future. DB Advisors eschews a mechanistic approach which tends to exclude smaller companies, which often don’t have the resources to provide answers to derive meaningful rating conclusions. It’s just wrong to penalise smaller companies.

From DB Advisors’s perspective, the ESG investment theme completes its product range nicely and broadens its market appeal. And if you look into the theoretical approach, it could actually become a mainstream aspect of financial analysis. So it’s well worth DB Advisors participating at the beginning. ESG factors certainly do appear to have an impact on the risk factors. Consequently, it may just become part of the mainstream investment selection process. Investors should understand that ESG is at least partly about evolving with the trends that are emerging and there’s no reason to miss out on them.

The major disadvantages
It depends on the offering and the product in question and the risk/return profile of the investor. One risk that exists for each investor is that if you focus too much on excluding stocks on various criteria without looking at the return opportunity. You could avoid any potential disadvantages that may arise from an offering by not compromising on the risk-adjusted return proposition. Similarly, all investment houses should be careful not to be put into an unintended ideological corner when implementing non-financial criteria in the investment process.

DB Advisors and ESG – the right side of the future
We firmly believe that DB Advisors is ahead of the curve in offering products based around ESG criteria. DB Advisors doesn’t take an ideological approach to investment. The focus is still on the return to the investor.

To that end, DB Advisors (and her sister company DWS) initiated the ESG Award for ESG Performance of German companies. There are two award categories, DAX 30 and TecDAX. The study was headed by Professor Alexander Bassen from the University of Hamburg and accompanied by the ESG Advisory Panel of DB Advisors. The quantitative analysis is based on DVFA/EFFAS Key Performance Indicators (KPIs) and on ESG data of SiRi Company. The KPIs for ESG performance was identified by Global Investment Professionals in collaboration with DVFA/EFFAS.

In the near future, we are looking to evolve and develop our ESG product range and investment process. Added to this DB Advisors shall include external research along with advice from the DB Advisors ESG advisory panel formed a year ago from academia, capital markets experts and investor groups that have a particular focus on subjects like pension funds, foundations and religious or charitable institutions. No investment house has a monopoly on information. That’s why DB Advisors shall listen to them, take their advice and when the time comes, take a decision on adjusting the ESG processes along those lines.

Be in no doubt, the Ethical, Social and Governmental dimensions of investment are fast-evolving and DB Advisors has every intention of being the thought-leaders in this process in the years to come.

DB Advisors is the brand name for the institutional asset management division of Deutsche Asset Management, the asset management arm of Deutsche Bank AG.

Looking to avoid irreversible damage

Just how much will it cost to address the world’s key environmental problems? That’s a big question, but one that the OECD believes it has answered. The organisation recently unveiled what it says is a groundbreaking report that combines economic and environmental forecasts. Its conclusions are bleak. “I must warn you: the report does not make for an uplifting read,” OECD Secretary General Angel Gurria said when he presented them in February. “It paints a grim picture of our planet in 2030 if no policy reforms are introduced.”

On the positive side, however, Gurria said the report identified solutions to the key environmental challenges that were “available, achievable and affordable, especially when compared to the expected economic growth and the costs and consequences of inaction.”

There are four priority areas where action is needed, according to the 2008 OECD Environmental Outlook Report. These are: climate change, biodiversity loss, water scarcity and the impact on human health of pollution and toxic chemicals. Its economic-environmental projections show that world greenhouse gas emissions are expected to grow by 37 percent to 2030 and by 52 percent to 2050 if no new policy action is introduced.

To meet increasing demands for food and biofuels, world agricultural land use will need to expand by an estimated 10 percent to 2030; 1 billion more people will be living in areas of severe water stress by 2030 than today; and premature deaths caused by ground-level ozone worldwide would quadruple by 2030. “Countries will need to shift the structure of their economies in order to move towards a low carbon, greener and more sustainable future,” Gurría said. “The costs of this restructuring are affordable, but the transition will need to be managed carefully to address social and competitiveness impacts, and to take advantage of new opportunities.”

The report projects that world GDP will almost double by 2030. And the OECD policy simulation shows that it would cost just over 1 percent of that growth to implement policies that can cut key air pollutants by about a third, and contain greenhouse gas emissions to about 12 percent instead of 37 percent growth under the scenario without new policies. It recommends use of a mix of policies and says that to keep the costs of action low these should be heavily based on economic and market-based instruments. Examples are the use of green taxes, efficient water pricing, emissions trading, polluter-pay systems, waste charges, and eliminating environmentally harmful subsidies. But there is also a need for more stringent regulations and standards, investment in research and development, sectoral and voluntary approaches, and eco-labelling and information, it says.

The report identifies ways to share the cost of policy action globally. Developed nations have been responsible for the majority of greenhouse gas emissions to date, but rapid economic growth in emerging economies – particularly Brazil, Russia, India and China – means that by 2030 the annual emissions of these four countries together will exceed those of the 30 OECD countries combined, it predicts, noting: “Fair burden-sharing and distributional aspects will be as important as technological progress and the choice of policy instruments.”

“The main message of the report is that solutions to the key environmental challenges are available, achievable and affordable, especially when compared to the expected economic growth and the costs and consequences of inaction,” said Gurría. “This does not mean it will be cheap or easy, but they are affordable.”

Gurria said current policy actions would significantly reduce greenhouse gas emission but would not be sufficient to reach the more ambitious climate change targets currently being discussed internationally. However, the OECD report contains a simulation that suggests a slow phase-in of a carbon tax could stabilise greenhouse gas emissions at 450 parts per million (ppm) in the atmosphere. This would cost about 0.5 percent of global GDP in 2030 and 2.5 percent in 2050. The global tax on greenhouse gas emissions needed to achieve this would be equivalent to an additional 0.5 cents of a US dollar per litre of gasoline in 2010, which then increases to 1.5 cents in 2020, 12 cents in 2030 and about 37 cents in 2050, the report said. “Timing is crucial,” said Gurria. “We need to act now, before we pass critical thresholds beyond which we face irreversible damage or the costs of policy action increase significantly.”

“The window of opportunity is open – today – for cost-effective approaches towards a clean and green future. For example, the rapidly growing emerging economies will be making significant new investments in energy infrastructure and buildings in coming years. These will lock-in the fuels used and the efficiency of buildings for decades to come. So let’s make those fuels and buildings of the future as environmentally friendly as possible for the generations to come.”

To contain costs and to provide incentives for innovation, policies should focus on pricing the “bad”, rather than on subsidising the “good”, Gurria said. But market-based instruments will need to be accompanied in the policy mix by other instruments – such as regulations and standards (e.g. energy efficiency standards for vehicles and buildings), investment in basic R&D, sectoral and voluntary approaches to harness industry initiatives, and eco-labelling and information approaches to enable consumers to use their market power to reward green producers. “Technological developments will also certainly contribute to the solution. We need to consider, however, that the generalised application of breakthrough technologies poses important challenges in the area of intellectual property rights which will have to be confronted.”

The OECD report said countries will need to shift the structure of their economies in order to move towards a low carbon, greener and more sustainable future. The costs of this restructuring are affordable, in its analysis, but Gurria said the transition will need to be managed carefully to address social and competitiveness impacts, and to take advantage of new opportunities, like eco-innovation. “Last, but not least, we must be aware that getting it right in the field of the environment is not only about what to do and how to do it. We also need to address the question of who will pay for what,” he said. “The distributional aspects will be as important as technological progress and the choice of instruments. Thus, finding the best solutions will require political will and international co-operation on an unprecedented scale.”

“This will include the need to work closely together between developed countries and emerging economies – especially Brazil, Russia, India, Indonesia, China and South Africa – as well as with other developing countries. The global cost of action will be much lower if all countries work together to achieve common environmental goals.”

It will be increasingly important to 2030 for developing countries to share the burden of solving global environmental challenges. But the distribution of the responsibility for action amongst countries is likely to prove increasingly problematic and, if unresolved, may prevent major advances in environmental co-operation, the report predicts.

Environmental aid has been decreasing since1996 as a share of donor country GDP and as a share of total aid. “While many countries are working to address environmental issues through international means and instruments, a coherent and effective system at the international level is still lacking,” the report says. “Improvements in the international environmental governance system are taking place, but at a slow pace.” Environmental issues are becoming more prominent in

the international economic governance frameworks, but the number of trade and investment agreements with commitments to co-operate on environmental matters are still comparatively few.

Environmental concerns are, however, moving higher up the OECD agenda. Gurria said he wanted to engage with prime ministers and finance ministers on the topic, not just ministers responsible for the environment. Environmental issues will dominate the agenda at the 2008 meeting of the Annual Ministerial Meeting of the OECD Council, which will take place in June. “The main topic of analysis will be the economics of climate change,” said Gurria. “We aim to develop a sound economic footing for the post-Kyoto architecture.”

“At the OECD, we now know that the policies to address the main environmental challenges are achievable and affordable,” he said. “And we know how they can be implemented. Equally important, we also know that, to avoid irreversible damage to our environment and the high costs of inaction, we must get to work right away.”

Grim reading
The OECD Environmental Outlook report predicts that, without new policies. Global greenhouse gas emissions will increase by over 50 percent to 2050. This could cause the global temperature to rise above pre industrial levels by a range of 1.7 to 2.4° degrees Celsius by 2050, and more than 4-6 degrees Celsius over the very long-term, leading to increased heat waves, droughts, storms and floods and resulting in severe damage to key infrastructure and crops.

Animal and plant species will continue to become extinct to 2030 due to pressures from expanding agriculture, urbanisation, and climate change. Failure to stop biodiversity loss will result in further deterioration in essential ecosystems, as well as in the natural resource base for agro-business and pharmaceuticals industries, among others.

Over 3.9 billion people –1 billion more people than today – will live in water stressed areas by 2030. Water scarcity will be exacerbated by pollution of water resources, agriculture being the largest user and polluter of water.

The impact on human health of air and water pollution is expected to worsen. By 2030, we are likely to see four times as many premature deaths caused by ground-level ozone and over 3.1 million people dying early because they’ve breathed in fine particulates. And that doesn’t include the health hazards resulting from exposure to chemicals in the environment and in products, where information available is still not enough to have a clear picture.

Green growth?
World economic growth is going to increase the volume of by-products that need to be dealt with as waste, the OECD Environmental Outlook report predicts. It says that the global economy will grow by 2.8 percent a year from 2005 to 2030. Differences in sectoral growth rates will continue to be manifested as a ‘decoupling’ of economic growth from environmental impacts. This reflects the changing structural composition of economies.

The shift towards service-based industries from energy-intensive, polluting industries and agriculture is projected to continue to 2030, reflecting changes in consumer demand. Technological developments reflected in productivity growth will continue to increase the efficiency of industrial production and reduce levels of pollution and waste per unit of output. However, the scale of economic growth anticipated is such that failure to act on environmental challenges will have even more impact than it currently does.

Natural resource sectors will find demand increasing for their output as large economies continue to experience rapid growth. Sectors such as agriculture, energy, fisheries, forestry and minerals will need to have strong policies in place to keep the environmental impact of this rapid growth at an acceptable level, the OECD says, but since all economies will see increasing material wealth, the demand for clean environments will also grow everywhere.

Getting his house in order – Peter Panayiotou

What are the main challenges of Islamic banking – and for GFH currently?
I would say that there a number of principal challenges. The first is the need to create liquid capital markets for Islamic financing instruments such as Sukuk. This requires market makers with sizeable balance sheets to come forward to create liquid markets where bid and offer spreads are narrow and tradable. Secondly, the industry needs to develop a wider suite of acceptable ‘derivative’ products that allow banks and market participants to buy or sell exposure to assets with a risk profile that permits effective hedging or mitigation of risk. This will require banks to come forward to offer such products on an ‘over the counter’ basis or to create a liquid market with narrow spreads. Thirdly, there must be standardisation of structure and legal documentation for Islamic financing instruments. Finally, the industry must do more to promote the ethos of Islamic banking around the world so that misperceptions are avoided. The main challenge GFH faces is the one that all banks in the Gulf face when they are poised to grow and reach the next level. That is the lack of people in the labour market of the Gulf with the right investment banking and investment management experience. Accordingly, we have retained some of Europe’s top headhunters to help us in our search for the right talent. Recently, I have been greatly encouraged by the high quality of professional staff that have indicated a strong interest in joining GFH. Certainly our listing on the London Stock Exchange has done a lot to strengthen our image outside the GCC.

Given the turmoil of international markets, is GFH still looking hard at private equity and asset management?
Yes we are. We have a very strong niche in economic development infrastructure but our strategy is also to build up our asset management business and our European private equity and Gulf-based venture capital businesses as well. We see very good value creation opportunities in all of these businesses in the medium term. Recent volatility in the quoted securities markets has no direct bearing on these businesses in the longer term. Short term volatility comes and goes. Markets have a habit of retracing after a period of sustained rises. You only have to study price charts to see this happens all the time and is to some extent predictable. I am pleased to say that we have made good progress building our businesses with the completion of some high profile recruitments. Also, the Board of Directors of GFH have recently approved a suite of asset management products to be offered this year. As for our venture capital business, it is already making a substantial contribution to the bank’s profits.

What is your ongoing strategy for developing new Shariah compliant products and services? What are the key areas?
Our marketing strategy is client centric. This means that we seek to meet our client’s demand rather than allow the business to be product driven. Accordingly, we will continue to meet our clients’ very strong demand to invest in Shariah compliant economic infrastructure projects located in the rapidly developing economies of the GCC, MENA and Asian countries. In addition, we will continue to analyse our clients’ demand for products in venture capital, private equity and asset management.

Do you look at Europe as a potentially promising market for Islamic banking?
Certainly – and our listing on the LSE and the listing in London of our $200m Sukuk issue are testament to that. Our presence in London’s equity and debt capital markets has given us a great deal of exposure to the UK and Europe. The establishment of our new London office will be formally announced in a few weeks and this move reflects the opportunities we see in Europe for our asset management and private equity businesses. The British government is trying to position London as the European hub for Islamic banking so, logically, this is where we should be. More generally, my view is that Islamic investment banks are behaving much in the way the old European ‘merchant’ banks used to do. They enter into partnerships with their clients to create businesses and promote and participate directly in commerce and infrastructure. I believe that ethos will be in great demand in Europe and even the US.

Where do you feel Islamic banking should be investing to maximise returns?
The simple answer is wherever value can be identified or created. The GFH approach to investment is to create value. If you look at our activities you will see that a high proportion of our deals are in the nature of ‘start ups.’ However, we lock in value very early in our deals and that helps to reduce the risk we and our clients face in the deal. In terms of geography, we are still bullish on the GCC and the current wave of redevelopment but we prefer projects with specific economic drivers rather than speculative deals. There is value in India if you can find the right local partners. There is also good potential in North Africa but again that depends on delivering the right deal with the right local partners. I would avoid going long on mainstream American and European equity markets right now. In my view there remains a strong possibility of some further falls or sideways action. The GCC equity markets look stronger but I don’t think we have tested the highs sufficiently to say that they will continue to rise.

Some accuse Islamic banking of focusing too much on their own product rather than the needs of investors. What is your response?
I don’t think this is fair. It may be true of some banks but GFH’s strategy is based around the client – our most important business asset. We have introduced sophisticated customer relationship management systems to enhance our capability and ensure that our clients’ needs and preferences are recorded. We know that without our clients we have no business.

How dependent is the growth and success of Islamic banking on the effect of high oil prices?
The price of oil has a direct effect on the amount of liquidity available for investment. So the answer is yes there is a direct connection between oil and the growth of Islamic investment and financing in the Gulf countries. Having said that, the surpluses that have been created so far need to be invested. In practical terms a gradual and gentle fall in the price of oil will not have a dramatic effect on Islamic banking in the short to medium term.

How actively does your organisation promote women in the workforce?
Only talent and commitment to our business determine one’s place in GFH. We employ many women as well as many races. Our objective is to employ the greatest talent we can find, irrespective of gender, age, ethnicity or creed.

What do you say to critics that claim Islamic bankers do charge interest – something Islamic law specifically prohibits – though they conceal it through clever legal formulae?
Islamic banking is a relatively new sector and perhaps this leaves it open to misinterpretation.  Of course the primary reason for its very existence is the need to provide Shariah compliant financial products and services to Muslim audiences. One of the guiding principles of Islamic finance is the complete prohibition of interest charges and GFH employ an extremely eminent board of scholars to make absolutely certain all our products and services comply with the Shariah. So I’d encourage those who are still of the view that Islamic bankers are applying interest charges to look a little closer at the intention behind the product.

A new era in global islamic banking

Talk to Mark Hanson, Chief Executive of Bahrain-based Global Banking Corporation (GBCORP) for a short while and you realise the steadfast resolve of a man on a mission – a challenge he says to effectively address and capitalise on the growing interest globally in Islamic banking.

Islamic banking is almost as old as Islam itself, says Mr Hanson. And this from a banker who is a recent convert to Islamic banking is a strong statement on the growing acceptance of Islamic banking – not as an alternative to conventional banking – but as an effective complement to the same.

Mr Hanson, a New Zealander and a London solicitor by training, typifies the growing Islamic banking trend of experienced Western investment bankers migrating from conventional banking environments to seek the more challenging and innovative aspects of Islamic banking –  to help develop a range of ethical Shariah-based Islamic investment banking products and services to address the growing demand for Islamic banking products in the region, comprising the six Arab states of the Gulf Co-operation Council trade block – and beyond.

“There is a growing confidence, a growing respect for deals done on Islamic principles, whether it’s financing or investments,” says Mr Hanson. “Look at the UK: it’s also gearing itself up to support a demanding clientele seeking an option against conventional banking. This move should not just be seen as catering to the requirement of a minority target audience but in terms of providing alternative investment opportunities to both individual and institutional investors seeking a diversified investment portfolio, both in the established markets in Europe as well as emerging markets in Asia and the Mena region.

Leading contenders
GBCORP is a young bank – though Mr Hanson bridles at the ‘young’ adjective – “look at the extensive experience of the people who work for us,” he says in response – GBCORP anticipates being one of the Middle East’s leading investment banks in the coming years, with a broad range of services on offer from private equity to real estate to fund and wealth management. So, how is all this wealth, putative and real, being driven? Not every GCC citizen is a millionaire by any means. A high oil price, unsurprisingly, helps. “Though we are seriously looking at alternative energy sources, there is no replacement for oil or gas currently, so we are certainly dependent on oil for the near future,” says Mr Hanson. “Up until early last year oil prices were expected to remain above $50 a barrel. The reality today is hugely different. What does this mean? Growing budget surpluses. In the case of a place like Qatar, they have 20 percent of the world’s gas supplies while Saudi Arabia has 20 percent of the world’s oil reserves. The governments in these countries realise the importance of this surplus liquidity and the need to distribute the wealth downwards, to the common man.”

Mr Hanson continues, “The Bahrain Prime Minister, for example has gone on record saying that the surplus money generated will go towards ensuring housing amenities for all nationals. This is true for other Gulf States also. That means there will be large private sector involvement in infrastructure projects, be it the power and construction sector. Education, housing, infrastructure development – all these are core focus areas. All that wealth will therefore trickle down. A strong private sector will spur the need for innovative investment options and this in turn will drive the growing demand for Islamic banking services.”

Mark Hanson claims GBCORP’s shareholder base (though he’s too discreet to name names) does make GBCORP stand out from the competition, as well as using their substantial shareholder support to shoulder and co-invest in deals. “When we publish our accounts in February, you’ll be seeing proof of what we offer in terms of a track record, but we can’t talk about deals we’re working on currently.”

Savvy approach
What he can talk about now though is the real estate opportunities in Saudi Arabia, Bahrain and Kuwait and other GCC countries. Bricks and mortar, from an Islamic banking perspective, is an easily understood investment, as is some private equity investment he says. Yet the recent collapse of the Delta Two bid for Sainsbury’s is also indicative, Mr Hanson says, of an increasingly savvier approach from Middle Eastern investors who simply won’t pay over the odds for Western assets, however attractive. “Where we won’t invest is in hugely technical areas which people find difficult to understand.”

“Look at the commercial property market in the UK. That’s dropped 10 percent and could fall some way yet. I think the residential property market is also likely to drop. So the hot money will pour out of the UK. I think the UK, from a Middle Eastern perspective, could become more attractive in the next year or two.” In other words, when UK Plc is in trouble.

Mr Hanson certainly thinks fantastic opportunities in the US are just around the corner – if not already there – as the US sub-prime mortgage crisis penetrates deeper. But many bankers, even at this late stage, says Mr Hanson, seem to be collectively sleepwalking towards the crisis. They simply don’t get the scale of the problem he says.

“I was in the US five weeks ago attending a conference and then in another property commercial conference in London shortly afterwards and both places the banks still thought the party was going on. They still haven’t realised that there’s been basically a market collapse. People don’t seem to understand market forces. When you have Citibank losing $10bn and Merrill losing huge amounts, it does have a knock-on effect. People still view the sub-prime issue as an isolated event.”

The potential is there
Where then does Mr Hanson feel GBCORP’s core strengths lie? And what about future alliances? Obviously, he says, they are strong in the Middle East. GBCORP’s Chairman, Saleh Al Rashed, is a well known and successful Saudi businessman in his own right, Chairman of several large corporations. “I think we have the potential to also develop interesting strategic alliances in the Far East, particularly in Singapore, Hong Kong and China. That part of the world is obviously a major growth engine. Our head of investment banking has got excellent contacts in India.” And, on the flip side of the coin, where is GBCORP weaker? “Probably in places like Russia, but then I think that’s maybe not such a bad thing.”

Yet despite the bullishness of Mr Hanson’s words, he is well aware some in the West still perceive Islamic banking to be some distance behind in issues like governance and disclosure. “I think there is a growing transparency and an inclination to come up to international standards. I think it’s going in the right direction. But to say that Islamic banking has failings…. Well, you don’t have to look too far to the regulatory failings in the UK. You’ve just had the first run on a bank in 166 years. The regulatory system has failed there.” Mr Hanson, of course, refers to Northern Rock’s humiliating injection of emergency funds from the Bank of England. Thousands of worried savers flocked to Northern Rock branches, desperate to withdraw money in case the bank collapsed. It’s a slightly moot point though: the run on Northern Rock was exceptional. That’s the hope anyway.

Certainly Islamic banking transparency and disclosure environment continues to improve says Mr Hanson. Look at the regulatory environment developed in Dubai, Qatar and Bahrain where regulators from the SEC and FSA are helping develop a rigorous regulatory framework, he says.

“I think if you look at those three jurisdictions and the level of disclosure there, you’ll find they’re meeting international standards. In the West there is this wrong perception of a Muslim world that is very closed and inhibitive. Much of that is due to a closed mindset. The reality is totally different. And I should know – I speak from experience of having worked in Pakistan, Saudi Arabia and now in Bahrain, plus the extensive experience of having interacted with the populace within the region.”
 

Education and learning
Another issue Westerners struggle to comprehend about Islamic banking is how it operates without charging or giving clients’ interest – the concept of usury – and something Islamic law specifically prohibits. Is this about weaving legal formulas or restructuring payment methods that, perhaps, imply a fee instead? Mr Hanson says carefully it’s an issue about education and learning. “If it is structured in the right Islamic way then interest is not charged. Take, for example, funds placed with an Islamic banker where there’s an underlying asset, be it gold or coffee beans.

An underlying trade. The result may be the same, but the actual structure is different. There’s a clear difference about putting your money with a conventional bank where interest is still being paid and income from your money with an Islamic bank. I’ll be completely honest. Like I mentioned earlier, I’ve been involved in Islamic banking for a few years, and it does take a while to have a full understanding of this banking model.”

Meanwhile, Mark Hanson remains highly upbeat about business prospects – provided the political situation in the region does not go into a reactive mode based on other global or western equations. “Apart from that, in terms of our strategy, the way our products are structured and the potential for more clients, we’re very satisfied. For the bigger picture, we’re confident.”

The new Iraq strategy

The Baker-Hamilton commission has powerfully described the impasse on the ground. It is the result of cumulative choices, some of them enumerated by the president, in which worthy objectives and fundamental American values clashed with regional and cultural realities. The important goal of modernising US armed forces led to inadequate troop levels for the military occupation of Iraq. The reliance on early elections as the key to political evolution, in a country lacking a sense of national identity, caused the newly enfranchised to vote almost exclusively for sectarian parties, deepening historic divisions into chasms. The understandable – but, in retrospect, premature – strategy of replacing American with indigenous forces deflected US forces from a military mission; nor could it deal with the most flagrant shortcoming of Iraqi forces, which is to define what the Iraqi forces are supposed to fight for and under what banner.

These circumstances have merged into an almost perfect storm of mutually reinforcing crises. Within Iraq, the sectarian militias are engaged in civil war or so close to it as to make little practical difference. The conflict between Shia and Sunnis goes back 1,400 years. In most Middle Eastern countries, Shia minorities coexist precariously with Sunni majorities. The civil war in Iraq threatens to usher in a cycle of domestic upheavals and a war between Shia and Sunni states, with a high potential of drawing in countries from outside the region. In addition, the Kurds of Iraq seek full autonomy from both Sunnis and Shia; their independence would raise the prospect of intervention from Turkey and possibly Iran.

The war in Iraq is part of another war that cuts across the Shia-Sunni issue: the assault on the international order conducted by radical groups in both Islamic sects. Functioning as states within the states and by brutal demonstrations of the inability of established governments to protect their populations, such organisations as Hezbollah in Lebanon, the Mahdi army in Iraq and the al-Qaida groups all over the Middle East seek to reassert an Islamic identity submerged, in their view, by Western secular institutions and values. Any enhancement of radical Islamist self-confidence therefore threatens all the traditional states of the region, as well as others with significant Islamic populations, from Indonesia through India to Western Europe. The most important target is the United States, as the most powerful country of the West and the indispensable component of any attempt to build a new world order. The disenchantment of the American public with the burdens it has borne alone for nearly four years has generated growing demands for some form of unilateral withdrawal, usually expressed in the form of benchmarks to be put to the Baghdad government which, if not fulfilled in specific time periods, would trigger American disengagement. But under present conditions, withdrawal is not an option. American forces are indispensable. They are in Iraq not as a favour to its government or as a reward for its conduct. They are there as an expression of the American national interest to prevent the Iranian combination of imperialism and fundamentalist ideology from dominating a region on which the energy supplies of the industrial democracies depend. An abrupt American departure will greatly complicate efforts to help stem the terrorist tide far beyond Iraq; fragile governments from Lebanon to the Gulf will be tempted into pre-emptive concessions. It might drive the sectarian conflict within Iraq to genocidal dimensions beyond levels that impelled American intervention in the Balkans. Graduated withdrawal would not ease these dangers until a different strategy is in place and shows some progress. For now, it would be treated both within Iraq and in the region as the forerunner of a total withdrawal, and all parties would make their dispositions on that basis.

Grand strategy
President Bush’s decision should therefore not be debated in terms of the ‘stay the course’ strategy he has repeatedly disavowed recently. Rather it should be seen as the first step toward a new grand strategy relating power to diplomacy for the entire region, ideally on a non-partisan basis. The purpose of the new strategy should be to demonstrate that the US is determined to remain relevant to the outcome in the region; to adjust American military deployments and numbers to emerging realities; and to provide the manoeuvring room for a major diplomatic effort to stabilise the region. Of the current security threats in Iraq – the intervention of outside countries, the presence of al-Qaida fighters, an extraordinarily large criminal element, the sectarian conflict – the United States has a national interest in defeating the first two; it must not involve itself in the sectarian conflict for any extended period, much less let itself be used by one side for its own sectarian goals.

The sectarian conflict confines the Iraqi government’s unchallenged writ to the sector of Baghdad defined as the Green Zone protected by American forces. In many areas the militias exceed the strength of the Iraqi national army. Appeals to the Iraqi government to undertake reconciliation and economic reforms are not implemented, partly because the will to do so is absent but essentially because it lacks the power to put such policies in place, even if the will to do so could suddenly be mobilised. If the influence of the militias can be eliminated, or greatly reduced, the Baghdad government would have a better opportunity to pursue a national policy. The new strategy has begun with attempts to clear the insurrectional Sunni parts of Baghdad. But it must not turn into ethnic cleansing or the emergence of another tyrannical state, only with a different sectarian allegiance. Side by side with disarming the Sunni militias and death squads, the Baghdad government must show comparable willingness to disarm Shia militias and death squads. American policy should not deviate from the goal of a civil state, whose political process is available to all citizens.

Protecting against infiltration
As the comprehensive strategy evolves, a repositioning of American forces from the cities into enclaves should be undertaken so that they can separate themselves from the civil war and concentrate on the threats described above. The principal mission would be to protect the borders against infiltration, to prevent the establishment of terrorist training areas or Taliban-type control over significant regions. At that point, too, significant reductions of American forces should be possible. Such a strategy would make withdrawals depend on conditions on the ground instead of the other way around. It could also provide the time to elaborate a co-operative diplomacy for rebuilding the region, including progress towards a settlement of the Palestine issue. For such a strategy, it is not possible to jettison the military instrument and rely, as some argue, on purely political means. A free-standing diplomacy is an ancient American illusion. History offers few examples of it. The attempt to separate diplomacy and power results in power lacking direction and diplomacy being deprived of incentives. Diplomacy is the attempt to persuade another party to pursue a course compatible with a society’s strategic interests. Obviously this involves the ability to create a calculus that impels or rewards the desired direction. The outcome, by definition, is rarely the ability to impose one’s will but a compromise that gives each party a stake in maintaining it. Few diplomatic challenges are as complex as that surrounding Iraq. Diplomacy must mediate between Iraqi sects which, though in many respects mortal enemies, are assembled in a common governmental structure. It needs to relate that process to an international concept involving both Iraq’s neighbours and countries further away that have a significant interest in the outcome.

Two levels of diplomatic effort:
1) The creation of a contact group, assembling neighbouring countries whose interests are directly affected and which rely on American support. This group should include Turkey, Saudi Arabia, Egypt and Jordan. Its function should be to advise on ending the internal conflict and to create a united front against outside domination.

2) Parallel negotiations should be conducted with Syria and Iran, which now appear as adversaries, to give them an opportunity to participate in a peaceful regional order. Both categories of consultations should lead to an international conference including all countries that will have to play a stabilising role in the eventual outcome, specifically the permanent members of the UN Security Council as well as such countries as Indonesia, India and Pakistan.

Riding on the crest
Too much of the current discussion focuses on the procedural aspect of starting a dialogue with adversaries. In fact, a balance of risks and opportunities needs to be created so that Iran is obliged to choose between a significant but not dominant role or riding the crest of Shia fundamentalism. In the latter case, it must pay a serious, not a rhetorical, price for choosing the militant option. An outcome in which Iran is approaching nuclear status, because of hesitant and timid non-proliferation policies in the UN Security Council, coupled with a political vacuum in front of it in the region must lead to catastrophic consequences. Similar principles apply to the prospects for settlement in Palestine. Moderates in both the Arab countries neighbouring Israel and in Israel are evolving compromises unimaginable a decade ago. But if the necessary outcomes are perceived as the result of panic by moderates and an exit from the region by the United States, radicals could raise unfulfillable demands and turn the peace process against the moderates. In all this, the United States cannot indefinitely bear alone the burden for both the military outcome and the political structure. At some point, Iraq has to be restored to the international community, and other countries must be prepared to share responsibilities for regional peace. Some of America’s allies and other affected countries seek to escape the upheavals all around them by disassociating from the United States.

But just as it is impossible for America to deal with these trends unilaterally, sooner or later a common effort to rebuild the international order will be imposed on all the potential targets. The time has come for an effort to define the shoals within which diplomacy is obliged to navigate and to anchor any outcome in some broader understanding that accommodates the interests of the affected parties.

OECD debates globalisation; WTO agreements

The valuation of related party transactions, i.e. of transfers of goods, services, intangibles or funding among members of the same multinational enterprise, is not necessarily an exciting topic for managers: in today’s world, multinational groups want to act globally, and transfering resources from one member to another member of the family is not where the focus of the attention should be ‘business-wise.’

But another reality of today’s world is that governments are not global and that direct and indirect taxes are assessed and levied domestically. Beyond differences in tax rates there are a number of reasons including cash repatriation strategies that may explain why it is not neutral for an MNE group to earn its profits in one country or another.

In addition, a number of industries such as the pharmaceutical industry or the financial industry have to deal with strict domestic regulatory requirements and are affected by the valuation of their intra-group transactions. Furthermore, corporate law, rules that protect creditors and labour law may all require, to a lesser or greater extent, that each member of an MNE group be treated as a separate legal entity and, as a consequence, that the terms and pricing of transactions with other parts of the same group be determined independently of the special relationship that exists within the group.

In fact, it is ironic that, with the development of global business models, cross-border transactions between related parties play an increasingly significant role in world trade and economy. While businesses develop operating models that tend to abolish the borders, governments see increasingly important revenue stakes in cross-border flows and tend to reinforce their control over transfer pricing compliance through transfer pricing regulations and audits, with a view to protecting their tax base while avoiding double taxation that would hamper international trade.

A phenomenon
One difficulty arises from the existence of various sets of rules and enforcement agencies looking at the valuation of related party transactions. One obvious example of this phenomenon is found in direct taxes (transfer pricing rules) and customs duties. For direct tax purposes, a higher transfer price may reduce the taxable income in the country of importation and increase the taxable income in the country of export. But for customs purposes, the lower the transfer price, the lower the customs value and the applicable customs duties. Hence, inevitably, there can be some conflicts of interest or contradictions between customs and revenue authorities within the same country, or between the direct tax department and the department in charge of customs duties within the multi-national group. (This, again, irrespective of the possible effects on other aspects such as the price of regulated drugs or the amount to be contributed to employee profit sharing by a particular entity of the group.)

Let’s have a look first at the applicable principles. Direct tax authorities tend to follow the arm’s-length principle and OECD transfer pricing guidelines for multinational enterprises and tax administrations which set the international standard for transfer pricing. Customs authorities apply the relevant provisions of the WTO Customs Valuation Agreement (the WTO Agreement). As a basic principle, both sets of rules require that an ‘arm’s-length’ or ‘fair’ value be set for cross-border transactions between related parties and associated enterprises. That is, the transfer price must not be influenced by the relationship between the parties or it must be set in the same way as if the parties were not related. However, there are significant differences in the application of this broad principle in relation to such major factors as policy objectives, operational functioning, timing of valuation, valuation methods, documentation requirements and dispute resolution mechanisms. Furthermore, it is often the case that two administrative bodies assess or review the valuation of cross-border transactions.

Unnecessarily complicated
The business community has explained on several occasions that the existence of two sets of rules, and, in many countries, of two different administrative bodies to deal with direct taxes and customs duties, can make cross-border trade overly complicated and costly, contrary to the objectives of the international organisations and national governments concerned. Does this situation make sense from theoretical and practical perspectives? Is there a need for greater convergence of the two sets of rules? If so, what should be the conceptual framework at national and international levels?

It is obvious that, while common purposes and similar concepts exist in international transfer pricing and customs valuation rules, there are also significant divergences. Tax and customs authorities are not obliged to accept a value that is calculated in accordance with each other’s legislative requirements. MNEs need to comply with obligations under both tax and customs legislation and regulations as well as other regulatory requirements where applicable.

In May 2006 and 2007, the WCO and the OECD held two joint international conferences on transfer pricing and customs valuation of related party transactions. The common objective of the two organisations was to provide a platform for public and private sector representatives to collectively explore, and attempt to advance, the issues identified and to encourage global coordinated efforts among business and governments, tax experts and customs specialists.

At those conferences, two schools of thought emerged on the desirability and feasibility of having converging standards for transfer pricing and customs valuation systems. The first was made up of those who viewed convergence of rules as highly desirable and largely feasible, pointing out that a credibility question does arise if two arms of the same Ministry can come up with different answers to virtually the same question (what is the arm’s-length / fair value for a transaction?), and that the current situation results in greater compliance costs for businesses which must follow and document two sets of rules and greater enforcement costs for governments which must develop and maintain two types of expertise (i.e. have customs specialists and transfer pricing experts examine the same transactions at different points in time and in light of two different standards). Those who are more cautious about convergence point out that the two systems are grounded in different theoretical principles (direct versus indirect tax systems) and fear that convergence could be more costly than the status quo. Concerns were also raised about the capacity of administrations in developing economies to deal with transfer pricing issues and with possible changes in customs valuation rules or enforcement. In effect, developing economies are often more dependent on customs than on direct tax revenues, and many of them are still experiencing difficulties in the application of the basic provisions of the WTO Agreement.

Looking to the next step
As a follow-up to the joint WCO-OECD conferences, four areas for possible further work were identified:
1) Examination of the interaction between the valuation methods used by customs and revenue authorities.
2) Provision of greater certainty for business, e.g. though the development of joint rulings and of more effective dispute resolution mechanisms covering both direct taxes and customs duties.
3) Achieving greater consistency in the transfer pricing and customs documentation compliance and better flows of information between tax authorities and customs authorities.
4) Improving the administrative capacity of tax and customs departments and reviewing the experience of countries that have merged or demerged their customs, VAT and direct tax departments.

Much remains to be done between direct and indirect taxes; other areas – corporate law and regulatory rules for example – also require that multi-national enterprises continue to pay attention to the valuation of related party transactions. Today’s world is not global in all respects.

The author would like to thank Mr Liu Ping from the World Customs Organisation for his contribution to this article.

This article expresses the views of its author and not necessarily the views of the OECD or of its members.

Sarbanes-Oxley Act and Basel 2 take pace on financial services and IT structures

Financial services software is big business. In 2005, European banks’ IT expenditure will total more than €50bn, almost 20 percent of which will go on external software, according to IT research and consulting firm Celent Communications. IT costs in the US securities industry will reach $26bn this year, of which external software accounts for a quarter. And the market is accelerating in expenditure.

And in the world of finance technology, getting a custom-built financial software package is also all the rage. Satellite firms offering advanced functionality and customised solutions on top of existing large-scale systems have always been around. But as companies have focused more and more on increasing efficiency of all systems, improving integration of disparate systems and consequently pulling value out of all business processes, so has interest in these custom solutions grown.
 
One of the biggest developments in the role of the finance function in recent years is an increasing focus on developing and managing new technology aimed at increasing process efficiency across the financial supply chain. With limited IT budgets, these executives are tasked with the need to show a convincing return-on-investment (ROI), often over a short timescale. But as the technological desires of large-cap companies have grown, so has the gap grown between what big-name system suppliers offer and what those companies are looking for.

That is where the small but specialised solution provider comes in. The financial technology market has seen a huge surge in interest in the offerings of smaller firms that aim to make existing enterprise applications better—not necessarily by changing those systems but through add-ons and custom functionality to turn those enterprise apps into the solutions that finance executives dream of.

Sanjay Srivastava, chief operating officer of specialist IT firm Aceva, says the development of external firms dedicated to providing custom add-ons to major systems is a natural progression. “This has occurred in most other industries, so it makes sense for it to happen in the financial technology market. The breadth of functionality that the big banks and system suppliers are trying to achieve is simply not possible.”

Srivastava says that within the enterprise space most enterprise resource planning (ERP) software began by focusing on the physical supply chain. “The reality is that ERPs have done a good job on the physical supply chain, but when you turn around and look at the financial supply chain, there are large gaps between what users need and what ERPs provide,” he says. Consequently, companies can end up with multiple ERPs managing different functionality across different parts of the organization. This works for the physical supply chain, but for the financial supply chain it does not stand up. Thus, having a custom or at least a highly customizable packaged solution can fill the gaps left by the big names.

This is particularly relevant for large-cap corporations that have active M&A programs. With many new purchases this generally means many new systems that must somehow come together. This can either happen by rolling out head-company systems to subsidiaries, or it can mean developing complicated in-house solutions to get the various systems to speak with each other. Either way it involves a long, highly complicated and generally expensive procedure.

Honeywell hosts most of the major ERP platforms across their various business units, says Sue Sadler, Honeywell’s director of cash management. “With many acquisitions under our belt we naturally had numerous systems across our organisation,” she notes. The biggest problem, she explains, was that the information they needed to make good customer decisions resided in different databases that did not speak to each other. “We knew what was causing difficulties in our invoicing, but we could not fix them without a huge process involving many different system suppliers,” she says.

Honeywell set out to find a solution and discovered that Aceva could provide true customization with all systems. “They could pull together all our systems—shipping, manufacturing, forecasting and so on—into one system and give us all the information in one screen,” Sadler says. “We are able to have a whole information trail as well,” she adds. “We can look up about 150 different things on an invoice and fix it by ourselves before an invoice is generated.”

According to Stephen Blythe, founder of Blytheco, which offers custom add-ons to Best Software’s accounting systems, the size of the organization dictates whether a custom solution is appropriate. Smaller companies tend to want a pre-packaged solution, but the larger the corporate the more likely that they will want some form of customisation. A mid-size company, for example, will likely want a package that out of the box handles 98 percent of the functionality that they are looking for. “But they want this to follow their workflow needs; they do not want to change the business to suit this piece of software,” he says. For a large-cap company the package must mold to the business, he says: “Clearly, after that there will be much customisation that needs to be done to meet their business model.”

Getting that type of customization from the big system suppliers is possible but is generally a colossal task. “Every time we wanted to do something group-wide, it was a huge undertaking, and no one system could talk to everything,” says Sadler. “This is really what drove us to look at Aceva.” By choosing an outside firm that could work across the various systems, it made for a relatively painless implementation, she explains.

Software offers compliance solutions
The financial sector should be familiar with change by now. In addition to coping with general upheaval in the world economy such as globalisation and increased competition, the sector has faced its own specific changes, too. The spread of electronic networks has changed the financial markets fundamentally with the disappearance of most “open outcry” trading. Elsewhere, advances in technology have also created new markets and enabled new ways of operating – at the price of more investment and upheaval.

The swing back to tighter regulation of the international finance sector adds yet more pain. In November, the first impact of the Sarbanes-Oxley Act, which aims to enforce better corporate governance and accountability, will hit the larger US public companies. The act will primarily affect US-based companies and international companies that trade in the US. But it seems likely that other parts of the world will follow the US lead and introduce similar codes of practice. The UK, for example, is known to be reviewing the issue following recommendations of the Higgs Report.

While many of the international companies most affected are financial sector businesses such as international banks and insurance companies, the Sarbanes-Oxley Act is not specific to the financial sector. The Basel 2 accord is, by contrast, specifically aimed at the financial sector and defines a framework for risk management and capital “adequacy”.

It is no surprise that the combination of new regulations and technological change have led some to compare the current scramble for compliance with the run up to year 2000. The rush has inevitably been accompanied by a similar degree of vendor hype: “The drive to comply has not been helped by vendors hyping up the issue. You have good consultants and bad consultants. The bad ones sell their time based on the apparent mess they say they have to deal with,” says Peyman Mestchian, director of risk management practice at SAS Institute, the software developer.

While some organisations might panic and adopt a scatter-gun approach – dealing with each new regulation as it comes into force – the prevailing wisdom is to stand back and look at the regulations as a whole. “The analogy is with enterprise resource planning (ERP) in manufacturing during the 1990s. Projects failed because of the lack of an overall strategy. You really have to put compliance on one side and work out a business case, which includes benefits as well as obligations,” Mr Mestchian says.

This “holistic” approach is supported by the fact that, while the various regulations aim to achieve different ends, there are common areas, especially in the data required. “Most of the smart organisations are looking at the regulations altogether. There are, for example, overlaps in the data required for Sarbanes-Oxley, Basel 2 and the International Accounting Standard (IAS),” says Paul Cartwright, managing partner of risk and regulatory management at consultants Accenture.

Barclays Bank recognised this early on and put in place a formal Integrated Regulatory Programme (IRP) to tackle regulatory issues in one go. Brendon Kirby, Barclays’ programme director, says the bank wanted to take a consistent approach and look for potential gains at the same time.

“We had discussions a few years ago which led us to take a consolidated approach to regulation. You can see regulation as a nuisance – but if you can go the extra step you can get real benefits. I see it as a sort of regulatory aikido where you turn a liability to advantage.”

He adds that the approach has not only justified itself, it has put the bank in a good position to meet its obligations: “The work we have done over the last few years has given us a good feel for Basel 2 and we have realised we are pretty close. I was personally quite surprised because when we looked at the detail we found it was incremental changes and only about 10 per cent of the work we expected.”

More importantly, Barclays sees opportunities to use the data gathered for risk management to drive through improvements in business operations. “In the key area of non-financial risk under Basel 2, for example, we can see ways to leverage the data for other purposes,” says Mr Kirby.

Andrew Barnes, global marketing director at KVS, a data archive specialist, echoes this: “It is not only compliance that needs data. If you are putting in systems to make it easier to get at records for compliance, then you might as well go further and get some benefit.”

Jeffrey Rodek, chief executive of Hyperion, the US business process management (BPM) specialist, also advocates the holistic approach and says the drive to compliance gives companies new ways to improve their performance. “Compliance and external pressures on financial organisations are certainly challenging, but they can all be dealt with. BPM can provide the framework to drive compliance – but it can also bring benefits.”

Rodek says companies should not be satisfied with meeting the minimum requirements of the regulations; they should strive for the best. “The point of the regulations is to restore trust in business and the markets. Companies should not invest only to comply – they should go beyond this and get an insight into their business so they can run it well.”

Jean Louis Bravade, managing director of financial services for Europe, Middle East and Africa at EDS, says the result should be good for the industry.

“By and large, financial organisations are not at the leading edge of industrial-strength systems. The need to comply is forcing them to review their IT infrastructure, their controls and their workflow. The direction that is being set is definitely a good one.”

By the end of 2004, the success or otherwise of large US companies’ efforts to comply with the Sarbanes-Oxley Act will be revealed. The Basel 2 accord is still three years away – but the requirement for historic data means that for many, the work should have already begun.

It looks as if some banks have yet to get this message. A recent survey by PA Consulting Group of the world’s top banks showed that progress towards complying with the accord is mixed.

“While 81 percent have clear objectives, only 39 percent have committed budgets to compliance,” says Eddie Niestat, PA’s head of risk management and capital strategy. “If we have any faith in the timetable for Basel, for some elements it is already too late.”

What customers say
John Dakin, group head of information security, UK investment bank
 
“Data integration is a continuing challenge. There is frustration that arises from knowing that the data you need is there, but to get it out of different systems is difficult. We have found part of the answer in tools that can capture the data to assess risk, such as Citicus’s early lifecycle tool.”
Chris Crate, group compliance director, UK-based financial services company.

“You can put in the processes and tools to assist people. You can introduce a system to police what they do. But it is the change to the culture that takes the time. Compliance requires a permanent process of education so people know what they are meant to do.”

The new regulations explained
Sarbanes-Oxley Act

Introduced in the US following several high-profile financial scandals, the act aims to improve corporate governance and make directors liable for the data they publish on company performance. Section 409 is especially tough and requires that companies “must disclose information on material changes in the financial condition or operations of the issuer on a rapid and current basis.” Large companies were to comply by November 2004.

Basel 2 accord
An agreement by the international banking community to introduce formal risk management techniques for financial institutions. Companies who opt for the “advanced” model of risk management will be required to keep less capital in reserve to meet their liabilities (capital adequacy) than those who opt for the basic minimum approach. Basel 2 is due to come into force in 2006/7 although regulatory deadlines have traditionally been flexible.

Risk Based Capital Directive (RBCD)
This is the European version of the Basel 2 accord. It incorporates the earlier European Capital Adequacy requirements.

International Accounting Standards (IAS)
These are new regulations defining how companies should report their assets and liabilities which came into force at the end of 2004.

Deloitte, PwC: World Bank and OECD lead way in corporate governance

Corporate governance has come to the head of the international agenda. Public and private sector agencies have put the issue centre stage as the importance of corporate governance has been recognised as critical to both business and economic agendas. Intergovernmental organisations have made corporate governance a centre piece of their policy work, beginning with the OECD’s decision in 1998 to develop a set of principles that would set out the essential framework for corporate governance for its 39 member countries in the industrialised world.

As the Asia crisis brought chaos to the developing world just as these principles were being agreed, the World Bank was urged by the G7 to promulgate improved standards throughout the developing world. Corporate governance moved from being an issue of discussion and debate on Wall Street and the City of London, to a national reform priority in markets across the world. The OECD Principles drew upon a report from a Business Sector Advisory Group which brought together leaders from five countries, chaired by Ira Millstein, drawing upon the pioneering work of Sir Adrian Cadbury’s Committee on the Financial Aspects of Corporate Governance in the UK. Their advice to the OECD became the global standard, and now over 70 countries followed the powerful example of Cadbury, and developed their own national codes of best practice amplified by the OECD advice.

Although the reform efforts of the US with Sarbanes-Oxley and the European Commission with its Action Plan, may have caught the headlines, countries as diverse as Brazil, South Africa, China, even Kyrgystan, where the President has sponsored a national corporate governance centre and Rwanda which appointed a Minister for Corporate Governance, have shown that the corporate governance agenda has resonance in every region. The reasons are simple. The international corporate governance movement has grown to fill vacuum. It is a simply a movement which is seeking to ensure accountability for the exercise of power, a notion well understood in the international movements to promote democracy, but just as important in the economic realm as the political.

The corporation, put simply, has never been more important to the economic health and social fabric of the international community. Not only are we dependent upon companies for goods and services, employment, taxes to fund the public purse, with attendant concerns about their role in society on ethical, social and environmental grounds, but also the bulk of their shareholders represent the collective savings of the wider community for retirement, home purchase and welfare. Much of the regulatory debate and effort is focused upon attempting to balance private interest with the public good.

The drivers for this burgeoning interest in corporate governance were the privatisations of the 1980s (over $800bn according to OECD figures), liberalisation of capital markets which led over a decade to global flows from the private sector coming to represent five times the stagnated sums of public lending and investment. Critically, the bulk of the money available for domestic and cross border equity investment has come from the rapid growth in the assets of the public’s savings, channelled to pension funds, insurance and mutuals.

Those who view the long list of corporate scandals and collapses of recent years may feel justified in complaining that the reform agenda in governance has been a rehearsal of the obvious, by the politically correct. But cynicism is premature. There has been real progress over a relatively short period of time, and clearly still some important areas on which progress has barely begun, or where different ideas about solutions still compete. What though are the areas of progress?

The first cannot be underestimated in a global market. We have consensus internationally that convergence should be around function not form – we’re no longer arguing about which system works better. Remember the arguments about the Anglo-American versus its alleged alternative the German-Japanese bank financed, long term relationships model. Now – transparency, accountability are the understood principles. Remember discussions on disclosure – Vienot arguing to OECD this was voyeurism.

Are you ready for non-financial reporting?
Mark Hynes assesses the requirements of non-financial methods of reporting and asks whether UK companies are prepared for them.

Adding “real shareholder value” has long been a key focus for the directors of public companies. It has come to encapsulate all the measures of success, from free cash-flow to non-material assets of the business. Yet non-material assets have traditionally been harder to define, report and measure and have thus not been a substantive part of a company’s overall valuation. But pressure from investors is poised to change this.

Accounting standards such as IFRS have no means of recognising the worth of non-material assets such as experienced employees, customer loyalty, corporate strategy, market growth, product innovation and demographic change. Yet IFRS is what many companies think of as ‘corporate reporting.’

National Australia Bank finance director Michael Ullmer said recently, “I think you’d find around the world at the moment that boards are probably spending more time reviewing regulatory and compliance issues than looking at growing shareholder value.”

Further, many boards of directors and senior management have a difficult time identifying non-material performance measures and monitoring their impact.

A survey conducted on behalf of Deloitte Touche Tohmatsu by the Economist Intelligence Unit in October 2004 supports this. Of 249 board members and top executives polled, only about one third (34 percent) said their companies are proficient at monitoring critical non-financial indicators of corporate performance. Those surveyed blamed this on “the absence of developed tools for analysing non-financial measures, and scepticism that such measures directly impact the bottom line.”

And yet, research shows that regulatory financial reporting alone is failing to meet the needs of investors. For example, in interviews with over 1,800 managers and investment professionals across 16 industries, PricewaterhouseCoopers’ Value Reporting have consistently found that only 25% of the measures cited as critical for understanding a company in a given industry are covered by the regulatory reporting model – 75% lie outside the regulatory reporting framework.

Chief investment officers are increasingly looking for metrics beyond typical financial indicators to provide a more robust view of a company upon which to base their valuations, giving rise to a number of initiatives aimed at addressing this issue. In Europe, the Enhanced Analytics Initiative comes from a group of asset managers and asset owners with assets under management totalling over 380 billion euros, who actively support better sell-side research on “extra-financial” issues.

Putting their money where their mouths are, these fund managers are dedicating brokerage commissions to analysts who produce research on “fundamentals that have the potential to impact on companies’ financial performance or reputation in a material way, yet are generally not part of traditional fundamental analysis.” This has already led to new, fundamental research.

However, creating the research and analysis of the ‘extra-financial’ issues solves only one part of the problem; the format in which it is delivered is crucial. In financial reporting, a new standard, eXtensible Business Reporting Language (XBRL), is expected to change the useability of data. XBRL is a language for the electronic communication of business and financial data.

By providing a computer-readable identifying tag for each individual item of data, XBRL benefits both the preparers and users of financial information. This helps automate the analysis, giving advantages of speed, accuracy and cost savings.

To date, no such reporting framework exists for non-financial information. However, the not-for-profit Enhanced Business Reporting Consortium is taking a lead in creating one. Their aim is to define and build XBRL taxonomies for different sectors, which would allow businesses to report on their non-financial assets, in a way that is easy for investors and stakeholders to use and compare.

And finally, a key piece of the jigsaw is the wide communication of this non-financial information. The information used to value a company, whether material or non-material, is worthless if it doesn’t reach the widest audience possible.

As financial information is fed through the media, such as news agencies, newspapers, radio, TV and the internet, businesses can expect that the news disseminators are there to help ensure that their non-financial information, comparable and measurable in easy-to-use formats, is distributed to the widest possible investor audience.

True transparency in all aspects of corporate reporting is within sight.

For further information on the Investor Relations Society visit www.irs.org.uk
For further information on the Enhanced Business Reporting Consortium please visit www.er360.org

Sarbanes-Oxley reforms ‘go too far’, says author
One of the architects of the controversial US Sarbanes-Oxley legislation admitted yesterday that some of the reforms were “excessive” and could have been introduced more “responsibly”.

Congressman Michael Oxley told a London conference that the legislation “was not a perfect document” because it had been rushed through in the “hothouse atmosphere” following the collapse of WorldCom.

However, he defended the right of federal lawmakers to push through investor-friendly reforms, deflecting accusations made this week that Congress was usurping the role of individual states to draw up corporation laws.

The Sarbanes-Oxley legislation, based on bills introduced by Mr Oxley and Paul Sarbanes in 2002, sought to clean up corporate America following the spectacular financial scandals that engulfed Enron and WorldCom and which cost investors billions of dollars.

Sarbanes-Oxley requirements, such as the need for companies to test their internal financial controls against fraud, have angered members of the US business lobby, who claim it has led to big rises in compliance costs.

Small- and medium-sized corporations are also critical of the legislation because it makes no exemptions for the size of a business.

Oxley told the International Corporate Governance Network annual conference: “After WorldCom happened it was difficult to legislate responsibly in that type of hot-house atmosphere. But I am proud of the bill. Compliance [with it] is an investment in the strength of the US capital markets.”

Speaking to the Financial Times before his speech, Oxley said: “If I had another crack at it, I would have provided a bit more flexibility for small- and medium-sized companies.”

However, Mr Oxley app-eared to quash hopes that smaller companies would gain concessions as a result of the Securities and Exchange Commission considering whether they should abide by a different set of accounting and governance requirements compared with larger ones, to reduce costs. He said: “Congress will not re-visit this issue. The SEC reform [on smaller companies] is not going to happen either.”

IBM, Procter & Gamble, Omron, CEMEX, Cisco become transforming giants

Yet talk to the leaders of some of the world’s biggest companies today, and they’re claiming new abilities to shift organisational gears on a global basis and produce meaningful innovations quickly.

To discover the truth behind these claims, I assembled a research team and ventured deep inside a dozen such giants. After two years of visiting their operations, I am convinced that the transformation these leaders describe is real. Companies such as IBM, Procter & Gamble, Omron, CEMEX, Cisco and Banco Real are moving as rapidly and creatively as much smaller enterprises, even while taking on social and environmental challenges of a scale only large entities could attempt.

A decisive shift is occurring in what might be called the guidance systems of these global giants. Employees once acted mainly according to rules and decisions handed down to them, but they now draw heavily on their shared understanding of mission and on a set of tools available everywhere at once. Authority is still exercised and activities are still coordinated – but thanks to common platforms, standardised processes and, above all, widely shared values and standards, coherence now arises more spontaneously.

In this article I will set forth the pillars of this new model of big business.

Shared values, principles and platforms
Large corporations must respond quickly and creatively to opportunities wherever they arise and yet have those dispersed activities add up to a unified purpose and accomplishment. Companies that meet this challenge rely in part on clear standards and disciplines.

Consider the “CEMEX Way.” Around 2000, the Mexico-headquartered global cement company CEMEX launched this companywide program to identify best practices and standardise business processes globally. The point was to foster sameness in areas where sameness would make life easier.

In every one of the company’s plants, for example, pipes carrying natural gas were painted one color and pipes containing air were painted another color. This made it simple for transferring employees or visiting managers not to waste time figuring out the setup.

Providing a platform on which creative people can build is only half the battle. What’s also required is a shared set of values to guide their choices and actions. Once people agree on what they respect and aspire to, they can make decisions independently and not work at cross-purposes.

At IBM, three simple sentences about customers, world-improving innovation, respect and responsibility were repeated everywhere we visited. Those values were credited with clarifying decisions and cutting through internal politics.       

Getting close at a distance
The payoff for companies that have embedded values and principles in their guidance systems comes in many forms. The first benefit is integration, which permits collaboration among diverse people.

Innovations do not simply emanate from the home country and radiate outward. They emanate from many places. Know-how is transferred to and from emerging and developed countries through a web of global connections.

Sometimes companies achieve collaboration by bringing people from diverse backgrounds together physically. CEMEX is especially adept at getting people to the problem and gaining speed in the process — for example, seconding large numbers of experienced people to newly acquired operations to work on post-merger integration teams for periods of a few months to a few years. This encourages every manager to train replacements and ensures deep bench strength.

Empowerment in the field
Common values and standards also allow people at the front lines to make consistent decisions, even in culturally and geographically disparate locations. Expressing values and standards in universal terms is not meant to inhibit differences. In fact, it helps people see how to meet particular customers’ and communities’ needs by adding localisation to globalisation.

At P&G Brazil, leaders called this “tropicalising.” As a marketing executive told us: “The values and principles don’t change, but we respect the local trade, the local consumer, the local organisation.”
          
Innovating in markets
People are even more inclined to be creative when their company’s values stress innovation that helps the world. Banco Real, the Brazilian arm of a European bank, discovered this when it put social and environmental responsibility at the core of its search for differentiation.

The result was a spate of new financial products, including consumer loans for green projects (such as converting autos or houses), microfinance for poor communities and the first carbon credit trading in the region. By 2007, it had more than doubled its profitability and grown in size to become the third-largest bank in Brazil.

A stronger basis for partnering
Companies that have established strong guidance systems find themselves more effective in selecting and working with external partners – increasingly a necessity for competitive success.

Omron’s principles, for instance, form the basis for choosing partners and gaining trust. The knowledge that partners would share Omron’s values and standards helped the Japanese company’s research and development transform what one manager called a “not-invented-here, ivory tower” research approach into collaborative information sharing with partners.

Fire in the belly
Values and standards offer people a basis for engagement with their work, a sense of membership and an anchor of stability in the midst of constant change.

Values arouse aspirations to increase the company’s positive impact on the world, and that is worth more to many people than increases in compensation, as a manager in India pointed out to me. This, he believed, was why his rapidly growing unit could attract the best talent without offering the highest pay scales.

How the fabric is woven
The key to success with the new model may seem counterintuitive to leaders operating under the old paradigm. More than anything else, we heard in our interviews about a loosening of organisational structures in favor of fluid boundaries and flexible deployment of people. Managers and professionals generally appeared less concerned with where they worked and to whom they reported than with what projects they were able to join or initiate.

Many of these companies have a tradition of making mobility a part of career development, which ensures a degree of international mixing as well as the carrying of expertise from one place to another. Working with extended networks of partners across inter- and extra-company boundaries requires large numbers of people to serve as connectors among activities – not as bosses but as brokers, network builders and facilitators.

One last element that seems central to the success of the global giants we studied is that they have explicitly added mutual respect and inclusion to the values they live by. Diversity programs are valued because they help people form relationships more quickly and overcome tensions between groups.

A giant change
The new model yields a way of doing business that is more localised and humane. The interplay of corporate standards and local conditions puts companies in a position to influence the ecosystem around them and to generate innovation. If these vanguard companies lead others to adopt their way of working, not only will that be good for business, it will also be good for the world.         

One company’s return on values
Imagine a developing country where workers like their beer and like it cheap – to the extent that alcohol use has become a serious public health problem. Now imagine you are the country manager there for a multinational corporation that profits by selling alcoholic beverages. Your goal is to gain more market share. Is this anywhere for values to hold sway?

Here’s how the story played out in Kenya. UK-headquartered Diageo, the world’s leading producer of premium alcoholic beverages, had entered the market with a large investment in East African Breweries but couldn’t match the low price of its competition. That was because the competition was home brew, subject to no standards or inspections and sold out of garages.

Illicit beer was downright dangerous in a country where water supplies are often contaminated – it was known to cause blindness as well as the intense hangovers and related illnesses that routinely lowered productivity in Kenya’s labour-intensive industries. But it was popular because, with no government taxes added to its price, it offered the most sips for the shilling.

Diageo had the benefit of local talent with global thinking who could recognise the opportunity in the situation and seize it. (Over the years, the company encouraged members of the internationally educated African diaspora to return to Africa at expatriate pay rates.) Using Diageo’s global resources, including a Web-based innovation tool, the local team attacked the problem. Importantly, it put the focus on the best outcome for society and was therefore able to open lines of communication with the national government.

The company proposed producing a low-cost beer and making it widely available, giving the buyers of illicit beer an alternative they would consider reasonable. The safer product would succeed, however, only if the government agreed to reduce the surtax on it, so the price would be truly comparable. The government, of course, had no interest in corporate charity, but it became clear that if more people bought legal beer, taxes would be collected on a greater proportion of the alcohol being consumed. A tax cut, therefore, was likely to yield higher tax revenue overall.

Distribution channel
To make the new beer, now called Senator, widely available, Diageo needed to develop a new distribution channel: responsibly managed licensed pubs. The team talked to community leaders throughout Kenya to identify influential solid citizens, such as shopkeepers and sports club owners, who could set these pubs up. Diageo provided equipment and trained them in business operations, eventually establishing 3,000 new outlets.

The launch of Senator beer saw success on many fronts. Beyond the high market share it immediately claimed, Diageo received a prestigious award for contributing to reduced rates of blindness and increases in workplace productivity. Meanwhile, thousands of new small businesses flourished, and government policies started to change. The work was gratifying to Diageo managers both locally and internationally.

At the time of Diageo’s formation in 1997 (by the merger of Guinness and Grand Metropolitan), its leaders had articulated the company’s values and operating principles to emphasise both high global standards and local community responsibility. With that kind of guidance system in place, local decision makers – even in a ‘sin industry’- can have a transformative positive social impact.

Having it both ways
When do you know a paradigm is shifting? When long-standing contradictions begin to resolve. In the giants my research team and I studied, I was struck by the number of areas in which they achieved a balance between seemingly opposing goals.

– They both globalise and localise, deriving benefits from the intersections.
– They both standardise and innovate, endeavoring to prevent consistency from becoming stifling conformity.
– They foster a common universal culture but also respect for individual differences, seeking inclusion and diversity.
– They maintain control by letting go of it, trusting people educated in the shared values to do the right thing.
– They have a strong identity but also a strong reliance on partners, whom they collaborate with but do not control.
– They produce both business value and societal value.
– They bring together the “soft” areas (people, culture and community responsibility) and the “hard” areas (technology and product innovation).
– They do not abandon values in a crisis; in fact, as leaders put them to the test, crises serve to strengthen commitment to values.

Rosabeth Moss Kanter, a professor of business administration at Harvard Business School and author of ‘America the Principled.’ She was also the editor of Harvard Business Review from 1989 to 1992

© 2008, by Rosabeth Moss Kanter, Harvard Business Review / Distributed by the New York Syndicate.

Wall Street and SEC must work for future, suggests Bloomberg

Is the writing on the wall for Wall Street? It could be, according to a gloomy warning from US Senator Charles Schumer and New York City Mayor Michael Bloomberg. The two published a worrying report in January saying that New York could lose its status as a global financial market without a major shift in public policy. The report, commissioned from consultant McKinsey, says New York’s financial markets have been stifled by stringent regulations and high litigation risks and are in danger of losing businesses and high-skilled workers to overseas competitors. New York could sink to the lowly status of a ‘regional market,’ which would have wide-reaching implications, both for the city and the US economy, it said. “If New York goes from being the financial capital of the world to becoming only a regional market, as this report predicts will happen within the next 10 years, every aspect of New York life will suffer, not just financial services,” Mr Schumer said at a press conference to release the report; Sustaining New York’s and the US’s Global Financial Services Leadership. Speaking with typical New Yorker bravado, Mr Bloomberg told the same audience that excellence in financial services had made the city “the world’s capital,” but that title could soon be up for grabs.

Economic dominance
“The 20th century was the American century in no small part because of our economic dominance in the financial services industry, which has always been centred in New York,” he writes in the introduction to the report. “Today, Wall Street is booming, and our nation’s short term economic outlook is strong. But to maintain our success over the long run, we must address a real and growing concern: in today’s ultra-competitive global marketplace, more and more nations are challenging our position as the world’s financial capital.” While London has traditionally been the city’s chief competitor, “Today, in addition to London, we’re increasingly competing with cities like Dubai, Hong Kong, and Tokyo.” And this isn’t just an issue for New York. Financial services drive eight percent of US gross domestic product, and create more than five percent of all jobs nationwide. Seven states, including New York, have more than 10 percent of their state’s GDP derived from financial services. McKinsey argued that, left unchecked, certain key trends could knock a big dent in the US economy. The country could miss out on between $15bn and $30bn in financial services revenues annually by 2011. Those revenues, if retained, could translate into as many as 30,000 to 60,000 jobs in the US, said the consultants.

Financial markets
So what are these trends that are doing so much damage? Much of the pressure on New York is due to improved financial markets abroad, and the fact that sophisticated technology has virtually eliminated barriers to the flow of capital. Physical location is simply less important than it used to be. But a significant number of the causes for the city’s declining competitiveness are self-imposed. For instance, US-based financial services firms are now unable to attract and retain many of the highly skilled professionals they need because of caps on the number of visas available under US immigration rules, the report said. And a greater perceived litigation risk has reduced the appeal of the US market to many foreign firms. Ironically, at the press launch of the report Mr Bloomberg and Mr Schumer shared a platform with state Governor Eliot Spitzer who, in his previous role of State Attorney General, vigorously prosecuted Wall Street wrongdoing and probably did more than anyone to create a climate of fear. On top of all that, a complex and sometimes unresponsive regulatory framework has not only prompted many foreign firms to stay out of the US markets, but also is forcing more business overseas because of the complexity and cost of doing business in US financial markets, regardless of where they are located.

The findings of the report break down into three main areas. First, the US regulatory framework is a thicket of complicated rules, rather than a streamlined set of commonly understood principles, as is the case in the UK and elsewhere. The flawed implementation of the 2002 Sarbanes-Oxley Act (Sox), which produced far heavier costs than expected, has only aggravated the situation, as has the continued requirement that foreign companies conform to US accounting standards rather than the widely accepted – many would say superior – international standards. “The time has come not only to reexamine implementation of Sox, but also to undertake broader reforms, using a principles based approach to eliminate duplication and inefficiencies in our regulatory system,” Mr Bloomberg writes. Second, the legal environments in other nations, including the UK, far more effectively discourage frivolous litigation. “While nobody should attempt to discourage suits with merit, the prevalence of meritless securities lawsuits and settlements in the US has driven up the apparent and actual cost of business – and driven away potential investors,” says Mr Bloomberg.

Overblown reputation
“In addition, the highly complex and fragmented nature of our legal system has led to a perception that penalties are arbitrary and unfair, a reputation that may be overblown, but nonetheless diminishes our attractiveness to international companies.” The proposed answer is legal reforms to reduce spurious and meritless litigation and eliminate the perception of arbitrary justice, without eliminating meritorious actions. Third, and finally, a highly skilled workforce is essential for the US to remain dominant in financial services. “Although New York is superior in terms of availability of talent, we are at risk of falling behind in attracting qualified American and foreign workers,” says Mr Bloomberg. “While we undertake education reforms to address the fact that fewer American students are graduating with the deep quantitative skills necessary to drive innovation in financial services, we must also address US immigration restrictions, which are shutting out highly-skilled workers who are ready to work but increasingly find other markets more inviting. The European Union’s free movement of people, for instance, is attracting more and more talented people to their financial centres, particularly London.”

Competitiveness
The report sets out an action programme to rescue New York’s future. The measures it calls for include short-term administrative actions that can signal renewed focus on competitiveness, actions to level the playing field for both domestic and foreign companies doing business in the US, and longer-term initiatives to address more complex policy, legal, regulatory and other structural issues affecting the US position as the world’s leading financial centre. Action number one on the list (see sidebar on next page) is a move to make compliance with Sarbanes-Oxley easier. No doubt the New York burghers were cheered by the fact that they got much of what they wanted on this score before the ink had even dried on their report. Just before Christmas US regulators proposed to alter the basis on which the notoriously onerous provisions of Sox operate. The Securities and Exchange Commission (SEC), the US financial regulator, and the US audit standard setter the Public Company Accounting Oversight Board (PCAOB) each published proposals aimed at making life easier for those companies that have to comply with the act, which affects US listed companies and their affiliates. The SEC said its proposals would encourage more of a risk-based approach to compliance with section 404 of the Act, by setting out the principles it expects companies to follow, rather than strict rules.

Section 404 requires companies to evaluate the company’s internal controls over financial reporting. It has been a major bugbear for companies, and has massively increased their compliance workload. SEC chairman Christopher Cox suggested companies had turned to PCAOB’s guidance on interpreting the requirements about internal control in the act in the absence of any clear guidance from the SEC, which, he said, “was not what was intended.” With the proposed new guidance and the new auditing standard from PCAOB “management will be able to scale and tailor their evaluation procedures to fit their facts and circumstances,” he said. The SEC says the guidance will address the main concerns companies have raised about section 404. These include excessive testing of controls and excessive documentation of processes, controls, and testing. The new guidance – still only in a proposed form – is organised around two principles. First, management should evaluate the design of the controls that it has implemented to determine whether there is a reasonable possibility that a material misstatement in the financial statements would not be prevented or detected in a timely manner. This change will allow management to focus on controls needed to prevent or detect material misstatements, rather than all the financial reporting controls.

Associated risk
Second, management should gather and analyse evidence about the operation of the controls being evaluated based on its assessment of the risk associated with those controls. This will allow management to align the nature and extent of its evaluation procedures with those areas of financial reporting that pose the greatest risks to reliable financial reporting. The guidance goes on to address four specific areas: how to identify the risks to reliable financial reporting and the related controls that management has implemented to address those risks; how to evaluate the operating effectiveness of controls; how to report the overall results of management’s evaluation; and how to document controls.

Assessment procedures
“The proposed interpretive guidance should reduce uncertainty about what constitutes a reasonable approach to management’s evaluation while maintaining flexibility for companies that have already developed their own assessment procedures,” said John White, director of the SEC’s division of corporation finance. “Companies will be able to continue using their existing procedures if they choose, provided of course that those meet the standards of Section 404 and our rules.” In a coordinated move, the PCAOB published several proposals including a new principles-based standard to replace Auditing Standard Number Two.

The standard-setter said the proposed new standard on internal control is a principles based standard designed to focus the auditor on the most important matters, increasing the likelihood that material weaknesses will be found before they cause material misstatement of the financial statements. The proposed standard also eliminates audit requirements that are unnecessary to achieve the intended benefits, provides direction on how to scale the audit for a smaller and less complex company, and simplifies and significantly shortens the text of the standard. Another proposed standard focuses on the grounds on which external auditors can use the work performed by internal auditors, management and others in an integrated audit of financial statements and internal control, or in an audit of financial statements only. This proposed standard is intended to further clarify how and to what extent the external auditor can use such work to reduce the amount of work they have to do.

Those changes, if they are introduced, will be a big help in the short term. But Mr Bloomberg emphasised policymakers must avoid complacency about New York’s long-term future. “Our capital markets and financial services firms will only enjoy continuing growth – growth that our city expects, needs and demands – if we take seriously the challenges from rapidly-expanding competitors in Europe and Asia,” he said. If the first step it to acknowledge the extent of the problem, Mr Bloomberg has certainly achieved that.

EU and US question IMF guidelines on sovereign wealth funds

Wall Street tends not to be too choosy about where it gets its money. Normally, one investor’s dollar is as good as any others. But lately, that’s not been the case. With their balance sheets squeezed by the global credit crunch, many US banks and financial firms have opened their arms to so-called “sovereign wealth funds” –investment vehicles controlled by foreign governments. The move has got some people very worried.

The US Senate recently ordered the Government Accountability Office (GAO) – a financial watchdog – to investigate the activities of sovereign wealth funds, after a string of investments topping $35bn in blue chip firms such as UBS, Bear Stearns, Morgan Stanley, Merrill Lynch and Citigroup.

The concern is that funds owned by foreign governments might use their financial clout to somehow exert improper influence. According to a recent Morgan Stanley study, such funds represent some $2,300bn in assets and could reach $12,000bn by 2015. These funds are mainly held by oil exporting countries, such as Norway, Alaska, Russia, Dubai and Qatar, which have seen a large growth in trade surpluses because of rising energy prices. It’s not likely that Norway’s intentions are going to worry anyone, but most of the sovereign wealth funds are run by governments in Asia and the Middle East. Their recent deals with the Wall Street institutions represented their first significant investments in key American companies.

Investment funds
It’s not just the US Senate that is worried about the influence of sovereign funds. The recent growth of these special state-owned investment funds have caused disquiet among many governments, which fear political influence by other states on strategic sectors, such as energy and defence.

The GAO, according to press reports, is trying to find out how much money these opaque funds control, where it has been invested and how the investments have been treated. It is also examining what information the funds are required to disclose on their investments and what action can be taken to discipline them if they misuse their power. David Walker, head of the GAO, told journalists that sovereign wealth funds did not initially cause too much of a stir in Washington, “But as the number of these kind of transactions rises Congress is becoming interested.”

That follows comments last year from Clay Lowery, the acting under-secretary for international affairs at the US Treasury, who said the spread of sovereign wealth funds could create new risks for the international financial system and spur hostility to cross-border capital flows. Lowery called on the International Monetary Fund (IMF) and the World Bank to develop a set of best-practice guidelines for such funds. He said there was a danger that imprudent risk management by sovereign wealth funds could affect financial market stability.

“Little is known about their investment policies, so that minor comment or rumours will increasingly cause volatility,” he said, adding that such funds “are typically not regulated by their domestic regulators, and the extent of indirect regulation may also be limited.”

Lowery also warned that, over the medium term, the size, investment policies and operating methods of these funds could fuel financial protectionism. “There will likely be much public attention to whether sovereign wealth funds exercise the voting rights of their equity shares and, if so, how,” he said. Lowery warned of the danger that, in the absence of good checks and balances, these funds could invite corruption. He cautioned that funds could become “self-perpetuating” interest groups and urged countries to tackle the causes of reserve accumulation, including undervalued currency regimes.

Market efficiency
Other US agencies have voiced concerns, too. The rise of sovereign wealth funds raises questions of “particular significance” for US financial regulator the Securities and Exchange Commission (SEC), including concerns about enforcement, transparency and market efficiency, the chairman of the agency said recently. Christopher Cox said the issue of conflicts of interest arise when the government is both the regulator and the regulated. “Rules that might be rigorously applied to private sector competitors will not necessarily be applied in the same way to the sovereign who makes the rules,” said Cox.

Cox highlighted enforcement as one issue and said that if foreign private issuers are suspected of violating US securities laws, the agency almost always expects the full support from the foreign government and regulatory counterpart in the investigation. “If the same government from whom we sought assistance was also the controlling person behind the entity under investigation, a considerable conflict of interest would arise,” he said.

Cox raised questions over whether government-controlled companies and funds would use business resources in the pursuit of other government interests. He also highlighted transparency as an issue for the investor protection agency and said in many industrial countries the ability of citizens to inquire into government affairs, or to criticise the conduct of government, is severely limited. “In some countries, criticism of government policies lands you in jail, or worse. Is it reasonable to expect that these same governments will be magically forthcoming with investors?” Cox said. “This raises significant questions for regulators such as the SEC, whose mission includes investor protection.”

Majority stake
It’s not just the Americans who are worried. In Australia, a government study has also called for the IMF to impose standards that would stop investment funds owned by sovereign governments from buying a majority or controlling stake in foreign corporations.

“Attempts by foreign interests to purchase controlling stakes in strategic industries or iconic domestic companies can sometimes cause broadly based domestic concerns,” the study from the Australian Treasury says. “Resistance can be even stronger if the purchaser is an overseas government, and can raise suspicions over whether the purchase is … for strategic or other non-commercial reasons.” The study says the biggest problem is that the funds are highly secretive about their investment practices, which raises concern about their motivation. Most provide no public reporting.

The European Union, however, is taking a more benign view of the emergence of sovereign funds, and trying to develop a common approach to tackle its concerns about their activities in Europe.

“There are good reasons for an EU common approach,” Commission President José Manuel Barroso said recently. However, the Commission is seeking to avoid legislative action and envisages soft measures, such as “ground rules or guidelines”, accompanied by efforts to increase transparency on sovereign fund activity. The Commission underlined that it seeks to “avoid all forms of protectionism.”

The Commission’s stance was reaffirmed in a recent speech by Internal Market Commissioner Charlie McCreevy. He pointed out that sovereign wealth funds have been around for decades. The Kuwait Investment Authority has been in existence since 1953 and the Abu Dhabi Investment Authority, one of the biggest with almost €600bn in assets, was set up in 1976. Temasek from Singapore dates from 1974. People have expressed concerns about these funds in the past, he said. “I am old enough to remember the concerns when oil rich Middle-Easterners were buying up prestigious companies and landmark London properties. As time went by and oil reserves tapered off, so did the fuss.”

The public consciousness
McCreevy said such fears have come back thanks to the growth in sovereign funds as a result of rising energy prices and large trade surpluses. “Their size and wider geographical disparity have impinged on the consciousness of policy makers and the wider public.”

What should be done about their growth? “One thing is clear to me: Europe must remain an attractive place for investment,” said McCreevy. “Without continued inward investment our economies will stagnate. We have no interest in erecting barriers to investment.” While they might be unpopular in some quarters, “I suspect in the time ahead we will see many more enterprises seeking investments from such funds,” he added. “Cutting off access to these important sources of liquidity would be like cutting off our noses to spite our faces.”

However, there were aspects of sovereign funds that need to be addressed, he said. “Who controls them? What is their investment strategy? These are legitimate questions? There are also concerns about restrictions on inward investments that EU firms may want to make in the countries concerned.”

“But in raising these issues we must avoid them being used to foment protectionist sentiments. I would not like to see the rise of sovereign wealth funds, which are the by-products of increasing globalisation and benefits of international trade, being used as an argument against the entry of emerging markets investors into the First World corporate sector.”

McCreevy suggested two ways in which the debate should move forward. “Firstly, we need to explain to our citizens that investments which have the potential to compromise national security can be blocked,” he said. “It is often forgotten that a member state is entitled to restrict Treaty freedoms on the basis of legitimate national security concerns. This is true in respect of all investments, be they from sovereign wealth funds, state-controlled companies, private companies or whoever.” A number of EU members have measures in place to restrict investments in the defence sector, the Commission recently proposed controls on investment in the energy sector, and there is already a requirement on investors in European financial institutions to be “fit and proper”.

Secondly, McCreevy said sovereign wealth funds should be transparent in their operations, preferably on the basis of an international code of best practice. “We are working in international organisations and bilaterally, together with our US colleagues, to bring this about,” he said.

Sovereign funds
The IMF is working on a set of guidelines. Last year its chief economist, Simon Johnson, said the organisation was growing increasingly uneasy over the role of sovereign funds. Concerns focused on the lack of disclosure about their activities and the amount of leverage that funds might employ.

“There are an increasing amount of financial flows going through black boxes. Hedge funds are black boxes. Sovereign wealth funds are black boxes. We don’t know what happens and we should worry about that,” he said. “Black boxes should make us uneasy . . . People are beginning to feel uncomfortable about this.” Johnson added that the IMF’s efforts to understand the potential financial risks from sovereign funds remained at a “pretty early stage”.

In the meantime, what do the countries behind these funds make of all the concern? Writing in China Business News recently, Wei Benhua, deputy head of China’s State Administration of Foreign Exchange, said the developed world should not discriminate against funds from developing countries or subject them to “financial protectionism”. Wei characterised such worries as baseless: “The China Investment Corp drew the attention of international society as soon as it was established, with certain countries intentionally disseminating the view of Chinese investment as a threat,” he wrote.

Sovereign wealth funds would benefit international markets by increasing liquidity and by making global resource allocation more efficient, said Wei. “There should be no discrimination in the treatment of sovereign wealth funds; the funds of developing and developed countries should be treated the same way. International society should clearly oppose investment protectionism and financial protectionism in any form.” As the IMF develops its guidelines, China would get actively involved in discussions, he added. There will be many companies in the developed world – Wall Street Banks especially – that will hope these powerful new funds are not dissuaded from investing: in the current climate especially, they need the money.

WEF tackles global risk and raises doubts over Kyoto

What are the big issues that risk managers worry about, and are the world’s leading organisations capable of dealing with them? A new study provides some useful answers to the first question, but raises worrying doubts about the second. According to a study by the Federation of European Risk Management Associations, top of the list of concerns for the leading risk managers working in Europe are a breakdown of critical information infrastructure, crime and corruption, terrorism, and catastrophic flood. FERMA asked its members to pick the most worrying items from a list published by the World Economic Forum (WEF) in its recent Global Risks Report. The WEF highlighted what it called “a growing disconnect between the power of global risks to cause major systemic disruption, and our ability to mitigate them.”

It gave a list of 23 core global risks and said they had worsened over the preceding 12 months, despite growing awareness of their potential impacts. FERMA members said the second most important group of core risks includes energy price and supply shocks, catastrophic windstorm and earthquake, and pandemics. A third group of risks, named in less than half the responses, covers climate change, war, loss of freshwater services and nanotechnology.

It may be surprising that only 17 of the responses said climate change is a significant risk for their organisation, but Franck Baron, a FERMA official, explains: “It is not that risk managers are not concerned about climate change, but we do not yet know how it will affect individual companies operationally, and this is the province of the risk manager.”

He also points out, as does the WEF report, that many of these risks are inter-dependent. “This is why we need a holistic approach to risk management to create sustainability for the business. We need to identify and manage not just individual risks but the way they interact.”

That is a view endorsed by Jesse Fahnstock, global leadership fellow for the WEF global risks programme. “The survey really shows how the relationship between global risks and corporate risk management is evolving,” he says. “Risk managers are clearly looking hard at the interconnected, non-business issues that define the global risk landscape. But translating the understanding of these issues into the world of operational, financial and regulatory risk management remains a big challenge. Priority is still being given to well understood, insurable risks, but managing exposure to complex, currently uninsurable global risks will be a key competitive advantage in the coming years.”

Specific industries
Some of the risks mentioned reflect specific industry worries. In relation to freshwater services and nanotechnology, for example, it is possible to see concern from specific industries, such as a UK company that owns paper mills and a multinational food and drink company for whom continuity of supply of fresh water is important. But overall the survey is a useful indicator, as it included responses from a mix of multinational corporations, businesses operating only within the European Union, and national companies.

Asked what the most significant risks are now and in the next five years, respondents most frequently mentioned supply chain and business interruption risks. Other important ones were regulation and compliance, political risks, availability of a choice of insurers and capacity, a shortage of people skills, and age discrimination.

Restrictions on carbon dioxide emissions and more extremes of weather were the most commonly mentioned corporate concerns in response to a changing climate. One risk manager who said climate change was now a concern represented a multinational company in the infrastructure, environment and energy sectors. He said that the company was doing an inventory of its CO2 emissions and had created a position for a company specialist to keep management updated continuously about the consequences in general and for the business. The survey gathered similar views from other managers. The risk manager for a multinational food and drink group commented, “climate change does not affect us now, but we are monitoring effects.” His company’s concern is that higher temperatures could create pressures on water resources and lead to civil conflicts.

An airport and shopping mall operator said government action on CO2 emissions might lead to decreased demand from passengers and airlines for airport services. A multinational retail company risk manager said climate change was not having an impact on its business yet, but it could foresee pressures from restrictions on CO2 emissions from transport, water and energy consumption and the associated price changes.

More severe and less predictable weather is another possible consequence of global warming, which comes up in the responses of two risk managers from multinational companies in the construction sector. “We see much more frequent extreme weather phenomena, such as heavy snow in one of our Chinese plants where there had been no snow for more than 50 years. This has important consequences for construction planning,” said one manager.

An airport operator and a logistics and stevedoring company both mentioned the risk of more severe weather conditions. The airport operator said it might lead to more flight cancellations and an increase in the number of interruptions to the revenue stream, albeit short-term. “But that’s an industry-wide risk that cannot be diversified away,” he commented. The logistics company said more frequent and severe windstorms could increase property losses.

Greater extremes
A Russian risk professional says a warmer climate could reduce demand for the oil and gas industry in his country, and much of the country’s economy depends on the sector. He believes that greater extremes of weather and more variability will increase demands on risk management. A multinational energy company is concerned about possible increased volatility in supply and demand for power “since electricity cannot be stored,” while a company that produces energy from renewable and natural sources is also concerned about future demand.

According to a Polish risk manager, there will be contractual risks for travel companies that depend on a cold climate in winter, such as those offering skiing holidays. The risk manager of a UK company whose business includes paper mills said climate change could affect the water supply it needs, while a food and drink company said demand for drinks might be affected.

What would help organisations to tackle their big risks? The WEF called for two changes that would improve global risk management efforts: the appointment of Country Risk Officers and the creation of flexible “coalitions of the willing” around specific global risk issues, which it said would provide crucial momentum to mitigation efforts.

The first of these changes would provide a focal point in government for mitigating global risks across departments, learning from private-sector approaches and escaping a “silo-based” approach where risks are dealt with in isolation, it said. The second would allow efforts to tackle risks to “emerge from dynamic interplay between governments and business, achieving a balance between inclusiveness and decisiveness.”

The large majority of respondents to the FERMA survey thought the appointment of country risk officers was a good idea. But some were sceptical and several questioned how practical it would be. “Very impractical,” was the response from a Polish risk manager. “It’s going to be driven by politics and politicians. It should be practical. That’s why it’s not going to happen,” was a Swiss response.

Another FERMA member pointed out it would depend on governments’ ability to use collected information, while an Italian risk manager commented, “I think the state system is not ready today to make a correct risk assessment.” One Swiss risk manager says the approach should be less parochial. “They should rather look at the global perspective and start a coordinated international effort on risk mitigation in respect of the mega trends and risks, such as global warming, aging society, water shortage and distribution, as well as alternative energy resources.”

Managing public risks
Another Swiss risk manager says he would like to see the government creating a clear definition of competences, structures, organisation and resource allocation ahead of a crisis situation like earthquake, terrorism, pandemic or civil commotion. A similar view came from a risk manager based in Portugal. The government should pay more attention to managing public risks like pandemics, natural catastrophe, terrorism and crime and corruption, he said.

Several responses asked governments to give clearer and stricter requirements for risk management in listed companies, and suggested that some regulations for unlisted companies could also be considered. A Swiss risk manager said that the risk reporting requirements of corporate governance frameworks such as Germany’s Kontrag did not exist in many countries. From Bulgaria, came the comment that it would be good if essential risk management standards were adopted and widely publicised, and a Russian risk professional said he would like to see the government build up national standards of risk management.

“It would be very practical to map risks,” said a UK risk manager. “It could be useful in managing the population’s perception of risk. It should educate the population to understand risks and take responsibility to manage them, instead of the state making legislation.”

Above all, there is a need to take a more comprehensive view of global risks. “Risks are often still viewed and dealt with in isolation. However, in today’s world global risks are tightly interwoven,” says Jacques Aigrain, Chief Executive Officer of insurer Swiss Re. “To address our contemporary risk landscape, governments and enterprises need to take a holistic approach to overcome silo-thinking and acting. We need to prioritise risks effectively, improve preparation and strengthen public-private partnerships to mitigate risks and to finance economic losses.”

In part, that means being more proactive. “There is continued evidence of a disconnection between risk and mitigation,” says Mike Cherkasky, President and Chief Executive Officer of Marsh & McLennan Companies, the insurance and risk group. “The focus of government and corporations must not only be on reacting to events, but on utilising effective enterprise risk management to set priorities, increase business focus, allocate resources and maximise efficiency.”

“Catastrophic natural disasters in recent years have demonstrated that our ability to confront emerging risks depends more on the choices we make before a disruption, than the actions we take during a crisis,” he adds. “Only a systematic planning approach will ensure that countries and companies are prepared for the risk environment we presently face.”

Tackling global risks
The World Economic Forum says four big changes would help to address global risks:
– Linking energy security with considerations on climate change;
– Urgently beginning work on a successor to the Kyoto agreement on climate change, which needs to include the US, China and India;
– Renewing terrorism insurance schemes that are due to expire this year; and
– Checking supply chains are resilient against a pandemic illness, such as Avian Flu.

Ernst & Young celebrate Switzerland’s attraction

Twelve months ago, when American multinational Kraft announced it had taken a long-term lease on new corporate headquarters in Zurich, the business sector presumed the move was driven solely by the fiscal prudence of low tax rates. The US firm, which owns a portfolio of famous brands, such as Philadelphia cream cheese, Kenco coffee and Terry’s Chocolate Orange, was following in the footsteps of Procter & Gamble and Colgate-Palmolive, which have all shifted their European headquarters to Switzerland.

The Alpine country’s attractive tax regime was one reason. But there were others, including lifestyle, quality and cost of accommodation, and excellent public transport.

In a statement at the time Kraft said that the company had conducted a survey of different headquarter locations and Zurich came top. The statement cited the ease of getting about: good transport to the airport, good rail links. “We have a lot of expatriate staff so availability of schools and good quality accommodation are important.” Biogen Idec, a US pharmaceutical company, last year decamped from Paris to Zug, a canton which boasts a corporate tax rate of nil.

In the more cosmopolitan Zurich, the normal range of corporation tax is between 15 percent and 24 percent but foreign holding companies using Zurich as an administrative base are exempt from tax on their non-Swiss earnings.

A recent World Bank survey bolstered the view that Switzerland is highly rated for its favourable rates and ease of paying taxes. And research released in July 2007 also appeared to confirm Switzerland is attracting companies for tax reasons. It found that a record number of firms had set up shop in the country in the first six months of 2007.

The World Bank survey ranked Switzerland 24th worldwide in terms of total tax rate – all taxes that businesses pay – and second in Europe, behind Ireland. The Pacific island of Vanuatu headed the table with a fiscal rate of just 8.4 percent. With a total tax rate of 29.1 percent, Switzerland is only 0.2 percent behind top-ranked Ireland with 28.9 percent, said the Bank.

Switzerland was placed ahead of eastern European and Baltic countries, which have nominally lower corporation taxes but which carried the burden of higher capital tax and social insurance costs as well as customs and transport levies. And it did considerably better in the world listings than its neighbouring countries: Germany (50.8 percent, ranked 124), France (66.3 percent, ranked 157) and Italy (76.2 percent, ranked 168).

Tension
But the results come at a time of niggling tension between Switzerland and the European Union over the Swiss corporate fiscal system. Brussels wants the Swiss authorities to scrap a practice applied by some of its cantons that exempts company profits generated in EU countries from tax. It claims doing so violates a 1972 free trade accord.

Switzerland has repeatedly refused to negotiate with the EU over the issue. The government says that corporate taxes are a cantonal issue and are not covered by the trade agreement. The Swiss position is straightforward: that the 1972 free trade accord does not apply to the tax benefits granted to foreign companies by a number of cantons. It argues that the 1972 agreement is only applicable to certain goods such as agricultural and industrial products.

The EU is calling on Switzerland to give up the tax practice and adapt to its demands. Switzerland has so far refused, although the possibility of some distant compromise emerged in October 2007 when the two sides at least agreed to talk. One of the key questions for Switzerland in 2008 is whether the talks will proceed amicably, or whether the EU will stay on the front foot and turn this into a larger conflict.

If the tax spat is striking a somewhat discordant note in otherwise harmonious relations, there was more cause for concern, however minor, at the beginning of 2008 when the president of the Swiss National Bank, Jean-Pierre Roth, said the threat of inflation is rising, along with possible risks to the Swiss economy.

Mr Roth seemed to suggest Switzerland would not be immune from fallout from the sub-prime lending crisis in the US. He said there were ‘question marks’ over the economy, especially concerning possible knock-on effects from problems in the US. He warned that economic growth in Switzerland could fall below the Bank’s forecast in December of around two percent for 2008.

None of this is dissuading multinationals from setting their sights on Switzerland as a cost-effective and attractive base.

According to Ernst & Young, Switzerland is the leading European choice of international companies for locating an International/European headquarter, an R&D centre, or a centre for administration/accounting functions.

The company’s “Swiss Attractiveness Survey – What Foreign Companies Say” Ernst & Young conducted of international executives currently working within Switzerland shows that 74 percent of the executives surveyed would choose Switzerland again as a business site.

Other factors
While traditionally taxes have been one of the key reasons for locating and investing in Switzerland, Ernst & Young says the relative importance of other factors is definitely increasing. A key reason Switzerland rates so highly is its outstanding quality of life, which 71 percent of the executives rated as very attractive. Almost 80 percent of those surveyed also rated as very attractive Switzerland’s clear and stable political, legislative and administrative environment, with 65 percent rating the stable social environment very highly as well.

Other particularly strong features include the flexible labour laws and the favorable tax environment or tax incentives, with 56 percent of those surveyed giving each factor the highest rating.

Ernst & Young said Switzerland’s enduring focus on developing a highly skilled and specialised labour force, as well as a competitive business environment, have allowed it to take advantage of the changes created by globalisation. “Once a company has settled down in Switzerland, it will most probably stay,” Ernst & Young concluded.

This assessment seems to be borne out by figures that show 2006 was a record year of investment within Europe and Switzerland continued to be one of the most attractive locations for foreign direct investment.

Globalisation
One of the reasons for rising FDI in Switzerland is the country’s increased level of globalisation. In the 1970s, Switzerland was hampered as a global investment centre by its traditionally isolationist policies. Even as recently as 1996 the OECD warned that the Swiss federal government and the cantonal authorities needed to strengthen and approves Switzerland’s attractiveness as a place to do business.

This call for political action stemmed primarily from Switzerland’s rejection of EU membership. But it also came from a recognition that the internal Swiss market was not fully integrated, with lack of competition in some areas resulting in higher operating costs for foreign investors.

Liberalisation of internal markets has been slow and sometimes controversial, but progress has been made. Switzerland has to all intents and purposes become a “virtual member” of the EU and this has also increased the pace of globalisation. A referendum in 2001 went against opening talks on joining and Swiss-EU relations continue to be based on an extensive range of bilateral agreements.

Ties became closer in 2005 when a referendum backed membership of the EU Schengen and Dublin agreements, bringing Switzerland into Europe’s passport-free zone and increasing cooperation on crime and asylum issues. A further referendum in 2007 saw the bilateral agreement on the free movement of people come into force for the ‘old’ 15 EU member states, Malta and Cyprus as well as Efta nations Iceland, Norway and Liechtenstein.

Flood prevention
In other words, residents of these countries were suddenly free to compete for jobs in Switzerland alongside the Swiss. But a clause will allow Bern to place limits on immigration if too many EU citizens flood into the country (10 percent above the average of the past three years). Parliament will decide in 2008 the extent to which it will confer similar rights to the people of Bulgaria and Romania.

According to Switzerland’s Federal Migration Office, both Bern and Brussels favour a gradual, controlled opening of the Swiss job market. But whatever parliament decides, voters will have the final say in a referendum later in the year or in 2009 since such a move requires a change to the constitution.

This has all helped increase the pace of Switzerland’s globalisation. Indeed, in Economic Institute KOF’s 2008 Index of Globalisation, which compared 122 countries, Switzerland came fourth – up two places on 2007.

Zurich-based KOF said globalisation in Switzerland has increased continuously since the 1970s and particularly since the 1990s. Since 1991 Switzerland has been among the world’s 10 most globalised countries. The 2008 position was partly the result of a substantial rise in foreign direct investment, said KOF. One aspect of Switzerland’s cosy stability that has never seemed under threat is its politics. Switzerland’s long-standing neutral status has given it the kind of political cohesion envied by just about every other nation.

And yet last year, in the run-up to federal elections in October, Swiss cities saw riots on a scale rarely known. The unrest was the result of protests against the right-wing Swiss People’s Party (SVP), which ran what many saw as an overtly racist campaign. The party’s controversial leader, Christoph Blocher, was accused of wrongly depicting Switzerland as a society under siege from immigrants who have scant regard for the country’s laws and customs. Violence flared in the capital of Bern when left-wing protesters tried to stop a pre-election SVP rally. There were similar incidents in Lausanne and Geneva.

The level of concern over the tactics of the SVP was such that the United Nations refugee agency strongly condemned the party for an advertising campaign in which it appeared to blame the country’s rising crime rate on asylum seekers.

Success

But Mr Blocher’s rhetoric, and his embracement of traditional Swiss values, struck a chord with the electorate. The SVP was the most successful party at the election with 29 percent of the vote at the October 2007, but moved into opposition following parliament’s refusal to re-elect Mr Blocher to the Cabinet.

Analysts believe the political scene will remain unsettled in 2008 as the SVP settles into its opposition role. But this is still Switzerland, and “unsettled” is relative. The new government is expected to last the full four years, and its policy goals remain bullish.

Despite remaining outside of the EU, the Swiss economy will become more closely integrated with those of its neighbours as a new series of bilateral agreements comes into effect. The government also plans to continue efforts to improve micro-economic conditions to boost GDP growth. This includes measures to increase competition by liberalising previously sheltered industries such as electricity, energy, telecommunications and postal services.

Switzerland special place in Europe – part of it, but not part of it – seems destined to remain little changed, at least in the medium term. Bilateral agreements will be a necessary part of that arrangement as long as there is an EU and the ‘island’ of Switzerland in the middle of it.

Overcoming Russo-American tensions

Washington seeks Russian assistance on non-proliferation while pursuing policies on Russia’s borders that Moscow and many Russians consider highly provocative. In the meantime, both countries are threatened by radical Islam; co-operation between the nuclear powers of the world is imperative; and an emerging set of issues, like environment and climate change, can only be solved on a global basis. Given the extent to which their national interests have become interconnected, neither side can want or, indeed, afford a new Cold War. But the new chill is harmful to the prospects of a peaceful and creative international order.

The two countries have reached this point under presidents who took office nearly contemporaneously and will leave it about the same time. Remarkably, the personal relationship between the two presidents has remained much more constructive than the overall relationship. To the extent that personal trust can shape policies, the two presidents have an opportunity to use their remaining months in office to overcome some of the tensions that have weakened the basis for long-term co-operation.

The estrangement falls into two categories: on the American side, disenchantment with domestic trends in Russia, disappointment in Russia’s foot-dragging on the nuclear issue in Iran and reservations about the abrupt way Russia has dealt with the now independent former parts of the Russian Empire. On the Russian side, there is a sense that America takes Russia for granted, demands consideration of its difficulties but is unwilling to respect those of Russia, starts crises without adequate consultation and intervenes unacceptably in the domestic affairs of Russia.

Historical experience
Though each side’s complaints are to some (and often considerable) extent justified, the difficulty in resolving them reflects a vast difference in historical experience. In the 19th century, acting on the surface in parallel, both countries had devoted much of their national energies to expanding into contiguous, thinly settled regions. But there was an essential difference. America’s expansion was carried out by men and women who turned their backs on their countries of origin to shape their individual futures. Russia’s pioneers arrived in conquered territories in the rear of armies, while the indigenous populations were absorbed into the Empire. Almost all the cities in southern Ukraine and, of course, St. Petersburg were created by tsars who moved thousands forcibly into newly conquered regions.

The vastness of the territories and the openness of the frontiers produced a claim to exceptionalism in both countries. But American exceptionalism was based on individual fulfilment, Russia’s on a mystical sense of national mission. America’s exceptionalism produced an essentially isolationist foreign policy, interrupted occasionally by moral crusades. Russia’s exceptionalism expressed itself in military expansion. Between Peter the Great and Mikhail Gorbachev, Russia expanded from the heartland of Slavic Russia to the centre of Europe, the shores of the Pacific and deep into Central Asia.

Until the end of World War II, Russia and America rarely interacted on a global basis. America turned its back on world politics. Russia was in the paradoxical position of, on the one hand, often being seen as a threat to the established balance of power, while becoming an indispensable element in its preservation when it was attacked by Charles XII, Napoleon and Hitler.

America felt secure behind two great oceans, at least until the emergence of Russian long-range missiles and perhaps until 9/11. Russia, with no natural borders, especially in the West, considered itself permanently threatened. America identified normalcy and peace with the spread of its political values and institutions; Russia sought it through a security belt in contiguous territory. Yet the more polyglot the Russian Empire became, the more vulnerable Russian leaders felt, until expansion turned into a defining characteristic of the Empire.

This dichotomy explains the psychological tensions of recent years. To America, the collapse of the Soviet Union was a vindication of fundamental democratic values; to most Russians – even anti-Soviet Russians – the disintegration of empire is a shocking affront to Russian identity. To Americans, the 1990s in Russia were a period of reform and progress. Most Russians view them as a time of humiliation, corruption and national decline. Many Americans criticise Putin for reverting to an autocratic system. His supporters would argue that Russia’s immediate priority must be the restoration of its international standing. That perception, according to independent polls, seems to be shared by a large majority of Russians.

Putin sees himself in the tradition of Peter the Great and Catherine the Great, who established Russia as a great power. Autocratic beyond the standards of even 18th-century monarchies, they nevertheless considered themselves reformers who would drag a backward country and recalcitrant population into the modern period. Peter spent a year in Europe learning as much as he could of European technology; Catherine corresponded with Voltaire and invited Diderot as well as many scientists to Russia.

America must keep in mind that Russia, containing 11 time-zones, abuts principal areas in rapid transformation: Europe; the Middle East; and China, India and Japan, under whose aegis the centre of gravity of world affairs is moving from the Atlantic to the Pacific. Then there are the republics of Central Asia, repository of some of the world’s largest energy resources.

For Russia to regain its historical status, America is in many respects the most desirable partner. Russia will have an incentive to foster relations with China, partly to enhance its bargaining position vis-à-vis other regions. But it will stop short of making Asia the focal point of its policy, partly because China itself would shrink from such a partnership and because Russia has too many concerns about Siberia to place all its bets on its Asian ties. Russia’s ties with Europe are traditional, but Europe, until its unity is further advanced, is highly reluctant to accept the risks that may be needed to overcome radical jihad or to pose the penalties and rewards to prevent nuclear proliferation.

Tactical issues
Strategically, the US and Russia are very important to each other. Yet their dialogue has concentrated too much on tactical issues. Russian concerns have sometimes been treated as an exercise in tutelage. There is some merit in an exasperated comment made to me by a Russian policymaker; “When we tell you of a Russian problem, you have a tendency to reply that you will take care of it. But we don’t so much want it taken care of as we want it understood.”

For many Russians, the post-Soviet experience represents a reversal of 300 years of Russian history. Most of the acquisitions since Peter the Great having been severed from Russia, the Russian strategic position vis-à-vis its Western neighbours has changed fundamentally for both sides. Russia sometimes repeats its historical emphasis on power in relations with its neighbours. It finds it difficult to adjust its thinking to a world where it faces no threat in the West. At the same time, Russia is no longer the strategic threat to the balance of power that it was during the Cold War, even under the worst assumptions. But if the worst assumptions come to pass, it would be the result of a policy failure on both sides.

A new constructive relationship between America and Russia will require the modification of two traditional attitudes: the American tendency to insist on global tutelage and the Russian proclivity to emphasise raw power in the conduct of diplomacy. Specifically:

As the two largest nuclear powers, the United States and Russia have a special responsibility for non-proliferation. Iran is the key. The haggling over Security Council tactics needs to be brought to a conclusion. Is Russia striving for a special position in Iran and, if so, to what purpose? If the disagreement is tactical, wherein does it arise? Is there a different assessment of the imminence of an Iranian nuclear capability? Or of the efficacy of diplomacy? At what point is the Iranian nuclear weapons capability irreversible? Answers to these questions should guide tactics, not be driven by them.

The most sensitive psychological aspect of America’s relations with Russia concerns what Russians call the ‘near abroad:’ the new independent states that were once part of the Russian Empire. Many Russians find it difficult to think of them – especially those close to the centre of traditional Russian power – as entirely foreign countries and react truculently to what they consider American hegemonic attempts to infringe on historical patterns.

This issue requires restraint on both sides. As someone who strongly supported the expansion of NATO to its present limits, I am uneasy about pushing these territorial limits even further outward except under extreme provocation. At the same time, Russia must understand that America is bound to consider the genuine independence of these countries, like Ukraine and Georgia, as an essential component of a peaceful international order.

Affecting attitudes
A major challenge is the degree to which Russia’s internal evolution should affect US-Russian relations. This has two aspects: To what extent will Russian internal conduct affect America’s attitudes? To what extent should America try to affect Russia’s internal evolution by exhortation or pressure?

With respect to the first question, Russian leaders must understand that the American public is as shaped by its national history as is Russia by its own. America will always judge other societies, to some extent, by their respect for human rights. In many intangible ways, this defines the range of action available to American presidents.

When the line is crossed from advocacy to overt pressure, more intractable issues arise. Russia’s internal condition necessarily is an amalgam of its autocratic, historic past and the new opportunities generated by the collapse of the communist ideological system. A Western-style democratic political system cannot quickly emerge from the building blocks of Russia’s political past; new vistas are needed. Putin’s Russia is an inherently transitory synthesis produced by the impact of the USSR’s closed system on the requirements of a globalising world. This synthesis combines elements of Russia’s historic authoritarian, centralised bureaucratic state and the new opportunities opened up through a co-operative relationship with a unifying Europe and a friendly America.

For the moment, the authoritarian, centralising aspects are dominant, though arguably less so than in any previous period of Russian history. The goal of sound US policy should be to maximise incentives for Russia’s evolution to become more compatible with democratic norms. The dominant factors shaping this evolution will be domestic, not external. Overreaching efforts to determine political evolution in Russia will be more likely to strengthen authoritarian tendencies than the reverse.

In that spirit, a relationship between Russia and the United States that goes from removing frictions to active cooperation will make a major contribution to peace, progress and stability. 

© 2007 Tribune Media Services, Inc