Business as usual or a new way forward?

As the dust settles over the economic turmoil of 2009, across the globe, many businesses are expecting – or at least hoping − that 2010 will prove to be a turning point in their fortunes. GDP in most major markets is expected to improve following a year of weak sales, corporate layoffs, idle plant and scant investment. Productivity should follow suit as the wheels of production again begin to turn to restock depleted inventories.

Despite these expectations of a turnaround, everything is certainly not ‘gung ho’. Unlike the heady days of earlier years, when it seemed as if businesses could do little wrong − and when they did, the economy was so strong that it was remarkably forgiving − we aren’t on cruise control. Far from it. Despite the ‘green shoots’ of recovery, history shows us that, in 2010, as in previous recovery years, we will continue to see high unemployment and corporate failure rates. So, as the economic recovery gradually gains momentum, the watchword for companies – if they are to survive and plan for renewed growth – is ‘caution’.

Throughout the recession, limited, if any, access to bank financing and tighter restrictions on credit insurance confirmed that it was certainly not business as usual. A truth that soon became apparent to all those engaged in domestic and international trade was that past experience – of both markets and customers – could no longer be relied upon as an accurate indicator of the path that future trade would take. Seen in that context, the response of banks, in demanding to see more sturdy business plans from potential borrowers, and of credit insurers, in requiring the most recent financial information available before providing cover on their customers’ buyers, should be expected.

But, despite the often harsh new realities of the marketplace, the value of credit as a medium of successful trade is, if anything, greater than ever. Credit serves many purposes. It creates demand in a flagging market place; it gives suppliers the edge over competitors who offer less attractive terms; and, as buyers’ access to bank finance continues to be in short supply, it gives buyers breathing space to pay for the goods and services purchased from their suppliers.

So, while in tough economic conditions, suppliers’ initial reflex may be to withdraw credit facilities from their customers, this would be short sighted – and potentially damaging to hard earned business relationships.

Credit is vital if trade is to flourish. And provided that there is good reason to believe that payment will be received on time, offering credit should not adversely affect suppliers’ cash flow. But that means that credit must be accompanied by a heightened focus on best practice in credit management. Credit management – not credit control. They are very different. While credit control has negative connotations, credit management encourages continued sales on credit to trusted customers, and is instrumental in building and maintaining profitable business relationships. In the future it will require greater transparency – especially in terms of the latest financial information that can be provided by buyers − who are, thankfully, beginning to understand that such transparency is essential if they are to keep their supply channels open.

And credit insurance should be central to any credit management strategy. By its very nature, credit insurance imposes a discipline on credit sales, ensuring that new customers are properly vetted and existing ones continue to be monitored for changes in payment behaviour that may signal financial problems. It makes available the recovery expertise that can address those problems before they escalate. It provides the market intelligence that helps in the suppliers’ decision making process. And, in the last resort, it is the safety net that protects the supplier’s bottom line when the unexpected happens.

So how do we summarise the outlook for 2010? Business as usual? Hardly – and certainly not while the aftershocks of 2009 continue to reverberate. But that’s no reason to be pessimistic.  While 2009 has been a salutary experience, it’s also brought to the surface exactly what is important to successful and profitable trade.

That’s transparency – transparency between all the parties involved: supplier, buyer, bank and credit insurer. That way, each can understand the risks and opportunities associated with each business relationship and act accordingly – and in a way that always seeks to maintain valuable relationships and avoid undesirable financial loss.

Simon Groves is a senior manager of corporate communications and marketing at Atradius Credit Insurance NV

The Greek incentive

Recently named Best Foreign Investment Practice, Greece by World Finance, Papapolitis & Papapolitis is a firm that represents major financial institutions and multinational corporations, which invest in various sectors of the Greek market. The firm today is at the forefront of the legal market in major foreign direct investment transactions in Greece.

Papapolitis & Papapolitis has experienced the development of corporations and projects in Greece, from the early days of penetrating the market, up to today where these corporations owned by foreign investors play a major role in their respective industries within the Greek market. As such Papapolitis & Papapolitis can offer a key insight into the sometimes difficult, but highly rewarding venture of investing within the Greek market.

The Greek market has experienced an increase of FDI after 2004. For example, net inflows reached Ä4.275bn in 2006, up from Ä487m in 2005. The economy expanded at an average annual rate of four percent from 2004-2007 and 3.2 percent during 2008, one of the highest rates in the Euro zone, where growth was 1.2 percent. After the global economic crisis the European Commission, in its economic forecast report of spring 2009, estimates that Greece’s growth rate will be 0.1 percent for 2010, above the EU 27 rates.

Lately there has been very bad publicity concerning Greece’s financial situation, mainly due to its large deficit. Needless to say that other major countries in the EU, as well as major non-EU countries, suffer from almost the same problem.

The Greek government has already decided to take very strict economic and financial measures as well as to apply major structural reforms in its fiscal policies, which will help immensely in Greece’s economic recovery.
In 2010 great opportunities for foreign investment will be created since the Greek government has stated that major state owned entities will be privatised (i.e. Public Utilities, Banks, Airports, Energy Companies etc.).

One of the major difficulties that foreign investors face when investing in the Greek market is at the time of entering into the market. The main issue has to do with navigating through Greek bureaucracy and dealing with public authorities. It might prove to be a lengthy procedure and during this time a legal advisor that possesses the local know-how and expertise, but at the same time has a key understanding of a foreign investor’s corporate goals and needs is definitely needed. A winning blend would include attorneys who have actually worked in major financial centres of the world, but also have the necessary skills and knowledge of the way in which the Greek market operates. These types of attorneys are found within the Papapolitis & Papapolitis foreign investment practice and pride themselves that they can deliver the most excellent service to foreign investors.

Nevertheless, efforts and reforms are taking place to diminish these hurdles and for bureaucracy issues to be resolved.

One of the most noteworthy reforms in investing in Greece is the newly established Invest in Greece agency the official Investment Promotion Agency of Greece that promotes and facilitates private investment. The agency is set to identify market opportunities and provides investors with general assistance, analysis, advice, and aftercare support free of charge.

Greece’s investment incentives on offer are among the most competitive in the European Union.
The structural framework for investment support in Greece revolves around three institutional pillars:
1) the Investment Incentives Law
2) the National Strategic Reference Framework 2007-’13
3) Public Private Partnerships (PPP)

Namely:

1) cash grants that can reach up to 60 percent, covering part of the expenses of the investment project by the Greek State;

2) leasing subsidies that can reach up to 60 percent, that cover part of the payable installments by the Geek State relating to a lease that has been entered into for the use of new mechanical or other equipment; or

3) wage subsidies that can reach up to 60 percent, provided for employment created by the investment; or

4) tax benefit that can reach up to 60 percent, that allows income tax exemption on non-distributed gains. This benefit is effective upon completion of the investment for the first ten years of operation and is created through a tax-exempt reserve.

The above investment incentives are applicable to energy, tourism, industry, advanced technologies and innovation projects and cover a wide area of business activities.

Finally, the new “Fast Track” law developed by the Ministry of Economy and Finance that accelerates the licensing procedure for investments in Greece is applicable in energy, tourism, industry, advanced technologies and innovation projects and is available to large scale investments that their total value exceeds Ä200m or investments exceeding Ä75m, provided that the investment creates 200 new jobs.

Under the “Fast Track” law Invest in Greece can act as a one-stop-shop for investors that undertakes all procedures and licensing required for investments that meet the criteria of the law.

All of the above endeavours and reforms do offer a foreign investor great incentives in order to invest in the Greek market and those investors who have established businesses in Greece have experienced great profits posted.

For example, in the real-estate and gaming sector foreign clients of Papapolitis & Papapolitis have developed one of the largest hotel casinos in Europe that is also one of the most profitable hotel casinos worldwide.

Other areas where foreign investors have acted with tremendous success within the Greek market is the Renewable Energy Sources (‘RES’) industry, where Greece has the prospect of becoming one of the major European countries that produces energy from renewable sources. The incentives offered by the Greek State for these types of projects, as well as the new laws that are coming to place expediting the licensing procedures make the Greek RES market to be extremely lucrative to foreign investors. Papapolitis & Papapolitis represents foreign multinational companies that invest in the Greek RES market and have experienced immense success.

In addition, the Greek banking sector has remained stable through 2009 and tests conducted jointly by the Bank of Greece and the IMF suggest the “Greek banking sector has enough buffers to weather the expected slowdown of the economy”.

Papapolitis & Papapolitis suggests that investing in Greece is surely a venture that pays off and from experience those who have made such an investment have found themselves in a great position with their corporations posting profits throughout the years.

The financial crisis that Greece is experiencing at the moment has led the Greek government to make changes that in the long run will have a positive impact on the market. The market will open and new major opportunities that will speed up the privatisation process will be created. The bureaucratic legal framework that has deterred foreign investors from entering the market up until now will also be simplified.

Greece needs FDI and the Greek government has fully understood this parameter. We are now witnessing an attempt from the government to eliminate every obstacle that could delay or hinder any foreign investment.
The new efforts and reforms made by the Greek government offer hope that Greece will become even more competitive within the global market and that foreign investors will find themselves in an even more comfortable position when investing in the Greek market.

Papapolitis & Papapolitis considers that in this year many foreign investors will be encouraged to invest in the Greek market, due to the combination of new major opportunities and the new framework that is offered by the government’s reforms.

Nicholas Papapolitis is a Senior Associate at Papapolitis & Papapolitis. For more information www.papapolitislawfirm.com; www.investingreece.gov.gr

China starts slowly in 2010 race against inflation

They have adopted less urgency in their approach to this year’s race: taming inflation before it takes off on the back of super-charged growth.

Beijing has started to trim back ultra-loose policies adopted at the height of the global financial crisis in late 2008. But these have been tentative steps, marginally in the direction of tightening, and pressure is building for more decisive action.

A clear sign of potential trouble came in the first data points of the new year. Surging factory orders and output pushed both of China’s purchasing manager indexes (PMIs) to fresh highs, but the surveys also revealed very strong rises in prices.

Policymakers and investors who ignore the warnings about inflation would be doing so at their own peril. After all, a jump in Chinese PMIs in early 2009 was one of the best leading indicators of the country’s ultimately stunning recovery.

“We are probably at a tipping point when news of very strong growth is not necessarily welcomed anymore as inflationary pressures are clearly rising quickly,” Yu Song, an economist with Goldman Sachs in Hong Kong, said.

Consumer prices in November rose 0.6 percent from a year earlier after falling for most of 2009.

Inflation it set to rise in the coming months, partly due to the base effect of low prices a year earlier, but also because money supply grew at a record pace of roughly 30 percent last year.

The question is whether inflation will start to moderate around the middle of 2010 — the baseline forecast of many analysts – or turn into more of a headache.

Economists at Morgan Stanley, for example, forecast that annual consumer price inflation will crest at 3.6 percent at
the end of the second quarter before falling to an average of 2.1 percent in the fourth quarter.

Tentative tightening
It is by no means too late for Beijing to tamp down on the price pressures. Much will rest on how it applies bank lending controls – a far more important tool than interest rates in Chinese monetary policy.

Record new bank credit in 2009 of nearly 10 trillion yuan ($1.5 trillion) was heavily concentrated in the first half.
This is the usual lending pattern in China and one that the government is determined to break, insisting in recent
pronouncements that banks lend more evenly throughout this year.

So all eyes will be on new loans data in the first quarter.

Loans of more than 1 trillion yuan a month could fuel steep price rises and signal “drastic tightening” down the road, Yu said. But if officials succeed in controlling lending, the economy will be on its way to achieving high growth and low
inflation, he said.

Chinese leaders from Premier Wen Jiabao to central bank governor Zhou Xiaochuan have pledged in recent weeks that they will maintain appropriately loose monetary policy while also “enhancing flexibility”. Observers have interpreted this as an indication of their intention to gradually step up tightening.

Indeed, over the past month, Beijing has scaled back a tax exemption on property sales, increased a tax on auto purchases, vowed to crack down on speculation in the sizzling housing market and given banks stricter lending guidelines.

“There is no doubt that the government is heading in the correct direction and it chose the right time to start, but the
most challenging point is how to control the pace of tightening,” Gao Shanwen, an economist at Essence Securities in
Beijing, said.

Managing liquidity
The central bank has also started using open-market operations to delicately tighten policy. It has conducted net
cash drains from the market for 12 straight weeks, including in a surprise reverse repurchase agreement on the last day of 2009.

Yet, basic liquidity management should not be confused with more serious tightening. About 2 trillion yuan, more than
one-quarter of China’s annual 2009 budget, had been due to be allocated in December; the central bank needed to mop up some of the cash sloshing about as a result.

“The government is unlikely to take extremely aggressive tightening measures in 2010, as it is still not fully confident
about the foundations of the economic recovery,” Gao said.

Few analysts think the People’s Bank of China will raise banks’ reserve requirements or interest rates until headline
inflation really catches the public’s attention, perhaps sometime late in the second quarter.

Currency appreciation would, in normal circumstances, help serve tightening goals. But Beijing seems almost paralysed by fears that a strengthening yuan would attract currency speculators, the hot money inflows revving up inflation.

Zhang Ming, an economist at the Chinese Academy of Social Sciences, the top government think-tank, forecast that the yuan would rise by less than 5 percent against the dollar this year. Offshore forwards pricing suggests investors currently expect the yuan to appreciate about 2.7 percent.

“We can rule out the possibility of a big one-off revaluation,” Zhang said. “And, of course, if the dollar’s real
effective exchange rate increases, then the yuan will have less need to appreciate against it.”

Entering the Mercosur

Uruguay has a set of social, economic and political conditions that strategically place it as the main entrance to the Mercosur, the biggest market in the region.

During the last five years, this country has been through an accelerated process of economic expansion. With an average growth rate of over seven percent pa, it has become one of the most dynamic economies in Latin America, consolidating a sustainable model of economic growth and social development.

This excellent performance was achieved by highly qualified economic management, which has led the country towards growth and development, based on responsibility and balance.

The main factors that have allowed Uruguay to face unfavourable international conditions are: cautious macroeconomic policy, a search for balance in public accounts, responsible management of public debt, opening up its fiscal borders, stable and reliable political and legal environments and the existence of a healthy banking system.

Macroeconomic policy

The cautious management of the fiscal and monetary policies set a favourable scenario for the development of private investment, an essential driving force for sustainable growth.

Inflation has remained under control in spite of the great increase in the international price of commodities during the first half of 2008. On the other hand, the existence of a flexible exchange rate system provided the economy with a greater adaptation capacity when faced with external ups and downs.

Since the respect for fiscal balance was considered a key factor to assure the sustainability of the economic model, the average fiscal deficit of the last five years was below one percent.

The excess amount of public accounts offered a margin to adopt a set of anti-cyclical measures since the end of 2008 to palliate the negative impacts of external shocks and to face higher energy consumption due to an acute drought, maintaining the fiscal deficit at reasonable levels.

Public debt management

The competence of public debt management and planning reduced the vulnerability of the national economy, decreasing its external exposure through a strong reduction of the debt burden on GDP and the construction of a clear maturity horizon for the next years.

Thus, the scenario of the international credit contraction provoked by the crisis finds Uruguay with a record reserve level by the end of 2009 (USD 7.700m, 24 percent of GDP) and with a sustained growth.

An economic opening

The strong economic growth has been accompanied by a greater degree of economic opening, averaging 60 percent of GDP in the last five years.

The exports of goods and services reached their historical peak in 2008, exceeding USD 9.000m (28 percent of GDP). This performance, that in the last four years has implied the duplication of exports value in US dollars, was accompanied by an important process of diversification of destinations and also a sharp increase in the exports of services, which grew by 85 percent since 2005, and among which, software exports stood out.

This way and in spite of the strong contraction of international trade that provoked deep falls in world trade volumes, the value of the Uruguayan exports between January and September, 2009 decreased by only 14 percent compared to the same period of 2008.

Stable political environment

The political and juridical stability has been a characteristic of Uruguay that has distinguished it throughout its history as a trustworthy destination for investments and, therefore, a transparent and reliable juridical framework has been developed, with clear and equitable game rules for national and foreign productive capitals.

The investment regime includes free access to the exchange market and free repatriation of capital, allowing remittances to be made at any time, in any currency and without previous controls. There is also a series of tax exemptions and benefits for companies investing in the country.

As a result, the volume of foreign direct investment (DFI) has multiplied in previous years, exceeding USD 1.800m (six percent of GDP) in 2008. In the year ending June 2009, FDI exceeded the average of the last five years. At the same time, the total investment has registered a sustained increase of its share in GDP.

Banking system

The Uruguayan banking system has remained sound and liquid even in the middle of the collapse of international financial markets that led to the bankruptcy of some of the main world banking institutions.

Composed of a public bank (Banco República) and 13 first rate international banks, the Uruguayan banking system has remained healthy and with excellent solvency and liquidity indicators, due to a low grade of exposure to external turbulences and to the high quality of its assets.

Concerning solvency, the prudential regulations applied in the last years provided for requirements even more demanding than those recommended by Basle. As a consequence of this, the capital adequacy (Tier 1) was about 17.5 percent during 2009.

The liquidity of the institutions has reached levels higher than 60 percent. Thus the assistance of the regulatory authority has not been necessary.

Finally, as opposed to what occurred in other banking systems, the delinquency has remained extremely low (one percent) due to the high quality of the banks’ credit portfolio.

In short, the economic growth model adopted by Uruguay in 2005, based on solid pillars, has offered the country the possibility to successfully overcome the deep international crisis. While the economy has felt the impact of the worsening of external conditions, mainly due to the contraction of foreign trade and foreign investment, the annual GDP as of June, 2009 grew by 5.1 percent as for the same period of the previous year.

The recovery of the world economy and external demand, the return of investment flows, and the solid economic basis of the country allow to ensure that Uruguay will continue to show an ongoing and sustainable growth in the years to come.

For further information email: fernando.calloia@brou.com.uy

Making an African brand global

The financial services industry in Ghana was for a long time dominated by western banking practices and procedures which could not meet the needs of SMEs as a result of the cumbersome processes. This was because training in banking was deeply rooted in the western syllabus and hence the western way of financial practices. Also in Ghana, the 1990s were characterised by bleakness in the banking and finance industry. Banks were failing in their core activity of making loans accessible to the informal business sector.

This story however changed when in 1997, through the rare partnership of two men, the financial services landscape in Ghana experienced a radical revolution with the establishment of UT Financial Services. For the first time in Ghana an indigenous son defied all banking norms and demystified access to loans to the ordinary man and woman. In addition to providing accessibility, UT broke the jinx that governed the disbursement of loans such as having to wait for several weeks, sometimes months in order to receive whatever loans one had applied for.

UT Financial Services Ltd (formerly Unique Trust Financial Services) is the leading non bank financial institution in Ghana specialising in loans and investment. The company has for the past decade committed itself to serving the needs of indigenous traders and business entities not being catered for by the traditional banks through simple, fast and a very efficient business model. This resonates with the desire of the shareholders to create an entity set apart by its nonpareil standards of integrity in dealing with clients and stakeholders.

In the words of Moky Makura, the prolific TV presenter, producer, writer, actress and businesswoman: “what seems to make UT so successful is the company’s strategy of applying African solutions to an African environment. Commercial Banks in Ghana have tended to apply western standards when they lend money looking for things like collateral, business plans and fixed business addresses. But like much of the rest of Africa, well over 70 percent of Ghana’s business takes place in the informal sector; so UT threw out the rule book.”

The initial focus of UT was centered on servicing the “unbanked” informal sector, but over the past few years, UT’s services have extended to cover the formal sector and providing stop gap loans and trade financing to SMEs.
What sets UT apart in the financial services market is the solid business structure and flexibility that allows for tailoring products to meet the specific needs of clients hence the tag line “they say no, we say why not”.

The core business is to provide credit for businesses and individuals to expand their business, import and export financing and social loans for salaried workers and take care of other social needs. In addition to this, the company has a high yielding investment instrument which provides clients with carefully selected investment products that balance risk with robust reward.

UT’s vision is “to be recognised as Africa’s leading provider of unique financial solutions”.

In all dealings, UT is dedicated to providing timely and effective financial assistance to the customer. 

The company which started with a staff of four in a one room office in the Central Business District of Accra now boasts a diverse and highly skilled workforce of about 600 spread over 20 branches in Ghana.

Performance highlights

Under the dynamic leadership of the visionary CEO, Prince Kofi Amoabeng, (described by the media as the “Prince of Corporate Ghana), UT has won a number of awards. UT has been awarded the 5th Best Company, 2nd Best Financial and Indigenous Business for 2008 as well the Best Non-Bank Financial Institution for four consecutive years (2003, 2004, 2005 and 2008) by the Ghana Investment Promotion Centre (GIPC) in its Club 100 rankings which represent the top 100 companies in Ghana. In 2006 the company was recognised as the Best Financial Institution and 2nd Best Overall Company in Ghana. In the same year the CEO received the Marketing Man of the Year Award by the Chartered Institute of Marketing (CIMG). During the celebration of Ghana’s 50th anniversary in 2007, UT won a Gold Award for its contribution to the Social and Economic Development of Ghana.

In March 2008, UT won the second Most Respected Company, while the CEO won the most Respected CEO in the maiden edition of Ghana’s Most Respected CEO and Company Awards organised by PricewaterhouseCoopers.

CSR

Wealth creation at UT Financial Services is not just about how much profit we make, but also how much we are able to impact on the community in which we operate. Our social responsibility therefore is about being responsive to the needs of our people and contributing significantly to the social and economic development of the disadvantaged in society.

Apart from prompt and timely payment of corporate and income tax, we also make significant donations and sponsorships to the under-privileged sectors of society.

We have been committed to improving health, education and the social wellbeing of the ordinary and under privileged in society. UT has over the past four years spent five percent of our profit before tax on our social responsibility. UT has a unique Yuletide outreach programme where the chairman of the board leads a team of staff volunteers to distribute food parcels to the street children and homeless on Christmas day.

UT makes donations to the Ghana Society for the Blind, Ghana Heart Foundation, Hope for Kids and the Ghana National Trust Fund among other charities.

UT today

From humble beginnings as a privately owned company in Ghana, UT in 2008 evolved into a publicly owned company with shares listed and actively traded on the Ghana Stock Exchange, in one of the most successful IPOs to date in Ghana. The IPO was recently awarded the 2nd Best in Africa by the New York Stock Exchange.

– UT Financial Services has over the past two years opened branches in other countries in line with its vision of having a presence in five countries outside Ghana by 2010 – UT is taking an African brand global.

– UT Financial Services (Germany): In 2008, UT started operations in Hamburg, Germany as UT Logistics GmbH. The major products being offered were acquisition and registration of land, building supervision and as well providing travel assistance to Ghanaians in the diaspora.

– UT Financial Services (Nigeria): At the beginning of 2009, UT obtained a license to operate and replicate its services in Nigeria, thus serving the needs of indigenous traders or business entities not being catered for by the traditional banks, by providing stop gap loans and trade financing to SMEs.

UT Holdings
Apart from UT Financial Services the UT Group comprises of the following
operating companies:

UT Logistics : UT Logistics is the trading and logistics arm of UT Holdings. The company undertakes clearing and warehousing business activities.  UT Logistics, in addition, trades in soft commodities and provides collateral management services.

They are also into freight forwarding and clearing of goods.

UT Bank : A recent acquisition majority shares in BPI Bank Ghana Ltd gave birth
to UT Bank which operates as a licensed universal banking institution offering a
suite of banking products and services to customers.

UT Properties: This company offers real estate services such as valuations and funding options. It offers advisory and consulting services aimed at acquisition, development and management of land and real estate in Ghana.

UT Collections: This is the debt collection subsidiary of UT Holdings and specialises in the collection, management and recovery of debt. The company provides innovative and professional debt collection services and receivable solutions across a broad spectrum of industries.

Best method analysis

Although some may consider transfer pricing a “black box,” the shared adage among most finance professionals is that transfer pricing is comprised of both art and science. The science of transfer pricing is grounded in financial data and the relevant tax laws while the art of transfer pricing is based upon an intuitive sense of which adjustments and assumptions may best align the scientific aspects with the realities of the business. At present, many transfer pricing practitioners believe that the recent dynamics in the global economy, such as unprecedented increases in corporate borrowing costs coupled with limited access to capital markets as well as total system losses for multinational companies, may require a different perspective in defining arm’s length behaviour. It is precisely this shift of economic reality that has created both a necessity and an opportunity for organisations to rethink their global transfer pricing.

Cyclicality of the sector

An industry analysis is the foundation of a transfer pricing framework and should seek to explain any deviations from the industry’s historical trends experienced during the recession. Most industries have been impacted by the current economic environment while a chosen few have been recession resistant. The cyclical industries that have been severely impacted by the recession, such as the financial services and automotive sectors, will require reconsideration of their financial analytics given the newfound government intervention and ensuing regulatory changes. As such, benchmarking in these industries must ensure accurate comparisons of financial results either through a search for comparable companies that are subject to similar regulatory conditions or the application of appropriate financial statement adjustments to account for differences in capital costs or SG&A burdens.

Best method analysis

The fundamental assumptions around the “best method” selection, as defined in most tax jurisdictions, must be challenged to test the relevancy of the method during recessionary periods. Although each country will address the best method and data requirements differently, as an example, the US tax law presents the rule under the Internal Revenue Code Section 1.482-1(c). For a transaction-based method, whereby an intercompany policy is established using the same terms as in third-party transactions, current market conditions may have changed a company’s terms with those third parties, creating a need to evaluate the applicability of that change to the intercompany transaction. For a profit-based method, the basic method may be appropriate yet an alternative profit level indicator may yield a more reliable result under depressed market conditions.

In the current environment, a comparison of the company’s performance to the comparables may prove challenging for several reasons. On the practical side, comparables used for profit-based methodologies will normally incur a natural attrition, which has now been accelerated during the recession through an increase in bankruptcy volumes. Moreover, there is a natural time lag in the availability of financial data that will create a misalignment in some cases and the potential risk of inappropriate comparisons of recessionary years with pre-recession years. According to US tax law, a basic premise of the best method selection is to employ the method which produces the most reliable measure of an arm’s length result given the degree of comparability between the taxpayer and the third-party transactions as well as the quality of the data and the assumptions (Ibid). As such, sensitivity to these fundamental data issues is always considered a best practice yet should be viewed as essential in this environment.

Legal and tax

Opportunities as well as risks may be found in a review of the current transfer pricing policy and the supporting intercompany agreements. The legal and tax departments of a company should jointly scrutinize and validate the use of the current terms of the intercompany agreements to ensure that the “…terms are consistent with the economic substance of the underlying transactions,” as outlined in the Internal Revenue Code Section 1.482(d)(3)(ii)(B)(1). For most companies, certain intercompany terms are worth further consideration, including a minimum return “guaranteed” for distributors or a minimum royalty paid to an affiliate for marketing intangibles. In the event of systemic losses, a company should reconsider the arm’s-length validity of such arrangements; it is likely that the tax authorities will do the same.

Risks and opportunities

Global transfer pricing policies must be reviewed in light of the current economic conditions to ensure that the risks have been properly mitigated and the opportunities have not been overlooked. The risks may be found either in the scientific dimension or the artistic dimension, the changes in the financial foundation or in the assumptions made surrounding the business model and the value drivers; the worthwhile opportunities will be found in the balance of the two.

Kathrine Kimball is VP of Ballentine Barbera Group, a CRA company. For more information kkimball@crai.com

The green incentive

The future health of the planet is at the top of the agenda for politicians, scientists, conservationists, and an increasing number of people in all walks of life, as the evidence of the effects of global warming and pollution becomes ever more apparent. And ominous.

Of course, all eyes were on the UN climate change conference in Copenhagen in December 2009, the aim of which was to deliver the successor to the Kyoto Protocol. But do these events achieve what they set out to? There are critics who believe that they won’t achieve concrete results.

Atradius sees it differently. The role of politicians is that of setting the framework for change and giving clear guidance of what has to be done. That isn’t enough. Arguably, businesses have been instrumental in creating much of the current environmental concerns through their use of traditionally wasteful and polluting processes. These very same businesses can now turn the politicians’ aspirations into reality by adapting more cost efficient, less wasteful and environmentally aware practices.

The white paper cites many examples of companies that have seized the opportunity to become ‘greener’ – and, in the process, increased their profits and enhanced their brand. Wal-Mart, for instance, has adopted an environmentally aware philosophy that runs right through its organisation, and it ensures that its suppliers do likewise. In the process it has been able to pass on savings to customers while at the same time increase profits.

The profitable application of sustainability is by no means exclusive to major corporations. If anything good has come from the economic downturn, it is that businesses have had to focus on eliminating wasteful processes to cut costs; essentially reviving the mantra that gained currency in the 70s and 80s: Total Quality Management, or TQM. But what is sustainability if not a natural development of TQM? Those businesses that have, of commercial necessity, adopted this cost saving stance to see them through the recession, have taken the first step towards making sustainability a central pillar of their business strategy.

Atradius’ white paper also highlights the commercial opportunities that were missed by businesses too focused on continuing to produce traditional products by traditional means. Take, for instance, the energy efficient light bulb: a simple yet potentially powerful weapon in the battle against waste. While the technology was developed decades ago, its blueprint languished on some researcher’s shelf while businesses – who could have marketed it profitably – failed to foresee the trend away from energy wastage.

The message that the Atradius white paper has for businesses is that sustainability isn’t a side issue – the success stories cited in the paper demonstrate that sustainability can be a profit centre, enhancing that most ethereal of assets – brand value, creating real savings that outweigh initial costs, and providing a more attractive commercial proposition: all of which add up to a healthier business. Governments should be praised for the support they are providing for the development of sustainable technologies and the encouragement they offer businesses through positive incentives such as tax breaks.

But the long term value of penalties for exceeding carbon emission targets may not be enough to ensure that the needed changes are made to create permanent reductions in emissions. If confronted by the possibility of a fine for polluting, a business can – and often will – factor that fine into its costs, thus viewing the fine to be an acceptable fee for continuing to pollute. Similarly, the carbon trading scheme that formed a key element of Kyoto, however well intentioned, can be misused as a get-out clause to continue to pollute – at a heavy price.

The carbon emissions penalty and trading scheme do not achieve what is needed to create a sustainable future. They don’t change attitudes, they don’t make countries or businesses consider the rights and wrongs of their processes, and they won’t foster global cooperation, as they simply allow some countries to buy their way out of actually reducing energy usage and carbon emissions.

For sustainability to be achieved, it has to become a boardroom issue, not just government legislation. At the very least, businesses should be able to lower costs by embracing a sustainability policy, but with more businesses choosing green companies as their preferred partners it is becoming evident that this can help brand image as well.

Download a copy of the Atradius white paper at www.atradius.com

UK’s Darling says PBR will reassure markets

The Labour government’s plan to halve the budget deficit over four years will soothe market concerns about Britain’s debt burden, finance minister Alistair Darling told reporters in an interview on Thursday.

Government bond futures fell sharply, however, a day after Darling delivered a pre-budget report that shied away from detailing exactly how he plans to cut borrowing.

Markets are worried Britain could lose its top-grade credit rating unless policymakers take tough action to cut a deficit set to top 12 percent of gross domestic product this year.

“The steps that we have taken will reassure people that we have a credible, deliverable, realistic and fair plan to cut government borrowing over a four-year period,” Darling said on Thursday.

Darling has set out some of the ways it intends to do that but neither Labour nor the opposition Conservatives have set out enough detail to convince markets yet.

The Conservatives, tipped to win an election due by mid-2010, have said they want to move quicker than Labour in cutting borrowing, worried that a lower credit rating would mean higher borrowing costs.

But Darling has said cutting spending at such an uncertainty economic juncture could prove ruinous for the recovery.

“If you brought the process forward a year you would have to find another £26bn,” he said. “I just don’t think that would be sensible.”

Confident on growth

Darling announced a rise in national insurance contributions on all but the poorest and slapped a one-off tax on bank-bonuses in Wednesday’s PBR to help tackle the growing deficit.

He also revised up his 2009/10 borrowing forecast marginally to £178bn on Wednesday, saying it was better to support the economy rather than hinder it with cuts just yet.

The UK government bond market initially took some comfort from that, but prices plunged on Thursday as investors worried the government was not going far enough to reduce its debt.

“We are at a situation just now where things are still pretty uncertain,” he said.

“I want to make sure we support our economy into recovery but after that, make no mistake about it, the fact that government borrowing will have to come down by half over a four-year period will mean you have got some pretty difficult decisions to be taken right across the board.”

Darling said the government could create the conditions to bring about growth of around 3.5 percent in 2011 and 2012.

“I am confident we can get that growth,” he said. He added that the 50 percent levy on bank bonuses over 25,000 pounds announced on Wednesday was meant to alter behaviour in the financial sector.

“This measure was quite deliberately designed to be one-off, it’s there to basically try and change people’s culture, people’s thinking,” Darling said.

IMF to visit Dubai in coming weeks – Fund official

An International Monetary Fund team will visit Dubai in coming weeks to look closer at the economic impact of the Dubai World debt crisis and actions needed to resolve it, a senior IMF official said on Monday.

In an interview with reporters, IMF Director for the Middle East and Central Asia Masood Ahmed said the visit was an opportunity for the IMF to update and conclude its 2009 assessment of the UAE.

Dubai has been shaken by the debt troubles at government-owned Dubai World, which is currently meeting creditors to delay payment on $26bn in debt, damaging the reputation of the Gulf Arab business hub.

Ahmed said the impact of the crisis appeared contained after a week of concerns among international investors that the crisis could spread. While those worries have subsided, the crisis is likely to have longer lasting effects for the UAE and some of its neighbours.

Ahmed said from now on lenders would likely demand more financial transparency from government-backed companies trying borrow money on their own standing and would also call for clarity on the nature of guarantees on quasi-sovereign debt.

“Lenders and investors will want to look at their balance sheets, their profit/loss statements, their liabilities and assets, in the way they would for any other borrower,” Ahmed said on the sidelines of the Arab Global Forum, a meeting of the private-sector in Washington.

“In today’s market place, companies that provide financial information should be able to attract capital on more attractive terms,” he added.

Ahmed also said there will probably be a period of uncertainty around regulations and legal frameworks of sukuk, or Islamic bonds.

“That will need to be worked through,” he added.

A key tests for Dubai World’s restructuring process will the issuance of a sukuk by Nakheel, the real estate arm of Dubai World, which is due to be redeemed at $4.05bn on December 14.

Ahmed said it was important for Dubai World to provide creditors and investors with as much information as it could to ensure an orderly restructuring of the debt.

“There is no reason to delay action on trying to provide more information and clarity on the status of companies outside Dubai World,” Ahmed said.

“Over time those providing that information will be able to respond to the markets requirements and will be able to attract capital at more attractive prices,” he added.

Last week, Ahmed said the IMF was set to cut its growth for the UAE’s non-oil sector to significantly less than the three percent the Fund had forecast for next year.

“The UAE is much more than just Dubai and Dubai is much more than Dubai World, but we do think the impact of Dubai World … will hold back recovery,” he added.

Ahmed said the UAE did not need the IMF’s financial assistance to help it deal with Dubai World’s problems.

“The UAE has a lot of resources, and the sovereign wealth fund is one of those sources,” he said, “Exactly how they use their different financial assets to deal with the current problem is something I’m sure they’re working out.”

Asked whether the IMF should have spotted trouble brewing at Dubai World, Ahmed said the Fund had long identified the asset price bubble in the UAE and warned of its impact on corporations involved in the development of real estate and associated affiliates, as well as on the banking sector.

“As to whether the IMF can and should be able to get inside a particular company to be able to look at its finances? That is removed from the role of the IMF, and it is harder in the case of companies such as this,” he said.

Siemens settles case with von Pierer – sources

Siemens AG has struck a deal with former Chairman Heinrich von Pierer on payments for part of costs of a corruption case, paving the way for an amicable ending to the biggest bribery scandal in the country.

Two sources familiar with the matter told reporters on Tuesday that Siemens has agreed to reduce the amount von Pierer would pay as compensation for damages which the world’s largest maker of industrial automation equipment had suffered as a result of the corruption case.

Two sources said Siemens had agreed in principle to reduce its demand from von Pierer to more than €4m from the original €6m.

Von Pierer was not accused of crimes and he denied any wrongdoing.

Siemens had agreed in December to pay more than $1.3bn to settle corruption probes in the US and Germany, ending two years of controversy that rocked the German engineering conglomerate.

Analysts said failure to reach an agreement would have forced the company to take von Pierer – called “Mr Siemens” during his heyday – to court over the damages.

Siemens had said it had spent around €2.5bn on lawyers’ fees, settlements with US authorities and tax penalties.

It had said it wanted to claim damages from 11 former top managers, including von Pierer, for failing to stop illegal practices and bribery at the company.

“If it goes to court, the image of Siemens would be affected. You would have this string of bad stories,” said one analyst who did not want to be identified.

German daily Frankfurter Allgemeine Zeitung said in a statement ahead of its Wednesday edition that von Pierer would pay €5m in installments.

Former CEO Klaus Kleinfeld, now Chief Executive of Alcoa Inc, as well as former Siemens board members Johannes Feldmayer, Juergen Radomski and Uriel Sharef have also agreed to make payments to Siemens, the daily added, citing sources.

Kleinfeld is to pay €2m, it said.

The sources said Siemens’ supervisory board, which is due to meet tomorrow, would have to formally approve the agreement.

Von Pierer’s lawyer declined to comment, as did Siemens.

The deal the world needs

Writing in these pages last year, I set out the EU’s proposals for a radical package to shake up the EU energy market and make climate change a political priority. One year on, 27 Member States with widely differing agendas have voted those measures into law, but an arguably greater challenge awaits. The focus has shifted to the global stage, to the climate conference in Copenhagen this December.

To recap, the Kyoto Protocol expires at the end of 2012. Its aim is simple – to help avert climate change by curbing greenhouse gas emissions, bringing them down to five percent below their 1990 levels. Nearly 200 nations have signed up, with 37 developed nations taking on emissions-reduction goals. But as its date of expiry approaches, the science is ever clearer, and the urgency of reaching a new agreement ever more pressing. The time has come to learn the lessons of the past decade, and find formulas that marry the desires of the developed world to those of developing nations, whose emissions will soon outstrip our own.

It’s a difficult task. The deal we need must set effective reductions targets for developed countries beyond 2012, encourage developing countries to slow the growth in their emissions, and deliver credible funding mechanisms for adaptation and emission reductions in developing countries.

Our leadership will be key. The EU has set out its agenda, with ambitious proposals for new emission reduction targets. We are asking for efforts that respond to the scientific message of urgency, and calling on other developed countries to offer comparable reduction targets. 

In September we laid our funding proposals on the table, with a convincing offer of financial support for developing countries. That offer should be considered in conjunction with the overall ambition level of the Copenhagen agreement and in relation to specific contributions developing countries are offering themselves.

The scale of finance developing countries need to address climate change suggests that no single channel or fund will suffice. Part of the challenge before Copenhagen will be to show how different channels and institutions can provide the necessary resources, with checks and balances to ensure their effective, efficient and legitimate use.

Domestic achievements for the global stage
The EU is firmly committed to limiting the average global temperature increase to less than 2°C compared to pre-industrial levels. A more significant temperature increase would mean food and water scarcity, more severe weather events, and a significantly higher threat to unique ecosystems. The 4th IPCC Assessment report indicates that reaching this target will require emissions reductions for developed countries in the range of 25-40 percent by 2020 and 80-95 percent by 2050.

Our credibility as negotiators is greatly enhanced by the fact that we have in place measures that set us on the right track. EU Member States have agreed to reduce emissions by 20 percent from 1990 levels by 2020, and by 30 percent if a comprehensive international agreement emerges from Copenhagen, with other developed countries committing to similar reductions. All sectors of the economy are expected to contribute.

And our longer term path is clear, with targets and rules for the EU ETS beyond 2012. The EU-wide cap is set for 2020 and beyond, with a linear reduction factor ensuring that ETS emissions will be 71 percent below 1990 levels by 2050. Allocation of allowances is to be fully harmonised across the EU, with auctioning being the normal method of allocation. The list of carbon leakage sectors that will receive special treatment will be agreed before the end of this year, and will be revisited post Copenhagen. Work also continues on benchmarks and the auctioning regulation.

Some ETS implementation issues remain. EU transport emissions continue to rise, in both relative and absolute terms. Greenhouse gas emissions from international air transport are increasing faster than from any other sector in the EU, and this growth threatens to undermine our overall progress in cutting emissions. But last year’s decision to include aviation in the ETS should go some way to remedying this.

Starting in 2012, aircraft emissions will be capped at 97 percent of their average 2004-2006 level, decreasing to 95 percent from 2013. Airlines will receive up to 85 percent of their emission allowances for free. Exemptions for air operators with very low traffic levels or with low annual emissions will apply to some of the smallest companies, with no significant effect on the emissions covered by the EU ETS.  The inclusion of aviation in the EU ETS could serve as a model for other countries considering similar national or regional schemes, and these could link to the EU scheme over time, enabling the EU ETS to form the basis for wider, global action.

Shipping must also contribute to reductions. According to the International Maritime Organisation, the potential for cutting CO2 emissions in the industry is significant, and this can even be done at negative cost. But more incentives are needed, so the International Maritime Organisation is considering proposals to expose shipping to the prevailing carbon price, ensuring that the costs imposed on the sector would be no more and no less than those faced by any other sector. Measures need to be agreed and applied to the major segments of the industry as soon as possible. If the IMO fails to deliver, the commission has a mandate to act in its place, and will propose including international maritime emissions in the community reduction commitment, with a view to having legislation in force by 2013.

Towards a global carbon market
At no time in the history of the world have economies been more intertwined. We need to take advantage of this inescapable fact if we are to tackle a problem like global warming. A truly global carbon market will do that, giving all nations an economic interest in battling climate change. 

Kyoto mechanisms like international offsets and credits are the first steps on the road to a global carbon market, but major improvements are required. This is why the EU is going to Copenhagen with proposals to improve the functioning of the Clean Development Mechanism. In place of the current project-based approach, the EU is campaigning for a shift towards sectoral crediting for advanced developing countries, opening the way to a gradual transition to cap-and-trade.

Success will depend on ambitious technical benchmarks in any given sector, and a high level of environmental ambition. When a country demonstrates that performance in a given sector (power, or steel for example) exceeds the benchmark, credits are earned. The mechanism should initially concentrate on economic activities that are subject to global competition, and it will need to address concerns about carbon leakage and competitiveness. But the environmental advantages are clear, and the mechanism should be less cumbersome than the current CDM arrangements.

But the most ambitious step of all would be a clear linking of the EU ETS with other mandatory and compatible cap-and-trade systems. The EU ETS and the future US cap-and-trade system – integrated into a transatlantic carbon market – could form the twin engines we need to drive an OECD-wide carbon market by 2015, and a global one by 2020. The progress on domestic legislation in the US is an essential step in this regard, and I am encouraged by congressional timetables for getting draft legislation to a floor vote in the coming months.

Kyoto has always suffered from the US failure to ratify the agreement. A transatlantic carbon market, by contrast, could reap enormous rewards, bringing global credibility, sending powerful signals, and driving down emissions in some of the world’s most visible economies.

Copenhagen will be a challenge, on numerous fronts, but we are on the right path. We must use the coming months to consolidate proposals and lay the foundations for an agreement that is acceptable to all. Keeping the big picture in mind all the while: the future depends on holding global warming to the manageable level of 2°C.

Walked in line: How JP lost and found its roots

It’s amazing what a difference a couple of dots can make to a bank’s image. As today’s post-meltdown banks rush to remind nervous clients of their stability, one of the global banking giants has gone back to its heritage to do so. Having taken a long look at what customers really want in a bank, JPMorgan Chase & Co has put the punctuation back into its investment arm. Thus we now have J.P. Morgan & Co, complete with the dots it started with nearly 150 years ago. It took a meltdown to make the parent company truly appreciate the importance of its history. It’s been a long journey for the bank built by the great Junius Pierpont Morgan and his son, John Pierpont.

In the 1860s, American Junius S. Morgan started it all off by taking control of the London-based banking house of one George Peabody, and renaming it JS Morgan & Co.

In 1871 his son, the legendary Junius Pierpont, joined up with Philadelphia banker Anthony J. Drexel to establish in New York Drexel, Morgan & Co, mainly as a branch office for the the London business.

In 1895 Junius took complete control of the naming rights and the shingle of J.P. Morgan & Co went up on Wall Street for the first time. The bank’s reputation was sky-high after “J.P.” saved the US gold standard in 1894. For most Americans, the bank was already simply the House of Morgan or sometimes just plain Morgan.

After Junius died in 1913, son Jack Pierpont became senior partner. Since his initials were also J.P., there was no need to change the shingle. For the next 20 years the House of Morgan was the pre-eminent global raiser of sovereign loans, probably the greatest banking house in the world.
In 1935, in the wake of the Glass-Steagall Act that forced banks to split investment and commercial businesses, J.P.Morgan & Co set up the investment bank of Morgan Stanley (no punctuation at all) with J.P. Jnr’s son, Henry S, at the helm.

In 1959 the parent company shed its historic dots for the first time when it merged with Guaranty Trust to regain market share and became Morgan Guaranty.

Nearly 30 years later, in 1988, the institution briefly returned to its roots as J.P. Morgan and Co. Within a few years it was one of the top operators in the business of investment banking, where Junius had first made his name. Soon, however, the logo got “modernised” to JP Morgan.

In late 2000, its heritage was further submerged into JPMorgan Chase & Co after the bank was acquired by Chase Manhattan for $30.9bn.

And now it’s come full circle as J.P. Morgan & Co, Chase’s major investment bank. Old Junius would be pleased.

Intelligent communities

The EU needs new rules for internet downloads that would make it easier for people to access music and films without resorting to piracy, the bloc’s telecoms chief said recently.

Mapping out the priorities for the EU’s executive arm over the next five years, EU Telecommunications Commissioner Viviane Reding said it should consider new laws that would reconcile the interests of intellectual property owners and Internet surfers.

“It will therefore be my key priority to work on a simple, consumer friendly legal framework for accessing digital content in Europe’s single market, while ensuring, at the same time, fair remuneration (for) creators,” she told a seminar.

Current laws are ill-devised, she said, because they appear to force people, especially the young generation, to become internet pirates, or download content illegally. At the minute, this can only be combated by expert telecommunication support.

“Internet piracy appears to become more and more sexy, in particular for the ‘digital natives’,” she said, quoting a survey that showed that 60 percent of people aged 16-24 had downloaded audiovisual content over the past months without paying.

“Growing internet piracy is a vote of no-confidence in existing business models and legal solutions. It should be a wake-up call for policy makers,” she told the seminar, organised by the Lisbon Council think-tank.

Reding is expected to seek the telecoms portfolio again when the five-year term of the current commission ends in late 2009.

She said her other priority was to speed up the digitalisation of books, with 90 percent of books in European libraries no longer commercially available.

The commission should also seek to encourage payments with the use of mobile telephones by proposing common rules for them.

“The lack of common EU-wide standards and rules for ‘m-cash’ leaves the great potential of ‘m-commerce’ and the mobile web unexploited,” she said.

The commission will work to popularise video-conferencing to cut the number of business trips, which would lower emissions of gases responsible for global warming.

“If businesses in Europe were to replace only 20 percent of all business trips with video conferencing, we could save more than 22 million tonnes of C02 per year,” she said.

She also urged EU countries to accelerate the switchover from analogue to digital television to free up airwaves for other applications such as mobile broadband.

“I call on EU governments not to wait until 2012, the deadline for the switchover. They should bring these benefits to citizens now.”

Repressive ends

Reconciling global economic growth, especially in developing countries, with the intensifying constraints on global supplies of energy, food, land, and water is the great question of our time. Commodity prices are soaring worldwide, not only for hea

dline items like food and energy, but for metals, arable land, fresh water, and other crucial inputs to growth, because increased demand is pushing up against limited global supplies. Worldwide economic growth is already slowing under the pressures of €85-per-barrel oil and grain prices that have more than doubled in the past year.

A new global growth strategy is needed to maintain global economic progress. The basic issue is that the world economy is now so large that it is hitting against limits never before experienced.  There are 6.7 billion people, and the population continues to rise by around 75 million per year, notably in the world’s poorest countries. Annual output per person, adjusted for price levels in different parts of the world, averages around €6,000, implying total output of around €42trn.

The trade cavern
There is, of course, an enormous gap between rich countries, at roughly €25,000 per person, and the poorest, at €634 per person or less. But many poor countries, most famously China and India, have achieved extraordinary economic growth in recent years by harnessing cutting-edge technologies. As a result, the world economy has been growing at around five percent per year in recent years. At that rate, the world economy would double in size in 14 years. 

This is possible, however, only if the key growth inputs remain in ample supply, and if human-made climate change is counteracted. If the supply of vital inputs is constrained or the climate destabilised, prices will rise sharply, industrial production and consumer spending will fall, and world economic growth will slow, perhaps sharply.

Many free-market ideologues ridicule the idea that natural resource constraints will now cause a significant slowdown in global growth. They say that fears of “running out of resources,” notably food and energy, have been with us for 200 years, and we never succumbed. Indeed, output has continued to rise much faster than population.

This view has some truth. Better technologies have allowed the world economy to continue to grow despite tough resource constraints in the past. But simplistic free-market optimism is misplaced for at least four reasons.

Tightening the belt
First, history has already shown how resource constraints can hinder global economic growth. After the upward jump in energy prices in 1973, annual global growth fell from roughly five percent between 1960 and 1973 to around three percent between 1973 and 1989.

Second, the world economy is vastly larger than in the past, so that demand for key commodities and energy inputs is also vastly larger.

Third, we have already used up many of the low-cost options that were once available. Low-cost oil is rapidly being depleted. The same is true for ground water. Land is also increasingly scarce.

Finally, our past technological triumphs did not actually conserve natural resources, but instead enabled humanity to mine and use these resources at a lower overall cost, thereby hastening their depletion.

Looking ahead, the world economy will need to introduce alternative technologies that conserve energy, water, and land, or that enable us to use new forms of renewable energy (such as solar and wind power) at much lower cost than today. Many such technologies exist, and even better technologies can be developed. One key problem is that the alternative technologies are often more expensive than the resource-depleting technologies now in use. 

For example, farmers around the world could reduce their water use dramatically by switching from conventional irrigation to drip irrigation, which uses a series of tubes to deliver water directly to each plant while preserving or raising crop yields. Yet the investment in drip irrigation is generally more expensive than less-efficient irrigation methods. Poor farmers may lack the capital to invest in it, or may lack the incentive to do so if water is taken directly from publicly available sources or if the government is subsidising its use.

Similar examples abound. With greater investments, it will be possible to raise farm yields, lower energy use to heat and cool buildings, achieve greater fuel efficiency for cars, and more. With new investments in research and development, still further improvements in technologies can be achieved. Yet investments in new resource-saving technologies are not being made at a sufficient scale, because market signals don’t give the right incentives, and because governments are not yet cooperating adequately to develop and spread their use.

If we continue on our current course – leaving fate to the markets, and leaving governments to compete with each other over scarce oil and food – global growth will slow under the pressures of resource constraints. But if the world cooperates on the research, development, demonstration, and diffusion of resource-saving technologies and renewable energy sources, we will be able to continue to achieve rapid economic progress. 

A good place to start would be the climate-change negotiations, now underway. The rich world should commit to financing a massive program of technology development – renewable energy, fuel-efficient cars, and green buildings – and to a program of technology transfer to developing countries. Such a commitment would also give crucial confidence to poor countries that climate-change control will not become a barrier to long-term economic development.  

© Project Syndicate, 2009. www.project-syndicate.org

Leading family firms

In order to extend their legacy of success to future generations, leaders must devise a strategic plan, not only for driving business growth, but also for effectively managing the intricate and constantly-evolving personal relationships that define

their company, and indeed their lives.

The Stanford Graduate School of Business Office of Executive Education is launching a new program entitled Leading Family Firms, that seeks to provide leaders of independent firms with the skills they need to rise to the challenges posed by the modern business environment. In essence the course explains how to manage future growth while overcoming the challenges and conflicts that threaten the legacy of their firms. In doing so, participants learn to apply a higher level of strategic thinking to all of the obstacles that they must overcome in turning a currently successful family firm into a future global business champion.

Challenges
The main objective of any business is to grow, but there are many considerations that a leader must face in order to achieve this.

One of the initial and principal challenges that faces a family business is the organisational structure of the company. It is imperative that the business has in place the correct management team, one that is well-equipped to drive the company forward and in the correct direction. Furthermore, from the outset, the leader of a family business must take a long-term view, and the key consideration in this is succession planning. A strong management team can provide the cornerstone when the time comes to begin thinking about a change in ownership.

Professor Hayagreeva Rao is a Director of Stanford’s Centre for Leadership Development and Research, and one of the new program’s instructors. “From the beginnings of the company’s life, certain structures and systems need to be in place in order to help nurture family talent. Education is a key attribute, as potential future business leaders need to be equipped with the right skills to manage a business,” he says.

“In addition to this, it is vital that family members learn the ‘nuts and bolts’ of the company, so that they understand every aspect and every component of the business,” says Professor Rao. In this way it is vital that the family puts in place adequate provisions to ensure the development of potential successors, as this will also ensure the continued development of the business itself.

Another key challenge, inextricably linked to the growth of a business, is that of innovation. Here, a methodical approach needs to be adopted. There is a strong call for a clear strategy when it comes to product development, as substantial time and resources can easily be spent producing a limited discernible outcome.

“A growing business is in many ways similar to a venture capital firm,” says Professor Rao, “as it is an environment where new ideas and products are fostered. When it comes to product innovation, products that are in the pipeline need to be tested internally, using the venture capital model. Testing of products needs to be undertaken over different stages of development, with capital only applied to the product once it has successfully completed each round of testing.”

And when it comes to raising capital, the leader of a family business also needs to be prepared. “Raising funds can be a tricky period for the family business, whether it involves assuming debt, a venture capital investment or a listing on the public markets,” says Professor Rao.

Different leaders have different attitudes towards risk, so loan funding may not always be attractive, whereas the loss of control of a large proportion of their business may deter many from taking on venture funding. And the prospect of an IPO may instil fears of a loss of family identity.

“Raising capital is very much a question of psychology and finance,” says Professor Rao, “and it is important to maintain a balance between family and business; it is vital that neither the business nor the family position is weakened at the expense of the other.”

Sometimes this requires innovative solutions. “I know of one Dallas-based media firm that split into two distinct parts; one part was kept under family ownership, and the other was made public. It is vital to consider what is best for each individual business, and no two firms are the same.”

Globalisation also poses considerable challenges. On the one hand, often the leader of a family business relishes the prospect of expanding his firm – of establishing a global footprint. On the other hand, however, in doing so he faces the real possibility of diluting the family’s identity, and this is an emotional decision to take.

Furthermore, the question of where to globalise is critical, and to what extent. “It is really a question of scaling,” says Professor Rao, “if the business over-scales it is liable to over-stretch itself and weaken, but if it doesn’t stretch far enough there is the threat that someone else will take advantage of your shortfalls.”

To address these challenges the program closely examines case studies of companies that have globalised successfully, as well as those that have failed. It also offers the opportunity to meet the leaders of these companies.

“Smart companies make change look very simple,” says Professor Rao, “and they keep globalisation simple.”

Who should apply?
The program is aimed at companies meeting three criteria; those in which members of one family are significant shareholders, those in which at least one family member is active in top management or the board, and those that have substantial assets and/or widely distributed operations.

Application to the program is open to family members involved in any aspect of the firm, including board members, top executives, future company leaders, significant shareholders, family foundation managers, and spouses of key decision makers. Furthermore, senior executives and board members from outside the family who actively participate in the business are also invited to apply.

Participants of the program have diverse backgrounds; representing a wide array of businesses across many sectors, and originating from many global locations. In this way program participants are able to bring to the forum the various issues that affect businesses the world over. Participants are invited to use the program as a ‘mirror and a window’; the mirror enables them to observe themselves and the way they run their business, and the window enables them to look out at other people and see their issues and solutions.

During the four-month break between classroom modules, participants take part in a unique experience that challenges them to put their newly acquired knowledge into action. Based on their learnings during the first module, participants work with program faculty to design a structured leadership project to implement during the break. In addition to discussing status reports with program faculty, participants share their experiences and solicit feedback from fellow participants along the way, bridging the gap between classroom theory and practical application.

Is it for you?
This is a program that challenges the leaders of family firms to confront the often latent tensions underlying the inevitable decisions that lay ahead, whether they involve strategic direction, family control, outsider involvement, tradition versus change, succession planning, or philanthropy. By taking part in an innovative curriculum that includes an intensive personal leadership project, participants learn to apply a higher level of strategic thinking to all of the obstacles that they must overcome in turning a currently successful family firm into a future global business champion. n

For further information www.leadingfamilyfirms.com