What started as a trade dispute ended up being so intertwined with politics. Small businesses that did not have lobbying power in Washington D.C. ended up being the victims of the tariff retaliation permitted by the WTO on products imported from Europe into the U.S. If one was a large feta cheese or olive oil importer, they had industry groups and lobbyists working on their behalf to prevent these products from Europe from being slapped with a large tariff increase. The whole deal caused many small businesses in the U.S. to go out of business.
A citizen is subject to the state’s laws even outside the country’s borders. Nations can and do abridge specific aspects of their sovereign rights to coexist with other nations. The European Union and NAFTA are examples of agreements between nations to give up their sovereignty for free trade and other common benefits. Some countries view the WTO as a threat to sovereignty, the fear of relinquishing their nation’s rights for a common goal that might not benefit them or might be detrimental to their goals. Foreign investment is also viewed as a threat to sovereignty. For example, it took many years after NAFTA was passed for the Mexican government to allow foreign companies to invest in the energy and banking sectors, which were government-controlled monopolies until then.
For foreign firms, the ideal situation is a stable government in the country they are operating in. Unfortunately, this is not always the case. A change in government, whether by election or coup, does not always mean a change in the level of political risk. Conversely, radical changes in policies toward foreign business can occur in the most stable governments as well (Coke in India is an example). The political changes in Mexico in 2000, a change after many years of the PRI party to the PAN party, helped open up the Mexican market to foreign investment and a more liberal government trade policy. The newly elected President of Mexico in 2012, Enrique Peña Nieto, is planning a major upgrade of the 1994 U.S.-Canada-Mexico free trade deal. That is, he wants NAFTA to expand just beyond the current three-country deal if this region is to compete effectively with China and its neighboring countries. He is also proposing greater collaboration with the United States.
Streets full of people in the capital city after the Haiti Earthquakes in 2010.
Instability can be caused for various reasons, and some governments are inherently unstable. An example would be where there are too many political parties that a coalition government has to be formed and is weak and therefore can be ousted by opposition parties. India and Italy are prime examples of coalition governments that have been unstable. When Lucent Technologies sold cellular phones for the first time in India many years ago, they had a huge sale of cell phones that resulted in millions of dollars. However, within six months of this, the Indian government changed and the new political party in power imposed a special tax on all cell phone owners, and this resulted in many giving up their cell phones. The current government in India has a liberal policy on cell phones and therefore there is once again a large penetration of cell phones in the country at all economic and social class levels. Being very nationalistic can be a reason for instability, and having historical feelings of dislike toward certain countries can lead to specific policies. And, as described at the beginning of the chapter, trade disputes such as the banana wars can lead to specific policies as well.
The form of government greatly dictates the extent of government interference in business activities. Most governments in the world are democracies that allow participation of the country’s citizens in electing their leaders. There are a few communist governments in existence, China and Vietnam being prime examples, where the rules and regulations for foreign companies can be determined/changed by the government at will in order to benefit that country and its industries. Russia on the other hand moved to a democracy after the break-up of the former USSR, but continues to struggle with the change––corruption is pervasive particularly for foreign investors, and the Russian government is aware of the problem. The other form of government would be countries where religious leaders and religion dictates government, such as the Sharia law the prevails in Islamic countries. Even though political parties are allowed to exist, they have very little power.
The CIA has classified countries based on government type as illustrated in Exhibit 6.1.
In Great Britain, for example, the Labour Party traditionally has been more restrictive regarding foreign trade than the Conservative Party. The Labour Party, when in control, has limited imports, whereas the Conservative Party has tended to liberalize foreign trade when it is in power. Portraits of Ayatollah Ali Khamenei (the Supreme Leader) and the late Ayatollah Ruhollah Khomeini loom over Iranian women lined up to vote at a mosque south of Tehran. As mandated by law, women and men waited in separate lines at polling places with more than one ballot box. The current government also specifies the public dress of the women pictured.
Streets full of people in the capital city after the Haiti Earthquakes in 2010.
Nationalism is an awakening of a nation’s people to pride in their country. This pride can lead to anti-foreign-business sentiment in the nation. Feelings of nationalism can be manifested in a variety of ways such as the reaction of the American people and businesses toward Muslim nations following 9/11. War or recession can create feelings of nationalism as well. Other ways that nationalism can manifest itself is in trade policies such as restrictions on imports from certain countries (imposition of tariffs on shrimp imports from Vietnam, Thailand, and India in 2005 to project U.S. shrimp farmers in the Gulf region), restrictive tariffs (such as the one France imposed on South American bananas), and other barriers such as specific product standards or health standards that only the country’s industries are able to comply with.
Exchange Controls: This happens when there is a shortage of foreign exchange in the country and the government restricts the spending in foreign currency. This may result in the imposition of differential exchange rates for different products entering the country.
Local-Content Laws: All countries and regions may have local-content laws. For example, NAFTA has a 62.5% local-content requirement for cars originating from the NAFTA region, and the EU has a 45% local-content requirement that forces companies to use local components.
Import Restrictions: Countries may impose import restrictions to protect local farmers or industries, but this may be detrimental to the local economy if it interrupts production in certain industries.
Tax Controls: Taxes that are imposed on foreign companies but not on domestic companies cause their products to be more expensive in the country because costs are passed on to the consumer.
Price Controls: Countries can impose price controls on foreign companies selling essential products such as food or gasoline, especially during inflationary periods.
Labor Problems: Unionism and labor laws are different in different countries and there are especially strict rules for laying off employees by foreign companies. China’s new labor laws have been revamped and require foreign companies to provide a lot more benefits as well as lifelong employment after a certain number of years of service.
Exchange Controls: This happens when there is a shortage of foreign exchange in the country and the government restricts the spending in foreign currency. This may result in the imposition of differential exchange rates for different products entering the country.
Local-Content Laws: All countries and regions may have local-content laws. For example, NAFTA has a 62.5% local-content requirement for cars originating from the NAFTA region, and the EU has a 45% local-content requirement that forces companies to use local components.
Import Restrictions: Countries may impose import restrictions to protect local farmers or industries, but this may be detrimental to the local economy if it interrupts production in certain industries.
Tax Controls: Taxes that are imposed on foreign companies but not on domestic companies cause their products to be more expensive in the country because costs are passed on to the consumer.
Price Controls: Countries can impose price controls on foreign companies selling essential products such as food or gasoline, especially during inflationary periods.
Labor Problems: Unionism and labor laws are different in different countries and there are especially strict rules for laying off employees by foreign companies. China’s new labor laws have been revamped and require foreign companies to provide a lot more benefits as well as lifelong employment after a certain number of years of service.
Although not usually officially sanctioned by the government, the impact of political and social activists (PSAs) can also interrupt the normal flow of trade. PSAs can range from those who seek to bring about peaceful change to those who resort to violence and terrorism to effect change.
French farmers like to throw their food. Here they tossed tomatoes and such at McDonald’s; they’ve also lobbed lamb chops at their own trade ministers and herded their sheep into the Louvre Museum.
The activists protested to draw the attention of the government to chemical waste and demanded the cleanup of hazardous waste in the area. The leak from the Union Carbide pesticide plant in 1984 was one of the world’s worst industrial accidents, killing 3,000 people and leaving thousands of others with lifetime illnesses.
September 11, 2001 and the attack on the twin towers had numerous consequences, including increasing security measures and the creation of Homeland Security, that increased the cost of doing business both domestically and internationally. When there is violence and war, as witnessed post-September 11th, the target of the violence is usually U.S. businesses, as evidenced by companies like McDonald’s and Pizza Hut.
As many as 12 people were killed in the associated clashes. Of course, this destruction will do great damage to commerce and progress to all the countries in Eastern Africa, including the World Economic Forum in Davos, Switzerland. Let’s hope the highway and international airport south of Nairobi stay intact, as they supply all of Europe with flowers from the burgeoning greenhouses in the area, and flower exports are a key source of revenue for the formerly thriving Kenyan economy.
Steven Pinker, in his book The Better Angels of Our Nature, made the most detailed argument about the current state of peace on the planet by providing strong evidence for the steady decline of violence among humankind over the millennia. The reasons for this wonderful decline are listed here.
Because of mounting concern over the rash of attacks, business leaders and government officials addressed a Group of 8 conference convened to discuss cybercrime, expressing the urgent need for cooperation among governments, industry, and users to combat the growing menace of cybercrime.
Firms either marketing products not considered high priority or that fall from favor for some other reason often face unpredictable government restrictions. India’s example with Lucent Technologies and cellular phone sales followed by a tax imposition by the Indian government on cell phone users, leading to cell phone users giving up their cell phones, is a prime example. What Lucent thought was a sale did not turn out to be very profitable because of all the lost customers due to the new tax.
Ban on hormone-treated beef in Europe. Closing of a KFC restaurant in India because of the spotting of “two flies.” (This was mainly because KFC did not enter the country by building a good relationship with the Indian government and their commercials unknowingly mocked the poverty in the country.)
JOINT VENTURES: Typically less susceptible to political harassment, joint ventures can be with locals or other third-country multinational companies; in both cases, a company’s financial exposure is limited. A joint venture with locals helps minimize anti-MNC feelings, and a joint venture with another MNC adds the additional bargaining power of a third country.
EXPANDING THE INVESTMENT BASE: Including several investors and banks in financing an investment in the host country is another strategy. This approach has the advantage of engaging the power of the banks whenever any kind of government takeover or harassment is threatened. This strategy becomes especially powerful if the banks have made loans to the host country; if the government threatens expropriation or other types of takeover, the financing bank has substantial power with the government.
LICENSING/FRANCHISING: A strategy that some firms find eliminates almost all risks is to license technology for a fee. Licensing can be effective in situations in which the technology is unique and the risk is high. Of course, there is some risk assumed, because the licensee can refuse to pay the required fees while continuing to use the technology.
PLANNED DOMESTICATION: In those cases in which a host country is demanding local participation, the most effective long-range solution is planned phasing out, that is, planned domestication. This method is not the preferred business practice, but the alternative of government-initiated domestication can be as disastrous as confiscation. As a reasonable response to the potential of domestication, planned domestication can be profitable and operationally expedient for the foreign investor. Planned domestication is, in essence, a gradual process of participating with nationals in all phases of company operations.
POLITICAL BARGAINING: Multinational companies clearly engage in lobbying and other sorts of political bargaining to avoid potential political risks. Mattel issued an extraordinary apology to China over the recall of Chinese-made toys, saying the items were defective because of Mattel’s design flaws rather than faulty manufacturing. In doing so, Mattel was (1) protecting the huge and all-important head of its value chain; (2) recognizing that it would be easier to fix its design and inspection routines than quickly affect manufacturing practices in China; and (3) uniquely for an American firm, publicly admitting its own very real culpability. On the other side
of the Pacific, Toyota once considered raising prices of its cars in the American market to “help” its ailing American competitors. The Japanese government has set quotas on auto exports in the past as American car companies have struggled. And in the face of growing American and European criticism, China has agreed to put quotas on its exports of textiles and to float its currency. Now the question remains, when? Finally, a cynical way to look at the motivation behind corporate social responsibility in general is its use as a bargaining chip with foreign publics and governments.
POLITICAL PAYOFFS: One approach to dealing with political vulnerability is the political payoff—an attempt to lessen political risks by paying those in power to intervene on behalf of the multinational company. This choice is not an approach we recommend in any way. However, your competitors may use such a tactic, so beware. Political payoffs, or bribery, have been used to lessen the negative effects of a variety of problems. Paying heads of state to avoid confiscatory taxes or expulsion, paying fees to agents to ensure the acceptance of sales contracts, and providing monetary encouragement to an assortment of people whose actions can affect the effectiveness of a company’s programs are decisions that frequently confront multinational managers and raise ethical questions.
POLITICAL AND ECONOMIC AID IN ACTION, WHERE EVERYBODY WINS: The Japanese government has paid for the construction of a new highway that connects key safari tourism areas in Tanzania. Foreign tourism becomes more efficient, comfortable, and profitable for the Tanzanian company (and others) pictured—Kibo is one of the best in the country. The Japanese designers, consultants, and contractors involved make money on the work. And the road ultimately pays for itself in the form of lower warranty expenses on the armada of Toyota Land Cruisers that regularly ply the path between the Makyuni and Ngorongoro animal preserves.
Governments can both encourage and discourage foreign investment. The difference lies in the evaluation of a company’s contribution to the nation’s interest. The most important reason to encourage foreign investment is to accelerate the development of an economy.