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The Development Channel highlights big debates, promising approaches, and new research and thinkers addressing opportunity and exclusion in the global economy.

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Mossack Fonseca law firm sign is pictured in Panama City, April 4, 2016.
Mossack Fonseca law firm sign is pictured in Panama City, April 4, 2016. Carlos Jasso/Reuters

Corruption Brief Series: How Anonymous Shell Companies Finance Insurgents, Criminals, and Dictators

The latest paper in the Corruption Brief series from the Civil Society, Markets, and Democracy program at the Council on Foreign Relations was published this month. In the brief, Dr. Jodi Vittori, senior policy advisor at Global Witness, addresses the myriad problems posed by anonymous shell companies – corporate entities with few or no employees and no substantive business, which offer a convenient way to privately move money through the international financial system.

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Cuba
This Week in Markets and Democracy: Brazil’s Crisis Snowballs, Deferred Corruption Prosecutions, U.S. Bets on Cuba
Brazil’s Corruption Crisis Snowballs Brazil’s corruption investigations expanded to encompass the former and current president. Federal police detained and questioned former President Luíz Inácio Lula da Silva (“Lula”) over whether he personally benefited from the Petrobras bribery scheme. São Paulo state prosecutors then separately filed to arrest him on money-laundering charges. In a plea bargain, Senator Delcídio do Amaral claimed current President Dilma Rousseff knew about Petrobras bid-rigging and tried to stop the criminal probe. Abroad, Argentine prosecutors are investigating if their own officials received kickbacks, and my colleague Matt Taylor predicts the U.S. Department of Justice (DOJ) and Securities and Exchange Commission (SEC) could bring FCPA charges against Petrobras. And in what most perceive as a cynical move to defy justice, Lula joined Rousseff’s cabinet as chief of staff, removing him from the jurisdiction of both state and federal courts (only the Supreme Court can now try his case). As millions take to the streets in outrage, the political consequences may come more quickly than the legal ones. OECD Touts Record, but Defers Prosecutions The Organisation for Economic Co-operation and Development (OECD) touted its stepped-up anticorruption efforts against companies paying bribes abroad. Still, few executives or employees face jail time for their misdeeds. Most signed deferred prosecution agreements—paying fines and promising to change their practices in exchange for delayed charges or closing the case altogether. Sixty-nine percent of international corporate bribery cases over the last ten years ended with these agreements, as did seventy of eighty-four Foreign Corrupt Practices Act (FCPA) cases the U.S. Department of Justice (DOJ) settled between 2004 and 2012. While prosecutors favor this cheaper and more certain path, it does little to change companies’ fundamental calculus. The largest FCPA fine ever yielded—$800 million in the Siemens case—was a fraction of a percent of the company’s revenue that year. The DOJ seems to agree. It announced it will turn its focus to prosecuting individuals, not just fining their employers. United States Bets on Cuba The Obama administration eased Cuban trade and travel restrictions in the lead up to the president’s historic visit. Cuban citizens will now be able to open U.S. bank accounts, conduct business in U.S. dollars, and earn salaries from U.S. companies. And U.S. tourists can visit Cuba on their own, apart from larger groups. But the Castro regime has yet to reciprocate, politically or economically. A year after releasing fifty-three political prisoners, the Cuban government arbitrarily detained nearly 1,500 people in January alone, and it continues to limit media access and prohibit human rights monitors. Economically, little has changed with Cuba’s state monopolies and controlled markets. Still, the U.S. changes are part of a bigger bet: that ending Cuban isolation and encouraging economic and cultural interactions will bring political change, whatever the plans of the Castro brothers.
Americas
This Week in Markets and Democracy: Nike’s Bribes in Kenya, Elections in Benin and Niger, and Women’s Anticorruption Role
Nike Bribes, Will the United States Prosecute? Bank records and emails show Nike paid a $500,000 “commitment bonus” to Kenya’s athletics federation, and hundreds of thousands more in “honoraria.” Though allegedly to support poor runners, Kenyan prosecutors say athletics officials quickly transferred the money to their personal bank accounts. Yet the United States cannot use the Foreign Corrupt Practices Act (FCPA) against the mega brand. The law only covers U.S. companies that bribe “foreign officials” and “public international organizations.” Sports associations are private, so outside the FCPA’s jurisdiction. In taking on FIFA, the U.S. Department of Justice (DOJ) worked around the FCPA, indicting foreign and U.S. officials for laundering money through U.S. banks, not bribery. The United States may need to do the same in the Nike case if it wants to follow up on President Obama’s pointed criticisms of Kenyan corruption with legal actions. Benin’s and Niger’s Democratic Paths Diverge Presidential elections highlight diverging political paths between the neighboring West African nations. After a free and fair first-round vote, Benin heads into a runoff between Prime Minister Lionel Zinsou and prominent businessman Patrice Talon. Abiding by his two-term limit, President Thomas Boni Yayi’s administration looks to make the fourth peaceful handover in twenty-five years after Sunday’s contest. In contrast, Niger’s presidential campaign saw opposition supporters detained, the leading opposition candidate jailed, and even a coup attempted. With the opposition now boycotting the March 20 runoff over alleged fraud, President Mahamadou Issoufou will likely get a second term. These elections reflect broader political trends. Benin is one of only six sub-Saharan African countries that Freedom House ranks as “free,” with high scores for political pluralism, freedom of expression, and civil society rights. Niger ranks just “partly free”—alongside Nigeria, Mali, and Burkina Faso—with the government banning public demonstrations and having yet to peacefully hand over power. The recent electoral results widen the divide, with Benin solidifying its status as one of West Africa’s most stable democracies while Niger risks backsliding. Women’s Role in Anticorruption Efforts In honor of International Women’s Day, these reads investigate how gender plays into anticorruption efforts globally: The Committee to Protect Journalists (CPJ) recognizes nine female journalists jailed for their work, including Khadija Ismayilova, who unmasked the corruption of Azerbaijan’s ruling elite. Americas Quarterly profiles Thelma Aldana, Guatemala’s attorney general who led the corruption investigation that brought down the country’s president. CFR’s Asia Unbound blog explains why women are largely missing from China’s ongoing corruption campaign. Finally, Transparency International looks at the links between gender inequality and corruption, arguing that countries making progress on women’s empowerment are likely to experience lower corruption levels over time.
China
Cleaning Up Global Supply Chains
The UK’s Modern Slavery Act now requires companies to report efforts to prevent human trafficking and slavery in the making of every part and every process of production, from headquarters down to individual suppliers along production chains. In the United States, the Dodd Frank Act’s disclosure rules for conflict minerals hold mining and technology companies to similar standards. But surveys and reports show companies still fail to monitor their suppliers, let alone prevent abuses. To comply with these laws, multinationals must investigate the origin of each chip, stitch, or mineral in its products, and workers’ treatment at each stage. Many do not for two reasons: Supply chains have become more geographically dispersed. Today products are mostly made across countries rather than within them. A Ford Fusion sold in a U.S. dealer’s lot counts parts from 234 suppliers in 32 countries. An iPhone brings together minerals from Mongolia and pieces manufactured in Korea and Taiwan before assembly in China. To follow their intricate production chains, companies must inspect labor practices on each factory floor, farm, or mine in every country, from raw materials to manufactured parts to fabrication. Subcontracting of subcontracting. Agreements between brands and suppliers can be just the start. After a factory signs a contract, they often subcontract to smaller firms that subcontract to even smaller ones. The demands of fast fashion in particular mean that suppliers routinely farm out large contracts to dozens of not just smaller factories, but also networks of sewers, finishers, and embroiderers working in their own homes. These workshops don’t have government permits and often lack basic sanitation, ventilation, and lighting. They demand long hours and deny paid maternity leave. One study of Bangladesh’s apparel industry found that out of 7,000 producers, about half are informal subcontractors. These realities make it difficult for corporations to monitor working conditions. Even well-known multinationals struggle. After long hours and low pay drove desperate Chinese iPhone makers to suicide, Apple started publishing yearly reports on labor rights in its factories. Four years later, these reports show worker conditions are still unsafe, and hours often exceed two to three times the legal limit. Nestlé grapples with child labor in Ivory Coast cocoa suppliers, even after adopting measures to address the problem. Some of Nestlé’s suppliers in Thailand use slaves to catch fishmeal that ends up in the brand’s pet food, and it buys coffee beans from plantations in Brazil that may rely on slave labor. Still, there are success stories. Intel now maps its entire electronics supply chain, tracing metals it buys in China and Russia to African smelters. Working with other electronics brands, Intel helps smelters in the Democratic Republic of Congo identify conflict-free sources, enabling them to support often poor tantalum miners without funding the nation’s violent militias. And for corporations looking to improve their practices, help exists. Outside auditors can map supply chains, identifying risks and violations. Many non-governmental organizations (NGOs) partner with companies to spread awareness and educate local governments on what counts as abuse and how workers can report cases so that the company can respond. Others design and deploy technologies, including text messaging and social media analysis, to help companies pinpoint labor violations. The UK and U.S. laws set important guidelines for today’s global factories, though the response so far shows these laws are just the first step. To be successful, legal norms need to proliferate, moving beyond industrialized nations to emerging economies where workers rights are often most tenuous. And they need to be internalized by companies, becoming a part of everyday practices and operations.
  • Americas
    Anticorruption Efforts in Mexico
    Corruption dominates Mexico’s headlines: helicopter rides for officials’ family members, housing deals from favored government contractors, the still unexplained disappearance of 43 students, and a drug lord escaping a maximum-security prison, for the second time. In a recent survey, Mexicans listed corruption as the country’s top problem, ahead of security and the economy. In absolute terms corruption eats away at Mexico’s growth. The think tank IMCO estimates the costs at $53 billion, or five percent of GDP. It increases the costs of doing business, with bribes for permits and government contracts tacking on up to ten percent according to Transparency International. And business owners face an uneven playing field—65 percent report that on at least one occasion a competitor offered a bribe or tapped personal relationships to win new business. By undercutting the market, corruption stifles excellence, deters investment, and hinders growth. Corruption also distorts public spending. Studies show corrupt public officials direct funds to projects more amenable to personal enrichment than those that offer the highest public returns. This means they overweight spending on (often shoddy) infrastructure and underfund education, health, and other human capital building services—the very skills needed for a twenty-first century economy and society. Lastly, corruption delegitimizes the state and undercuts democracy. The belief by two-thirds of Mexican citizens that their taxes line the pockets of officials fuels the informal sector and limits the collection of government revenue necessary to provide public services: education, healthcare, and basic safety. And it threatens Mexico’s democratic gains. When citizens know about corruption and nothing is done—as is the case in Mexico, where impunity reigns—voter turnout falls. The 2012 Pact for Mexico promised to combat the scourge. Yet while energy, finance, education, and telecommunication reforms moved forward, anticorruption efforts languished. Initial PRI proposals in the Senate did little to change the status quo, giving a new anticorruption body no autonomy or prosecutorial powers. The proposal that eventually reached the Chamber of Deputies failed to gain support from the PAN or PRD and was abandoned. In 2014, as Mexicans mourned the loss of 43 students in Guerrero and consumed pictures of the first lady’s $7 million dollar abode, owned by contractor Grupo Higa (a similar if smaller house purchased for the finance minister would appear four weeks later), the PAN sent its own anticorruption bill to Congress. Written in conjunction with civil society groups, it proposed a new National Anticorruption System, created a new Court of Administrative Justice, strengthened the Federal Superior Audit Office, and increased Congress’s role through appointment oversight for the new anticorruption officials. Supported by the three main political parties and a majority of states, the president signed the constitutional reform into law last spring. Lawmakers now need to hash out the details in secondary legislation by May. Civil society groups are pushing their own version of the implementing laws through a citizen-led Ley 3de3 initiative (allowed under the recent political reforms). The bill would require public officials to disclose their tax statements, assets, and potential conflicts of interest. It would also explicitly and legally define corruption—encompassing bribes, using political influence for personal gain, and misusing public funds among other actions, and it would increase the investigatory, prosecutorial, and sanctioning power of the new National Anticorruption System. The proposal needs 100,000 signatures for Congress to consider it; its advocates are hoping to get several times more than that to force it onto the agenda. A challenge for Mexico is moving beyond Twitter, Facebook, and Periscope to express society’s mounting frustrations. And that is the potential of Ley 3de3—to change the country’s anticorruption institutions and create tools for future reformers to take on bad behavior.
  • Iraq
    This Week in Markets and Democracy: Malaysia’s Corruption Probes, Ghost Workers, and Lax OECD Bribery Laws
    International Investigations Take Over as Domestic Malaysian Justice Fails New evidence shows that transfers from troubled state investment fund 1MDB into Malaysian Prime Minister Najib Razak’s personal bank accounts may top $1 billion—$300 million higher than previously thought. Yet Malaysian authorities continue to clear him of wrongdoing. The attorney general’s office ended its case, saying it found no evidence of graft, and Parliament is delaying a long-awaited investigatory report on the fund. The government has also shut down a Malaysian news site reporting on corruption and threatened harsh punishments for journalists who leak “official secrets”—a thinly-veiled warning to would-be whistleblowers. Less politically malleable are international authorities who continue to probe the cross-border case. Singapore recently seized a “large number” of related bank accounts. Criminal proceedings in Switzerland allege misappropriation of up to $4 billion in state money. And in the United States, the Department of Justice opened an inquiry into Najib’s U.S. real estate holdings and the Federal Bureau of Investigation (FBI) into the 1MDB case itself. Najib maintains the money was a political donation from an unnamed Saudi royal, a claim that conflicts with the growing financial paper trail. How to Get Rid of Ghost Workers The Nigerian government cut nearly 24,000 non-existent, or “ghost workers” from its payroll, a move that saved $11.5 million last month alone. A Finance Ministry audit showed that workers’ names and bank accounts did not match, and some accounts were paid several times. Ghost workers cost many nations: Iraq paid at least $380 million per year to 50,000 soldiers who never reported for duty, Kenya found over 12,000 retired or fictitious civil servants on its payroll, and Cameroonian officials estimate that almost a quarter of the government’s 220,000 employees could be ghost workers, running up a $12 million monthly tab. Technology—in particular biometric screenings and bank ID verification systems—is helping reformers uncover these costly shams. Lax Bribery Laws in the OECD The Organisation for Economic Co-operation and Development (OECD) called out member nations Finland, Slovenia, and Belgium for weak anticorruption measures. Though all three countries rank favorably on Transparency International’s Corruption Perceptions Index, recent evaluations by the OECD Working Group on Bribery highlight their failures to prosecute companies and people that pay bribes elsewhere. Finland lags on adopting adequate whistleblower protections, Slovenia’s anticorruption commission is politicized, and Belgium has yet to convict a single national for foreign bribery. Though the OECD Anti-Bribery Convention is not legally-binding (unlike the United Nations Convention against Corruption), it distinctively and importantly takes on corruption’s supply side—going after those who pay, rather than demand bribes.