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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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Americas
The Political Salience of Latin Americans’ Perceptions of Corruption
Once a year, policymakers and the press are forcibly reminded of the terrible costs of corruption. This year, it fell on January 27, when Transparency International’s Corruption Perceptions Index (CPI) was released, inciting the ritual gnashing of teeth and beating of chests about relative national corruption gains and losses. This is precisely the sort of attention that Transparency International hopes to draw to corruption. In this sense, the report is very much a continued success. But the CPI’s utility as a policy tool is less clear-cut, not least because there are so many reasons a country might rise or fall, including revelations of previously hidden corruption or simply the movement of other countries, which then push their peers up or down in relative terms. Transparency International routinely acknowledges these issues, and actively encourages readers not to use the measure as a longitudinal indicator. But this advice usually falls on the deaf ears of headline-seeking editors. The CPI remains a blunt tool, which doesn’t provide us much guidance on how and why public perceptions of corruption are changing, or broader lessons about what works in the fight for accountability. Nonetheless, there are a few important takeaways from the report that are especially relevant to Latin America. First, grand political corruption is ubiquitous and no country is immune. Shannon O’Neil pointed last year to the potentially significant political implications of the wave of corruption scandals that have beset Latin America over the past two years. These scandals have erupted at all levels of the CPI: in countries among the highest ranked (Chile, ranked 23rd of 167 positions), at the middle of the pack (Brazil and Mexico, 76th and 95th), and near the bottom (Honduras and Guatemala, 112th and 123rd). Second, if there is one policy recommendation that emerges from recent Latin American experience, it is that increasing checks and balances, granting true autonomy to watchdog agencies, and building budgetary and human resource capacities, all contribute to better control of corruption. Conversely, countries such as Venezuela in which these checks and balances have been eroded for political reasons suffer unintended consequences, including worsening corruption outcomes. Robust democracy, in other words, has some collateral accountability benefits. In the short term, improving capacity may lead to gains in corruption perceptions. One of the most improved countries in the CPI is Honduras, which rose fourteen spots, in part because of massive public protests last year that led a scandal-weakened government to acquiesce to the creation of an independent international panel of judges and prosecutors to investigate corruption: the Organization of American States (OAS)-sponsored Support Mission Against Corruption and Impunity (MACCIH), modelled on Guatemala’s UN-backed International Commission Against Impunity (CICIG). Despite its shortcomings, including fears that MACCIH may merely serve as a smokescreen to protect the president against removal, it is hoped that MACCIH will be strong enough to provide investigatory credibility in an institutional environment marked by a politically-dominated judiciary. Yet even in countries that are moving in the right direction and developing the autonomous capacity of their institutions, the perverse consequence may be the uncovering of major corruption, and a tumble in the CPI, as InsightCrime noted. Guatemala, where last year’s corruption scandal culminated in the forced resignation of President Otto Pérez Molina, declined eight spots. Brazil, where prosecutors have filed more than 1,000 charges, recovered more than a half-billion dollars, and convicted eighty for corruption associated with state-owned Petrobras, has fallen by seven spots. Let me close by floating two suspicions about the extent to which corruption will be relevant to Latin American politics in coming years. First, declining economic fortunes are likely to be accompanied by increasing revelations of corruption that was underway during the boom times. Bad economic times mean turnover in governments, closer scrutiny of past incumbents’ accounts, and an energetic scramble for tax revenue, including through tighter oversight. Able politicians may seek to deflect attention from current economic woes by pointing a finger of blame at corrupt predecessors who wasted the bonanza of the commodity boom. If the first suspicion is correct, the second follows: impunity is likely to be one of the next big political shibboleths in the region. Latin American countries have historically been a paradise for corruption; as Steve Morris noted with regard to Mexico, impunity has long been corruption’s evil twin. Impunity makes corruption much less risky and much more lucrative. A recent estimate suggests that only 3 percent of Argentina’s corruption cases since 1980 have led to convictions, and judges took on average fourteen years to reach final sentences in these cases. Of course, these dismal results are only the tip of the iceberg, since they refer only to those cases that actually saw the light of day. And it seems unlikely that Argentina is an outlier with regard to judicial ineffectiveness, although data on corruption prosecutions and trials is weak around the region. All of this suggests that for all its faults, the CPI release will continue to be closely watched throughout Latin America in years to come.  
Americas
This Week in Markets and Democracy: Moldova’s Protests, Investors Take on Graft, Corruption’s Costs in Nigeria
Moldova’s Corruption Undermines EU Bid Moldova’s corruption continues despite deepening European Union (EU) ties. New Prime Minister Pavel Filip’s pro-EU party is linked to a $1 billion bank embezzlement scheme that saw nearly 13 percent of gross domestic product (GDP) disappear. Two former prime ministers fell in the scandal, one to a no confidence vote while another is in jail. Now, despite government rhetoric accepting the EU Association Agreement governance statutes and promising to stamp out corruption, protesters are calling for Filip’s resignation. It is unlikely that Moldova will move beyond EU “partner” status anytime soon. U.S. Investors Sue Over Foreign Corruption Private investors are taking on corruption in court. Hawaii’s state pension fund, North Carolina’s treasurer, and other major shareholders are suing Brazilian state-run oil company Petrobras for losses from bribes and political kickbacks. They allege that corruption inflated the company’s market value by nearly $100 million, or a third of its peak. Others are taking on U.S.-based mining company Freeport-McMoRan for Foreign Corrupt Practices Act (FCPA) violations in Indonesia after a $4 billion bribery scandal led to a high-profile political resignation. Beyond criminal charges for corporate executives accused of malfeasance, companies may increasingly face investor-led litigation. How Much Does Nigeria’s Corruption Cost? A new PricewaterhouseCoopers (PwC) report on corruption in Nigeria estimates that the nation lost up to $185 billion in GDP over the last fifteen years as graft lowered tax revenue, discouraged investment, and reduced human capital. The auditing and consulting firm projects corruption will account for well over a third of GDP by 2030 if left unchecked. Contrasts are stark. If Nigeria reduced its corruption to Ghana’s levels (as determined by Transparency International’s Corruption Perceptions Index), its GDP would be nearly a quarter higher. President Muhammadu Buhari has ordered the arrests and investigations of dozens of corrupt former officials since coming to power last year on a promise to fight graft. But two of its biggest sources—the notoriously mismanaged state-run oil company and opaque security spending—require deep reforms.
Wars and Conflict
Nigeria’s 2016 Budget Continues Use of Secretive ‘Security Votes’
In a post originally published on African Arguments, CFR International Affairs Fellow Matthew Page explains that despite President Muhammadu Buhari’s anticorruption progress, the government’s new budget includes allocations for opaque funds that often go missing. Under President Muhammadu Buhari, the fight against corruption in Nigeria has unquestionably turned a corner. Shortly after taking office in May, he vowed to “plug revenue leakages,” made sweeping changes in the notoriously corrupt Nigerian National Petroleum Corporation (NNPC), and took steps to tighten control over public spending. He gave the Economic and Financial Crimes Commission (EFCC) free rein to pursue former officials, several of whom have been arrested. However, despite these advances, Buhari’s 2016 budget raises awkward questions. According to official details just released by the Nigerian government’s Budget Office, the 2016 budget contains over thirty so-called “security votes.” In theory, security votes are catch-all line items inserted in the budget to give recipients the flexibility to cover ad hoc security expenditures. But in practice, they are opaque slush funds that officials have long used to embezzle state funds or redirect them for political purposes. Security votes are distinct from the type of extra-budgetary defense spending that may have been misdirected or stolen by the previous government, but they resemble them insofar as they are spent with scant legislative oversight or outside scrutiny. In light of his record and rhetoric, Buhari’s decision to use security votes raises doubts about whether his anticorruption strategy is comprehensive enough to put Nigeria back on track. Thinly-Veiled Theft A relic of military rule, security votes were used to siphon public funds during Nigeria’s Second Republic from 1979 to 1983. In fact, when the military overthrew the government and Buhari became a military head of state in 1983, he arrested former officials and investigated fellow military officers for embezzling security funds. Max Siollun suggests that these actions contributed to Ibrahim Babangida’s decision to topple Buhari in 1985. And under Babangida and later Sani Abacha, the use of security votes as a tool for self-enrichment was perfected and institutionalized. Following Nigeria’s 1999 return to civilian rule, soldiers-turned-civilian officials such as President Olusegun Obasanjo and former National Security Adviser Aliyu Mohammed Gusau ensured that security votes survived. Although it makes sense that a few select military and intelligence expenditures should remain classified even in a democracy, the widespread use of security votes by federal, state, and even local officials is anathema to norms of transparency and accountability. Yet top politicians have long turned a blind eye to the practice or even attempted to excuse it. As one now-opposition party heavyweight recently griped: “Why are we probing security votes now? You see, security votes to my understanding can be used for native doctors, it can be used to hire Alphas [soothsayers] and it can be used for churches to pray for the country. It can be used for even sponsoring things.” View the full post on African Arguments.
  • Americas
    This Week in Markets and Democracy: Egypt’s Backsliding, UK Transparency Setbacks, New Global Rankings
    United States Undeterred by Egypt’s Democratic Backsliding Five years after its revolution, Egypt is no closer to democracy. President Abdel Fattah al-Sisi’s government routinely arrests political and social media activists, and has detained tens of thousands of people, many held for months without charges. Raids on news outlets and a law prohibiting journalists from contradicting official government information undermine freedom of expression. Every opposition party boycotted fall 2015 legislative elections and less than a third of the population turned out to vote. Still, the United States seems to be choosing stability over political freedoms. President Obama restored $1.3 billion in annual military assistance cut after Sisi overthrew former president Mohamed Morsi in 2013. And Central Intelligence Agency (CIA) Director John Brennan recently visited Cairo to boost security and counterterrorism cooperation, congratulating Sisi on inaugurating a new parliament. UK Territories Like Their Secrecy UK Prime Minister David Cameron’s campaign against corruption faces challenges at home. British overseas territories, including the Isle of Man, Bermuda, and the British Virgin Islands, have refused to comply with new legal requirements for UK companies to publicly register the names of their owners (those who hold significant shares or voting rights). After months of negotiation, some acquiesced only to compiling names privately. While many companies use these offshore havens to lower their tax bills—by some estimates the Cayman Islands are home to twice as many companies as people—the anonymity and lax oversight also enable corruption and money laundering. The standoff may undermine Cameron’s high-profile anticorruption summit later this year, and his efforts to convince other G20 countries to take up his long-running transparency agenda. New Reports on Human Rights, Democracy, and Corruption Three new reports show mixed progress on human rights, democracy, and corruption globally: Surveying more than ninety countries, Human Rights Watch’s 2016 World Report warns that migration and terrorism fears are leading Western democracies to curtail rights. In authoritarian states, the report documents growing civil society repression in countries including Turkey, Russia, China, Burundi, and Venezuela, as governments block NGO funding, pass restrictive “security” laws, and silence media. Freedom House’s 2016 Freedom in the World report highlights similar trends in Europe and the United States, labeling them “democracies in distress,” and finds commodity-dependent countries in the Middle East, North Africa, and Eurasia cracking down on dissent. The report measures freedom across the world in decline for the tenth consecutive year, rating fifty countries “not free” and fifty-nine “partly free” out of the 195 assessed. Transparency International’s 2015 Corruption Perceptions Index, which rates countries from zero (very corrupt) to one-hundred (very clean), provides better news. Sixty-three countries improved their scores, fifty-two declined, and fifty remained the same. Brazil saw the biggest fall—from forty-three to thirty-eight. Yet its tumble reflects the investigations, arrests, and convictions of dozens of bureaucrats, prominent politicians, and business leaders; events that in the longer term strengthen the nation’s rule of law.
  • Americas
    This Week in Markets and Democracy: Corruption in Iran, Africa, and Mexico
    Iran’s Sanction Are Gone, but Not Its Corruption Corruption presents a huge hurdle for Iran. It ranks 136 out of 175 countries in Transparency International’s Corruption Perceptions Index, and 118 of 189 in the World Bank’s Doing Business report. Despite earning $650 billion in oil profits over the last eight years, billions went missing, and little found its way into public goods such as infrastructure. Still, as international sanctions lift, European and Asian companies including Daimler, Airbus, Total, Eni, and Statoil have or are considering ventures. The UK government even published a guide on doing business in Iran, noting the prevalence of customs that violate its Bribery Act. Corruption Undercuts African Defense Spending A new Transparency International report documents widespread vulnerabilities to corruption in African defense spending.  Though risks vary by country, budget opaqueness (40 percent of countries surveyed fail to publish one), and lack of auditing or oversight for defense spending are common themes enabling corruption. A few examples of exploiting these weaknesses: Uganda’s military paid $740 million for six Russian fighter jets worth $327 million and disbursed $324 million in salaries to ghost soldiers over the past twenty years. Egypt classifies its estimated $4.4 billion defense budget as a state secret. A heavy uptick in African military spending exacerbates potential for graft, doubling over the past ten years to $50 billion in 2014. Many African states spend disproportionately on defense relative to Organization for Economic Cooperation and Development (OECD) nations, diverting money away from vitally-needed healthcare and education. Transparency International goes so far to suggest that corruption fuels extremism across the continent–all the more reason to require greater openness and accountability. Taking on Mexico’s Corruption…in Spain Spanish authorities detained Humberto Moreira, former chairman of Mexico’s ruling Institutional Revolutionary Party (PRI), on charges of embezzlement, bribery, and money laundering of €200,000 sent to Spanish bank accounts. The proceeds are allegedly from his time as governor of Coahuila, during which state debt grew from $27 million to $2.8 billion. Mexican investigations against Moreira were quickly dropped, though the United States indicted two of his top officials for money laundering—his former finance secretary pleading guilty. Mexico’s unwillingness or inability to hold public officials accountable contrasts sharply with other Latin American countries, notably Brazil and Guatemala, where arrests of high-level officials reflect growing activism in policing illicit cash flows. Yet Moreira’s arrest shows that even when domestic corruption investigations fail justice may be done, as foreign authorities are increasingly able and willing to step in.