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Archived: 04/02/2009 at 17:23:42

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April 2, 2009

Home Depot Buyer Convicted in International Kick Back Scheme -- and What an Old Scheme It Is!

A former divisional merchandising manager in charge of Home Depot's hard flooring products was sentenced to 63 months in prison for tax evasion and wire fraud, and ordered to pay $1.1 million in restitution to Home Depot. You can read the brief blurb about it here.

He is one of three former executives who have pleaded guilty to receiving millions of dollars in kickbacks from foreign suppliers in return for placing their products in Home Depot stores across the nation.

The article does not detail the scheme, but instead focuses on a lavish lifestyle the extra cash in pocket enabled the manager to lead. For the uninitiated, let me tell you how it happens.

A buyer in a national or even regional chain store controls millions of dollars worth of purchasing power. He is responsible for choosing suppliers, wherever they may be, and ensuring goods in his department are competitively priced, of sufficient quality and delivered on time. The buyer is paid a static wage which appears puny in comparison to the amount of purchasing power he wields through his organization.

Buyers on the take generally expect 1% of the total value of order to come back to them. A buyer who controls $25 million of annual spending can rack up $250,000 a year, and many become quite wealthy over time. If they don't get caught...

The convicted individual lived life a little too obviously large:

...more than $1 million in cash, luxury cars and real estate...including $269,000 to a California real estate development firm that sold Robinson two Tennessee properties, $135,000 in deposits to Robinson's investment accounts, and funds that paid off Robinson's loans on a 2004 Cadillac Escalade and a new Infiniti sports utility vehicle.

Who pays the 1%? Not the seller, because he adds that 1% to the value of the order. The buyer's company ends up paying. Business acquaintances have told me several buyers demanded currency, so that there be no trace. (One factory owner I knew gave his buyer a birthday card loaded with cash while singing, "Happy Birthday!") The payoff is expected before the order is placed. Simply because the payoff is made does not allow the seller to provide shoddy goods. One is given no quarter. There is such competition to get product into an established distribution channel that a deadbeat supplier will be dumped and a paying, hungry, effective supplier found quickly enough.

Management suspects buyers of being crooked. (Years ago, one buyer I knew it said to me "They suspect me even if I am pure, so why don't I just go ahead and do it?" I thought it pointless to suggest the benefits of uprightness to him) Some companies, especially those with experience, shift buyers from department to department every few years and engage investigative services in an attempt to ferret out dishonesty.

Executives with any intellect know what's going on. I am reminded of the CEO who said to me over drinks, "Bob X in Purchasing just bought a new house in that subdivision. Son of a b--- must be on the take. Didn't he just buy a Caddy, too?"

Purchase from overseas manufacturers enables greater camouflage, such as overseas bank accounts in false names, the establishment of trading companies which masquerade as the producer (sometimes established with buyer capital) and gifts bestowed in overseas venues (gold coins, women, gambling forays, etc.).

The "savvy" buyer who is on the take does not disclose his relationship to any but the one decision-maker in the organization from whom he is taking his payoff, refuses to discuss payoffs in close quarters even with that executive (preferring a space where he cannot easily be recorded) and makes sure his department is extremely profitable.

It is surprising how few are caught and publicly made an example of. Partly, management may prefer a simple termination rather than arrest, the publicity and the negative implications for their control over staff. But even if management discovers the buyer's fraud, it may choose to keep him on, considering the 1% simply as another expense. Yes, I have known this situation to have actually occurred, and can only assume I gained a glimpse a more general practice.

Posted by Richard at 2:42 PM | Comments (0)

March 30, 2009

Yale Asia Tomorrow Conference: Text of Asiabizblog Editor's Comments

[The following are my remarks at this conference, held at Yale University, March 28, 2009.]

Thank you for inviting me to participate on this panel. Here's the question I will address: is the average person in Asia living in a "global" environment more so now than at some point in the past?

Here is my brief answer: only superficially so. The physical environment in which people live has generally changed, due in part to factors originating outside of that geographic space. But, those who live in Asia, ideationally, remain insular. While there has been transformation it can't be said that outside influences have been significant. If I had to put it in a catchphrase, I'd say that, as far as globalization in Asia is concerned, it's old wine in new bottles.

I admit my initial question is vague. This is because the topic itself and the terms used are as well. The topic "globalization, its effect on Asia" is ripe for discussion, if only because it has seized the high ground of public interest, while also being nebulous. Firstly, it's my contention that there is no such thing as an "Asian." That is because there really is nothing readily definable which is also meaningful called Asia. Asia is an ancient word which has always referred to a region of indistinct boundaries and uncertain shape. Over time, the English, the Germans, the Japanese -- all of them picked up the term, and applied it to a region of ever-growing size upon the map. Thus, we now have rather unuseful term "Asia" applying to geography encompassing virtually one half the entire Eastern Hemisphere, from Lebanon to Japan, and from Siberia to the Andaman Islands, and sometimes even including Australia and New Zealand. This incorporates hodgepodge of nations, languages, societies, cultures, etc. Great diversity. To make it easy on me, I shall limit my remarks to China.

"Globalization" is another terror. I have seen many definitions, each of which may be distinguished significantly from one another, from Stiglitz to Krugman to Friedman to Palmer to Tinkers to Evers to Chance. Anyone can use it to mean just about whatever he wants. The dominant usage appears to be that global economic interconnectedness has given rise to a transformation in cultural and/or social spheres. But I think it can be sliced and diced just about any way you wish to.

The term also, at least in the United States and Western Europe has come to mean that just about any way of life or belief is as good as any other and all should be tolerated. This is typical thinking of those Westerners who have so little faith in their own tradition of civilization and believe the grass is greener on the other side of the hill, usually because they've never been there.

Narrowing the question, how has Chinese life changed as a result of products and ideas originating elsewhere?

As to physical life, let's get the easy ones out of the way: the product imports. As China becomes relatively wealthier, food consumption patterns have changed to include many Western products not traditionally consumed in the Chinese home: dairy products, meat, bread. Chinese are, as a result, physically larger and stronger than they were 100 or even 25 years ago. Relatively the same change occurred in Japan in the 1960s. Chinese costume has become thoroughly Western. Traditional Chinese garb is worn only on ceremonial occasions or where formality is required -- almost as a reminder at an important time of life that one is indeed Chinese.

But these are skin deep changes. What about the ways in which Chinese think and behave? The record, I believe, is mixed.

Mainland China, with the establishment of the Chinese Communist Party in 1949 became a militarized society, an extension of Yenan life. Political rule was, at least in theory, based upon a Marxist/Leninist foundation – Western ideas – but, over time, these principles and methods of governance became synthesized with both traditional Chinese as well as newly created ideas and techniques. As a brief example of that synthesis, the traditional Chinese tactic, seen often in Imperial governance, and also employed very often in modern China – even in business -- is the top-down hierarchy of political cells set one against the other in constant struggle, in an effort to keep struggle distant from the top people, those who initiated it.

The higher ideas of traditional Chinese thought were crushed, and exist now only in fragments, remaining alive in Chinese communities worldwide. Yes, there was a Chinese diaspora. Even today, the militarized nature of modern Chinese society remains, despite development since 1978, even though it has changed somewhat, leaving a spiritual vacuum. Chinese life is now bereft of its traditional ideas -- known to academics as the syncretic tradition of Confucianism, Buddhism, Taoism -- and within China, not much available to replace it (or better said, allowed to replace it).

Yet, in overseas Chinese communities, wherever they may exist, that tradition has begun an extraordinary resurgence – commencing at the end of the 20th century with Buddhist charitable associations, funded in part by the finances of wealthy industrialists, and fueled by a growing dissatisfaction of the populace with the insubstantial nature of financial wealth to the soul.

Certain traditional Chinese practices remain prevalent in China: Chinese education consists primarily of the memorization of facts -- the rote inculcation of knowledge. The Western idea of higher education is alien, that is, education as a means by which one's ken may be expanded, whereby one is intended to become a civilized participant in a community of capable, self-dependent individuals. (Of course, we can argue the extent to which the American public school system has been successful in doing just that.)

Briefly, as an example, we do not see Chinese youth taught to persuade by means of expository writing, the creation of an argument and the mustering of facts in support of it. Instead, writing for most Chinese is very much stream of consciousness.

Chinese continue to be taught negatively -- as opposed to the United States, which is positively. Negative criticism is used to create shame and thus, to compel change – Chinese are delicately sensitive to shaming; whereas, the West stopped using the whip to teach long ago. When I have trained or taught Chinese -- they have found both methods -- the conceptual and the positive -- very different from what they're used to. Sometimes liberating. But many of my trainees just wanted to be told what to do, so that they could mimic the teacher. To me, this is the last thing I would wish a student to do. How can you stand on your own two feet, and learn to deal with all of the changes that occur in life, if all you learn to do is mimic your instructor? (Think also of political indoctrination and the propaganda insisting that good Chinese citizens follow a path laid down by a leader.)

Let me throw out for consideration two very brief points, of which time constraints don't permit much discussion:
• An idea that has not changed: the use and abuse of power by the big against the small – in daily life, not just politics. Try crossing the street in Shanghai as you would in Manhattan. A taxi driver once told me 我比他大 (i.e., that a pedestrian must wait for him to cross first because the taxi is bigger).
• Money – here we find a great change in that it is now respected, unlike in traditional Chinese society, in which merchants were at the bottom of the list. (But has "globalization" been the cause of this effect?)

Finally, let me suggest that the study of globalization is not new to the study of Asia. John King Fairbank, who taught Chinese history at Harvard, beginning in the 1930s and over the next 40 years, posited the theory of western impact, Chinese response. Sounds a little bit like globalization, doesn't it? of course, now we have more of a two way street. Or do we?

So, has America been similarly globalized? why don’t we go out for Chinese food -- or what to the American passes for Chinese food -- and talk about it?

Posted by Richard at 2:03 PM | Comments (0)

March 27, 2009

Malaysian Loan Sharks, 地下錢莊 and Making an Offer the Debtor Can't Refuse

地下錢莊 (literally, "underground bank") flourishes wherever Chinese borrowers need cash quickly without having to go through the process of a loan application at a formal bank. They are as easy to access as black market foreign exchange in any Chinese city, if you get an introduction. While not always tied to criminal gangs, one never knows whether the poorly dressed man in the watch repair shop is a front for a group of successful, wealthy store owners or potential leg breakers.

Fujian (福建)immigrants to the United States, businessmen who are completely on the level, for example, will often pool assets to lend to the Fujianese newcomer so that he may open his business. This has been a common practice in Chinese communities in the United States since the mid-19th century, e.g. the 同鄉會 (an association of people originating in the same locale). Koreans, as well.

Cash is advanced at terms certain and agreed, usually at a high rate of interest (in one case, I was told, 12% monthly), often with the reversion of certain properties occurring on nonpayment, including the entire business, personal automobile, etc. Sometimes, the parties sign a simple document,much like an IOU, several of which I have seen. Other times, a relationship, family or close friend, serves as the bond sufficiently close to compel either repayment or a transfer of property. Many times, that family or friend, who was the intermediary, is the one who must pay up upon default of the primary debtor.

What happens to those who don't pay? in Malaysia, apparently this. Public ostracism. But this is certainly the easy-out. Among Chinese, as far as I am aware, beatings, leg-breakings and death -- where lender-debtor are strangers, not family or friends -- occur frequently.

An example, which occurred in Taipei. A friend lent a substantial sum of money to an investor. The investor's business failed. Fraud was suspected. My friend arranged for a small-time gangster to visit the investor, but when the gangster returned, he informed my friend that the investor had already been stabbed to death. The investor paid a very high rate of interest, indeed, and my friend's investment was entirely lost. In other words, my assumption is that the deeper truth among Malaysian loan sharks and their debtors is not as 單純 (pure and simple) as the Bloomberg writer, who otherwise wrote a terrific article, makes it out to be.


Posted by Richard at 2:53 PM | Comments (0)

March 24, 2009

China Proposes "Super-Sovereign Reserve Currency" to Eliminate the Middle Man

[UPDATE (March 26, 2009): The American response here and here.]

Zhou Xiaochuan (周小川), Governor of the People's Bank of China, has proposed a supranational currency to which national currencies shall be linked and valued according to a system of "rules." Remember China's concern (panic?) over its enormous U.S. dollar reserves and investments in U.S. Treasuries [See: China's Holdings of U.S. Securities: Implications for the U.S. Economy] The New York Times provides a brief overview; WSJ here and here.

Pie in the sky. From WSJ:

Large, deep, and highly traded markets involving a particular currency "don't spring up spontaneously just because the Chinese central bank governor suggests this would be a good idea," says Barry Eichengreen, an economist at the University of California at Berkeley.

This is a shot over the bow. My initial reaction is that, given the statements of Treasury Secretary Geithner, this public announcement of an attack on the dominance of the US dollar indicates a worsening government-to-government relationship in economic matters between the U.S. and China.

Zhou Xiaochuan's comments in full appear below:

Reform the International Monetary System

Zhou Xiaochuan

The outbreak of the current crisis and its spillover in the world have confronted us with a long-existing but still unanswered question,i.e., what kind of international reserve currency do we need to secure global financial stability and facilitate world economic growth, which was one of the purposes for establishing the IMF? There were various institutional arrangements in an attempt to find a solution, including the Silver Standard, the Gold Standard, the Gold Exchange Standard and the Bretton Woods system. The above question, however, as the ongoing financial crisis demonstrates, is far from being solved, and has become even more severe due to the inherent weaknesses of the current international monetary system.

Theoretically, an international reserve currency should first be anchored to a stable benchmark and issued according to a clear set of rules, therefore to ensure orderly supply; second, its supply should be flexible enough to allow timely adjustment according to the changing demand; third, such adjustments should be disconnected from economic conditions and sovereign interests of any single country. The acceptance of credit-based national currencies as major international reserve currencies, as is the case in the current system, is a rare special case in history. The crisis again calls for creative reform of the existing international monetary system towards an international reserve currency with a stable value, rule-based issuance and manageable supply, so as to achieve the objective of safeguarding global economic and financial stability.

I. The outbreak of the crisis and its spillover to the entire world reflect the inherent vulnerabilities and systemic risks in the existing international monetary system.

Issuing countries of reserve currencies are constantly confronted with the dilemma between achieving their domestic monetary policy goals and meeting other countries' demand for reserve currencies. On the one hand,the monetary authorities cannot simply focus on domestic goals without carrying out their international responsibilities; on the other hand,they cannot pursue different domestic and international objectives at the same time. They may either fail to adequately meet the demand of a growing global economy for liquidity as they try to ease inflation pressures at home, or create excess liquidity in the global markets by overly stimulating domestic demand. The Triffin Dilemma, i.e., the issuing countries of reserve currencies cannot maintain the value of the reserve currencies while providing liquidity to the world, still exists.

When a national currency is used in pricing primary commodities, trade settlements and is adopted as a reserve currency globally, efforts of the monetary authority issuing such a currency to address its economic imbalances by adjusting exchange rate would be made in vain, as its currency serves as a benchmark for many other currencies. While benefiting from a widely accepted reserve currency, the globalization also suffers from the flaws of such a system. The frequency and increasing intensity of financial crises following the collapse of the Bretton Woods system suggests the costs of such a system to the world may have exceeded its benefits. The price is becoming increasingly higher, not only for the users, but also for the issuers of the reserve currencies. Although crisis may not necessarily be an intended result of the issuing authorities, it is an inevitable outcome of the institutional flaws.

II. The desirable goal of reforming the international monetary system, therefore, is to create an international reserve currency that is disconnected from individual nations and is able to remain stable in the long run, thus removing the inherent deficiencies caused by using credit-based national currencies.

1. Though the super-sovereign reserve currency has long since been proposed, yet no substantive progress has been achieved to date. Back in the 1940s, Keynes had already proposed to introduce an international currency unit named "Bancor", based on the value of 30 representative commodities. Unfortunately, the proposal was not accepted. The collapse of the Bretton Woods system, which was based on the White approach, indicates that the Keynesian approach may have been more farsighted. The IMF also created the SDR in 1969, when the defects of the Bretton Woods system initially emerged, to mitigate the inherent risks sovereign reserve currencies caused. Yet, the role of the SDR has not been put into full play due to limitations on its allocation and the scope of its uses. However, it serves as the light in the tunnel for the reform of the international monetary system.

2. A super-sovereign reserve currency not only eliminates the inherent risks of credit-based sovereign currency, but also makes it possible to manage global liquidity. A super-sovereign reserve currency managed by a global institution could be used to both create and control the global liquidity. And when a country's currency is no longer used as the yardstick for global trade and as the benchmark for other currencies, the exchange rate policy of the country would be far more effective in adjusting economic imbalances. This will significantly reduce the risks of a future crisis and enhance crisis management capability.

III. The reform should be guided by a grand vision and begin with specific deliverables. It should be a gradual process that yields win-win results for all.

The reestablishment of a new and widely accepted reserve currency with a stable valuation benchmark may take a long time. The creation of an international currency unit, based on the Keynesian proposal, is a bold initiative that requires extraordinary political vision and courage. In the short run, the international community, particularly the IMF, should at least recognize and face up to the risks resulting from the existing system, conduct regular monitoring and assessment and issue timely early warnings.

Special consideration should be given to giving the SDR a greater role. The SDR has the features and potential to act as a super-sovereign reserve currency. Moreover, an increase in SDR allocation would help the Fund address its resources problem and the difficulties in the voice and representation reform. Therefore, efforts should be made to push forward a SDR allocation. This will require political cooperation among member countries. Specifically, the Fourth Amendment to the Articles of Agreement and relevant resolution on SDR allocation proposed in 1997 should be approved as soon as possible so that members joined the Fund after 1981 could also share the benefits of the SDR. On the basis of this, considerations could be given to further increase SDR allocation.

The scope of using the SDR should be broadened, so as to enable it to fully satisfy the member countries' demand for a reserve currency.

Set up a settlement system between the SDR and other currencies. Therefore, the SDR, which is now only used between governments and international institutions, could become a widely accepted means of payment in international trade and financial transactions.

Actively promote the use of the SDR in international trade, commodities pricing, investment and corporate book-keeping. This will help enhance the role of the SDR, and will effectively reduce the fluctuation of prices of assets denominated in national currencies and related risks.

Create financial assets denominated in the SDR to increase its appeal. The introduction of SDR-denominated securities, which is being studied by the IMF, will be a good start.

Further improve the valuation and allocation of the SDR. The basket of currencies forming the basis for SDR valuation should be expanded to include currencies of all major economies, and the GDP may also be included as a weight. The allocation of the SDR can be shifted from a purely calculation-based system to a system backed by real assets, such as a reserve pool, to further boost market confidence in its value.

IV. Entrusting part of the member countries' reserve to the centralized management of the IMF will not only enhance the international community's ability to address the crisis and maintain the stability of the international monetary and financial system, but also significantly strengthen the role of the SDR.

1. Compared with separate management of reserves by individual countries, the centralized management of part of the global reserve by a trustworthy international institution with a reasonable return to encourage participation will be more effective in deterring speculation and stabilizing financial markets. The participating countries can also save some reserve for domestic development and economic growth. With its universal membership, its unique mandate of maintaining monetary and financial stability, and as an international "supervisor" on the macroeconomic policies of its member countries, the IMF, equipped with its expertise, is endowed with a natural advantage to act as the manager of its member countries' reserves.

2. The centralized management of its member countries' reserves by the Fund will be an effective measure to promote a greater role of the SDR as a reserve currency. To achieve this, the IMF can set up an open-ended SDR-denominated fund based on the market practice, allowing subscription and redemption in the existing reserve currencies by various investors as desired. This arrangement will not only promote the development of SDR-denominated assets, but will also partially allow management of the liquidity in the form of the existing reserve currencies. It can even lay a foundation for increasing SDR allocation to gradually replace existing reserve currencies with the SDR.

关于改革国际货币体系的思考
周小川

此次金融危机的爆发与蔓延使我们再次面对一个古老而悬而未决的问题,那就是什么样的国际储备货币才能保持全球金融稳定、促进世界经济发展。历史上的银本位、金本位、金汇兑本位、布雷顿森林体系都是解决该问题的不同制度安排,这也是国际货币基金组织(IMF)成立的宗旨之一。但此次金融危机表明,这一问题不仅远未解决,由于现行国际货币体系的内在缺陷反而愈演愈烈。

理论上讲,国际储备货币的币值首先应有一个稳定的基准和明确的发行规则以保证供给的有序;其次,其供给总量还可及时、灵活地根据需求的变化进行增减调节;第三,这种调节必须是超脱于任何一国的经济状况和利益。当前以主权信用货币作为主要国际储备货币是历史上少有的特例。此次危机再次警示我们,必须创造性地改革和完善现行国际货币体系,推动国际储备货币向着币值稳定、供应有序、总量可调的方向完善,才能从根本上维护全球经济金融稳定。

一、此次金融危机的爆发并在全球范围内迅速蔓延,反映出当前国际货币体系的内在缺陷和系统性风险

对于储备货币发行国而言,国内货币政策目标与各国对储备货币的要求经常产生矛盾。货币当局既不能忽视本国货币的国际职能而单纯考虑国内目标,又无法同时兼顾国内外的不同目标。既可能因抑制本国通胀的需要而无法充分满足全球经济不断增长的需求,也可能因过分刺激国内需求而导致全球流动性泛滥。理论上特里芬难题仍然存在,即储备货币发行国无法在为世界提供流动性的同时确保币值的稳定。

当一国货币成为全世界初级产品定价货币、贸易结算货币和储备货币后,该国对经济失衡的汇率调整是无效的,因为多数国家货币都以该国货币为参照。经济全球化既受益于一种被普遍接受的储备货币,又为发行这种货币的制度缺陷所害。从布雷顿森林体系解体后金融危机屡屡发生且愈演愈烈来看,全世界为现行货币体系付出的代价可能会超出从中的收益。不仅储备货币的使用国要付出沉重的代价,发行国也在付出日益增大的代价。危机未必是储备货币发行当局的故意,但却是制度性缺陷的必然。

二、创造一种与主权国家脱钩、并能保持币值长期稳定的国际储备货币,从而避免主权信用货币作为储备货币的内在缺陷,是国际货币体系改革的理想目标

1、超主权储备货币的主张虽然由来以久,但至今没有实质性进展。上世纪四十年代凯恩斯就曾提出采用30种有代表性的商品作为定值基础建立国际货币单位 “Bancor”的设想,遗憾的是未能实施,而其后以怀特方案为基础的布雷顿森林体系的崩溃显示凯恩斯的方案可能更有远见。早在布雷顿森林体系的缺陷暴露之初,基金组织就于1969年创设了特别提款权(下称SDR),以缓解主权货币作为储备货币的内在风险。遗憾的是由于分配机制和使用范围上的限制,SDR 的作用至今没有能够得到充分发挥。但SDR的存在为国际货币体系改革提供了一线希望。

2、超主权储备货币不仅克服了主权信用货币的内在风险,也为调节全球流动性提供了可能。由一个全球性机构管理的国际储备货币将使全球流动性的创造和调控成为可能,当一国主权货币不再做为全球贸易的尺度和参照基准时,该国汇率政策对失衡的调节效果会大大增强。这些能极大地降低未来危机发生的风险、增强危机处理的能力。

三、改革应从大处着眼,小处着手,循序渐进,寻求共赢

重建具有稳定的定值基准并为各国所接受的新储备货币可能是个长期内才能实现的目标。建立凯恩斯设想的国际货币单位更是人类的大胆设想,并需要各国政治家拿出超凡的远见和勇气。而在短期内,国际社会特别是基金组织至少应当承认并正视现行体制所造成的风险,对其不断监测、评估并及时预警。

同时还应特别考虑充分发挥SDR 的作用。SDR具有超主权储备货币的特征和潜力。同时它的扩大发行有利于基金组织克服在经费、话语权和代表权改革方面所面临的困难。因此,应当着力推动 SDR的分配。这需要各成员国政治上的积极配合,特别是应尽快通过1997年第四次章程修订及相应的SDR分配决议,以使1981年后加入的成员国也能享受到SDR的好处。在此基础上考虑进一步扩大SDR的发行。

SDR的使用范围需要拓宽,从而能真正满足各国对储备货币的要求。

●建立起SDR与其他货币之间的清算关系。改变当前SDR只能用于政府或国际组织之间国际结算的现状,使其能成为国际贸易和金融交易公认的支付手段。

●积极推动在国际贸易、大宗商品定价、投资和企业记账中使用SDR计价。不仅有利于加强SDR的作用,也能有效减少因使用主权储备货币计价而造成的资产价格波动和相关风险。

●积极推动创立SDR计值的资产,增强其吸引力。基金组织正在研究SDR计值的有价证券,如果推行将是一个好的开端。

●进一步完善SDR的定值和发行方式。SDR定值的篮子货币范围应扩大到世界主要经济大国,也可将GDP作为权重考虑因素之一。此外,为进一步提升市场对其币值的信心,SDR的发行也可从人为计算币值向有以实际资产支持的方式转变,可以考虑吸收各国现有的储备货币以作为其发行准备。

四、由基金组织集中管理成员国的部分储备,不仅有利于增强国际社会应对危机、维护国际货币金融体系稳定的能力,更是加强SDR作用的有力手段

1、由一个值得信任的国际机构将全球储备资金的一部分集中起来管理,并提供合理的回报率吸引各国参与,将比各国的分散使用、各自为战更能有效地发挥储备资金的作用,对投机和市场恐慌起到更强的威慑与稳定效果。对于参与各国而言,也有利于减少所需的储备,节省资金用于发展和增长。基金组织成员众多,同时也是全球唯一以维护货币和金融稳定为职责,并能对成员国宏观经济政策实施监督的国际机构,具备相应的专业特长,由其管理成员国储备具有天然的优势。

2、基金组织集中管理成员国储备,也将是推动SDR作为储备货币发挥更大作用的有力手段。基金组织可考虑按市场化模式形成开放式基金,将成员国以现有储备货币积累的储备集中管理,设定以SDR计值的基金单位,允许各投资者使用现有储备货币自由认购,需要时再赎回所需的储备货币,既推动了SDR 计值资产的发展,也部分实现了对现有储备货币全球流动性的调控,甚至可以作为增加SDR发行、逐步替换现有储备货币的基础。(完)

Posted by Richard at 2:39 PM | Comments (0)

March 19, 2009

EVENT: ABA Washington DC -- China 2009: Gazing into the Crystal Ball

China 2009: Gazing into the Crystal Ball

Date: Mar 27, 2009 08:30 - 10:00 AM

Site: ABA Washington Office
740 15th St NW
Washington, DC, 20005-1019
United States of America

"Wondering how the economic downturn is impacting legal and business developments in China? Curious as to what is happening to China's once sizzingly hot real estate sector? Bewildered as to how employee lay-offs are being handled by foreign-invested companies facing decreasing demand for their products? And, what about those unfortunate companies who may need to file for bankruptcy of their China operations - how are they likely to fare? What developments have been taking place with China's new Anti-Monopoly Law and should we expect changes in light of the global economic downturn? These and other fascinating questions will be considered in an informal monitored discussion on March 27, in person at the Section's offices in Washington, D.C. and via teleconference for members wishing to participate from other locations - whether in the United States or elsewhere."

Speakers: Amy Sommers, Elizabeth Cole, Robin Kaptzan, and Peter Neumann. Moderator: Adam Bobrow.

A continental Breakfast will be served.

Participate by attendance in person or via teleconference. URL here.

Posted by Richard at 2:05 PM | Comments (0)

March 18, 2009

Asiabizblog Editor to Speak at March 28 Yale Conference

I've been invited to speak at the “Asia Tomorrow” conference at Yale University on March 28. For further information, click here.

Posted by Richard at 7:19 PM | Comments (0)

Tokyo Gumshoe -- That Company Simply Doesn't Exist!

Remember this post on attorney scams? The company from which it purportedly originated was stated to be

G and T trading Company Limited, Tokyo Kotsu Kaikan Bldg. 7F. 2-10-1 Yurakucho Chiyoda-ku Tokyo 100-0006 JAPAN

We now have first-hand evidence that this company does not exist at that location.

Brian Johnson, who works in Tokyo for a patent law firm, graciously sauntered over to that address, located near the Yurakucho Station (有楽町駅). He reports:

Here's what I found:

There are five businesses on the 7th floor. They are

1. Mitsubishi Shuji Logistics -- Known in English as Mitsubishi Corporation LT, Inc
Transport Equipment, warehousing & transport

2. Kyocera Contax Salon -- a photo gallery for Kyocera/Contax

3. Kabushi Kaisha Hitachi Hoken Service -- Seems to be some kind of insurance company related to Hitachi

4. Kaigisu Musubikai -- can't find out anything about these guys but no G or T or trading in their name.

5. K.K. Gakujo -- an employment agency

Thus:

...it appears that there is no company called G and T Trading on that floor.

Heartfelt thanks to Brian Johnson for his willingness to take time out of his day for Asiabizblog readers!

Continue reading "Tokyo Gumshoe -- That Company Simply Doesn't Exist!"

Posted by Richard at 6:55 PM | Comments (2)

March 16, 2009

EVENT: Chicagoland China Business Seminar

Seminar: "Challenges and Rewards: Doing Business with China in 2009"
Time: 9:00 am - 3:00 pm, May 1, 2009 (Friday)
Venue: Quality Inn Schaumburg, Illinois (Chicago west suburb)

Agenda & Topics

Global Recession and its Impact on China's Economy & Sino-US Trade
Introduction to China's Economic Stimulus Plan
New Business Opportunities in the Emerging Cities
U.S. Commodity Export and U.S. Services Export
The Myth vs. The Reality (Business Diligence)
Assessing Your China Readiness and Commitment
Market Entry and Investment Strategies (JV, WFOE, Sourcing, Acquisition)
Strategic Management and Operations in China
Risk Management and Legal Issues in China
Establishing and Utilizing "Guanxi" for Your Business Development
Understanding Chinese Corporate Culture and Social Norms
Attracting Chinese Investment Capital to the U.S.
Attracting Chinese Companies and Investors to Your Area

URL here.

Posted by Richard at 1:29 PM | Comments (0)

March 11, 2009

Watch LIVE Webcast of Alibaba CEO Jack Ma at Asiabizblog

The live webcast starts at 7.30 am EST, Thursday, March 12.

Here's the blurb from the Asia Society.

"Known as China’s Web King, Jack Ma is Chairman and CEO of Alibaba Group, the leading e-commerce company in China and one of the world’s largest online trading platforms. A pioneer in the Chinese Internet industry, Ma is recognized as the man who put China on the Net. Over a decade ago he founded China’s first Internet-based company and has since transformed China’s Internet industry. Ma was named by Fortune Magazine as one of the “25 Most Powerful Businesspeople in Asia” in 2005, “Businessperson of the Year” by BusinessWeek in 2006, and one of the 30 “World’s Best CEOs” by Barron’s in 2008.

Tomorrow morning, Thursday, March 12, Jack Ma will speak at the Asia Society in New York about building Alibaba and will share his insight on technological innovation and development as the driving forces of the global e-commerce industry."

Current time in New York:

Posted by Richard at 8:50 PM | Comments (0)

Chinese Export Volume Falls Off the Proverbial Cliff

Reuters:

Exports in February slid 25.7 percent from a year earlier, dwarfing forecasts of a 5.0 percent fall, while imports dropped 24.1 percent, close to projections of a 25.0 percent decline.

Bloomberg's story fleshes it out a bit more. Read also Andrew Batson's article for context.

As we've written many times in the past -- echoing the research of scholars of the Chinese economy -- official Chinese statistics must be taken with a grain (make that "pillar?") of salt. Distortions due to collection methodology, the inaccuracy of reporting, the pressure of political demands, all contribute to inaccuracy.

But we all know that the manufacturing sector in China has been badly hit -- we saw the signs and posted our early presentiments back in the summer of 2008. As unreliable as the number is. I find this officially announced statistic so shocking that I'm compelled to compare it to the extraordinary upset occasioned by an event in modern Taiwanese economic history: when the New Taiwan Dollar peg to the US dollar was removed in the late 1980s.

In the space of a few months, that ratio moved from 40:1 to 25:1, shutting the doors of many businesses on the island and forcing factory owners to look for manufacturing sources elsewhere in Asia. It was -- and those who were there at the time will remember it -- a disaster of great proportions. Prices and unemployment soared, and Taiwanese, already following the trail of general diaspora throughout the world, hastened their steps away.

While a handful of Westerners have told me they do not see much change in China -- they see people continuing to purchase and go about their lives as naturally as they did before the global meltdown -- these gentlemen reside in the major urban centers and are only vaguely aware of the boiling undercurrent in rural areas, especially in the middle and southern parts of the country.

One does not see China creating within a generation -- not to mention a brief economic cycle -- a domestic market capable of absorbing sufficient volume of manufactured product to make up for the decline in exports. Exports are the engine which drives China's growth, upon which great masses of uneducated and poorly skilled people rely for a basic living. The Chinese stimulus package may provide limited employment for some building roads and fixing the rails, but never the kind of capacity that manufacturing has provided. An empty stomach and idle hands are ruinous to individual, family and country. Now that they have had a taste of a better life, Chinese will not willingly return to the life of strict social constraint and enforced poverty of the pre-1978 years.

The export statistic is, thus, a crude indicator of the social turbulence to follow.

Posted by Richard at 2:06 PM | Comments (1)

March 9, 2009

And One More Attorney Scam E-mail -- The Last One, I Promise!

This one is so transparently badly done, no one should be fooled by it:

Attention:

We represent the management of G and T trading Company Limited, Tokyo Kotsu Kaikan Bldg. 7F. 2-10-1 Yurakucho Chiyoda-ku Tokyo 100-0006 JAPAN ,"Engaged in international marketing of Painting & Crafts Tools, Power Tools and Outdoor Equipment since 1992" G and T trading Company Limited, JAPAN have supplied Painting & Crafts Tools, Power Tools and Outdoor Equipment to many American and Canadian customers, total invoices in excess of US$3.6million since Last the year. Some of the American and Canadian companies have defaulted in their payment to G and T trading Company Limited, the Chairman of G and T trading Company Limited contacted me last month and through a Power of Attorney, appointed me to collect their overdue payments. I therefore require you'r legal representation in order to collect on the supplied invoices from the American and Canadian Customers.

We understand that a proper Attorney Client Retainer will provide the necessary authorization and we are most inclined to commence talks as soon as possible. Your consideration of our request is highly anticipated and we look forward to your prompt response.

Sincerely,

Raj Yaokeem
Yaokeem Consultants.
No 33-35 Queen Square BS1 7LU, London


Posted by Richard at 4:56 PM | Comments (0)

March 3, 2009

Tax Reform on Foreign Profits of Multinationals Coming To a Government Near You?

Now what might this be about?

The Obama administration will propose a series of measures "over the next several months" to reform taxes on the foreign profits of multinational companies, and to crack down on abusive offshore tax shelters used by firms and wealthy individuals, Mr. Geithner said.
Posted by Richard at 8:51 PM | Comments (0)

Fiddler on the Roof in Japanese -- Really!

Performers and date of performance unknown. Looks like a rehearsal(?).



素晴らしいよ! 

[Thanks to Mother Zion for the onpass.]

Posted by Richard at 5:45 PM | Comments (0)

March 2, 2009

Another Attorney Scam E-Mail Purportedly from China

For those of us who are collectors of attorney scam e-mail, yours truly included, here's another:

From: Mr. Qiming Wang.
Legal Representative/Owner,
Quanzhou Haitian Textile Co.,Ltd,
Address: Haitian Industrial Park,
Jiangnan Development Zone,
Quanzhou, Fujian
China.
Email: qimingwang41@gmail.com
Website: http://www.htt.cn

Dear Sir,

Request for Legal assistance.

This is an official request for legal representation on behalf of Quanzhou Haitian Textile Co.,Ltd. We are a textile company with principal business in garment manufacturing and trading.

We are presently incapacitated due to international legal boundaries to exert pressure on our delinquent customers and we request for your services accordingly. We got your contact information from the Online Lawyers Directory as a result of our search for a reliable firm or individual to provide legal services as requested.

After a careful review of your profile as well as your qualification and experience, we are of the opinion that you are capable and qualified to provide the legal services as requested.

On behalf of Quanzhou Haitian Textile Co.,Ltd, Please accept my sincerest appreciation in advance for your willingness to render your services as we look forward to your prompt response to our request.

Thank you..
Mr. Qiming Wang.
Legal Representative/Owner,.
Quanzhou Haitian Textile Co.,Ltd..
Website: http://www.htt.cn

Notice how the content is basically similar to all those that have come before it:

1) The recipient is addressed neither by name nor by firm.
2) The text is written in a slightly archaic English "we are presently incapacitated..."
3) The proposed legal service required is the collection of the debt.
4) The question an attorney may have -- how did you find out about me? -- is answered with the proffered validation that the contact information came from the "Online Lawyers Directory." But which one?

Note the use of a gmail account, which enables the sender to hide important information about the origin of the e-mail.

Posted by Richard at 9:06 PM | Comments (1)

February 24, 2009

China: A Couple of Former Billionaires, Fraud, Bribes, Prison

Recommended: this story -- Jailed Billionaires Show New Face of China as Markets Unravel -- rich in detail, like this:

Greaves hasn’t seen or spoken to Huang, 39, since. One morning in November, the dapper, baby-faced tycoon failed to turn up, along with his Maybach limousine, at Gome’s Beijing headquarters, where he normally worked such long hours that he had installed a double bed in the office adjacent to his own.

Well-worth reading.

Posted by Richard at 4:56 PM | Comments (0)

February 20, 2009

van Etten v. Mitsui -- A Few Hackles Raised on First Reading

I've now had a chance to review the complaint in Van Etten v. Mitsui, 09 CV 1071, a reverse discrimination class-action suit brought by an American executive of Mitsui USA fired in 2006.

While I was originally favorable toward the idea of such a claim, the complaint itself tends to move me in the other direction. Avoiding the legal issues for the moment, let's look at a number of relevant cultural issues indicated in the text which render much of the complaint less persuasive than hoped for.

Hackle #1

The first hackle on my sensitive spine raised itself in profound discomfort in only the second paragraph of the first page:

Plaintiff brings this action to challenge a pattern and practice of race and national origin discrimination and retaliation committed by Mitsui USA and Mitsui Japan against current and former non-Japanese/non-Asian employees.

This last phrase -- non-Japanese/non-Asian -- is curious in itself. Does this equate Japanese with all Asians? Or does it make a distinction between the two?

And besides, what is an "Asian?"

For several centuries, the word “Asia” referenced a geography of indistinct determination, stretching from Syria to Japan, and from Siberia to the Andaman Islands, encompassing all nations, races, skin colors, languages, cultures. Essentially, a mishmash, due in large part to the impoverished understanding of Western explorers and mapmakers.

However, no Chinese I know would wish to be lumped together with a Japanese, or mistaken for him, and vice versa. Nor would a Taiwanese wish to be lumped together with the Shanghaiese, etc. But Westerners who didn’t know better, for no fault of their own -- they were only just coming in contact -- essentially classified everyone who lived in basically the same place: faraway.

Along comes 20th-century America, with its increasingly fractious ethnic and racial "melting pot," the elements of which, despite their occasional averments to the contrary, make strong demands for what they see to be their own people, community, tribe, but not for the community at large. Over time, the law recognizes certain races and ethnic groups, providing benefits to those with specific attributes. A census must be taken every decade and various groupings are statistically analyzed. It is a convenient shorthand to group Indians, Chinese, Japanese, Papua New Guinean aborigines, Uzbeks and Fijians into one mother lode of a political grouping, the sheer weight of which would seem to have somewhat nearly the political capital other large groups like blacks and Hispanics would have.

But there is no such thing as an "Asian." (Well, perhaps there is under federal law, but that fantasy I will avoid for the moment.) Things are too complex for this now rancid simplification.

In the complaint under discussion, the phrase “non-Japanese/non-Asian" is particularly troublesome.

Note this paragraph 18:

One of the central elements of the pervasive discrimination at Mitsui USA and Mitsui Japan is the use of and favorable treatment towards "rotational staff," who are employees of Mitsui Japan set to take tours or rotations with Mitsui USA, usually for a term of three to five years.

Rotations are common in international corporations, especially among Japanese companies, for whom the practical experience of in-country work and residence has always been held to be invaluable. It is a practice Americans have cut out of their budgets, much to their discredit and disadvantage. The bias away from direct in-country knowledge within the American company is, in my opinion, a substantial reason for American loss of market share globally. How is it, do you think, that the Japanese automakers have learned so much about operating successfully in the United States, while we now see the American automakers on bended knee begging for government assistance?

Generally speaking, who is rotated out of Japan? A young Japanese with some in-country skills or scholarship who shows promise -- someone who is marked for his potential to rise perhaps 10 or 20 years down the road.

I very strongly doubt that any non-Japanese -- the “Asian” referred to in the complaint -- would be drawn from India or China into a rotation into the United States. In fact, none is mentioned. No one without a Japanese surname, with the exception of a reference to two former complaints by Americans against the company, is even mentioned in the entire complaint.

To what classification is the complaint referring with the phrase "non-Japanese/non-Asian?" It is this ill-defined phrase, which recurs dozens of times in the complaint, that thoroughly confuses things for me. The fact finder may not find it so, relying upon the common Western conglomeration of all things "Asian."

But if I were the defense, I would attack it.

Hackle #2

My jaw dropped when I read paragraph 67:

Mr. Van Etten was also disadvantaged within Mitsui USA by the fact that Japanese was used to communicate, orally and in writing, throughout the day by top Mitsui USA/Mitsui Japan executives as well as with/by their underlings. This practice was rampant, notwithstanding the fact that non-Japanese/non-Asian employees would not be able to understand, leading to greater isolation and exclusion of non-Japanese/non-Asian employees. By way of example only, Mitsui USA held monthly, quarterly and annual business meetings where Mr. Van Etten's business was discussed, but the meetings were conducted in exclusively Japanese and no national staff were included.

This is an extraordinary assertion and, in my eyes, damns the plaintiff and not the defendant. Essentially, it makes the claim that, for purposes of employment discrimination claims, all communication must be made in the English language.

The plaintiff, thus, despite having worked for a Japanese company for 18 years, had never learned the language of its parent company. In his position, most likely, he would not have to. But what language would he speak if were he to become a top-level executive having to make his reports to headquarters in Japan? English? If the plaintiff had been thoroughly fluent in Japanese, had lived and worked in Japan and possessed the very significant in-country skills required of a top-level manager, I would give greater credence to his claim.

But it is entirely unpersuasive to suggest that an American employee of a Japanese subsidiary without such skills is thoroughly qualified to take on a senior role, which would include significant, perhaps daily, contact with headquarters, and an understanding of Japanese practices in the home office. Life is very different in the office in Tokyo than it is in Manhattan.

Hackle #3

By his own complaint, Mr. Van Etten was extremely accomplished -- a producer. He claims that his termination for discrepancies in expense reports dating to 5 years prior was, in a nutshell, trumped up because he complained vociferously about discriminatory practices.

In and of themselves, these factual allegations, as written, do not portray him as one particularly suited to the resolution of a major dispute within a Japanese company. He must have some skills, because he lasted in there a long time, and life is tough going in a Japanese company.

But the complaint shows him to be repeatedly complaining, over the course of several years, orally and in writing, while hinting at a distinct lack of respect for many of his colleagues. While the record of complaints may be necessary evidence to show notice, it, on the other hand, gives us a clue as to the tension in the office that appears to have surrounded this issue.

Read this from paragraph 84:

...Defendants admit that Mr. Van Etten complained that the rotational employees were not qualified for the positions they held and that the practice of bringing Japanese/Asian executives from Japan amounted to discrimination against non-Japanese/non-Asian employees could have been awarded these positions. They also admit that Mr. Van Etten complained that he should have been promoted to general manager and was not because he is not Japanese/Asian.

Numerous incidents, involving HR and executive management, are detailed in the complaint.

While Japanese are more likely to expect open friction within an American workplace, and rather more tolerant of it, it is still considered at the very least unpleasant. Often, when taken to extremes, it becomes a distinct mark against the one who breaches that etiquette.

This is not to say that resolutions are always possible in a Japanese company -- often not -- but simply that jousting is the art of remaining hidden, while advancing in plain sight. Mr. Van Etten may be a complete gentleman in an American sense and he may have comported with the law, but the facts as related by his attorneys give the impression that his repeated straightforward complaints to HR and, more importantly, to Japanese senior colleagues accelerated the movement of the grindwheel, upon which the ax was finally sharpened.

The complaint raised other hackles as well, including the assertion that discipline was more tolerant of Japanese than of Americans, which assertion I find -- based on my own experience and that of other foreigners I know in Japanese enterprises -- almost totally incredible.

I am eager to read Mitsui's answer. More on this case as it develops.

Posted by Richard at 9:00 PM | Comments (1)

February 17, 2009

For Your Review: Reverse Discrimination Complaint, van Etten v. Mitsui, 09 cv 1071, SDNY

To download the van Etten v Mitsui complaint discussed in this post, click this link.

Posted by Richard at 8:43 PM | Comments (0)

February 16, 2009

EVENT: ABA International Section China Committee Mixer in Shanghai

Sponsor: Shanghai Chapter of the American Bar Association International Section, China Committee

Blurb: Come mix and mingle with attorneys with diverse backgrounds from our legal community here in Shanghai and learn more about the ABA and China Committee activities.

Date: Thursday, March 5, 2009
Time 6:30-8PM
Venue: Mesa Manifesto, 748 Julu Rd (east of Fumin Rd), 巨鹿路748号(富民路东侧)
Tel: (86-21) 6289-9108
URL: www.mesa-manifesto.com
Cost: 120 RMB for members and non-members. Cost includes 2 cocktails/beverages and appetizers

Please RSVP by sending an email to jzhang (at) orrick.com on or before Friday, February 27, 2009.

Posted by Richard at 2:10 PM | Comments (0)

February 11, 2009

Japanese Bar Cracks Down on Foreign Attorneys

Times are tough and guilds are supposed to protect their own, as the Japanese Bar has done, here requiring all foreign attorneys operating in Japan, even, apparently, employees supervised by gaiben partners, to register as gaiben

A requirement that all foreign lawyers be registered as gaiben would fundamentally change the landscape of firms operating in Japan. To qualify as a gaiben, a lawyer must have practiced for at least three years, two of which have to have been outside Japan. The registration process can also take anywhere from six months to two years.
Posted by Richard at 1:58 PM | Comments (0)

February 9, 2009

Massive Fire in Rem Koolhaas Designed Mandarin Hotel Structure

Some have arrived at this blog after searching for news of the fire in Beijing. Here is a link to the most complete news report I've seen yet (in Chinese):

Posted by Richard at 6:38 PM | Comments (0)

Attorney Scam -- Bank Checks from East Asia and

Very briefly this morning, another article on the scam affecting American attorneys, originating in "East Asia."

"I've had clients from Taiwan and Hong Kong who I've never laid eyes on, and collected unclaimed property for them without any trouble," Sack said. But when a call to Citibank proved this check was invalid, Sack called Eagle Power Equipment. He said he got a laugh from that company's controller, who said he was not only not paying any debts to Tomen, but that he'd been getting calls from small firm lawyers across the country.

Not sure I understand the first sentence. Think I get the middle part. Amazed to read the final sentence. How many "small firm lawyers across the country?"

Posted by Richard at 2:10 PM | Comments (0)

February 7, 2009

Reverse Discrimination Alleged -- White Executive Terminated by Japanese Company

Van Etten v. Mitsui, 09-cv-1071, brought in Federal Court in Manhattan, alleges that the Japanese company practice of installing a "glass ceiling" above which only Japanese may rise constitutes an unlawful practice of discrimination. [Download the complaint..]

“Mitsui USA and Mitsui Japan have a strict policy requiring that the top positions and virtually any position managing personnel at the company be filled by the all Japanese/Asian staff,” according to the complaint.

Japanese routinely informed me, working in Tokyo and Osaka in the 1980s, that no Gaijin would ever be permitted to manage a Japanese. One Englishman, fluent in Japanese with Japanese wife, had spent 20 years with a major local securities firm. He was promoted to Senior Manager of his department with its one direct report-- himself.

Only within the past 10 years has this taboo been broken in Japan. In 2005, Sony, where I once worked, appointed Howard Stringer as top dog, raising hackles throughout the rank and file. And Sony is regarded within Japan as a company which routinely breaks new ground in HR practices.

However, this suit alleges a glass ceiling in Japanese companies operating in the U.S. Sad to say, I have no recent personal experience directly on point here, i.e. in the U.S.. But, it is, at first glance, an entirely believable claim, based on strongly-held cultural ideas and traditional practices.

Is the executive management of Mitsui and its subsidiaries in the U.S. entirely Japanese? Does the plaintiff speak Japanese? How will the plaintiff prove an unspoken rule -- a silent convention, as it were -- that may no longer be applicable in Japanese companies in the United States? Let's keep an eye on this one.

Posted by Richard at 1:28 PM | Comments (0)

February 3, 2009

Protectionist Policies in the Third World -- India Bans Chinese Toy Imports for Six Months

India's Directorate of Foreign Trade announced last week a temporary ban of six months on Chinese toy imports.

The Toys Manufacturers Association of India said it was pleasantly surprised by the decision of the Commerce Ministry to prohibit shipments of cheap toys from China.

Love that: "pleasantly surprised." Of course, it's all because of safety and quality concerns (heavily spiced with patriotic protectionist sentiment of the industry).

"You see Chinese toys everywhere. The good, upper-end toys are made in India, but the cheap toys in the street and small shops were being dominated by them. They are bringing in toys without safety norms," he said.

This may amount only to another inning in the game of international trade hardball these two nations have played over the past 15 years. Or it may be a harbinger of protectionist policies -- WTO be damned -- that may spread throughout the Third World. We now hear popular echoes -- ones heard and ignored for years -- redoubled in the U.S.

More than half of all Chinese toy exporters are reported to have closed their doors in 2008. Chinese toy exporters who've recently shipped product to China now find their inventory aboard ship unable to offload in Indian ports and probably unsaleable.

“虽然印度不是我们出口的主要国家,但影响肯定存在,特别是对企业士气的消极影响。”中国玩具协会副会长郭卓才表示...“
[Editor's Translation: "Although India is not one of our primary export nations, the effect will definitely be felt, especially a negative effect upon the morale of our enterprises," said Guo Zhuo-cai, the Vice-Chair of the China Toy Association...]

The smaller Chinese factories with overflow and lower quality goods are more likely to suffer from the Indian ban. But protectionist sentiment may have taken root in the Third World. Watch it grow throughout those nations -- indeed, we may see a Chinese response in kind, not simply the bureaucratic nonsense of a WTO dispute China has threatened to lodge.

Posted by Richard at 1:49 PM | Comments (0)

 
Home Depot Buyer Convicted in International Kick Back Scheme -- and What an Old Scheme It Is!,
Yale Asia Tomorrow Conference: Text of Asiabizblog Editor's Comments,
Malaysian Loan Sharks, 地下錢莊 and Making an Offer the Debtor Can't Refuse,
China Proposes "Super-Sovereign Reserve Currency" to Eliminate the Middle Man,
EVENT: ABA Washington DC -- China 2009: Gazing into the Crystal Ball,
Asiabizblog Editor to Speak at March 28 Yale Conference,
Tokyo Gumshoe -- That Company Simply Doesn't Exist!,
EVENT: Chicagoland China Business Seminar,
Watch LIVE Webcast of Alibaba CEO Jack Ma at Asiabizblog,
Chinese Export Volume Falls Off the Proverbial Cliff,
And One More Attorney Scam E-mail -- The Last One, I Promise!,
Tax Reform on Foreign Profits of Multinationals Coming To a Government Near You?,
Fiddler on the Roof in Japanese -- Really!,
Another Attorney Scam E-Mail Purportedly from China,
China: A Couple of Former Billionaires, Fraud, Bribes, Prison,
van Etten v. Mitsui -- A Few Hackles Raised on First Reading,
For Your Review: Reverse Discrimination Complaint, van Etten v. Mitsui, 09 cv 1071, SDNY,
EVENT: ABA International Section China Committee Mixer in Shanghai,
Japanese Bar Cracks Down on Foreign Attorneys,
Massive Fire in Rem Koolhaas Designed Mandarin Hotel Structure,
Attorney Scam -- Bank Checks from East Asia and,
Reverse Discrimination Alleged -- White Executive Terminated by Japanese Company,
Protectionist Policies in the Third World -- India Bans Chinese Toy Imports for Six Months,
On Again, Off Again (Repeat) -- The "Bad Bank",
US to Implement Chinese-Style Toxic Asset Buy,
Indian Migrant Workers in Dubai Drive to Airport, Leave Keys in Ignition and Fly Away,
Watch Out! The Email Scam Some Attorneys Fall For,
Here We Go Again! New U.S. Treasury Secretary and Manipulation of the RMB,
Transparency in the U.S. -- Who Can Now Say the Chinese Government is Opaque?,
The Trade Surplus: Will China, Like Garbo, Continue to Plead: "I Vant to Be Alone?",
A Treat -- The Markopolos Madoff Letter to the SEC,
1 in 5 South Koreans Living in China Have Left,
Electric Power Generation No Longer a Growth Industry in China?,
"It's China's Fault," say American Economists,
Happy Holidays from Asiabizblog!,
Rising Tide of Feeling Against China and Chinese Imports,
VIDEO EVENT: Dr. Eileen Wibbeke on Global Business Leadership,
U.S. Commerce Dept. Waves Goodbye to the Export License VEU Program,
Direct Ocean Cargo Shipments Between Taiwan and Mainland China Now Permitted,
Steep Drop in China's Foreign Trade,
Audio Event: Chinese Advertising with Kevin Swanepool,
Chinese Front Companies and Export-Controlled Purchases,
Video Event: Chinese MIgrants Return to Countryside,
ALERT: American Companies in China: US to Redouble Enforcement of Foreign Corrupt Practices Act:,
Video Event: The Onion Speaks on the Chinese Court System,
Chinese Government Tells FDA To Enjoy Its Wonderful Vacation Spots,
Another "So What?": American Food and Drug Administration Announces the Establishment of an Office in Beijing,
Another, Yet Another Email Scam Targeting Lawyers,
The Chinese "Stimulus Package" -- A Few Notes from a Political Economist,
FDA Issues Blanket Detention Order of Certain Products From Chinese Manufacturers,
Auto Bailout, Financial Bailout, What Next?,
World Bank Chief Asserts World Trade Has Fallen,
Yawn! Another Attorney Scam-mail with Webpage for Effect,
More on Closing Chinese Factories,
Off-topic: Electronic Voting Machine Our Next President,
Audio Event: Retail in Vietnam with Giles Cooper,
Melamine and the Chinese Academy of Sciences?,
Video Event: Robert Adanto's "The Rising Tide" -- Chinese Video Artists,
More Reports of Chinese Factories Shutting Their Doors,
Audio Event: an Interview with China Law Scholar and Practitioner, Stanley Lubman,
CITIC Pacific's Great Big Bet (Bath) -- Who Else Is Next? China Railway!,
China's Economic Growth 9% in Third Quarter And Dropping,
CITIC Pacific Loses $1.89 Billion in Bad Betting on Currency,
Impact of the Credit Freeze on International Shipments -- Where's the L/C?,
Alabama Company Cuts Production in China, Brings Work Back Home,
Another Attorney Scam -- India, China, Japan, This One's Got It All,
More Chinese-Style Financial Steps Planned for American Banking System?,
ABA Hiring for the Rule of Law Initiative, China Program,
Fed to Set Up Special Purpose Vehicle to Purchase Bad Debt,
IRS Allows Multinationals to Borrow Larger Sums of Cash from Overseas Subsidiaries,
North Korea on Google Earth,
US Requirement of Cervical Cancer Vaccination for Immigrants Stirs Up Backlash,
UPDATE: Chinese Regulators Give Green Light to Borrow from Foreign Banks,
Yet Another Email Scam Targeting Lawyers: A Different China Twist,
AIG Turns to Asia-interest Blogs In Media Relations Program,
Rumor: China Banking Regulators Tell Local Banks Not to Lend to U.S. Banks,
Doing Business with North Korea Seminar To Be Held in Beijing,
U.S. to Employ Chinese-style Financial Regulatory Techniques,
US University Researcher Convicted of Export Violations -- with a China Connection,
China Investment Corp. Offers to Raise Stake in Morgan Stanley to 49%,
3 Chinese Banks Hold US$297.4M in Lehman Debt,
Lehman Brothers -- Many Asian Banks Among the Top 30 Creditors,
Prestigious Sponsorships and Exhibition Opportunities at the ABA Section of International Law Conference, Spring 2009,
Thank you, Ladies and Gentlemen, I'll be here until Doomsday -- Jokes from Pyongyang,
Making Money in Pyongyang -- This is No Hallucination,
Is Kim Jong-il Dead?,
Event: Chinese Investment in Europe,
Rich Kuslan Available for Speaking Engagements: China Speakers Bureau,
合夥做生意最好白紙黑字 -- An Article in Chinese for the World Weekly,
Ambassador's IPR Roundtable, Beijing -- Date Announced,
American Bar Association Gives Go-ahead to Legal Outsourcing,
Scam on Attorneys Claims U.S. Victim,
Technology Heads-up -- An Interview with Wayne Turmel,
Famous Chinese Film Director: Western Workers are Lazy -- Podcast,
Famous Chinese Film Director Expresses Commonly Held Opinion of Western Workers: Lazy! Therein Lies a Lesson for Business Managers,
Work in China Job Sites -- Podcast,
Work in China Job Site -- NewChina Career,
Asiabizblog Announces Podcasts to Return in Fall,
Reach Out and Touch Someone: China's Metals Traders Touched by U.S. Agency Fine,
The China Downturn Bandwagon,
German Companies Planning to Pull Production Out Of China,
Event Reminder: Chinese Income Tax Online Seminar,
Family Ties and the Chen Liang-yu Scandal,
Event: China's Corporate Income Tax -- Online Seminar,
Private Equity Funds in China -- Boom or Bust or Just Beginning?,
Recent China-related Enforcement Activities of the Bureau of Industry and Security,
Library of Congress Includes Asiabizblog in its Historic Internet Collections,
RMB Freely Bought and Sold on Taiwan as of Today,
Fright of the Day: Justice Breyer Argues Value of American Judges Consulting Foreign Law,
EU Grant Opportunity for Training and Research in China,
Chinese Pirates in Spanish Waters,
Chinese Corruption and School Construction -- No Longer A Suitable Media Topic,
Direct Flights from Taiwan to Mainland China,
Football Really Means Something in Texas,
First-hand Account from Chengdu,
大地震前四川美景 -- Photos of Sichuan Before the Earthquake,
Gray Market Imports -- Recent U.S. Court Ruling,
Teach English in North Korea!,
New York Times At It Again: This Time, The Sichuan Earthquake,
Martin Luther King Statue Built in China Must Be Reworked,
Bus Explosion on Shanghai Street,
An Old Scam, But with a Twist -- China,
Sensitive University Research and Export Control Laws,
Shipping Container Shortage in the United States -- What Gives?,
A Little Black Humor Never Hurts,
Guest Post: Security, Chinese Imports and American Ports: the Current Status of the American C-TPAT Initiative,
Avoid Easter Eggs -- Lead Paint Contamination Likely,
美國聯邦討債法規與個人的權利 (Part 2): 商業債,
Currency Redux, Again,
Two New (Free) Publications from FLJS,
美國聯邦討債法規與個人的權利 (Part I):消費債,
WTO Rules against China in Auto Parts Dispute,
It's Not Outsourcing!,
Federal Indictments in the "Melamine in the Pet Food" Scandal,
Legal Outsourcing -- Several Ethical Dilemmas,
Legal Outsourcing to India and Its,
Job Posting,
Illegal Securities Activities Targeted in New Year's Regulatory Action,
Editor Profiled By World Journal (世界日報),
Not China, But a Marketing Technique Worth Reading About,
The Seductive Strains of the China Bandwagon,
Recommended Blog: China's Scientific and Academic Integrity Watch,
Treasury Secretary Paulson: China is Not a Currency Manipulator,
Avoid Chinese Farmed Seafood Products,
FDA Inspectors Embedded in Chinese Food Production System?,
And Wahaha Laughs...,
Fairclough Visits Chery Factory,
Law and Religion: A Western Perspective on China,
Demands for Currency Revaluation Ad Infinitum,
Guest Analysis: Yunnan Province and the Hukou Registration System,
Diamonds for the Chinese Masses,
Chinese Chemicals Flow Unchecked to Market -- New York Times Investigative Piece,
Event: Public Reason and the Harmonious Society: The Future of Political Theory in Cross-Cultural Perspectives,
China Plans CCP Branch in Space,
Judicial Independence -- When Local Authorities Pay the Judiciary Scant Attention,
Audio: Republicans Reject Free Trade and China Takes a Hit,
U.S. Republicans Reject Free Trade -- China Takes a Hit,
Who Will Apologize Next?,
Announcement: IP Rights in China Roundtable,
Mattel Apologizes to China!,
Flying The Communist Skies: Air Koryo To North Korea,
Chinese-Made Condoms Fail to Stimulate Confidence,
Beijing: Analysis of a Left Turn, beijing traffic
China Law Reporter Looking for Articles,
Kiwis Say "Blow Me Down! Poison in Kids Clothing From China?",
Registration and Enforcement of IP Rights in Korea: A Brief Introduction (Part 4),
Audio: Baby-bibs Made in China Test Positive for Lead,
Baby-bibs Made in China Test Positive for Lead,
Registration and Enforcement of IP Rights in Korea: A Brief Introduction (Part 3),
Mattel's China Toy Subcontractor Commits Suicide?,
Registration and Enforcement of IP Rights in Korea: A Brief Introduction (Part 2),
Registration and Enforcement of IP Rights in Korea: A Brief Introduction (Part I),
2007 Angel Investor Conference in Beijing,
Price-Fixing in China? Case-in-point: the Aluminum Industry,
Humble Request for a Translation,
What Happens When Your Chinese Supplier Says: Sure, Go Ahead, Sue Me!,
Citibank and the City of Wuhan: Struggling on the Banks of the Yangtse,
The AFL-CIO and Chinese Unions,
Guangdong Court Applies Hong Kong Law in Commercial Lease Dispute,
Comments: A Note to Readers,
A Link to Martin Wolf on "the Strange World Economy",
Danone Sues Wahaha -- Accuses Partner of Parallel Operations,
Accurate Valuation of China Stocks 65% Lower?,
China Rejects U.S. Food Imports!,
Check Your June Issue of the ABA Journal,
China CSI 300 Index Plunges 7.7%,
China Tells the World Its Food Exports Are Completely Safe: Guaranteed! FDA Confiscates Six Tubes of Poisonous Chinese Toothpaste in the U.S.,
Why Rob When You Can Invest?,
Stock Transfer Tax Triples -- China Finance Ministry to Stock Market: We'd Like a 15-20% Correction?,
Conference in Beijing: U.S.-China Trade: Legal and Policy Issues and Opportunities,
Audio: Wu to Paulson - Stuff it!,
Wu to Paulson: Stuff It!,
Hold the Presses! FDA Stops Imports of Chinese Toothpaste,
US Treasury Secretary Critical of the Home Crowd, the new Trade Winds and more...,
US Treasury Dept. Efforts Move Exchange Rate by 67%! Melamine in the Pet Food, Trade Talks and More,
Chinese National Anthem to Reflect Revolutionary Fervor? No, Investment Fever!,
China To Allow Bank QDII Investment in Foreign Stock Markets - with Conditions,
Say What? Unintelligible Chinese from American Companies,
Two China IPR Webinars This Month,
Audio: Pet Food? What About Human Food?,
Pet Food? What About Human Food?,
Is What You Read About China Remotely Reliable?,
American Bar Association To Hire a Program Officer in Beijing,
Is What You Read About China Remotely Reliable?,
Japan Critical of American Beef Exporters - And Therein Lies the Lesson,
April Fools Day Audio: Confucius Prints His Namecard,
Audio: Hey, China, Listen Here!,
Hey, China, Listen Here! We've Just About Had It With You! (Again),
More on American Law Firms Chasing Chinese Business,
Sheppard Mullin's China Saga Beginneth,
Guest Column: China Adopts New Franchise Regulation,
New Chinese Agency to Invest Currency Reserves,
U.S. Treasury Secretary Speaks on Chinese Financial System,
Audio: More on the Stock Sell-off. Is This a Who Dunnit?,
More on the Chinese Stock Sell-off. Is This a Who Dunnit?,
China Stock Market Drops 9%,
Another Chinese Super(business)man?,
Uh, oh. A New Enemy.,
More on the Value of the RMB,
U.S. Treasury's New Point Guard for Economic Talks with China,
The Chinese on the Business Acumen of the Jews,
Pan Shi-yi Invokes Deng Xiao-ping in Criticism of Land Ownership Controls,
U.S. Treasury China Personnel Change: Adams Leaves Office,
Once More, Paulson Again Restates American Position on Renminbi Revaluation, For A Further Time, Anew...,
Positions Available: IPR Attorneys, US Embassy and Consulates in China,
Event:: Hong Kong Legal Developments with Former Solicitor-General Daniel Fung,
You See? The Money Was There All Along...,
Event: Civil IP Litigation in China,
Money-making Schemes in Chinese Journalism,
Macao Gambling Revenue Tops Vegas Strip,
China, Corporate Bonds and Weakness in the Financial System,
Shangai Bribery Case May Entangle Western Corporations,
Audio: Who's Not Making Money in China?,
Who's Not Making Money in China?,
Taiwan Gives Go-Ahead to 0.18 Micron Chip Investment in China,
Money Laundering in China: The Case of Huang Guang-rui (Part 3),
China Blocks Access to Asia Business Intelligence Weblog,
Audio: Renminbi Redux - Have They Begun to Circle the Wagons,
Renminbi Redux: Have They Begun to Circle the Wagons?,
Chinese Restrictions on Investment,
Money Laundering in China: The Case of Huang Guang-rui (Part 2),
Money Laundering in China: The Case of Huang Guang-rui (Part I),
Audio: Have They Begun to Circle the Wagons?,
Have They Begun to Circle the Wagons?,
Event: Business Law Discussion in Beijing,
China Shuts the Door on Foreign Investment in TV,
Carlyle CEO Comments on Private Equity and China,
China Revises M&A Regulations Affecting Foreign Purchasers and Domestic Targets,
Excitement and American Business Culture,
A Few Thoughts on Excitement in American Business Culture,
Audio for Our Two Most Recent Posts,
US Officials To Embark on Magical Mystery Tour,
Guess What? New Rules!,
The Cost of Free Trade in China: Corruption and the FCPA,
The Cost of "Free Trade" in China: Corruption and the FCPA,
The Vast Chinese Archive of Unexecuted Judgments,
The Vast Chinese Archive of Unexecuted Judgments,
ICBC and the World's Biggest Swinging Bank Award,
ICBC and the World's Biggest Swinging Bank Award,
Chinese Patent Owners in U.S. Courts,
IBM Moves Division HQ to Shenzhen,
Event: Bilateral Investment Treaties and Political Risk Insurance,
Audio: Pirated Editions and American Copyright Law: Part I,
Pirated Editions and American Copyright Law: Part I,
Event: International Arbitration in China -- To Be Held in Chicago,
Event: A Panel Discussion on China's New Bankruptcy Law and Distressed Investment Market,
Dell Loses China Trademark Suit,
EVENT: COMMERCE OFFICIAL SPEAKS ON CHINA IN MANHATTAN,
Reflections on Transitions in Japanese Business Practices from the Bubble Era to Today (Part III),
New Proposed U.S. Export to China Regulations Webinar,
New PRC Foreign Investment Regulation,
Reflections on Transitions in Japanese Business Practices from the Bubble Era to Today (Part II),
"How Do I Get to China?",
,
White & Case Article on Chinese Stocks,
Reflections on Transitions in Japanese Business Practices from the Bubble Era to Today (Part I),
Excerpt from CCH Hong Kong's Article: A Brewing Revolution Against Foreign Law Firms in China,
Guest Column: Japan Ruling on Merit-Based Compensation,
Uh Oh! (Redux),
Event: Will Your Representative Office License Be Cancelled?,
Introduction to a Japanese Legal Blog,
Event: Chinese Publishing and IPR, NYC,
Event: Arbitrating Chinese-Foreign Business Disputes,
Sino-British Joint-Venture Dissolved for Rudeness?,
AUDIO: Introduction to Intellectual Property Rights in China,
A Brief Introduction to Intellectual Property Rights in China,
ABI Podcast Downloads More Popular Than Ever,
Announcement: World Trade Week NYC,
Study: 60% of Chinese Ph.D. Candidates Admit to Plagiarism, Bribery,
Audio: Ernst and Young Retracts China Bad Loans Report,
Ernst and Young Retracts China Bad Loans Report,
The Continuing Chinese Attraction for Reverse Mergers,
Food and Beverage Franchising Study Available,
China Allows Yale to Invest in the Chinese Stock Market,
Event: Hong Kong and the Two Systems Model,
Further Restrictions on Media,
Audio: Remarks to the ABA Conference,
Remarks at the ABA, Section of International Law Conference,
ABA Speaking Engagement, April 6, NYC,
Yours Truly, Interviewed,
Request for Articles,
Audio: Not Made in China -- Another Danish Cartoon Scenario?,
"Not Made in China" -- Another Danish Cartoon Scenario?,
Event: Technology Investment in China,
The Incredible Vanishing Credit Card,
Audio: Translation Challenge,
Translation Challenge: "Never Give a Sucker an Even Break",
Chinese Banking Reform - Another Perspective,
Audio: The Seed That Caused a Tidal Wave,
The Seed That Caused a Tidal Wave,
Are Some Chinese Going Nuts?,
Event: Door to Door Selling, The Legal Aspects,
Revisions to the Chinese Company Law,
Shanghai Event: Anti-Monopoly Law in China,
Audio: Irrational Exuberance 5, or, Says Who?,
Irrational Exuberance 5, or, Should You Enter the China Market?,
Chinese Business and the "Legal Netherworld",
The Regulatory Framework for the Financial Services Industry,
Irrational Exuberance,
Comments Re-Enabled After Lengthy Hiatus,
Washington, D.C. Event on IP and Piracy in China,
Audio: A Handsome Bit of Documentation,
A Handsome Bit of Documentation,
Audio: Irrational Exuberance 3, or, Where's the Beef?,
Where's the Beef?,
Shanghai Event on the Foreign Corrupt Practices Act,
Audio: Irrational Exuberance 2, or, What Do You Wish to Accomplish?,
Irrational Exuberance 2, or, What Do You Wish to Accomplish in China?,
Irrational Exuberance in a Chinese Perspective, or, Should You Be Doing Business In China?,
ANNOUNCEMENT: IPR Conference in Guangzhou,
Audio: New Anti-Money Regulation in the PRC,
New Anti-Money Laundering Regulation in the PRC,
Guest Column: Share Options Give Market a Boost,
Audio: The Chinese Yuan Revaluation Scheme,
The Chinese Yuan Revaluation Scheme: When An Offer of Appeasement is a Veiled Threat,
China Removes Yuan Peg,
Audio Update: Foreign Investment in "Local" Radio and TV,
UPDATE: Foreign Investment in "Local" Radio & TV,
ABA Event: Employment Issues in China,
Audio: Chinese Oil Rigs and Crews in Colorado,
Chinese Oil Rigs and Crews in Colorado,
Enforcing a Judgment in China,
ABA Sponsors China Business Webcast and CLE,
Dale Oesterle on CNOOC-Unocal,
Audio: More Confusion For Chinese Share Sell-off,
More Confusion for China Share Sell-off,
Audio: Greater Legal Assurances?,
Greater Legal Assurances for Cross-Straits Transactions?,
Greenspan and Snow Duke It Out Before a Cantakerous Senate,
Audio: 42 Companies Named to State Share Plan,
42 Companies Named to Sell Off State Shares,
Guest Column: Sam Park on the Fed,
Audio Update: Plan to Sell State Shares,
UPDATE: PRC PLAN TO SELL OFF THE STATE'S INTEREST,
Audio: Taiwanese Court Recognizes PRC Judgment?,
Taiwanese Court Recognizes PRC Judgment?,
Shanghai Event: Interpreting the NDRC Rules,
Event Announcement: IP and Piracy in China,
UPDATE,
Background to Danger,
Fakes,
Late-breaking: U.S. Warns China On Currency,
Event Announcement: Congressional-Executive Commission on China,
The Plan to Sell State's Interest in the Chinese Stock Markets,
Japan, George Costanza and Valentine's Day,
Courtesy at the Crosswalks,
New Regulations Curtail Individual Outbound Investment,
India Trade, Investment and Outsourcing Conference,
Investment Discussion Panel To Be Held in Shanghai,
China Environmental Business Newsletter,
The Changing Value of "Guanxi",
Where Would You Like the Comma Placed, Sir?,
China's Crescendo,
Jumping Into the Abyss,
Dealing with Greenspan¹s Conundrum,
UPDATE: RESTRICTIONS ON MEDIA INVESTMENT,
Chinese Management -- Beyond Garbage In, Garbage Out,
Is It All That Rosy for Media Investments?,
Who Owns the Equity in Chinese Listed Companies?,
Prior Posts Still Available at Salon,
FDI Way Up -- China's Stock Markets Down,
Two China Business Events in New York City,
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