February 2017

Digitally Dominant Corporations

By Glen Whelan.

On Friday the 26th of January, Denmark’s foreign minister Anders Samuelsen announced that Denmark is to appoint the world’s first ‘digital ambassador’. In an interview with Politiken, and as reported by The Local, Samuelsen explained the decision by noting that digitally dominant “companies like Google, Apple and Microsoft ‘affect Denmark just as much as entire countries… These companies have become a type of new nation… and we need to confront that’”. Whilst Samuelsen was careful to note that Denmark “‘will of course maintain our old way of thinking in which we foster our relationships with other countries’”, he emphasized that “‘we simply need to have closer ties to some of the companies that affect us’”.

A Contentious Trend

Whilst Denmark appears to be the first country to so formalize relations with digitally dominant corporations, the conceiving of corporations as being state like is not particularly new. In 2016, for example, Foreign Policy magazine named Google as its ‘Diplomat of the Year’ due to its “digital diplomacy” and its “empowering citizens globally”. And approximately ten years prior to this, there was a spate of works suggesting that multinational corporations were beginning to take on increasingly state like responsibilities for individual citizenship rights, and that it was multinational corporations that were the new Leviathans of our time.

This trend to conceive of states and corporations as being on something like an equal footing, however, has often been criticized. Forbes contributor Emma Woollacott, or example, chastised Samuelsen for implying that if an organization amasses enough money, then it can “get a government to give… [it] not only special attention but a unique political status”. She thus suggested that whilst “appointing a senior official tasked with negotiating with tech companies makes a lot of sense, equating those companies with nations sets a rather worrying precedent”. In echoing what is now the decade old claim that corporations would likely seek protection “against arbitrary interference and expropriation by governments” for taking on ‘governmental’ responsibilities, Woollacott worries that equating corporations with governments will simply increase the power the former have over the latter.

A Symbolic Turn

In contrast to such normative concerns, Copenhagen University’s Martin Marcussen suggests that the Danish government’s planned appointment of the world’s first digital ambassador will be little more than symbolic. According to his understanding of the Foreign Ministry, “the ambassador will get an office, practically consisting solely of that individual. He or she will… be able to travel around, but it’s just one person, so one can’t expect too much’”.

In and of itself, this statement is difficult to argue with. Nevertheless, it risks obscuring the digital ambassador announcement’s important, albeit largely implicit, suggestion, that it is not corporate power in general that we need to be wary of, but the power of high-tech digital corporations in particular. The first point to take away from recent developments, then, is that the Danish government’s recognition that digitally dominant corporations have a significant impact on the life of Danish (and other) citizens is well founded.

The second and more important point to take away, however, is that we risk misunderstanding the uniqueness of such impacts by trying to conceive of digitally dominant corporations as governments, or by conceiving of their unique political status as arising once governments recognize them as ‘equals’. Indeed, the unique political importance of such digitally dominant corporations is clearly diminished by such an equating.

In other words, when we equate digitally dominant corporations with governments, it tends to take attention away from the fundamental, multitudinous, and technologically informed, ways, in which they (indirectly) shape what we consume, discover, experience, forget, and remember, on a daily basis. If Denmark’s digital ambassador announcement helps us recognize as such, then it will prove to be a very good thing.

Glen Whelan is Governing Responsible Business Fellow at Copenhagen Business School and Social Media Editor for the Journal of Business Ethics. He’s on twitter @grwhelan and @jbusinessethics.

Pic by cea +, Flickr, edited by BOS

US versus Him

By Catarina Pessanha Gomes.

The past months constituted the culmination of a sequence of events, completely unthinkable even one year ago. These events led to the inauguration of a man that many consider unfit for its position, a man demonstrating unprecedented levels of intolerance, bigotry and racism, a man questioning the foundation of our political system, separation of powers, free press, equality of rights, one tweet at the time.

Like many of us, my heart has been hesitating between a deep state of anxiety for its future decisions and a slight nausea when looking at its proclamation as Time’s person of the year. Yet, this got me thinking about the incongruity of reducing a whole sequence of events, times, peoples and places to a single individual, a troubled reflection of the individualistic tendencies of our societal and political system. While not dismissing the reality of asymmetrical power relations, the emphasis of this post is placed on the anonymous mass, the hidden collective power often forgotten by our political system, but also in our academic fields.

The common, collective, anonymous power is often left unstudied at the profit of the single individual, be it the President, the CEO or, in my academic field, the entrepreneur. Hence, I decided to put aside the overwhelming amount of research focusing on the personality of these special, heroic individuals, constituting a popular narrative of uniqueness and success, focusing instead on organizational studies calling for a comprehension of entrepreneurship in its everydayness, as a societal process with multiple actors and stakeholders rather than an individualistic phenomenon.

The sociologist Richard A. Peterson and Pardo´s studies open the door for considering entrepreneurship not as a special person or situation, but as an action commonly shared that can occur anytime. In this regard, the latter put forward a perspective on entrepreneurial moves through which citizens, here the popolino of Naples, create new possibilities in life, situating entrepreneurship beyond formal economy. Recognizing this collective entrepreneurial action is the first step towards serious political changes, as our democratic system needs to be modified to recognize, listen and integrate this common potential in the political game as a legitimate form of power.

Lyotard states that the world is composed of events giving rise to multiple interpretations, and maybe I really needed a new storyline to help me cope with the current events; maybe I could not make sense of Donald Trump as the final expression of what our society can produce. Nevertheless, for the next four years, I will keep in mind that politics also lies on the everyday, collective power that change society in the shadows, the men and woman giving a hand, creating, collaborating, in organizations or in the anonymity of their own houses, making “US” the people of the year, one action at the time.

Catarina is a PhD Fellow at the Department of Management, Society & Innovation at Copenhagen Business School. Her PhD project investigates partnerships between social entrepreneurs and public institutions, with a particular focus on how social entrepreneurship can be institutionalized.

Pic by the Office of the President of the United State

Trumpism: On the road to state capture?

By Hans Krause Hansen

The inauguration of Donald Trump as President of the U.S. has caused widespread concern. On the long list of worries is Trump’s approach to corruption. With his business empire including hundreds of legal entities across the world, conflicts of interests will pile up.

Corruption is about office holders’ misuse of public office for private or organizational gain, and it has a wide reach. Grand corruption involves the collusion of networks of economic and political elites across national borders. Powerful corporate actors make business deals with political and administrative leaders at various levels, if not directly, then through intermediaries. While always difficult to document due to the secrecy of the deals, we only need to recall the Oil-For-Food and Siemens scandals to confirm that such things indeed take place on a massive scale.

Historically the U.S has suffered from various forms of grand corruption, like any other country. But U.S. governments have also come to play an important role in attempts to curb it. The country pioneered the prohibition of corporate bribery of foreign public officials, and many countries have followed suit. U.S engagement in anti-corruption, and anti-corruption itself, has been subject to controversies. But there is growing acknowledgement across the world of the damaging effects of corruption on economic affairs and trust in political and administrative institutions. Human rights, security and the environment are all affected negatively by corruption.

What are the policies to expect from Trump and his new administration on these matters? Of course we don’t know yet, but there are certainly issues to keep an eye on in time to come.

Conflicts of Interest

During the electoral campaign and as president–elect, Trump waged a war against corruption. Framed in the now well-known Trumpian elite vs. people metaphoric, its primary target was the Washington establishment.

But there are good reasons why Trump better begin to clean up his own house. Just before inauguration Trump explained his plan for how to separate his business empire from the work to be undertaken from the Oval Office. His decision not to create a blind trust for his assets, as well as the appointment of his closest relatives to run the Trump Organization instead of an independent board have been met with widespread suspicion Even from those who speculate it’s unfair that entrepreneurs involved in public life can ultimately be required to liquidate their business have lamented the absence of arms length.

So too has the general lack of transparency in Trump’s tax returns. Two days after his inauguration, WikiLeaks tweeted that “Trump’s breach of promise over the release of his tax returns is even more gratuitous than Clinton concealing her Goldman Sachs transcripts.” The organization has called for someone to blow the whistle.

Walter M. Shaub, Director of the U.S. Office of Government Ethics has stated that Trump’s plan for avoiding conflicts of interest “does not comport with the tradition of our Presidents over the past 40 years.” Since the Watergate scandal, maintaining business while in office has been seen as ethically irresponsible and against the law. Moreover, it sets a very bad example: “The signal a President sends set the tone for ethics across the executive branch. Tone from the top matters.”

Following his statements, Shaub was called to testify before lawmakers in the House of Representatives, a step seen by many as a threat to his office.

The Emoluments Clause

With his family running the business empire, the President will of course be able to interfere directly in it. But he can also come under unduly influence of foreign powers, some of whom may already be enmeshed in it.

But the U.S. Constitution, as well as federal statutes that address nepotism, bribery and so on, forbid office holders to accept presents and other services from foreign powers. Legal scholars have discussed why and how in a recent study of the so-called Emoluments Clause of the U.S. Constitution. While many transactions between the Trump empire and foreign powers will probably not involve “actual impropriety”, it is “a virtual certainty that many would create the risk of divided or blurred loyalties that the Clause was enacted to prohibit.” In a situation “when there is overwhelming evidence that a foreign power has indeed meddled in our political system, adherence to the strict prohibition on foreign government presents and emoluments ‘of any kind whatever’ is even more important for our national security and independence.”

State capture

So the fear is not only that Trump’s business liabilities may affect how he deals with the banks to whom he owes hundreds of millions of dollars in debts, but also how he will approach foreign countries that become business partners or seek special favors. Worst case, Trump’s presidency may lapse into state capture, a term referring to the systemic corruption of business and politics relations. Individuals, organizations and interest groups, domestic or foreign, can come to have disproportionate influence over policies and regulations emanating from the Oval Office and the administration.

Tools for state capture include the buying of laws and decrees, illicit or disproportionate contributions to political parties and groups, manipulation with electoral processes, illegitimate lobbying and revolving door commitments, and not least, through friendship, family ties and intertwined ownership of economic assets. State capture has many facets. It is often related to the illicit financial flows characterizing particular industrial sectors with profound economic and political power asymmetries. Some sectors are high risk, such as the extractive industries.

State capture and its associated processes of favoritism, bribery and blackmailing will need much more attention in the future. Especially the recent mobilization of digital technologies, hacktivism and cyber wars in the election of Trump draw attention to the increasing sophistication of the tools being used. The unknowns of Trump’s business ties to geopolitical adversaries and allies across the globe, together with the skillful use of digital technologies to manipulate global publics, will hopefully prompt investigative journalists and researchers to scrutinize what is going on and what to do.

Adiós FCPA?

A final set of speculations focuses on Trump’s stance towards the U.S. Foreign Corrupt Practices Act (FCPA), a legal cornerstone in the history of international anti-corruption. The FCPA was signed into law in 1977 after the Watergate scandal. It has extraterritorial reach and prohibits U.S. corporations from bribing officials of foreign governments in order to obtain business. The FCPA has inspired legal initiatives elsewhere, including the recent U.K. Bribery Act and important international anti-corruption conventions under the auspices of the OECD and UN, amongst others. Anti-corruption efforts by the World Bank and the International Monetary Fund all echo various aspects of the pioneering FCPA, all of which tie into the much broader work of the world’s leading civil society organization on anti-corruption, Transparency International.

Since 2004, U.S Authorities have scaled up FCPA enforcement, targeting U.S companies and foreign companies. The FCPA is one of the key reference points for the increasing development and implementation of corporate compliance programs in multinational companies worldwide.

But will this continue? In 2012 Trump stated that the FCPA is “horrible law and it should be changed”, and also that it puts U.S. companies at a “huge disadvantage.” That fits with Trump’s preferences for U.S companies winning and his disdain for moral niceties.

However, let’s all take a deep breath when it comes to FCPA enforcement in the Trump Administration, as writes the FCPA Professor, a website that deals extensively with legal issues relating to corruption, anti-corruption and other interesting matters. The fate of the FCPA will depend on the more precise composition of the agencies responsible for the FCPA, bureaucratic inertia and a lot of other priorities. The FCPA Professor further notes there are probably “too many people making lots of money based on the current FCPA enforcement environment for FCPA enforcement to experience a sudden dramatic change.” Anti-corruption has become an industry, a profession, with lawyers, accountants, compliance officers and CSR consultancies making a living by providing expertise. No wonder that corruption has come to be seen as a risk to be managed, even by corporations themselves.

In conclusion, there are many reasons to be worried about what comes next from Trump in matters relating to corruption and anti-corruption. We are indeed in a phase of massive uncertainty and confusion, with unpredictability reigning, also in this area. Notable exceptions in the business of prophecy certainly do come around now and then, but not always for the good.

Hans Krause Hansen is Professor at the Department of Management, Society and Communication, Copenhagen Business School. He teaches and researches about various aspects of public and private governance, including corruption, anti-corruption and transparency regimes in the global North and South.

Pic by Chris Potter, Flickr

Redistributing resource rights in a resource-dependent economy: The case of the Faroese fisheries reform

By Árni Jóhan Petersen

The distribution of rights to natural resources is a complex and challenging task to solve because of the many stakeholders involved. At present, the Faroe Islands are in the process of reforming its fishing system, which undoubtedly will have a significant impact in a country where 95 percent of exports are fish products.

The case of the Faroe Islands can give us insights into how changes in the local economy unfold. The reform will not only change the local fishing industry but also the political landscape and the Faroese population.

Other countries in the region (e.g. Iceland, Greenland, Norway and Scotland) are observing the developments, as they could influence the constellations of their rights to natural resources. The topic is also of great relevance to academics and practitioners because of the economic, political and social challenges and opportunities that necessarily follow from such reforms.

Background

Since 1994 fishing rights in the Faroe Islands have generally been distributed on the basis of past performance (“grandfathering”). Licenses have typically be running for 10 years, but the 10-year period was typically deferred by one year, each year, whereby the licenses tended to become permanent. This led to capitalization, with licensed vessels changing hands for a price far exceeding the commercial value of the vessel.

In order to halt these developments the Faroese Parliament in 2007 decided to stop the annual renewal of the 10-year licenses, so that all existing licenses will expire by 1 January 2018. Thus far, less than a year before the expiry of the existing licenses, a new model has yet to be decided upon. However, the politicians in charge of the reform are now working hard in order to have a new system in place by 1 January 2018.

The Faroese government has required that a new reform should be market-based, and that recommendations for a reform should be developed within the political framework. Historical entitlement, or grandfathering, has been excluded as a possibility, and instruments like “beauty contests” are not to be considered in a new system. There are different opinions as to which solution is the most suitable – some of these will presented below.

I, however, will argue that a solution such as “beauty contests” might be a feasible strategy and that such as strategy could benefit society beyond future expectations – both economically and socially.

Historical entitlement to a market-based allocation of rights to fish the quotas

A commission appointed by the Minister of Fisheries, Høgni Hoydal, has argued that the political incentives of the reform are to maximize profits, increase public economic gains, and ensure that future fishing is environmentally sustainable. In doing so, the objective is to move away from the current grandfathering system to a more market-based system.

In October 2016, the same commission finished a report in which it recommends that a transition period (of, for example, 10 years) is introduced, meaning that rights will be recalled continuously over this period of time and subsequently distributed on market terms.

The commission’s report demonstrates a potential solution where fishing rights are to be divided into short term (1-year), medium-long term (5 years), and long term (10 years) licenses with a transition period of 10 years (2018-2027). 23 percent of the allotted quantity will be auctioned every year. The rationale behind this approach is based on the assumption that current companies in the fishing industry should have the opportunity to adapt to the changes caused by the new scheme while making sure that the industry will not be impaired in the meantime. With this model, the grandfather mechanism is partially preserved throughout the transition period.

Market-based: all rights recalled by 1 January 2018

Assistant Professor and Economists at the University of the Faroe Islands, Jóannes Jacobsen, who has been an active contributor to the debate on fishing reforms, prefers an alternative solution. He argues that all rights should be recalled by 1 January 2018, as already decided by Faroese legislators, and subsequently be distributed on market terms as short-term, small quotas.

The idea is to abolish the current system and establish a public auction where fishing rights are sold in as small as possible “packages” (e.g. every “package” equals one trip for one vessel). With such a system, all Faroese citizens will have the right to bid in on the auction for these fishing rights. This approach is based on three convictions:

1) It is democratically the best solution because every Faroese citizen has the opportunity to bid in, which is in contrast to the current system where political authorities distribute fishing rights to companies with authorized vessels.

2) It is the best solution in terms of economic gains, as both theory and praxis demonstrate that competition for production resources leads to improved commercial results.

3) It is a fairer solution because all Faroese fishing rights are “property of the Faroese people” (according to Faroese legislation), and that the Faroese people has the right of the market value of these rights. This is in stark contrast to the current system where rights are distributed to a few selected ship owners who have a “permit” to fish.

The ship owners and grandfathering

Needless to say, the companies currently involved in the industry would prefer to continue with the grandfathering scheme because it – according to the industry – facilitates long-term investments and innovation within the fishing industry. But, are there any alternative solutions that would encapsulate a broader preservation of all stakeholders’ interests? Or does it have to be one of the above-mentioned solutions?

Alternative solution (or supplementing elements)

Some solutions have not been assessed by the commission because of clear political incentives and requests for the framework to only consider purely market-based solutions. These market-based approaches are primarily concerned with optimizing and maximizing the economic benefits (e.g. highest bidder wins the rights), while other parameters are left out of the equation.

One supplementing solution could be to implement elements from a “beauty contest” (e.g. as used to regulate the Faroese oil industry) where companies bidding on fishing rights are obligated to abide by certain preconditions set prior to the auction.

Beauty contests in the Faroese fishing industry could be stakeholders bidding on other societal benefits. The licenses for oil explorations in the Faroe Islands were not auctioned, but administratively assessed by the competitors’ exploration scheme (e.g. commitment to safety, environment, shoot seismic and drill exploration wells), and their incentives to improve development progress of the Faroese industry in general (e.g. allocating resources for education, innovation and research etc.).

One of the more relevant considerations is the equitability of the system, where a small number of shipowners reap considerable benefits from a commonly owned resource. This might be remedied by introducing royalties on the catch, or by levying a special resource rent tax on their extraordinary profits.

Consequently, beauty contests in the fishing industry would bind the right-holder to generate some societal benefit that otherwise would not have been achieved in other systems (e.g. market-based). However, such a system would necessarily lead to less transparency than a market-based system, because here, industrial policy clashes with the market where the political objectives are not always clear and accountable.

If this should be an alternative solution, I would argue that that this would take time to develop and implement in the Faroese fishing industry because such preconditions are not used today. Hence, this approach will require a discussion in which companies and authorities will have to identify relevant and suitable parameters to include as preconditions (for a similar argument in a different context see also the recent BOS blog entry by Haack & Schoeneborn).

What are your thoughts? Any recommendations? Which solutions do you prefer? Do you have an alternative solution that should be considered?

Quick facts about the Faroe Islands

Approximately 50,000 inhabitants
18 islands
Located in the in the North Atlantic Ocean
1,399 square kilometers
274,000 square kilometers of sea area
Self-governed part of the Danish Kingdom
Language: Faroese
Exports of approximately 6.5 billion DKK
95% of exports is fish
20% of export is pelagic fish
Five fishing companies have the rights of pelagic fishing
GDP is approximately 15 billion DKK

Five different distribution systems

First come, first served
Lottery
Historical entitlement (or grandfathering)
Beauty contests (in which other parameters are supplemented the bidding offer)
Market-based

Árni Petersen is PhD-Fellow at the Department of Management, Society and Communication at Copenhagen Business School. His PhD project sets out to explore the relationship between responsible business and governance in the Faroese Oil Industry by reflecting on the ways in which involved businesses act as governance takers and governance makers.

Pic by DavideGorla, Flickr