Showing posts with label Tax Havens. Show all posts
Showing posts with label Tax Havens. Show all posts

Monday, January 6, 2014

Dismantling of a Swiss Holy Cow


In my last blog article, I took a look at the deterioration of the brand “Swiss” and noted that this was in part due to the negative publicity that Switzerland has been getting abroad concerning its banking secrecy and opportunistic taxation schemes. While Swiss banking secrecy may now soon be something for the history books, it is still interesting to note that the Swiss banks and taxation regimes originally had their roots in virtues, and not vices. Whereas most of Europe featured unstable governments and legal frameworks, engaged in endless wars and built their “social contract” on the premise of mistrusting its citizens, Switzerland provided stability in both governance and law, was largely peaceful and had a basic “social contract” that espoused trust before mistrust (this being in part a consequence of its direct democratic tradition and a source of the extensive privacy rights as pertaining to financial matters). This resulted in the flourishing of the Swiss banking sector as it attracted wave after wave of foreign depositors, fleeing instability, insecurity, and states more interested in the gleaning of the wealth of its citizens than in the provision of needed services. While Switzerland – again, beginning with a virtue - for centuries already practiced a strongly decentralized (federalized) “good governance” regime which paired up freedom with accountability by allowing every commune and canton to freely levy their own taxes and invest these resources as best they saw fit, thus also creating a healthy competition to keep a sound budget and make wise investments, much of Europe experienced just the opposite: top-down directives with little to no citizen participation and consequently freedom and accountability.

With time, however, bit by tiny bit, these virtues became corrupted. Banking secrecy became no longer so much a reflection of privacy and trust between citizens and their state, but rather was a convenient pretense for the easy garnering of money from abroad. On the haughty altar of “discretion”, Swiss bankers would willingly bunker the millions and billions of dictators, tyrants or simply the clever evaders of taxation in their home countries. Much the same happened with the taxation regimes in Switzerland. Cantons and communes realized that much money could be made by adroitly positioning themselves in a zero-sum race to the bottom and attracting wealthy individuals – for whom special taxation schemes would be negotiated – and global companies in search for a more profitable tax haven from which to conduct their business. This led to the proliferation of countless “mail-box” companies which had little or no real connection to Switzerland.

Since the recent financial crisis and its accompanying scandals, however, the EU and the USA have increasingly started to put pressure on Switzerland (as also on other similar finance and tax havens, although often conveniently omitting some of their own) to change its “bad habits”. While a minority of Swiss citizens has always openly criticized its banking and taxation practices, and probably a healthy majority in private moments admitted to the status quo being ethically questionable, the matter was nevertheless nothing less than a “holy cow” amongst the Swiss economic and political establishment. So strongly was this self-righteousness engrained, that when a professor at the renowned Swiss Business School of St. Gallen was openly critical of this situation in an interview with a German magazine a couple of years ago, some voices (granted isolated, but nevertheless remarkable for a country with a rightfully proud democratic tradition with guaranteed free-speech) branded him as a national traitor and demanded his immediate demission!

It is a well known and studied phenomenon that countries that are blessed with ample natural resources such as oil, are often cursed with having their economies develop asymmetrically with an over-dependence on just these natural resources. As with abundant natural resources, the incentives that the Swiss legal system and historic precedents provided also resulted in relatively “easy money” to be made in the finance sector. Some of the nefarious side-effects of this in turn resulted in what may well be deemed an internal resource and brain-drain, as investors invested in the areas of greatest returns for the least risk (and for a long time, the Swiss private banking sector was a very low-risk investment, as success was not so much based on any unique, rapidly changing know-how but a legal framework which virtually ensured its competitive advantage) and many of the brightest labor market entrants turned their back to work in other sectors such as for example the risky high-tech area or lower-margin machine industry, in favor of the far more stable and lucrative financial industry.

While Switzerland still has a highly sophisticated, diversified and competitive economy, always jousting for the top spot in global assessments, there is a real risk and an increasingly high price that Switzerland has to pay for its extensive financial center. Apart from public bailouts (such as the UBS in 2008) and the internal resource and brain drain, the very fact that salaries paid in the financial sector are so high drives up concomitant costs such real-estate, making it increasingly difficult for, say, high-tech companies to get started in the country. Starting an export oriented business from scratch in Switzerland is simply prohibitively expensive, especially if the returns, as in many high-tech sectors, take years to materialize. Add to that the finance sector’s negative impact on the overall reputation on Switzerland, and you can well comprehend that the Swiss financial industry is increasingly unpopular also in Switzerland.

The tragedy of this entire matter is however that the age old Swiss social contract of trust between the state and its citizens may now have to be sacrificed in view of the financial center and taxation policies of decades past. The United States, long also a bastion of individual freedom and with a delicate awareness of privacy rights, has already sacrificed much of this on the altar of national security. The question thus remains one of just how much freedom are we willing to sacrifice for security, and how much privacy for fairness.

Manuel Dawson

Wednesday, September 26, 2012



Ethics in a Bottle
In my last blog I listed a number of statements and underlying attitudes I encountered while working in the business world. Here I would like to take a closer look at one of them and evaluate its veracity and possible transformation.

The assertion that “there is no ethics in the business world” is both an observation as also an assumption. As an observation it reflects a simple “is”: personal experiences I shared with you in past postings revealed that human needs are indeed frequently placed behind the short-term imperative of a corporation to post profits and maximize shareholder wealth. In a world where organizational survival is dictated by the mere string of numbers that are published on a monthly or quarterly basis and not by the reality of the personal stories of the involved stakeholders, it is only logical that there will – push come to shove – be an inherent bias and managerial recompense to sacrifice human “ethics” for the sake of the ethic of maximizing profitability. Therefore, there is a certain amount of veracity to this statement as an observation, provided one defines “ethics” as placing the well-being of human beings in the center of our moral considerations.
As an assumption, on the other hand, this statement implies a normative “should”: there should not be any ethical considerations that impede the profitability and shareholder wealth. An individual who once shared this view with me in an unabashed manner revealed also that he made a clear cut distinction between how he valued, and consequently then treated, people in his private circles such as friends and family, and how he did so in his work dealings. This type of an attitude I have come to label “ethics in a bottle”: it is a form of moral compartmentalization where at times radically different standards apply in different types of social contexts. Now, it is naïve to think that we as human beings can ever completely transcend moral compartmentalization (for example, we will continue to be more inclined to help a personal friend in distress, rather than an anonymous individual at the other end of the world, all other things being equivalent). Nonetheless, it is legitimate to question if such a strict demarcation line should be drawn between the personal and professional worlds.

The problem with moral compartmentalization in our economic dealings is that under the guise of “professionalism” almost anything can be justified. Professional organizations and corporations, particularly publically traded ones subject to short-term shareholder wealth maximization, have gone to great lengths to legitimize their institutionalized norms to conform to the prerogatives of profitability or the stock markets. Under the guise of “accreditations”, “codes of professional conduct”, “best practices” and the likes, professional organizations and corporations have created sophisticated constructs to make employees, clients and the public think and feel as if they were upholding the highest of moral standards.
For the professional, the rationale then is often, “if it meets the highest standards of professional codes of conduct, well, than it must be ok for me to do.”

Well, no. Simply because something meets the standards or regulations of a certain corporation, industry or profession, does not make it morally palatable in a larger context. For example, nowhere in the Certified Financial Advisors (CFA) Code of Ethics (http://tinyurl.com/9wxs38) is there any mention or consideration of the secondary ramifications of certain investment tools or choices. Yes, we find the statement that the advisors must “Place the integrity of the investment profession and the interests of clients above their own personal interests.” (As recent scandals, however, illustrate that this rule was nevertheless frequently ignored.). But what about the fact, for example, that speculating in mercantile exchanges can abruptly drive up the price of certain commodities like corn, wheat or rice beyond the capacity of people in third world countries to pay for? Or take the code of conduct in private banking, for example, of Singapore (http://tinyurl.com/bu8m8yl). The transfer of large amounts of wealth of high net worth individuals from poor, developing countries into international tax havens such as Singapore, the Cayman Islands or Switzerland, while certainly in the interests of the client, deprives these countries of these sorely needed resources. While there is mention of money laundering and terrorism, nowhere in its code of conduct is there any consideration of this wider moral dimension of the professional’s actions.
However, since a financial advisor’s or private banker’s circle of professional responsibility is defined only in a very narrow manner driven by the client’s (and the advisor’s or bank’s) interests, both the financial professional and their clients indirectly partake in the creation of human poverty, and that with a clear conscience, extracted as they are of further responsibility by the professional code of conduct they are adhering to (and often also legitimized by Milton Freedman’s position that these ethical consideration is not the purview of the business community, but of the regulatory agencies of countries). This divorce of responsibility of one’s personal, professional activities and the wider social ramifications represents one of the major challenges facing our current status quo in how we structure and manage our economic activities.

What we consequently have is “ethics in a bottle” and by extension, if you will, a form of the “banality of evil”. It’s time for professionals to take the ethics out of the bottle and permit it to imbue all domains of human lives, not just the ones of one’s family, friends, corporation or business clients.


Manuel Heer Dawson