3. Topics to be covered
Political environment
Political systems
Political risks
Indicators of political risks
Analysis and measures to minimize political risks
Legal systems
Legal form of organization
Multiplicity of legal environment
Bribery
Branch v/s subsidiary
Counterfeiting
Gray market
Cultures and its characteristics
Influence of culture on consumption, thinking, communication process
Cultural universals
4.
5.
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9.
10.
11. Political Environment
Stability of
Government
policies
In Italy, for example, more than 50 different
governments have been formed since the end of
World War II
While the political turmoil in Italy continues,
business goes on as usual
India has had as many different governments
since 1945 as Italy
Several in the past few years favorable to foreign
investment and open markets
Even after elections of parties favoring economic
reform
The bureaucracy continues to be staffed by old-
style central planners in India
12. Political Environment
Stability of
Government
policies
The Institutional Revolutionary Party (PRI), controlled
Mexico from 1929 to 2000
The PRI created a stable political environment for
foreign investment, in contrast to earlier
expropriations and harassment
Relatively stable and prosperous Kenya fell victim to
political violence in 2008
Central Africa, where ethnic wars have embroiled
seven nations, is one of the most politically unstable
regions in the world
A recent World Bank study showed that the 47
nations of sub-Saharan Africa were attracting less
than $2 billion annually in direct foreign investment
About one-tenth of what a developing nation such as
Mexico attracts
15. Political Environment
Stability of
Government
policies
Forms of government
Rule by one(monarchy/dictatorship)
Rule by few(aristocracy/oligarchy)
Rule by many(democracy)
More than 200 sovereign states on the
planet
Almost all have at least nominally
representative governments
16.
17. Political Environment
Stability of
Government
policies
Forms of government
In Bolivia, you can vote at 18 if you are married
and at 21 if single
In Peru, police and military personnel cannot vote
In Croatia, you can vote at 16 if employed
In Lebanon, only women with at least an elementary
education can vote (though all men can vote)
Saudi Arabia precludes women from voting
Nigeria, Kenya, Bangladesh, Venezuela, Georgia,
and Kyrgyzstan- some countries toward
autocracy and away from democracy
18. Political Environment
Stability of
Government
policies
Political parties
In Great Britain, for example, the
Labour Party traditionally has been
more restrictive regarding foreign
trade than the Conservative Party
The Labour Party, when in control, has
limited imports, whereas the
Conservative Party has tended to
liberalize foreign trade when it is in
power.
19. Political Environment
Stability of
Government
policies
Nationalism
Nationalism can best be described as an intense feeling of
national pride and unity, an awakening of a nation’s people to
pride in their country
A call to “buy our country’s products only” (e.g., “Buy
American”)
Restrictions on imports
Restrictive tariffs, and other barriers to trade
During the period after World War II, new countries were
founded
India imposed such restrictive practices on foreign investments
that companies such as Coca-Cola, IBM, and many others chose
to leave rather than face the uncertainty of a hostile economic
climate
U.S. negotiators pushed Japan to import more rice to help
balance the trade deficit between the two countries
All imported foreign rice had to be mixed with Japanese rice
before it could be sold
20. Political Environment
Stability of
Government
policies
Targeted fear/animosity
Nationalism v/s targeted fear
A mistake made by Toyota in the United States in
the late 1980s and early 1990s
Sales of Japanese cars were declining in the States
Assumed the problem was American nationalism
Sales of German cars were not experiencing the
same kinds of declines
Americans considered the economic threat from
Japan greater than the military threat from the
Soviet Union
Showing Camrys being made by Americans in a
Toyota plant in Kentucky
It may well have exacerbated the fear that the
Japanese were “colonizing” the United States
21. Political Environment
Stability of
Government
policies
Trade Disputes
Banana war
Undervalued Chinese currency
The ban on beef imports into Japan
Chinese subsidies in apparent
violation of WTO rules
Farm subsidies in developed countries
the long-simmering AIRBUS–Boeing
battle over subsidies
22. Political Environment
Political risk
of Global
Business
Confiscation, expropriation and
domestication
Economic risks
Exchange controls
Local content laws
Import restrictions
Tax controls
Price controls
Labor problems
Political sanctions
Political and social activists and NGOs
Violence, terrorism and war
Cyber-terrorism and cybercrime
23. Political Environment
Political risk
of Global
Business
Confiscation, Expropriation and Domestication
Confiscation is the seizing of a company’s assets without
payment
Expropriation , where the government seizes an investment
but makes some reimbursement for the assets
In 2008 the Chavez regime in Venezuela expropriated Mexico’s
CEMEX operations
Paying a negotiated price
It becomes a government-run entity
Much of the economic success of countries such as South Korea,
Singapore, and Taiwan is tied to foreign investments
In Mexico, for example, privatization of the national telephone
company resulted in almost immediate benefits
A similar scenario has played out in Brazil, Argentina, India,
and many eastern European countries
24. Political Environment
Political risk
of Global
Business
Economic Risks
Exchange Controls
When a nation faces shortages of foreign
exchange and/or a substantial amount of
capital is leaving the country
Controls may be levied over all movements
of capital or selectively against the most
politically vulnerable companies to
conserve the supply of foreign exchange
for the most essential uses
Check next slide
25.
26. Political Environment
Political risk
of Global
Business
Economic Risks
Local-content laws
Thailand, for example, requires that all
milk products contain at least 50 percent
milk from local dairy farmers
The European Union has had a local-
content requirement as high as 45 percent
for “screwdriver operations,” a name
often given to foreign-owned assemblers
NAFTA requires 62 percent local content
for all cars coming from member countries
27. Political Environment
Political risk
of Global
Business
Economic Risks
Import restrictions
Tax controls
India, for example, taxes PepsiCo and the Coca-Cola
Company 40 percent on all soda bottled in India
Price controls
Labor Problems
In France, the belief in full employment is almost
religious
Layoffs of any size, especially by foreign-owned
companies, are regarded as national crises
Walmart closed a store in Quebec rather than let it
be unionized
28. Political Environment
Political risk
of Global
Business
Political sanctions
The United States has long-term
boycotts of trade with Cuba and Iran
Has come under some criticism for its
demand for continued sanctions
against Cuba
Threats of future sanctions against
countries that violate human rights
issues
Refer to crossing the border
32. Political Environment
Political risk
of Global
Business
Violence terrorism and war
In the past 30 years, 80 percent of
terrorist attacks against the United
States have been aimed at American
businesses
Since September 11, McDonald’s, KFC,
and Pizza Hut combined have been
bombed in more than 10 countries,
including Turkey, Saudi Arabia,
Russia, Lebanon, and China
US travel warning on next slide
33.
34. Political Environment
Political risk
of Global
Business
Cyber-terrorism and Cybercrime
The “I Love You” worm, which caused an estimated $25 billion
in damage, was probably just an out-of-control prank
The Melissa virus and the denial of service (DoS) attacks that
overloaded the Web sites of CNN, ZDNet, Yahoo!, and
Amazon.com with a flood of electronic messages, crippling
them for hours, were considered purposeful attacks on specific
targets
The “Slammer,” for example, brought Internet service to a
crawl.
It doubled its numbers every 8.5 seconds during the first minute
of its attack
Infected more than 75,000 hosts within 10 minutes
After infecting hundreds of thousands of computers in Europe
and North America, the “Goner worm” traveled to Australia
overnight and brought down government agencies, financial and
manufacturing sites, and at least 25 MNCs
36. Political Environment
Lessening
political
vulnerability
Microsoft, recognizing that developing countries need
sophisticated technical assistance
Pledged more than $100 million in technology and
training as part of a deal to put government services
online in Mexico
Cisco Systems, the leading maker of Internet
hardware, relies on nonprofit organizations to run its
10,000 networking academies
Train college and high school students to create
computer networks in 150 countries
In China, Procter & Gamble is helping local schools
and universities train and educate leaders
In Malaysia, Motorola and Intel have instituted
training programs to enhance the skills of local
workers
37. Political Environment
Lessening
political
vulnerability
Merck, the pharmaceutical company,
has developed a pill to fight river
blindness in Africa and Latin
America
River blindness is a parasitic
disease transmitted to humans
through the bite of the black fly
commonly found along the
riverbanks in some African countries
38. Political Environment
Lessening
political
vulnerability
Joint ventures
Expanding the investment base
Licensing
Planned domestication
Political bargaining
Mattel issued an extraordinary apology to China over the recall
of Chinese-made toys
Saying the items were defective because of Mattel’s design flaws
rather than faulty manufacturing
In doing so, Mattel was
(1) Protecting the huge and all-important head of its value chain
(2) Recognizing that it would be easier to fix its design and
inspection routines than quickly affect manufacturing practices
in China
(3) Uniquely for an American firm, publicly admitting its own
very real culpability
39. Political Environment
Lessening
political
vulnerability
Toyota once considered raising prices
of its cars in the American market to
“help” its ailing American competitors
The Japanese government has set
quotas on auto exports in the past as
American car companies have
struggled
Political payoffs
40. Legal Environment
Legal forms
of
organization
Sole proprietorship
Easy and inexpensive to start and stop legally
Generally less expensive to start
No profit sharing
No business tax
Owner is in charge and makes decisions
sell or transfer business at your discretion
Speed in decision making
Unlimited personal liability
Owner's limitations (skills, time, etc) limit business
Harder to access capital
Continuity of business - re-establish all contracts and
relationships is sold or transferred; terminates with
death of owner
Personal assets subject to lien
41. Legal Environment
Legal forms
of
organization
Partnerships
Mutual Agency - any partner can act
on behalf of the other partners; all
partners fully represent the business
for any action or transaction.
Unlimited Liability - each partner is
fully responsible and liable for the
business and the acts of the partners.
42. Legal Environment
Legal forms
of
organization
Partnerships
Three types of partnerships:
General
Limited
at least one general partner
plus one or more limited partners
liability limited to investment for limited partners;
unlimited liability for general partners
no management participation for limited partners
requires a certificate of limited partnership and a
written partnership agreement
can allocate profits and losses
interests are freely transferable
Joint Venture
43. Legal Environment
Legal forms
of
organization
Partnerships
Limited Life of the Legal
Partnership: The partnership ends and its
affairs must be concluded:
accomplish the partnership objective
admit a new partner
withdrawal of partner
death of partner
personal bankruptcy
time or date set for dissolution
partner incapacity (need court decree)
misconduct…
44. Legal Environment
Legal forms
of
organization
Partnerships
Co-Ownership of Property - all property,
whether donated, purchased with capital or
gained through profit and growth is co-
mingled. It is considered fully owned by each
partner and subject to each partners
discretion for use as an asset of the business.
Non Taxable Entity - the partnership itself is
not subject to taxes. The owners each pay
personal income tax based upon their
respective shares of profits and at their
individual tax rates. Each partnerships profit
or loss is personal taxable income or loss.
45. Legal Environment
Legal forms
of
organization
Partnerships
Profits/Losses equally divided - unless
modified in a partnership agreement, all
profit or loss is equally divided
proportionally amongst the number of
partners ( 3 partners, three equal shares)
Entered into by any combination of
individuals or legal business entities - A
partnership can be any combination of
individuals, other partnerships, or
corporations.
46. Legal Environment
Legal forms
of
organization
Advantages of a Partnership
Easy and inexpensive to start legally
Greater access to capital
no business tax
informal management and structure
Greater access to skills, time, money, an
so on.
no written agreement required (but
advisable)
47. Legal Environment
Legal forms
of
organization
Disadvantages of a Partnership
Unlimited liability of general partners
Joint and several liability
Harder to keep profit in the business for
growth (Capital Accumulation)
More difficult to raise capital
Changing the partnership agreement may
dissolve the partnership or be difficult
Interest is not freely transferable
Personal and authority conflicts
Decision making is slow, shared, and partners
are bound by the law of agency
difficult or expensive to dissolve
48. Legal Environment
Legal forms
of
organization
Coporations
General characteristics of corporations
include:
Dividends
Double taxation
Shielded from personal liability as "owner"
(stockholders)
Salary is expense
Can offer fringe benefits
Stock:
common
preferred: 1st dividends & claim to assets, no
vote
many other types of stock are possible
49. Legal Environment
Legal forms
of
organization
Coporations
General characteristics of corporations
include:
Ownerships (shares of stock) freely transferable
Domestic, Foreign, Alien (Domestic = in state;
foreign = other state; alien = other country)
Articles of Incorporation and Bylaws
More difficult to start and operate in terms of effort,
paperwork, organizational structure and meetings
Perpetual life
Legal requirements include Board of Director
meetings, shareholder participation and annual
reports, etc.
50. Legal Environment
Legal forms
of
organization
Coporations
Advantages of a Corporation
No personal liability for stockholders (owners)
Can attract capital easier and in large amounts
Has a "perpetual" life
Easy to transfer ownership/transfer may not affect
operations
Attract skilled people
Easier to raise capital
Disadvantages of a Corporation
Cost and time to incorporate/paperwork, legalities to
operate
Double taxation (corporate profits,
dividends/salaries)
Potential loss of control by founder
51. Legal Environment
Multiplicity
of legal
environment
The two major legal systems: common law
and statute law
Common law
There are some twenty-five common law or British
law countries.
A common law system is a legal system that relies
heavily on precedents.
Judges’ decisions are guided not so much by
statutes as by previous court decisions and
interpretations of what certain laws are or should
be.
Countries with such a system include the USA, Great
Britain, Canada, India, and other British colonies
52. Legal Environment
Multiplicity
of legal
environment
Statute Law
Countries employing a statute law system,
also known as code or civil law, include
most continental European countries and
Japan.
The main rules of the law are embodied in
legislative codes.
Every circumstance is clearly spelled out
to indicate what is legal and what is not.
There is also a strict and literal
interpretation of the law under this system
53. Legal Environment
Multiplicity
of legal
environment
Distinction b/w these two
In practice, the two systems overlap, and the
distinction between them is not clear-cut.
Therefore, the only major distinction between
the systems is the freedom of the judge in
interpreting laws.
In a common law country, a judge’s ability to
interpret laws in a personal way gives that judge
a great deal of power to apply the law as it fits
the situation.
In contrast, a judge in a civil law country has a
lesser role in using personal judgment to create
or interpret laws because that judge must
strictly follow the “letter of the law.”
54. Legal Environment
Branch v/s
subsidiary
One legal decision that an MNC must make is
whether to use branches or subsidiaries to carry
out its plans and to manage its operations in a
foreign country.
A branch is the company’s extension or outpost at
another location.
Although physically detached, it is not legally
separated from its parent.
A subsidiary, in contrast, is both physically and
legally independent.
It is considered a separate legal entity in spite of its
ownership by another corporation.
A subsidiary may either be wholly owned (i.e., 100
percent owned) or partially owned.
55. Legal Environment
Branch v/s
subsidiary
Reasons why MNC’s choose subsidiary
When compared to the use of branches, the use of
subsidiaries adds complexity to the corporate structure,
they are also expensive.
There are several reasons why a subsidiary is the preferred
structure.
One reason has to do with recruitment of management.
Titles mean a great deal in virtually all parts of the world.
A top administrator of an overseas operation wants a
prestigious title of president, chief executive, or managing
director rather than being merely a “branch manager.”
Another reason for forming a subsidiary may involve gaining
quick access to a particular market by acquiring an existing
company within the market and making it a subsidiary.
56. Legal Environment
Bribery Legal Dimension: Foreign Corrupt
Practices Act (FCPA)
Bribery is "the use of interstate commerce
to offer, pay, promise to pay, or authorize
giving anything of value to influence an act
or decision by a foreign government,
politician, or political party to assist in
obtaining, retaining, or directing business
to any person."
57. Legal Environment
Bribery Types of Payment
Permissible: expediting payments
payments to low-level officials who exercise
only "ministerial" or "clerical" functions
Illegal: payments to an official exercising
discretionary authority
Ethical Dimension
Morality as a function of culture
Corporate codes of conduct
58. Legal Environment
Bribery Reasons for bribe
To speed up the required work or processing
To secure a contract
To avoid the cancellation of the contract
To prevent competitors from getting the
contract.
59. Legal Environment
Counterfeiting
Counterfeiting
The spread of counterfeit goods (commonly called
"knockoffs") has become global in recent years and
the range of goods subject to infringement has
increased significantly.
A very high percentage of counterfeit goods originate
in China
Counterfeit products infiltrate legitimate supply
chains
New technologies, including the internet, have given
counterfeiters access to new channels of distribution
Counterfeit products are bought and sold in virtually
all economies
60. Legal Environment
Counterfeiting Counterfeiting
Factors Behind Counterfeiting
Free trade – relaxed border controls
Long distribution chains; parallel trade; trading
of pharmaceuticals by brokers as commodities
Economic motive – poverty, and looking for
“bargain” products
Lax enforcement – low prioritization to
counterfeits
Loose distribution systems outside pharmacies
New element -- the Internet
Weak intellectual property protection
Not recognized as an international threat
61. Legal Environment
Gray Market Gray Market
White Markets
(Registered/GenuineProduct and
Authorised dealer – iPhone)
Black Market (Illegal and
unauthoriseddealer– heroine, weapons)
Gray Market
62. Legal Environment
Gray Market Gray Market
Gray marketing is the sale of genuine
trademarked products through legal
distribution channels unauthorized by
the manufacturer or brand owner
66. Cultural environment
Cultures and its characteristics
Influence of culture on consumption, thinking,
communication process
Cultural universals
67. Features & Characteristics of Culture
Culture is learned
Culture is not inherited biologically but it is learnt socially by man
in a society.
It is not an inborn tendency but acquired by man from the
association of others, e.g. drinking, eating, dressing, walking,
behaving, reading are all learnt by man.
Culture is social
It is not an individual phenomena but it is the product of society.
It develops in the society through social interaction.
It is shared by the man of society.
No man can acquire it without the association of others.
It helps to develop qualities of human beings in a social
environment.
68. Features & Characteristics of Culture
Culture is shared
Culture is something shared.
It is nothing that an individual can passes but
shared by common people of a territory.
For example, customs, traditions, values, beliefs are
all shared by man in a social situation.
These beliefs and practices are adopted by all
equally.
69. Features & Characteristics of Culture
Culture is transmitted
Culture is capable of transmitted from one generation to the
next.
Parents papas cultural traits to their children and in return
they pass to their children and son on.
It is not transmitted through genes but through language.
Language is means to communication which passes cultural
traits from one generation to another
Culture is continuous
It is continuous process.
It is like a stream which is flowing from one generation to
another through centuries.
“Culture is the memory of human race.”
70. Features & Characteristics of Culture
Culture is accumulative
Culture is not a matter of month or a year.
It is the continuous process and adding new cultural traits.
Many cultural traits are borrowed from out side and these
absorbed in that culture which adopt it, as culture is
accumulative and combines the suitable cultural traits.
Culture is integrated
All the cultural aspects are inter-connected with each other.
The development of culture is the integration of its various
parts.
For example, values system is interlinked with morality,
customs, beliefs and religion.
71. Features & Characteristics of Culture
Culture is changing
It remains changing but not static.
Cultural process undergoes changes.
But with different speeds from society to society and generation to
generation.
Culture varies from society to society
Every society has its own culture and ways of behaving.
It is not uniform every where but occurs differently in various
societies.
Every culture is unique in itself is a specific society.
For example, values, customs, traditions, ideologies, religion, belief,
practices are not similar but different in every society.
However the ways of eating, drinking, speaking, greeting, dressing
etc are differs from one social situation to another in the same time.
72. Features & Characteristics of Culture
Culture is gratifying
It is gratifying and provide all the opportunities for needs and desires
satisfaction.
These needs may be biological or social but It is responsible to satisfy it.
Our needs are food, shelter, clothing and desires are status, fame, money, sex
etc are all the examples which are fulfilled according to the cultural ways.
In fact it is defined as the process through which human beings satisfy their
need.
Linked with society
Last but not the least one of the characteristics of culture that culture and
society are one and the same.
But if we say that these turn two are twin sister, it would not be wrong.
Society is a composite of people and they interact each other through it
It is to bind the people within the society.