Category Archives: Global Trade

Societal Sustentation 48: Workers’ Rights

Now, as we discussed in our original damnation post, this shouldn’t be a damnation because worker’s rights are a good thing, and, assuming one is ethical, there’s absolutely nothing wrong with giving workers the respect and rights they deserve. The problem is, as we previously stated, is that, in the corporate world, not everyone is ethical. Not only do we have to deal with the fact that 1% of the population are psychopaths, but the fact that the top four professions that attract psychopaths are the people who run the corporate world, namely:

  • CEOs
  • Lawyers
  • Media / Publicists / PR / Marketers
  • Salespeople

The only other profession absolutely necessary for a company of any size to survive is an accountant to keep the boxes and make sure they are in order when the tax man comes knocking. In a nutshell, your company is evil, and the only real question is how evil on the scale from skim a bit off the top to sell guns to a known guerrilla group that will use them to commit mass genocide.

And if your company is just a little bit evil, then you know for sure that somewhere, lurking in the shadows of your supply chain, is an organization that is likely so evil that it is using child labour, slave labour, and mistreating both in the process. One has to remember that not all countries have good workers’ rights laws, and this is true of developing countries in particular, and anywhere the men with guns and money have more power than the elected officials, it doesn’t always matter what laws are on the books.

All that matters is that, with the introduction of various anti-human trafficking acts around the world, such as the California Transparency in Supply Chains Act and the UK Modern Slavery Act, if your supply chain uses slave labour, your company is on the hook. Thus, as a Procurement professional, you have to be sure your supplier is compliant, and that they make their suppliers compliant.

And forcing your suppliers to sign a paper that they will comply with your fair labour and fair wage policies isn’t enough, especially if they are outsourcing the work or using multiple locations (unbeknownst to you who only sees the primary “show” location which, just like a model home, isn’t the real thing).

First of all, you investigate them through third parties. Contact companies like Ecovadis and Sedex Global that collect and collate third party and NGO data on suppliers to see a history of their sustainability and ethical practices. Make sure there have been recent audits by trustworthy third party organizations that advocate worker’s rights and that those reviews have passed, contacting additional organizations if you need to. Force the supplier to sign a contract stating that they are fully aware of the regulations you must conform to with respect to worker’s rights and that not only will they follow and adhere to all regulations for their workforce, but that they will only work with suppliers who accept the same. Moreover, they accept full legal liability should they fail to do so and are responsible for all costs borne by your organization should workers’ rights violations occur, be it fines from a government organization, legal defense costs, or reimbursement for goods seized. (And make sure the contract is legally binding in their country and that you can enforce it in their court of law.)

Secondly, monitor on an ongoing basis. Maintain a subscription to at least one organization that regularly reviews, and collates ethical data on, the supplier in question and monitor for any indications that not all may be above-board.

Third, include a mandatory provision that the contract may be immediately terminated for breaches of mandatory worker and human rights by them or any supplier in their supply chain. And don’t be afraid to follow through and shift demand to the secondary supplier the minute a breach is confirmed.

It’s probably not enough, but it’s a start.

Geopolitical Sustentation 33: Taxation

As we stated in our original damnation post, taxation may be the only certainty left (especially if the futurists who think that cybernetics will eventually allow us to preserve our mind and live forever are right). Even if your current government(al system) fails, a new order will rise up and, like every order that has come before, in some way, shape, or form, it will tax you.

And, as clearly pointed out in our original post, taxation makes it nearly impossible to answer the ultimate sourcing question: what is the lowest cost of ownership and the best overall total value. When we source according to total value management, we want to maximize the value to cost ratio — but this can only be done when we understand the cost.

And when so much of the cost is taxes — sales taxes, export taxes, import taxes, special surtaxes, state or municipal taxes on top of federal sales taxes, and so on — and when all of these taxes can change almost overnight, how do you answer the ultimate sourcing question? For example, some countries in South America change their import tariff codes twice a week. Taxes generally change when consortiums or labour groups cry foul when a market is flooded with cheaper goods from a foreign market or “buy at home” lobbyists get upset that the best products are being exported and stir up a fuss.

When a 10% duty today can be a 30% duty tomorrow, how do you build accurate cost models that allow you to create three year plans and cut three year contracts? The answer is, you don’t. So what do you do?

Gather a lot of market intelligence and analyze it. Taxes for most of the products or services you are buying are usually going to fall into one of three categories:

  • stable
  • trending, with significance confidence as to approximate future prices, up or down
  • changing unpredictably

If the tax rate is stable, then the organization can take confidence that it will most likely be stable for the life of the contract and put a tax increase in the low risk category and, more or less, ignore it unless an event occurs or information is obtained that something might change.

If the tax rate is trending up or down, then you can do what-if analysis at different tax rates defined as now, 6 months, 1 year, 2 years, contract length to see at what point the lowest cost or highest value buy tips to another market and if that will happen in the first half of a contract period, work with a potential supplier in a market with a stable or lower tax rate to see if there are other cost reductions that would make the other supplier a lower cost over the expected contract length.

If the tax rate is unpredictable, and could increase significantly to a point where the buy would cost considerably more than the next lowest cost buy or cause considerable financial harm to the organization, the organization should consider if there are sources of supply that would avoid the tax rate entirely. If not, then the organization has to figure out some sort of hedging strategy that would allow it to profit financially from the tax increase to cover the increased costs of supply. And that should be left to the financial pros — but it’s good to know when they should be trying to work their voodoo and when they shouldn’t.

Economic Sustentation 05: Currency Conservation

As we have previously indicated, there is no salvation, at least not now. It’s only going to get hotter, and the best you can do for now is survive. But survival will be easier if you know what to do, or at least know what you might try, so, in this post, and the posts that follow in this series, we will present some of the options at your disposal, starting with currency (conservation).

So how can you protect against the currency fluctuations that can cause you significant economic damnation?

As indicated in our original damnation post, one preventative measure you can take is to determine the Purchasing Power Parity (PPP) of a currency to determine whether it is undervalued, and likely to rise, or overvalued, and likely to fall, and base your total cost of ownership models not on the current value against your base currency but the expected (average) value over the course of the contract.

But of course, this is not enough to predict every fluctuation in currency as some currencies rise and fall as the result of significant investment being pushed into a country (because of low wages, energy costs, etc.), being pulled out (because of new, burdensome, tax laws, etc.), or political actions that cause boycotts of goods from a certain country, or even trade embargoes. The latter situations can cause currencies to rapidly rise or fall seemingly overnight. So what can you do?

First, whenever possible, try to buy in the standard, or preferred, currency of the organization, and, in particular, the currency that most of the customers are paying in. If the organization is being paid in US dollars, then it should, whenever possible, try to buy in US dollars. This even eliminates (potentially costly) exchange fees from the picture.

Second, if this is not possible, because demand exceeds supply and the supplier has more negotiating leverage or the customers are buying in a currency that is not the preferred currency of the organization going forward, try to negotiate discounts as a result of currency strength increases against a major currency or gold. If the supplier suddenly has considerably more buying power from their dollar and their customers have considerably less, then it might be in the best interest of the supplier, especially if it is producing its goods from raw materials bought in a different market using a weaker currency, to pass on a bit of savings to its customers that might otherwise have to default on a contract or risk bankruptcy otherwise. It won’t always be possible, but if your organization is a major customer whose absence would be felt financially by the supplier, it’s worth a try.

Third, if you have to deal with multiple currencies, keep investments in multiple currencies so that trades can be made at strategic times to allow the profits in the currency trades to cover the increased costs of an unexpected rise in the currency required to pay a supplier. While the currency markets aren’t a zero sum game, generally speaking, value lost in one market always appears in another. And while SI realizes that, in the eyes of an economist this is a gross simplification, economics and trade works because, at any one time, there is a fixed amount of GDP in the world and a fixed value of a currency related to that GDP. Thus, at any point in time, value is conserved just like energy is conserved in our universe under thermodynamic laws.

There’s no silver bullet, but there’s enough lead that, if properly sprayed, will get the job done.

Four Hundred and Forty Five Years Ago Today

The Royal Exchange opened in London, and while only the exchange of goods took place until the 17th century, it has a long and rich history as the fifth oldest exchange in the world (preceded only by Antwerp Bourse, Lyons Bourse, Toulouse Bourse, and Hamburg Bourse). It was destroyed by fire twice (the first time in the great fire of 1666 and again in 1838) but still stands, in its third instantiation, today.

It serves as a reminder of just how long established trade has been taking place in the western world and how old Global Supply chains really are.

Geopolitical Damnation 25: Government Actions

We already know governments can be a daily source of damnation, and even though we’ve directly or indirectly addressed some of these damnations in our coverage of Waste Legislation (15), Customs Acts (28), Trade Embargoes (29), TPP & the Poison Pill (30), Tariffs (34), Labeling (36), and, especially in Consumer Damnation 71 Government, we’re going to discuss governmental actions again because, from a geopolitical perspective (as opposed to the environmental, consumer, and regulatory perspectives where the government has already received a significant amount of coverage in our damnation series to date), there is still so much more that they can do to make your job living hell.

Here are just a few of the damnations they can create that will cause you never ending nightmares.

Budget Freeze

If a budget can’t be agreed upon by a deadline, or a budget is exceeded and an overspend is not approved, until such time as the budget, or overrun, is approved, any an all payments owed to your company are on-hold. If you desperately need that cash for daily operating expenses for the big order you just delivered before the freeze, tough luck. Let’s hope you can get invoice financing or a bank loan when an expected payment date is unknown. But this is not as bad as a

State of Emergency

In a State of Emergency, you may be forced to supply goods or services to the government and/or consumers at pre-approved rates, even if such rates could net you a loss due to increased production or delivery costs in the state of emergency, and even if such goods were earmarked for sale to another customer in another locale willing to pay a premium rate. Even worse, you could be forced to deliver those goods when there is a budget freeze on, which not only prevents the organization from being paid for an unknown amount of time (and a restricted cash-flow severely hampers Procurement when the organization cannot pay its suppliers), but also clears it of inventory. Then, as we all know, there is no sale, no store.

New Legislation Outlawing Your Product or Service

As makers of betting and lottery technology, radar detection units, and even video game consoles know all too well, a single incident of consumer outrage or, even worse, the single minded focus of an effect lobbyist or lawmaker can result in your primary product becoming illegal almost overnight. Then the organization can be stuck with a glut of inventory, ironclad contracts (with huge penalty clauses), and, sometimes, no (obvious) way to get the product to where it might still be legal to sell the product in a secondary market. But yet Procurement will be expected to save the day and get the contracts nullified in exchange for new contracts for other, still legal, products, get rid of the inventory, and manage the paperwork hell that will ensue.

Criminal Charges against your Organization and/or Executives

Even if your organization unwittingly broke the law as a consequence of a rogue employee who broke the rules (despite training and policies in place to prevent it), a contractor, or a supplier that you couldn’t monitor as closely as you’d like, your organization could still be the organization brought up on charges. If an authorized party, acting in the interest of your business, makes a bribe, conducts business with a terrorist (organization), or purchases from a supplier that uses forced labour, you’re on the hook. And since Procurement is ultimately held responsible for policies and purchases, the heat will be coming down hard on Procurement.

There are, of course, a dozen more areas where government actions can pile on the damnation, but as these are among the nastiest that have not yet been covered in this series, we feel we’ve made our point. Enjoy the heat. (On the bright side, at least you’re not freezing in the cold northern winter.)