Showing posts with label corporate capture. Show all posts

3 million Europeans say no to TTIP

The People vs Empire

On  the 6th of October, the self-organized European Citizens' Initiative against TTIP (Transatlantic trade and investement partnership) and CETA managed to pass the goal of getting more than 3 million people to sign the citizen petition against the secretly negotiated and highly controversial trade deals between Europe, the US and Canada.

Mehr Demokratie. Credit: Kurt Wilhelm (CC-BY-SA 2.0)

With reference to major risks of the ISDS clause (corporations suing states), lowering environmental standards and worker rights, deregulation of public institutions and infringement on internet freedom, the initiative wants the negotiations to be stopped.

Yesterday, citizens all over Europe went out to demonstrate the undemocratic so called trade deals, attracting hundreds of thousands of people in Berlin. The biggest protest in Germany for many years. Demonstrations also took place in eight Swedish cities.

One of the most common arguments for TTIP is that "there will be more growth and jobs" through, for example, removing safety procedures (crash testing) in the automobile industry which according to a recent study could lead to a drastic increase in traffic-related deaths in Europe (since a European car is 33% more safe than the American counterpart). In other words,  it would generate more financial capital for the big multinationals at the expense of ordinary Europeans' health and safety.

According to a leaked document, published on Corporate Europe Observatory (20th of April, 2015), murky negotiations of "regulatory exchange" that would force laws drafted in any of the 78 states to go through a screening processes by a technocratic elite has taken place without public knowledge. This screening process would be done by a bunch of lawyers and lobbyists, in form of a permanent, undemocratic, and unaccountable group of technocrats. Most people think this type of group only will serve to uphold the interests of multinational corporations. 

According to attorney David Azoulay, at the Centre for International Environmental Laz, "Not only will it extend an outrageously burdensome process on future legislation, but any current legislation in the public interest that doesn't sit well with trade interests on either side of the Atlantic could be subjected to the same process to make it conform to corporate interests"

In summary, this is the response of a predatory Empire, and it's elite, to a world without growth. It starts cannabilizing on the very foundation that underpins it, ordinary people and nature. Now is the time to change the entire system, or crumble under it.

Time for Tax Justice

Tax Wars - A race to the bottom
Tax “competition” or more precisely tax wars is the process by which countries or even cities use tax breaks and subsidies to attract investment or hot money (TaxJusticeNetwork). States often cut taxes on wealthy individuals and/or corporations and then try to make up the difference by hiking taxes on poorer sections of society or by cutting public spending. At the global level, this process is a race to the bottom. Leading to a rise in inequality and erosion of democracy. At the national level all evidence shows that it is a mistake to try and create a “competitive” tax system for two major reasons. First, tax competition bears no economic relation to competition between firms in a market. Using the term competition obfuscates the reality of governments waging tax wars, to the detriment of labor. Second, tax is not a cost to an economy but a transfer within it. Tax cuts for corporations provides subsidies to them at the expense of public spending on roads, courts, education or health care etc. Even if cutting taxes does attract investment, the evidence being weak, it attract exactly the wrong kind of investment i.e. the flighty kind with few productive linkages to the rest of the economy. 


Tax Havens
The financial system, and many large corporations working within it, has since at least the 1980s total global reach. The international tax architecture has not adapted to this reality. Offshore financial centres and tax havens are fully integrated into the global financial system and large shares of trade and capital movements are channelled through them. Using tax havens is now “normal” business practice in most large firms and banks. According to the Financial Secrecy Index (FSI) an estimated $21 to $32 trillion of private financial wealth is located, untaxed, in tax havens around the world. The FSI reveals that the world’s most important providers of financial secrecy (= tax havens) are not small islands as many suppose, but some of the world’s biggest and wealthiest countries (see chart). In a press release about the latest United Nations Trade and Development report 2014 UN officials stated that: “A large proportion of illicit financial flows – which make use of all kinds of mechanisms for circumventing judicial and regulatory oversight – goes through offshore financial centres, based in “secrecy jurisdictions”. Approximately 8–15 per cent of the net financial wealth of households is held in tax havens, mostly unrecorded. The resulting loss of public revenue amounts to $190−$290 billion per year, of which $66−$84 billion is lost from developing countries, equivalent to two thirds of annual official development assistance". This statement have major implications for both tax and aid policy. 

Data: Tax Justice Network
Audit Firms

The world's four largest audit firms - PwC, KPMG, Ernst & Young and Deloitte - are central architects of corporate tax evasion and offshore financial secrecy according to a review of court cases, government records and secret offshore files uncovered by the International Consortium of Investigative Journalist (ICIJ). These four companies have worldwide operations and they employ more than 700,000 people and cash in revenues of more than $100 billion a year. Much of their top leadership is based in the United States and Britain. All of these companies have been involved in fraud but always gotten away with only paying penalties, i.e. no criminal charges, because of the new "too big to fail" philosophy among corporations and governments (ICIJ, November 5, 2014). There is no evidence of this being the case. In Luxembourg, internal company documents reviewed by ICIJ show that PwC has helped Pepsi, AIG, Apple, Amazon, HSBC, J.P Morgan, Lehman Brother, SEB, Cargill, Citygroup, Tele2 group, IKEA and other corporate giants from around the world to slash their tax bills by billions of dollars through secret deals (ICIJ database). These deals may be legal or not (TaxJusticeNetwork) but we won't know until they have been tried in court. Now commentators are speculating that Jean-Claude Juncker may lose his post as EU Commission President since he was prime minister in Luxembourg during the time the deals were struck. The EU commission has tried to downplay this new leak, but Danish MEPs are calling for an independent investigation (Euractiv)

Tax Justice Debate
In Europe
Governments should be able to finance public spending required by their citizens for a more secure and prosperous life. Taxing the wealthy and corporations is key to mobilizing domestic fiscal revenue. Without it governments run the risk of becoming dependent on aid or debt which restricts policy. The economic and financial crisis in Europe and elsewhere has raised awareness and frustration among leaders and the public on the issue of tax dodging and its cost to public goods and services. This awareness has, however, not yet led to changes to the underlying causes of the problems, including the lack of transparency and effective tax co-operation between governments. The debate about corporate taxation can be understood in light of statistics on tax collection in the EU-28 countries. The latest figures from Eurostat show that in all EU Member States, taxes on capital make up the smallest share of tax revenue compared to labour and consumption (see chart below). A recent report "Hidden profits: The EU's role in supporting an unjust global tax system 2014" from Eurodad showed that practices facilitating tax evasion by transnational corporations and rich individuals are widely used in the EU, in some cases so governments can claim to be "tax competitive". The study also showed that many European countries have a large number of tax treaties with developing countries that often push down the taxation levels on financial transfers out of developing countries, thus creating tax loopholes for transnational corporations. Spain, the UK and Sweden have negotiated the biggest reductions in developing country tax levels, despite several studies proving the negative effects these treaties can have on developing countries (Eurodad, 2014).
Sources of tax revenue in EU-28.
Source: Eurodad (2014) 
In Sweden
Corporate tax rates in Sweden are average compared with other countries in the EU. However, a proportionally higher part of the total tax revenue in Sweden comes from labour, while the part that comes from capital is much lower than the average. 13% of the total tax revenue comes from capital, while the average in the EU is 20.8% (Eurodad, 2014). Unlike most countries, Sweden neither taxes inheritance, gifts nor net wealth (SVT, 2014). In an effort to bring money hidden in tax havens back to Sweden, a special "tax amnesty" has meant that the number of people voluntarily reporting wealth hidden in foreign accounts has increased. During 2013 more than 2000 individuals chose to repatriate their wealth to Sweden from various tax havens. Although this amnesty is estimated to have given some SEK 1.7 billion to the state treasure since 2010 these measures are not uncontroversial. Many people object to rich individuals committing tax crimes and getting released from penalty while low-income people have to pay. The former Swedish government stated that countering tax dodging was a high political priority but in spite of this they were not supportive of obligatory regulations on the EU or international level. There is an ongoing debate in Sweden regarding tax avoidance in publicly financed companies in the welfare sector. An examination made in 2014 by the newspaper Dagens Nyheter showed that the five largest healthcare provider corporations, with joint profit of SEK 1.2 billion, only paid SEK 26 million in tax. The chart below rates Swedish policy in regards to tax treaties, and standards applied, with developing countries. The overall result shows a downward trend
GREEN= The government uses UN Model when negotiating tax treaties, YELLOW= The position is unclear, the government does not systematically apply one specific model (UN or OECD), and RED= The government applies the OECD Model that does not ensure effective anti-abuse clauses. Source: Eurodad, 2014



TTIP trade deal and it's impact on democracy

Trade agreement being negotiated behind the scenes

In my last post I had a critical look at the trans-pacific partnership (TTP). And so to be fair and also bring this issue closer to home I will in this post have a look at the Transatlantic Trade and Investment Partnership (TTIP). TTIP is very similar to TTP, a proposed regional free-trade agreement, but between the European Union and the United States. Proponents of TTIP argue that it would result in multilateral economic growth, while critics argue that it would increase corporate power and make markets more difficult to regulate for public benefit. Like TPP this trade agreement has been delayed by leaked draft documents, due to it's secretive nature, but could be finalized by the end of 2014.

Corporate Control

Similar to the case of TTP a very controversial clause in the TTIP is the Investor-state dispute settlements (ISDS). The ISDS would allow corporations to sue governments, for any government action (at any level, including local government level) that limits a corporation's future profits. One example of how the ISDS clause in TTIP would impact countries can be found in the case of the Swedish, part state owned, energy company Vattenfall suing the German government over the issue of terminating nuclear power plants. Vattenfall demands payouts of 4,7 billion euros (Der Spiegel), and has caused outrage in Germany. Other examples includes tobacco companies suing the Australian government over health labeling of cigarettes, and fracking companies suing the Canadian government over environmental protection. The original justification for introducing ISDS in trade agreements was for trade deals with countries where the judicial system was weak in protecting foreign investors. But this is not the case with either the EU or the US. According to the latest UN report on the topic, ISDS cases has increased from 0 in 1992 to 514 in 2012.

Responses by civil society

There is now a growing civil society resistance to TTIP and ISDS inclusion in the TTIP negotiations. Last month there were 450 protest actions across 24 member states (The Greens Europe). The European NGO Finance Watch writes about ISDS that "the very principle of such a mechanism is anti-democratic, because it allows investors to challenge legitimate regulations and other rules that have been created and voted by democratic institutions with a view to protecting their citizens". Corporate Europe Observatory (CEO) has reported that of 560 lobby encounters that the European Commission trade department held to prepare the negotiations, 520 (92%) were with business lobbyists, while only 26 (4%) were with public interest groups (CEO). That must be considered corporate capture. A large number of European scientists have also voiced concern over ISDS legal nature, quote "there is little evidence linking the conclusion of the Treaties to increased flows of foreign direct investment, and there is little evidence that they contribute to other development goals, such as encouraging good governance" (University of Kent). And a recent study from Tufts University has concluded through modelling that TTIP could lead to: net loss in exports for the EU, a net loss in GDP, and a loss in employment of some 600 000 jobs, and the author conclude by stating that "In the current context of austerity, high unemployment and low growth, increasing the pressure on labor incomes would further harm economic activity" (Capaldo, 2014).

Impact on environment, health and food standards

Many environmental organisations fear that the TTIP will ignite a "race to the bottom" regarding environmental regulations in the EU, so that they come to resemble the US far weaker regulatory system. Most likely the TTIP will accelerate the privatization of public goods and services such as National Health systems. This could have tremendous effects on public health. And many analysts agree that TTIP would allow big food corporations to avoid food safety regulations and undermine sustainable agricultural practices in the rush for profits and trade. For example, the US has much weaker standards on animal welfare, ecosystem protection and GMO labeling. These are serious citizen concerns that has not been sufficiently addressed by governments wishing to take part of the TTIP.


Conclusion

Trade unions, consumer groups, environmentalists and digital rights activists are opposed to increasing corporate rights over sovereign nations. Almost all (centre-)left groups in the European Parliament have voted against ISDS. So have the French Assemble and the Dutch Parliament. In Sweden, however, both the moderates (M) and social democrats (S) are positive to the TTIP (ETC, 2013). The current prime minister, Stefan Löfven, has stated that he welcomes the TTIP but that "social justice issues should be included" (ibid). This is a paradox since the (S) representative Mikael Damberg in a leaked document to Cecilia Malmström, the EU commissioner for trade, has signed a letter pushing for ISDS inclusion in TTIP (TTippen.se). The most troubling issue is perhaps how much of the negotiations have been kept secret from public and governmental scrutiny, similar to the TPP. Moreover it seems that countries have become so desperate for economic growth that they are willing to throw everything they worked for, in terms of environmental and health regulation, out the window. I am also surprised that conservatives don't seem to react to this issue as much as the left, one might think that they should be even more concerned with national sovereignty.