[Podcast] The historical context of Corporate Diplomacy as an emerging practice

In this first podcast, I will be speaking about the historical context of Corporate Diplomacy as an emerging practice. This historical context is important because it will tell us how Corporate Diplomacy came to emerge as a practice in private organizations.

I am going to give you a few dates within a time frame so that you can be situated historically, which were taken from the United Nations` website. So, in 1865 and 1874 is when we saw the first international organizations to take form. But up until the Cold War approximately, we say in International Relations that we were living in an era of Realism, because we had a “realistic” international system: Nation States were the ony actors – the most powerful actors – who were able to negotiate their individual interests within the international system.

So, if that is pretty much how it was until the Cold War, so why is it exactly that I want to speak about international organizations? Because with the emergence of international organizations this scenario starts to shift a little. So, very lightly, in the beginning – 1865 and 1874 – with the first international organizations, which were the International Telecommunications Union and then the Universal Postal Union, we see these international movements where individual members started to get together to negotiate over particular subjects. Then we had the Treaty of Versailles in 1919 that became the League of Nations trying to establish peace right after the I World War (they weren’t very successful because we had the II World War, so they interrupted their activities). Within the Treaty of Versailles the International Labour Organization also took form. Then we had the II World War, and after we were done with that mess, in 1945 the institution United Nations was officially formed. And then in 1948, the GATT – the General Agreement on Tarifs and Trade – which later became the World Trade Organization – the WTO to establish some sort of negotiation in the international trading system.

These  international organizations started coming into the international scene and becoming more relevant, so they had more relevance in the negotiations – not only Nation States now had to negotiate these multilateral agreements and negotiations, but we also had the international organizations interested in the public good, of course.

But when we reache the 1980s and 1990s, we start seeing these internationalizations movements – the internationalization processes of corporations. You know, majorly American, European and Japanese private organizations that started to establish offices and branches overseas in other territories, and they became these networked private international organizations. These transnational organizations – transnational corporations – they started growing to the extent where some of them can actually be more powerful than some of the Nations States nowadays, and this is where we say that they became powerful enough where they have a lot of influence and a lot of power to come into the negotiation table in the international system. And this is where I say that we see the birth of Corporate Diplomacy, because these institutions are very powerful.

So, just to recap, we had the Nation States, they were the main actors, the most powerful actors, they would do all the negotiations. Then we started seeing the emergence of international organizations into the system and that is the beginning of the diffusion of power in the negotiations, and then more towards the 80s and 90s we see these private organizations – these transnational corporations – also taking form and becoming more powerful and starting to influence decision-making within the public environment.

To add a little more of a theoretical perspective, within International Relations we have a few authors who really theorize this movement and explain what is going on with these dynamics. Robert Keohane and Joseph Nye have partnered in a couple of publications, but I mostly like this publication by Joseph Nye called The Future of Power, and also Susan Strange in her publication called The Retreat of the State: The Diffusion of Power in the World Economy. They both talk about how technology is not put at the center of this transformation, but gains a very significant aspect on why this transition happens. So, information and communication technologies were very influential in the transition of power and the diffusion of power. These two authors, Joseph Nye and Susan Strange in these two books, will explain this in a very concise and a very clear way.

So, with these private organizations having more significance and having more space to negotiate and promote their individual private interests, you have the employees who go out and relate to governments and other institutions and then negotiate their interest. But the thing is that we need to create the mindset in these professionals that they are actual diplomats from these organizations because of how powerful these private institutions are becoming, so they need to be trained as corporate diplomats. It`s a little complex to train these profesisonals, but they have to become more aware of their political influence in the external environment – outside of the organizations of course.

So this was the first podcast, and in the next podcast I will talk about the structure of the corporate diplomacy foreign policy. As much as public diplomacy has its foreign policy as a structured strategy for the State, we need to think of the Corporation as a state, as na institution that has a structured strategy to deal with the external environment.

Stick around, there is a lot more to come!

2018 Economic Outlook Brazil: Foreign Policy

This is the third chapter of the series of posts on the “2018 Economic Outlook Brazil” that is based on the Presidential Message delivered to the Brazilian National Congress in February, 2018 by President Temer. The official document, in its entirety, advises on the key national policies divided into five central pillars: Economy, Infrastructure, Social, Foreign Affairs and Public Administration.

Read below the policy highlights on Foreign Policy. The other posts are Regulated Markets and Structural Reforms.

1. Introduction

In a global scenario trending towards nationalism, Brazil continues to push forward a diplomacy of universalism by promoting multilateral dialogue and integration. Its foreign policy has been implemented towards the interests of economic recovery, job creation, border security and the promotion of welfare.

During the year of 2017, the Brazilian Government continued to give expression to the universalist vocation of its Foreign Policy. Beyond Latin America and the Caribbean, the Brazilian government tried to deepen its diplomatic relations with European countries, North America, Asia Africa and the Middle East. In 2017, Michel Temer visited China (during the BRICS summit), Norway, Portugal and Russia. He also participated in the meetings of G-20 in Hamburg, Mercosur in Mendoza, the UN General Assembly in New York and the WTO Ministerial Conference in Buenos Aires.

Its participation in multilateral institutions is also to be highlighted, having representatives working for the Inter-American Commission on Human Rights, Committee on the Elimination of Racial Discrimination, International Court of Justice and the International Law Commission. Brazil is also in the Presidency of the World Trade Organization.

2. Migration and Refugee Crisis

In 2017, the new Migration Law entered into force, establishing the guidelines for the Brazilian migration policy through which the country has acted in the UN negotiations for a Global Compact on Migrations. The government is also working on improving its mechanisms for granting refuge. Aiming to facilitate the instructions on the process of request for refuge, an electronic ordering system is under development (Sisconare), which will give greater speed, reliability and security to the processes. A working group was also established for the revision of the resolutions of the National Refugee Council (Conare).

3. China

In 2017, China remained Brazil’s main trading partner, and an important source of investment. During the Presidential visit to China, bilateral agreements were signed in the areas of tourism, health and consumer product supervision. The bilateral cooperation also advanced through the launch of the Fund for Brazil-China Cooperation for the Expansion of Productive Capacity.

4. Africa

The African continent is a permanent priority to the Brazilian Foreign Policy. During the UN Assembly, in September, President Temer met with the President of Egypt, Mr. Abdel Fattah Al-Sissi, to discuss economic opportunities for both countries. In the same month, the Mercosur-Egypt free trade agreement entered into force. Egypt is the main destination of Brazilian exports to Africa.

In 2017, the Brazilian Foreign Minister visited Namibia, Botswana, Malawi, Mozambique, south Africa, Sao Tome and Principe, Ghana, Nigeria, Côte d’Ivoire and Benin. During these visitations, cooperation agreements were signed in areas such as visa facilitation, social security, and air transportation, reiterating the country’s commitment to socio-economic development and the consolidation of peace and democracy in West Africa.

5. BRICS

Within BRICS, progress was made towards the consolidation of the New Development Bank (NDB) with the approval of the 2017 – 2021 General strategy, which included the bank’s second batch of loans and the opening of its first regional office in South Africa. In its 2017 summit, BRICS signed the Plan of Action for Economic and Trade cooperation and the Customs Cooperation Strategy.

6. Middle East

Brazilian Diplomacy is also attentive to the geopolitical situation of the Middle East. It defends the two-State solution to the Israel and Palestine conflicts, based on International Law and opposing to the illegal construction of Israeli settlements in Palestine. President Temer met separately, in New York, with the Israeli Prime Minister and the President of Palestine.

In May 2017, the Brazilian Minister of Agriculture, Livestock and Supply visited Saudi Arabia, Qatar, the United Arab Emirates and Kwait, helping to maintain the Brazilian beef exports. To attract investments, the Brazilian government went on a mission to Saudi Arabia, Bahrein, Kwait and Qatar.

7. Regional Integration

In 2017, Brazil prioritized advances in economic-trade relations and in the areas of border cooperation, physical integration and the fight against transnational crimes within the Latin America and Caribbean region. In commitment to the Ushuaia Protocol, members of Mercosur voted on the indefinite suspension of Venezuela from participation in the bloc. In articulation with other 11 countries in the “Lima Group”, Brazil seeks to favor the return of democracy in Venezuela. Internally, an inter-ministerial group was designed to coordinate the reception of the Venezuelan migratory flow in the Northern region of Brazil. A Resolution of the National Immigration Council made it possible to grant temporary residence to Venezuelan nationals for two years.

In April, the Protocol of Cooperation and Facilitation of Investments of Mercosur was signed, and in December, the block agreed on the Protocol for Public Procurement. A free trade agreement started to be negotiated with the European Free Trade Association (EFTA), formed by Switzerland, Norway, Ireland and Liechtenstein. The negotiations for an FTA with the European Union are still under negotiations.

Brazil has also maintained an active participation in the Amazon Cooperation Treaty Organization (ACTO), especially in the illegal deforestation monitoring program, in the projects for water resources management and forest firefighting in the Amazon basin.

8. Foreign Trade

The results of the Brazilian foreign trade have contributed to the return to growth, as the country recorded a surplus of USD 67 billion in 2017. Both exports and imports recovered some of the dynamism lost during the crisis. In May, Brazil requested access to the Organization for Economic Co-operation and Development (OCDE) and, in attempt to speed operational processes, began the implementation of the Digital Origin Certificates and the Consolidated Portal for Trade.

It is estimated the start of production and exporting by companies located at the ZPE in Ceará (Export Processing Zone) has contributed to leverage the state economy. Other ZPEs are already in advanced stages of implementation in the states of Piauí and Mato Grosso.

Source: Presidential Message to Congress 2018 (adapted translation)

Legal Services in Brazil: Business environment, market opportunities and engagement strategy

Generally stating, legal services is a highly competitive sector in Brazil, and engaging in profitable business development often depends on persistent and long term relationship building as an inherent trait of the country’s business culture.

Traditionally, there is a vast area of legal specializations, all of which contain extensive and complex law structures that undergo frequent amendments. Furthermore, new sub-areas are emerging to show growing demand as in response to the more recent dynamics of the country’s economic and market’s development.

As an overview of the commercial structure, corporate accounts and large economic groups sit in the country’s financial hub – the city of São Paulo – and also, on a lower scale, in the city of Rio de Janeiro. Such centralization of accounts is generally consistent in cases of larger ventures held throughout other regions, whilst smaller accounts are negotiated through local offices.

International investment opportunities in Brazil are found within a vast range of segments from which different areas of legal services can benefit from. Throughout recent years, large investments have been particularly applied into the sectors of infrastructure and civil construction, creating high demands for quality legal advise from independent law firms for contract management. However, although through a short term analysis we may identify the stabilization of growth in governmental funding disbursement – which limits new players into larger governmental contracting schemes – and also, considering current crisis in former due diligence practices towards the realization of ROI from large national contractors, public biddings may still be a strong possibility for foreign practitioners provided with strategic local alliances and engaged support from well established groups of interests, including the execution of articulations for technical cooperation from diplomatic officials at institutional levels.

According to the report released in February of 2013 on Perspectives of Investment from BNDES (National Bank for Economic and Social Development) – which strictly follows federal development financing policies – disbursements will considerably benefit the sectors of oil & gas, logistics, and aerospace industries, respectively. In this sense, market entrance for legal services related to such public biddings may be well planned and executed for large and medium sized law firms.

Alternatively, smaller businesses may explore more fragmented market opportunities such as legal disputes and out-of-court negotiations in the financial, consumer, and labour areas. Higher demand seems to be arising in these areas due to the particular effects of lower than estimated economic growth. The underachieved predictions, combined with recent – and quite sudden – eased access to credit have been contributing to the increase of delinquency rates from companies and individuals, and therefore augmenting litigations.

Lastly, it seems fortunately important to highlight the opportunities within the momentum of corporate tax planning and restructuring. This is a market move currently well observed through large leading consulting groups already present in the country such as Ernst & Young, PwC and KPMG, for example. Such legal services may be served by offices specialized in tax legislation.

But foremost, relationship building lies at the core of structuring any engagement strategy within the legal services and business community in Brazil. Besides mapping out and segmenting market opportunities based in the particular interests of the law firm, it is essential to carefully map and analyse specific related institutions – such as the Brazilian Bar Association and other influential organizations. Ultimately, identifying local law firms according to regional market strategies serves the purpose of developing a network of potential partnerships.

The one information source that seems to be especially relevant is the annual publication by Exame SA Advocacia, which concentrates not only a comprehensive sector analysis, but also ranks the 500 largest and most influential law firms in the country, along with including details on size, contact information and areas of commercial activity.

Accession of the Russian Federation to the World Trade Organization

Russia’s accession to the WTO cleared a major hurdle when the WTO Working Party on its accession approved, ad referendum on 10 November 2011, the package spelling out Russia’s terms of entry to the organization. The Working Party will now send its accession recommendation to the 15 – 17 December Ministerial Conference, where Ministers are expected to approve the documents and accept Russiaas a WTO Member. [1]

All unrestricted WTO documents on accession of Russian Federation.

As part of the accession accord, Russia has agreed to undertake a series of important commitments to further open its trade regime and accelerate its integration in the world economy. The deal offers a transparent and predictable environment for trade and foreign investment.

From the date of accession, the Russian Federationhas committed to fully apply all WTO provisions, with recourse to very few transitional periods (see details below). The Russian Federation’s commitments will include the following:[2]

  • Market access for goods
  • Market access for services
  • Export duties
  • General commitments on market access
  • Industrial and agricultural subsidies
  • Pricing of energy
  • Sanitary and phytosanitary measures (SPS) and technical barriers to trade (TBT)
  • Trade-related investment measures
  • Protection of trade-related intellectual property
  • Transparency
  • Functioning of the Custom Union betweenRussia,KazakhstanandBelarus

There is considerable concern about the disparity in incomes in Russia. The richest Russian regions are 67 times richer than the poorest Russian regions in nominal terms and 33 times richer when price differences between the regions are taken into account (World Bank, 2005). The richest regions include the European North, Moscowand the resource rich regions of Siberia and the Far East. The poorest regions include the North Caucuses, Southern Siberia and Central Russia.[3]

All text is reposted Ipsis litteris from its official sources for information purposes only.

Roadmap for discussion for the United Nations Conference for Sustainable Development (UNCSD)

The United Nations Organization plan

Agenda 21

Global Compact

ICC Anti-corruption policy and business practices:The Anti-Corruption Commission encourages self-regulation by enterprises in confronting issues and provides business input into international initiatives to fight corruption.

Business Objectives for the UN convention against corruption: Monitoring, technical Assistance, and asset recovery.

ICC Rules of conduct and recommendations: Enterprises should establish reasonable controls and procedures; follow-up and promote the rules.

Natural Resouces

The U.S., Australia, Brazil, Indonesia, and island states across the Pacific and Caribbean are among those advancing calls for more marine environments to be placed under legal protection, providing sanctuary for threatened species, habitats and ecosystems.

  • Public Health
  • Water

Corporate Sustainability

  • Energy and climate
  • Water and ecosystems
  • Agriculture and food
  • Social development
  • Urbanization and cities
  • Economics and Finance of sustainable development