US Inc faces uneasy test of doing business

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President Donald Trump vowed to end business as usual in Washington. Global companies are now learning just what that means.

 

What began before his inauguration, with attempts to cajole corporations like Toyota Motor into keeping jobs in the US with critical tweets, is now escalating into a crucial test for business leaders trying to maintain cross-border flows of people and goods that underpin commerce in the 21st century.

 

Trump’s Friday signing of an executive order barring the citizens of seven Muslim-majority countries from entering the US, on the heels of his war of words with Mexico over trade, alarmed executives from big employers including General Electric (GE), Google and Microsoft.

 

GE Chief Executive Officer  (CEO) Jeff Immelt’s response underscored the delicate balance business will have to strike. “We have many employees from the named countries and we do business all over the region,” he said in an internal e-mail. While he called his staff “critical to our success,” he avoided direct criticism of Trump’s policy. GE “will continue to make our voice heard with the new administration and congress and reiterate the importance of this issue,” he said.

 

Trump’s order shut the door to nationals of Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — including refugees, visiting scholars and even permanent American residents who happened to be abroad for work or holidays.

 

“We would never think this would become any kind of an issue,” Ludwig Willisch, chief executive officer of North American operations at Bayerische Motoren Werke, said at an automotive conference on Saturday. “This country is a melting pot, freedom of speech, everybody gets together and creates this great country. So, we were not prepared for this kind of thing.”

 

In a sharply worded message to staff, Lloyd Blankfein, Goldman Sachs’s long-time head, broke with the Trump administration over its controversial attempt to crack down on immigration. The voicemail, sent on Sunday to the firm’s 34,400 employees, pits Blankfein against an administration stocked with Goldman Sachs Group veterans, including his former No. 2, Gary Cohn, and key Trump advisor Steven Bannon. Blankfein told employees that President Donald Trump’s executive order, parts of which were blocked by federal courts, is at odds with the firm’s long-held policies on workforce diversity and could disrupt Goldman Sachs’s business. “This is not a policy we support,” the chief executive officer said. Other Wall Street firms took a softer approach. JPMorgan Chase & Co’s operating committee, led by CEO Jamie Dimon, said in a memo to staff on Sunday that it’s “grateful for the hard work and sacrifices made to keep our country safe,” and that the country was “strengthened by the rich diversity of the world around us.” It didn’t express an opinion on the policy.

 

Wells Fargo & Co and Morgan Stanley said they were monitoring the ban’s impact on employees.

 

Steve Schwarzman, CEO of the world’s largest private equity firm, Blackstone Group, took a pass when asked about the immigrant order’s effect on his business. “I’m not going to comment on that,” he said at a Catholic Charities luncheon on Sunday, where Governor Andrew Cuomo and Senator Charles Schumer, both New York Democrats, used their remarks to about 150 guests to oppose the order.

 

Optimists suggested he would quietly drop pledges to tear up trade deals and reconsider defense commitments to allies.

 

The about-face was epitomized by Tesla Motors Inc. founder Elon Musk; earlier this week he praised Trump’s nominee for secretary of state, former Exxon Mobil Corp. CEO Rex Tillerson, as a potentially “excellent” pick. On Sunday, Musk asked his 6.89 million Twitter followers to read the immigration order and suggest amendments, which he will then take to Trump’s CEO advisory council to develop a consensus and present to the president.

 

On the other hand, US auto companies, whose home state of Michigan has a large Arab community, have yet to make their views known.

 

Wall Street has also largely stayed out of the fray. At some of its biggest banks, executives said they were struggling to understand whether the order will ultimately apply to employees who work in the US with green cards or legal work permits. If it doesn’t hit visa holders, few major companies’ employees will be affected, according to one executive who asked not to be identified because he wasn’t authorized to comment. On Sunday, JPMorgan said it was working to assist affected employees.

 

Starbucks Corp. CEO Howard Schultz said the executive order left him with “deep concern, a heavy heart and a resolute promise.” The coffee chain will redouble efforts to hire as many as 10,000 refugees over five years in 75 countries, he wrote in a note to employees Sunday.

 

Reaction to the ban was sharpest from the technology industry, with Twitter awash in reminders that Apple Inc. co-founder Steve Jobs was the son of a Syrian immigrant. Among the first to speak out was Google CEO Sundar Pichai, himself an immigrant from India, who called the policy “painful.” Another India-born CEO, Microsoft Corp.’s Satya Nadella, took to LinkedIn to highlight “the positive impact that immigration has on our company, for the country, for the world.”

 

Trump should expect sustained challenges from the tech industry in particular, said Ian Bremmer, CEO of political consultancy Eurasia Group, because it differs significantly with him on issues from net neutrality to immigration. “While most every CEO wants to just ‘get back to business’ after Trump’s election, that’s going to prove much harder” for technology leaders, he said. “There’s going to be a fight.”

 

Compounding business leaders’ unease was the order’s confused implementation, which included unclear directives on how border agents should treat lawful permanent residents, and contradictory statements about how it would affect those who hold passports from two countries — for example, a dual citizen of Iran and the UK

 

For now, lawyers are advising such individuals not to travel to the US, or to stay put if they already live there. The new rules came into force with no transition period, leaving carriers like Emirates and American Airlines Group Inc. unsure what to do with passengers booked to fly to US airports, or already in the air.

 

“We are committed to protecting our people and will provide whatever support is necessary to protect them and their families,” Michael Roth, CEO of advertising firm Interpublic Group of Cos., wrote in an e-mail.

 

The most important business stories of the day. Get Bloomberg’s daily newsletter. The move’s implications extended far beyond the business world. On Sunday the British long-distance runner Mo Farah, a four-time Olympic gold medalist who
was born in Somalia, said he may not be able to return to Oregon, where he trains and lives with his children. The Academy of Motion Picture Arts and

 

Sciences said Oscar-winning Iranian director Asghar Farhadi may be unable to attend this year’s awards, for which his film “The Salesman” has been nominated.

 

Trump’s order has “significant commercial implications,” said Allyson Stewart-Allen, CEO of International Marketing Partners in London, who advises European companies on doing business in the US “What do you do with an employee on an executive salary who’s sitting in an airport lounge kind of like Tom Hanks in ‘The Terminal’?”

 

Source: http://www.business-standard.com/article/international/us-inc-faces-uneasy-test-of-doing-business-117013100003_1.html

CBDT tightens screws on shell companies

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The Central Board of Direct Taxes (CBDT) on Tuesday issued the much-awaited “guiding principles” for determination of a Place of Effective Management (PoEM) of a company, scotching speculation that the Budget may see its removal from the statute book.

Put simply, PoEM means a place where key management and commercial decisions that are necessary for the conduct of the business of an entity as a whole are, in substance, made.

The CBDT guidelines come barely two months before the end of fiscal year 2016-17, in which PoEM had become legislatively effective, giving little time for Indian multinationals to prepare for the new regime.

The main objective of introducing PoEM was to ensure that companies incorporated outside India but controlled from India do not escape taxation here. It also brings in the concept of residency of corporates with internationally accepted principles, say tax experts.

Girish Vanvari, National Head of Tax, KPMG in India, said that the guidelines stress on substance over form. “They attempt to differentiate between shareholder control, management control and routine decisions. Whilst the guidelines are comprehensive, they are subjective on substance and can be challenged for interpretation in many places,” he said.

Narrower application

Rohinton Sidhwa, Partner, Deloitte, Haskins & Sells LLP, said that what has been released has a narrower application than what was originally proposed. They are also supplemented with examples on isolated facts that will not lead to a PoEM as also illustrative interpretations. The legislative amendment was effective from April 1, 2016, whereas the guidelines are being released only today, Sidhwa pointed out.

Hitesh Sawhney, Partner — Direct Tax, PwC, said thatCBDT has clarified that the intent of PoEM provisions is to target shell companies/companies that are created to retain income outside India and not Indian MNCs engaged in business overseas.

Stress on substance

Aseem Chawla, Managing Partner, ASC Legal, a law firm, said that the finalised guidance relies on substance over form and that routine operational decisions shall not be relevant for PoEM determination.

“Also a panel of three commissioners is to affirm the proposed decision of the assessing officer on the PoEM of a foreign company. Hopefully, this will not impinge upon the right to appeal by the foreign company before a judicial forum,” he added.

Now that the final guidelines are out, will the government go ahead with a Controlled Finance Corporation (CFC) structure or not? Says Daksha Baxi, Executive Director, Khaitan & Co: “My personal view is that CFC is a better anti-avoidance provision, less prone to subjectivity and therefore less litigative.” It seems that at least for the current year, where PoEM is applicable, the government wants to ensure that the provision can be properly implemented, she said.

Rahul K Mitra, Head of Transfer Pricing & BEPS, KPMG in India, said: “With guidelines for PoEM out, it looks like they may not be introducing CFC.”

Jiger Saiya, Partner – Direct Tax, BDO India, echoed his thoughts, saying the “government seems inclined towards implementing the PoEM framework rather than introducing an alternative measure.”

Source: http://www.thehindubusinessline.com/economy/cbdt-tightens-screws-on-shell-companies/article9499358.ece

Demonetisation hits Indian economy; IMF cuts FY18 growth 100bps, 40bps on note ban alone, to 6.6%

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The downward revision, if it translates into reality, will let China temporarily reclaim the fastest growing major economy tag from India

The International Monetary Fund on Monday slashed India’s gross domestic product (GDP) growth forecast by 100 basis points (bps) to 6.6% in FY17 and by 40 bps to 7.2% in FY18, citing a consumption slump after the demonetisation of high-value notes.

The downward revision, if it translates into reality, will let China reclaim, albeit temporarily, the fastest growing major economy tag from India. China’s economy is now expected to grow by 6.7% in 2016, 10 bps higher than the fund’s October 2016 forecast. The communist country is expected to clock 6.5% in 2017, 30 bps higher than estimated earlier, again ceding the fastest growing economy status to India.

graph-10

“In India, the growth forecast for the current and next fiscal year were trimmed by 1 percentage point and 0.4 percentage point, respectively, primarily due to the temporary negative consumption shock induced by cash shortages and payment disruptions associated with the recent currency note withdrawal and exchange initiative,” the IMF said in its latest World Economic Outlook Update.

The revision comes barely four months after it revised upward by 20 bps India’s FY17 GDP growth to 7.6% in October 2016. The IMF’s cut in growth outlook for India is sharper than the recent World Bank’s 60 bps reduction in its India GDP growth outlook to 7% for FY17. In its first advance estimate, India’s Central Statistical Office has projected that the economy will slow to 7.1% in the current financial year from 7.6% in 2015-16. Given the post-demonetisation hit to consumption and investment, many analysts said these might prove to be overestimates.

Global growth for 2016 is now estimated at 3.1%, in line with the IMF’s October 2016 forecast. Economic activity in both advanced economies as well as emerging market and developing economies is forecast to accelerate in 2017-18, with global growth projected to be 3.4% and 3.6%, respectively, again unchanged from the October forecasts.

Advanced economies are now projected to grow by 1.9% in 2017 and 2% percent in 2018, 0.1 and 0.2 percentage point more than in the October forecast, respectively. As noted, this forecast is particularly uncertain in the light of potential changes in the policy stance of the United States under the incoming Donald Trump administration.

Source: http://www.financialexpress.com/economy/demonetisation-hits-indian-economy-imf-cuts-fy18-growth-100bps-40bps-on-note-ban-alone-to-6-6/510822/

India’s share of global economy to increase: Lars Heikensten, Executive Director, Nobel Foundation

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“Digitisation is part of our lives and necessary but it does have consequences”.

India’s share of global economy to increase: Lars Heikensten, Executive Director, Nobel Foundation

Lars Heikensten, executive director of the Nobel Foundation, said he expects India’s share of the global economy to increase while commenting on the role of the country in the emerging world order, ahead of the biennial Vibrant Gujarat Global Summit.

“For decades, the western world has been standing up for democracy, science and facts. Now these values are being questioned. Democratic countries like India, which also have a growing role in the world, need to step up. I think the policies of India are important,” he said. “The world needs more of values that India has been building since the 40s.”

The investor summit will for the first time see the participation of a galaxy of Nobel Laureates apart from various heads of state and global corporate leaders. The Nobel Foundation is the institution that manages the Nobel prizes for physics, chemistry, medicine, literature and peace.

Heikensten emphasised the need for adequate infrastructure to connect people to the digital economy. “In my country Sweden, everyone is connected today. With more people being connected in India, you will see people shifting to digital transactions,” he added.

He also addressed the digital divide and the need to bridge this chasm. “Digitisation is part of our lives and necessary but it does have consequences,” he said.

Heikensten has been governor of the Swedish Central Bank and held various positions in the Swedish ministry of finance, including that of director general and head of the economic affairs department.

“There are risks (with digitisation) and IT policies need to address these issues,” he told ET. “This is not something that will solve itself. People have been left behind in the process and I expect we shall see more and more academic debate on how to keep fairly equal, at the same time we have good economic development… The populist movements in the western countries reflect that people are left behind.”

He said that Sweden, for instance, has become less equal over the years.

“This is not the whole story part but an important part of the story,” Heikensten said. “But it is still very equal compared to the United States where there are wider income differentials between people.”

The link between digitisation of the economy and inequality is not a straightforward one. However, he pointed out that this marks the way forward and said that “we will see more and more countries moving towards digitisation as lot less cash is being used now than before.”

He said that India was one of the countries buying notes from Sweden.

Source: http://economictimes.indiatimes.com/articleshow/56533782.cms

Yellen Sees No Serious Short-Term Obstacles for U.S. Economy

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Federal Reserve Chair Janet Yellen said the U.S. economy faces no serious short-term obstacles, though it must deal with important long-term challenges of low productivity and growing inequality.

“Unemployment has now reached a low level, the labor market is generally strong and wage growth is beginning to pick up,” Yellen said Thursday in a meeting with educators. “Inflation has moved up from a very low level, and it’s a little bit under our 2 percent objective, but it’s pretty close.”

The Fed increased interest rates last month for the first time in a year, to a range of 0.5 percent to 0.75 percent, after judging that near-term risks to the outlook “appear roughly balanced.” Policy makers also indicated they expect to hike three times in 2017, according to the median estimate of their quarterly forecast.

Unemployment was 4.7 percent in December, a slight uptick from November when it reached 4.6 percent, its lowest level since 2007. The Fed’s preferred gauge of inflation, minus food and energy components, was 1.6 percent in the 12 months through November.

Yellen said productivity, a “key determinant” of living standards over the long term, remained at historically low levels and economists were struggling to understand why. Related to low productivity, she said a greater share of income gains were going to workers with higher education, causing inequality to rise in the U.S.

Education and workforce development have been frequent topics of discussion for Fed officials in recent years as technology continues to drive changes in the workplace. Yellen told graduating college students in Baltimore last month that career success will increasingly be linked to education.

Yellen on Thursday was speaking to teachers gathered in the board room at the Fed’s headquarters in Washington and, via web cast, to others through the country. She also touted reforms to banking regulation that followed the financial crisis aimed at making the financial sector safer and more resilient.

“These are very important changes,” Yellen said. “I certainly wouldn’t want to see them rolled back.”

Members of the incoming administration of President-elect Donald Trump have said they will seek to dismantle the 2010 Dodd-Frank Act, the principle legislative response to the crisis.

Source: https://www.bloomberg.com/news/articles/2017-01-13/yellen-sees-no-serious-short-term-obstacles-for-u-s-economy

New Year GIFT for MNC law and audit firms

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Foreign law and accountancy firms now have a chance to operate in India on their own. On January 3, the ministry of commerce and industry amended a rule allowing such foreign firms to set up offices and advise clients from SEZs. The move will initially benefit Gujarat International Finance Tec-City (GIFT).

Current regulations so far do not permit multinational law firms to operate in the country. Indian law and accountancy firms were also not allowed to operate from any of the SEZs. That rule has now been amended which would benefit financial centres.

The notification, dated January 6 but issued on January 3, by the department of commerce allows foreign law and accountancy firms to be established in SEZs. The earlier version of the rule, prior to the amendment, had excluded legal services and accounting.

“This will be the big enabler for the legal and accounting firms to expand their services in multi-services SEZ with IFSC (International Finance Service Centre) and thereby export their services to various global players,” said Nitin Potdar, partner, J Sagar, a law firm. As of now, only GIFT is a multi-services SEZ with an IFSC in India.

“Until now, no foreign law firm could operate in India and not even Indian firms were allowed to provide their services in any of the SEZs. The new amendment allows not only Indian law or accountancy firms to set up a base in GIFT, but even multinationals can directly advise upon international disputes or arbitration by setting up a base there,” Dipesh Shah, head, IFSC at GIFT, told ET.

While many foreign professional services firms such as Deloitte, PwC, KPMG and EY are present in India, they cannot directly operate as auditors and require an Indian affiliate. This amendment does away with that requirement at least in the case of GIFT.

Many Indian law firms have been opposing the entry of multinational law firms in India for some time. Going ahead, many multinationals could set up base in India but they will only be able to advise on cross-border transactions or disputes. Some are also looking to quickly take advantage of this and set up base in GIFT.

“Allowing law firms in GIFT for arbitration or other work would work as a catalyst for economic activities in the country. We ourselves are in discussions to set up an office in GIFT,” said Nishith Desai, founder of law firm Nishith Desai Associates.

But the amendment does not permit foreign law firms to advise Indian clients on local businesses and regulations. Their advice and help would be strictly restricted to arbitrations fought in GIFT, international mergers and acquisitions, international taxation or any other advice for operations outside India.

Industry experts say some foreign law firms may consider partnerships with Indian firms under the arrangement. There could also be stiff competition as both Indian and foreign firms would compete for the same clients in GIFT.

“Many law firms may set up their base in GIFT but that would take some time. And I am a firm believer that it would only lead to betterment of all law firms,” said Desai.

Source: http://economictimes.indiatimes.com/articleshow/56529046.cms

UAE firm launches world’s 1st offsite manufacturing park in TN

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The world’s largest and first fully integrated industrial park has been opened in Tamil Nadu by a NRI-owned multinational group based in the UAE that specialises in innovative offsite manufacturing technology.

KEF Infra, the infrastructure subsidiary of KEF Holdings yesterday launched the KEF Infra One Industrial Park, the fully integrated offsite manufacturing park in Krishnagiri, Tamil Nadu.

The park is built on an area of one million square feet and developed at an investment of Rs 650 crore, the company said in a release.

The chief guest for the occasion was Narayana Murthy, Founder of Infosys and Faizal E Kottikollon, Founder and Chairman, KEF Holdings, Shabana Faizal, Vice Chairperson, KEF Holdings, Sumesh Sachar, CEO, KEF Infra among others were also present.

The park features a diverse range of cutting-edge technology that can revolutionise manufacturing and delivery processes in the construction industry.

“Today, India is at the cusp of growth led by innovation and we are pioneering an age where technology is being effectively integrated into infrastructure, thus heralding industrial revolution 4.0. Our aim is to fast forward this progress by radically changing the landscape of infrastructure in India.

“Offsite manufacturing of infrastructure reduces delivery time by up to two-thirds, thereby speeding up the construction process. The launch of KEF Infra One is a step towards our vision of pushing forth the next phase of India’s growth through world class infrastructure and we are proud to present this to the world,” Kottikollon said who was born into an industrialist family in Kerala.

Narayana Murthy said India has always been on the path of development, and with the arrival of technology, has witnessed exponential growth.

“However, every sector that contributes to India’s progress is supported by infrastructure that is future-ready. This is where KEF Infra is a true pioneer and is helping shape the future of the infrastructure industry as well as that of the country as a whole,” he said.

Source: http://www.business-standard.com/article/pti-stories/uae-firm-launches-world-s-1st-offsite-manufacturing-park-in-tn-116122000574_1.html