Moving Forward

The prospective changes on US-Cuba policy were reinforced by Reince Priebus, the incoming Chief of Staff for President-elect Trump who noted that Mr. Trump would “absolutely” reverse President Obama’s opening to Cuba. Priebus further stated, “Repression, open markets, freedom of religion, political prisoners—these things need to change in order to have open and free relationships, and that’s what President-elect Trump believes, and that’s where he’s going to head.”

During his campaign, Mr. Trump pledged that he would reverse the concessions made by the Obama Administration to the Cuban government unless they meet his demands. We anticipate that the incoming Trump administration will follow through in reversing some of President Obama’s Executive Orders. And based on the President-elect’s discourse over the past month, it seems that the orders that are most likely to be reversed will focus on commerce, especially in the areas of banking and credit financing. These and other restrictions, such as tourism, may be used as leverage against the Cuban government to influence the changes that are necessary for diplomatic relations.

Though the current bilateral talks initiated by the Obama Administration had a promising start, the progress has been virtually non-existent. Whether or not the Trump Administration continues the ongoing bilateral negotiations depends on the actions taken by the Cuban government.

In closing, there will be a transition in Cuba after Fidel Castro’s death. The proper question is what will this transition look like? And will it last? One major challenge facing the United States is to win the propaganda battle regarding its policy and put pressure on the Cuban government, who is ultimately responsible for taking the necessary steps for not only lifting the embargo, but also becoming a part of the global economy.

More information on US-Cuba policy can be found here. For the latest news and events check out the following news feeds;

 

 

 

Next Congress May Expand CFIUS Jurisdiction

There is no doubt that the United States is one of the most welcoming and most sought out countries for foreign investors; however, certain foreign investments could impair the national security of the United States. Pursuant to the regulations, the president has broad authority to “mitigate any threat to the national security of the United States that arises” from a foreign acquisition of a U.S. company or “covered transaction.”

Potential foreign acquisition of U.S. companies that are subject to CFIUS review include, but are not limited to, investments involving critical infrastructure and critical technologies. Pursuant to the regulations, critical infrastructure includes a “system or asset, whether physical or virtual, so vital to the United States that the incapacity or destruction of the particular system or asset … would have a debilitating impact on national security.” While critical technologies include a wide array of defense articles or services controlled for export by the State Department, Commerce Department, of the Department of Energy, among others.

Frankly, many moons ago, as in graduate school years, I was not a huge fan of this process because, at first look, it seems like an unwarranted interference with the free markets. However, decades later and, I hope, slightly wiser, the CFIUS review process remains one of many much-needed safeguards along with export controls that are utilized by the U.S. government to protect and strengthen U.S. national security. Our allies and adversaries are constantly on the hunt for anything that could give them an edge. If they have to steal it, they will. In a heartbeat. Also after the 2001 terrorist attacks on the United States, the CFIUS process should become an even more important safeguard.

According to a series of questions presented to the Comptroller General, Congress seems to be a laying a foundation for expanding the jurisdiction of the CFIUS review process. Stressing that the “evolving nature of national security threats” as well as the aggressive efforts by state-owned foreign companies in China and Russia to invest in the U.S. may require a “structural update” of the CFIUS process. They also request a closer look at “soft power” sectors such as the media and other entities that could be acquired by foreign powers or interests and, potentially, used for propaganda. If you think the latter does not happen, think again. In fact, there are reports that certain Fox News personalities have lost their jobs because certain foreign investors on their board did not appreciate certain news coverage about events in the Middle East.

Opponents of the CFIUS process argue that the process is too secretive, onerous and unpredictable. In the long run, it also chills foreign investment. Compared to other federal regulatory processes, the CFIUS process is not be as transparent; however, consider the subject. It can’t be. Despite this, subjecting a potential transaction to a CFIUS review is usually well worth the cost and aggravation. The U.S. taxpayer has tasked the federal government to safeguard national security and the homeland. The benefits of the process to Americans are substantially outweighed by the potential inconveniences that it imposes on potential foreign investors. Remember that access to the U.S. market is a privilege, not a right.

 

Cybersecurity Awareness Month

October was Cybersecurity Awareness Month. It seemed everyday we were hit with news of cyber attacks or the release of hacked emails. While we tend to think of these events away from home, they are not. How many times have you received countless suspicious looking emails in the past week? Did you open them?

For business owners, do you have a cybersecurity plan in place in the event that your company is hit with a cyber attack? But having a plan is only the first step. The next step is training your employees. A recent article by Inforsecurity Magazine states that 80% of US employees lack having cybersecurity awareness.

According to their survey, the overwhelming majority of US employees were not able to recognize malware, disposed of information safely as well as identify other methods that hackers use in order to get into a computer’s network. The major cause for this failure is a lack of consistent training. A cybersecurity breach most often starts when we open an email or click on a link that does not appear to be valid.

Having a cybersecurity plan and training your employees is vital for your company’s health. Relying on your cyber-insurance policy is not sufficient. Lack of planning will result in the skyrocketing of your expenses due to the emergency nature of containing the data breach. Not having a cybersecurity plan is like coming back to your home severely damaged by a hurricane and not having homeowner’s insurance.

As October ends and we head into November, this is a great opportunity to review or even develop a cybersecurity plan. Unlike hurricanes, cyber attacks are sudden and without warning. The most effective way of limiting damages is through preparation.

Please do not hesitate to contact us to help you review your cybersecurity plan or develop one that is tailored for your company.

What is Your Company’s Foreign Policy

The improvements of technology in the form of video conferencing, e-commerce and other various methods of communication have significantly lowered the costs of doing business abroad. The benefit of these developments have allowed small to mid-size companies to consider expansion into international markets. The expansion into global commerce was considered something typically reserved for large companies that could afford the cost of international communication. Since technology has lowered these costs, it has become even more important for organizations to familiarize themselves with regional trends and geopolitics. Businesses must become familiar with international affairs, beyond what is reported in the news, in order to achieve an advantage over other companies that are doing business abroad.  

Questions of international relations and geopolitics were once reserved for presidents, prime ministers, and politicians. Now more than ever, small corporations that have an interest in expanding their business to the international market must ask themselves where they stand. The Harvard Business Review published an article by John Chipman in their September issue titled, “Why Your Company Needs A Foreign Policy”. Mr. Chipman, director-general and chief executive of the International Institute for Strategic Studies, challenges executives to assess the current geopolitical climate in their analysis of the prospective market. He explains that CEOs need to develop a policy perspective due to the fact that international trade is an essential part of a nation’s economy.

His challenges not only apply to the leaders of large multinational organizations, but also the small companies who expand business ventures outside of the US. This policy needs to be unique and based on the company’s overall vision and values. When developing an international policy, businesses should focus on the following four factors:

Understanding The Political Climate

Understanding the political climate means more than merely assessing a nation’s attitude towards their government leaders. It also requires taking a look at this from a broader and more specific perspective. A great example of this is found in Latin America. The elections of Lula da Silva in Brazil, Rafael Correa in Ecuador, and Cristina Fernández de Kirchner in Argentina among others in the early 2000’s signified the shift in political ideology in Latin America. These policy changes in most cases made it more difficult for businesses to be established in those regions. The recent election of Mauricio Macri in Argentina in 2015 along with the development of the Pacific Alliance by Chile, Mexico, Peru and Colombia signals a shift by Latin American nations from socialist economies to market economies. These countries are now looking to trade and investment as an important economic policy tool to help their country grow.

This study needs to go deeper than just an overview of the nation. The state and local levels must be examined as well. This analysis would be similar to a corporation looking to expand in the United States. Their focus would be to assess potential states as candidates for setting up a factory or an office. Part of that assessment would be a review of the aforementioned state’s economic statistics and the current economic policy. A recent example of this type of analysis would be comparing the level of support for the EU in England, Scotland, Wales, and Northern Ireland during the Brexit vote. The support for the EU was so strong in Scotland that Scots seriously considered supporting a move of separating from the UK after the Brexit vote. However, talk of leaving the UK was put aside when the EU did not meet with a Scottish delegation in hopes of preventing potential problems that could arise from other EU countries that had previous thoughts of creating their own state such as the province of Catalonia in Spain[3].

The Relationship Between the US and The Nation You Will Do Business In

Corporations need to understand the relationship from both the U.S. perspective and the other country’s perspective. The analysis from the latter’s perspective should have been addressed in the first factor. Recently, with the U.S. taking a more passive approach to pending crises, countries have begun to question the once proactive policies of the United States. This concern regarding the U.S. may be transferred to American corporations as their level of involvement is assessed. Also, businesses need to be aware of any free trade agreements or tax treaties that U.S. and the other nations may be a signatory of. Tariffs and tax rates can either be an obstacle or an incentive when entering a new market.

Be Familiar With Sanctions and Anti-Corruption Laws

The BNP Paribas settlement with U.S. Department of Treasury in the amount of $8.9 billion for violating sanction laws when their clients dealt with Iran, Cuba, and North Korea is an example of the impact of sanctions law[4]. As Mr. Chipman noted in his article, there is a “proliferation of sanction laws.”

Companies should also be aware of anti-corruption laws. Developing countries such as Brazil are beginning to place teeth in their anti-corruption laws. The impeachment of Brazil’s President, Dilma Rousseff can be seen as a reflection of this anti-corruption stance. A major reason why countries such as Brazil and others are putting teeth into their anti-corruption laws is because they recognize that investors are not going to invest their capital in countries that are corrupt and have greater risks of losing capital.

Develop Both Business and Political Relationships

Mr. Chipman described this last element, as the development of relationships as one where there is depth “between the government, the oligarchs, and civil society that needs to be appreciated.” When developing these relationships, a company needs to conduct their due diligence to make sure that the individuals or company are not in included on any of the OFAC or Bureau of Industry and Security lists that prohibit U.S. companies or individuals from doing business with them. 

 

PobleteTamargo can guide your company through this process. This guidance will include providing you with the following: asking you the questions necessary to develop your policy vision that will fit into your overall corporate vision; providing you with political intelligence based on our experience in handling international affairs and relationships with members of the foreign policy establishment; and, advice and counsel regarding sanctions law.


[1] See “An Overview of the Socio-Economic Conditions of Miami-Dade County,” May 2007, http://www.miamidade.gov/planning/library/reports/2007-socio-economic-overview.pdf

[2] See “International Trade & Commerce,” Miami-Dade County Economic Development & International Trade, http://www.miamidade.gov/business/international-trade.asp

[3]See “Brexit: Spain and France Oppose Scotland EU Talks,” BBC News, June 29, 2016, http://www.bbc.com/news/uk-scotland-scotland-politics-36656980

[4]See “Treasury Reaches Largest Ever Sanctions-Related Settlement with BNP Paribas SA for $963 Million,” U.S. Department of Treasury, June 30, 2014, https://www.treasury.gov/press-center/press-releases/Pages/jl2447.aspx

Data Security and Presidential Campaigns (PART II)

The resulting damages have finally caused campaign leaders to directly address the devastating affects of data breaches and how important it is to be proactive. Ms. Donna Brazile, the interim DNC Chair has announced the formation of a Cybersecurity Advisory Board. The board’s goal is to review cybersecurity policies and ensure that data leaks do not happen again.

The announcement of the newly created board, however has met criticism at the seemingly weak attempt at legitimate prevention. Experts in the field were quick to point out a major flaw – Out of four members that make up the DNC board, none of them have a technical background in cybersecurity. One critic of the under qualified panel, Senior Legislative Manager at the DC-based internet policy group Access Now voiced his concern in an article by Vocativ. “Washington D.C. has a history of omitting technologists from conversations about cybersecurity. The threats to cybersecurity continue to grow. It is imperative to have technology experts who understand the reach and ramifications of tools and decisions in the room when policies are being decided upon,” he states.

Although the policies and actions the DNC Advisory Board may implement are unknown, the lack of software and technology experts or experienced cybersecurity professionals is a concerning indication of its’ potential. The issue of cybersecurity is a fluid situation and requires the ability to fully comprehend the evolution of technology and new developments, whether it is a new virus or different breach attempts by bad actors. The lack of experience and background in the implementation of technology, as well as dedication to proactively securing personal data, can create an unrealistic expectation in successfully protecting your company’s information.

At PobleteTamargo we recognize the importance of creating policies that will complement the products you will use to protect your client’s information. For more information on types of prevention and preparation for potential breaches see our Privacy, Data Protection & Security page.

Read more from Part I of Data Security and Presidential Campaigns Here.