Topic: International Economics and Development

Schumer-Bloomberg on Sarbanes-Oxley

Apparently I am not alone in the skepticism I expressed last week concerning an oped by Sen. Chuck Schumer (D-NY) and New York City mayor Michael Bloomberg, in which the duo decries the ill effects of regulation and frivolous lawsuits on New York’s financial services sector.  Four of the five letters to the editor in today’s Wall Street Journal expressed incredulity that these two pols could possibly expect to be taken seriously on the subject, given their otherwise steadfast support for government intrusion into our lives. 

I don’t know the newspaper business, but I have an inkling the WSJ ran their piece not so much for the good ideas it contained, but because it knew that the juxtaposition of those ideas with that by-line would elicit a spankfest from its readership that would lend itself to today’s title of the Letters to the Editor section: ”Schumer and Bloomberg Are For Less Regulation? Is This a Joke? (sorry, subscription required).

There was one letter, however, that actually defends Sarbanes-Oxley and the huge regulatory burdens imposed upon financial services firms operating in New York because it “gives our New York financial market a distinct competitive advantage [relative to London].”  Come again?  Yes, this letter argues that, ”while it is quite true that there are more regulatory bodies and higher fines in New York than overseas, that is only a temporary situation.”  The author argues not that those U.S. regulations will be relaxed, but that the regulatory burden on firms operating in the London market will be just as heavy in the future, and that New York firms are lucky to have a head start on the learning curve.

To put this all in context, the author of the pro-regulation letter is a vice president at Orchestria Corporation (a New York company), which is an entity that “helps companies achieve compliance and good governance through electronic communication control.”  Orchestria is in the business of helping it’s customers “to efficiently manage the burden of regulation and ensure compliance.”  In other words, Orchestria (and probably hundreds of companies like it) is the Frankenstein of Sarbanes-Oxley.  Although people like Schumer and Bloomberg are recognizing rhetorically the damage caused by regulatory overkill, righting the ship will be more difficult than just publishing an oped.

Sarbanes-Oxley has created a whole new industry that benefits from the status quo.  I wonder if they know any politicians who would enjoy their financial support.

Classical Liberal International Hootenanny

Several hundred friends of liberty have gathered in Guatemala City for the 2006 international meeting of the Mont Pelerin Society.  The Cato Institute is well represented, with numerous Cato authors, adjunct fellows and scholars, officers, board members, and sponsors in attendance.  Right now we’re being treated to a great talk on “Latin American Populism” by the brilliant and insightful Alvaro Vargas Llosa.  The papers are really of a high order and represent a serious intellectual effort by advocates of freedom and limited government to address new and emerging challenges to classical liberalism.  It won’t do just to repeat the same old themes; advocates of individual rights, toleration, free markets, free trade, and limited government have to address new issues and to engage our critics fairly and squarely.  I’m really pleased to see that happening here in Guatemala, among participants who have come from throughout the world, from Mexico and Mongolia, Germany and Ghana, India and Ireland, Jordan and Japan.  (I’ll post a few times on some of the papers and presentations, at least those that strike me as the most interesting.)

Schumer’s Epiphany?

I had to do a double take of the by-line of an unabashedly pro-capitalism op-ed (subscription required) in today’s Wall Street Journal. Yes, indeed, that was Sen. Chuck Schumer (D-NY) who co-authored a piece with New York City mayor Michael Bloomberg on the need to rethink stifling regulation of America’s financial services industries, and to consider tort reform.

Lamenting the relative decline of NYC as the world’s financial capital, Schumer and Bloomberg identify stifling regulation and frivolous law suits in the United States as major factors contributing to London’s and Hong Kong’s relative ascent as premiere locations for initial public offerings in recent years. Among the facts they cite is that in 2005, only one out of the top 24 IPO’s was registered in the United States, while four were registered in London. Moreover, “next year more money will be raised through IPOs in Hong Kong than in either London or New York.”

Schumer and Bloomberg cite regulatory costs that are 15 times higher in the United States than in Britain, an adversarial relationship between “tough cop” regulators and business in the United States, and the surging costs of securities-related class action suits as key factors driving business away from New York’s financial houses. The auditing expenses associated with the requirements of Sarbanes-Oxley are deemed to have grown “beyond anything Congress had anticipated.”

These are indeed serious problems, but it’s hard not to laugh about the irony. Schumer’s never met a regulation he didn’t like. He’s never been a friend of business. Of course he voted for Sarbanes-Oxley, along with all of his colleagues in the Senate, but he also led the charge against Kelloggs, General Mills, and the other cereal companies in the 1990s, when the price of Lucky Charms became unacceptably high to him. Just last summer, Schumer urged federal regulators to examine the behavior of oil companies to make sure they weren’t holding back production. And Schumer has been quick to ascend the podium to decry America’s growing trade deficit, urging, at times, government intervention to “correct” that growing problem.

That Schumer is suddenly opposed to stifling regulation and is saying things that are sure to upset the trial lawyers is welcome news. But it is likely just a fleeting flirtation with enlightenment. Let’s see what happens when someone points out to the Senator that New York’s capacity to attract IPOs, and the foreign investment that follows, is more a cause of the U.S. trade deficit than any “unfair trade” practices he assails. Which cause will he champion then?

The Upside of Nature’s Wrath

Fourteen months after Katrina devastated large swaths of the Gulf Coast, the Commerce Department has finally gotten around to promulgating new regulations that could relax antidumping and countervailing duty restrictions for a temporary period after the next national emergency.

In the weeks following Katrina, some observers (including this one) pointed to the absurdity of maintaining restrictions on foreign cement, lumber, and steel when the costs of those crucial building materials comprised a substantial chunk of the projected reconstruction bill.  Of course, trade restrictions raise the cost of production to U.S. businesses and the cost of living for U.S. citizens everyday.  But the effects of the hurricane provided an extreme example of the lunacy of trade restrictions, which is what was necessary to get the Commerce Department to acknowledge that its protectionist trade policies carry real costs.

The scope of circumstances that will trigger temporary lifting of trade remedy restraints prospectively is a bit unclear, but it requires the president to authorize Commerce “to permit the importation of supplies for use in ‘emergency relief work’ free of antidumping and countervailing duties.”  Considering that emergencies are typically met with a costly (and often mismanaged) federal response, a regulation that actually mandates loosening the federal noose is welcome news indeed.

Now, all we need is a president who will consider it “emergency relief work” to educate policymakers about the predictable impact of constrained supply on price. 

America’s National Truck?

As another election approaches, Americans have probably grown jaded toward politicians who use naked appeals to patriotism to win votes. Now patriotic appeals are being enlisted to sell pickup trucks.

Baseball fans watching the World Series game Friday night witnessed an ad by General Motors that had nothing to do with the finer qualities of its Silverado pick up truck. Set to the driving beat of a John Mellencamp song, “Our Country,” the ad flashed images designed to tug at the heart of every red-blooded American. (It certainly tugged at mine.) Here’s how a New York Times story today described the ad:

As the commercial begins, an industrial history rolls out, touching the usual icons of the Statue of Liberty, busy factory workers and Americans at their leisure. But then a more conflicted narrative emerges, quickly flashing on bus boycotts, Vietnam, Nixon resigning, Hurricane Katrina, fires, floods, then the attacks of Sept. 11, replete with firefighters.

All that’s missing is a plague of locusts, until the commercial intones ‘This is our country, this is our truck’ as a large Silverado emerges from amber waves of grain.

The not-so-subtle message is that if you are a real American, you buy a real American vehicle. Of course, this is not the first time patriotism has been exploited to sell a product, but the ad obscures an important fact about the American automobile industry: it is far more diverse today than the Big Three of Ford GM, and Chrysler.

In a Cato Free Trade Bulletin published over the summer, my colleague Dan Ikenson and I showed that, while Ford and GM in particular have struggled with declining sales and huge losses, the U.S. automobile market remains healthy. Last year, American workers produced about 12 million cars and light trucks domestically, including those made in factories owned by Honda, Toyota, Nissan, and BMW. American families can chose from a wider range of affordable, quality vehicles than perhaps ever before.

The Big Three have been losing market share, not because Americans are any less patriotic than in the past, but because Americans are increasingly exercising their freedom to decide for themselves what  is “our truck.”

Honest, Abe Wants School Vouchers

The Guardian reports today that Japanese prime minister Shinzo Abe is in favor of school vouchers – and Japan has more experience with market education than most countries, due to its multi-billion-dollar for-profit tutoring industry.

A number of Japanese scholars have observed that their nation’s success on international tests would be unthinkable if it weren’t for the huge popularity of these “juku” tutoring schools. So it begs the question: if the market has worked so well in the tutoring sector, providing education that is so much more flexible, child-centered, and effective than the monopoly school sector, why not liberalize the entire education industry by eliminating the preferential tax funding status of the government schools?

Some will argue that Japan’s private juku schools are too narrowly focused on test preparation, but this is merely a symptom of the niche that juku currently fill in the marketplace. Japan also has numerous traditional private high-schools. Get rid of the financial discrimination currently practiced in favor of government-run k-12 schools, and a wealth of new educational options would arise.

And while the Japanese already trounce much of the world in math and science with only their tutoring schools organized along free market lines, just imagine how they would do with a fully liberalized education market from kindergarten through high-school!

A Great End to the Conference on ‘Freedom, Commerce, and Peace’

I’m really happy with the conference on “Freedom, Commerce, and Peace: A Regional Agenda.” We had Georgians and Russians, Ukrainians and Belarusians, Armenians and Azeris, Iranians and Iraqis, Romanians and Moldovans, and on and on…28 nations in all.

The first discussion of the last day of the conference was of a high order, with Robert Lawson speaking on the Economic Freedom of the World Report and Cato’s new Senior Fellow Andrei Illarionov offering a high-level critique of methodology and suggestions for improvements. The discussion was very scientific and really focused attention on the issues of explaining the relationship between liberty and well being. Ricardo Martinez Rico, former Deputy Minister for the Budget of Spain, gave a fascinating and practical guide to how Spain managed to get its state budget under control, along with concrete proposals for the assembled reformers from Eurasia.

The three workshops (organizing a think-tank, involving free media in public information campaigns, and using the economic freedom of the world data to promote reform) went well, as did Johan Norberg’s presentation on the environmental case for property rights, which moved participants to avoid environmental disasters by promoting transferrable rights in fisheries, forests, and other natural resources. Some other highlights were former Croatian Justice Minister Vesna Skare-Ozbolt’s presentation on “Improving the Rule of Law” and the presentation and discussion of Warren Coats’s paper on “Creating Monetary Stability and Financial Sector Freedom.” (Ok, the others were good, too, notably the energetic presentation by my friend from Belarus, Jaroslav Romanchuk, on how to convince the public of the benefits of liberty.) 

The papers will be collected and edited over the coming months; my plan is to publish them in English and in Russian editions.

Finally, the concluding banquet address by former Estonian Prime Minister Mart Laar was outstanding — the perfect rousing and inspiring conclusion to the conference.

I’m confident that this conference will go a long way toward creating and strengthening a network of classical liberal reformers throughout Eurasia, all armed with practical information and advice on how to promote the rule of law, individual liberty, and peace. And I’m so, so, so happy about it — especially now that the work’s over.

I took the day off on Sunday and took a long trip with other foreign participants to Kakheti to visit ancient Georgian churches, see the countryside, and taste the local wines. The churches were remarkable, the countryside showed how important economic growth is and how much (it’s currently running about 11%) will be necessary to overcome the legacy of Soviet poverty (as shown by the ruined churches we visited). But the process is clearly underway, as evidenced by the rationalization of and improvements to the wine industry. In addition to the natural beauty and the remarkably hospitable people, the wine and food in Kakheti were excellent. (I’m a big fan of Georgian wines. They’re excellent. If you have a chance to try them, ask for the dry wines of Mukuzani or Sapaveri.)