Monday, 17 April 2017

Why are businesspeople smuggling funds out of the country?

There has been much ado about the evil businessmen smuggling funds out of South Africa, as well as out of other developing countries, thereby depriving those countries of the capital needed to develop their industries, and so causing the poor to remain poor. This has been the reason for the United Nations to appoint Thabo Mbeki as Commissioner of a learned group to determine the extent of the smuggling, and make recommendations on what to do about it. That appointment was remarkable, given the ex-President’s background, but it does illustrate the priority given to the situation by at least some pressure groups in the world body. Apart from much noise and publicity, and the expenditure of large sums of money, however, not much seems to have resulted from the work of the Commission. Recently, a righteously indignant article was penned on the subject in the Cape Times under the title ‘Accomplices to financial murder’ by Wesley Seale, a lecturer at Rhodes University’s Department of Politics & International Studies, in which the author asserts, with some evidence, that some R58 billion left the country in illicit funds flows, and states that ‘The capital is unrecorded and cannot be used or accessed as public funds or private investment capital, meaning that the population does not benefit from its potential impact of infrastructure investment and inevitably pay more, whether through taxes or at the till.’

At first glance it appears true that the country is being deprived of a significant amount of capital, which, presumably, could be well used to improve the conditions for all in the country, probably most notably for the poor. However, in most of the developing countries of the world, which are the ones to complain most vocally about the problem, the amount of capital lost to them in this way is a small fraction of the sums lost to Government-sponsored corruption and fraud, to sheer incompetence in the implementation of measures designed to ‘boost the economy’ which are, in reality, no more than ways to feather the nests of those promoting them, and to the costs of implementing abjectly poor economic policies, which are the real reasons those countries are home to so many poor. The complaints are, in reality, only another way of blaming ‘White Monopoly Capital’ for the problems caused by the Governments in those countries, a way at pointing fingers at others to distract attention from their own failings.

This does not mean to say that the flight of capital, illegal or otherwise is not real, nor that the funds so exported could not have been used by those taking them for the ultimate benefit of the mass of people in the country. Those statements are true, although one may question how the amount was determined. In fact, it is almost certainly significantly greater than the R54,48 billion claimed. However, the correct way to approach this problem is not to demand more legislation or more tightly-imposed legislation. As is always the case in matters such as this, the people drafting the legislation and then enforcing it probably do not number more than a few thousand, and they are poorly funded and poorly experienced to boot, while those doing the exporting of funds number in their millions, and have access to tens of billions of Rands to plan and execute their moves. In addition, those advising the legislators and enforcers do so with a clear eye to their own benefit, which is almost never aligned with those aims seemingly espoused by the writer. A fight against the illicit export of capital is ultimately doomed to at least partial failure. If the flight of capital from the country is to be combatted, it is necessary to understand why it occurs.

There are probably two main reasons why funds are exported illicitly.

The first reason is that the funds were gained illicitly in the first place, and so are exported, or not repatriated, to avoid having evidence of the illicit activities within the reach of the law enforcement agencies, if those bodies could ever be induced to carry out their lawful duties against the perpetrators. If you were planning to steal R254 000 000 from the State, it would require a remarkably low level of intelligence to leave the evidence in plain sight, at Nkandla, for instance, or an absolute assurance that the Minister of Police would be subject to inducement to lie to Parliament about the evidence. If you were planning to take a huge bribe, about $20 000 000, from a munitions supplier as an inducement to grant a contract of supply amounting, ultimately, to $5,4 billion, you would be much more inclined to direct that the funds be paid into your personal bank account in Geneva, where they would, hopefully, remain hidden from the investigative authorities in your own country as well as that of the supplier, discounting as unlikely the possibility that a slightly inebriated representative of the bribing company would brag to drinking companions about his role in making the deposit, or that, as a result of that bragging, the Police in the foreign country would investigate and find a written note of the negotiations for that and other similar bribes.

There is persuasive evidence that at least one of the many crooked Presidents of developing countries has been deeply involved in nefarious activities of this nature, and any determined investigation of their involvement in business activities such as those illustrated will certainly raise many questions that need to be answered, by, unfortunately, those who are also compromised in this way. It is remarkable how few sitting Presidents and Ministers of State have been imprisoned for conduct of this nature, but, given the rumors, it is almost certain that their actions represent a multiple of the amount of R54 billion spirited away illicitly. There are methods of countering this reason for illicit flow of funds already in place: They must simply be applied vigourously and with determination, by people who are not dependent for their jobs on the goodwill of those in power who may benefit from the perversion of those methods.

The second reason why funds are lost to the country is much more profound. The funds are mostly derived from business activities that, in their essence, are mostly honest and, in most cases, result in the legitimate generation of economic activity and jobs. The money is, in all conscience, the property of the person or company that conducted that activity and would not otherwise be subject to censure. If it were not exported, it would be subject to taxation in that country, and thereafter to the rules and laws of BBEEE, to levies and limitations, to an obligation to service the wishes of all ‘stakeholders’, most of whom are rewarded for whatever contribution they may have made in the earning of that wealth by land taxes, by high wages gained by means of union blackmail and by the payment of an unreasonably high level of taxes and levies, and, ultimately, to further taxation when the residue is distributed to the shareholders of its legitimate owners. And therein lies the real source of the problem. The modern State, as represented by the Governments of developing countries have an absolute conviction that they are the owners of the wealth of the countries, disregarding the people who generate that wealth as inconvenient necessities in the generation of the wealth. The entrepreneurs who invest capital, time, ingenuity and risk do not share this socialist-Marxist view, and feel that they are entitled to retain a greater proportion of the profit they create, often in spite of the actions of the Government, and a greater proportion of control over how those profits should be applied. By virtue of the fact that they are in a small minority, at best, in the voting process to decide who will form the Government that will decide the rules, they do not believe that they can possibly get a fair deal from the State, and so take steps to protect what they can of the total of the wealth that they create.

The limits of what these entrepreneurs are prepared to tolerate are stretched a little by the amounts that they are able to move to a place where they can have better control of the fruits of their creation, and so those entrepreneurs are willing to retain their investment in the country. Where the opportunities do not exist to stretch those limits to an acceptable extent, the entrepreneurs and investors will take the obvious step of departing altogether from that State, a step which, although small each time, will ultimately have a disastrous effect on the State. Without the capital they invest, the skills they are able to muster and the activities they create, the countries they leave will increasingly take on the hue that is Zimbabwe. That is the simple set of facts that need to be understood by any analyst willing to forego the socialist-Marxist line of belief, and understand that capitalism is significantly more good than bad. Capitalism does have bad facets, but it also has significant good ones too, and the art of good government is to enhance the good and minimize the bad by means that do not throw the good baby out with the bad bathwater. Unfortunately, those elected by the (relatively) poor majority feel that they have been given a mandate to exploit the productive minority which makes up the bulk of real economic activity in order to appease the vocal majority while, incidentally, skimming off enough to make their own efforts sufficiently rewarding to remain in the ‘demanding’ positions required to rule the country. As in the case of Robin Hood, they steal from the rich to give to the poor, mainly because the poor have nothing to steal.

All nice theory, you might say, but is it true? The short answer is that cases abound to demonstrate that the theory is correct. Switzerland and Hong Kong have been strong economies for years, in which the owners of capital felt safe, protected from the depredations of the semi-dictatorships that abound in Africa. No entrepreneur in those countries would wish to take the risk of large-scale illicit export of capital, simply because they feel that the amount taken from them by those countries is in an acceptable proportion to the value of what those countries provide to them. The same applies to a somewhat lesser extent in Germany, Britain and the United States (in the immediate past), in the Nordic countries and in Singapore. It does not apply in most African developing countries, not at all in Zimbabwe and, to a rapidly increasing extent, not in South Africa. Zimbabwe has passed the point of earning the trust of entrepreneurs, with the result that there is practically no significant entrepreneurial activity there, and what little there is would abscond in an instant if a possibility to do so existed. In South Africa, the level of investment by foreignors has dropped alarmingly, albeit predictably, and there are continuous complaints by Government that the local companies are ‘sitting on piles of cash’, which could work wonders in increasing employment if it were to be invested in the economy. And all the while, those companies are taking active steps to move their activities outside of South Africa while not increasing, or even actively running down their exposure in the country. The simple fact is that the investors do not trust the South African Government to give them a fair deal. They know that they will be subjected to increasing levels and forms of taxation, both direct and indirect (by Eskom increasing its tariffs, for example, and by an increase in the already unjust BBEEE regulations, which seek to punish White Monopoly Capital for its productiveness, rather than harnessing the brains behind that capital, which is only partly White, in the interests of increasing the economic activity for the entire population), and that the Government will continue blithely along the route that has been proven over the duration of ANC rule to be bringing the country to destitution. The recent Ratings Agencies downgrades of South African securities was not the result of an illicit export of capital: it was a direct result of policies that sideline the productive areas of the economy while promoting those activities that are destructive of capital and wealth, such as the continuing subsidy of the terminally-incapable rule by ANC cadres of State-owned entities, supporting the economically-ineffective SAA, PRASA, Sanral, and all their sister companies, and demanding ever more from the wealth creators while pursuing insane policies such as enhanced BBEEE.

It is essential to understand that those who might be persuaded to undertake an illicit transfer of funds are more intelligent as a group than those trying to stop them, that they are, by their very nature, disposed to analyse all possible avenues to increase their net profit, to undertake acceptable risks to do so, and to apply their resources in the best possible way. They will always find a way to avoid the nets that Governments set for them, until the effort is no longer worth the reward, when they will move entirely away from the country, taking their skills, their capital, their business genius and their drive with them.

The cure for the flight of illicit funds from the country? Simple. Understand that the creators of wealth are the owners of that wealth. Give the owners of those funds a reason to keep them in the country, to invest them in the productive activities that created them in the first case. Abandon every policy that aims to move wealth from the producers of wealth to the consumers of wealth, allowing them the opportunity to build the wealth of the nation as a whole. Give tax advantages to every entity, human or corporate, that generates economic advantage, and that converts the onus of supporting the indigent to one that creates income-earning opportunities for those people. Turn the economy around from one that takes from the rich to give to the poor (with a small indulgence to the masters of this process) to one that harnesses the energies and ingenuity of all in driving the economy to the heights of which it is capable.

And most of all, relegate to the garbage heap of history those socialist-Marxist views that make capitalists evil and the poor noble.

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