Economic Statecraft by Other Means: The Use and Abuse of Anti-Bribery Prosecution

Author(s):  
Andrey Tomashevskiy

Abstract The Foreign Corrupt Practices Act (FCPA) is frequently used by the US law enforcement authorities to prosecute both US and foreign firms for bribery in foreign host countries. Evidence increasingly shows that anti-bribery enforcement is associated with a reduction in foreign investment inflows to host countries associated with enforcement actions. The determinants of enforcement actions remain understudied, however. I argue that enforcement actions are often political in nature, operating as de-facto sanctions against targeted countries. FCPA prosecutions can thus be viewed as a tool of economic statecraft, designed to reduce foreign direct investment (FDI) inflows to targeted states and enforce US foreign policy objectives. Using data on FCPA enforcement actions along with data on UN voting patterns, alliances, and US foreign aid, I find that FCPA enforcement actions are more likely to target firms that bribe in host countries with foreign policy preferences that diverge from the United States. This paper is among the first to empirically study the determinants of anti-bribery enforcement and to explicitly consider the political nature of FCPA prosecutions. These findings have broad implication for political economy research on foreign investment, economic statecraft, and corruption.

2019 ◽  
Vol 48 (2) ◽  
pp. 226-240
Author(s):  
Uday Khanapurkar

On 13 August 2018, the president of the United States signed a bill to strengthen the Committee on Foreign Investment in the United States (CFIUS), an interagency executive body responsible for screening foreign investments made in the United States for national security risks. The move is primarily aimed at preventing Chinese firms from exploiting the US open capital markets to acquire technology. While much commentary exists spelling out the changes made to CFIUS by way of the legislation, their focus is largely on the legal and business ramifications of the policy at the firm level. This analysis assesses what CFIUS strengthening portends for the tech ambitions, examines the Chinese state’s response to the move, and observes its relevance to US–China economic decoupling.


Subject Government intervention in foreign inward and outward investments and mergers. Significance The Trump administration is increasingly moving to control undesired foreign investments, as the March 12 presidential order blocking overseas-based Broadcom from merging with US-based Qualcomm showed. President Donald Trump was working on advice from the Committee on Foreign Investment in the United States (CFIUS). Since 1990, there have been only five cases where presidents have blocked mergers; two of these have been under Trump since his inauguration in January 2017. Impacts Foreign firms will face constraints on accessing US intellectual property and tech patents. Trump will impose new visa requirements for Chinese nationals working and studying in the United States. US vetoes of foreign investment and mergers could see other countries respond in the same way. The Broadcom-Qualcomm veto should help the US semiconductors industry maintain a global role in 5G technology. Foreign firms may sidestep the CFIUS by incorporating in the United States, as Broadcom hopes to do next month.


2019 ◽  
Vol 35 (2) ◽  
pp. 143-170
Author(s):  
Gerardo Gurza-Lavalle

This work analyses the diplomatic conflicts that slavery and the problem of runaway slaves provoked in relations between Mexico and the United States from 1821 to 1857. Slavery became a source of conflict after the colonization of Texas. Later, after the US-Mexico War, slaves ran away into Mexican territory, and therefore slaveholders and politicians in Texas wanted a treaty of extradition that included a stipulation for the return of fugitives. This article contests recent historiography that considers the South (as a region) and southern politicians as strongly influential in the design of foreign policy, putting into question the actual power not only of the South but also of the United States as a whole. The problem of slavery divided the United States and rendered the pursuit of a proslavery foreign policy increasingly difficult. In addition, the South never acted as a unified bloc; there were considerable differences between the upper South and the lower South. These differences are noticeable in the fact that southerners in Congress never sought with enough energy a treaty of extradition with Mexico. The article also argues that Mexico found the necessary leeway to defend its own interests, even with the stark differential of wealth and resources existing between the two countries. El presente trabajo analiza los conflictos diplomáticos entre México y Estados Unidos que fueron provocados por la esclavitud y el problema de los esclavos fugitivos entre 1821 y 1857. La esclavitud se convirtió en fuente de conflicto tras la colonización de Texas. Más tarde, después de la guerra Mexico-Estados Unidos, algunos esclavos se fugaron al territorio mexicano y por lo tanto dueños y políticos solicitaron un tratado de extradición que incluyera una estipulación para el retorno de los fugitivos. Este artículo disputa la idea de la historiografía reciente que considera al Sur (en cuanto región), así como a los políticos sureños, como grandes influencias en el diseño de la política exterior, y pone en tela de juicio el verdadero poder no sólo del Sur sino de Estados Unidos en su conjunto. El problema de la esclavitud dividió a Estados Unidos y dificultó cada vez más el impulso de una política exterior que favoreciera la esclavitud. Además, el Sur jamás operó como unidad: había diferencias marcadas entre el Alto Sur y el Bajo Sur. Estas diferencias se observan en el hecho de que los sureños en el Congreso jamás se esforzaron en buscar con suficiente energía un tratado de extradición con México. El artículo también sostiene que México halló el margen de maniobra necesario para defender sus propios intereses, pese a los fuertes contrastes de riqueza y recursos entre los dos países.


1999 ◽  
Vol 25 (5) ◽  
pp. 271-299 ◽  
Author(s):  
BRUCE CUMINGS

At the inception of the twenty-first century—not to mention the next millennium—books on ‘the American Century’ proliferate monthly, if not daily. We now have The American Century Dictionary, The American Century Thesaurus, and even The American Century Cookbook; perhaps the American Century baseball cap or cologne is not far behind. With one or two exceptions, the authors celebrate the unipolar pre-eminence and comprehensive economic advantage that the United States now enjoys. Surveys of public opinion show that most people agree: the American wave appears to be surging just as the year 2000 beckons. Unemployment and inflation are both at twenty-year lows, sending economists (who say you can't get lows for both at the same time) back to the drawing board. The stock market roars past the magic 10,000 mark, and the monster federal budget deficit of a decade ago miraculously metamorphoses into a surplus that may soon reach upwards of $1 trillion. Meanwhile President William Jefferson Clinton, not long after a humiliating impeachment, is rated in 1999 as the best of all postwar presidents in conducting foreign policy (a dizzying ascent from eighth place in 1994), according to a nationwide poll by the Chicago Council on Foreign Relations. This surprising result might also, of course, bespeak inattention: when asked to name the two or three most important foreign policy issues facing the US, fully 21 per cent of the public couldn't think of one (they answered ‘don't know’), and a mere seven per cent thought foreign policy issues were important to the nation. But who cares, when all is for the best in the best of all possible worlds?


2021 ◽  
Vol 17 (3) ◽  
Author(s):  
Gregory Winger

Abstract In 2016, Philippine President Rodrigo Duterte pledged to radically reorient Philippine foreign policy by separating from Manila's longtime ally the United States. Yet, this vaunted break with America has failed to manifest. Joint US–Philippine military activities have continued with President Duterte even singing the praises of his American partners. To understand how this about-face in Manila occurred, I conducted a detailed analysis of the first eighteen months of the Duterte administration. Drawing on primary sources and interviews with government officials from both countries, I argue that the continued vitality of the US–Philippine alliance stems not from disenchantment with China nor personal relationship between Duterte and Trump, but rather from an underlying institutional affinity engendered over decades of defense cooperation. Specifically, institutionalized cooperation within the alliance has cultivated a strong reservoir of support for the alliance within key institutions inside the Philippine government. This case not only highlights the development of the Duterte administration but also illustrates the wider ability of alliances to weather political discord by cultivating support within national bureaucracies.


Author(s):  
Natalia B. Pomozova ◽  

The complex development of China and its transformation into a superpower arouses the US fears, what results in the trade and economic wars between the two countries, as well as in a discursive confrontation. As the conflict between the United States and China escalates, the struggle will intensify not only for markets, but also for the hearts and minds of Europeans (in this article, in particular, Great Britain, Germany, France and Italy are considered). Reflection on Beijing’s behavior in the context of the COVID-19 pandemic will become one of the important sociological factors that will affect the attitude of European citizens towards China, what, in turn, will have a significant impact on the implementation of the PRC’s foreign policy strategy.


Author(s):  
A. Borisova

The last five years defined an alternative course in the US foreign policy. Obama's reelection caused staff transfers which notably influenced the course. This comprehensive process is based on tremendous work conducted by the Administration of Barak Obama, in particular by John Kerry, who was appointed as a Secretary of State in 2013. His personality plays a significant role in American domestic and foreign policy interrelation. Adoption or rejection of the bills, which are well-known today, depended in large on a range of circumstances, such as personality, life journey and political leader career of the today's Secretary of State. John Kerry’s professional life is mainly associated with domestic policy; nevertheless, he has always been interested in foreign relations and national security issues. Those concerns generally included: non-proliferation, US security, ecological problems, fight against terrorism. The article is intended to highlight Kerry’s efforts in each of these fields, showing not only his actions, but also difficult process of adoption or banning bills in the USA. The author tried to display the whole complicated decision-making process among different parties, businessmen and politicians, law and money clashes. The results of many former endeavors can be seen today, in the modern US policy. Based on assumptions about Secretary of State’s beliefs, certain road map can be predicted. In conclusion, the article offers several courses, where the United States are likely to be most active during the next few years. It can be judged exactly which way some current political issues will develop, how the US foreign policy will be shaped by today's decision-makers in the White House.


2013 ◽  
Vol 103 (6) ◽  
pp. 2296-2327 ◽  
Author(s):  
Klaus Desmet ◽  
Esteban Rossi-Hansberg

We use a simple theory of a system of cities to decompose the determinants of the city size distribution into three main components: efficiency, amenities, and frictions. Higher efficiency and better amenities lead to larger cities but also to greater frictions through congestion and other negative effects of agglomeration. Using data on MSAs in the United States, we estimate these city characteristics. Eliminating variation in any of them leads to large population reallocations, but modest welfare effects. We apply the same methodology to Chinese cities and find welfare effects that are many times larger than those in the US. (JEL H71, O18, P25, R11, R23, R41)


Author(s):  
D. V. Dorofeev

The research is devoted to the study of the origin of the historiography of the topic of the genesis of the US foreign policy. The key thesis of the work challenges the established position in the scientific literature about the fundamental role of the work of T. Lyman, Jr. «The diplomacy of the United States: being an account of the foreign relations of the country, from the first treaty with France, in 1778, to the Treaty of Ghent in 1814, with Great Britain», published in 1826. The article puts forward an alternative hypothesis: the emergence of the historiography of the genesis of the foreign policy of the United States occurred before the beginning of the second quarter of the XIX century – during the colonial period and the first fifty years of the North American state. A study of the works of thirty-five authors who worked during the 1610s and 1820s showed that amater historians expressed a common opinion about North America’s belonging to the Eurocentric system of international relations; they were sure that both the colonists and the founding fathers perceived international processes on the basis of raison d’être. The conceptualization of the intellectual heritage of non-professional historians allowed us to distinguish three interpretations of the origin of the United States foreign policy: «Autochthonous» – focused on purely North American reasons; «Atlantic» – postulated the borrowing of European practice of international relations by means of the system of relations that developed in the Atlantic in the XVII–XVIII centuries; «Imperial» – stated the adaptation of the British experience. The obtained data refute the provisions of scientific thought of the XX–XXI centuries and create new guidelines for further study of the topic.


2018 ◽  
Vol 25 ◽  
pp. 11-21
Author(s):  
Matthew Dotzler

The conflict between Turkey and the Kurds is once again reaching a boiling point. Following the defeat of ISIL in northern Iraq and Syria, Turkey is now concerned that the returning Kurdish militias pose a threat to its national security. The United States, as an ally to both parties, finds itself in a unique position to push for diplomatic solutions and to mediate the conflict before it grows out of control once again. This paper will examine the history of the Turkish-Kurdish conflict, the actors involved, and how US foreign policy can be used to try and deter yet another war in the region.


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