Chapter 18

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value added tax (VAT)

EU tax on purchases that is much higher than the US sales tax on retail goods

comity

good relations with nations

soft currency

a currency that is not easy to exchange for other currencies

countertrade

a popular form of currency inconvertibility; reciprocal arrangement between the buyer and seller for the sale of goods or services intended to minimize the outflow of foreign exchange from the buyer's country

export credit agencies

agencies in developed nations that promote investment from their own countries

reinsurance treaty

agreement among insurance companies that spreads the risk among its members; the underwriter can commit the resources of the entire group after negotiating the transaction with the US investor

counter purchase agreement

common type of countertrade; involves the sale of goods to a buyer, often a foreign government, which requires as a condition of the sale that the seller buy the other goods produced in that country

tax haven

country where the effective tax rate on a relevant item of income is very low or zero

soft blockages

delays in processing conversion requests by the local authorities

barter

direct exchange of goods for goods or services

foreign branch

division of the home country corporation that is not a separate legal person

creeping expropriation

effect of laws and regulations that subject the investor to discriminatory taxes, legislative controls over management of the firm, price controls, forced employment of nationals, license cancellation, and restrictions on currency convertibility

unitary index adjustment factors

eliminates the problem of disclosing confidential information; parties provide for formulaic adjustment of payment terms based on an accepted unitary index

passive investment

minority investment that involves either a passive debt investment, making a loan to a foreign business, or a passive equity investment, purchasing an equity interest in the foreign business as a portfolio investment that does not allow for control of the business

hard blockages

occur when the foreign government passes a law that prevents the conversion or transfer

profit margin preservation provisions

price or payment to a foreign investor is adjusted periodically to maintain the same profit margin; can disclose the foreign company's cost structure, which is confidential information

insurance syndicates

private pools of money provided by investors to insure specific projects on a case-by-case basis

active investment

results in the investor having ownership interest in the foreign business

import substitution rights

rights available when preferential currency exchange rights are not available; rights available when a new venture will manufacture a product in a soft currency country that the nation had previously imported

currency risk

risk that profits in foreign host country's currency will not translate into equivalent profits in investor's home country

political risk

risk that profits will be affected by changes in the host country's political structure or instability

foreign subsidiary

separate corporate entity organized under the laws of the foreign host country

nationalization

taking of an entire industry or natural resource as part of a plan to restructure the nation's economic system

expropriation

taking of an isolated item of property

trade creditors

the entities that sell supplies or services to a venture

fluctuation risk

the possibility that the currency of the country in which the US investor has put its money will devalue against the US dollar

inconvertibility risk

the risk that the government of a country with soft currency will hinder the foreign entrepreneur from trading the foreign currency back into US dollars

repatriated

when income is paid out to the US person, typically in the form of a dividend

political risk analysis

when the enterprise retains a firm or its own personnel to analyze a host country's risk fo nationalization/ expropriation, as it would study another business problem

privatization

when the national sovereign transfers a government-owned asset to private parties

buy-back agreement

when the provider of the equipment or technology used in manufacturing will receive, as its payment, a portion of the goods manufactured by the suppliers equipment or in the factory in which the equipment is installed

double taxation

when the same item of income is taxed by two different tax authorities

modern-traditional theory

a theory that dominates thinking on expropriation and nationalization in developed countries; permits takings but imposes certain requirements on the nation exercising its power; exercise of this right must be for a public purpose, nondiscriminatory, and accompanied by prompt, adequate, and effective compensation

traditional theory

a theory that dominates thinking on expropriation and nationalization in developed countries; prohibits all takings of foreign property

parallel exchange

formed when foreign investors form a consortia to trade local soft currency; the investors, all committed to the local incontrovertibility risk, spread that risk over a larger group, with the hopes of reducing the vagaries of local bureaucracy

currency exchange rights

if investor proposes bringing a high desired industry to a soft currency nation, it can negotiate with the government in advance for preferential access to hard currency, resulting in this

currency inconvertibility

inability to convert currency

foreign direct investment

investor owns and actively controls productive assets of ongoing business concerns in a foreign country

inconvertibility or nontransfer insurance policy

investors can purchase these policies to insure against hard blockages or soft blockages (For a higher fee); type of political risk insurance

transfer pricing

tax problem when related parties like a parent and subsidiary are free to fix prices to one another because the market forces do not discipline the prices

net book value

tax-related depreciated cost of assets without regard to whether there has in fact been true depreciation in value


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