the Political / Legal / Regulatory Environment
that effects e-commerce, marketing, business, and int'l business

updated 2011 Feb 10

see also  witiger.com/internationalbusiness/politicalenvironment.htm
see also  witiger.com/internationalbusiness/politicalrisk.htm
see also  witiger.com/internationalbusiness/politicalriskcontingencyplanning.htm
see also  witiger.com/internationalbusiness/politicalriskdefensiveintegrative.htm
see also  witiger.com/internationalbusiness/personalrisk.htm
see also witiger.com/internationalbusiness/6environments.htm
 
http://www.witiger.com/ecommerce/bookCurrentIsssues2ndEd.htm this unit is in the text
"Current Issues in Marketing in the Information Age, 2nd. Edition"
on page
7 - 11
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http://www.witiger.com/universityoftoronto/MGTC44/MGTC44book.htm this unit is in the text
"International Business Management"
on page
63 - 78 
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. This page used in the following courses taught by Prof. Richardson
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MRK 106
MRK 200
MRK 410, MRK 619
MGT D06
MGT C44
CCT 322
TCS 301
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LEARNING 
OBJECTIVES
The objectives for this unit are to help the reader understand

  o the role played by each of the 6 environments in business
  o that these 6 environments can in turn influence each other
  o that being aware of changes in the environments can help one do business 
              effectively

When the reader has completed this unit it would expected that they could read information about a marketing, business or international business situation and analyze this in terms of what environments are involved and how they exerted influence

WTGR

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INTRODUCTION The Political / Legal / Regulatory Environment can be simply described as the laws and regulations that business has to follow in order to make sure the business owners do not get arrested, or have the business fined for noncompliance of some regulation.

Laws are made by politicians - who enact these laws based on the likelihood they will get re-elected. The  political environment is affected and effected by politicians who in turn are influenced by changes and challenges in the social - cultural enviromment (languages, ethnicity, immigration etc.), challenges in the economic enviromment (currency exchange rates, corporate activity, unemployment rates) and also to some extent the geographic environment in terms of how the region is laid out, rivers, mountains, proximity to other countries, weather, seasons etc.

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Political / 
Legal / Regulatory
The Political / Legal / Regulatory environment is often a direct consequence of the political parties in power, which represents the popular opinion of the citizens of the region. If the citizens are, for example, pro-Big Business then probably taxation will be modest and there will not be a lot of stringent rules about environmental considerations.If the citizens are very concerned about safety issues, for example,  then there will be a lot of rules and regulations governing things such as transportation safety, which will make it more expensive for some companies that have big shipping costs.

The rules and regulations created by the politicians, have significant influence on the cost of running a business and the way it can market products and services - for example in Canada there are severe regulations about advertising for alcohol and tobacco.

df
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Political / Legal / Regulatory Environment
Prof. Jack Mintz teaches taxation at the University of Toronto and also serves as President of the C.D. Howe Institute. Mintz wrote an article in the Sept 2003 edition of CB Magazine which features a good example of how the political / legal / regulatory environment effects Canadian international business.

Prof. Mintz's article discusses the effect of U.S. regulations in the financial services industry - specifically securities, and how these regulations will effect the way Canadian companies have to operate when they do business in the U.S.

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Mintz explains "A large share of corporate Canada, measured by market capitalization, must comply with new US securities rules, since it has been economically better to raise capital in New York than in Toronto. Complying at the same time with 10 provincial and three territorial regulators seems to be a rather costly and unnecessary exercise, when the 180 or so companies that do that need only one regulator....The cost of complying with provincial regulations is quite substantial for medium-sized and small businesses.  "

So Canadian companies are burdened by having to comply with U.S. regulations, at the same time as meeting Canadian federal and provincial regulations. 

permission to quote from Canadian Business magazine given by Scott Steele, Executive Editor. Prof. Richardson has written several e-commerce and international business articles for Canadian Business magazine over the years.

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Political Environment - how it effects the Technological Environment
 
 
 
 
 
 

 

Political Environment - how it effects the Technological Environment
 
ecommercetimes.com ran a story in April 2004 about how the Chinese government has launched regulations negatively effecting foreign technology companies.
.Michelle Kessler explains 
"Chinese Policies Push Some U.S. Tech Companies Out"

Kessler says "Chinese government policies that favor Chinese companies over foreign firms are driving some U.S. tech companies from the booming market. This month, chipmakers Intel and Broadcom said they'll stop selling wireless Internet, or Wi-Fi, chips in China. A new law requires that the chips include a security  technology licensed by Chinese companies." 

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Semiconductor taxes. "China slaps a 17% value-added tax on computer chips sold there. But it gives rebates of up to 14% to domestic chip plants. That makes it almost impossible for foreign chipmakers to compete, the SIA says. This month, the U.S. trade office filed a case against China's semiconductor tax with the World Trade Organization, which China joined in 2001. China must abide by the WTO's decision or risk censure.".
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Political Environment - how it effects the Technological Environment Political Environment - how it effects the Technological Environment
 
In April 2006 several newspapers ran stories about how Chinese companies are launching a knock-off of the Blackberry, calling it the Redberry

Bruce Meyerson of ecommercetimes.com explains
"one state-controlled company is angling to get a few months head start on another state-run company by playing on the name recognition of BlackBerry. On one level, this might sound impressive since the two rivals appear to be competing as you'd hope they would in a free market. But the obvious infringement on BlackBerry's trademark is so sophomoric that no company would bother trying it anywhere but in a nation with dubious legal protections."
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What does RIM say? - Meyerson says "well, they are hoping to make gazillions with their joint venture with China Mobile and are hesitant to accuse the Chinese government of being complicit of allowing this other Chinese company to be so blatant in infringing on their product.

RIM may still end making some money - even if it gets ripped off by Redberry (because the Chinese market is so large they think they can still obtain a decent ROI) - but this situation sends a bad message to any other hi-tech company thinking about doing business in China.

In a press release, China Unicom says standard five-megabyte e-mail account at RedBerry will cost less than a dollar a month, plus a few cents for each e-mail sent. A typical BlackBerry account in Hong Kong costs up to $64 (U.S.) per month."

$1 Redberry versus $64 Blackberry - I'd say that is a pretty good example of predatory pricing.
m
reported by  Geoffrey York and Simon Avery in the Globe and Mail and Bruce Meyerson in Ecommercetimes.com

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Political Environment - how it effects the Technological Environment
Political Environment - how it effects the Technological Environment
 
Student Prem A. in MGTC44 in Nov 2009 wrote about RIM's problems in India

Prem explained

"One trade barrier that Rim faced while trying to get it's Blackberrys into the Indian market was Indian security. Indian security officials demanded that the encryption used by the Blackberry network is lowered from 256
bits to 40 bit encryption. However, Rim refused this request saying that its data encryption is designed so that no third party or Rim itself can access the data being transmitted wirelessly. Furthermore Rim argued that four other mobile products providing similar services are not facing the
same demands."

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nnn
Political Environment - how it effects the Technological Environment
Political Environment - how it effects the Technological Environment
 
Student Nagraj T. in MRK460 at Seneca in Feb 2011 emailed to provide an update about the situation with R.I.M. in India

"I found an interesting article relating to what we were talking about in class today about blackberry's in India.
http://m.theglobeandmail.com/news/n................vice=mobile

"Ajay Data designed a system that allows users in India to send and receive e-mail from their BlackBerries without relying on RIM's servers. Messages are shunted through a server in Jaipur, allowing Indian security forces to monitor the traffic if necessary. 150,000 people downloaded his software in the first 15 days"

.WTGR adds
Thanks Nagraj, FYI, the guy, Ajay Data who developed this, has named his service Bharat Berry, using the local word for the Indian subcontinent
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Political Environment - how it effects the Technological Environment Political Environment - how it effects the Technological Environment
 
Canadian Business magazine ran a story Sept 2003 about the problems RIM is having with a courtroom battle involving intellectual property claims.
. permission to quote from Canadian Business magazine given by Scott Steele, Executive Editor. 
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Political Environment - how it effects the Technological Environment
The U.S. Patent office is involved in an action, brought by a U.S. company (NTP), which is trying to ascertain that RIM infringed on some 1990 patent rights in the development of the Blackberry. NTP is concerned that the U.S. congress may be unfavourable to screwing around Canadian based RIM because after 911, all members of congress where given Blackberries in order to keep in touch - and they really liked them; so RIM got a lot of congress people on their side !

Many people in Canada hope RIM doesn't get in serious trouble because it is often touted is a great example of the vibrant technology sector in Ontario.

 permission to quote from Canadian Business magazine given by Scott Steele, Executive Editor.
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Political Environment - how it effects the Technological Environment Political Environment - how it effects the Technological Environment

Toronto Star ran an Associated Press story 2005 Jan 25th about how 
Microsoft will ship a different version of Windows to Europe, than is sold in North America - reason? - the EU regulatory environment

AP reported
"Microsoft Corp. will immediately ship a version of Windows stripped of the company's multimedia player in Europe and divulge some software blueprints, although it continues to appeal the European Union sanctions... Microsoft said the first versions of Windows without Media Player will hit EU retailers in the coming week..." 

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a photo of a Chevy Lumina serving as a NYPD car in Broolyn
 
 
 
 

pic by WTGR
May 2010
in Brooklyn NYC

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Political Environment - how it effects the Economic
Environment
Political Environment - how it effects the Economic Environment & Jobs

The U.S. has created new regulations about fuel efficiency requirements for cars. This has had an effect on Canadian auto assemblers.

The rear-wheel drive Chevy Impala, which is made at the G.M. plant in Oshawa, and used as a police car in Canada and the U.S., is being dropped by G.M. in Oshawa and produced in the U.S. because it was reported that rear wheel drive cars produced at the G.M. plant in Oshawa cannot meet the "miles per gallon" requirements of the new U.S. regulations.

This situation serves as a very good example of how political regulatory changes in the U.S. can have a direct effect on business in Canada.

widely reported on 680 news and Toronto newspapers 2008 Jan

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Political Environment - how regulations effect small businesses
2008 Feb 06

How can rules allowing people to 
smoke "medicinal" marijuana 
become a problem for a 
small business owner??

as discussed on 640AM radio

A owner of a small bar/restuarant "Gator Teds" had a problem were a customer kept going outside the bar to smoke his "weed" on the sidewalk, and this bothered other customers. When the owner asked the man to move away he said he had a government issued card allowing him to smoke medicial marijuana.

The bar owner said that may be legal but it doesn't mean you can smoke it outside the door to my bar, and bother all my customers coming and going.

The smoker said "you can't stop me" and he threatened to file "discrimination" with the Ontario Human Rights Commission

Incredibly, in a moment of "political correctness", the Human Rights Commission" http://www.ohrc.on.ca/ agreed to hear the case, AND paid for a lawyer to represent the smoker. This forced the small business owner to hire a lawyer to defend himself and he has (by 1st week of Feb 2008) spent more than $100,000 on lawyers fees and expert witnesses to "defend" himself against this discrimination charge. The business owner says he wasn't "discriminating" at all, he was simply sticking up for the customers who didn't want to smell majrijuana smoke going in to and out of the bar

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UPDATE 2009
Steve Gibson, the marijuana smoker won his complaint to the Human Rights Commission.
 thestar.com/News/GTA/article/585012
Ted Kindos, owner of Gator Ted's Tap & Grill in Burlington has to pay legal fees and post a sign saying "We accommodate medicinal marijuana smokers,".

Ironically, a different government agency has said Gator Ted's could lose his liquor licence because serving anybody possessing a controlled substance – prescribed or not – is against the law.

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Political Environment - how it effects the Economic
Environment
Political Environment - how regulations effect small businesses

2008 May 13 UPDATE
As reported in several Toronto newspapers 2nd week of May 2008, the owner of the bar decided he could not afford to continue paying a lawyer to defend him against the Human Rights Commission so he agreed to settle with the pot smoker

The pot smoker had no legal fees! The pot smoker simply made a complaint to the Human Rights Commission and the Commission supplied the lawyer, for free, to argue the case for the pot smoker

Some people have suggested that this could be a tactic to drive another business into trouble - simply make a Human Rights complaint and cause the business to spend thousands and thousands on legal fees to defend themselves - the person doing the complaining has nothing to lose cause the Commission will pay their legal fees !!

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French-
Canadian 
Culture
Political Environment - how regulations effect small businesse
As reported in Maclean's magazine Feb 14th issue 2011, Quebec is becoming even more aggressive with its French language laws.

The Partis Quebecois (should it form the next government in the province of Quebec) has stated that each busines, even small businesses need to operate in French (language de travail) -which also means the employees have to speak to each other in French, EVEN if they are naturally both English speakers.

The PQ are also the same political party that suggested that lack of enough Quebec players on the Canadiens hockey team was "a deliberate move on the part of the federalists to starve Quebecers of a 'powerful symbol of identity' ".
As quoted in Maclean's Feb 14th 2011

 
Political Environment - how it effects the Economic
Environment
Political Environment - how it effects the Economic Environment & Jobs
 
2007 Oct 11 Toronto Star reported
"oil royalty boost could cut 19,100 jobs"
 www.thestar.com/Business/article/265573
Calgary-based brokerage FirstEnergy Capital Corp.  www.firstenergy.com  published a research report in which they said "Alberta, the source of about 10 per cent of U.S. oil supplies, may lose about 19,100 jobs if the government imposes higher royalties"

Apparently the Alberta government is considering a recommendation to boost royalties and implement a new tar-sands tax.

"Higher royalties may prompt the cancellation of $28 billion in oil-sands projects from 2008 to 2015, the brokerage said, resulting in the loss of an estimated 11,000 direct and indirect jobs, while reduced drilling would eliminate about 8,100 jobs on oil rigs."

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Political Environment - how it effects the Economic
Environment
Political Environment - how it effects the Economic Environment
 
2006 April 18, newspapers in Toronto reported a rally at Queen's Park by the Korean Businessman's Association.
This association is mainly composed of Korean immigrants to Canada who own and operate small convenience stores. According to the association, there are 3,000 Korean convenience stores in Ontario - a large number of these stores make money selling cigarettes. Since cigarette advertising is several restricted, one of the ways they advertize is with "power walls" - large piles of cigarettes behind the counter.
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New government legislation [2006] by the provincial Liberal gov't is going to outlaw such advertising. The Korean businessmen are also protesting the increased taxes on cigarettes, which they say is causing more people to rob stores and the increased violence is frightening for many store owners.
"The McGuinty government has repeatedly raised tobacco taxes without understanding the effect it has on safety in our stores," said Sonny Cho, spokesperson for the Ontario Korean Businessmen's Association.
So, a combination of restrictive advertising regulations and tax regulations is making it difficult for these business people to conduct their business in an economical way.
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Political Environment 

Canadian
Red Tape
 

Political Environment - how Canadian government red tape effects international business situations
Denison Mines  denisonmines.comis a Canadian mining company that mines uranium, among other things.

Denison's CEO told people at the AGM in April 2006 that the "boom in reactor construction around the globe will increase demand for uranium." - sounds good cause Denison exports uranium

But...."The world is facing a shortage of nuclear fuel because Canada's lengthy permitting process is slowing the development of new uranium mines in Saskatchewan.". Reporter Drew Hasselback of the Financial Post says "While greater demand is usually good news for any commodity, the problem facing uranium producers is that they may not be able to build new mines fast enough to keep up."
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Red
Tape
Hasselback says "Permits to operate uranium mines and mills are granted by the Canadian Nuclear Safety Commission. Mr. Farmer [Denison's CEO ] said he doesn't mean to knock the commission for the lengthy approval process. The problem, he said, is that the commission is under staffed, so it takes too long to complete reviews. Other jurisdictions, such as Kazakhstan and Namibia, have processed operating permits much faster."
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Political Environment 

Canadian
Red Tape
 

Political Environment - how Canadian government red tape effects Management positions

Reuters journalist Mark McSherry wrote a piece in Jan 2007 discussing the pressures causing CFO's to quit
- when the piece ran in the Toronto Star the titled it
Chief Financial Officers jump corporate ship

McSherry wries "Experts say turnover of CFOs has increased and tenure has shortened as incumbents struggle with a multitude of issues that include mounting regulation and the demands of investors, boards and chief executives. Some argue that many CFOs are being asked to perform in at least two different arenas — compliance and strategy"

“The government regulations like Sarbanes-Oxley and unrelenting pressures from CEOs and boards are making life miserable for many CFOs” says McSherry quoting a headhunter.

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Political Environment 

400,000 containers

2 inspectors
 

Political Environment - how Canadian government limitations lead to security risks crossing the border
Reported by the Canadian Press, based on information obtained through the Access to Information Act.

Investigators from the CBSA Canada Border Services Agency uncovered a risky situation where border officers were unable to provide inspections on containers coming in to Canada because the number of containers was too high, for the two officers assigned to the task of investigation.

"A border-screening program begun in 2000 has fallen into disrepair, with just two officers now responsible for the vetting of some 400,000 rail cars and containers annually.

They're given almost no training, close shop on weekends, get little support from other security officers, and have few facilities for inspecting shipments."

CBC  cbc.ca/canada/story/2009/09/14/border-railway-inspect-train-drug.html
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Political Environment 

U.S.
Red Tape
Political Environment - U.S. vs. Mexico 2009
 
UTSC Student Bernice L. in MGTC46 in March 2009 sent an email to comment on how problems between the U.S. and Mexico may forecast some problems in Canada's relationship with the U.S., in the context of NAFTA.
Bernice said
"This article talks about the trade dispute between the US and Mexico. The US has pulled a program that allowed Mexican trucks to transport goods throughout the US and as a result, Mexico is planning to place US$2.4 billion worth of industrial and agricultural exports with tariffs as a form of retaliation. Since President Obama has not yet said what his views are on free trade (or NAFTA), [since being innaugurated], Mexico and the rest of the world are very concerned and defensive about the protectionist barriers that the US may put up. I think the uncertainty and the actions that the US are taking right now are extremely damaging to their relationships with other countries. If the US decides to continue to place trade barriers, many other countries will do the same, thus leading to great disadvantages for everyone."
the story Bernice is referring to was at http://www.financialpost.com/news-sectors/story.html?id=1398564
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Political Environment 

U.S.
Red Tape
Political Environment - how U.S. government red tape effects Canadian businesses

Sarbanes-Oxley - 2002
"a United States federal law passed in response to a number of major corporate and accounting scandals including those affecting Enron"

Wikipedia explains "These scandals resulted in a decline of public trust in accounting and reporting practices...The legislation is wide ranging and establishes new or enhanced standards for all U.S. public company boards, management, and public accounting firms."

WTGR adds, the reason this has an effect on Canadian companies involved in international business and e-commerce is simply due to the fact that many medium and large sized Canadian companies operate in the U.S. and therefore when they do their "financials" at the end of the year, their accountants have to abide by the reporting requirements of the Sarbanes-Oxley legislation.

see  http://en.wikipedia.org/wiki/Sarbanes-Oxley_Act

proper name: Public Company Accounting Reform and Investor Protection Act of 2002, Named after sponsors Senator Paul Sarbanes (D-Md.) and Representative Michael G. Oxley (R-Oh)

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Political Environment 

U.S.
Red Tape
Political Environment - Sarbanes-Oxley - 2002

One of the big reasons why large Canadian companies need to comply with the Public Company Accounting Reform and Investor Protection Act is that they must comply with these regulations as part of being a public company operating in the U.S.

What do we mean by being "public"?
"going public", also known as "going to the street", or "launching an IPO" are terms that apply to companies that list their stock on the stock exchange. Companies do this to raise capital (which is just a fancy way of saying big money) for growing and expanding in a competitive market.

Why would you want to be a public company in the U.S.? - cause they have 305 million people who can invest in your company and we have just 33 million - therefore (simplistically expressed) you can raise more money from stockholders in the U.S. than in Canada.

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