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Rio Tinto staff in China arrested for spying
July 09 2009

Four Rio Tinto employees have been arrested and accused by Chinese authorities of allegedly stealing the country’s state secrets.


The arrested people were from the Australian-British mining company’s Shanghai sales office. They include Stern Hu, general manager in China of Rio’s iron-ore division, who is Australian. The other three employees, Wang Yong, Ke Ge, and Jeff Liu, were local Chinese employees, according to reports.


The official Xinhua news agency, which broke the news, said that the case was being investigated “according to the law”, and did not elaborate further.


This latest news coincides with the scrapping of a planned US$19.5 billion investment by Chinalco, a Chinese state-owned aluminum company, into Rio Tinto. It also happens amidst delicate negotiations taking place between Rio Tinto and China over the price of iron ore that the latter purchases.


Iron ore is used in the production of steel, which is one of China’s main imports. Chinese steel producers have been lobbying for Rio Tinto to cut the price of ore – which has risen as Chinese mills ramp up production.


Rio Tinto, the second largest iron ore producer in the world, is one of many countries around the world have been seeking to tap into the China market, which has remained resilient despite the global downturn – especially its appetite for raw materials that feed its factories.


Chinese authorities have not publicly commented on the arrests. A Rio Tinto spokeswoman confirmed that the company has been made aware of the allegations, but is not aware of any evidence that would support the accusations.


Australia’s foreign affairs minister Stephen Smith has said that he did not believe the case was related to either the failed alliance or the price negotiations, and described the allegations as "very surprising".


However, the detention of the Rio Tinto executives has fueled speculation by market watchers that the move was retaliatory in nature. Australian lawmaker Barnaby Joyce, the National Party upper house Senate Leader, said: "Chinalco’s failure to buy 18 per cent ownership of Rio would appear to have inspired Mr Hu’s arrest and that of three other Rio workers."


Original Article: [link] and [link]

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New Papers says FCPA enforcement hurting developing markets
July 09 2009

America’s enforcement of its primary anti-bribery laws overseas could lead to a polarisation of the business world into halves – one that condones corrupt practices in business practices, and another that does not, according to a scholar.


Andrew Spalding, a Fullbright senior research scholar at India’s University of Mumbai, also said that current Foreign Corrupt Practices Act (FCPA) enforcement could hurt the development prospects of emerging markets which have only a narrow window of opportunity to exploit economic growth, and reduce poverty.


To arrive at his conclusions, he studied 125 violations that have been pursued anywhere in the world for the last 30 years. He found that very little of FCPA enforcement goes on in developed countries –comprising of only 7 per cent of the total . On the other hand, 68 per cent happened in emerging markets. The rest were in other parts of the world which were even less developed.


He said that this frequent enforcement of FCPA violations in certain emerging markets amounts to de-facto economic sanctions which serves to deter companies in the developed world from investing in these markets. These companies are fearful of the multi-million-dollar – and sometimes billion-dollar – penalties that they may incur as part of routine business.


These same markets can also happen to be at a exceptional but also delicate stage in their economic development, one which may pass by if not taken advantage of promptly, Mr Spalding added.


With investment opportunities continuing to pop up in higher risk countries, some capital rich countries which do not subscribe to the same anti-bribery regime standards as the US will move into to fill the void created – as witnessed in China’s recent investment in Africa, Central Asia, and Latin America – he said.


On the other hand, companies from developed countries will seek investments in ever-safer places. The end result is that the world economy will bifuricate into two – one which bribery is tolerated and another in which it is not.


Alternatively, he said that some opportunities for growth in emerging markets may be missed, along with the expected improvement to the standard of living that they were expected to bring.


To address these concerns, Mr Spalding suggests that changes be made to how fines are calculated, so that bribery is penalised without scaring away potential investors. He also said US authorities should consider the extent to which companies should be punished for isolated acts of its lower-level employees. Finally, he said that countries should consider broader implement of penalties for the solicitation and receipt of bribes.


Original Article: [link]

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