Showing posts with label potash takeover. Show all posts
Showing posts with label potash takeover. Show all posts

Friday, December 10, 2010

The High Price of Foreign Control


by Ken Lewenza
December 10, 2010
Canadians just undertook a high-profile and timely national debate about the costs and benefits of foreign control of our major corporations, culminating in the federal government’s decision to block the proposed takeover of Potash Corp. But the issue of foreign control is not going away.
Indeed, in the weeks since the Potash decision, two other foreign corporations have demonstrated through their actions exactly why Canada needs a very different approach to regulating foreign investment. U.S. Steel locked out its workers in Hamilton, continuing a ruthless drive to suppress compensation and pensions here in Canada. And the Brazilian mining giant Vale dealt a body blow to Thomson, Man., by announcing closure of the former Inco smelter there — destroying the lives of hundreds of families.
Those are concrete manifestations of exactly why so many Canadians, myself included, are concerned about the foreign conquest of our major businesses.
Incoming foreign direct investment has grown dramatically in Canada in recent years, rising from 20 per cent of our GDP in 1994 to 36 per cent today. That’s the highest level of foreign control since the Second World War. Three hundred billion dollars of foreign investment surged into Canada in the last decade, like an economic tsunami. Over half was concentrated in our mining, oil and gas, and primary metals sectors. Canada lost corporate icons — such as Stelco, Dofasco, Inco, Falconbridge and Alcan — whose presence was so central to our historical development.
If foreign takeovers actually resulted in the installation of new productive capital in Canadian workplaces, that would be one thing. We could then benefit from new equipment, technology or marketing opportunities. But the actions of U.S. Steel and Vale give the lie to that hope. They’ve been shuttering or idling strategic Canadian capacity in many communities, including Hamilton — all in the interests of reducing excess capacity, selling assets to pay down debt and intimidating Canadian workers.
Canada incurs many costs when key productive assets are sold off to foreign giants. We incur a long-run liability for the payment of interest and profits to the foreign owner; dragging down our balance of payments (by around $40 billion this year). We lose the jobs that result from the presence of head offices. Takeovers have also contributed to Canada’s visible deindustrialization, since foreign owners are interested only in our resources and bulk commodities — not in developing Canada as a diversified, sophisticated nation.
Another key consequence of takeovers is that they reposition productive Canadian assets, reducing them to mere cogs in a bigger global machine. Key productive jewels such as Stelco or Inco, which once stood on their own feet, are suddenly vulnerable to the bean-counting of foreign financial engineers. Sure, we had our ups and downs in the Canadian steel and resources industries over the decades, but the Canadian facilities always maintained a critical mass — and we always knew they would still be there at the end of the next roller-coaster cycle. Now we can no longer have that confidence. Foreign parents have no qualms about shutting Canada right out of the picture, if cost calculations or head-office political concerns push them that way.
Of the many failed takeovers we’ve allowed in the past decade, the U.S. Steel case may be the most infuriating of all. It flaunted sombre commitments to preserve Canadian jobs and production, before the ink was dry on the deal. It threatened workers — first at Lake Erie, now in Hamilton — with the loss of their livelihoods, for refusing to accept corporate extortion.
The humiliating failure of our federal government to enforce the original net-benefit deal with U.S. Steel proves that those backroom arrangements, cooked up between foreign tycoons and Ottawa bureaucrats, are not worth the paper they are printed on.
What’s happening in Hamilton today is nothing less than an affront to Canada’s national status as a serious, developed country. It’s not just the members of Local 1005 that are being bullied; it’s our whole country. The Investment Canada regulations must be scrapped, and replaced with a genuine law that allows us to put the right conditions, backed up by meaningful sanctions, on those foreign investments which genuinely enhance Canada’s economic interests.
And if U.S. Steel won’t use its Canadian facilities to produce the output and jobs we need, then those assets should be given to someone else who will. Newfoundland’s Premier Danny Williams proved, in his showdown with Abitibi-Price (when it shuttered the community of Grand Falls), that a government has both the responsibility and the ability to stand up to corporations which disrespect their responsibility to the communities where they do business. Let’s see our government do the same thing with U.S. Steel.
Ken Lewenza is National President of the Canadian Auto Workers union.


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Wednesday, November 10, 2010

Canada's foreign investment laws need a reboot, by Ken Lewenza


Canada's foreign investment laws need a reboot

By Ken Lewenza, Special to The Windsor Star
November 10, 2010
  
Last week's decision by the federal government to block the hostile $40 billion takeover of Potash Corp. touches on a much deeper challenge facing Canadians. In the face of rampant globalization, Canada needs more tools to regulate foreign investment, to make sure that it helps our economy (rather than hollowing it out). The current Investment Canada Act does not do this; it's been mostly a rubber stamp since it was implemented in 1985. It should be scrapped and replaced with more powerful measures.
Indeed, the potash decision represents only the second foreign takeover ever turned down under the Investment Canada Act. The only other case was Ottawa's refusal to allow the sell-off of the space assets of MDA to a U.S. armaments giant in 2008. In that case, the CAW helped lead the opposition; that takeover would have badly undermined our already-weak high-tech capabilities. Ironically, it was the Stephen Harper government -- perhaps the most pro-business government in our history -- that blocked both of those takeovers.
I give full credit to Saskatchewan Premier Brad Wall for putting the broader issue of foreign takeovers once again squarely on the national agenda. He's a conservative, business-friendly politician, to be sure; and many of his policies have hurt working people in his home province. But this time he put the province's interests (and the country's) ahead of his own ideology. And in so doing, he did us all a favour, because our foreign investment policies are well overdue for a fundamental rethink.
The Investment Canada Act supposedly ensures that each takeover provides some kind of "net benefit" to Canada. But in practise that test has been applied so loosely it has become meaningless. Most takeovers aren't even reviewed, because they don't meet the thresholds under the Act. When reviews do occur, they are perfunctory, secretive, and unenforceable.
The philosophical presumption behind the Investment Canada Act is that foreign investment is generally a good thing, and Canada wants as much of it as we can get. This philosophy is hardly surprising. After all, the Act was the creation of Brian Mulroney's government -- the same one that brought us continental free trade. Only when a takeover struck a particular political nerve with Canadians, did it even get a second glance from the regulators.
The CAW is not opposed to foreign investment on principle. After all, our entire auto assembly industry is 100 per cent foreign-owned. Many other valuable, high-value sectors (from computers to aerospace to machinery) are also heavily foreign-owned. If a foreign company brings something to Canada that we don't have (such as technology, real capital equipment, engineering and design capabilities, and more), and if that company actually builds a business here (rather than just taking over one that Canadians built), then foreign investment is clearly beneficial.
But foreign investment has its drawbacks, too. It results in an outflow of profits and interest to foreign owners, dragging down our national balance of payments to the tune of about $40 billion per year. With foreign control, crucial decisions regarding the future of Canadian operations are made somewhere else. (We constantly face that challenge in the auto industry, where it's often a struggle just to get foreign-based executives to recognize Canada as a separate jurisdiction.) And it negatively affects the structure of our economy: Foreign investors have been interested more in our natural resources than anything else, reinforcing our backwards evolution as a resource supplier to the rest of the world.
To overcome those inherent costs and disadvantages, a foreign investor needs to demonstrate -- concretely, publicly, and enforceably -- that it will deliver other benefits that genuinely enhance Canada's economic capacities.
I get angry when business lobbyists and commentators (like last week's Economist magazine) denounce any measure to control foreign investment as "protectionist" -- as if it is somehow illegitimate for a government to protect its citizens' best interests. But it isn't emotion or "nationalism" that motivates our concern about takeovers. It's bread-and-butter economics. Because the reality, contrary to free-market doctrine, is that many foreign transactions do not benefit Canadians.
We learned the hard way from the huge takeovers that Investment Canada rubber-stamped during the last commodities upswing (including Falconbridge, Stelco, Alcan, and Inco) that Canadian facilities, and Canadian jobs, will be jettisoned by foreign executives the minute they need to cut capacity or reduce debt. Every one of those takeovers supposedly guaranteed a "net benefit" to Canada, according to Investment Canada. Yet every one hurt us, and badly.
Now is the time to abandon the presumption that foreign investment is inherently good. Instead, let's put in place the regulatory ability to separate the wheat from the chaff. We must screen foreign investments that are genuinely helpful, from those that aren't.
Ken Lewenza is National President of the Canadian Auto Workers.

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