The Rule of Law

The rule of law is an essential foundation of modern market economies. It increases the prospect and expectation that our individual efforts will be rewarded on the basis of merit (i.e., the success with which we satisfy the public’s wants at prices the public is willing to pay) rather than on the basis of favoritism (i.e., who we know). It introduces an element of certainty (rules of the game) in an otherwise uncertain world upon which to build our entrepreneurial efforts. It is fundamental to our notion of fairness and a protector of our personal freedoms. It is a notion and practice that attracts wide admiration from ambitious and freedom-loving people around the world and to our great benefit brings many of them to our shores.

We have never enjoyed the rule of law fully or perfectly, but our belief in it and our relatively close adherence to it remains critical to our success and the world’s eroding respect. Departures from the rule of law in our dealings with each other at home or abroad, undermine the efficiency of our market economy and diminish our freedom, but more importantly undermine the respect of others and our moral authority, which is almost as important to our place in the world as our military strength. Thus any erosions of the rule of law should be exposed and resisted vigorously.

Two principles of the rule of law are that they must apply to everyone equally (ourselves as well as others) and that the rules can’t be changed retroactively.

Through the Foreign Account Tax Compliance Act (FATCA) and other tax and Anti Money Laundering measures the United States has been increasingly forcing its own laws on other countries and turning banks into policemen to the detriment of the banking system. According to The Economist magazine (6/28/14): “In a piece of extraterritoriality stunning even by Washington’s standards, the new law requires banks, funds and other financial institutions around the world to report assets held by American clients or face a ruinous 30% withholding tax. America is, in essence, using threats to outsource its financial policing. This is working: so far, more than 77,000 financial institutions have agreed to pass information to the IRS. The costs of complying with FATCA are likely to dwarf the extra revenue it raises” Many of the approximately 7 million Americans living abroad are finding it difficult to open bank accounts. “Many have been rejected by foreign providers of banking services, insurance and mortgages because, given the amount of paperwork needed to satisfy Uncle Sam, American clients are simply too much hassle. Foreign firms are less keen to hire Americans because of the extra tax complications. Not surprisingly, the number of Americans renouncing their citizenship has quadrupled since FATCA was hatched…. FATCA’s intrusiveness raises serious privacy issues…. The financial superpower looks ever more a regulatory bully, setting rules it ignores itself.” “America’s new law tax compliance heavy handed inequitable and hypocritical FATCAs-flaws?”

When contracts can’t be honored because a company is not earning enough money, bankruptcy laws provide for a well-defined process for transferring ownership from shareholders to creditors, which includes the priority of creditor claims against the inadequate assets of the failed company. Bank bondholders and other creditors price their credit in light of their place in the cue. It violates the principles of the rule of law to changes these priorities after the fact, but this is exactly what the Obama administration did when it put General Motors into bankruptcy by favoring the United Auto Workers pension fund: “A bedrock principle of bankruptcy law is that creditors with similar claims priority receive equal treatment. In the auto bankruptcies, however, the administration gave the unsecured claims of VEBA [union pension] much higher priority than those of other unsecured creditors, such as suppliers and unsecured bondholders.” “Obama’s UAW Bailout”

The government’s inconsistent and unpredictable treatment of distressed financial institutions in 2007-8, some were bailed out and some were allowed to fail, and the resulting uncertainty about future treatment, has surely contributed to the reluctance of banks to lend and of firms to invest thus slowing the pace of our economic recovery. “The Financial Crisis: Act II”

Sadly the examples of political hypocrisy with regard to the rules of the game are growing. Fortunately there are some signs of push back. The Supreme Court just unanimously overturned as illegal the President’s so called recess appointments of members to the National Labor Relations Board. “Supreme court strikes blow-Obama exceeded authority with recess appointments” The Speaker of the House of Representatives is suing “the Obama administration for its use of executive actions to change laws.” “Boehner confirms lawsuit against Obama executive actions”

The hypocrisy has been non-partisan. Though fully justified, the hypocrisy of the outcry over the IRS’s missing emails related to targeting conservative organizations was exposed fully in Sunday’s Washington Post. Government departments and agencies are required by law to maintain copies of official correspondence (all office emails included). This law has been regularly violated. Examples are “the Bush White House’s destruction of millions of e-mail messages [including those of John Yoo, the Department of Justice lawyer who justified torture] as well as the destruction of pre-investigative files by the Securities and Exchange Commission, including files pertaining to Bernie Madoff and Goldman Sachs.” How has this happened? “Congress has neither appropriated sufficient funds for agencies to implement electronic record-keeping nor added oversight and penalties to the Federal Records Act that would ensure compliance.” “The IRS isn’t the only agency with an e-mail-problem”

Hypocrisy is rendered impotent, hopefully, from exposure. Thus hopefully George Wills’ latest column on the Redskins will be widely read. “The government decided that redskins bothers you” It begins: “Amanda Blackhorse, a Navajo who successfully moved a federal agency to withdraw trademark protections from the Washington Redskins because it considers the team’s name derogatory, lives on a reservation where Navajos root for the Red Mesa High School Redskins.” And the hypocrisy gets worse from there.

For more examples see my “Big brother is getting bigger”

Minimum Wages

Saving people money so they can live better

Walmart helps people around the world save money and live better — anytime and anywhere — in retail stores, online and through their mobile devices. Each week, more than 245 million customers and members visit our nearly 11,000 stores under 71 banners in 27 countries and e-commerce websites in 10 countries. With fiscal year 2014 sales of approximately $473 billion, Walmart employs 2.2 million associates worldwide.

The above words are taken from the first page of Walmart’s website. Some have claimed that Walmart achieves this great feat by exploiting its workers. What might that mean?

A number of the gulf countries have workforces that are predominantly foreign. Qatar is the world’s wealthiest country on a per capital basis. In a recent article The Guardian reported that: “the Guardian visited a group of more than 60 workers from south Asian countries in a workers’ camp in the desert 25km west of Doha. They have had their passports taken from them, in breach of Qatar’s labour laws, which prevents them from leaving the country, and many of them have not been paid for several months. Most paid hundreds of pounds to agents in their home countries simply for the right to get a job in Qatar. Among them lives Ujjwal Thapa, 25, who left Nepal last autumn…. He has not been paid for several months despite working for 11 hours a day, six days a week, on building sites for an Indian contractor.

“Another worker was conned over the wage he would earn. His immigration document, stamped by the Nepalese government before his departure from Kathmandu, shows he had agreed to work as a foreman on a basic salary of £410 a month. But the contract signed with the employer on arrival was for £150 [US$ 240] a month to work as a carpenter “ “Qatar promises change-unpaid migrant workers”

Labor practices in Qatar are truly exploitive even though workers came voluntarily. Walmart has been accused of paying poverty level wages: “Walmart’s average sale Associate makes $8.81 per hour, according to IBISWorld, an independent market research group. This translates to annual pay of $15,576, based upon Walmart’s full-time status of 34 hours per week.” Should they pay more?

If the number of workers they now employ, about 2 million, were not willing to work for the wages offered, Walmart would have to pay more, but would almost certainly choose to get by with fewer workers. The demand curve for labor (wages on the vertical axis and number of workers on the horizontal axis) is downward slopping—lower wages brings larger demand. If a minimum wage law required them to increase their minimum wage to say $10.10 dollars an hour as proposed by President Obama, Walmart would hire fewer people. Some people working at the current minimum of $7.25 would enjoy an increase and some would become unemployed. Not only would the quality of Walmart service drop a bit with fewer employees helping customers but the customers would have to pay a bit more as higher wages were passed through to higher prices paid by customers. The Congressional Budget Office estimates raising the federal minimum wage to $10.10 an hour would eliminate 500,000 to 1,000,000 jobs. On the other hand, if customer demand for Walmart services increased and Walmart found it profitable increase its staff, it would have to pay more to attract them even without a minimum wage law.

It is obvious that if some one offers their services cheaply enough you will use more them than otherwise. If you could hire the neighbor kid for a dollar an hour to weed the garden and clean up the garage you might do so when you wouldn’t for $10.00 per hour. If he or she doesn’t want to do the work for a dollar an hour or has a better offer somewhere else, you might do it yourself. The supply curve for labor is upward sloping—fewer people are willing to work at lower wages. The intersection of the supply and demand for labor is the wage at which everyone wanting to work has a job.

But of course not every worker is the same as every other worker. You are happy (or at least willing) to pay the plumber $30 per hour because of his greater skills. In fact very few people earn the minimum wage or less and thus most workers will be unaffected by its prospective increase. Some jobs are exempt from the minimum wage to prevent closing off some services altogether (home companions for the elderly, newspaper delivery people, babysitters, disabled workers, etc.). Failing to win the economically obvious case for eliminating minimum wage laws all together, some have argued for sparing teenagers at least from its damaging effects. Young people just entering the job market from high school must learn skills on the job. They begin with very low productivity and employers are not willing to hire them at the same wage paid to more experienced (older) workers.In 2013, 16-19 year olds had an unemployment rate of more than 20 percent in the U.S. when total unemployment averaged 7.4%. “Minimum wage hike means more sub-minimum workers”

So why does President Obama (and George W Bush before him) want to raise the minimum wage? It seems to exploit the public’s ignorance of economics, with the feel good prospect that the government can make us richer by legislating it. The public is not really that dumb. It is frankly difficult for me to understand. Marc Linder argued for minimum wages, not because he believed that people could be made wealthier with magic wands, but because he believed that some (very low wage) jobs should not exist at all because they were beneath man’s dignity. He assumed (or advocated) that those unable to work as a result would be cared for by the state. At least I think that is what he is saying (he is a lawyer, not an economist). The abstract to his book: The Minimum Wage as Industrial Policy: A Forgotten Role, says: “In the welter of arguments being debated in connection with amending minimum wage legislation, the protagonists have lost sight of the original intent of such state intervention. That purpose was to help — exclusively — those workers whose wage formation process was subject to “market failure” by forcing their employers to internalize the minimum social costs of maintaining a worker, which they had succeeded in shifting onto the worker or society.

“Although the minimum wage was obviously also designed to create micro-welfare effects, its primary function lay in removing labor costs from competition, increasing productivity macro-economically by driving “parasitic” firms out of business and concentrating production in the most competent firms, and steering capital-labor relations.” “Marc Linder” I have no idea what that means, but the evidence is overwhelming that minimum wage laws harm the least advantaged if they set minimum wages high enough to make any difference.

Big Brother is getting bigger

Americans are forever debating the best boundary between the domain of government authority and our personal authority. It is an important discussion, which should continue forever. Many but not all of the issues discussed have to do with the balance between security (protecting us from attack, disease, hunger, etc.) and liberty (leaving us free to hold our own religious and political beliefs, and set our own personal goals, make our own decisions, etc.). Many of the considerations in these discussions revolve around the relative advantage and efficiency of the government, or entrepreneurs, or ourselves —which can do something better (set standards, build bridges, build rockets, develop and implement more efficient sources of energy, cure cancer, develop better telephones, put on a play, etc). An important class of considerations concerns the risks of granting the government powers that can potentially be abused. Edward Snowden has certainly made us think about some of these risks. I urge you to reread my earlier blog on this subject: https://wcoats.wordpress.com/2013/03/08/protecting-our-civil-liberties/.

Four recent examples of the government’s abuse of power suggest that it is sliding into increasingly dangerous habits. I optimistically count on the good sense of you all to push the pendulum in the other direction.

The Common Core. The effectiveness of any undertaking should be measured by its output – its result. In the critically important area of education, data on what we spend on education tells us nothing about whether the money was well spent. Expenditures measure inputs not outputs. In order to determine whether children have learned what we think they should have learned, we test them. Some tests are better than others, of course, but there is value (at the very least to parents trying to decide where to live) in being able to measure the quality of teaching in one area with that in another, and common, standard tests are one of the ways of doing so. Different localities may have different ideas about what they want their kids to learn, but otherwise it is helpful to be able to compare how much kids learn on average in different schools, communities, and states. It would also be of concern if the skills and knowledge one area aims for are very different from those sought in another area of the same country, as there are a core of values and shared knowledge necessary to preserving a peaceful, flourishing society within a nation, to preserving a shared sense of nationhood. For an immigrant nation like the United States, this is especially important.

These are the considerations that led Bill Gates to finance the development of the common core of knowledge expected for each grade level and the standard examinations to test their achievement. I strongly support the desirability and value of this goal. But what is the role and scope for experimentation in approaches to effectively teaching what we think our kids need to learn? Though it is a little disturbing to use our kids as guinea pigs, it is better to do so one school or school district at a time rather than experiment with the entire nation (which eliminates the possibility of comparisons between approaches). Many educational fads have proven to be misguided and have done great damage (look-see reading methods, the elimination of groups of different ability within one class, etc.) More over, it is essential that parents have a choice of what school and approach to send their kids to. Such School Choice and the variety of approaches offered allow limited experimentation while preserving social peace (each family is free to make their own choices) at the same time. Still, there is a minimum standard core of values and knowledge we rightly expect every child (our future citizens and voters) to have if we are to preserve the values on which the country was founded and has so successfully operated for over two hundred years.

These somewhat conflicting objectives cannot be resolved easily. There is a balance between individual choices and the minimum common values needed to live peacefully together. The search for the best balance is facilitated by keeping most education decisions local and close to the families for which it is most important. We are suffering from Ronald Reagan’s failure to deliver on his promise to abolish the Department of Education (a department of the federal government, which has no constitutional role in education). I think that a Common Core of educational achievements is desirable but that they must be voluntarily adopted by each school district and state. The process of discussion between districts and states will improve the standards that most choose to adopt.

If you think that the federal government leaves this choice to the states (where it has constitutionally been placed), think again. The federal government both penalizes and rewards (subsidizes) states in order to pressure them into adopting the standards promoted by the federal government. It should not.

Lois Lerner’s missing emails

It is not surprising that government officials and bureaucrats sometimes let their own political, religious, or cultural views influence their performance of their official duties. After all, they are human like the rest of us. Thus where we have given a responsibility to government, and collecting taxes is a proper and necessary function of government, it is important to impose strong checks and balances against the abuse of such powers. The misuse of the IRS to punish political enemies is a disturbing abuse of government power, reminiscent of Richard Nixon’s enemies list. But such things happen from time to time under every administration. What is much more disturbing is the failure of this administration to take all reasonable measures to punish those responsible. The missing IRS emails subpoenaed by Congress (like all government agencies, the IRS had contracted a company to back up its emails) are reminiscent of the missing 18 minutes of Nixon’s White House tapes. Ms. Lerner and others involved should be in jail.

The Redskin’s name

I am not a Native American and thus have no idea why some of them consider the name of our football team, “The Washington Redskins”, offensive. Negro’s (aka African-Americans) are regularly referred to as “blacks” without apparent offense. In my opinion, ethnic groups should be free to inform the rest of us what they prefer to be called, and out of respect I am happy to oblige (though it is a bit annoying when they change their preferred designation every decade or so). But this should be none of the government’s business. Social conventions of good manners should be communicated to the government, not the other way around. But our government seems to be imposing its views on such private matters more and more these days. Upon visiting ground zero (the monuments constructed where the Twin Towers used to stand in New York City) a few weeks ago, I was very offended by a sign with a details list of how to behave while in the area. I didn’t object to the substance of the behavior demanded, but to the presumption of the government of the need to do so.

Last week the U.S. Patent and Trademark Office canceled the Washington Redskins’ trademark on the grounds that federal trademark law does not permit registration of trademarks that “may disparage” individuals or groups. In its announcement the Office stated: “that these registrations must be canceled because they were disparaging to Native Americans.” We will need to pay more attention in the future to the social/religious views of those we elect to office in the expectation that they will be increasingly imposing those views on society. This is not where we should want to go. “The-patent-office-goes-out-of-bounds-in-redskins-trademark-case”

Operation Choke Point

Imposing the government’s views on how we should behave takes a frightening leap forward with Operation Choke Point. As reported in The Economist: “a scathing report released on May 29th by a congressional committee… claims the operation was designed to strangle legitimate businesses that the government objects to for ideological reasons, such as payday lenders or gun dealers. The method is to deny them access to banks and payment systems, by prosecuting payment firms that abet suspect transactions…. The congressional report raises an even more vexing question: whether Operation Choke Point ‘inappropriately demands that bankers act as the moral arbiters and policemen of the commercial world’. The banks’ own legal travails suggest they are not obvious candidates for the job.” “Anti-fraud push accused of turning bankers into unaccountable cops”

I find this totally unjustified intrusion into private affairs deeply disturbing. We should push back hard. I would not be surprised, and would be quite pleased to see the rest of the world push back against similar U.S. bullying of foreign banks via its Foreign Account Tax Compliance Act (FATCA) and long running Anti Money Laundering (AML) campaign. Via FATCA and in total disregard for the laws of other countries, the U.S. is extorting foreign banks to share private depositor information and undertake costly vetting not only of their customers but of their customers’ customers. “Big-banks-are-cutting-customers-and-retreating-markets” This is imposing large costs on banks, which are increasingly refusing to deal with American customers rather than incur those costs. To the extent this concerns compliance with tax obligations, the United States needs to fix its impossible and dysfunctional income tax codes (individual and corporate) rather than bully the rest of the world. “The principles of tax reform” This is not a promising trend.

War – Bosnia, Kosovo, Afghanistan, Iraq, Libya, ??

Current developments in Iraq are depressing but follow the pattern of America’s well meaning but misguided attempts to remake the world in our own image. “Chaos in Iraq prompts soul searching among military veterans” WP /2014/06/18/ For my friends in Iraq the advances of the Islamic State of Iraq and Syria (ISIS) fighters is alarming and dangerous. I am truly sorry for them that they have not yet sorted out their internal sectarian (Shia and Sunni Muslims) and ethnic (Kurds and Arabs) issues. However, these developments do not constitute a serious risk to the United States, though reengaging militarily in Iraq to support the terrible al-Maliki government would. I hope that President Obama sticks to his current resolve not to. Our attack of far away Iraq ten years ago was a disastrous mistake foisted upon us by misguided neocon warmongers. See my account of my work and life in Baghdad in 2004: “My Travels to Baghdad”. And Senator McCain would you please shut up before I loose all respect.

For over twenty years I have worked in transition economies (Bulgaria, Kazakhstan, Kyrgyzstan, Moldova) and post conflict economies (Bosnia, Kosovo, Serbia, Afghanistan, Iraq, South Sudan and West Bank and Gaza) to help them develop central banks capable of supplying a stable currency and overseeing a sound banking system. I have made many wonderful friends along the way and am thankful for the opportunity given me by the International Monetary Fund to have these experiences. My primary motivation, which I think I share with most people, has been the desire to help make the world a better place by sharing the knowledge and expertise I have developed in my field (monetary policy). Often working alongside or with the U.S. military, which is I am sure the finest that ever existed, has convinced me that the neocon dream of forced democracy at the point of a gun is a dangerous delusion. Our post cold war military adventures have weakened our national security, weakened our liberties at home as part of a mad war on terror, and failed to establish better governments in the countries we attacked. We need to engage the rest of the world cooperatively to help build a peaceful, productive, and just world based on the rule of law. Our Army should stay at home to defend our territory.

My longest engagement has been in Afghanistan, starting with a visit in January 2002 and lasting through this last December. I have watched bright and dedicated young Afghans (some still in their twenties) grow up into outstanding leaders in Afghanistan’s central bank (Da Afghanistan Bank). I admire and respect them and have been privileged to enjoy their company. If Afghanistan succeeds in becoming a viable country, it will be because of them and other young Afghans like them. I pray for it to happen. It cannot be made to happen by the U.S. military and President Obama is right to finally bring them home. The rest of the world and its international organizations such as the IMF and World Bank should remain engaged with Afghanistan, sharing its advice and resources. But only Afghans can sort out the country’s ethnic, corruption and governance problems.

A full transition to a truly democratic country based on the rule of law, something badly wanted by the younger generation I have been working with, will take decades of hard work by Afghans. Significant progress has been made. Both candidates for President in Afghanistan’s run off election this past week are capable people who should be able to put together and run a successful government. Success of the election and Afghanistan’s continued progress toward becoming a modern, effectively governed country depends, in my view, more on the Afghan peoples’ broad acceptance of the outcome of the election rather than on who wins. Thus I am saddened (appalled actually) by the behavior of Abdullah Abdullah, one of the two candidates. Today’s Washington Post reports that he “is calling the government’s vote-counting process illegitimate, laying the groundwork for a protracted dispute that could destabilize the country.” This risks sabotaging Afghanistan’s future. “Afghan-presidential-election-thrown-into-question-as-abdullah-disputes-vote-counting”

Liberal societies vs top down (centrally planned) societies

Michelle Obama is absolutely correct to criticize food served in many school cafeterias as contributing to an epidemic of obesity. I grew up knowing that white bread, especially enriched white bread, was bad for me. My mother, who like all mothers loved her children and wanted them to be healthy, had read every word of Adelle Davis three times over. Moreover, compared to whole wheat and multigrain breads, white bread has no taste. So why are some kids today—fat kids no doubt—throwing whole wheat bread and fruit in the trash? “Michelle Obama’s school lunch agenda faces backlash from some school nutrition officials” WP/2014/05/29/

I believe it is ignorance, which the First Lady wishes to help overcome, and rebellion. The ignorance is a bad thing to be over come, and the rebellion, if that is what it is, is fundamentally a good thing—resistance to being dictated to from above. If loving mothers and their children understood the importance of nutritious food to their well-being, do we really believe they would throw it in the trash? These are children we are talking about, who must be taught everything they know. If on the other hand, the government and school administrators simply try to impose healthier food on them, they will resent having their candy taken away from them and will rebel.

This all speaks directly to a frequent theme of mine—the sanctity of the individual vs. the power of the state. If the government thinks it knows better than Johnny and Betty what is good for them to eat, what should it do? The top down, central planning mentality calls for better food standards imposed on schools. After all, pizzas etc. are cheaper and easier to prepare as well as more fun to eat and the government shouldn’t allow these shortsighted considerations to dominate. Respect for individuals, even children, suggests a very different approach. It suggests improved education (the same arguments I have made against the war on drugs). If mothers, and through them their children, understood better what food was good for them and the implications of eating or not eating healthier food, most would choose it. The companies that make it are interested in selling their products and if there is demand for healthier food, then that is what they will make money producing.

Ukraine Monetary Regime Options

On March 12th I participated in the Emergency Economic Summit for Ukraine in Kyiv. The summit was organized by Tom Palmer (Atlas Foundation) and Dalibor Rohac (Cato Institute) and several Ukrainian free market think tanks. My charge was to evaluate monetary policy regime options. The following paper prepared for this meeting and published in the current issue of the Cayman Financial Review,  presents my assessment. If, like most people, you are not interested in monetary policy issues, you should skip this paper:  http://www.compasscayman.com/cfr/2014/04/07/The-future-of-Ukraine-%E2%80%93-and-the-role-of-sound-money/

My country

Those of us who attend events at the Kennedy Center rather than Wrigley Field or other such palaces of sport are not used to starting off the evening singing the Star Spangled Banner. Thus it is always a bit of a surprise when an evening with an orchestra visiting from abroad starts off that way followed by its own national anthem. The other evening it was the Israel Philharmonic—The Star Spangled Banner followed by Hatikva. We rose a bit awkwardly to our feet. The fact that two nations joined in friendship to salute their national identities, ideals and aspirations added a great deal to the emotions of that moment. I was reminded once again of the great respect and pride I have for my country.

I say this not because my government or fellow citizens always do the right thing—far from it. But because we pretty much agree on what the right things are at the level of general principles and because we try to adhere to them as much as possible and return to them when we don’t. The United States was founded on great and honorable principles. We established institutions and developed attitudes—which include checks and balances on the exercise of power—that deserve our respect and defense. Thus I am encouraged that the abuses of government power following the 9/11 attacks on New York and Washington, which reflected a frightened public’s desire for security, are beginning to be reversed. I am encouraged that our misuse of our military and political power to impose our views on others (Iraq, Afghanistan, Libya, etc.), which we have never been very good at, seems to be on the wane.

Our freedom of speech and free press and our critical mind-set play important roles in the never-ending fight to keep leviathan at bay. The trauma of 9/11 brought out the best and worst in my country. The dangerous excesses of the NSA have received a lot of badly needed attention in recent months but now another area of government lying to us in the name of security is back in the spot light. If you take yourself back twelve years or so, and try to remember what you thought about torturing terrorists for information that might prevent another terrorist attack, you might remember that some argued that it was OK if it really saved lives. We all knew that torture violated our values (not to mention international treaty commitments), i.e. that it was wrong, but if it really saved lives….. It turns out that it didn’t and the government lied to us about the useful information it allegedly produced. It was wrong AND didn’t save any lives. Congressional oversight and our free press are to be thanked in this case for disclosing these government misconducts: “CIA misled on interrogation program”/2014/03/31/.

Were these bad things done by bad people? These latest disclosure were made the same day as General Motor’s failure to disclose a faulty auto part for ten years and the causes of the failures are similar (human nature in the face of weak incentives to behave properly). Most people I encounter (not just Americans of course) want to do good with their lives even when the result of their activities are sometimes not good. There are, of course, also bad (just plain mean) people in the world. Most of us have encountered one or two of them in school (bullies). In adult life they can easily be attracted to position that give outlets to their meanness (the police, prisons, military provide such opportunities). We are fortunate that as the result of hard efforts by many people, our police, military etc. are generally very professional and keep the bullies among them in check. There are exceptions, of course. The disgusting mistreatment of Iraqi prisoners by a few Americans in Abu Ghraib prison was exposed just as I took up a two-month residency in Baghdad. I was embarrassed that my countrymen and women could have behaved so badly (and concerned with its possible impact on my safety). But my point here is that in the United States such things are almost always revealed and disclosed eventually and thus kept in check. This is why I can remain proud of my country. Though we never live up to our high ideas, we take them seriously and are always trying. Excesses usually get corrected until the next one comes along. It is an important and never-ending battle, but as long as we keep fighting it, I will remain proud of my country.

Strengthening National Security

On March 10, Edward Snowden was interviewed via videoconference at the annual conference of SXSW Interactive: “Conversation with Edward Snowden” It is an absolutely brilliant discussion of the issues first raised by Snowden last year with emphasis on protecting our privacy. I had not viewed it yet when I posted my last blog on the slippery slop of government expansion, but it provides another powerful set of examples. I strongly urge anyone to view it who is interested in and concerned about how to strengthen our security against criminals and enemies without eroding the checks and limits on the scope and power of our government that is one of the foundations of our successful democracy built into our constitution.

Snowden is surprisingly articulate. He understands economics almost as well as cryptology. I will repeat here just two of the many brilliant points he made and urge you to watch it all.

No one in the discussion of surveillance and national security raised by Snowden wishes to impede the ability of the NSA or the government to gather information on targeted individuals under court orders with proper oversight. Sounding like an economist (and of course we all love economists) Snowden notes that the billions of dollars that have been wasted on mass (as opposed to targeted) data collection and analysis (it has produced virtually no useful information) has taken valuable resources away from improving the collection and analysis of targeted information. Thus, for example, the underwear bomber and the Boston marathon bombers probably could have been stopped if our government had used its intelligence resources more wisely. In short, mass surveillance programs have reduced our security in many ways.

When asked why the NSA and other government security agencies persist in hanging on to worthless and wasteful (and potentially dangerous) programs, Snowden presents a proper public choice answer that is very similar to the special interest defense of wasteful and harmful tax loop holes I criticized a few days ago. Individuals and companies benefit from the huge amounts spent on these programs. They acquire a self-interest in their preservation. In addition, bureaucrats are naturally self-protective and slow-moving. You really should listen to Snowden’s own words.

As I have said a number of times previously, the disclosures of confidential government documents and internal discussions by Chelsea (AKA Bradley) Manning are harmful to the effective functioning of government. I am glad that she is in jail, though a hospital would probably be more appropriate. Snowden, on the other hand is a full-blown hero and patriot. It took me a while to fully embrace this view, but it is clear now that our personal and national security have already improved and should improve further in the future because of him (and others working in the same direction). I am very grateful for the huge personal sacrifice he has made for me and for our country. I hope that our government will find a way to welcome him back home soon.

Keep it limited and keep it simple

The first and second rules of good government

The price of liberty is eternal vigilance. We can never remind ourselves of this fact too often. As I have written many times, government by its very nature is a slippery slope. We need government and we need good and efficient government for a number of things that only governments can provide. But it is in the very nature of government that it naturally expands its scope and power unless prevented from doing so – over and over again. It is also in its very nature that it is relatively inefficient and slow moving because of the need for cumbersome checks and balances. Private enterprises are disciplined by the market (their need to profitably satisfy consumers). Governments are more difficult to monitor and keep honest. But we need them so some (hopefully limited and enumerated things) are properly assigned to government.

Government is especially difficult to keep in check the more it intrudes into activities in and of the private sector. This is a good reason for resisting such extensions in the first place. The repeated cycles of corrupting our tax code with special breaks for special groups provides but one example of the danger. After pretty much cleaning up the income tax in 1986, special interest favors gradually crept back in until now it is again a total mess. Economists continue to debate the best approach to taxation (see my summary: The-principles-of-tax-reform in the Cayman Financial Review July 2013), but they are generally agreed that a broad tax base with low or flat marginal rates is the most neutral (least distorting of the economy), efficient, and fair way to raise the money to pay for what the government does. In short, special tax brakes for specially groups are generally bad (watch a few episodes of the Netflex series House of Cards to get a feel for the problem).

I was brought back to this topic by a recent Washington Post article on proposals by Senator Ron Wyden, the new Chairman of the Senate Finance Committee to restore all kinds of special favors to the tax code, basically ignoring the recent, laudable efforts of the House Ways and Means Committee, lead by Representative David Camp, to remove them and clean up our scandalous income tax law. “Senator to revive array of tax breaks”/2014/03/26/. Once a favor (tax break or subsidy) is extended to a special interest group it has a much stronger interest in defending it than the rest of us (the general tax payers) have in fighting it to take it away.

A few of Wydern’s proposals tell you all you need to know (once again, think House of Cards): “Sen. Ron Wyden (D-Ore.) plans Monday to unveil a proposal to temporarily extend the breaks, which include such popular policies as a credit for corporate research and development, an incentive for commuters who use mass transit and a special deduction for sales tax in states such as Florida and Texas, which do not tax income.

“Democratic aides said Wyden plans to ask the committee to vote separately on some of the more controversial provisions. For instance, senators will be asked whether to revive a much-maligned break to promote development at NASCAR racetracks, as well as a credit for the purchase of electric motorcycles and golf carts that barely survived a 2012 effort to weed out special-interest provisions.

“However, Democratic aides expect the entire list of temporary tax policies — known as “tax extenders” — to emerge intact from the committee, adding nearly $50 billion to this year’s budget deficit.”

President Putin’s welcome to Crimea

Anyone interested in current events in Ukraine should read Russian President Putin’s address to the Russian people on March 18, 2014 welcoming Crimea back into Russia: “Putin’s speech on Crimea”. It is very clever in playing to the insecurities of the Russian people while also speaking to the international community. Putin says many things we can hardly disagree with along with (and often packed in) some amazing lies and some embarrassing truths.

Here is one example of the former: “I would like to reiterate that I understand those who came out on Maidan with peaceful slogans against corruption, inefficient state management and poverty. The right to peaceful protest, democratic procedures and elections exist for the sole purpose of replacing the authorities that do not satisfy the people. However, those who stood behind the latest events in Ukraine had a different agenda: they were preparing yet another government takeover; they wanted to seize power and would stop short of nothing. They resorted to terror, murder and riots. Nationalists, neo-Nazis, Russophobes and anti-Semites executed this coup. They continue to set the tone in Ukraine to this day.” Perhaps Putin’s virtual shut down of a free press in Russia has kept the Russian people from knowing of his suppression of political opposition there. Or perhaps he thought that the recent release from prison of Mikhail Khodorkovsky (after over ten years of political incarceration) and Pussy Riot demonstrated that the “right to peaceful protest” was alive and well in Putin’s Russia. His statement that the murder of over 100 Maidan demonstrators was at their own hand is just a bald faced lie.

Examples of embarrassing truths include President Obama’s pledge not to bomb Libya. Quoting Stephen Cohen, a professor emeritus at New York University and Princeton University, on the Charlie Rose show:  “The United States said to Russia, support of the United Nations’ [authorization of] a no-fly zone over Libya so that Gaddafi can’t take his planes up and attack the insurgents.  Russia said, so it’s just a no-fly zone?  You’re not going to bomb Gaddafi?  [But] we did and it led to his assassination. From that moment on, Putin never trusted anything that came out of the White House.”

I had intended to start the previous paragraph with the often repeated claim that, to quote former U.S. defense secretary Robert McNamara, ‘‘the United States pledged never to expand NATO eastward if Moscow would agree to the unification of Germany.’’ According to this view, ‘‘the Clinton administration reneged on that commitment when it decided to expand NATO to Eastern Europe.’’ Quoted in Mark Kramer: TWQ article on Germany and NATO. Recently available documentary evidence cited by Kramer clearly refutes this “myth.”

I want to share an account of a famous meeting I attended in Tashkent on May 20-21, 1992. The account was written by me many years ago but never shared until now. It presents the truth of another mini lie in Putin’s speech contained in the following passage:

“The USSR fell apart. Things developed so swiftly that few people realized how truly dramatic those events and their consequences would be. Many people both in Russia and in Ukraine, as well as in other republics hoped that the Commonwealth of Independent States that was created at the time would become the new common form of statehood. They were told that there would be a single currency, a single economic space, joint armed forces; however, all this remained empty promises, while the big country was gone.” The following account reveals just how committed Russia was to “a single currency” for the newly independent Former Soviet Republics.

Tashkent, May 20 1992

A.   Background: Monetary Babylon

The sudden formation of 15 central banks out of Gosbank in the Former Soviet Union created a strange and ultimately unsustainable situation. One monetary system suddenly had 15 suppliers of “rubles.” The ruble banknotes supplied by the new Central Bank of Russia (they were initially the USSR ruble notes that had already been printed by the Central Bank of the USSR) were issued in their respective areas by each of the 15 FSU central banks. In addition, ruble deposits with banks where used in payments throughout the entire FSU region using the settlement accounts each bank maintained with its newly independent central bank. When payment orders from FSU republics outside Russia began piling up at the Central Bank of Russia in Moscow, we were forced to start sorting out what was wrong with the “system.”

Initially the payment system continued to function as it had previously under Gosbank. The system was decentralized. All that was needed under that system was to verify that the sender (payer) had sufficient funds in its account with its bank. As there was only one bank in the Soviet system, Gosbank, there was no issue of the sender’s bank having enough money in its “settlement” account. All deposit transfer payments were in effect “on us” (i.e., intrabank transfers). Thus a valid payment order could be and was safely accepted at which ever branch or office of Gosbank it was delivered to (the one closest to the recipient of the payment). However, with the introduction of a two tiered banking system several years earlier, the adequacy of a depositor’s bank’s settlement account with the central bank potentially became important.

In early 1992 we were confused by the system being described to us. It was very difficult for us to understand how it really worked. Our counterparts who were explaining the system to us, either didn’t really understand the system either or understood it in terms of its functioning in monobank days. On top of this, the system we were trying to understand was being described to us in Russian and then being translated into English for us by interpreters with no real knowledge of the subject they were interpreting.

Under the old, inherited system, a payment order was sent directly from the central bank branch office used by the sender to the central bank branch office used by the receiver. We were concerned with the potential for credit creation by overdrafts that seemed to be automatically generated when payment orders were accepted wherever they landed without being able to verify the sending bank’s settlement balance with its respective central bank. Bruce Summers of the Federal Reserve Bank of Richmond, complained that each of the fifteen central banks created out of Gosbank needed to centralize the information on account balances if they were to avoid accepting payment orders that might result in overdrafts. Furthermore, something was needed to ensure that net payments among the fifteen central banks did not result in unauthorized overdrafts.

In a series of quick steps, the Central Bank of Russia centralized all incoming payment orders from FSU payers outside of Russia in its Regional Branches and ultimately in Moscow. Furthermore, payment orders that had earlier been sent directly from the Gosbank office servicing the payer to the Gosbank office serving the payee, were now redirected to the new central bank of the republic of the payer, which forwarded it to Moscow (if the payee was somewhere in Russia). Quite aside from whether the bank of the payer had sufficient settlement funds, the sheer volume of payment orders now directed to Moscow overwhelmed the CBR staff there. The time for processing cross border ruble payments was measured in months.

In addition, no one seemed to know the terms under which the CBR supplied its ruble bank notes to the new FSU central banks. Under the inherited system, banknotes were shipped from the mints to the regional branches and offices of Gosbank as needed. They were issued to enterprises against debits to the enterprises’ account balances with the central bank or as credits to the enterprises. The rest was just internal bookkeeping. This arrangement continued for a while until the new FSU central banks began to realize that they were no longer part of the new central Central Bank of Russia and would need to pay for the banknotes of the CBR.

I remember being told by bewildered staff of the National Bank of Kazakhstan and National Bank of Kyrgyzstan that of course the CBR would continue sending banknotes when needed because they always had. And why should they “charge” for them as they had never charged for them before. And indeed, the CBR did continue to send their banknotes for a while and no one knew what the terms for providing them was or might be. This was new territory for everyone and no one seemed to understand exactly where the system was going or how it should work.

As almost all of the new republics had a balance of payments deficit with Russia, the settlement accounts of their new central banks with the CBR in Moscow were always over drawn. The CBR periodically extended credits to these FSU central banks in order to put the overdraft credits on a more explicit basis. But in fact, as the whole process was not really understood and the CBR’s policy not yet really established, the terms of these credits were often unspecified for many months after the fact. Russia seemed to use the undefined terms for political leverage. More politically cooperative Republics negotiated better terms than others.

Resolving the settlement problem was further complicated by the fact that the system was not designed to produce up-to-date account balances. I remember when our accounting expert, Alan Vedren Lacohm from the Bank of France, reported to me that the central bank did not seem to know the current balances of the deposits banks held with it. As hard as it was for him to believe or understand, the central bank seemed to maintain separate debit and credit accounts that were only compared and balanced once a year. An enterprise could issue payment orders against its account on the basis of a central plan authorization. It didn’t matter if it had enough money in its combined debit and credit accounts, and in fact no one really knew whether it had a positive balance or not. This astounding fact mystified us because we were seeing it from the prospective of the systems familiar to us designed for market economies. When we came to understand that the Soviet system, obviously designed to serve a centrally planned economy, was really a budget tracking tool, we suddenly understood its logic. None-the-less, it would not work for a market economy. (Alan later married my assistant after they met on my second mission to Kazakhstan and Kyrgyzstan)

When a bank did not have sufficient balances in its settlement account at the central bank, the central bank could extend it credit to permit payment settlement to proceed. However, such credit did not help when “rubles” were being transferred from Kazakhstan (for example) to Russia. The National Bank of Kazakhstan could not extend credit to its own account with the CBR. The system was designed to work with one central bank and it continued to operate throughout the ruble area as if it still had one central bank when it in fact had 15. The fact that the CBR more or less automatically extended credit to the other FSU central banks and supplied them with what ever ruble bank notes they needed (a very soft budget—balance of payments—constraint), encouraged the FSU central banks to create ruble credit at an ever increasing rate.

B.   A Blue print for monetary union

The emerging system was not viable. The USSR had been one economic and monetary space. With its break up, the ruble continued to circulate and to be used for payment through out the entire area. In the case of bank notes, a ruble was a ruble (until new versions were introduced later in the year and in 1993). But in the case of deposit rubles, 15 central banks now issued them. And they continued to be transferred from one account to another as if they were one currency in one system. As we more fully appreciated later, the ruble area of 1992 consisted of one cash ruble and 15 different non cash rubles. Each central bank was issuing its own ruble credits. A ruble claim on the National Bank of Kazakhstan was not the same as a ruble claim on the CBR even though they had the same name.

If an FSU central bank was going to create credit as it saw fit, it would need to introduce its own currency (bank notes as well as central bank account money). If an FSU republic wished to continue using the “traditional” ruble, it’s monetary policy would need to be subordinated to or coordinated with that of the CBR and any other central banks that remained a part of the ruble system. We developed a set of rules for central bank cooperation within a ruble area that we thought would be needed to make the system coherent and stable and invited the governors of all 15 FSU central banks to a meeting to discuss them. The meeting took place in Tashkent on May 20 and 21 following a heads of state meeting there as part of the Russian effort to organize the Commonwealth of Independent States (CIS).

This meeting was preceded by building tensions between the CBR and most of the other FSU central banks as they raced to out do one another in creating ruble credit and as payment orders piled up in Moscow. The situation was further complicated by conflicting signals from Moscow. Depending on who was speaking on any given day, Russia seemed to support the introduction by the FSU republics of their own currencies (thus leaving the ruble area) or the surrender of monetary autonomy to the CBR. Either of these Russian positions was coherent. Our own proposal was meant to provide coherence and central, but collective, control of monetary policy (along the lines of the subsequent ECB), without full surrender to the CBR (These can be found in IMF [Occasional Paper 51]). The Russian terms for staying in the ruble area were cleaner, but because they required complete subservience to the CBR, we felt they would drive out (into their own currencies) even those countries that wanted to stay in a ruble area.

After helping to develop the guidelines to be discussed, I attended the meeting. Other IMF staff attending where Malcomb Knight (later the Sr. Deputy Governor of the Bank of Canada and the General Manager and CEO of the BIS), John Oling-Smee (head of the IMF’s newly established European II Department consisting of the FSU countries), Ernesto Hernadus Catan and Ishan Kapur (both from the IMF’s European I Department). Most of us met in Geneva in order to take a charter flight on May 19. We stopped in Moscow on the way to pick up Ernesto. May 19, 1992 happened to be my 50th birthday. We celebrated on the plane with a bottle of Dom Perignon. It was a memorable birthday.

We were met at the airport in Tashkent by the Deputy Prime Minister. A caravan of three Chaikas and several police cars took us to the compound in which we would stay and our meeting would be held. It was 10:00 pm when we arrived and a formal welcoming dinner had regrettably been planned that required our attendance.

Following the dinner, sometime after midnight, I slept moderately well, despite my excitement, because I was so tired. We had no idea what the current Russian position on use of the Russian ruble would be. It had been changing back and forth in the work up to these meetings almost daily. Clearly views within the Russian hierarchy were divided. Relations between Russian and most of the FSU republics had grown increasingly tense. No one trusted anyone. I had found trying to understand the existing monetary arrangements and working out principles that could make it work intellectually very challenging and interesting. I was filled with excitement and anticipation to hear the reactions of the delegates.

The meeting on the 20th was opened by the Prime Minister, Abdulhashim Mutalov, and the Governor of the State Bank of Uzbekistan. The substantive part of the meeting, which was attended by the Governors of most of the FSU central banks and the Deputy Governors of the rest, was led by John [Odling-Smee]. After a general introduction of the purpose of the guidelines, we proceeded through the sixteen points one after the other. Questions were raised by one chair or another to clarify some of the points. The general suspicion that the IMF would take the Russian position gradually melted (this was helped by the fact that we had fielded technical assistance missions to all of the FSU central banks by then and established the beginnings of relationships of trust). Very few political statements were made and everyone kept glancing at the Russian chair trying to read their position. The Russian Chair, headed by Governor Georgy Matyukhin, said nothing at all that day. It seemed that Russia was not going to challenge our proposal, which was enthusiastically supported by all of the other central banks. At the conclusion of the day it was agreed that a communiqué signed by each of the fifteen governments would be prepared that would set out the sixteen points.

Following the long day’s meetings, we were taken in a long police escorted motorcade to a lake on the outskirts of Tashkent for a celebratory banquet. Our banquet tables were on a large wooden pontoon floating at the edge of the lake. By that time I knew the routine (toasts from each governor, lots of food and lots of vodka). Between the 15 central bank representatives, Uzbek/Tashkent government representatives, and our group, there were a guaranteed minimum of 18 toasts. And indeed, we exceed the minimum. My routine of minimal sips was again subverted by yet another Russian woman sitting across the table. Nothing but “bottoms up” was acceptable. The spirit of the group was exuberant. Each toast became more friendly and gushier than the one before it. Governor’s who were barely willing to speak to each other in the morning had become the best of friends—brothers (“comrades” was no longer a forbidden term).

We arrived back at our compound around midnight. Galinda, our translator from Washington went to work translating the draft communiqué into Russian. John had asked me to be ready to respond the next morning to any questions about inter-enterprise arrears. I started down the hall to my room to brush up on my potential presentation and the First Deputy Governor of the State Bank of Kazakhstan (Mr. Tadjeokof) grabbed me and insisted that I join him in his room for another drink. I had met him two months earlier in Alma Ata (now called Almaty) during my first mission to Kazakhstan. He wished, it seemed, to thank me for our technical assistance and to explain how much they needed lots more. Mr. Tadjiokof did not speak English and I do not speak Russian (or Kazakh), but we proceeded to speak to each other and to lift our glasses of Vodka and toast whatever warm words had been said.

I had assumed that Mr. Tadjiokof had wanted company for another drink, but he persisted in efforts to communicate. It was only possible to go on as if we understood each other for a limited time. I was soon forced to seek help from one of our interpreters. Galinda agreed to suspend her translations of the draft communiqué to interpret for us. Several toasts late, I had second thoughts about the seriousness of Mr. Tajiokof’s communications, which remained focused on his gratitude for our assistance. Galinda was complaining that she needed to return to her work on the communiqué. I was beginning to lose patience and focus. As Galinda left, I spotted Ernesto in the hall. He had been taking Russian lessons and agreed to practice on Mr. Tadjiokof. It was 3:00 am and I stagger off to my bed.

I awoke a few hours later still fully dressed where I had fallen on the bed. I had one of the worst hangovers I can remember. I had serious doubts that I could clearly explain the interrelationships between inter-enterprise arrears and monetary policy. I wanted to sleep for a few more days. But the meeting resumed. No one raised the issue of inter-enterprise arrears thank God. The Russians remained silent. The text of the communiqué was agreed on and the Uzbek hosts agreed to obtain the signatures of the fifteen FSU republics.

The communiqué was never issued nor heard of again. The Russian’s had quietly killed it. In the end, Russia required each FSU republic to choose subordination to the CBT or to introduce their own currency. All but Tajikistan chose the latter. Within several months the Baltic states introduced their own currency and one year later Kyrgyzstan became the first FSU country beyond the Baltics to introduce its own currency. Most of the rest followed before the end of 1993 and the ruble crisis came to an end. Inflation in 1992 is thought to have been several thousand percent dropping to 875% in 1993 and 307% in 1994.

*****************

The quiet disappearance of the central bank cooperation communiqué is reminiscent of the mysterious disappearance of President Yanukovych on February 22, 2014, one day after signing an EU brokered truce with opposition leaders following two days of the worst violence between demonstrators and police in 70 years in which almost 100 were killed. According to witnesses in the room, Yanukovych only agreed to sign the agreement after being instructed to do so by President Putin in a phone call during the meeting. The agreement has not been heard of since. Though Yanukovych was removed from office by an overwhelming vote of the Ukrainian Parliament on February 22, Putin and Yanukovych called it a coup.