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1 – 10 of over 85000The purpose of this paper is to explore the effects of USA Executive Order 13224, one of the most important US counterāterrorist finance measures, on corporations operating in…
Abstract
Purpose
The purpose of this paper is to explore the effects of USA Executive Order 13224, one of the most important US counterāterrorist finance measures, on corporations operating in countries with designated terrorist organizations.
Design/methodology/approach
The effects of Executive Order 13224 are focused on the case of Chiquita Brands International, a major US bananaāexporting corporation that operated in Uraba, Colombia until 2004. The US Government prosecuted Chiquita for āengaging in transactionsā with an illicit, Colombian paramilitary group considered by the US a Foreign Terrorist Organization and as a speciallyādesignated global terrorist. This paper presents the duress defense that Chiquita could have raised at trial under US federal law.
Findings
Executive Order 13224 was drafted hastily and under pressure leading to overāinclusive language and overābroad implementation. Chiquita's case suggests that Executive Order 13224, drafted with the intention of reducing terrorist funding, has made it possible for an extortion victim to be prosecuted for payments it has not chosen to make. This paper will suggest narrowly tailoring the language of Executive Order 13224 or providing an exculpatory provision.
Research limitations/implications
Counterāterrorist finance measure Executive Order 13224 has not been sufficiently examined by scholars. Research on this topic should go hand in hand with enquiry into possible defenses for corporations operating in countries with designated terrorist organizations and having to make extortion payments.
Practical implications
Suggestions are put forward for corporations operating in countries with designated terrorist organizations as well as for drafters of counterāfinance terrorist measures.
Originality/value
Although the designation of terrorist organizations under the executive order has been discussed, few scholars have addressed cases of overābroad application of the executive order. The unexamined case of Chiquita is a unique case in that the extortion victim, and not the extortion perpetrator, is prosecuted. Also, Chiquita was prosecuted for an activity (making extortion payments to the Autodefensas Unidas Campesinas that became a crime after Chiquita began its engagement with such an activity. Furthermore, examining this case thoroughly is important because it has repercussions on at least two public policy levels: the US' War on terrorism and the rights and remedies of corporations investing in countries with designated terrorist organizations.
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Keywords
President Donald Trump is a keen advocate of executive orders, as were former Presidents George W Bush and Barack Obama. However, executive orders can be legally dubious.
Details
DOI: 10.1108/OXAN-DB254907
ISSN: 2633-304X
Keywords
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Piyush Gupta, Piyush Pranjal, Sasadhar Bera, Soumya Sarkar and Amit Sachan
Considerable amount of purchases in business-to-business (B2B) markets make through the tendering process. As technology keeps driving B2B procurement, both the…
Abstract
Purpose
Considerable amount of purchases in business-to-business (B2B) markets make through the tendering process. As technology keeps driving B2B procurement, both the supplier/contractor and buyer firms have settled down in their respective roles in the electronic-tendering environment. Researchers have ignored the supplier-side e-tender-driven marketing process that might lead to substantively successful financial performance. The purpose of this study is to improve the performance of an e-tender-driven marketing process of an original equipment manufacturer (OEM) incorporating the stakeholder's inputs.
Design/methodology/approach
Discrete event simulation modelling (DESM) has been used as a methodology to model, analyse and improve the process with the involvement of stakeholders at every stage of the study. Different scenarios are analysed to identify the near-optimal scenario based on agreed-upon key performance indicators.
Findings
Scenario that incorporated man-power sharing and eliminating avoidable activities gives the near-optimal solution for implementation.
Research limitations/implications
This study highlights that better insights can be gained by adopting the process-oriented view of the marketingāoperations interface. Embracing a stakeholder-based consultative approach gives research a more practical outlook and reduces the gap between theory and practice. Suggestions for further research are provided.
Practical implications
B2B organizations, where lines between marketing and operations are blurred, can improve their marketing processes by implementing operations research tools.
Originality/value
This study provides an attempt to improve the performance of a supplier-side e-tender-driven marketing process of an OEM using the DESM methodology incorporating stakeholder's inputs.
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Bartolomé Dey´‐Tortella, Luis R. Gomez‐Mejía, Julio O. de Castro and Robert M. Wiseman
Agency theoretic models have been used in the past to justify the use of stock options as an effective incentive alignment mechanism to create a common fate between principals and…
Abstract
Agency theoretic models have been used in the past to justify the use of stock options as an effective incentive alignment mechanism to create a common fate between principals and agents. In this paper, we use behavioral theory to reach the opposite conclusion ā namely, that the design characteristics of the typical stock option plan foster perverse incentives for lossāaverse agents, leading to decisions with detrimental consequences for principals. We also consider alternative stock option designs and other equityābased executive compensation plans and argue that they may suffer from the same problems as traditional stock option plans ā namely, that lossāaverse executives will try to protect the endowed value of that equity through selfāserving decisions that do not enhance shareholder wealth.
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This paper aims to evaluate the recent steps and enforcement mechanisms employed in Nigeria to combat money laundering and terrorism financing to give a clear and deeper insight…
Abstract
Purpose
This paper aims to evaluate the recent steps and enforcement mechanisms employed in Nigeria to combat money laundering and terrorism financing to give a clear and deeper insight to the potential that it portends and locate its workability by combing through various policies that are adapted to reinforce the existing anti-money laundering/combating financing terrorism (AML/CFT) legal and regulatory framework in Nigeria. The paper, therefore, provides a comprehensive assessment of these measures to exhume necessary reinforcement elements required to achieve the desired result by exploring developments from other jurisdictions that have surpassed the country in the AML/CFT crusade.
Design/methodology/approach
This study adopted qualitative research methodology. It is structured in such a way that mixed qualitative methodology approach as a research strategy is employed. This is achieved by putting into use the combination of doctrinal and non-doctrinal research methods. Descriptive, interpretative and content analysis methods are used to analyse various AML/CFT government policies along with the existing AML/CFT laws. Judicial pronouncements, various scholarly opinions, along with the anti-money law (AML/CFT) within the Nigeria context are analysed in line with the 40 āRecommendationsā of the Financial Action Task Force which depicts the acceptable legislative and regulatory precedent and an international standard to measure the adequacy or otherwise of any national or local laws on money laundering.
Findings
Factors that were militating against the effectiveness and positive performance of Nigeria government to combat money laundering-related matters were identified. A clear-cut amendment to the existing provisions of law that will address the issue is suggested to enhance the effectiveness and combat other similar challenges that are likely to come out of these policies, otherwise more problems would be created than could be solved.
Originality/value
This paper exposes deficiencies in the present mechanism adopted to combat money laundering in Nigeria and proffers necessary antidote to facilitate the effectiveness of the legislation. It provides necessary information that could facilitate amendments and new legislation(s) to curb the defects by the lawmakers and could serve as a veritable source of information to law students, legal practitioners and academia.
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Arash Najmaei, Jo Rhodes and Peter Lok
The purpose of this paper is to explore and explain how market and technological knowledge gained by executives interact in a complementary fashion to form the knowledge structure…
Abstract
Purpose
The purpose of this paper is to explore and explain how market and technological knowledge gained by executives interact in a complementary fashion to form the knowledge structure of their business model which in turn enable them to make sense of underlying complexities surrounding management of strategic courses of action.
Design/methodology/approach
Unitizing, categorizing, and classifying (UCC) in conjunction with pattern-matching (power and proof quotes) as qualitative methods were used to analyse a series of semi-structured interviews with eight executives from five small manufacturing firms in Australia.
Findings
It was found that executivesā business modelling knowledge structure defined as the knowledge base that underpins their business models is developed from four interactions that exist between their market and technological knowledge. Particularly, executives can learn about technological aspects of their business model from market knowledge they acquire and also learn about marketing issues of their business model from technological knowledge they acquire. This interactive nature offers novel insights into versatility and fungibility of executivesā knowledge as a strategic resource that defines how business models evolve and shows how executives use knowledge as a non-rivalrous resource in different ways for developing different business models.
Research limitations/implications
This study is limited in scope to: first, the context of executive of Australian small manufacturing firms and second, limited sources of data.
Practical implications
This study offers important implications for business modelling and strategic formulation of practicing managers. It particularly contributes to a fuller understanding of how executivesā learning contributes to the cognitive formation of business models. It also helps executives gain new insights into the importance of various types of knowledge and the complementary nature of their interactions in the development of novel mental models as a key managerial competency in todayās dynamic markets.
Originality/value
The conceptual framework developed and findings reported in this study have not been previously studied and offer novel insights into the literature on knowledge-based management, competitiveness, and business modelling.
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Ben Amoako-Adu, Vishaal Baulkaran and Brian F. Smith
The chapter investigates three channels through which private benefits are hypothesized to be extracted in dual class companies: excess executive compensation, excess capital…
Abstract
Purpose
The chapter investigates three channels through which private benefits are hypothesized to be extracted in dual class companies: excess executive compensation, excess capital expenditures and excess cash holdings.
Design/methodology/approach
With a propensity score matched sample of S&P 1500 dual class and single class companies with concentrated control, the chapter analyzes the relationship between the valuation discount of dual class companies and measures of excess executive compensation, excess capital expenditure and excess cash holdings.
Findings
Executives in dual class firms earn greater compensation relative to their counterparts in single class firms. This excess compensation is more pronounced when the executive is a family member. The value of dual class shares is discounted most when cash holdings and executive compensation of dual class are excessive. Excess compensation is highest for executives who are family members of dual class companies. The dual class discount is not related to excess capital expenditures.
Originality/value
The research shows that the discount in the value of dual class shares in relation to the value of closely controlled single class company shares is directly related to the channels through which controlling shareholder-managers can extract private benefits.
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This chapter traces an emerging place-based governance region and identity centered on the California Current large marine ecosystem, which takes in the states of Oregon…
Abstract
This chapter traces an emerging place-based governance region and identity centered on the California Current large marine ecosystem, which takes in the states of Oregon, Washington, California, First Nations, and the federal government branches and agencies responsible for west coast ocean governance. These efforts have been fostered by Executive Orders aiming to coordinate the work of federal agencies responsible for governing the ocean and have been realized in the human and ocean data networks, and working forums of government representatives from the state, federal, and First Nations governments. My analysis brings science and technology studies, law and society studies, and anthropological ethnographic practice into conversation through an exploration of the bureaucratic socialities that are challenged with grappling with the social and ethical ramifications of unpredictable ocean conditions due to impending climate change and increased human uses.
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Mahendra Gupta and Richard J. Palmer
After fifteen years of use by U.S. Federal government agencies, purchase cards are still caught in a debate between the drive to improve governmental efficiency and the need to…
Abstract
After fifteen years of use by U.S. Federal government agencies, purchase cards are still caught in a debate between the drive to improve governmental efficiency and the need to prudently manage and control spending of taxpayer resources. This paper gives decision makers facts by which to evaluate the purchase card experience to date by providing a brief history of legislative actions related to purchase cards, analyzing patterns of purchase card spending by Federal government agencies, estimating the potential size of the purchase card program, and identifying the costs and benefits of shifting low-value transactions to the purchase card. The paper concludes with recommendations for government action.