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Mark E. Haskins and George R. Shaffer
This paper is intended to convey the importance of, and a framework for, crafting a memorandum of understanding (MOU) between an executive education (EE) provider and a client.
Abstract
Purpose
This paper is intended to convey the importance of, and a framework for, crafting a memorandum of understanding (MOU) between an executive education (EE) provider and a client.
Design/methodology/approach
The paper presents general experience and case examples.
Findings
Through experience and over time, the authors have found certain potentially problematic issues that can be prudently and positively dealt with in an MOU, crafted early in an EE/client relationship. Those important issues constitute the framework presented in the article.
Practical implications
The framework presented in this article can be immediately and effectively used by practitioners in crafting useful MOUs.
Originality/value
The authors are not aware of any prior papers on the role of, and framework for, MOUs. This paper addresses the value of an MOU in fostering great EE provider/client relationships.
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The purpose of this paper is to explain that the commonly used method allowing for inter-agency cooperation between national financial intelligence units, the memorandum of…
Abstract
Purpose
The purpose of this paper is to explain that the commonly used method allowing for inter-agency cooperation between national financial intelligence units, the memorandum of understanding, is inadequate and ineffective in creating a cooperative global financial intelligence unit capable of combating money laundering typologies on an international scale.
Design/methodology/approach
Methods of international financial intelligence unit (FIU) cooperation have chiefly occurred in two ways: first, through the efforts of the Egmont Group; and second, through the inclusion of provisions concerning FIUs contained in international legal documents. The first is an impossibility.
Findings
This paper proposes that the result of implementation of the 2012 Financial Action Task Force Recommendations will be an informal network of FIUs where the Egmont group acts as a centralized operator for information exchange, effectively creating an informal global FIU (“GFIU”), but that this system, or a cooperative global financial intelligence unit system based on FIU-to-FIU exchanges will not allow for effective multilateral, international cooperation.
Research limitations/implications
This is because national interests and unfamiliarity with capabilities provided in the Egmont Group’s cooperative platform have and will continue to result in under-utilization of cooperative efforts, and because the traditional mechanism employed for FIU-to-FIU exchanges, the memorandum of understanding (“MOU”), makes uniform or standardized information request and transfer procedures that are required for multilateral or multi-agency efforts to combat money laundering across international boundaries an impossibility.
Practical implications
The Egmont Group’s cooperational structure should be the primary means by which to achieve a GFIU.
Social implications
The global combat on money laundering will be more effective, thereby more fully protecting the global economy.
Originality/value
A comparison between the Egmont Group’s network building mechanism and the existing use of MoU to create global cooperation against money laundering has not been analyzed.
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Hatice Akpinar and Bekir Sahin
The purpose of this study is to fill the gap and apply a fault tree analysis (FTA) in detention lists of Black Sea Region published port state reports from 2005 to 2016. The study…
Abstract
Purpose
The purpose of this study is to fill the gap and apply a fault tree analysis (FTA) in detention lists of Black Sea Region published port state reports from 2005 to 2016. The study analyzes valid records of 2,653 detained ships with 6,374 deficiencies based on a strategic management approach. This paper sets up FTA technique to assess the detention probability of a random ship which calls the Black Sea Region with the help of detention lists published within subject years.
Design/methodology/approach
This paper is not published elsewhere, and it is based on an original work, which figures out detention probability of a regular ship at Black Sea Region port state control from published lists of Black Sea Memorandum of Understanding (MoU). By utilizing these detention lists, a generic fault tree diagram is drawn. Those probabilities could be used strategically with the most seen deficiencies in the region which all could guide the users, rule makers and the controllers of the maritime system.
Findings
FTA has conducted based on the data which was collected from website of BS MoU detention lists that published from 2005 to 2016. Those lists have been published on monthly basis from 2011 to 2016 and on quarterly basis from 2005 to 2010. Proper detention records have been included into the research, whereas some missing records were excluded. Subject lists have been harmonized and rearranged according to Black Sea MoU Detention Codes which was published on October 2017 at Black Sea MoU’s website. According to BS MoU Annual Reports, 58,620 ships were inspected from 2005 to 2016 as seen in Table 1. Those ships were inspected by each member country’s PSOs in the light and guidance of predefined selection criteria of the region. Detention frequency of inspected ships detected as 0.103116 which explains any ship that called any port in the Black Sea Region could be 10% detained after inspected by PSO. Also, each intermediate event-calculated frequency enlightens the probabilities of nonconformities of ships. Although those deficiencies show structural safety and security nonconformities, those probabilities also prove us that management side of the ships are not enough to manage and apply a safety culture. By the light of that, ship owners/managers could see the general nonconformities according to regional records and could manage their fleet and each ship as per those necessities.
Research limitations/implications
In the light of the above analysis, the future research on this subject could be studied on other regions which might enable a benchmark opportunity to users. Also, insurance underwriters have their own reports and publications that could clarify different points of view for merchant mariners and regulators. In this research, FTA is used as a main method to figure out the root causes of the detentions. For future researches, different qualitative and quantitative methods could be used under the direction of subjects.
Practical implications
Detention frequency of inspected ships detected as 0.103116 which explains any ship that called any port in the Black Sea Region could be 10% detained after inspected by PSO. Also, each intermediate event-calculated frequency enlightens the probabilities of nonconformities of ships. Although those deficiencies show structural safety and security nonconformities, those probabilities also prove us that management side of the ships are not enough to manage and apply safety culture. By the light of that, ship owners/managers could see the general nonconformities according to regional records and could manage their fleet and each ship as per those necessities.
Social implications
With the nature of carriage, shipping business carry out its essential economic attendance in world trade system via inclusion in national and international transportation. As a catalyst in international trade, shipping itself enables time, place and economic benefits to users (Bosneagu, Coca and Sorescu, 2015). Social and institutional pressures generate shipping industry as one of the most regulated global industries which creates high complexity. Industry evolved to multi-directional structure ranges from international conventions (IMO and ILO) to “supra-national interferences” (EU directives), to regional guidance (MoUs) to national laws (flag states). Ship operators endeavor to adopt/fit its industry environment where rules are obvious. With adaptation of industrial environment, ship operators are able to create an important core competency.
Originality/value
This study enlightens the most recorded deficiencies and analyzed them with the help of fault three method. These calculated frequencies/probabilities show the most seen nonconformities and the root causes of detentions in the Black Sea Region in which those results will be benefited strategically that enables a holistic point of view that guide the owners/managers, charterers/sellers/shippers, classification societies, marine insurance underwriters, ship investors, third parties, rule makers and the controllers of the system to apply safety culture.
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The birth of the African Capacity Building Foundation on February 9, 1991, was the culmination of intense efforts and groundbreaking commitment to capacity building in Africa by…
Abstract
The birth of the African Capacity Building Foundation on February 9, 1991, was the culmination of intense efforts and groundbreaking commitment to capacity building in Africa by Africa Governors of the World Bank, the Bank itself and the cofounding Institutions ‐ the African Development Bank and the United Nations Development Program, as well as numerous other individuals. The successes chalked by ACBF towards attainment of its objectives have vindicated those who held the view that establishing an indigenous African institution, with focus on and commitment to the course of Africa’s development was the right course of action at the time. Twenty years on, ACBF has supported nearly 250 projects and programs in 44 African countries and committed more than US$400 million to build capacity on the continent. Projects and programs supported by the Foundation have drawn synergy with and complemented countless other activities of various development institutions operating on the Continent. ACBF’s support has been crucial in the building of development capacity in Africa, whether in ministries of finance and economic planning or central banks. For many among us who dedicated to this initiative and worked towards its realization, we remain humbled by the opportunity to witness the twentieth anniversary of ACBF.
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Osamuyimen Egbon, Uwafiokun Idemudia and Kenneth Amaeshi
The purpose of this paper is to examine whether Shell Nigeria’s Global Memorandum of Understanding (GMoU) promotes corporate-community accountability as a basis for fostering…
Abstract
Purpose
The purpose of this paper is to examine whether Shell Nigeria’s Global Memorandum of Understanding (GMoU) promotes corporate-community accountability as a basis for fostering sustainable community development in the Niger Delta.
Design/methodology/approach
Shell Nigeria’s GMoU stand-alone reports were analysed through the lenses of accountability and transparency theoretical frameworks to explore the extent to which GMoU, as a corporate social responsibility (CSR) initiative, is dialogically embedded and practised. Meaning-oriented content analysis was deductively used to isolate pertinent themes and generate findings from the background theoretical literature.
Findings
The authors find that Shell discursively appropriates the meaning of accountability and transparency in a manner that allows it to maintain its social legitimacy and the asymmetric power relations between itself and host communities whilst restricting communities’ agency to hold it accountable. Shell does this by interpreting the notion of participation restrictively, selectively deploying the concept of transparency and accountability and subtly exerting excessive control over the GMoU. Thus, the GMoU’s potential to contribute to sustainable community development and positive corporate-community relation is unlikely tenable.
Originality/value
Accountability and transparency are core and critical to corporate-community relations and for achieving community development CSR objectives, but are often taken for granted or ignored in the CSR literature on the Niger Delta of Nigeria. This paper addresses this gap in the literature by using accountability and transparency lenses to unpick GMoU model and contribute to studies on CSR practices by oil multinational corporations (MNCs) in developing countries. Indeed, the use of these lenses to explore CSR process offers new insights as to why CSR practices have failed to contribute to sustainable community development despite increased community spending by oil MNCs.
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The purpose of this study is to examine the odious debt concept in Greece. In Greece, the odious debt concept received high attention during recent financial crisis and Greek or…
Abstract
Purpose
The purpose of this study is to examine the odious debt concept in Greece. In Greece, the odious debt concept received high attention during recent financial crisis and Greek or Hellenic Parliament decided to establish a Special Committee.
Design/methodology/approach
The Greek Parliament Truth Committee on Public Debt investigated the public debt in Greece, and the main findings are: increase of debt was related to the growth in interest payments, high public spending in defence expenditures associated with corruption scandals, falsification of public deficit and debt statistical data and illicit capital outflows and adopting the euro led to a drastic increase in private debt.
Findings
Based on above the third Memoranda of Understanding (MoU) and the August 2015 loan agreement, according to Greek Parliament Truth Committee on Public Debt are illegal, illegitimate and odious because they fail to recognize the odious character of Greece’s existing debt, and the nature of the instruments by which this debt was financed from 2010 until early 2015. The Third MoU and the August 2015 loan agreement violate the fundamental human rights of the Greek people (both civil and political as well as socio-economic rights) as set out in the Greek Constitution and under international law (treaty-based and customary).
Research limitations/implications
On the other side of results, Greece was a democratic regime during the time it contracted the vast majority of its loans and membership into the Eurozone, which benefitted country by gaining the highly low interest rates that euro currency involved. Also, substantial borrowing for Greece spent directly on the people via social welfare and public sector wages and infrastructure development.
Practical implications
Therefore, Greece, instead of the odious debt doctrine, should resort to other debt solutions such as simple debt repayment, restructuring or “haircut” of the debt (principal and interest) or declare bankruptcy without invoking the odious debt doctrine. Although this recourse avoids the dangerous precedent-setting risks of the odious debt doctrine, it also involves numerous other complexities and policy problems because with default, the banking system would collapse.
Originality/value
It is the first study examining the topic of odious public debt in Greece.
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Michael Gleason, Lauren Edelman and Ryan Kelly
Over the last twelve years, an innovative community engagement practice has immersed undergraduate students enrolled in a 300-level leadership course in adaptive leadership by…
Abstract
Over the last twelve years, an innovative community engagement practice has immersed undergraduate students enrolled in a 300-level leadership course in adaptive leadership by giving them power to make progress on complex challenges at the local level. This unique partnership between a university, donors, and a local United Way, makes students equal partners in awarding and distributing up to $10,000 per year to local organizations seeking to meet a complex community need. Within a framework detailed in a Memorandum of Understanding established among the three partners, students create a request for proposals (RFP), distribute RFPs, review proposals, visit sites, and determine which priorities to fund that are in alignment with both the donors’ and United Way’s vision. The experience culminates in a formal recommendation to the United Way Board of Directors and the donors for approval and allocation of funds. Throughout the process, the President/ CEO of the United Way, the instructors of the course, and the donors mentor the students directly. A preliminary study exploring the student learning outcomes for past program participants found positive outcomes related to community involvement, teamwork, civic engagement, and critical thinking.
The purpose of this paper is to explain a comprehensive memorandum of understanding (MOU) between the SEC and BaFin designed to facilitate their supervision of internationally…
Abstract
Purpose
The purpose of this paper is to explain a comprehensive memorandum of understanding (MOU) between the SEC and BaFin designed to facilitate their supervision of internationally active firms and their oversight of markets.
Design/methodology/approach
The paper explains the scope of supervisory consultation, cooperation, and exchange of information relating to firms, related entities, and dual‐regulated entities; describes procedures for on‐site visits of regulated entities and dual‐regulated entities; discusses the intended framework for cooperation with regard to affiliated markets; explains how requests for assistance should be executed; outlines permissible uses and procedures for requesting confidential information; and discusses the possible gathering of information under the auspices of the MOU for enforcement purposes.
Findings
The paper finds that the MOU sets forth the terms and conditions for the sharing of information about regulated entities and financial groups that operate in the USA and Germany and, in view of the growing trend toward cross‐border exchange affiliations, outlines a framework for cooperation in the oversight of markets in both countries.
Originality/value
The paper provides a practical insight from an experienced lawyer who is an expert in German and cross‐border securities regulations.
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The paper seeks to address the problems facing securities regulators arising from the internationalisation of markets by considering the efficacy of three means of effecting…
Abstract
The paper seeks to address the problems facing securities regulators arising from the internationalisation of markets by considering the efficacy of three means of effecting international uniformity or harmonisation of the substantive rules of law for securities and their enforcement. These are multilateral arrangements, bilateral arrangements and mutual recognition and harmonisation of securities laws. In doing so, the paper examines a number of current arrangements for international cooperation on securities regulation and enforcement, in particular Australia's use of MOUs and its adaptation of the Corporations Law.