Is
COTED working for Guyana? Even with all the talk of a single
economy for Caricom, some members still put their own countries' interests
firmly before those of the region. Trinidad imports wood from the
United States, sugar from Brazil and rice from the Far East. All of these
are available in sufficient amounts from member states of CARICOM. But in
the case of the first two items Trinidad has managed to get a CET waiver
on some of their extra regional imports. These waivers and many more have
been granted by the Council for Trade and Economic Development (COTED). In
fact along with Jamaica, Trinidad has accounted for the vast majority of
trade exemptions over the years at the expense of producer countries
including Guyana. Is Guyana getting the short end of the CARICOM stick?
Article 83 of the Revised Treaty of Chaguaramas sets out the conditions
whereby the CET can be reduced or suspended: 1. Any alteration or
suspension of the Common External Tariff on any item shall be decided by
COTED. 2. Where: (a) a product is not being produced in the Community; (b)
the quantity of the product being produced in the Community does not
satisfy the demand of the Community; or c) the quality of the product
being produced in the Community is below the Community standard or a
standard the use of which is authorised by COTED. COTED may decide to
authorise the reduction or suspension of the Common External Tariff in
respect of imports of that product subject to such terms and conditions as
it may decide, provided that in no case shall the product imported from
third States be accorded more favourable treatment than similar products
produced in the Member States. 3. The authority referred to in paragraph 2
to suspend the Common External Tariff may be exercised by the
Secretary-General on behalf of COTED during any period between meetings of
COTED. Any exercise of such authority by the Secretary-General shall
be reported to the next meeting of COTED." ..... Where there is an
interruption or inadequacy of supplies of regional materials and the
manufacturer of goods, for which the qualifying condition for Community
origin is that of "wholly produced" or "produced from regional materials",
is unable by reason of circumstances beyond his control to obtain supplies
of the regional materials, he shall so inform the competent authority. The
competent authority shall: (a) after receipt of information from the
manufacturer; cause investigations to be made into the matter, and if he
is satisfied that the representation from the manufacturer is justified,
submit to the Secretary-General in the prescribed instrument an
application for a certificate provided for in this Article; (b) at the
time of making the application, inform the other Member States of the
inability of the manufacturer to obtain the supplies of the required
materials from within the Community with respect to quantities and
specifications of the materials sought and the period during which the
materials are required. 5. The Secretary-General shall, on receipt of
the application from the competent authority: (a) forthwith make the
relevant enquiries by the quickest possible means from the competent
authorities in the other Member States as to their ability to supply the
materials required by the manufacturer; and (b) request a reply to the
enquiry from each competent authority within seven calendar days of the
dispatch of his enquiry. 6. A competent authority shall reply to the
enquiry referred to in paragraph 5 within the time specified.
Where the Secretary-General, on the basis of his investigations, is
satisfied that the application received from the competent authority
justifies favourable consideration, he shall, notwithstanding that he may
not have received a reply to his enquiry from one or more Member States,
within fourteen calendar days after the receipt of the application from
the competent authority, issue, on behalf of COTED, a certificate to the
competent authority authorising the use of like materials from outside the
Community, subject to such conditions as he may think fit to impose. 8.
The Secretary-General shall inform the Member States of the issue of his
certificate, including any conditions attaching thereto and that
notwithstanding anything to the contrary in the provisions of this
Article, goods manufactured from like materials imported from outside the
Community shall be deemed to be of Community origin." In other words
suspensions are granted in a relatively short period of time and not with
the unanimous approval of COTED. This is understandable given the needs of
manufacturers but requests can be excessive with some countries being
granted 50 or more waivers per year. Meanwhile proposals which would go a
long way in protecting local industries take much longer and require
consensus amongst CARICOM members. Part of the problem for Guyana is
that along with Suriname and Belize it is the only net food exporter in
the region and as such their objectives of accessing profitable markets
for their products are not in line with the other member states who want
cheap and reliable supplies for final consumption or as manufacturing
inputs. Take for example rice a staple for the region's most poor and in
many countries a politically sensitive issue when it comes to price. With
world prices at all time lows rice can now be imported from the Far East
at upwards of $175 per MT and even with the 25% CET it still works out
cheaper than Guyana's price of $275 per MT. The same applies to sugar,
and Trinidad has over the years used unfounded excuses about Guyana's
quality as grounds for importing from outside of the region. Even with the
40% CET, prices would be lower than Guysuco's cost of production.
Trinidad's often used argument for claiming various waivers is that
they are on a higher level of development than others in the region and
need better quality products at cheaper prices for their substantial
manufacturing base. Indeed Trinidad is an economic giant albeit it in
small regional fish bowl, accounting for 42% of all intra regional exports
excluding oil. Meanwhile it actually reduced its imports of regional goods
during the nineties to only 14% of total imports. In 1998 it had a trade
surplus with CARICOM members of US$632m and was exporting 8 times more to
Guyana than what it was importing. Some of this success has of course
come from its progressive trade policies and its reliance on cheap
electricity for its manufacturing sector. But in part it has managed to
use COTED to its own advantage at the expense of the development of intra
regional trade and the industries in other member countries. Take the
issue of lumber. Trinidad applied and got a waiver to import southern
yellow pine from the United States despite remonstrations by Guyana that
it could provide a good substitute. It is also felt that Trinidad
exaggerates the quantities it needs in order to show that the region
cannot meet its demands. Many have expressed impatience at these waivers
and have suggested it is time Guyana and other members start applying for
their own waivers at the expense of Trinidad. Meanwhile Guyana still
struggles to get its commodities accepted in the region and in some
respects is the odd man out at the COTED table. This is not for lack of
trying. In recent times Guyana has become better prepared for the
meetings. It has also been a model member of CARICOM ratifying all
protocols which will go towards the creation of the CSME. But there are
some processes in COTED which continue to present problems to any country
wanting to have issues heard and resolved. COTED only meets twice or three
times a year something many believe is too infrequent. This has two
effects. There are too many items on the agenda. The agenda might consist
of eleven issues but within this are large and complex items such as the
CET , the development of the CSME and international negotiations .It often
results that items proposed by individual states get scant attention in
the two day forum and are postponed for another four to six months.
Another problem is that papers related to the agenda items are often
delivered too close to the date of the meeting for all the participants to
study them and have internal discussions. This is partly a fault of those
member states making the proposals in not delivering on time the documents
to CARICOM and the slow pace of the overburdened Caricom Secretariat in
then distributing them to the member countries. It is also pure logistics
, as all papers have to be distributed in hard copy to all 14 members
.This is a big issue for more far flung countries such as Belize and
Jamaica . But these delays also give members who may be opposed to a
particular issue the ideal excuse of saying they did not receive the
papers in time and as such they did not have the opportunity to discuss
the issue properly. This results in another postponement. Sometimes the
agenda changes close to the time of the meeting and delegates have no time
to prepare or study late arriving or even non-existent documents. COTED
also emphasises unanimity on important issues thus giving the advantage to
those in the opposition .Guyana for example has been proposing an increase
in the CET for rice as a result of the low world price for the last three
crops . But to date there has been no decision made. The Barbados
Ambassador to CARICOM walked out of the 11th COTED meeting complaining of
back pains thus scotching any discussion on the safeguard mechanism.
GUYSUCO wants the CET on sugar to go to the maximum bound rate of 100% but
it appears unlikely this will happen anytime soon . As such CARICOM is a
marginal market for Guyana's sugar despite being the most efficient
producer in the region barring Belize. Guyana still plugs away with its
various agendas and the Ministry of Foreign Trade prepares for the
meetings well ahead of time by holding consultations with private sector
bodies and other ministries. But it may be that the private sector needs
to play a more active role as part of delegations, something which occurs
in other states. Meanwhile there is still the impression that Guyana is
being outmanoeuvred by various alliances in CARICOM. In fact an
independent observer noted that it seemed at times Guyana was being picked
upon offering the parallel situation where Guyanese are being hassled at
Barbados airport. What is clear is that it is easier to get a CET
waiver than to have a proposal adopted. Are the members of CARICOM
really following the spirit of the Treaty of Chaguaramas whose first three
principles are to improve standards of living and work; full employment of
labour and other factors of production; accelerated, co-ordinated and
sustained economic development and convergence? By all accounts ministers
at COTED meetings certainly put the needs of their constituents ahead of
the overall needs of the region. This is nothing but the realities of
politics and is common practice in all regional organisations. It is
certainly hard to sell a decision which may hurt the citizens of your
country and by extension the chances of being re-elected. . Interestingly
it was noted however at the last COTED meeting that Trinidad was not its
normal vocal self and on some issues had become more conciliatory, the
reason being that the present government might have been trying to
cultivate support from other CARICOM members. While relations at the
level of officials are quite pragmatic, personalities can clash when the
ministers meet to discuss the recommendations. It can come down to
debating skills and sheer powers of persuasion in a competitive
environment which should finally end in agreements all can be happy with.
But the question that should be asked is if this apparent lack of
commitment by some members to intra regional sourcing of products and
developing indigenous industries continues, what will happen when the
juggernaut of the FTAA comes along? Cohesion in negotiations with the
other alliances in the Americas will be essential if the Caribbean is
going to receive concessions related to tariff levels. The CSME which
should have been in place by 1998 will only be fully operational in the
next year at the earliest. It is often pointed out that the European Union
took a long time to come into being but the small economies of the region
are far more vulnerable and at a time when the pressure for free trade is
increasing. CARICOM officials say the CSME will give the region's
industries two years to take advantage of the free movement of skills and
resources and access to each other's markets along with the supposed
economies of scale before the FTAA comes in to effect in 2005 . The hope
is that the huge hike in U.S . farm subsidies, is now giving some other
countries pause as to whether they are so keen on a free trade area after
all.
COTED and Rice Guyana has proposed a safeguard
mechanism which will look to increase the CET from 25% to 40% on rice
dependent on the price on the world market . This would help to ensure the
viability of the region's industry. With Guyana's CIF price to Jamaica
of $270 per MT, imports from the United States remain competitive at $200
per MT FOB .
Guyana has been pushing for the increase for a year and a half meeting
resistance from Trinidad and Jamaica who cite the needs of their
consumers. Jamaica imports 35,000 MT from external sources and Guyana
exports the remaining 50,000 tonnes. Trinidad imports extra regionally
20,000MT out of a total demand of 37,000MT . Both countries are now asking
for some assessment of how the mechanism would affect consumers in the
region. The issue of Jamaican imports of paddy duty free from the U.S.
remains unresolved . At the Special Working Group on the Development of
the Caricom Rice Industry held in Suriname in late April the meeting was
informed that COTED had reinserted paddy on the list of ineligibles ( it
had reportedly been inadvertently left off ) but that special conditions
were granted to two companies which were operating in Jamaica prior to the
decision . These two mills Grains Jamaica has since closed down and
Jamaica Rice Milling Co was sold along with its licence to the Jamaican
Flour Milling Co. While the flour company is not equipped to process paddy
it could be made operational quite quickly and with its location in
Kingston would present a formidable competitor to Guyanese imports. In the
meantime the mill has reportedly placed orders for monthly shipments of
5,000MT of U.S. white rice which would threaten Guyanese exporters who
have enjoyed penetration into the market in recent months. To date sales
for this year have been 22,500MT and could reach 70-80,000 MT by year end.
The CARICOM Secretary General has now been asked to mediate between Guyana
and Jamaica on the issue of the paddy waiver. The Rice Monitoring
Mechanism was passed by the 13th COTED and it is now up to the member
states to start providing information on rice traded externally and within
the region. This would include quantity of shipments, origin, value and
type of rice along with all duties imposed. Reports are expected to be
submitted half yearly. For Guyana this would go some way in tracking extra
regional imports which Foreign Trade Minister Clement Rohee had suggested
might be arriving without the proper application of the CET. It is noted
that the Trinidad and Tobago Customs Administration did not support such a
mechanism and was invited to circulate a memorandum on its position but
this objection was later withdrawn. Meanwhile members have until
October to adopt the regional rice standards, an issue which was objected
to by Jamaica which complained that the percentage of broken rice in
Guyanese exports exceeded their standard requirement. Rice exporters from
Guyana, on the other hand, argue that the Jamaicans are applying standards
based on their own national interpretation of the regional standards set
by CARICOM.
COTED and Sugar As with rice Guyana is now
pushing for an increase of the CET from 40% to 100%, the maximum rate
allowed under WTO regulations. This comes at a time when world prices are
at record lows of around 5 cents per lb and tariffs in many other
countries are being increased. At the last COTED the proposal was "noted"
but many countries said they needed to discuss the matter internally. The
proposal actually came from the Sugar Association of the Caribbean whose
members are from many of the same countries who said the issue needed
further discussion! Despite the obvious urgency it looks for all intents
and purposes that this will be a long process dragged out over a number of
COTED meetings until some consensus is reached. Also discussed at the 13th
COTED was the perennial issue of Trinidad's concession on extra regional
imports. Last year they received a 23,000MT waiver for use in their
industry's refinery. This year it is down to 9000MT and the remaining
22,000MT of the refinery's needs will come from Guyana and Belize. What
needs to be clarified is that Trinidad's refinery is in such poor shape
that it cannot process raw sugar. As such it needs to mix the raw product
with almost completely refined Brazilian sugar. Trinidad has made a
commitment that this is the last year it will ask for a waiver. But it is
not yet apparent improvements to the refinery will be made so that it can
accept Guyana's product about which there are no quality issues. What
is important in the long term is the establishment of a refinery as part
of the Skeldon project. This would allow for the placement of a CET on
refined sugar coming into the region on the grounds that the industry
could meet 75% of the region's needs.
COTED and the Partial
Scope Agreement Despite the awful ruckus the Brazil Guyana trade
agreement caused at COTED earlier this year , it is now in place although
not too many importers know about it. On February 19th the Minister of
Finance wrote to the Guyana Revenue Authority granting "remission on the
items listed in the agreement with the exception of goods or items of
specific concern to COTED." These included items on the list of ineligible
products and others which would effect treaties between Caricom, Cuba and
the Dominican Republic. But to date few importers have taken advantage of
the remission which covers some 800 items and presents opportunities for
cheaper consumer goods and inputs. Demerara Shipping Ltd which was running
a regular service between Belem and Georgetown has suspended the service.
However one importer is importing truck tyres duty free from Brazil. Cheap
imports thanks to the devalued reais are available from southern Brazil
even with shipping rates out of Sao Paulo being quite high at $3600 for a
40ft container. The agreement with Brazil, an industrial and
agricultural giant, is being viewed dimly by Caricom not least because
Guyana with little manufacturing is a lucrative market for CARICOM
producers and they see Brazil trying to muscle in on the action. The idea
floated by Guyana that it could be the gateway to Brazil for CARICOM
products, is probably outweighed by the real threat that Brazil could
easily swamp CARICOM manufacturers. In some ways the Partial Scope
Agreement could be seen as an expression of frustration by Guyana that it
continues to struggle to have its exports accepted in the region. Brazil
presents opportunities for cheaper imports which might include raw
materials and offers access to Northern Brazil with a population larger
than Caricom's 6M.
Introduction This is another in the series
by leading businessman on the future of business in Guyana. Dr. Peter de
Groot is the CEO of Fairfield Rice Inc. The changing face of business in
Guyana The way we do business in Guyana and in fact the world
over is changing rapidly in the face of globalization and trade
liberalization. Gone are the days when we can do business the way our
grandparents did it, catering only for the domestic market and continue to
be successful. While I would refer to business in general, due to my
experience in the rice industry, I will use examples from this industry to
illustrate my points, although they are many similar examples in all the
economic sectors in Guyana. In the past and to a great extent today,
most of the private sector business activity in Guyana is not operated in
a controlled manner, with a formal management structure and regular
financial accountability. Most companies are privately owned and operated,
with a large percentage being sole traders, with no established share
capital. This type of business activity, while being successful in the
past, does not lend itself well to easily adapt to the changing economic
environment in which we are forced to operate today. In the rice
industry for example, all farms and most milling operations are privately
owned and operated mostly as sole traders. In a case of a farmer, whose
ancestors four generations ago had 1,000 acres of land - they would not
have traditionally formed a company with established share capital and
therefore they would divide up the acreage between each subsequent
generation. After this division would have passed through a few
generations, the individual whose great grandfather had 1,000 acres of
rice land, would end up with probably less than 25 acres, which he can no
longer profitably cultivate. If his great grandfather had however
established a company with established share capital and given his
children shares, then four generations later the company would probably
still be intact with a few members being paid to cultivate the 1,000
acres, while the others could be gainfully employed elsewhere. But all
would benefit from their share of the profits generated from profitably
cultivating the 1,000 acres. Since we have a relatively small
population and therefore a very small local market available for the goods
we produce, if we are to be successful competing in this new globalized
world we must also produce for the export market. In so doing we will
encounter severe international competition from producers in other
countries who have large domestic markets and who have already developed
large capacities and thus benefit from serious economies of scale.
Therefore, in order for us to be able to be truly internationally
competitive, we have to be willing and able to form strategic alliances
that will enable us in the relatively short term to seriously increase our
productive capacity and efficiency, thereby considerably lowering our unit
cost of production. These strategic alliances should allow us to benefit
from equity capital, access to long term, low cost financing, technical
expertise and a significant experience operating in the international
market. Since most of our local companies have a very low debt to
equity ratio (most of the financing used by local companies to-date is
short term, high interest bank loans) then an essential element of any
successful expansion program has to involve some form of equity
partnership. Unfortunately in Guyana we have a culture ingrained in our
society where we want to be the Kings of our own Empires - to own 100% of
what we have - and to maintain this status quo at all costs. In order to
do this and also undertake the necessary investment in infrastructure to
expand our businesses, we borrow from our local commercial banking sector,
which only has available short term, high interest loan financing. We soon
find ourselves working for the banks, as all the profits generated, and
then some, go to repaying our loans. In these cases, we end up owning 100%
of nothing, rather than a lower percentage of something. When we
compete in international markets we come face to face with competitors who
have access to long term (10 - 25 years) lower interest (3 - 6%) financing
that they have used to develop their businesses. We therefore have to
attempt to get the same level of financing for our businesses. So in
forming our strategic alliances we must take careful consideration of the
availability of long term financing, at internationally competitive
interest rates. Access to the latest production technologies and
technical expertise is also of utmost importance, since most of our
productive capacity is outdated and antiquated. This expertise should not
only be used to develop the productive capacities of our expanding
operations, but also to adequately train our personnel. This should also
not be limited to our physical infrastructure, but should be used to
develop our intellectual capacity, especially in the area of financial
management and accountability. Finally one of the most costly aspects
of successfully entering and competing internationally is marketing. It is
relatively easy to market bulk commodities (bulk rice or sugar, etc.), but
in doing so one is in direct competition with all the heavily subsidised
low cost sellers and in most, if not all cases we are unable to
compete. In order to over come this, we have to produce a specialized
product that only we are unique for - 'extra long grain rice', 'real
Demerara sugar', etc. - and develop brand names for these products.
However, it is almost impossible for small local companies to be able to
successfully go this route on an international scale, it is just too
costly. It is therefore absolutely necessary that we attempt to form
the strategic alliances with local or international companies who have the
necessary available financing, technical and marketing expertise and
international networks to successfully market our brand name products
worldwide.
FREE TRADE VS. FAIR TRADE Now that I have
convinced everyone that because of the small size of our domestic market
that we have to produce for export, competing on the international market
is far from easy. There is no such thing as a level playing field and
although it is supposed to become more level as the process of
globalization progresses, this is far from the reality. Competing on a
global scale is like a hurdle race with a difference - the weakest
athletes face the highest hurdles. Unfortunately many Guyanese
companies who do not presently export are lulled into a false sense of
security by believing that they will escape the forces of globalization
and trade liberalization. One only needs to take the hypothetical
example of a local shoe manufacturer who produced quite successfully only
for the local market, because there was no outside competition. A few
years later when we started to reduce our own barriers to trade and
allowed the importation of shoes, this company was ill prepared to face
the international competition because he had outdated technologies and
could not benefit from serious economies of scale. Had they been able to
form a strategic alliance with an internationally recognized shoe
manufacturer, the outcome of this saga may have been different.
Although this hypothetical company did not attempt to compete on the
global market, the process of globalization and trade liberalization that
continues to make Guyana part of the global market place destroyed him
right here on his home turf. All of us, whether we are into retail sales
or poultry production, etc. will be faced with this challenge sooner than
later. The unfortunate reality of trading in the globalized world of
the early twenty-first century is that while rich countries keep their
markets closed, poor countries have been continuously pressurised by the
IMF and the World Bank to open their markets at breakneck speed, often
with severe consequences for poor countries like ourselves. These
unfair trading practices combined with large agricultural subsidization
will be the downfall of most of our agriculturally based business
enterprises unless we start, fairly soon, to improve market access for
poor countries, end the cycle of subsidized agricultural over production
and export dumping by rich countries and democratise the WTO to give poor
countries a stronger voice. While the US and EU, using 'their' vehicle
in the form of the IMF and the World Bank, put pressure on poor countries
like ourselves to end subsidies for agriculture and industry and to open
our markets to their products, they at the same time prevent us from
selling in their markets and spend billions subsidizing their own
agricultural production. This generates low priced surpluses of products,
which they in turn dump on poor countries - pushing down the prices on
both local and international markets and putting many poor farmers out of
business. Their outstanding ability to practice the opposite of what
they preach to poor countries places both the US and the EU at the top of
the double standards list. Nowhere are the double standards of these two
super-powers more apparent than in agriculture. Total subsidies to
domestic farmers in these rich countries amount to more than $1 billion a
day. Only recently while the supporters of globalisation were telling
us that agricultural subsidies in developed countries would gradually be
reduced, the US recently passed another farm bill, which will steer
billions of additional dollars in subsidies to US farmers, as a complete
reversal of its commitment to free trade. The internationally
recognized United Kingdom based development agency, Oxfam has listed some
interesting examples of how these unfair trading practices and heavy
agricultural subsidization have totally ruined entire sectors in poor,
developing countries. The best example of this is the rice industry in
Haiti. Oxfam reports that "at the start of the 1980's, Haiti produced
almost all of its own rice, but pressure from the international community
- from the USA in particular - forced Haiti to open up its markets to
foreign imports. As a result, Haiti has been flooded by cheap subsidized
rice from the USA. This has driven down the price of local rice, with
appalling consequences for the people - one fifth of Haiti's population -
who rely on rice production for a living". It certainly is ironic that
Haiti is the poorest country in the western hemisphere, while the USA is
the richest country in the world. While Oxfam lists many more examples
of the dumping of subsidized agricultural production that devastated local
producers - EU's beet sugar effects on cane sugar producers like
Mozambique, USA's corn on corn producers in Mexico and Europe's cheap milk
powder effects on the Jamaican Dairy Industry, to name a few - I like the
Haitian rice example because our own rice industry can go a very similar
route very soon, if the USA continues its heavy agricultural subsidization
program indefinitely. Although we can produce rice cheaper in Guyana than
they can in the USA we are forced to increasingly compete with very cheap
subsidised US rice within our own Caricom Community. As I said before
cheap US rice now dominates the Haitian market and while we successfully
competed there, three to four years ago (Guyana exported 22,043 &
21,278 metric tons in 1997 & 1999 to Haiti), we can no longer compete
there today. While we have exported approximately 50,000 metric tons
(55-60% of the Jamaican Market) of our rice to Jamaica during the past
four years, cheap US rice imports (at US$275-280 per metric ton) now
seriously threatens our exports (at US$310-315 per metric ton) to our
largest single market. A similar situation already affects the
parboiled rice market in Trinidad. Although our industry continues to
lobby fiercely to protect our regional markets, if our Caricom Governments
continue to bow to the pressure of the IMF and World Bank and continue to
open our markets to products from rich countries, who heavily subsidise
their agriculture and industry and also keep their markets relatively
closed, we will soon be a region of Haitis, whose future existence will
depend on international aid or a den of terrorism like Afghanistan,
exporting terror to the developed world. Dr. Peter de Groot is the
CEO of Fairfield Rice Inc. - a miller and exporter of Guyana's rice and
Fairfield Investments Limited - paddy and poultry producers. He served as
Chairman of the Guyana Rice Millers & Exporters Development
Association from 1998 to 2001 and as a Director of the Guyana Rice
Development Board for five years, the last year (2000-2001) as
Vice-Chairman. He is presently the Vice-Chairman of the Private Sector
Commission, a position he also held in 1997-1998. He is also the Chairman
of the Guyana Training Agency - a technical and vocational training agency
sponsored by the European Union and executed by the Private Sector
Commission.
What
is a Trademark? A trademark, or "mark," is any word, phrase,
symbol or design, adopted and used by a company to identify its products
or services, and distinguish them from products and services sold by
others. A trademark is an exclusive right, which means that it gives its
holder the right to exclude others from using the mark. As the main aim of
trademark law is to prevent unfair competition, the exclusive right is
restricted to use in commerce. The primary purpose of marks is to
prevent consumers from becoming confused about the source or origin of a
product or service. Marks help consumers answer the questions: "Who makes
this product?," and, "Who provides this service?" Counterfeiting
famous trademarked products is big business. Many people would like to
have a Rolex watch or designer clothing, so if you can make a copy that
almost exactly resembles the original and you are able to sell it at a
slightly lower price, you can make a very big profit. For example in
Guyana designer brand clothing and footwear are regularly passed off as
genuine items.
The main criterion here is whether the name of the product is
confusingly similar to the trademark. If they are, then potential buyers
might accidentally buy the wrong product, and that is exactly the kind of
situation that trademark law is designed to prevent. Similarity in itself
is not sufficient, the trademark holder must prove that there is a chance
of confusion. Two products are considered similar if the public would be
of the opinion that the services or goods in question are of the same
company or of economically linked companies. For example the public would
not normally expect a company that makes cameras to also sell potatoes. A
potato distributor could therefore use the trademark Kodak for his
potatoes, without the photo company being able to do anything about
it. As consumers become familiar with particular marks, and the goods
or services they represent, marks can acquire a "secondary meaning," as
indicators of quality. Thus, established marks help consumers answer
another question: "Is this product or service a good one to purchase?" For
this reason, the well-known marks of reputable companies are valuable
business assets, worthy of nurturing and protection. The law governing
marks essentially is consistent, regardless of the kind of product or
service identified, or the nature or appearance of the mark employed.
However, marks often are categorized according to the type of
identification involved. The most commonly encountered categories are
trademarks, service marks, and trade dress. Trade names are not marks,
although a trademark owner should know something about
them.
Trademarks A trademark is a type of mark.
Traditionally, the term, "trademark," described only marks designating
products, or "goods" (as opposed to services). Increasingly, however, the
word is used to describe any type of mark, not just traditional
"trademarks."
Service Marks A service mark is another
type of mark. Service marks indicate the source or origin of services (as
opposed to goods). For all practical purposes, trademarks and service
marks are subject to the same rules of validity, use, protection, and
infringement.
Trade Dress Trade dress also is a type of
mark. "Trade dress" refers to the overall image or impression of a product
(the product's "look," and "feel"), and/or the way in which the product is
packaged and presented to consumers. Generally, only those elements of a
product which are nonfunctional (as opposed to functional elements, such
as shrink-wrap, or a plain cardboard box); which have acquired a secondary
meaning, and which inform consumers about a product's source, are
considered protectible product trade dress. Any company in Guyana can
apply for a trademark for its product Banks DIH, DDL, Sterling and
Continental regularly apply for trademarks for their goods and protect
them vigorously. A recent case saw Sterling getting an order stopping
Continental from using the words Baker's Pride on baking powder since
Sterling had registered the trademark since the 1950's . This "Anton
Pillar" order entitled Sterling to enter Continental's premises and
seize any labels with the offending words. To register a trademark,
the applicant typically sends in a form indicating the trademark (for
example the word or words that should be protected, or a picture of the
logo that should be protected) and the goods or services for which the
protection is desired. These goods and services must be indicated using
the classes. By referring to these class numbers, it is clear to everybody
what the trademark protects. The Registrar of Trademarks checks the
register with earlier trademarks to see if there are possible conflicts,
and also evaluates whether the trademark is distinctive for the goods and
services indicated. This is examined by the registrar of trademarks who is
then tasked with looking through the huge volumes of existing marks to see
if the new application is in conflict with any of them. The registrar
would also take out various words with common usage. So the word bread as
in "Bakewell Bread" would not be included. Neither can you register a town
or country's name, nor put claims which might be laudatory as in Best Ice
Cream. If the mark is accepted it is eventually published in the Official
Gazette and people have 30 days to make objections. Barring any such
development a certificate of registration is then issued. Trademarks are
issued for seven years and renewable for 14 years thereafter. The Registry
is supposed to issue notices when a trademark lapses but this is currently
not being performed. It is a pretty straightforward procedure but in
Guyana it often takes an inordinate length of time with a reported backlog
of 4 years .The trademark for Diet Pepsi was applied for in 1992. A recent
Gazette advertised an application for Buzz Off, an insecticide produced by
Twins Manufacturing Chemists to protect the name and logo. This was first
applied for on September 16th 1998.This is in part because there is not
the staff in the relevant department to do the work and because it is done
manually despite the fact that the World Intellectual Property
Organization (WIPO) donated computer equipment to the department a few
years ago. Computers would have put all the existing marks into a data
base. Trinidad has already done this and marks now take as little as three
months to be approved. In addition the facility allows registered patent
and trademark agents to perform quick searches, for a fee, before filing
an application. Priority is given on a first in time basis but while the
application is being considered, infringements cannot be contested leaving
companies open to years of exposure. There is however a category in
the act which allows companies or local agents selling products
internationally to enforce their trademarks here. Category C lets a
company automatically register a trademark here based on it already being
registered in the United Kingdom. The registration is then backdated to
its original registration in the United Kingdom thus taking precedence
over applications filed after that date. In a number of cases locally,
this has been used. Perhaps the most famous case here is the still ongoing
matter between Banks DIH and Pepsico Inc the parent company of Kentucky
Fried Chicken. Banks has been using the name Kentucky Fried Chicken since
the 1970's , but when KFC was established here Banks DIH moved to have it
registered . But Pepsico through its franchise holder Didco put in an
application citing the registration of the name in the United Kingdom.
There are a number of international watchdog agencies which monitor
official publications from countries worldwide looking for infringements
on behalf of companies. Locally the law firm of Cameron and Shepherd is
retained by a number of these agencies for this purpose. For example a
drinks manufacturer on the East Coast attempted to get a trademark for the
name "Tarzan". However this was brought to the attention of Edgar Rice
Burrowes Industries Inc and the application was subsequently denied. But a
case could be made that the owner of the well-known trademark could not
stop the adverse registration of that mark for different and quite
unrelated goods. United Artists producer of the popular series of Peter
Sellers "Pink Panther" films and owner of the Pink Panther cartoon
character was unable to stop another company Pink Panther Beauty
Corporation selling beauty products with the name PINK PANTHER .The court
held that because the applicant's mark did not appear with any design or
music, a reasonable average person would not confuse their proposed mark
with that of United Artists. As noted earlier trademarks also refer to
services. A few years ago Merrill Lynch a large stock broker in the United
States objected to Beharry Stockbrokers using the expression "We're
bullish on the market." Another facet of the issue is the stipulation
that trademarks are based on actual use or the intention to use. In other
words a company or person cannot simply take out a trademark if they are
not going to use it in some form of commerce. In Guyana there is a time
period of five years before the trademark expires for want of use.
Since trademarks are taken out nationally companies cannot rely on the
fact they do business in one country to give them protection in another no
matter how famous the goods or service might be. A U.S case highlights the
issues. Impressa Perosa opened its restaurant FASHION CAFÉ in Milan, Italy
in 1987 and registered the trademark FASHION CAFÉ in Italy in 1988.
Impressa never opened a restaurant in the U.S. and did not conduct any
formal advertising or public relations campaign in the U.S. Impressa's
principal, Giorgio Santambrogio, claimed that during visits to the U.S.,
he personally distributed "literally thousands of T-shirts, cards, and key
chains" with the FASHION CAFÉ name and logo on them to persons associated
with the modeling and fashion industry which entitled them to free meals
at the restaurant in Italy. But in 1993, Tommasso Buti opened a series
of FASHION CAFÉ restaurants in the U.S. After conducting a trademark
availability search, which did not reveal any prior use or registration of
FASHION CAFÉ in the U.S., Buti applied in 1995 to register FASHION CAFÉ
for restaurant services and clothing based on a bona fide intent to use
the mark. In 1994, Impressa learned of Buti's plans to open a Fashion Café
in New York City. Impressa applied to register the mark in the U.S. and
threatened litigation if Buti did not cease and desist using FASHION CAFÉ.
Buti responded by filing a suit requesting a declaratory judgment that
Impressa had no trademark rights in FASHION CAFÉ for restaurant services
and clothing in the United States. 78 The main issue was whether
Impressa's distribution in the U.S. of T-shirts, cards and key chains
constituted sufficient "use" of FASHION CAFÉ in commerce to merit
protection It was undisputed that Impressa rendered no restaurant
services, and operated no other business under the FASHION CAFÉ mark in
the U.S. The court cited well settled trademark legal principles
enunciated in United Drug, where the Supreme Court held that the right to
a particular mark grows out of its use, not its mere adoption; a mark's
function is to designate the source or origin of goods and to protect the
trademark owner's goodwill against the sale of another's product as his;
and it is not the subject of property rights, except as necessary to
prevent deception in the marketplace. The court held that mere
advertising or promotion of a mark in the U.S. is insufficient to
constitute "use" of the mark "in commerce," where that advertising or
promotion is unaccompanied by any actual rendering of services in the U.S.
or in commerce with the U.S. The court concluded there was insufficient
evidence in the record to show that Santambrogio's promotional activities
in the U.S. constituted trademark use of the FASHION CAFÉ name in
anticipation of the opening of a U.S. Fashion Café." Recent
developments in the European Union might undermine the use of the Category
C device in Guyana as companies can now be registered anywhere in Europe
and merely be annotated in the United Kingdom while enjoying protection
throughout the EU .As such the present law in Guyana could be questioned
if such a situation were to arise . Additionally the law needs to be
amended to reflect the emergence of the internet and the registering of
domain names.
Hermon and Sons Tailoring and Altering
Shop Hermon Bholaisingh was born in his parent's shop on a
cutting table and it would be fair to say he has known no other life but
that of tape measures and sewing machines. In fact he never got formal
training in the trade but simply learnt by watching his parents work- a
process of osmosis. His late father moved to the present location at
5-6 Lombard Street in 1954 and most of the building was unfortunately
burnt down only a few years later in the race riots of the early sixties .
The shop is now one of the remaining tailors in the area which is now
largely populated by hardware stores and wholesale outlets. The family
rebuilt after the fire and eventually Hermon set up his own shop in the
same location in competition with his now late brother and father. A
strange arrangement but one he says gave him the opportunity to see what
he could achieve on his own. He continues to specialise in alterations
saying he can break down a 40" waist pants to only 28". This was helpful
for many customers during the hard times of the seventies and eighties
when many people received clothing sent down in barrels. Meanwhile the
shop over the years has gained a considerable reputation as the place to
go for well cut suits. It does a good business among the government,
diplomatic and business community with Hermon making house visits to take
measurements. But at the heart of the success has been an uncompromising
attention to quality and on time reliability. All suits are triple
stitched and Hermon personally cuts the cloth himself. He says anyone can
sew but the art of tailoring is in the cutting and the best use of the
cloth to ensure it keeps its shape and flatters the figure of the wearer.
Good measurements are of course essential but Hermon also observes the
shape of each customer to get a feel of how the clothes might look. This
is almost a sixth sense which makes a large difference in the end result.
The shop keeps a wide range of cloth in various colours from off white
to sombre blue including Manchester Wool, London Fine Wool and Trouserine.
But Hermon recommends saltaire for this tropical climate given that it is
lightweight and also keeps a good seam.
Anyone who has passed by the shop in the evening will often see tailors
busy at work . Hermon actually opens at 6am to the sounds of rousing
gospel music. He is a devout Christian and actively involved in charity
work which includes sewing for members of the Institute for the Blind for
free. Work can go on till 11 pm if there are a lot of orders. He says
there is no excuse for not completing work by the day he has promised the
customer. He also maintains that the customer should be completely
satisfied by the end product. If not, he does not try to persuade them
otherwise. He puts himself in their shoes and asks what made them come
back before offering to replace the item. Hermon's does a lot of work
for weddings and also offers suit rentals for those who may not be able to
afford an outfit for an occasion be it a wedding, funeral or even an
interview at the embassy! He has a number of tailors who do the sewing
and demands quality and fast work with close attention to the details
including properly sewn button holes and no hanging threads . He also
insists they all wear ties something he has been doing for a number of
years. In fact he always wears a suit to work if only because it is a good
advertisement for his business. Keeping tailors is always a problem as he
finds after a few years a tailor will usually leave and set up his own
shop. Still he says he pays his staff well simply because having a happy
worker results in better output. His son Richard also works along side
him having started at the age of fourteen. Richard now concentrates on
women's wear- mostly suits and blazers, which he finds challenging given
the more cuts required and the varying shapes of the customers. Richard
also makes ties and shirts and says lately ties are becoming popular. He
says sometimes men on their way to work run in to pick up a tie before
going on their way. Richard has also started a database of his overseas
customers' vital statistics and has on a number of occasions had orders
from North America . He then ships off the suit and the payment is
deposited in his account. With good quality suits starting at over $300 in
the United States a custom made suit from Hermon's represents a sizeable
discount for overseas Guyanese.
Amin Enterprise Inc Servicers of Diesel engine fuel pumps
and injectors Is your diesel engine giving you a hard
start? More than likely it needs its fuel pump serviced and recalibrated.
Farhaud Amin started this rather specialised service some 10 years ago
after he had a problem with one of his own fuel pumps and discovered that
there were few such services and the costs were high. He imported the
equipment including a Hartridge Test Bench from the United Kingdom.
The purpose of the fuel pump is to dispense fuel under high pressure at
precise times. The injector atomises the fuel in the cylinder. These can
become clogged more often than not by poor quality fuel caused by poor
storage. This is especially the case in the interior where fuel is often
stored in drums which have rust, mud or water. Amin cleans and replaces
the components and recalibrates the pump. The improvements in performance
can be startling. In the worst cases, engine efficiency can be improved by
50% and emissions greatly reduced. Most of his customers are from the
marine sector, as well as truck owners and companies using generators.
Amin Enterprise Inc located at 4 Meadow Bank is also a country agent for
Interstate McBee an Ohio based distributor of parts and accessories for
Cummings, Caterpillar and Detroit engines.
Exporting Scrap Metal One company's discarded
equipment is another's opportunity for profits Khakan Ramjohn wants
your scrap metal. In fact he will pay you to take it apart and haul it
away. As managing director of Iramco (Guyana) Ltd he has already overseen
the dismantling of GEC's Old Smoky at Kings-ton, machinery at Linmine and
cleaned up the now defunct Guysuco Estates of Diamond and Leonora. This
was not charity work. Back in 1993 he was approached by a recycling
company in Miami, Florida involved in paper recycling which was interested
in importing scrap metal for use in a recently acquired smelting plant.
Ramjohn inquired around and discovered there were no companies taking
advantage of this on a large scale in Guyana. In fact Guysuco was digging
huge holes and burying its scrap in the ground. At the urging of the then
President Cheddi Jagan he signed an agreement with Guysuco to remove all
available scraps in the Demerara estates. This required cutting up the
equipment into minimum sizes of 2 to 5ft and then shipping it to the U.S.
He got more agreements from the Demerara Harbour Bridge to remove old
pontoons and other debris. These contracts resulted in a number of
shipments each around 2500- 3000 tonnes each. The size of the shipments
were relatively small because of the low draught in the Demerara river but
the business was profitable. While Iramco would pay around US$25 per tonne
it could sell the scrap for $100 in the United States. The activity also
provided jobs for up to 120 workers at one time. Recycled iron and
steel scrap is a vital raw material for the production of new steel and
cast iron products. The steel and foundry industries in the United States
have been structured to recycle scrap, and, as a result, are highly
dependent upon it. The automotive recycling industry alone recycled nearly
14 million vehicles in 2000 through more than 200 car shredders to supply
more than 14 million tons of shredded steel scrap to the steel industry
for recycling. In the United States alone, an estimated 73 million tons of
steel was recycled in steel mills and foundries in 2001. Recycling of
scrap plays an important role in the conservation of energy because the
remelting of scrap requires much less energy than the production of iron
or steel products from iron ore. The recycling rates for appliance, can,
and construction steel are expected to increase in emerging industrial
countries. Late last year the company was finalising a contract to
supply a recycling plant in New Orleans through the Miami company. All the
documents were in place and then September 11th came along. This had the
most unexpected of consequences. The Miami company had an agreement to
take all the scrap paper generated by offices in the World Trade Centre.
In a matter of hours its supplies were cut off affecting its own customers
in Venezuela. At the same time the general trend of scrap prices was
sharply downward due to the world recession. Scrap prices react quickly to
changes in supply and, especially, demand. When demand for steel mill and
foundry products is low, demand for scrap is low, and prices fall.
There were also supply pressures due to large shipments of scrap and
finished products coming out of China, Japan and Russia at very low
prices. The world price for Heavy Melting Steel slumped from around $95
per ton in 2000 to only $40. It was no longer worth it to ship to the US.
Iramco had also suffered its own problems since ship owners were reluctant
to come to Guyana given a reputation for being a drug transhipment area.
Bureaucratic delays meant some shipments had been stalled in the
harbour with significant demurrage costs. In the case of Linden the
ship was delayed for seven days due to a pontoon having spilt its logs
into the river. But with prices for scrap metal now recovering to
around $75 per tonne Ramjohn is planning to get back into the business and
is currently having discussions with importers. Obviously he needs
supplies and is hoping the government will make a coordinated effort to
identify material for removal .This would of course be at no cost to the
taxpayer. In fact it will be a revenue earner as well as bringing in
foreign exchange for the country. It would also be a benefit to the
environment. Ramjohn sees many opportunities for scrap metal including the
old glass works on the Soesdyke Highway. On both the Demerara and
Essequibo rivers there are numerous shipwrecks which could be cut up and
taken away. Meanwhile he is counting on more business from Linmine which
he says was very cooperative in the past. The old bauxite plant could
render as much as 7000-8000 tonnes of scrap metal. Ramjohn noticed that
the government intends to take down the old railway bridges and instead of
the government paying to have this done is willing to pay for the
opportunity. Iramco also has a market for aluminium and has repeatedly
asked to remove the aging aircraft at Timehri airport. He notes that
all the sugar estates have scrap metal lying around and it is just matter
of identifying what needs to be kept or discarded. Guysuco's Skeldon
project would likely create a large amount of scrap but the logistics of
shipping from that location may be difficult. Ramjohn eventually hopes
to set up a centre which could accept all types of scrap including old
cars and even plastic and paper and turn the recycling industry into a
environmentally sound money spinner for Guyana.
Business
Letter... Inaccuracies in article about LIAT Dear
Editor, I refer to your article of June 1, 2002 in Stabroek
Business with the heading 'Universal and Caribbean Star' and would draw
your attention to a number of inaccuracies:- 1) LIAT is a 45 year old
company. 2) LIAT does not have debt of US$80M but rather just over
US$50M, one half of which is short term. The Shareholder Governments
converted outstanding debt to interest bearing preference shares last
year. 3) LIAT did not restructure its operations similar to Caribbean
Star. The truth of the matter is that to the maximum extent possible
Caribbean Star seeks to duplicate LIAT's route structure and timetable.
LIAT's operation and schedule have been established for many years. 4)
The current work force in LIAT is 740 and we expect to be below 600 by the
end of the year. 5) LIAT's route right objection was not the only
reason Caribbean Star's start-up was delayed 6 months. Many jurisdictions
hold public hearings before they grant a new carrier a route licence. LIAT
was exercising its right at these hearings to comment on Caribbean Star's
applications. 6) Caribbean Star does not have 10 Dash 8s - it has 8.
7) LIAT currently has 10 Dash 8s and will have 11 in August. It is
upgrading its fleet to all Dash 8-300s, with the 50 seat configuration.
Four (4) of these replace our older Dash 8-100 this July/August. I
would appreciate it if you would be good enough to give the above equal
publicity to the already published article, and will be happy to provide
you with any further information you may require. Yours
faithfully, Garry Cullen Chief Executive Officer
The Cost of
Living Are you better off than you were eight years
ago? There is without doubt a wide perception in Guyana that
hard times have come again after the boom years of the mid nineties. The
growth rate in GDP last year was only 1.9% and in 2000 a negative 1.4%.
But looking at the numbers reveals that while the cost of living has
increased by some 60% in eight years most salaries have more than kept
pace.
The Bureau of Statistics is responsible for the collection of
information on prices for a basket of goods which measures the Consumer
Price Index. There have been some questions over how reflective of
consumption patterns the basket is , but the bureau notes that it was
based on a survey taken in 1992-3 of 7280 households from all regions of
the country and various income levels. This is important because in rural
areas items such as consumer goods may be more expensive than in
Georgetown due to distribution costs whereas fruits and vegetables are
generally cheaper. The survey looked to establish how much consumers spent
on various categories of goods and services. These would include such
mundane but often used items such as matches and salt, staples including
rice and chicken, three different kinds of steak, and clothing, furniture
and durable goods. Entertainment expenses included cinema tickets, T.V
licences and books. In the services category electricity bills,
education, transportation, house rent or mortgage funeral services were
all included. All income levels were reflected as shown by services for
washer woman, house servant and watchman . In total 1250 items were
identified and this was eventually whittled down to 238, of which about 55
items make up 60% of the basket. These were now given various weights
according to the results of the survey. So chicken was seen as
constituting 3% of a household's expenditure and was given a 3% value in
the basket . These items were then grouped into nine broad categories and
given weights representing their portion of household expenditure : food
44%: ,clothing; 3.7%; footwear and repairs 1.9%; housing 22.7%; furniture
5.9%; transport and communication 10.8%; medical and personal care 2.3%;
education, recreation and cultural services 3.5%; and miscellaneous goods
and services 4.8% . The Bureau monitors food prices weekly by
surveying supermarkets and municipal markets in Georgetown as well as out
of town. Gasoline is also monitored weekly and durable goods such as
fridges on a monthly basis. The price collectors monitor the items such as
a brand-named powdered milk at more than one location and should the item
be discontinued a similar product is substituted which has been tracked
previously. How have prices increased over the last eight
years? Within the categories food has increased from a starting point
of 100 in 1994 to 167.6 in 2001. Clothing has actually decreased during
the time period which might reflect increased competition in the market
place as more and more vendors get into selling clothes. Footwear has also
declined. But housing has almost doubled (182.2.) and transportation has
increased sharply to 186.8 along with medical care (186.4) and education
recreation and cultural services (177.5. Overall prices have increased
by 65.4% in eight years. However in 2000 prices only increased by 1.6% and
in 2001 by 2.6% with the cost of food actually declining by 2.1%. But
spending patterns are likely to have changed during this time period even
with relatively low inflation . There are many more cars now (12,134 more
up to 2000) thus incurring their new owners more expense in maintenance
and possible financing. Electricity costs which were much smaller in 1994
or non existent for non -connected families have increased. The bureau
acknowledges these increases and it may be that in a few more years a new
index reflecting these new patterns will have to be composed. Persons
demonstrating against the large charges from GPL have indicated that their
bills make up 40% of their expenditure whereas the index only has
electricity as under 5% of costs. It is also not an avoidable cost as
might be the case for chicken or fruits where consumers can switch to
alternatives when prices increase. Also many more persons have moved into
their own housing, with the costs associated with running a home and
perhaps paying a mortgage. How have wages fared over the same period
is of course the next question. Wages in the private sector are not
monitored but low level positions do tend to follow the minimum wage as
set by the public sector. This has increased significantly over the last
eight years thanks to two hard fought raises in 1998 and 1999. Large wage
increases have also been awarded for teachers and the police force. And if
we take wages in the sugar industry with some 18,000 employees we may get
a picture of the levels of salaries for employed persons. The minimum
monthly salary in the public sector has gone from $5500 in 1994 to $20,045
in 2001. In the sugar industry the daily minimum earning wage for lowest
paid field workers has increased from $1181 in 1994 to $2115 in 2001
(79%). So on the face of it the standard of living has improved for a
majority of workers.
And this is an important point, in that a large section of the
population are actually self employed and this is where the perception
that times are hard could be coming from. There is a lot more competition
for consumer dollars than there was eight years ago, while with emigration
and a slow economy demand has been stagnant. The number of vendors has
increased enormously both in Georgetown and in rural areas. Cash crop
farmers are producing more. Inevitably with increased supplies prices have
remained largely stable and these micro-entrepreneurs have seen profit
margins shrink. For many of them their income may not have kept up with
inflation. The smallest rice farmers are probably living below the minimum
wage with prices so low. So these figures will come as cold comfort
for Guyana's working poor and the unemployed who still are unable to make
ends meet. For many remittances from relatives abroad continue to make up
the difference between income and expenditure.
Profile Dr Leslie Chin A
brilliant student in his youth, the new head of IPED has applied the logic
of the sciences to the world of business. Dr Leslie Chin was born in
1937 in Charlestown. His parents who are still alive today came from
Canton province in China a few years earlier and the family is descended
ten generations from three brothers who settled in Canton a couple of
centuries ago. Leslie's grandfather had already settled in Guyana and was
running a shop in La Penitence Market. He gave them a grocery to run on
Drysdale street just off Lombard street which is still standing today.
Leslie is the second in a family of seven sisters and four brothers. He
attended the Broad Street Government School now the Dolphin and was a
bright student regularly coming first or second in his class. However his
father could not afford to send him to the extra classes needed so that he
could apply for a scholarship to Queens College. Instead and quite of
character for a Chinese family he sent Leslie's elder sister to the
lessons. So Leslie went on to the Central High School and recalls that
despite his ethnicity he never felt he was an outsider. He recalls that in
those days there really was no differentiation between the races amongst
children. He passed 9 subjects at the Junior Cambridge taking them one
year early and went onto Queen's College to study the sciences with the
intention of becoming a doctor.
He received a distinction in Chemistry along with his other three A
level subjects physics, botany and zoology, before taking a job in the
civil service in the Government Analyst Department. The salary at the time
was quite handsome at $200 a month and being a studious lad he would give
$190 to his father and only keep a $10 for himself. On the job he was
insatiably curious and would often take apart equipment on the weekends to
clean and adjust them. It is a philosophy he still has to this day of
using what is there before going and buying something new . The chief
analyst seeing how bright Leslie was suggested he apply for a scholarship
to study abroad and he was soon on his way to Aberdeen University to study
biochemistry . He recalls that he had to join the immigrant boat in
Jamaica and suffered terribly from sea sickness during the passage.
Landing in Genoa, Italy he was sent off to London on a train which had all
its doors locked. The most he remembers about Aberdeen, a city on the
east coast of Scotland, was that it was bitterly cold. He was not too
interested in socialising and focused intently on his studies taking
holiday breaks in London staying with friends and family. There was the
usual culture shock but he was helped over this by the British Council
which would hold a one week programme in British customs. It was there
Leslie learnt to use a knife and fork after years of eating with
chopsticks. After four years he graduated with 1st class honours in
biochemistry and top of his class. One teacher gave him a mark on a paper
of 21 out of 20 owing to his diligent research . He was a perfectionist
and says he managed to find the most obscure information including that
most critical of questions as to why starch turns blue when mixed with
iodine. About a year before his graduation he had been contacted by
the London School of Hygiene and Tropical Medicine and was eventually
awarded a Rockefeller Grant to do post graduate work in human nutrition.
He finished his Phd at the University of London in only two years with
a thesis on the " Metabolism and functions of the sulphur-amino acids in
protein calorie malnutrition and then it was time to return home .Leslie
recalls that it never occurred to him not to keep up his end of the
agreement although offered a scholarship at Philadelphia University in the
United States . He returned in January 1965 having missed the riots of the
early sixties and went back to the Government Analyst Department. He
specialised in nutrition including doing various studies on fruits and
rice and toxicological analysis of murders suicides and stolen bicycles .
But after a few years he became frustrated by the lack of equipment and
during that time had become a member of the National Milk Committee. He
was eventually asked to go run the Milk Pasteurisation plant in Kingston
where he applied the common sense he had learnt working in his father's
shop along with setting strict standards for milk . He realised that the
reason it was not selling was because farmers were watering it down. They
were so casual about it that sometimes the plant would find fish in the
milk where the farmers had dipped water from the creek! So he applied a
quality test and refused any supplies which did not pass. Very quickly
farmers got the idea and supplies improved. Then he repaired a number
of trucks as part of increasing distribution, and sales jumped from 600
gallons per day to 1500. At the same time the plant improved the chocolate
milk it sold and developed peanut punch. Within one month of taking over,
the company had stopped losing money and eventually eliminated the
practice of dumping 100,000 gallons of milk per year. It also went into
production of gouda cheeses. At the same time he developed a range of pig
feeds with 100% local inputs. But after three years Leslie began to get
restless again. He says it is a trait he has that he can't stay in a job
without new challenges and becomes easily bored. So he joined Booker-
British Drugs House (BDH) as a management trainee a job which challenged
his abilities in many areas including as an architect and accountant.
Bookers was nationalised in 1976 and working along with the Ministry of
Health Leslie helped devise a national drug policy focusing on generic
drugs bought in bulk and increasing local manufacture. The Guyana
Pharmaceutical Corporation diversified into a number of areas during the
late seventies and early eighties including the Quality Foods Division.
Looking back he says there was little attention paid to the economic
efficiencies of these various ventures. For example an orange juice
processing plant could only take oranges of a particular size and other
projects were constrained by the fundamental problems of limited supplies.
Still the government also took over Correia's Canning Company making
carambola candies and table sauce and another project resulted in a
popular breakfast cereal called Family Delight . Using his background in
nutrition Leslie formulated a cereal for infants called Cerex which even
the GDF soldiers used as rations! Other products included black sage
toothpaste and coction wine and liqueur with six alleged aphrodisiac herbs
whose potency Leslie suggests is more in the mind of the consumer. His
job was really to make sure these things were not harmful. While private
companies were naturally floundering under nationalisation, the GPC was
perceived as a great success. President Burnham also nationalised Berger
Paints and Leslie in the spirit of the times looked to see how much local
inputs could be produced discovering veins of red and yellow in bauxite
for use as colour. The corporation also invested in an alkyd resin plant
the most advanced technology in Guyana at the time, to make linseed oil
although this was never fully operational. In 1978 the corporation bought
the assets of OK soap plant and started production at Versailles of toilet
soaps of course unwrapped to save on paper. They were, he recalls,
exciting times and to work at the GPC was considered a privilege. Leslie
then became executive director of Guyana Stockfeeds with the intention of
maximizing local inputs. He managed to get imported resources down to a
half of the inputs as opposed to the existing two thirds. At the same time
an edible oil plant was still in crates shipped from Cold War friend East
Germany and Burnham made it clear he wanted it up and running in four
months . Well it worked for the opening ceremony! Leslie eventually took
charge of The National Edible Oil Company in 1985 encouraging farmers to
increase production with offers of cutlasses and files despite price
controls on copra. Throughout his career he has always tried to approach
problems in a constructive way by asking what are the three possible
solutions. Even if these cannot be found it puts him in a positive frame
of mind. At Neocol he moved the company from a position of providing
25% of demand, to self sufficiency and export potential. As part of the
responsibilities he managed the Hope Estate and would spend long hours
there and also at San Jan and Wauna palm oil estates which he helped to
reach some level of productivity despite grave limits on investment. He
recalled that in those days if a public corporation had any cash surplus
at the end of the year it was sent to the treasury. So one year he bought
200 cows just to tie up the money! In 1991 and looking for a new
challenge, Leslie helped develop the programme for the CESO Business
Advisory Service which brings senior retired executives from Canada to
work with local companies. Once again he applied the disciplines of
scientific research to the situation devising a complex business model
which even measured the programme's impact on the country's GDP. The first
three years were very challenging and in the fourth year he conceptualised
a sustainable development mechanism. He now serves on a number of
boards including Sterling Products Ltd, Laparkan Holdings, Pomeroon Oil
mill, Demerara Bank and Demerara Mutual Life Assurance Co. Taking over
as C.E.O at IPED will of course require the same commonsense approach to
the micro loan sector and it is dear to his heart since he originally
conceptualised and put in operation a micro enterprise loan scheme for
IPED in 1993. As a Rotarian he had spent time in the community of
Enterprise where the residents were asking for access to small loans. So
he asked the board of IPED for $1m. IPED also fits in with his interest in
projects that emphasize equitable development. He says he is confident he
can double the business in two years. His civic roles include being a
trustee of the Chinese Association of Guyana, a member of the Electoral
Assistance Bureau and a Trustee of the St Cuthbert's Village Council where
he helped set up a cooperative shop some years ago. He is also a member of
the Guyana Book Foundation. He is a charter member of the Rotary Club of
George-town Central which became the sponsor club for the Rotary Club of
Demerara. This was seen as a comfortable strategy for enrolling women in
to the Rotary Organisation. In 1989 he received a Golden Arrow of
Achievement for contributions to the development of the edible oil sector.
Leslie has been married to his wife Eileen Chin since 1967. They have
three boys and a daughter.
Reviews
of High end and Budget Laptops The biggest advantage of a
laptop computer is that it is a completely self-contained computing unit
when it needs to be - a single module that can be packed around easily and
conveniently whether to the next room or across the continent. And it
keeps on working during blackouts. Laptops are generally regarded as
companion computers to desktops, but they are now so powerful that they
really can be true desktop replacements .As with most other computer
hardware, prices have continued to drop as manufacturers step up the
competition for your dollar. Below are reviews of various laptop models
taken from the website Consumer Search.
IBM ThinkPad A30p
(*est. $3000) Experts say the 1.2GHz IBM ThinkPad A30p is a
portable office in itself. With its 48GB hard drive, integrated 802.11B
wireless networking (Wi-Fi), IBM's Embedded Security, and two drive bays
(one can house a slide-out sync cradle for a PDA), the A30p is a flexible
business tool; reviewers also like its unique tilting keyboard and
proprietary ThinkLight for low-light-level typing. While the eight-pound
ThinkPad can certainly play a DVD or two, its short battery life (a bit
over two hours) may mean you'll miss the happy ending, making the Gateway,
below, better suited for games and movies. The IBM can display more pixels
(1600 x 1200) than the Gateway below, making it especially suitable for
detailed work like spreadsheets.
Gateway 600xl (*est. $2500)
Reviewers such as PC World and Smart Computing say the Gateway
600xl is a multimedia powerhouse, with one of the largest displays in the
industry (15.7-inches). The 64MB ATI Mobility Radeon 7500 graphics card
"plays movies like a cineplex movie projector," according to ZDNet, which
also says the 600xl bests every other Pentium 4-M notebook on test.
Weighing nearly ten pounds, the 1.7GHz 600xl pushes the boundaries of
"portable," but for graphics pros, gamers and digital-video mavens, the
Gateway is the notebook to beat. The main disadvantage of the Gateway is
that it has only SXGA resolution, (1280 x 1024 pixels) so while the screen
is bigger, you may see slightly less detail as on the IBM above.
Compaq Evo N600c (*est. $2800) Most laptops fall into
two categories: Heavy, full-featured desktop replacements (like the
Gateway and IBM notebooks) and stripped-down lightweights (such as the
Dell). The wireless-ready 1.2GHz Compaq Evo N600c falls in between, say
reviewers, with top-notch features (including an internal DVD/CD-RW drive)
weighing a little more than five pounds (without the A/C adapter). CNet is
impressed with the "responsive keyboard" and calls its 14.1-inch screen
"one of the sharpest we've seen." PC World says performance falls behind
that of the Dell and IBM above, but some users will be willing to trade a
little speed for a big savings in bulk, while retaining an on-board
optical drive.
• Dell Latitude C400 (*est. $2800)
The 3.8-pound Dell C400 finishes first in PC Magazine's productivity
tests among ultraportable laptops. That said, you give up some extras in
favor of decreased heft; there's just one USB hub, along with a video-out
and a serial port, so you'll need the $250 port replicator or $500 docking
station to hook up peripherals or additional drives. And while the 1.2GHz
Dell does include a DVD/CD-RW drive, it's external and hooks up with an
IDE cable. If you need a speedy, featherweight notebook, the Dell is a
great (if expensive) choice, but if you prefer more connectivity and
drive-bay options, you'll be better off with the slightly heavier Compaq
above.
Apple Titanium PowerBook 800MHz G4 (*est. $3200)
MacIntosh. For Mac users, the G4 is the top of the line. It ships
with an 800MHz G4 processor, 512MB of RAM, and a 40GB hard drive. Because
of its titanium case, the PowerBook sports a 15.2-inch screen, yet weighs
a mere 5.4 pounds. Apple packs in an impressive collection of
digital-editing and media-management tools including iPhoto, iTunes and
iMusic. ZDNet's Gene Steinberg says "Apple has made its sexy business
notebook even better." Apple also markets a 667MHz/30GB version for $2500.
Best Laptops, Budget: These days, you can find just about anything in
a notebook computer that you can find in a desktop, especially if you're
willing to spend $3000 or so on the machines listed in our high-end
notebook report. The good news is, for half that price you can buy a lot
more than half the power and features of those state-of-the-art laptops.
Fifteen hundred or two thousand bucks will get you a unit with the a
minimum of the following features: A 1.0GHz Pentium III processor, 256MB
of RAM, a 20GB hard drive, a 14.1-inch display and a DVD drive. And you no
longer have to settle for an inferior processor; most of the systems
discussed here include a Pentium III chipset-unheard of a year ago.
However, experts are quick to point out that shopping for a budget
notebook is an exercise in compromise, and while you'll get a notebook
that can handle word processing, e-mail and Web surfing, it's probably not
going to deliver streaming video and gaming performance. Many cheaper
notebooks use the computer's base memory to deliver video, and outdated
graphics cards are common. Some notebooks include wireless networking
possibilities, but you'll pay extra. To complicate matters further, the
new Windows XP operating system sucks up memory, so you'll need more RAM
just for the OS (leaving less for other applications).
Dell
SmartStep 100N (*est. $1000) According to CNet and ZDNet, this
Dell offers impressive features for the price: a 1.06GHz Celeron chip, a
14.1-inch screen, and a 20GB hard drive, all in a package weighing a
little more than six pounds. On the downside, the 100N doesn't include a
CD-RW or DVD drive, it comes with only 128MB of RAM, and a 90-day warranty
(it's $50 more for a 1-year warranty) and CNet says Dell scores poorly for
service and support. Still, says ZDNet, this notebook boasts "killer
performance" and an unusually large screen for its budget price. But if
you also want to play games and DVDs, the Compaq below is a better choice.
Compaq Presario 1720 (*est. $1800) Reviewers say this
is a sturdy, all-around budget notebook, as well as a good bet for
multimedia applications thanks to its dedicated volume controls and even a
button that launches an MP3 player. The 1720 comes with a 1GHz Pentium III
chip, 256MB RAM, a 20GB hard drive, DVD-ROM drive, and a 14.1-inch
active-matrix TFT screen. Best of all, it weighs in at a svelte 5.2
pounds, an improvement over previous models in this line.
Dell
Inspiron 4100 (*est. $1700) This Dell 4100 has been around for a
while, but Dell continues to tweak specs and maintain top performance.
This model sits at number two on PC World's top notebooks chart-and not
number two among budget notebooks-number two among all notebooks. The 4100
comes with a 1.25GHz Pentium III chip, 256MB RAM, a 20GB hard drive,
DVD/CD-ROM combo drive and a 14-inch screen, though it weighs in at a
relatively heavy 8 pounds. PC World says this model suffers from weak
audio and doesn't have many multimedia goodies, so the 4100 is better for
business uses than playing games or CDs.
Apple iBook (*est.
$1600) For Mac enthusiasts, the latest edition of the Apple iBook,
with a 600MHz PowerPC G3 processor, gets unanimous raves from experts.
Says ZDNet, "Given its extensive feature set, the new iBook isn't just the
portable to beat at the consumer level; it's the portable to beat at any
level." This version has a CD-RW/DVD combo drive, but you can save money
if you choose a single-purpose.
Intel
Laptop Survey finds People using them Anywhere & Everywhere
81 Percent Use Laptop PCs While Watching TV; One in Four People
Describe Their Laptop as Their "Prized Possession". Americans have an
unlimited imagination for unusual and creative ways to use their laptop
PCs, according to the "Laptops & Lifestyles" survey released today by
Intel Corporation. The survey of more than 2,400 computer users found that
people have used their laptop PCs at weddings and funerals, in coal mines
and on top of grain towers, from a Grand Canyon hiking trail to a "dodgy
youth hostel in Amsterdam," while riding a horse, milking a cow and
building a chicken coop. Americans use their laptops to be kind
(helping a deaf man understand a church service), joyful (sharing thoughts
from a wedding with those who could not attend), heroic (remotely shutting
down an off-shore oil rig while escaping a hurricane), adventurous (with a
GPS device to navigate a sailboat), heartless (breaking off a
relationship), and funny (using speech stimulation software "to say silly
things to my kids over the phone"). They tend to use them just about
anywhere, and often while doing other things. Eighty-one percent reported
using their laptops in front of the TV, 60 percent in bed, 54 percent
while eating and 48 percent while undressed or in their underwear.
Forty-one percent of respondents used their laptops while riding as a
passenger in a car, 39 percent while outdoors, 20 percent while on a train
or bus, and 18 percent in a foreign country. The top two ways people feel
when they have their laptop PCs with them are "organized" and "connected."
"The laptop PC has become an extension of ourselves, offering an
unprecedented level of freedom while still helping people to feel
organized, connected and in-touch with the world," said Ann Lewnes, vice
president, Sales & Marketing Group and director of Consumer Marketing
for Intel Corporation. "No matter where our lives, jobs and experiences
take us, consumers are increasingly turning to this one powerful device
with which they can create, communicate, share and be entertained -
anytime and anywhere." Intel designs a family of mobile processors to
enable a broad selection of laptop PCs. The company recently introduced
the Mobile Intel(r) Pentium(r) 4 Processor - M, which brings desktop
performance and longer battery life to the laptop PC so that people can
enjoy digital music, photography, movies and graphic-intensive games
anytime, anywhere. Among Americans who now use a laptop PC, the
necessity to have their laptops by their side is strong. Sixty-five
percent feel "it is too much of a risk to store their laptop at a coat
check or as luggage." More than one in four laptop owners (28 percent)
claimed that their laptop was one of their "most prized possessions." More
than half (54 percent) regretted leaving it behind on at least one
occasion, and 29 percent turned around to retrieve it. The survey also
revealed that computer users have a strong curiosity about other people's
laptops. Almost half (46 percent) of all respondents admitted glancing at
someone else's machine. It was a more common practice among frequent
travelers (57 percent), men (53 percent) and people under 35 (54 percent).
While the majority (71 percent) looked to see the style or design of the
machine, 31 percent were interested in the kind of work a person does, the
person (19 percent) or the games they play (19 percent). Looking
ahead, consumers overwhelmingly believe that a laptop PC will remain an
essential ingredient in their lives. Ninety-one percent said that laptop
PCs would remain "as important or become even more important" to them over
the next two years. Their "ideal laptop PC" would allow them to "surf the
Internet wherever they are" (84 percent), weigh less (79 percent), provide
better battery life (57 percent), offer the digital music capabilities (57
percent) or digital movie capabilities (56 percent) that desktop PCs now
have, and enable them to play games with maximum speed and rich graphics
(49 percent).
S. K. Manufacturing Zinc sheets cut to
order S. K. Manufacturing is the first business in
Berbice to make pre-painted corrugated (zinc) sheets. It is also the first
in the Caribbean to manufacture machine-made pre-painted aluminum and
galvalum gutters that are made to any length. Owner, Suren Mohabir, 40, a
Canadian-based Guyanese was holidaying here at the time when the saw the
opportunity for such a product. Suren did some marketing research and in
1996 he quit his job and bought the machines, which were shipped down to
get the business started at Main & Alexander Streets, New Amsterdam.
Settling only for quality, Suren imports the pre-painted corrugated
sheets because these are sturdier and longer lasting. These are sold in
different colours in a big roll, but Suren feels the light coloured sheets
are better as they attract less heat. He then places the roll in the
machine to give them the corrugated ridges and to cut them to a standard
length. The machine makes 50 feet sheets per minute. He makes the
sheets mostly on order and delivers it to customers' homes. Many people
who do not know about the pre-painted sheets or who do not want to invest
in them settle for the unpainted ones at the stores. The unpainted sheet
may be a little cheaper, but he says in the long run people who use them
end up spending more money. They also have to pay someone to do the
painting. Suren observes too that the unpainted sheets deteriorate faster
due to the weather. With the pre-painted sheets Suren claims his customers
get their money's worth. When customers need gutters for their homes
Suren takes along the machine in his van and actually makes them on the
spot. He prefers to do it this way because he does not have to cut the
sheets to carry them. They are made to any length at a rate of 40 feet per
minute. By doing this he ensures that the gutters are not joined, so
customers do not have to spend money fixing leaks. It was hard at first
for Suren to convince people about the quality of his products. But
now business is picking up . Apart from making those two items, Suren has
a machine that manufactures 25 cutlasses per minute. He also makes wooden
handles that are nailed onto the top. Suren invested in that business to
supply GUYSUCO although they have stopped ordering recently. Suren has
plans to invest in business but says space is his major problem. Three
years ago he applied for a plot of land at the Industrial Site in New
Amsterdam but says he is still getting a push around. The Government had
promised to develop the road and supply water and electricity to the area,
but the project is still at a standstill.
How to
Hide $3.8 Billion in Expenses Wondering what exactly WorldCom
did and how it did it? Here's a guide to the prime factors behind the
latest corporate scandal When WorldCom Inc. (WCOM ) revealed on June 25
that it had uncovered a $3.8 billion accounting fraud, everyone from the
smallest investors to President George W. Bush reacted with shock and
outrage. How was this possible? How could such an established company have
hidden such huge expenses from the investing public? Here's a look at what
WorldCom did and how the company did it.
What exactly did
WorldCom do? During 2001 and the first quarter of 2002, the company
counted as capital investments $3.8 billion that it spent on everyday
expenses. This makes a difference because capital investments are treated
differently from other expenses for accounting purposes. Capital spending
is money used to buy long-lasting assets, like fiber-optic cables or
switches that direct telephone calls, so the cost is spread out over
several years. For example, if World-Com spent $10 million on switches
it expected to last 10 years, it would book a $1 million expense for 10
years. In contrast, if it spent $10 million on office space, it has to
count all of that expense in the period in which it occurred. The company
says the expenses that were counted as capital expenditures involve "line
costs," which are fees WorldCom pays to other telecom players for the
right to access their networks.
How does this affect profits? Counting everyday expenses as
capital investments boosts net income because expenses that are supposed
to be counted in one quarter are spread out over years. WorldCom
originally reported net income of $1.4 billion in 2001 and $172 million in
the first quarter of 2002. Now the company says it lost money the whole
time. "You do this to make your bottom line look better," says Rosemarie
Kalinowski, an analyst with debt rating agency Standard & Poor's.
How is cash flow affected? Different people use the term
"cash flow" to mean different things. What WorldCom did affects cash
generated from operations, a closely watched line in financial statements.
World-Com originally reported that its operating activities in 2001
produced $7.7 billion in cash. Now, it says that figure really was $4.6
billion. But WorldCom's overall cash flow isn't affected because the
restatement will lower the amount of cash reported as used in investing
activities, which include capital investments. So the two changes cancel
each other out. It does, however, affect another measure of cash flow,
something called EBITDA.
What's EBITDA? EBITDA stands
for earnings before interest, taxes, depreciation, and amortization.
Investors see this as a more accurate barometer of a company's health than
cash flow from operations. This is where WorldCom's accounting games had
the biggest impact. The company originally reported that its EBITDA for
2001 was $10.5 billion. Now it says the figure really was $6.3 billion. In
the first quarter, it reported EBITDA of $2.1 billion, while the real
figure was $1.4 billion. In other words, WorldCom was in much worse
shape than investors and banks thought. "This is an industry where
companies trade based on EBITDA," says Robert Willens, an accounting
expert at Lehman Brothers Inc. "Capitalizing expenses has a direct impact
on EBITDA."
Does this mean investors can no longer rely on cash
flow? Not necessarily. Capitalizing expenses is not that common
because it's so easy to detect. While there are some gray areas, it's
pretty clear what should be counted as everyday expenses and what should
be counted as capital expenditures. "This is sort of obvious to anyone who
bothers to look at it," says Willens. "This doesn't involve offshore
partnerships or special purpose entities. This is Accounting 101."
So where were the auditors? Good question. WorldCom's
auditors were from Arthur Andersen LLP, which says its work for the
company complied with all accounting standards. The WorldCom fraud came to
light when John W. Sidgmore became chief executive in April and ordered an
internal review of the company's books. The probe was conducted by
WorldCom's new auditor, KPMG, as well as WorldCom employees. At its
completion, WorldCom announced the restatement and fired its chief
financial officer, Scott D. Sullivan. If there is a silver lining in
the WorldCom fiasco, it's that this sort of accounting fraud can be
uncovered quite easily - you just need accountants who are looking for
it.
Managing conflict This is the second in a
series of articles prepared by Dr Godfrey Sears, President of the
International University Guyana. The articles are intended to help
companies with various aspects of management, marketing and human
resources Continued from last month
Stage of
Evolution Important conflicts among people ordinarily do not erupt
suddenly. They pass through various stages, and the way in which the
energy of the disputing parties can be effectively directed by the manager
depends to some extent on the stage of the dispute when he enters the
picture. One way of diagnosing a dispute - the third major question - is
to identify it as being at one of these five stages in its
development. Stage #1- The Phase of Anticipation. A manager learns that
his company is about to install new, automated equipment which will reduce
the number and change the number of jobs in a given department. He can
anticipate that when this information is released, there will be
differences of opinion as to the desirability of this change, the way in
which it should be introduced and the way in which the consequences of its
introduction should be handled. Stage #2 - The Phase of Conscious, but
Unexpressed, Difference. Word leaks out about the proposed new equipment.
Small clusters of people who trust one another begin discussing it. They
have no definite basis for the information, but tensions begin to build up
within the organization. There is a feeling of impending dispute and
trouble. Stage #3 - The Phase of Discussion. Information is presented
about the plans to install new equipment. Questions are asked to secure
more information, to inquire about the intentions of management, to test
the firmness of the decision that has been made. During the discussion,
the differing opinions of individuals begin to emerge openly. They are
implied by the questions which are asked, and by the language which is
used. Stage #4 - The Phase of Open Dispute. The union steward meets
with the foreman to present arguments for a change in plans. The foreman
counters these arguments by presenting the reasons that led management to
decide to install the equipment. The differences which have heretofore
been expressed only indirectly and tentatively now sharpen into more
clearly defined points of view. Stage #5 - The Phase of Open Conflict.
Individuals have firmly committed themselves to a particular position on
the issue; the dispute has become clearly defined. The outcome can only be
described in terms of win, lose, or compromise. Each disputant attempts
not only to increase the effectiveness of his argument and his power in
the situation, but also to undermine the influence of those who oppose
him. The power of the manager to intervene successfully will differ at
each of these stages. He is likely to have the most influence if he enters
the picture at stage #1; the least influence if he enters at stage #5.
This range of possible behaviour and action changes as the conflict passes
through the various stages. For this reason, it is important for the
manager not only to assess the nature of the given dispute and the forces
affecting the individuals involved, but also to assess the stage to which
the dispute has evolved.
SELECTING AN APPROACH After the
manager has diagnosed a given dispute (or a potential one) between
subordinates he is next confronted with the problem of taking action.
There are two additional questions that will be helpful to him to
consider. 1. What courses of action are available? 2. What must be
kept in mind in selecting the best one? Assuming, first, a situation
in which the manager has time to anticipate and plan for an impending
dispute, it is suggested that the general approaches typically available
to him are (a) avoidance, (b) repression (c) sharpening into conflict, and
(d) transformation into problem solving. In deciding which to use, the
manager's primary concern should be to select the alternative that will
yield optimal benefits to the organization.
Avoidance It
is possible for a manager to avoid the occurrence of many differences
among his subordinates. He can, for example staff his organization with
people who are in substantial agreement. Some organizations select and
promote individuals whose experiences are similar, who have had similar
training, and who come from a similar level of society. Because of such
common backgrounds, these individuals tend to see things similarly, to
have common interests and objectives and to approach problems in much the
same way. A staff thus developed tends to be a very secure one: the
reactions of one's fellows are both readily predictable and congenial to
one's way of thinking and doing. The manager may also avoid differences
among his subordinates by controlling certain of their interpersonal
contacts. He can, for example, assign two potentially explosive
individuals to different groups or physical locations, or he can choose to
raise a particularly divisive issue because it is "too hot to
handle". When is this alternative appropriate? Some organizations
depend heavily on certain kinds of conformity and agreement among their
employees in order to get the work done. Political parties and religious
denominational groups are perhaps extreme examples of this. If an
individual holds a different point of view on a rather fundamental issue,
he may become a destructive force within the organization. This approach
may be especially important if he is dealing with somewhat fragile and
insecure individuals. Some persons are so threatened by conflict that
their ability to function effectively suffers when they operate in a
climate of differences. What are the difficulties and dangers in this
approach? The manager who uses this approach consistently runs the
risk of reducing the total creativity of his staff. When everyone in the
room thinks the same thing, no one is thinking very much. In an atmosphere
in which differences are avoided new ideas not only appear less
frequently, but old ideas are also likely to go unexamined and untested.
There is genuine danger of the organization's slipping unknowingly into a
rut or complacency.
Repression Sometimes a manager is
aware that certain differences exist among members of his staff, but he
feels that the open expression of these differences would create
unproductive dissension and reduce the total creativity of the group. He
may, therefore, decide to keep these differences under cover. He may do
this by continually emphasizing loyalty, cooperation, teamwork, and other
similar values within the group. In such a climate, it is unlikely that
subordinates will express disagreements and risk conflict. The manager
may also try to make sure that the potentially conflicting parties come
together only under circumstances which are highly controlled -
circumstances in which open discussion of latent differences is clearly
inappropriate. or he may develop an atmosphere of repression by
consistently rewarding agreement and cooperation and by punishing (in one
way or another) those who disrupt the harmony of the organization by
expressing nonconformist ideas. When is this alternative appropriate?
It is most useful when the latent differences are not relevant to the
organization's task. It is to be expected that individuals will differ on
many things - religion, politics, their loyalty to their country,
football, cricket, etc. There may be no need to reach agreement on some of
these differences in order to work together effectively on the job. It may
also be appropriate to repress conflict when adequate time is not
available to resolve the potential differences among the individuals
involved. This might be particularly true if the manager's concern is to
achieve a short-run objective and the potential disagreement is over a
long-run issue. The wounds of disagreement should not be opened up if
there is insufficient time to bind them. What are the difficulties and
dangers in this approach? Repression almost always cost something. If,
indeed, the differences are important to the persons involved, their
feelings may come to be expressed indirectly, in ways that could reduce
productivity. Every manager has witnessed situations in which ideas are
resisted, not on the basis of merit, but on the basis of who advocated
them or he has seen strong criticism arising over mistakes made by a
particularly disliked individual. Much has been said and written about
"hidden agenda". People may discuss one subject, but the way they discuss
it and the positions they take with respect to it may actually be
determined by factors lying beneath the surface of the discussion. Hidden
agendas are likely to be around in an atmosphere of repression. When
strong feelings are involved in unexpressed differences, the blocking of
these feelings creates frustration and hostility, which may be misdirected
toward "safe" targets. Differences, and the feelings generated by them, do
not ordinarily disappear by being ignored. They fester beneath the surface
and emerge at inopportune moments to create problems for the manager and
his organization. Sharpening into Conflict. When this approach
is used, the manager not only recognizes the fact that differences exist,
but attempts to create an arena in which the conflicting parties can
"fight it out". However, like the promoter of an athletic contest, he will
want to be sure that the differing persons understand the issue over which
they differ, the rules and procedures by which they can discuss their
differences, and the kinds of roles and responsibilities which each is
expected to bear in mind during the struggle. When is this alternative
appropriate? A simple answer is: "when it is clarifying and educational".
Many individuals will not pause to examine the assumptions he advocates
until he is called on to clarify and support them by someone who holds
contrary views. In the same way, the power of realities within an
organization can come into sharper focus and be more commonly recognized
through conflict. Another valuable thing learned is the cost of
conflict itself. Almost invariably at the end of a long dispute, there is
a strong resolve that "this shall not happen again," as the individuals
reflect on the financial costs, tensions, embarrassment, uneasiness, and
wasted time and energy it caused. What are the difficulties and dangers
of this approach? Conflict can be very costly. It not only saps the energy
of those involved, but also may irreparably destroy their future
effectiveness. In the heat of conflict, words are sometimes spoken which
leave lifelong scars on people or forever cloud their relationships.
Because the risks involved in conflict are so great and the potential
costs are high, the manager will want to consider carefully the following
questions before he uses this approach: 1. What does he hope to
accomplish? 2. What are the possible outcomes of the conflict? 3.
What steps should be taken to keep the conflict within organizational
bounds and in perspective? 4. What can be done after the conflict to
strengthen the bonds between disputants, so that the conflict will be of
minimum destructiveness to them and to their ongoing
relationship?
Making it Creative "Two heads are better
than one" because the two heads often represent a richer set of
experiences and because they can bring to bear on the problem greater
variety of insights. If the differences are seen as enriching, rather than
as in opposition to each other, the "two heads" will indeed be likely to
come up with a better solution than either one alone. For example, had
the six blind men who came into contact with different parts of the same
elephant pooled their information, they would have arrived at a more
accurate description of the animal. In the same way, many problems can be
seen clearly, wholly, and in perspective only if the individuals who see
different aspects can come together and pool their information. When is
this alternative appropriate? When it comes to choosing courses of action
to a given problem, differences among the individuals in an organization
can help to increase the range and variety of alternatives suggested. The
channelling of differences into a problem solving context may help to deal
with some of the feelings, which often accompany disagreement-frustration,
resentment, and hostility. By providing an open and accepted approach, the
manager helps to prevent undercurrents of feelings, which could break out
at inopportune moments. He also helps to channel the energy generated
by the feelings into creative, rather than into destructive, activities.
Whereas conflict tends to cause individuals to seek ways of weakening and
undermining those who differ with them, the problem-solving approach leads
individuals to welcome differences as being potentially enriching to one's
own goals, ideas and methods What are the difficulties and dangers in
this approach? To utilize differences requires time. Often it is easier
for a singular individual (rather than two or more persons) to make a
decision. Also, when a rapid decision is required, it may be easier and
more practical to ignore one side of an argument in order to move into
action. Finally, unless a problem solving situation is planned with
some care, there is always the risk of generating conflict which will be
frustrating to all parties concerned. To be continued next
month
Sugar prices still weak The sugar market
has been in a clear downtrend since the highs in the 10.50 c/lb area seen
in July 2000. There have been a number of failed attempts to break out of
that downtrend but, if anything, the fall in prices has accelerated over
the last year. Since January this year, prices have twice found support at
around 4.84 c/lb - the low made in late February 2000 - and this
encouraged the funds to believe that the bear move was running out of
steam. They covered their shorts, went long and the market rallied to make
a false breakout from the steeper downtrend. The breakout failed because
of the producer selling that capped the market at 6.0 c/lb. From a
fundamental point of view the whole move over the last two years - from
lows to highs to lows again - can be ascribed to Brazil. Prices were low
at the beginning of 2000 because of the recently expanded production in
Brazil following the end of the Proaclool programme. A drought in South
Brazil led to expectations of lower production and prices doubled.
However, neither production nor exports were as low as feared and prices
have been sliding since then. The reason we believe that prices have
already double-bottomed twice below 5.0 c/lb is not that there is a huge
amount of buying there, but rather that the producer selling runs out. At
those prices we are below the cost of production for even the most
efficient producers and none of them are in any particular hurry to lock
in a loss. Particularly as most of them (apart from the Australians) are
in a better cash flow position. The way that Brazil has come to
dominate the world sugar market has enormous consequences for future price
moves. As other producers drop out or scale back, the world price becomes
tremendously sensitive to any changes in production within Brazil.
Sometime over the next ten years it is almost inevitable that Brazil will
suffer some sort of weather related set back. Prices will react
accordingly. Date: 14/06/2002 12:52:00
Long liquidation from the funds has fed on itself over the last few
days, driving the market down once again into the low 5.0 c/lb level.
Trade scale buying has been evident at every point down - almost certainly
for the Russians - but this has proved insufficient to prevent the
collapse. Yesterday saw a technical correction after a series of down days
but the corrective rally ran into good scale selling. The current fund
long is now estimated at somewhere close to 20,000 lots - down from a
recent estimated high of 38,000 lots. This is giving the bulls hope that
the fund liquidation will soon dry out although the bears believe that the
funds could now go short again. If they do, then that will mean further
weakness. The bull argument has been that producers won't follow the
market lower because they are well financed and that they will store their
sugar rather than sell it below their cost of production. To a certain
extent this is probably true - and the lack of producer selling explained
why the funds and locals (with an assist from the Russians) managed
recently to push the market up to 6.0 c/lb. Once it got there, however,
the producers were keen sellers - and not just for this year but also for
next. The main sellers, of course, were the Brazilians, looking to take
advantage of their weakening currency and lock in returns as far forward
as possible. With the world moving back into a statistical surplus, other
producers may also have decided that 6.0 c/lb was not that unattractive
after all - even if it is still below their cost of production. Some
traders have been bullish recently because of the steadiness of the
physicals on good off-take from Iran, Egypt and Russia. Unfortunately,
reports that Iran has more than doubled import tariffs have cast a shadow
over their recent purchases while the larger than anticipated shipments to
Russia are weighing on cost and freight values. As the world price drops
it becomes less unattractive to import out-of-quota sugar into Russia and
this will absorb some of the surplus and may give some support to values.
After the end of June, however, all eyes are fixed on the one million
tonnes per month to be shipped out of South Brazil.
(Sugaronline.com)
The
Month in Business Telecom static ATN flexed its
muscle in its long running negotiations with the Guyana government over
telecom reforms by lobbying against an US$18m IDB loan promoting
information technology. ATN, parent company of GT&T, was unapologetic
over the move citing the U.S. Foreign Assistance Act which looks to
safeguard US companies' interests abroad and said it had lost faith in the
government as a negotiating party. President Jagdeo described the move as
blackmail. Soon after ATN President Cornelius Prior winged into Guyana
as the inevitable media war heated up. Prior said the two parties had made
some agreements in meetings in Trinidad including ATN giving up its
monopoly on data transmission in exchange for "a few things." What those
few things might be was still to be considered by the Cabinet. With
the continued acrimony it appears the much vaunted internet revolution and
even competition in the cellular phone market will be put on hold a while
longer.
DDL profits up Group profits for Demerara
Distillers Ltd increased by 10% in 2001 to $793m. Earnings per share
were $1.03 up from .84 in 2000 and the total dividend payout will be $231m
an increase of 30%. The group spent $1.245bn in capital expenditure
through overseas and local financing and states that it restructured its
financing so as to minimize financing costs Its shares currently trade at
$7.00.
Marks sparks The country was treated to the rare
spectacle of a plain talking public servant when events boiled over within
the Customs and Trade Administration. Chief Comptroller Lambert Marks
called an impromptu press conference accusing Commissioner of the GRA
Edgar Heyligar of putting pressure on him to authorise the release of
containers for certain businessmen. Marks also rashly alluded to
various unsolved murders and allegations of corruption. Things backfired
on him when an investigation was launched into the release of two
containers allegedly under invoiced to the tune of $700,000.
Bounty Farms opens $45m Meat Centre and
Supermarket Despite the current political and economic uncertainty
the John Fernandes Group of Companies opened a $45M Meat Centre and
Supermarket at Regent Street and Orange walk. Chairman Chris Fernandes
urged the government to find ways to attract investment and create jobs
saying as the elected party the onus was on them to find solutions to the
country's problems.
Linmine privatisation closer The
Government and Canadian Mining Company Cambior Inc signed an agreement
paving the way for a feasibility study on the resuscitation of the bauxite
industry in Linden. Cambior would take an 80% share of the new company and
the government the remaining 20% with Cambior expected to inject $30M to
upgrade equipment, the mine site and for working capital.
|