Business in Venezuela for Good or for Bad

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    Business in Venezuela for good or for bad

    By Kerly Siavichay Yagual

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    Introduction

    There exist several reasons that justify the creation of

    new rules or procedure, in order to regulate the functioningof the economy 1 , imposed by the State. Nevertheless the State

    always has been criticized by the double morality on having

    intervened with policies of economic regulation, which on the

    one hand look for a really collective benefit, limiting, in

    certain form, to the private sector. On the other hand, when

    the regulations 2 concern seriously the private sector, the

    State looks for the nationalization, and assumes the functions

    of the sector. Focusing on the Venezuelan economic sector, we

    can realize that the state has a strong control over most of

    the companies that provide higher incomes. After positioning

    Nicolas Maduro as President of Venezuela, the National

    Assembly passed the so-called "Enabling Act ", which allows

    Maduro, govern by decree for one year. During his rule Maduro

    has approved a law that increases controls and regulations on

    market prices for imported products, like cars, electronic

    products, etc. The Organic law for the control of prices,

    costs and profits of the private sector according to

    1 According to the Organisation for Economic Co-operation and Development(OECD)1997; Economic regulation generally aim to improve the efficiency ofmarkets for goods and services. These are restrictions imposed by the statepower company decision on prices, quantities, and input-output servicesmarket.2 (OECD)1995; the term "regulation" "include in this concept the full rangeof legal instruments through which public institutions at all levels,impose obligations or restrictions on the private sector. They can be

    considered as regulation: constitutions, statutes, implementingregulations, decrees, ordinances, rules, licenses, plans, codes and evencertain types of administrative instructions ".

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    Venezuelan President has one central objective is to defend

    economic liberties and economic rights of the people you work

    with. With that, it ensures the protection to "economic

    freedoms and economic and social rights of the working

    people."

    The answer here is: how this regulation can affect the

    business in this county? Searching for information on economic

    sector in Venezuela, it appreciates that the government

    practically dominates all the country economy due to the

    seizures of different enterprises. The state oil company,

    PDVSA, controls the petroleum sector. Government companies

    control the electricity sector and important parts of the

    telecommunications and media sectors. In 2008, the government

    nationalized cement and steel producers, as well as select

    companies in the milk and meat distribution sectors. In 2009

    it nationalized assets in the oil (including assets owned by

    U.S. oil services companies), chemicals, tourism, agribusiness

    (including a processed rice plant owned by a U.S. company),retail, and banking industries. In 2010, the government

    nationalized companies in the agricultural and construction

    sectors as well as U.S. assets in the petrochemical and

    packaging industries. Threats of continuing nationalizations,

    as well as other threats to property rights and an uncertain

    macroeconomic environment characterized by high inflation and

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    foreign exchange controls, have led to reduced space for the

    private sector and low levels of private investment. 3

    For implement regulations Venezuelan Government is basedon the imperfection of the market and the redistribution of

    richness that justified the state intervention in order to

    get a national fortune. 4 Thats why the foreign investment is

    not attracted to this country. Making business means gets an

    advantage from the sales, however, Venezuela President pretend

    that companies sell their products in accessible prices,

    affecting their incomes because of the payments of different

    taxes and quotes.

    Other question is: these regulations are made for good or

    for bad? According with the investigation the Latin America is

    a riskily sector to invest. 5 And Venezuela government wants to

    benefice the people that cannot purchase the products in

    higher price established by foreign companies. On the other

    hand the increasing interventionism of the government, with

    regular nationalizations, is obstructing the diversification

    of the economy and damage productivity. The fixing andcontrols on prices (for this to be equal to the average cost),

    the government releases of the aid to maintain economic

    3 All the information about the companies that form part of Venezuelan

    Government seizures was taken from: Global Business Knowledge net pagehttp://globaledge.msu.edu/countries/venezuela/economy 4 Roosevelt, (1944) "The really big fortune, the swollen fortune, by the

    mere fact of its size, acquires qualities which differentiate it in kind as

    well as in degree from what is possessed by men of relatively small means.Therefore, I believe in a graduated income tax on big fortunes." 5 Steve Johnson made an analysis in a web page:

    http://www.ft.com/cms/s/0/3ccd9d6e-6965-11e2-8d07-00144feab49a.html#axzz2o6Rvymew

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    activity, even if a certain degree of inefficiency remains. It

    is a simple and intuitive solution, but that does not

    stimulate the production efficiency.

    By the end of the 1980s, the structure of different

    economic sectors as banks, mining, even manufacturing, were

    dominated by thousands of small firms in the private sector

    and a few hundred large, mainly public-sector, enterprises.

    For these reasons governments also had established specialized

    institutions to propel the development of agriculture,

    industry, urban areas, tourism, and exports.

    Thats why Venezuela became a very nationalistic economic

    approach, so if both the Governor seeks to ensure good living

    citizens should make the companies of the public sector must

    be employed in an efficient way at terms of production,

    productivity, quality and costs with the purpose of producing

    goods of good quality and of low costs. It should give

    subsidies and credits to the small and medium companies. To

    raise the productivity and the competitiveness, doing that the

    workers and employees are part of the benefits. To createstrategic alliances between domestic and foreign enterprises

    to produce and to commercialize national and foreign products.

    The changes in regulations could be taken as Economic

    Barriers. Nowadays, in Venezuela there are many industries

    which are not developed as it should be due to lack of

    investment. Furthermore, government in Venezuela has created

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    some restrictions and business difficulties according with the

    Organic law for the control of prices, costs and profits of

    the private sector that do not make this country attractive

    to invest.

    Conclusion

    A constitutional rule of law is not achieved when there

    is an obvious inequality in theoretical terms. On the other

    hand government intervention and the importance of the

    Constitution are not questioned. There is good evidence that

    constitutional changes create conditions favorable to economic

    growth, although it does not generate an automatic economic

    and social improvement of a country. The Venezuelan government

    through its policies intended to encourage and strengthen the

    economy. "Benefitting" the people, but in turn forcing

    companies to lower the prices of their products and limiting

    the develop of private sector. Duties affect all industry

    sectors, excluding foreign exchange outflow, transfers, sends

    or transfers of funds abroad.

    Create strategic alliances between domestic and foreign

    enterprises to produce and to commercialize national and

    foreign products, is an strategy to be a successful country

    and expand sales to other countries and increase the national

    economy. Thats why the State should support small and medium

    companies, in order to increase the employment, revenue and

    production. The State must stimulate the development of the

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    scientific and technological research that makes possible the

    creation of own technology.

    Bibliography

    1. OCDE (1995): Recommandation du conseil concernant l

    amelioration de la qualite de la reglementation

    officielle, Pars.

    2. OCDE (1997): Reformer la Reglementation environnementale

    dans les pays de lOCDE, vol. I. Etudes sectorielles y

    vol. II. Etudes thematiques, Pars.

    3. Roosevelt, F. 1944. The Second Bill of Rights,proposing.

    4. Study Document: La Regulacion Economica el Preblema del

    Monopolio Natural.

    References

    1. Latin America could be risky business By Steve Johnson:http://www.ft.com/cms/s/0/3ccd9d6e-6965-11e2-8d07-00144feab49a.html#axzz2o6Rvymew

    2. Venezuela ECONOMY:http://globaledge.msu.edu/countries/venezuela/economyhttp://www.mongabay.com/reference/country_studies/venezuela/ECONOMY.html

    3. Maduro anunci la regulacin de los alquilerescomerciales y prohibi transacciones en dlares:http://www.infobae.com/2013/11/29/1527178-maduro-anuncio-la-regulacion-los-alquileres-comerciales-y-prohibio-transacciones-dolares

    4. Nicols Maduro anunciar nuevas regulaciones en losprecios de automviles:http://elcomercio.pe/actualidad/1667015/noticia-nicolas-maduro-anunciara-nuevas-regulaciones-precios-automoviles?ref=ecr

    http://www.ft.com/cms/s/0/3ccd9d6e-6965-11e2-8d07-00144feab49a.html#axzz2o6Rvymewhttp://www.ft.com/cms/s/0/3ccd9d6e-6965-11e2-8d07-00144feab49a.html#axzz2o6Rvymewhttp://www.ft.com/cms/s/0/3ccd9d6e-6965-11e2-8d07-00144feab49a.html#axzz2o6Rvymewhttp://www.ft.com/cms/s/0/3ccd9d6e-6965-11e2-8d07-00144feab49a.html#axzz2o6Rvymew