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CAPITALISM'S ACHILLES HEEL Dirty Money and How to

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30 CAPITALISM’S <strong>ACHILLES</strong> <strong>HEEL</strong><br />

transfer pricing within multinational corporations, the use of trade <strong>to</strong> shift<br />

money at will between parents, subsidiaries, <strong>and</strong> affiliates operating in dozens<br />

of countries. For many multinational corporations, exaggerated transfer pricing<br />

is st<strong>and</strong>ard procedure, a major part of global strategies <strong>to</strong> minimize taxes<br />

<strong>and</strong> maximize profits.<br />

Intracompany trade across borders represents about 50 <strong>to</strong> 60 percent of<br />

all cross-border trade. I have never known a multinational, multibillion-dollar,<br />

multiproduct corporation that did not use fictitious transfer pricing in<br />

some part of its business <strong>to</strong> shift money between some of its entities. In years<br />

past, chemical companies were a common example of falsified transfer pricing,<br />

taking advantage of proprietary products <strong>to</strong> move revenues <strong>and</strong> relocate<br />

profits. Then pharmaceutical companies became widely known for the same<br />

practice, invoicing as much as 10 times or more for the same product sold <strong>to</strong><br />

one subsidiary out of which profits were drawn as compared <strong>to</strong> another subsidiary<br />

where profits were permitted <strong>to</strong> remain.<br />

There are several firms that sell data on transfer pricing, that is, on the<br />

laws <strong>and</strong> regulations that exist in countries that attempt or do not attempt <strong>to</strong><br />

control transfer pricing. If you’ve got a question, contact Ernst & Young <strong>to</strong><br />

obtain the firm’s Transfer Pricing Global Reference Guide, offering “creative<br />

<strong>and</strong> practical solutions for your transfer pricing needs.” 6 For a hefty fee,<br />

they’ll tell you what’s legal <strong>and</strong> what isn’t in a selection of distant countries.<br />

That’s just <strong>to</strong> keep you informed, not <strong>to</strong> s<strong>to</strong>p you from using transfer pricing<br />

<strong>to</strong> shift revenues <strong>and</strong> profits with ease.<br />

The most marvelous example of transfer pricing I have ever encountered<br />

concerns diamonds out of South Africa, which illustrates what you can do in<br />

cahoots with a government. For more than a century millions of carats of diamonds<br />

were exported at essentially zero value, <strong>to</strong> be cut, graded, <strong>and</strong> sold<br />

abroad with most of the revenues kept abroad as well. The real volume <strong>and</strong><br />

value of diamond exports was a classified state secret. When I inquired I was<br />

<strong>to</strong>ld, “This was a decision by government. It was not allowed <strong>to</strong> identify a specific<br />

company or producer of diamonds for export or the value of diamond exports.”<br />

7 As a consequence, no one knows but the exporters what happened <strong>to</strong><br />

the hundreds of billions of dollars generated from diamond sales.<br />

The situation changed a few years after majority rule was achieved in<br />

South Africa. Today a Diamond Board assesses or approves the assessment of<br />

diamonds for export, <strong>and</strong> their quantity <strong>and</strong> value are published by the<br />

South African Revenue Service. In a recent month, exports of 66,560 carats

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