Not all cash flows from foreign operations can be remitted to the parent
company. Ways foreign subsidiaries remit funds to the parent:
1. dividends
2. management fees for central services
3. royalties on trade names and patents
Blocked funds – funds that cannot currently be remitted to the parent
Lecture Tip: While not an official blockage, the US tax code is
effectively causing firms to leave funds outside the US since they
would incur high taxes when the funds enter the US. This has been
a topic of recent political debates.
Lecture Tip: The following case may be used as a class example to expose the
class to the ethical problems involving shell corporations that
attempt to conduct business on the fringe of violating international
law.
In February 1989, the West German Chemical Industry Association
suspended the membership of Imhausen Chemie, a major West
German chemical manufacturer in response to the charge that
Imhausen supplied Libya with the plant and technology to produce
chemical weapons. In June 1990, the former Managing Director of
Imhausen was convicted of tax evasion and violating West
Germany’s export control laws.
In November 1984, a shell corporation had been established in Hong
Kong to conceal actual ownership of the chemical operations. In
April 1987, a subsidiary of the shell corporation was established
in Hamburg, West Germany for the purpose of acquiring materials
from Imhausen, thus circumventing German export laws. A
shipping network was established to fake end-use destinations and
sell to Libya.
Reports later surfaced that Libya had constructed a chemical weapons
factory. Imhausen did not deny the plant’s existence, but Imhausen,
as well as the government of Libya, claimed that the plant was
being used for the manufacturer of medicinal drugs. International
treaties forbade the use of chemical and biological weapons but
did not restrict chemical weapons facility construction. The
international community faced a further dilemma, as aerial
observation could not distinguish between a weapons plant and a
pharmaceutical plant. Additionally, such plants could easily be
switched to legitimate use in a few days.
While construction of the plant did not violate German or international
law, the ease of conversion from legitimate use to weapons
production raised questions regarding the technical