Monday, January 27, 2020

Money Laundering And Its Effect On Indian Economy Finance Essay

Money Laundering And Its Effect On Indian Economy Finance Essay Money laundering is the process by which money earned from illegal activities is converted to legitimate money. Money laundering has been and is taking place all over the world which in turn is affecting the economy of world. In a growing economy like India money laundering is a growing and serious problem but is mainly confined to domestic activities that are far from being only drugs related frauds, corruption and smuggling are obvious additional ones (Lilley, 2003).The governments of various nations have been taking various measures to prevent money laundering, however countries like India which is a developing country, are still suffering with the problem of money laundering as there is a lack of general understanding related to money laundering and how corrupt business and government officials exploit this ignorance for their personal benefit. Even though money laundering has been recognised as a dangerous crime by Indian legislative councils, however the lack of general underst anding and insincerity on the governments part to enforce the laws properly, the crime of money laundering is growing and having disastrous impact on Indian economy. According to estimates put forth by international accounting firms, India is estimated to have a parallel economy of nearly 40 percent of its $600 billion Gross Domestic Product. Thats some serious parallel banking system (Singh, 2009). According to Brave (2006), money laundering is the process of turning black money into white money. In India the problem of money laundering is not just limited to hard core criminals but also other division of the society such as like politicians, bureaucrats, stock brokers etc. The Indian Media both electronic as well as print media regularly report various instances of money laundering scams involving political leaders. One of most some of the prominent politicians of India accused of money laundering are the CMs of UP, Punjab and Kerala and Jharkhand. According to news report published in Indian Express, UP chief minister Ms. Mayawati was accused of laundering money by using novel techniques in order to avoid tax payment legitimately. Huge cash donations were made in her name by people who didnt existed and by fictitious people. When a CBI inquiry was ordered it was found that most of these persons who made the donations dont exist or their financial conditions were such that the y were in no positions to donate such large amount of money to her (Sarin [online] 2004). Ketan Parekh who was a stock-broker is another well known Indian who has faced money laundering charges. He was in the news primarily for his manipulative dealings in the stock of 10 companies, which included Digital, Global Tele, Himachal Futuristic, Infosys, Wipro and Zee Tele, better known as the K-10 scripts. Following a CBI enquiry in December 2002, Ketan was arrested. He was accused of transferring the money received from the BoI pay order scam to various tax heavens around the world and finally to accounts in the Swiss Banks (Barve [online] 2006). According to Jayaseelapandian (2000) if money laundering is carried away successfully it lets the criminals to have control over their money and help them cover their sources of income thus making their illegal money rightful. Money laundering plays a primary role in achieving the desires of drug trafficker, terrorist organisations, gangs of organised criminals, inside dealers, the tax evader as well as others who wish to stay away from any kind of interest from the authorities. The primary objective of engaging in this type of activity is to place the proceeds beyond the reach of any asset forfeiture laws. As per Agarwal et al (2004), the estimated value of money laundered globally using the banking route is in excess of US$ 500 billion to one trillion per year. They further state that the global money laundering also exposes a country to attacks from terrorists, which is serious threat to any countrys integrity apart from adversely affecting a countrys economy. Also, of the estimated money laundered every year worldwide using banks, half of this amount is laundered by using US banks. As money launderers are increasingly using the banking channel for laundering process, the banks have a key role to play in restricting the outbreak of money laundering. Money Laundering is not a simple process but a complex procedure involving bankers, lawyers, car dealers, real estate builders, accountants and people, who allow their business to be used by someone to launder the financial gains of a criminal activity. As stated in the above paragraphs, money laundering is a big problem and it doesnt affect just one or two countries but is present at global level specifically in developing countries like India. India where the financial sector has just been liberalized is at greater risk as criminals and people with ulterior intentions can exploit the ever growing financial sector for their corrupt activities. This project aims at bringing general awareness among the people working in financial institution, banking sectors etc about money laundering. This aim can be achieved by studying the money laundering activities taken place in India and different countries and what measures are taken to overcome it. BACKGROUND Uribe (2003) highlights that the word money laundering came into existence in the early 20th Century, but the practice of disguising income earned from unlawful activities can be traced back to the 13th Century B.C at which time the oceans and seas were used as international trade routes. With the changing profile money laundering over the years has become more and more expensive, time-consuming method to carry out and eventually risky. According to Lloyds (1997) the word money laundering originated from one of the most famous mafia Al Capone or Scarface who created a criminal organization in 1920s in the United States as a result of to their activities such as gambling, liquor profits etc. They wanted to conceal their illegal money and to do so they opened legitimate business in another country and mixed their illegal money with the white money. He further states that in 1930s mobster Meyer Lansky gave rise to number of ways to launder money in order to hide the money earned from gambling, sale of illegal alcohol etc. He understood the significance of creating businesses, as fronts for his illegal activities as well as means to launder money. He bought a Swiss bank to transfer the dirty money through different methods such as shell companies, holding companies and offshore bank account. For carrying out illegal activities casinos are one of the most notorious business fronts. In the 1940s Las Vegas was notorious fo r being a tool of money laundering, and was fully exploited particularly by Lansky and Benjamin Bugsy Seigel. It can be said that Lansky was the first to establish modern form of money laundering and tax evasion. Furthermore, Uribe (2003) states that the concept of money laundering is certainly not new. People who undertake criminal activities for financial gain have always strived to keep all attentions away from their illegal activities and profit from their efforts. Day by day the methods of disguising money earned from illegal activity is becoming sophisticated. There are numbers of reasons for this of which some are given below. The globalisation of the financial system: In todays world technological advancements in communications and transportation have allowed the cover up of crime and its proceeds to become a much easier task. In matter of seconds money received from illegal activities can be wire transferred from one financial institution to another; Crime has gone global: It is no longer enough for enforcement authorities to be aware of what is occurring within their own jurisdiction. They must anticipate and cooperate with other authorities and jurisdictions as criminal activities can spread very fast. In addition, criminals no longer have the want to be confined to one country. They have understood that in order to avoid detection by law enforcement and local authorities it is safer for them to shift their property and business between countries. Thus as a result, international criminal organisations shift property from one country to another by taking advantage of the negligent legislation present in some countries that offers safe havens for foreigners looking to hide their money. In simpler terms money laundering can be defined as converting illicit money to legitimate money. This type of money is earned from smuggling, drugs, prostitution, gambling etc. It is the process in which the money earned from criminal activities are transported, transferred, transformed, converted into legal money to hide the actual source of income (Richards, 1999). Money laundering may involve various kinds of financial institution, multiple financial transactions, and the use of intermediaries such as financial advisers, accountants etc from different countries (Schott, 2006). The people in developing countries like India dont know what money laundering is and if they are asked about money laundering they would think it is to do with washing or drying of currency notes. Money laundering was not taken as big crime in the beginning but after the terrorist activities this has been taken as a serious issue and government have started taking action to control it (Barve [online] 2006). According to Jost et al (2002) money laundering in India can be traced way back to 1985 in the Choraria case in which the British courts convicted Choraria for trafficking of controlled drug known as heroin. Choraria was a banker who enabled payment for heroin imported to Britain illegally to be transferred to India. He had opened two legal businesses one was import/export and the other was a remittance business and part of the remittance business was Hawala. He had dealers transferring the funds in Karachi and Mumbai as part of heroin smuggling. Kumar (2003) highlights that India was one of the first countries in the world to introduce anti-money laundering legislation, way back in 1939 which was a wartime measure, in 1973 FERA (Foreign exchange control Act) came into force; more recent laws include the Foreign Exchange Management Act 1999 and the Prevention of Money Laundering Act 2002. But despite these laws in place, it was never forced in earnest. Laws such as FERA and now FEMA are regularly used by politicians to settle political scores against each other. AIM AND OBJECTIVES The aim of this project is to bring general awareness among the people working in financial institution in India regarding money laundering and how it is perpetuated and to fill the vacuum created by lack of training and research material related to the topic. Hence creating an environment where exploiting in the situation by corrupt officials and powerful people becomes more difficult and the potential damage to the economy can be minimized. Thus the following objectives would be studied to achieve the aim . Identify and analyze the process of money laundering and also research over the origin, core concepts and the evolution of money laundering with emphasis on Hawala or Hundi. Identify the factors which are providing impetus to the crime of money laundering. Why Anti Money Laundering laws are needed. Identify and research the current AML (in brief) in place around the world. Identify and discuss regulation of money laundering laws in India Gathering domain expert views over the running practicality of money laundering laws globally in general and specifically in India. . LITRETURE REVIEW Uribe (2003) highlights that the word money laundering came into existence in the early 20th Century, but the practice of disguising income earned from unlawful activities can be traced back to the 13th Century B.C at which time the oceans and seas were used as international trade routes. With the changing profile money laundering over the years has become more and more expensive, time-consuming method to carry out and eventually risky. According to Lloyds (1997) the word money laundering originated from one of the most famous mafia Al Capone or Scarface who created a criminal organization in 1920s in the United States as a result of to their activities such as gambling, liquor profits etc. They wanted to conceal their illegal money and to do so they opened legitimate business in another country and mixed their illegal money with the white money. He further states that in 1930s mobster Meyer Lansky gave rise to number of ways to launder money in order to hide the money earned from gambling, sale of illegal alcohol etc. He understood the significance of creating businesses, as fronts for his illegal activities as well as means to launder money. Furthermore, Uribe (2003) states that the concept of money laundering is certainly not new. People who undertake criminal activities for financial gain have always strived to keep all attentions away from their illegal activities and profit from their efforts. Day by day the methods of disguising money earned from illegal activity is becoming sophisticated. Money Laundering Process Money laundering is the process of changing the source and ownership of capital and assets earned through criminal activities to a legitimate source (Great Britain, 2009) According to Hopton (2006) Money laundering can be done in many ways. It can be a simple method or a complex method which could include international businesses and investments. However, as per the law money laundering has been defined in three stages namely placement, layering and integration. Placement: As per Molander et al (1998) placement is the first step in the money laundering process wherein the money earned from illegal activities is processed in the financial system. In this process the illicit takings is most open to detection. Gilmore (1999) highlights that the main aim of this stage is to move the money from the place it has been earned so as to avoid detection from the authorities. In this stage it has the greatest risk as the dirty money is deposited in financial institutions or used to buy asset. Once the money is forwarded to the financial institution placement takes place. Furthermore, Schneider et al (2008) states that placement can be done in many ways namely primary deposit in which people know that it is the right time to put illegal earnings into a legal financial system without drawing attention of regulatory agencies. The money is separated in limited amounts so that no identification or documentation is required while depositing the illegal money. The other method of placement is by opening new bank accounts in different countries also the corrupted co-workers are used as a way to place illicit money. When money is deposited in banks abroad it helps to enter financial or economic cycle. Another way of placement is through secondary deposit wherein the illicit money is transferred indirectly in the bank system thus converting it into legal money with the help of legal person. The name of unknown individual who work for them is used to open up new accounts, buy assets, open up a company etc. Indirect placement can also be accomplished by forward displacement of the money laundering location onto life insurances, financial service provider and exchange offices Layering: According to Chaikin (2008) this stage involves separating of illegal money from its origin by involving many layers of financial transactions and transfers. As per Gilmore (1999) it is the converting of dirty money to clean money in which the cash is split through various methods which are specially designed to cover the dirty money. It helps to cover the audit trail and provides secrecy. Layering is achieved by purchasing assets of high value such as diamond or by moving money into banks abroad or by overbilling of the value of imported goods. This stage is also known as agitation stage. Moreover, Schneider et al (2008) states that due to the electronic payment system and lack of efficient criminal prosecution helps to make layering process possible. Integration: Gilmore (1999) states that this stage takes place once the layering process is successful. The money is transferred back to the launderer as clean money and is mixed with legitimate economy and financial system. Integration process is generally achieved by setting up unknown institution in places where secrecy is assured. New forms of businesses give way to integration process such as a person can open a webpage and change his dirty money to clean money by showing income from the webpage. Figure1 shows the stages of money laundering. Figure 1: Stages of Money Laundering (Source: http://money.howstuffworks.com/money-laundering1.htm) In India the Reserve Bank of India (RBI) panel suggests that the existing anti money laundering laws needs to be strengthened. They have proposed strict rules to fight money laundering activities and according to which the banks need to improve the procedure and policies for creating proper customers profile and coordinate an cooperate with regulatory and other authorities. According to the panel, to stop money laundering the banks working in India must check the sources of funds in deposit schemes offered to expatriate Indians. The banks should appoint anti-money laundering compliance officer to check and maintain profiles of customers. A data bank for suspicious transactions should be created and forwarded to banks to help them identify the method of doubtful behaviors. The anti money laundering software was launched in India on 17th of September 2003 by Infrasoft Technologies known as OMNI Enterprise, which was first software adopted by India globally (Agarwal et al, 2004). Estimating how much money is actually laundered in the United States, or any other country, or globally is extremely difficult. Money Laundering is a largely secretive happening. The exact number of launders that operate every year, how much money they launder in which countries and sectors, and which money laundering techniques they use is not known (Brigitte Unger, 2007). However, a sustained effort between 1996 and 2000 by the FATF to produce such estimates failed. In fact, no direct estimates exists of how much money passes through the financial system, whether broadly or narrowly defined, for the purposes of converting illegal gains into a non-traceable form (Peter Reuter and Edwin M. Truman,2004). John Walker (1995) was the first to make a serious attempt at quantifying money laundering and initial output. His model suggests that US$2.85 trillion are laundered globally. As per an estimate of the International Monetary Fund, the aggregate size of money laundering in the world could be somewhere between two and five percent of the worlds Gross Domestic Product. While it is impossible to state how much money is laundered every year with authority, it is estimated that US$300 billion to US$500 billion in proceeds from serious crime (not tax evasion) is laundered each year (Scott, David. 1995). Though data on the size of money laundering is scant, UK and US officials estimate that the amount of money laundered annually in the financial system worldwide was roughly $500 billion some 2% of global GDP (Quirk, Peter J., 1997). According to international accounting firms, India is estimated to have a parallel economy of nearly 40 percent of its $600 billion Gross Domestic Product (Sing h, 2009). Table 1: lists several specific estimations of the value and extent of money laundering worldwide. Publication year Estimation year Estimation of Global ML Source 1995 1995 US$100-500 billion John Walker 1998 1997 US$ 300-500 billion U.S. Department of State 1998 1998 2-5% of the global GDP Michel Camdessus IMF 2002 1998 US$ 800 billion to US$ 1.5 trillion Simon Maylam 1998 1998 US$ 2.85 trillion John Walker 2004 US$ 45-280 billion Reuter and Truman 2005 US$ 1 trillion Baker 2008 US$ 1.425 trillion AUSTRAC 2009 2-5% of the global GDP (US$ 800 billion to US$ 2 trillion) UNODC (Source: Alkaabi et al, 2010) Hawala According to Fritsch et al (2001) the Hundi system can hardly be tracked and was developed many centuries before by bookkeepers who were keen to prevent bandit attacks on transcontinental caravans. In this system the money changer takes money from its customer to transfer it to another person in a foreign city which is often done within a day. The changer calls a colleague in the receivers country to deliver the money. To receive the money the beneficiary needs only a receipt which is generally a bank note or a code word mailed by the sender. This method is guaranteed not by fixed assets but by fear. Moreover, in Hawala system Bank notes and pictures are torn in half, and one half is given to the customer and the other is mailed to the beneficiary. The two halves needs to match for the transfer to be completed (Nove, 1991 cited in Carroll, 2007) However, Lilley (2003) highlights that Hawala or Hundi is a substitute or parallel process of transferring money. It exists and runs outside of, or parallel to, traditional banking or financial systems. Hawala was established in India before the Western banking system was introduced, and is one of the most common methods used In India and around the world to launder money. This system provides secrecy as there is no paper work and is based on trust. The money is not transferred physically. In this system the client goes to the broker in one country and asks to make payment to another person in another country. The broker then calls his coworker in the destined country and asks to make payment to the recipient. As a result no paper work is done and is based on trust. The funds are physically transferred at a later stage between the brokers. Furthermore, Mirza (1996) cited in Carroll (2007) states that in the Hawala system transfer of money is confirmed through telephone, email and fac simile. This method even offers pick-up and delivery of money. Dougherty (2006) highlights that Hawala is a value transfer system which has been in use for 1200 years. It can be said as a poor mans Western union wherein they pay 1% of the value sent. It is described as informal value transfer system and is recognized as alternate remittance system. As this method of transferring fund is very difficult to track, it is estimated that $100 billion to $300 billion of money is laundered through them every year. He further states that according to Interpol, with language that leaves and error, Hawala system of remittance can be said illegal in India. As per the law in India the conception of Hawala, such as transfer of value is illegal but more than that under the jurisdiction of foreign currency exchange laws, when Hawala deal includes foreign currency it goes beyond the line of illegality. Hawala can be used in any stage of money laundering for instance in the placement stage the customer can give the money to the broker. In the layering stage the m oney can be separated from the source and leave a puzzling or nonexistence trial and in the integration stage the money transferred from one country to another is difficult to track using Hawala. Hawala system helps in converting illegal money into legal money. The word Hawala is an Arabic word which means moving of money or information from one person to another using the help of third person. This method of transferring money is not traceable by authorities as no paper work is left behind. To launder the money the profits made out of Hawala transactions are put in real estate, films etc (Devi et al, 2010). Also, Hawala is assumed to be used by terrorist to transfer assets (Fernandes, 2002). One of the well known Hawala or foreign exchange case in India was the S. K. Jain (a Hawala broker) case who was arrested in 1991. Huge amount of Indian and foreign currency, some notebooks and a diary was discovered during the searches done in his and his familys property. The diary contained the initials of high level politicians to whom large amount of money were said to have been paid illegally (Wescott et al, 2009). Furthermore, Chopra (1996) highlights that the diary which was found during the search listed a sum of $18 million that was given to the government officials. Although Hawala is illegal in India, it is the corrupt politicians who give rise to such method. Factors which are providing Impetus to the Crime of Money Laundering (Vijay Singh) Many reasons can be attributed to the rising instance of money laundering around the globe of which some are given below. No agreements for sharing tax information with other countries Availability of instant corporations Corporate Secrecy Laws as the corporate law of certain countries enable launderers to hide behind shell companies. Excellent Electronic Communication internet, mobile phones, phones Tight Bank Secrecy Laws A Government that is Relatively Invulnerable to Outside Pressures A high degree of Economic Dependence on the Financial Services Sector A Geographical Location that Facilitates Business Travel to and from rich neighbors. Increase in sophistication and employment of professional people for doing the task. The politician-criminal nexus The lack of effective control over contributions to political parties and election expenses. This enables criminal elements to use their contributions to the political process as a safe channel for money-laundering and for gaining political influence to incapacitate the intelligence and investigating agencies so that they cannot effectively act against them(Raman, B., 2009). According to Agarwal et al (2004) Money Laundering is more vulnerable in the private banking sector due to the following six reasons thus giving rise to instances of money laundering. Private Bankers as Client Advocates The main players in private banks are the bankers who are trained to serve their customers. They open up accounts and move the money around the world using secret tools and financial systems. The private bankers are encouraged by their banks to create personal relationship with their customers by visiting their homes and organizing their financial affairs. As a result of this the private bankers may feel loyal for their customers and may avoid the controls made to detect or stop money laundering. Powerful Clients The customers of private banks may use political or economic power because of which the banks become concerned to fulfill their needs and ask very few questions. Also if the customer is a government employ with control over the banks in country procedure, the bank has grounds to evade fraud. Culture of Secrecy In a private bank secrecy is maintained and one of the examples is that in Swiss banks, accounts are opened by using numbers. Also, the private banks and clients use many levels of privacy to hide accounts and transactions. They open up shell companies to hide the identity of the owner of the bank account and also open up accounts in code names. Secrecy Jurisdictions Some private banks follow business according to secrecy jurisdiction and if the banking information of the client is disclosed it may be illegal and action can be taken against it. Culture of Lax Control At the time to follow the anti-money laundering controls it is the private banker who is asked to check the enforcement of anti money laundering controls. They check the history of their prospective customers and also monitor existing accounts for any fraudulent activity. Also, they are the ones to open any new account and increase client deposits. The private bankers become the advocate for their customers and do not follow the procedure to check their transactions. They do not ask enough questions about their funds and do not record the information provided in a proper form. Cut Throat Competition As a result of competition in the private banks for clients to increase their profitability, money laundering problem is increased.

Sunday, January 19, 2020

Nature Walk

Naturally Urban It’s a bizarre concept, really. The idea of large natural parks smack dab in the middle of large cities. But I guess no one put them there, but rather we’ve built up around them. Nature is defined as â€Å"the natural world as it exists without human beings or civilization. † When people talk about â€Å"nature† the first thing that generally comes to mind is picturesque landscapes fit for calendars and desktop backgrounds. A Google image search of the word nature returns over 3,290,000,000 results of too good to be true photos of waterfalls, canyons, mountains, palm trees and lagoons.Each of these landscapes seems to be a snapshot of some distant natural beauty that is somewhere far away from industrialization. Not one image hints at the idea of human interference. The message these pictures convey is that nature exists only completely disconnected from human life and civilization. Similarly, a common first thought response to the world â €Å"wildlife† is visions of large animals roaming jungles and deserts and forests, in deep unpopulated areas.I’ll admit that I definitely perceived nature this way for a good amount of time. Recently, however, I’ve adopted a new idea. Obviously influenced by living in the Bronx and having to re-adjust to the concept of nature, I think I’ve developed a greater appreciation of it. Van Cortlandt Park, spanning over 1,146-acres and ranking as the fourth largest park in New York City sits right next to me. In New York, it boasts one of the highest rates of rare plant species and is home to wildlife not seen many other places in the city.On paper in comparison to many of our countries national parks and wildlife conservancies, it is an unimpressive blip in the guide book. But I’ll argue that picture perfect landscapes in the middle of nowhere have less to prove than a deeply nature rich park competing with the urban spectacle of one of the biggest cities in the world. I think it’s the stark contrast that allows for a deeper appreciation of what nature is. I couldn’t explain this in words until I walked from my apartment down to Van Cortlandt Park for the first time.When I walk out of the front door of my three story walk up-overpriced-student apartment- I’m immediately greeted by the familiar scent of garbage piling up on my curb and the sight of scaffolding for construction that never seems to be finished, if it’s even been started. Walking down 238th street the air is thick with the aromas of Chinese food and pizza and that weird stale beer smell that wafts out of Fenwick’s bar in the daylight. Deranged looking squirrels are fighting over what looks to be the sorry end of a bacon egg and cheese thrown on the ground.A standard lulling sound of traffic, people and bustle is all I can really hear. Strangely, as I descend upon the steep 238th stairs down to Broadway, what lies ahead is an even more urban and bustling scene. The stairs themselves are a treat as well. The pits that lay on either side of the railings are filled with a grab bag selection of beer bottles, soda cans, plastic bags and any other trash someone couldn’t throw in a garbage can. The stairs are also shadowed by two high rise apartment buildings packing in more people than I could probably imagine.As I get closer to Broadway the focus seems to be on the loud rumble and screeching of the subway overhead, with lots of people racing up the stairs to get on. Walking on Broadway towards the park is dark and shady from the subway. When I near 242nd street, I could throw a rock to 4 different fast food places, a liquor store and a few bars. Gypsy cab drivers are standing around the Dunkin Donuts acting as friendly loiterers but asking if I need a ride. I contemplate grabbing an iced coffee but then feel strange about bringing it into the park as I attempt to experience nature.My caffeine fix can wait I gues s. Crossing the street to the park entrance is almost laughable. Dodging four lanes of traffic and a bus route, I find myself standing safely on the other side. After shuffling around a crowd of people waiting for the bus, I enter the park and walk towards the conservancy. Would it be dramatic for me to say the air changed? I’m willing to say that it did. I kid you not it was fresher. The sound of the subway was gone and the air felt like something you were happy to breathe in. It smelled like good old fashion nature. I smell dirt and grass and its lacking any cheap food stench.The conservancy looks as old-world as the rest of the park makes you feel. The stones are weathered and the architecture is a far cry from high-rises and bodegas. Walking further into the trail I notice you can feel the life in the area. Without the outside noises I can feel every crunching footstep and ever rustle in the leaves. I’m not one to notice birds, but for some reason I take note of a few flying in and out of the tree line. Looking at the different plants is interesting. Something I would normally just classify as leaves I notice there is a great variety. My mind wanders to survival.My school bag suddenly feels like a bag of supplies and I feel like I’m in an episode of LOST. That makes me smile when I remember I can still probably throw a rock and hit Burger King. The trees are magnificent. Tall and dignified and old. The understory trees are strong and full. I fall victim to technology when I find myself trying to lookup what kinds of trees they are on my phone. Understory tree species come up as Ironwood, American Hop Hornbeam, and Flowering Dogwood. The taller trees yield results of Tulip Tree, Red Oak, White Oak, Bitternut Hickory, Sweet Gum and White Pine.The pictures are so tiny on my phone I can barely use it as a guide. I make a mental note to look when I get home. I sit down for a minute to try and get a full surroundings view. It feels really ni ce to be sitting here in this beauty. I feel like I haven’t seen this many trees in a long time. I don’t really see much animal life besides a few squirrels and birds, but I know it’s there. I can feel movement in the space. Insects of a dozen different kinds are under a rock I turn over which is cool. Bugs don’t scare me and I like knowing where to find them. They’re so small and seem particularly hard to identify.I check my phone and realize I should probably head out if I plan on making it to my next class on time. I’m going to need to follow the same route back to campus. Over the traffic and up the stairs out of this haven I’m in right now. It’s sad to say this is the first time I’ve done this, sat here and enjoyed the park. I’ll need to come back for sure and spend more time. Replacing the movement of people and things out on Broadway with trees and wildlife down here is an amazing feeling. I’m almost positive this place would not seem so beautiful if the urban landscape of the rest of the Bronx wasn’t right outside the gates.

Saturday, January 11, 2020

Introduction to Negotiation

Introduction to Negotiation Negotiation is and activity that every individual caries out in his everyday life. We are constantly negotiation with ourselves, our family, friends, business, etc. Every activity that happens is the result of a negotiation – â€Å"Pros and Cons†. And thus negotiation can be defined as; â€Å"The means by which people deal with their differences† Negotiation is a continuous and an evolving process especially in a supply chain environment. A company cannot meet the expectation of its customers or shareholders single handed and thus there is lot of negotiation is involved and it is a continuous process.It is a process that emerges when there is a difference and it cannot be settled single handed without a negotiation. Negotiation is not necessarily a win-loose process, but a good negotiation process is where both parties accept a mutually beneficial or amicable solution. A Negotiation can be distributive or integrative depending on how i t been conducted. A negotiation which involves hard bargaining and is mostly concentrated on one topic where usually the winner takes all is a distributive negotiation. There is little or no attention paid to relationship, consideration or sharing of information and are very aggressive.On the contrary an integrative negotiation is a process in which all parties cooperate to maximize the benefit to all parties and is commonly referred to as expanding the pie. There is lot of understanding among the parties and importance is paid to how more value can be generated in a continuing partnership. Sometimes depending on the topic a negotiation can get very complex. It could get into a Multi Phase Negotiation stage where one negotiation could lead into another negotiation with the complexity increasing at each stage.It could also get into a Multiparty Negotiation where the needs and want of other parties will require to be explored and will be included into further negotiations. Though ther e are many types or causes of negotiation, it is always important for an effective negotiation to underline once BATNA (Best Alternative To A Negotiated Agreement) and their Reservation Point. A BATNA is something which every negotiator should have, and is completely under his control. With this he should be able to set up his reservation point, something beyond which he should not negotiate.Once these are clearly understood and negotiated up on, we can at most of the time identify the ZOPA (Zone of Potential Agreement), which in most of the times overlaps both parties’ reservation points. Apart from the above other main elements that plays an important role in a negotiation and the most important is listening. Both parties should pay attention, listen and acknowledge the other parties BATNA and Reservation Points. This will not only improve relationships and achieve in establishing a ZOPA, but could also be beneficial to other departments or other entities that could have c onnection with your unit or industry.There should also be lot of preparation involved prior to a negotiation and preparation should focus on all areas. While a negotiation can be very effective, it could have several barriers. Therefore it is always important that some level of effort is put in in prior and during the negotiation. It is important to respect all parties and acknowledge their interests and concerns. Finding areas of common interests and sharing same, providing a comfort zone for negotiation, talking about past experiences, etc. , are some of the few ways to unwind before going into a negotiation process directly.Similarly it is important that during negotiation a process is clearly followed. The point around which discussion is taking places is well identifies and not deviated from and a clear time line is established. It is also important that the right persons are involved during the negotiation and the points negotiated upon is justifiable There should be room for flexibility all barriers like lack of trust, excessive bargaining, being reluctant to share information, structural impediments in putting inappropriate people at the discussion, cultural and gender difference any inds of spoilers should not be used and the language used should be simple and understanding to all parties. Mental barriers like Escalation, Partisan Perception, Irrational Expectation, Override confidence caused by ego, having shifting BATNA, not having a clear breakpoint, not understanding the other person, not sharing problem and understanding viewpoint, feeling invincible, etc. and should not be used during a negotiation process. While there are no rights or wrongs, style also matters in a negotiation. This often reflects on the kind of person one is always best to consider how to proceed.There are 5 different styles and each can be detailed as below; Avoiding style is when you hates conflicts and try to avoid them at all cost. It is often associated with trying to wi thdraw from situation or try to pass the decision to someone else and hence very difficult to arrive at a conclusion. This kind of style can be used if the issue, relationship, decision is of less importance, but can cause problems if the relationship or issue is of importance. Using this too often can have a negative feeling. Accommodating is when trying to use relationship to solve a conflict.On the contrary if the other person is not accommodating and takes advantage there is nothing returned in the negotiation process a negotiation can be accommodating when no much importance is paid to the issue or when there are not arguments on one’s side of the table. This can often create problem if the outcome is going to be shared at it could show that other are taking advantage of your position. Competing is like trying to win and take control of the situation or considers a negotiation as wining and loosing.There is no attempt made on collaboration, or cooperation from others and if used often shall loose self-respect eventually. A competing strategy can be during a negotiation if there is an emergency and a decision is imminent. It could also be that one side is confident that they are right and have all the supporting’s and the situation is under their control Compromising negotiation often tries to find something amicable. This often results in giving and taking with moderate satisfaction to both parties. This could create problem while negotiation on very creative problem and could be used the working together s important with limited resources A good solution is often considered as a bottleneck and any collaboration is considered as forcing something on. Collaborating is more a problem solving style of negotiating. They are very imaginative who think about win-win situation and thing of expanding the pie. Issues and relationship are both given importance along with being cooperative and creative. All concerns are well addressed and as a result w ill not be able to exercise if time frame is too short. It is also not applicable the issues are trivial or no much preparation or rehearsing time.A negotiation can also be different when negotiation for yourself or for others. When negotiation for yourself you often tend to negotiate what is most beneficial to your whereas on the other hand when negotiation for a third party there is often a personal gain side that is looked at especially is cases where negotiating for a property via a real estate agent. However a third party negotiator can bring with him lots of experience that could also be very beneficial and will assist in a negotiation process. Thus for a negotiation it is important to understand one own style and to determine the other persons style as well.This will avoid unpleasant surprises during a negotiation. and will assist in the effective preparation of BATNA and reservation points We can thus understand that the process of negotiation is continuous and needs to be c onstantly improved. It is a process that needs to be understood and required to be planned and monitored using various strategies and resources. As part of continuous improvement it is important to create a process, train all participants to follow and monitor the process. This process can be improved by learning and summarizing from reflection after a negotiation.It is also important to consider that every negotiation must have a preparation process where goals and expectation are clarified. A clear BATNA have to be defined which everyone in the team is well aware off. Any smart suggestions need to be recognized and suitably rewarded. Develop a process that works best for oneself and use it to evaluate what works best and willingness to follow the process. And the most important to remember that all negotiations cannot be won and not to be abandon just because we are not able to achieve what we perceived. Introduction to Negotiation Introduction to Negotiation Negotiation is and activity that every individual caries out in his everyday life. We are constantly negotiation with ourselves, our family, friends, business, etc. Every activity that happens is the result of a negotiation – â€Å"Pros and Cons†. And thus negotiation can be defined as; â€Å"The means by which people deal with their differences† Negotiation is a continuous and an evolving process especially in a supply chain environment. A company cannot meet the expectation of its customers or shareholders single handed and thus there is lot of negotiation is involved and it is a continuous process.It is a process that emerges when there is a difference and it cannot be settled single handed without a negotiation. Negotiation is not necessarily a win-loose process, but a good negotiation process is where both parties accept a mutually beneficial or amicable solution. A Negotiation can be distributive or integrative depending on how i t been conducted. A negotiation which involves hard bargaining and is mostly concentrated on one topic where usually the winner takes all is a distributive negotiation. There is little or no attention paid to relationship, consideration or sharing of information and are very aggressive.On the contrary an integrative negotiation is a process in which all parties cooperate to maximize the benefit to all parties and is commonly referred to as expanding the pie. There is lot of understanding among the parties and importance is paid to how more value can be generated in a continuing partnership. Sometimes depending on the topic a negotiation can get very complex. It could get into a Multi Phase Negotiation stage where one negotiation could lead into another negotiation with the complexity increasing at each stage.It could also get into a Multiparty Negotiation where the needs and want of other parties will require to be explored and will be included into further negotiations. Though ther e are many types or causes of negotiation, it is always important for an effective negotiation to underline once BATNA (Best Alternative To A Negotiated Agreement) and their Reservation Point. A BATNA is something which every negotiator should have, and is completely under his control. With this he should be able to set up his reservation point, something beyond which he should not negotiate.Once these are clearly understood and negotiated up on, we can at most of the time identify the ZOPA (Zone of Potential Agreement), which in most of the times overlaps both parties’ reservation points. Apart from the above other main elements that plays an important role in a negotiation and the most important is listening. Both parties should pay attention, listen and acknowledge the other parties BATNA and Reservation Points. This will not only improve relationships and achieve in establishing a ZOPA, but could also be beneficial to other departments or other entities that could have c onnection with your unit or industry.There should also be lot of preparation involved prior to a negotiation and preparation should focus on all areas. While a negotiation can be very effective, it could have several barriers. Therefore it is always important that some level of effort is put in in prior and during the negotiation. It is important to respect all parties and acknowledge their interests and concerns. Finding areas of common interests and sharing same, providing a comfort zone for negotiation, talking about past experiences, etc. , are some of the few ways to unwind before going into a negotiation process directly.Similarly it is important that during negotiation a process is clearly followed. The point around which discussion is taking places is well identifies and not deviated from and a clear time line is established. It is also important that the right persons are involved during the negotiation and the points negotiated upon is justifiable There should be room for flexibility all barriers like lack of trust, excessive bargaining, being reluctant to share information, structural impediments in putting inappropriate people at the discussion, cultural and gender difference any inds of spoilers should not be used and the language used should be simple and understanding to all parties. Mental barriers like Escalation, Partisan Perception, Irrational Expectation, Override confidence caused by ego, having shifting BATNA, not having a clear breakpoint, not understanding the other person, not sharing problem and understanding viewpoint, feeling invincible, etc. and should not be used during a negotiation process. While there are no rights or wrongs, style also matters in a negotiation. This often reflects on the kind of person one is always best to consider how to proceed.There are 5 different styles and each can be detailed as below; Avoiding style is when you hates conflicts and try to avoid them at all cost. It is often associated with trying to wi thdraw from situation or try to pass the decision to someone else and hence very difficult to arrive at a conclusion. This kind of style can be used if the issue, relationship, decision is of less importance, but can cause problems if the relationship or issue is of importance. Using this too often can have a negative feeling. Accommodating is when trying to use relationship to solve a conflict.On the contrary if the other person is not accommodating and takes advantage there is nothing returned in the negotiation process a negotiation can be accommodating when no much importance is paid to the issue or when there are not arguments on one’s side of the table. This can often create problem if the outcome is going to be shared at it could show that other are taking advantage of your position. Competing is like trying to win and take control of the situation or considers a negotiation as wining and loosing.There is no attempt made on collaboration, or cooperation from others and if used often shall loose self-respect eventually. A competing strategy can be during a negotiation if there is an emergency and a decision is imminent. It could also be that one side is confident that they are right and have all the supporting’s and the situation is under their control Compromising negotiation often tries to find something amicable. This often results in giving and taking with moderate satisfaction to both parties. This could create problem while negotiation on very creative problem and could be used the working together s important with limited resources A good solution is often considered as a bottleneck and any collaboration is considered as forcing something on. Collaborating is more a problem solving style of negotiating. They are very imaginative who think about win-win situation and thing of expanding the pie. Issues and relationship are both given importance along with being cooperative and creative. All concerns are well addressed and as a result w ill not be able to exercise if time frame is too short. It is also not applicable the issues are trivial or no much preparation or rehearsing time.A negotiation can also be different when negotiation for yourself or for others. When negotiation for yourself you often tend to negotiate what is most beneficial to your whereas on the other hand when negotiation for a third party there is often a personal gain side that is looked at especially is cases where negotiating for a property via a real estate agent. However a third party negotiator can bring with him lots of experience that could also be very beneficial and will assist in a negotiation process. Thus for a negotiation it is important to understand one own style and to determine the other persons style as well.This will avoid unpleasant surprises during a negotiation. and will assist in the effective preparation of BATNA and reservation points We can thus understand that the process of negotiation is continuous and needs to be c onstantly improved. It is a process that needs to be understood and required to be planned and monitored using various strategies and resources. As part of continuous improvement it is important to create a process, train all participants to follow and monitor the process. This process can be improved by learning and summarizing from reflection after a negotiation.It is also important to consider that every negotiation must have a preparation process where goals and expectation are clarified. A clear BATNA have to be defined which everyone in the team is well aware off. Any smart suggestions need to be recognized and suitably rewarded. Develop a process that works best for oneself and use it to evaluate what works best and willingness to follow the process. And the most important to remember that all negotiations cannot be won and not to be abandon just because we are not able to achieve what we perceived.

Friday, January 3, 2020

Analysis of the Translation of the Analects of Confucius

Jpz777 04/29/2013 Order # 2094035 In an authoritative and widely cited translation of the Analects of Confucius originally published in 1938, celebrated English sinologist Arthur Waley provided the most comprehensive explication of this enduring contribution to humanistic philosophy, one which has since been continually reprinted for scholarly study. An anthology of short yet powerful passages which capture the beliefs taught by Confucius during his lifetime, the Analects offers a fluid recreation of Confucius and his associated teachings, through the prism provided by the evolving structure of the school of thought created. Beginning with a sober deconstruction of the mythologizing which has come to define the Western conception of Confucius, of whom Waley states it appears from the Analects that he was a private person who trained the sons of gentlemen in the virtues proper to a member of the ruling class (14), this translation offers modern readers with an comprehensive and historically accurate interpretation of the Analects, and their influence on the resulting system of moral mastery known as Confucianism. Spreading slowly but steadily throughout China after the original texts comprising the Analects was compiled by Confucius pupils in approximately 300 BCE, the philosophy of social and political ethics espoused in these twenty books developed into a combination of religious dogma and ruling doctrine. As Waley notes in the Introduction to his translation, fromShow MoreRelatedPlato and Confucius4610 Words   |  19 Pagesdeeply influenced by Plato’s Republic, Eastern ethical theory has been deeply influenced by Confucius’s Analects. David Haberman describes the Republic as ‘one of the most influential books of all time’ (86). And Bryan Van Norden compares (with considerable fervor) the Analects to ‘the combined influence of Jesus and Socrates’ (3). On the surface, there are many similarities between Confucius and Plato. Both taught through means of dialogue, and both expressed reticence to provide direct definitionsRead MoreThe Question of Socrates Obedience3243 Words   |  13 Pagesï » ¿The Question of Socrates Obedience, Supported by Confucius Introduction Is it right to act in ones own best interest, or to obey the state? In other words, was Socrates right to obey the orders of the state of Athens to take poison, or should he have acted to preserve his own life by choosing exile or escaping? In The Trial and Death of Socrates, the question is posed to the philosopher whether it is right to act in ones own best interest or to obey the State. Crito argues that the StatesRead More We Should Reach out to Muslims Essay1974 Words   |  8 Pagesdarn boring, too. The Analects of Confucius is in my opinion a seriously dull book.(Analects) The thing about scriptures is that they are not to be taken like any other book. You have to soak yourself in them, preferably from early childhood. For best results, you have to memorize them - as devout Muslims do the Koran, and as gentlemen in Imperial China used to do with the Analects. One of those latter, the 11th-century scholar Cheng Yi, reported that when he read the Analects his hands unconsciouslyRead MoreImportance of Intercultural Communication to Ist7702 Words   |  31 Pages Lynch and Hanson World View A cultures world view is the basic foundation of that culture because it governs both perception and behavior in large and small ways. Rapport and Overing defines world view as the common English translation of the German word Weltanschauung, meaning overarching philosophy or outlook, or conception of the world. It is the phrase overarching philosophy that unmistakably marks the significance of world view. World views are used in constructing, populating