* * * * * * * * * T E R R I E 'S T A K E * * * * * * *<br>A weekly roundup of news & information from Terrie Lloyd.<br>(<a href="http://www.terrie.com">http://www.terrie.com</a>)<br><br>General Edition Sunday, April 25, 2010 Issue No. 563<br>
<br>+++ INDEX<br><br>- What's new<br>- News<br>- Candidate roundup/Vacancies<br>- Upcoming events<br>- Corrections/Feedback<br>- News credits<br><br>SUBSCRIBE to, UNSUBSCRIBE from Terrie's Take at:<br><a href="http://mailman.japaninc.com/mailman/listinfo/terrie">http://mailman.japaninc.com/mailman/listinfo/terrie</a><br>
<br>BACK ISSUES<br><a href="http://www.japaninc.com/terries_take">http://www.japaninc.com/terries_take</a>, or,<br><a href="http://mailman.japaninc.com/pipermail/terrie/">http://mailman.japaninc.com/pipermail/terrie/</a><br>
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<br>------------- PBXL is Business Communications -------------<br><br><br>+++ WHAT'S NEW<br><br>In 1997 a global warming troubleshooting initiative called <br>the Kyoto Protocol was held under the auspices of the <br>
United Nations and subsequently there are now 187 <br>countries who have signed and ratified the protocol. Pretty <br>much the only industrialized country which won't ratify the <br>agreement, is the USA, which produces about 20% of the <br>
world's greenhouse gases. But we think that will change in<br>the next 10 years simply because there is too much money at<br>stake to ignore being part of this global initiative.<br><br>Broadly speaking, the 187 countries are divided into two <br>
camps, those countries which have been industrialized for a<br>long period and who both previously and currently are <br>producing a high level of green house gases, and those <br>emerging economies which may or may not be major emitters <br>
now, but who historically have not contributed to a great <br>extent to today's global warming. All the signees have been<br>allocated certain acceptable levels of pollution emitted <br>into the air, resulting in the industrialized countries <br>
being given targets to cut their levels of pollution by <br>20%-40% while some of the emerging economies actually have <br>substantial room to pollute even more than they are now.<br><br>The basic idea behind the Protocol is to encourage <br>
countries to cut their greenhouse gas emissions by the <br>agreed targets, or in failing to do so to pay significant <br>penalties or to have to trade the right to emit excessive <br>amounts with those nations that are still below their <br>
allocated emission levels. Critics of the Kyoto Protocol <br>are saying that instead of leading to reduced carbon <br>emissions, the initiative is instead being debased into <br>a huge financial market which is simply moving pollution<br>
blame from the industrialized nations to the emerging <br>ones.<br><br>They have a point. Certainly the swapping of carbon <br>emissions credits (also called Cap and Trade) has <br>developed into a massive global business. And it's one <br>
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<br>Contact: nana.yamaguchi at <a href="http://lincmedia.co.jp">lincmedia.co.jp</a> for details.<br>-----------------------------------------------------------<br><br>[...Article continues]<br><br>Given that Japan was one of the original promoters of the <br>
Protocol, it is perhaps no surprise that the country is <br>well advanced in emissions trading. Earlier this month <br>(April, 2010), the Tokyo Metropolitan Government launched <br>Asia's first Emissions Trading Scheme (ETS), which will <br>
become mandatory for large office and retail buildings, and<br>factories in the city. The ETS will try allow companies to <br>buy and sell carbon emissions credits and in so doing try <br>to reduce the Tokyo's emissions levels by 25% from 2000 <br>
levels by 2020. In the 5-year first phase, the owners of <br>the 1,400 buildings covered by the ETS will have to cut <br>their CO2 emissions by 6-8% from 2002-2007 levels, and in <br>the 5-year second phase by 17%.<br><br>
Actual trading of the Tokyo ETS will start next year, and <br>to comply, the participants -- being those owners of <br>buildings burning more than 1,500 kiloliters of crude oil <br>annually or having a floor space of more than 30,000 sq. <br>
m., either have to reduce greenhouse gases or: <br>i) start buying credits from small- to medium-sized <br>companies that are low emitters, <br>ii) apply for credits from subsidiaries based outside Tokyo,<br>iii) buy renewable energy certificates from power <br>
companies. <br>Those companies not hitting their emissions targets will <br>suffer real penalties, starting with their names being <br>published (public shaming) and fines.<br><br>The Nikkei ran a survey of 300 companies who would be <br>
affected by the new legislation. About 70% of them said <br>that they would invest in energy reduction technologies <br>and materials, spending an estimated JPY750m over 5 years <br>to do so. 46% of companies said that they probably couldn't<br>
comply with the new regulations and 26% said they would <br>have to start trading emissions credits on the ETS. <br><br>Sounds to us like the Tokyo Government is going to be <br>enjoying some brisk business handling the trades -- <br>
especially once the regulations start being applied to <br>smaller companies in the future. Given the state of tax <br>revenues, this is something we expect to happen sooner <br>rather than later.<br><br>Big business is something that quickly comes to mind with <br>
ETS and carbon trading. The nation's trading companies are <br>deeply involved in both domestic and international trading <br>and systems. As an example, recently Sojitz announced that <br>it will start an online marketplace for trading carbon <br>
credits. The market will handle credits issued by the <br>Ministry of Economy, Trade, and Industry (METI), the <br>Environment Ministry, and the Tokyo Metropolitan <br>Government, as well as several others. Interestingly, <br>
Sojitz plans to charge 4%-5% of each transaction as a fee, <br>which, considering there will eventually be millions of <br>dollars a day traded, should be a tidy little business...<br><br>Looking further afield, Japan's major trading companies and<br>
the government itself have been very active in buying up <br>unused carbon credits from developing countries, <br>particularly from former Russian satellite countries. For <br>example at the end of March 2010 it was announced that the <br>
government had bought 41.5m tonnes of carbon credits from <br>the Czech Republic and Latvia. This brings the government's<br>holdings of such credits to around 96.6m tonnes -- almost<br>enough to cover its 5-year target of 100m tonnes.<br>
<br>At the same time, Sumitomo Mitsui Banking Corporation <br>has announced that it is setting up a joint venture in <br>Malaysia with the Federation of Malaysian Manufacturers, <br>so as to roll out emissions control solutions and (our <br>
guess) trading systems for the Federation's 2,400 member <br>companies. Malaysia has pledged to reduce its carbon <br>levels by 40% from 2005 levels by 2020. It's no coincidence<br>that Sumitomo Mitsui was the first Japanese bank to start <br>
carbon credit trading and it is running neck and neck with <br>Mitsubishi to see who can round up the most markets the <br>quickest. These guys think big, going after whole countries.<br><br>So why are the Japanese and particularly the trading <br>
companies so interested in carbon trading? Well, it pays to<br>follow the money. It seems that when these companies buy <br>carbon credits, not only can the credits themselves can be <br>sold for commission to large companies back home, but also <br>
the money used to pay for the credits is supposed to be <br>used by the sellers to implement clean energy measures in <br>their own country. This is a perfect opportunity for a trading <br>company to offer to help the seller spend that cash on a few <br>
"in-the-family" clean-tech projects. Further, with appropriate <br>contracts, those trading companies investing into projects <br>which result in reduced carbon emissions can then claim <br>those reductions against other businesses in their far-flung<br>
empires. It's a great eco-system.<br><br>This means that there is a chance that much of the hundreds<br>of millions of dollars spent by Japan on carbon credits will <br>come right back to her manufacturers and brokers, as well as<br>
offsets for the conglomerates. This tie of cash to spending<br>reminds us very much of the successful way Japan used to <br>implement its development loans. Your government could get<br>huge loans, but only if you used the money to buy Japanese <br>
goods and services. <br><br>There are announcements almost every day of new carbon <br>credits deals being done by major Japanese firms somewhere <br>in the world. Our impression is that other large companies <br>and world governments have not really woken up to the <br>
potential in this sector, and until they do, the Japanese <br>are making hay -- the non-methane producing type of course!<br><br>*******<br><br>Lastly, there will be no Terrie's Take next week, due to it<br>being Golden Week. This is one of our 4 weeks off a year, <br>
so we'll be back on May 9th. While you're still with us, <br>though, take a look at the interesting law response on the<br>Molex fraud we covered last week. In the FEEDBACK at the <br>end of this issue of Terrie's Take.<br>
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<a href="mailto:UCsales@lincmedia.co.jp">UCsales@lincmedia.co.jp</a><br>-----------------------------------------------------------<br><br><br>+++ NEWS<br><br>- Geos language school bankrupts<br>- FSA clarifies IFRS rules<br>
- Fitch warning on Japan credit rating<br>- iPhone takes 72% of smartphone sales<br>- iPhone boosts Softbank's profits<br><br><br><br>-> Geos language school bankrupts<br><br>The problems of the nation's English-language schools <br>
continue, with the bankruptcy this last week of Geos -- one<br>of the biggest in the business. Geos leaves debts of <br>JPY7.5bn and throws the employment of 2,100 staff into <br>jeopardy. The company blamed the post-Nova slump in English<br>
learning. The industry as a whole suffered a lot from the <br>negative publicity from Nova's pressure tactics to get <br>students to pay more. <br><br>The company that picked up the Nova assets, <br>G.communication, is apparently going to pick up the bulk of<br>
Geos' operations and will continue providing students with <br>English learning services. ***Ed: One thing we found <br>surprising in the Geos/G.communications deal is that they <br>must have come to an arrangement before the bankruptcy. <br>
While that may be good news for the students, we wonder <br>what the other creditors owed JPY7.5bn think about it? <br>Normally someone taking over assets like this has to go <br>through a bidding process with the receiver, to ensure the <br>
creditors get as much money back as possible. That doesn't <br>seem to have happened with this inside deal and may open <br>both parties up to a law suit in a few weeks time. It's not<br>good enough for the G.communication CEO to say glibly, "Oh, <br>
we're doing it to protect the students." Creditors have <br>rights as well.** (Source: TT commentary from <br><a href="http://japantimes.co.jp">japantimes.co.jp</a>, Apr 21, 2010)<br><br><a href="http://search.japantimes.co.jp/cgi-bin/nn20100421x1.html">http://search.japantimes.co.jp/cgi-bin/nn20100421x1.html</a><br>
<br>-> FSA clarifies IFRS rules<br><br>The Financial Services Agency has clarified its position <br>on the introduction of International Accounting Rules (per <br>the International Financial Reporting Standards) in 2015. <br>
The FSA said that the new rules will only become mandatory <br>for listed companies. Unlisted companies will not be <br>required to use IFRS and nor will they be compelled to do <br>so in the future. The FSA decided to issue the <br>
clarification after rumors abounded that the rules would be<br>forced on to every company in Japan. (Source: TT commentary<br>from <a href="http://nikkei.co.jp">nikkei.co.jp</a>, Apr 24, 2010)<br><br><a href="http://e.nikkei.com/e/ac/tnks/Nni20100423D23JFA23.htm">http://e.nikkei.com/e/ac/tnks/Nni20100423D23JFA23.htm</a><br>
<br>-> Fitch warning on Japan credit rating<br><br>While Japan's politicians fiddle and cook up more ways to <br>spend the massive budget recently approved, various <br>agencies abroad grow increasingly worried about a coming <br>
debt crisis. This time it is Fitch Ratings, which issued a <br>warning saying that it is concerned about the public debt <br>and how it hurts the nation's creditworthiness. Fitch said <br>that Japan has the highest public debt burden amongst <br>
industrialized countries, moving to around 200% of GDP this<br>year. (Source: TT commentary from <a href="http://bernama.com">bernama.com</a>, Apr 23, <br>2010)<br><br><a href="http://www.bernama.com/bernama/v5/newsworld.php?id=492880">http://www.bernama.com/bernama/v5/newsworld.php?id=492880</a><br>
<br>-> iPhone takes 72% of smartphone sales<br><br>Stats from Tokyo-based research firm MM Research Institutes<br>says that Apple has taken a commanding lead in the smart <br>phone market, with 72.2% of all sales. iPhone sales have <br>
doubled in the last 12 months, reaching 1.69m handsets, out<br>of the smartphone segment total sales of 2.3m units. <br>Trailing a long way behind the iPhone is HTC with 11% of <br>the market, then Toshiba with 6.8%. ***Ed: With the <br>
introduction of the first serious HTC Android (named the <br>Desire) and Windows (Xperia) phones as an alternative to <br>the iPhone, from this week onwards, it will be interesting <br>to see how they fare against the iPhone.** (Source: TT <br>
commentary from <a href="http://pocketgamer.biz">pocketgamer.biz</a>, Apr 23, 2010) <br><br><a href="http://www.pocketgamer.biz/r/PG.Biz/iPhone+news/news.asp?c=20189">http://www.pocketgamer.biz/r/PG.Biz/iPhone+news/news.asp?c=20189</a><br>
<br>-> iPhone boosts Softbank's profits<br><br>And of course, it's not just Apple that is doing well from <br>the iPhone. Carrier Softbank is equally benefiting, as <br>iPhone users turn out to be heavy data users and are maxing<br>
out their capped price plans. Softbank Mobile income will <br>rise about 30% year-on-year, to approximately JPY450bn, <br>about JPY30bn more than forecast. Sales will be around <br>JPY2.75trn. (Source: TT commentary from <a href="http://nikkei.co.jp">nikkei.co.jp</a>, Apr <br>
24, 2010)<br><br><a href="http://e.nikkei.com/e/ac/tnks/Nni20100423D23JFF01.htm">http://e.nikkei.com/e/ac/tnks/Nni20100423D23JFF01.htm</a><br><br><br>NOTE: Broken links<br>Many online news sources remove their articles after just a<br>
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Web: <a href="http://www.biosjp.com">www.biosjp.com</a><br>-----------------------------------------------------------<br><br>***------------------------****-------------------------***<br><br>+++ CANDIDATE ROUND UP/VACANCIES<br>
<br>=> BiOS, a Division of the LINC Media group, is actively <br>marketing the following positions for customers setting up <br>or expanding in Japan, as well as other employers of <br>bilinguals.<br><br>** HIGHLIGHTED POSITION(S)<br>
<br>BiOS is now sourcing experienced candidate for the role of <br>eSourcing Account Manager, to work in a specialist <br>eAuctions company and aid in the rapid expansion that their<br>fledgling Japan-side operations are currently enjoying. In <br>
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<br>Interested individuals may e-mail resumes to:<br><a href="mailto:stuart.gibson@biosjp.com">stuart.gibson@biosjp.com</a><br><br>-----------------------------------------------------------<br><br>---------- Educate Yourself on Japanese Law ---------------<br>
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-----------------------------------------------------------<br><br>***------------------------****-------------------------***<br><br>+++ CORRECTIONS/FEEDBACK<br><br>In this section we run comments and corrections submitted<br>
by readers. We encourage you to spot our mistakes and<br>amplify our points, by email, to <a href="mailto:editors@terrie.com">editors@terrie.com</a>.<br><br>=> In TT562 we discussed the implications of the Molex <br>fraud case and how it was possible for the company to have<br>
such a large amount of money be stolen without detection. <br>We invited readers who might be lawyers to respond, and <br>several did. The best response was the following:<br><br>*** Reader Comment. Molex is an interesting case, <br>
especially for a company that has been in Japan as long as <br>they have which one would imagine should have had better <br>procedures in place. <br><br>As to their culpability, they may well have some <br>defense against the bank, on the basis that for this large <br>
amount of money, which seems out of the ordinary course of <br>financial transactions for Molex in Japan, the borrowing of<br>that large amount would normally have required at the very <br>least a resolution of the Board of Directors of Molex <br>
Japan. One would have thought that the bank should have <br>been getting some form of acknowledgment letter or support<br>letter from Molex US to support the legitimacy and full <br>approval of this borrowing. <br><br>There have been some cases in Japan where courts have <br>
punished banks and invalidated loans (with no payback) on <br>the basis that large banks did not obtain copies of such <br>specific Board resolutions authorizing the issuance of <br>guarantees to subsidiary company loans overseas, which <br>
would be the equivalent here in that they did not get this <br>Board's resolution approving the entering into of this loan <br>and the use of the company hanko for that purpose,<br><br>On the other hand, how long this senior employee had been <br>
in his/her position would also undermine the Molex position<br>and give the employee more apparent legitimate authority on<br>which the bank may argue it was justified to rely. <br><br>I have also seen probably 5-7 similar level frauds in my <br>
career in Japan and you are absolutely correct that people <br>cannot be lulled into thinking that this does not happen in<br>Japan. There are no perfect protections and only ongoing <br>audits of the subsidiary and vigilance by the parent <br>
company can ensure control of such problems.<br><br>***********************************************************<br>END<br><br>SUBSCRIBERS: 9,185 as of April 25th, 2010<br>(We purge our list regularly.<br><br>+++ ABOUT US<br>
<br>STAFF<br>Written by: Terrie Lloyd (<a href="mailto:terrie.lloyd@japaninc.com">terrie.lloyd@japaninc.com</a>)<br><br>HELP: E-mail <a href="mailto:Terrie-request@mailman.japaninc.com">Terrie-request@mailman.japaninc.com</a><br>
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<br>J@pan Inc is Japan's only independently published English-<br>language business website. Authoritatively chronicling <br>online the business trends in Japan, each posting brings <br>you in-depth analysis of business, people and technology in<br>
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