Saturday, May 18, 2013

Customs Rulings

When importing, here is a site that may provide some insights:

http://rulings.cbp.gov/

Just type in say "pecans" and you get all sorts of past problems and decisions regarding the item.  Also, you get the HTS number named, and find out there are two numbers for macadamia nuts, prepared and plain.

***John Spiers will be offering an all-day seminar on small business international trade start up at Orange Coast College, Los Angeles Area, June 29, 2013.  Full info here...***

Feel free to forward this by email to three of your friends.


Rabbi Levine, I Mean Lapin

When I was growing up in Seattle, there was the ubiquitous Rabbi Raphael Levine in all forms of media, bringing a Jewish perspective to current events.  Today there is Rabbi Daniel Lapin, whose focus is on business.  When I try to recall his name, Levine pops up first.

Anyway, the bible is full of business advice, and the good Rabbi shares this in a newsletter this week:

The Israelites beseech their new king to lower taxes.  He responds by instructing them to depart for three days and then return.

And he (Rehoboam) said to them: “Go away for three, days then return to me…”
(I Kings 12:5)

Clearly, he had no intention of lightening the yoke.  When they return three days later, he tells them that he is going to increase their burden significantly. 

Since he already knew what he would say, why did he send them away for three days, rather than immediately giving them the bad news?

Ancient Jewish wisdom explains that King Rehoboam recognized that the Israelite delegation was presenting an ultimatum.  They approached him as potential rebels.



It is an interesting explication of negotiation.  You can sign up for his weekly blurb here...

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Friday, May 17, 2013

Will China Skip IPR? All Hail Fucheng County!

"Intellectual" "Property" "Rights" has been an unmitigated disaster in the West.  The Chinese are toying with the idea of shooting themselves in the foot with this disastrous regime, but sometimes we see glimmers of hope.  For example, PLU stickers come to Fucheng County!

China has a terrible PR (public relations) problem for its goods within China.  The problem is solved by simply adding traceability labels.  Once one adds a traceability label, then a trade mark is pointless.

Trade marks are one of the sillier "intellectual" "property" "rights" but yet one that people who thoroughly reject copyrights and patents sometimes argue in favor.  Inscrutable.

Meanwhile, back in the states, Inc Reports:


Just two months after several provisions of the America Invents Act (AIA) went into effect, the House Committee on Small Business met to evaluate how it's been doing. 
As fewer small businesses seek patents for services, it's beginning to look like the act might have offered too little, too late. 


Maybe they are wising up.

Patents also give small businesses a "powerful foothold" when they "may not yet be able to fully realize the market potential of their product or service," said Dennis Crouch, a law professor at the University of Missouri. 

Prove it.  You'd think by now someone, somewhere would provide evidence patents do what they say they do.  Marketing gives a foothold, not violence backed regime.

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Internet and Freedom

Dr. Gary North has very interesting essays, and more interesting when I disagree...

Never in history has there been such an avalanche of information. It is not coordinated by any central institution. Its lack of coordination is the central fact of modern times. The Internet was designed to produce this, and that is what the Internet has produced. The larger the Internet gets, and the more it penetrates into the lives of people around the world, the less possible it is for any one source of information to influence the thinking of all those people who are connected to the Internet.

His conclusion is the internet will benefit free markets because google cannot tell us what to think.  here is the problem...  there is no more info today that at any other time in history, because people have X amount of info-processing ability. In Roman times, they had brains full of memorized things, their version of google, and they paid attention to stars and omens and even had a government office to study the flight patterns of birds for info.

People are slow to realize that when I get google results and you get google results, we get different google results?  Why, google tailors the results to our google patterns.  They want to make a buck.  The more they know about our searches, the more they tailor our results.

And once they know your predilections, they more they send you info that compliments your predilections.  In fact, you are being told what to think.  And here is the hard part, most people do not mind, because they have never had the experience of finding joy as a byproduct of suffering.  They just want to avoid the pain of thinking for themselves.

Dr. north is making, I think, a common mistake, and that is to think the internet has changed anything.  It has lowered the cost and widened access to research and communication.  It has done nothing for the quality of the content of either, and to say it will effect our freedom, I don't think so.

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Thursday, May 16, 2013

eMail Exchange: Error of Organizing Around a Resource

An email inquiry:

I have a good friend who is from overseas but lives here in USA now for past 13 years.  One of her cousins is married to the owner of a food company overseas.  The company is 60+ years old and exports to Europe, Asia and Africa but not to the US.  She was visiting them in their country recently and asked the owner why he doesn’t pursue the US market and he said he didn’t need the market and didn’t speak English.  She asked him if she could pursue the US market for his food products and he said sure, no problem. His company does about euro 30 million in sales with multiple production facilities throughout the home country.   

My friend asked me to partner with her on this venture of introducing their food products to the US. 

I think we could approach this opportunity as follows:

-          Need exclusivity with the company to be their only agent in the US.  I believe the owner would be agreeable to this.
-          Rather than import the products ourselves, we would seek out importers/distributors of Fancy foods here in the US that are interested in the products they have.
-          Either the importer or the company would pay our company (my friend and myself) an agency fee of 10% of all revenue they generate from the US.

I believe this could be a good opportunity but not sure how to proceed. Any advice you have would be greatly appreciated.

*** My answers are in between the ***    ***

My friend asked me to partner with her on this venture of introducing their food products to the US. 

I think we could approach this opportunity as follows:

-          Need exclusivity with the company to be their only agent in the US.  I believe the owner would be agreeable to this.

***It would not do you any good...  if and when the product was popular, any one could get around that... it is called grey market...Exclusives never work in international trade.***

I perused your book last night and I remember how exclusivities are worked around.  In this case, one of the buyers of the  food product in let’s say Germany could then export some to the US.  Is that what you mean? 

***Yes. one way or another.***

-          Rather than import the products ourselves, we would seek out importers/distributors of such foods here in the US that are interested in the products they have.
-          Either the importer or the company would pay our company (my friend and myself) an agency fee of 10% of all revenue they generate from the US.

***Why?  What value would you be providing that would warrant 10% of the action?  An introduction?  Neither side would consider that fair, and not agree. 10% is probably his net.  Although having an export price no different than a domestic price will obviate the need for exclusives, if he gives you 10% he is essentially managing his operations and expanding production to meet USA demand for no compensation.  Why would he do that?***

I believe this could be a good opportunity but not sure how to proceed. Any advice you have would be greatly appreciated.

***You get paid for contribution, and nothing else.  Can you name what you would contribute?***

Reply - 

I understand what you are saying and my answer would be that we are contributing the work to get his company into the US.  He has indicated to my friend that he doesn’t want to get involved with the headache of getting his company selling into the US market.  We (my friend and I) are taking on that headache for him 

So, he is not interested in devoting any of his time to pursuing the US market, so if we do that for him it is like a new revenue source for him that he doesn’t need to chase after.  We do the chasing (finding US importers/distributers interested in his products) and for that he pays us...

***Since he has no interest in pursuing the US market himself, you are saving him nothing.***

and for that he would hopefully be willing to forego 10% of his profit margin.  No terms have  been discussed with him, I have not met him yet.

***Above you said 10% or revenue and now you are saying 10% of profit margin. What is the difference?  Say the revenue is 10 million, then 10% of revenue is one million.  If by profit margin you mean gross profit, and that is 50%, then 10% of 5 million, or 500,000.  If you mean net profit margin, and the net is say $150,000, then you are talking about $15,000.  Gotta get the terms straight.  No one is going to give you 10% of revenue.  No one is going to give you 10% of gross profits.  10% of net profits is not enough for all of the work you’d need to do.  Better to start your own company and earn all of the net for yourself.***

He told my friend he would send 50K worth of samples.  Maybe he wants us to be the importers and distributors and he just takes big orders from us.  I am really not interested in that, too risky.  I want to find the buyers and then have them go directly to the company to place their orders.  

***Risk is not the issue because entrepreneurs never take risks.  The question is what work do you do that warrants any income?  $50k in samples does you no good.  You need orders, customers, not samples.  Yes, he wants you to be the importer, and he just takes big orders, becuase that is how the business rationally works.

I think the toughest problem would be how come this product is not already selling in USA?  To say he has not tried is one-sided.

1.  Ask him if he has ever received inquiries for his products form USA, and if so, how did he respond.

2.  You have a hypothesis that there is business here. Find your customers first: get samples and pose you hypothesis - "I believe if I introduce this to you, you will buy through me and build good business with it in USA (or whatever your hypothesis is).  Am I right?"

Test your hypothesis before you put a minute or a dime into this....***


My hypothesis is that importers of Fancy foods in the US would want to sell this food once we approach them with the idea (and samples to taste).

***Then  test exactly that.  It would cost you nothing to walk into Fancy food importers with samples and say “taste this and tell me if you would want to sell this in USA.”

I don’t think you’d need to do that more than a dozen times to get your answer.

DO NOT spend $20,000 on a booth at a trade show to get the answer you can get for free.

The fundamental error here is “organizing around a resource, that is $50,000 in samples.  You ought to organize around the opportunity, the customers.  What customers?  Your customers.  Customers for what you should be trading in, unique to you, that no one else does like you do.***

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Detroit Mayor Quits - Things Looking Up

The mayor of Detroit has announced he will quit now that the state has sent in an overseer.  Happily the overseer over saw the destruction of GM, so the people of Detroit can relax, freedom is coming.

As the city has declined, many who remained have given up on its politics., and Bing in recent days called out city residents for failing to show up at the polls.  “In our last mayoral and city council election, voter turnout in the city of Detroit was less than 17 percent,” Bing said. “Since many people gave their lives to protect our right to vote, we need more of our citizens to take part in the democratic process.”

With 17% of the population still believing in the state, the people have some work to do.  Hopefully if the peninsula upon which Detroit resides gains autonomy in the "one country/two systems" regime that Hong Kong enjoys in China, that 17% will sell it property an move back into the United States.  Good riddance!

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Wednesday, May 15, 2013

Chile China Trade - Free Trade Agreements

Now what does this tell you?

Chile was the first Latin American partner to sign a free trade agreement (FTA) with Hong Kong. Both economies are members of the Asia-Pacific Economic Cooperation forum (APEC) and the World Trade Organization, and over the past two years, trade between Hong Kong and Chile has grown at an annual rate of 16 per cent.

You see, being a member of APEC and WTO is neither here nor there.  So are most other South American countries.  But sign a free-trade agreement, BOOM! 16%, HUGE growth.

Now, Hong Kong side is too polite to point it out, but Hong Kong always had free trade with Chile.  Chile did not have free trade with Hong Kong.  It is impossible to have a "free trade-agreement" because free trade means, well "free" to trade.

Free trade is always unilateral.  If you want free trade, the lower taxes and regulations that inhibit free trade.  So Hong Kong unilaterally has free trade with the world.  If an when a country reciprocates, such as Chile, BOOM, immediate benefits, peace and prosperity.

We once knew this in USA, and practiced it.  Hong Kong and USA were formed at the same time on the same ideas.  Hong Kong stayed the course.   USA has gone all imperialist.  Our free trade agreements run 14,000 pages or rules and regs.  The Hong Kong Chile one runs about 100 pages, but my guess is because China is involved.  When the US states were considered independent countries ("these United States") we had a free trade agreement among all of the states.  It is still in place.  It takes a paragraph to explain.

USA cannot or will not back out of its current econ mess.  But we'll need to rebuild at some point, and if so, we should recall free trade agreements.  Real ones.  Unilateral and a paragraph long.

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Shocked, Shocked... the IRS is Politicially Motivated

It seems some people believe life started when they were born, or at least life became perfect when they were born, because they were born.  I suppose people do not remember that Nixon sure use the IRS to harass enemies.   Every government agency has brown-nosers who will commit crimes for some higher up, for the the thrill, money, excitement who nows.  Nothing new there.

The Bureau of Indian Affairs has "lost" untold billions of native American's money.  No one has gone to jail.

The Center for Disease Control (initiated with its precursor "public health") targeted people with some African heritage to run a syphilis treatment scam on them for over 40 years, no one went to jail.

The Social Security Administration released "super secret" race IDs to the army so it could round up Japanese citizens for transport to concentration camps during WWII.  No one went to prison.

The United States Treasury repudiated gold and silver certificates in spite of the "full faith and credit" of the United States, and no one went to prison.

The FDA was involved in planting 2 grapes with cyanide on a shipment from Chile which led to a ban and Chilean farmers losing $330 million.  (Take that, Pinochet!) No one went to jail.

Presidents of the United States lied us into several wars, and are still doing it.  No one is going to jail.

Now in each instance above, it was elements working for the agency, not the agency.  But in no instance did any individual go to jail.  Because no one want minions to be afraid to break the law in the future.  The political appointees want power.

Once when Nixon got out of hand, each of his satraps resigned rather than do wrong.  It is funny to think we once had the rule of law in USA.  Gone now.

If you think it is bad now, wait until they have your medical records.

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Tuesday, May 14, 2013

I Want...

I Want What Boeing Gets...

Subsidized interest rates and loans to customers guaranteed by USA taxpayers... taxpayer-funded battery development, bailouts when their engineers suffer no consequences for subpar work.

I want what Bank of America gets...

the right to leverage my investments 30 to one, with risk at taxpayers expense.

I want what General Motors gets...

competitors who agree to voluntary restraints, forcing prices higher at
consumers expense.

I want what C&H Sugar gets...

competitors have to pay a 50% duty to bring their products in, forcing prices higher at consumers expense.

I want what Microsoft gets...

a consent decree that outlaws how I got rich, after I got rich, so I'll never
face a competitor, denying competition at consumers expense.

I want what drug companies get...

a government enforced monopoly, denying competition at consumers expense.

I want what Halliburton gets...

cost plus multi-billion dollar contracts, denying competition at consumers
expense.

I want what countless big businesses get...

Massive tax-payer funded education resulting at once in lower wages (for excess supply) for skilled workers so better profits.

I want what Archer Daniels Midlands gets...

export subsidies and a requirement the taxpayers pay 3 times the going freight rate for grain exports, at taxpayers expense.

I want what CBS gets...

rules based on a bogus "natural monopoly" theory, denying competition at
consumers expense.

I want what Rush Limbaugh gets,

government ads that yield me tens of millions in payola each year...

I want what United Airlines gets...

taxpayers pick up the tab for security and the airport infrastructure, at
taxpayers expense.

I want what the music industry gets...

Taxpayer-funded enforcement of unjust rules against 3rd and 2nd parties who agree to trade in something a first party claimes it owns.

I want what the NY Times gets...

a Supreme Court ruling named after me that allows me the ability to libel with no fear of lawsuit.

I want what REITs get...

Section 8 housing that allows me to artificially inflate rents and protects me
from risk at taxpayers expense.

I want what Ted Turner gets...

government paid content for my media, at taxpayers expense.

I want to have a GSE like Freddie Mac so I know I will always be bailed out.

I want to be wildly successful, like Goldman Sachs CEO Hank Paulson, who is "obliged" to sell his 500 million stake in Goldman Sachs to become Treasury Secretary, but since he was obliged to sell, he had to pay no taxes on his $500 million windfall.

Even with these advantages, these companies fail. 

No, I will not get any of these goodies.

Since I am self-employed, I will merely pay for them.


***John Spiers will be offering an all-day seminar on small business international trade start up at Orange Coast College, Los Angeles Area, June 29, 2013.  Full info here...***



Feel free to forward this by email to three of your friends.


So In China Today

Here is a nice review of how, perhaps, the west arose to such prosperous heights.  If so, it seems exactly how China is doing it today.

In Europe, as trade and industry expanded, people discovered that "commerce thrives on freedom and runs away from constriction; normally the most prosperous cities were those that adopted the most liberal policies" (Ibid., 90). The "demonstration effect" that has been a constant element in European progress – and which could exist precisely because Europe was a decentralized system of competing jurisdictions –   helped spread the liberal policies that brought prosperity to the towns that first ventured to experiment with them.

Under Maoism, free enterprise was terribly restricted.  Today, China is closer to the anarchic (in the good sense) 1400s than say USA.

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Monday, May 13, 2013

One Factor, Two Errors in Logistics

A technically difficult area of international trade is logistics, the physical movement of the goods in question.  There is are so many options and so many requirements that two common errors are made:

1. Handle it yourself.

2. Decide it is too difficult.

Sure you can just book the freight yourself on a carrier, and line up a truck to fetch and take it to the docks.  Sounds easy, but beyond the docks, the routing and care of the goods will usually have such esoteric details which need to be addressed that you'll inevitably run into problems, at which point you are on your own.

On the other hand, people might hear the horror stories and decide to just ignore exporting.  This is the flip side of the first mistake, because it ignores the experience of countless small exporters who are managing logistics just fine.

How so?

The tactic is to hire 3PL companies (third party logistics) AKA non-vessel operating common carriers (NVOCC) to handle most, if not all, of the routing and paperwork required for exporting.

"But isn't that expensive?"  If you are going to be in business, you must free yourself from ever asking this question.  Whether something is expensive is none of you business, it is entirely the concern of the buyer, not you.

The "expense" in question is buried in your price (you give nothing away in business), it is listed in your minimum order quote detail, and the buyer will consider that specific cost item in your overall cost.  If you get an order with those costs built in, then it is not too expensive.  If the buyer balks at the component cost of logistics in your offer, then let the buyer find a cheaper alternative.  "Expensive" or "too expensive" ought never enter your mind in business.  There is the price, and then there is the alternative.  Nothing is ever "expensive" in business, or life for that matter.

The 3PL providers are usually somewhat specialized, so it might take some doing to find one ready, willing and able to help you.  You can help tremendously by showing the 3PL provider you intend to have a one-size-fits-all MOQ FOB US$ export offer.  This does a couple of things -

A. It signals you will not exhaust your company working up quotes on every speculative inquiry you get.

B. It signals you will not exhaust the 3PL provider working up quotes on every speculative inquiry you get.

C. It shows your shipment will be so constrained in options that when something goes wrong, and always something goes wrong, it will be well within the 3PL skillset to sort it out.

This is an under-appreciated concern.  The 3PL folk are pros, and they want your shipment delivered in good order on time.  If they book 1000 transactions, they will range on a continuum from a dozen disasters to varying degrees of trouble to a dozen perfect problem-free shipments.  They'll endure the inevitable random problems because it all balances out.  They have no desire to recruit problems in the form of undisciplined newbies.  They'll consider disciplined newbies.

And it is not just the rules, regs, labels, paperwork that they manage for you, it is also the creative area of moving goods. My favorite 3PL solution was on behalf of Japanese shippers to German customers of an electronics component that was too time sensitive to ship ocean freight, yet too heavy to ship air, just borderline cost/benefit both ways.  The 3PL experts went to work and found if they could ship surface Nagoya to Anchorage, then air freight from Anchorage to Frankfurt (over the pole) they could deliver the goods within an acceptable freight cost range.  Only experts could figure that one out.

When Hong Kong liberated the wine market a 3PL company spotted a problem and an opportunity and jumped right in.  The company is called Crown Wine Cellars LTD (who also handles wine transport) and addressed the problem of wine being abused after hitting the docks.  And here is another area where the 3PL companies are invaluable: they have the experience of countless transaction before yours, and they can tell you what to look for.    By handling wine, but not being in the wine business, you can find their advice frank, comprehensive and unbiased.  I visited with Gregory De 'Eb, principal of Crown Wine Cellars, at their amazing wine cellars in Hong Kong and found his marketing advice entirely reliable.  And why not?  If one triumphs in the Hong Kong wine market, more business for Crown Wine Cellars.

Don't worry about logistics, let the experts handle it and the customers cover the cost.

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Sunday, May 12, 2013

Spiers on Rothbard

Like you I found economics "the dismal science" and even took a college course in it.  Desultory!  But once upon a time, at the bridge at Lo Wu, in a sleepy Guangdong village called Shenzhen, I alighted the Hong Kong train to cross the bridge to get on to the People's Train to take me to Canton, to trade.

On the British side, there where sharp, well-armed and disciplined Chinese police.  As we were waiting to be bidden to cross, from the forest above came a rustling sound like a boar rushing through the bushes.  It was about a six foot drop to the pavement and a short, dark man in a military uniform, holding a wooden staff, exited the bush, dropped to the pavement on his feet, looked at us, and then disappeared into the brush below.  I was astonished, and a British fellow sniffed "One of King Edward VII's own Gurkhas... they patrol the border."  With a stick?

As we crossed the bridge to alight the Communist Chinese train, the contrast was night and day.  The border guards were unarmed and looked rather disheveled.  There was construction on both sides of the border, but it was orderly and progressing versus chaotic and tentative. The train itself was old-school, comfortable enough, with accommodations made for Moslems.

So began my interest in economics.  How could Hong Kong with nothing except people (no energy, no water to drink, no food, no raw materials, and no cultural homogeneity, no common language even) be wealthy while China with all a country could hope for be so poor?

As Richard Weaver was to say later, Ideas Have Consequences.  I've gone into detail elsewhere on the different ideas that precipitate what results, but to continue the interest in economics, Marxism did not seem to recommend itself in practice.  Returning to USA, Nixon had said "We are all Keynesians now...." but I did not want to be in the same club as him.  Happily there was a new school of economics called Monetarist or Chicago which had tremendous success in saving Chile from a fate worse than Cuba.  If you don't mind military coups, disappearances, murder, torture, and mass arrests.

Then Reagan won with his program of "supply-side" economics, but it was pretty clear his economic success was just the flowering of President Carter's deregulation of phones, trucking, beer, airlines and other liberalizations.  No deregulation plus open source code, no computer industry and the internet.

There was the German Historical School (getting closer) that simply reported how economics worked in the past.  But it was maybe a decade later when I was studying problems in education, and I was all "pro-voucher" that I read an essay by one Murray Rothbard in which he said the best voucher is a dollar bill.  He traced the problem to cost, the cost to interference with supply, and how removing the interference the supply would drop the price to where everyone could afford to buy their own education.  Like they do their clothes.

Oh.  I hadn't thought of that.

Rothbard was a maven in the Austrian School, one of those epithets that becomes a title.  The difference is the school is rational and practical as opposed to all others schools of economics, which are voodoo-based.  No magic formulas or esoteric incantations.  What recommended Austrian economics to me was clarity and lack of orthodoxy.  The top people all have profound arguments with each other.  This is good for students, since they can hear both sides, even several sides.  To my mind the Austrian School can be reduced to "no force or fraud."  All other schools depend on one or the other or both to work.

It took me another decade to make it to their Auburn Alabama week long "university" for young scholars where since I was a college adjunct lecturer I was allowed in as an observer.  The proof of Austrian Economics is one can take a week-long full time seminar and find every minute fascinating.

Now I consider myself informed by Austrian economics, but not a follower inasmuch as I reject usury completely, whereas I think "free banking" is otherwise universally accepted in the school.  Fractional reserve free banking is hotly contested, but free banking no.

Generally you can jump in on anything Rothbard has written, and the stuff is amazing.  Here is a quote from an article worth your next fifteen minutes...

Communism was the great goal, the vision, the desideratum, the ultimate end that would make the sufferings of mankind throughout history worthwhile. History was the history of suffering, of class struggle, of the exploitation of man by man. In the same way as the return of the Messiah, in Christian theology, will put an end to history and establish a new heaven and a new earth, so the establishment of communism would put an end to human history.

Well, didn't you just KNOW communism came out of millennialism? And here it is.  If you ever wanted to wrap your brain around communism, have a read.

Now my beef with Austrianism is usury.  And I am encouraged I am right by reading Rothbard.  For example, Rothbard says:

Indeed, the scholastics were sophisticated thinkers and social economists who favored trade and capitalism, and advocated the common market price as the just price, with the exception of the problem of usury. 

Sloppy: he says "capitalism" which is an anachronism. You cannot say capitalism without assuming usury, so the paragraph suffers internal contradiction.  When Rothbard errs, I am encouraged.  He continues:

Instead of stressing the barrenness of money as a major argument against usury, Aquinas seized on the term "measure" and stressed that since money, in terms of money, of course, has a fixed legal face value, this means that the formal nature of money must be to remain fixed. The purchasing power of money can fluctuate due to changes in the supply of goods; that is legitimate and natural. But when the holder of money sets out to produce variations in its value by charging interest, he violates the nature of money and is therefore sinful and mindless of the natural law.

Is that clear?  No?  Because it is mixed up again.  Under the narrow rubric of money with a "fixed legal face value" there are some consequences.  Money only has a "fixed legal face value" when there is an entity like a kingdom or a state to force a "fixed legal face value."  When you combine force and money, plus usury, you get a aggregation of power unto a minority, who eventually, literally gets to call the shots.  And technically, when it has a "fixed legal face value" it is no longer money, it is just golden tallies.

Now tallies is important in the discussion of money,  for the reason that most objections to money, narrowly defined, can be answered by "tallies."  Aristotle was observing in a time when, like today, almost no one used money.  Almost all trade was done on credit, and tallies were kept to see who owed what to whom.  Tallies were opened and extinguished.  Money is an end-of-the-line event.  Something you'd see in Urumchi when Arab traders paid gold to Chinese traders who they may never see again. To demand payment in money was tantamount to excusing yourself from the responsibilities of participating in society.  This is nothing new.  Ask your boss to pay you in gold.  You'll be treated like a nut, anti-social.  You settle for tallies, which are kept on computers, not on clay tabs, but on silicon hosting a magnetic notation of a zero or a one.

Money is hated by the powers that be because it is untraceable.  By having all transactions in tallies, it is easy to track and tax.  A "fixed legal face value" just means that money was forced to be a tally, then money was substituted with warehouse receipts, which were substituted with fractional reserve warehouse receipts (credit) and then loaning of credit at usury, or force and fraud on steroids.

In the face of "fixed legal face value" of money, Aquinas is defending the right of people to still make money.

Instead of ownership going with the use of a consumable item, then, Aquinas now advanced the idea of ownership going with incidence of risk. The investor risks his capital; therefore, he retains ownership of his investment

That is not "now," that always was.  A loan is a charitable act, only.  If you are not repaid, you've become more charitable.  In life, there is another use of money, and that is investment.  With investing, you share the risk.  Business is not charity, so no loans in business.  Charity is not a business, so no investments by charity.  Businesses do not make loans, charities do not share risk.  Rothbard is mixing up the two, where Aquinas keeps them straight.

And then there is the attendant issue of property:

Finally, Aquinas was a firm believer in the superiority of private to communal property and resource ownership. Private ownership becomes a necessary feature of man's earthly state. It is the best guarantee of a peaceful and orderly society, and it provides maximum incentive for the care and efficient use of property. Thus, in the Summa, St. Thomas keenly writes: "every man is more careful to procure what is for himself alone than that which is common to many or to all since each one would shirk the labor and leave to another that which concerns the community, as happens where there are a great number of servants."

Just so.  But limited to your capacity to mix what labor you have to resources.  Otherwise, use it or lose it.

So where Rothbard is almost always brilliant and unassailable, he flounders in a critical discussion of usury.  Encouraging.  Capitalism is not the free market.  Usury would not gain traction in a free market. No usury, no aggregation of power through force and fraud.

If all you read in economics was Rothbard, you'd be busy and doing well.  He isn't 100% right, but the Austrian school allows for argument.

***John Spiers will be offering an all-day seminar on small business international trade start up at Orange Coast College, Los Angeles Area, June 29, 2013.  Full info here...***

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