Friday 28 February 2020

Public Policy in India - American perspectives


“Public Policy in India - American perspectives”
Lecture delivered on February 15th 2020 for the Executive Program on Public Policy and International Relations at the Centre for Advanced Learning,
St. Stephen’s College, Delhi by Ajay Singha,
former ED of American Chamber of Commerce in India (AmCham)
and Deputy DG Indo-German Chamber of Commerce, New Delhi
email:  ajaypsingha@gmail.com
 
SLIDE 1
Almost all sectors of economic and social relevance between India and the United States of America enjoy a certain level of co-operation and partnership. Consequently there is robust policy engagement in multiple industry segments and sectors related to the economy.
 
Public policy happens when governance and the multiple players in a vibrant society interface. Public policy is a subject which indeed concerns senior management of all corporations and anyone aspiring to be in that group must become well versed in this. Joint initiatives between India and the US witness a high level of policy making and results in several levels of executive action - that being the immediate objective of policy making. To that extent the contents of this lecture are based on the experiences of the lecturer / author and are subjective in nature.

NEXT SLIDE 2
There are three broad areas of Public policy in the US-India context namely:
Developmental projects in India with US assistance.
Economic and Commercial relations. 
The Strategic embrace across multiple aspects of the bilateral engagement.

NEXT SLIDE 3
The best Public Policy is made when you are listening to people, who will be impacted” Elizabeth Dole – Author, Senator, Served three US Presidents.
John Kenneth Galbraith - Economist, Author and former US Ambassador to India. “The great dialectic in our time is not..................., between capital and labor..... it is between economic enterprise and the state.”


NEST SLIDE 4
The genesis of US- India Public policy relations may be examined in the backdrop of two great movements in India which had a strong US component namely the Green Revolution and the IT Revolution. However, before we do that let us get slightly deeper into the subject of Public policy, policy advocacy and Lobbying in the US.

Advocacy and Lobbying in USA takes place at various levels in Government: Federal / State / County / Municipal or Local.
Federal Agencies in the US cover major areas of concern where the country engages with other nations.
This includes areas of bilateral interest which form the subject matter for policy dialogue and subsequent policy construct. Finance, Aviation, Defence, Healthcare, Energy, Food, Telecom are select examples.

It is estimated that there are twelve thousand public policy, advocacy and lobbying firms in USA. Most of the substantive work is handled by about 300 firms.

According to one estimate the industry has an annual turnover of $9 billion.

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What is the legal basis for Policy Advocacy and Lobbying in the US?
It is derived from the First Amendment to the US Constitution which allows the people to petition the government to redress their grievances.
The following US laws also impact Advocacy and Lobbying:
Lobbying Disclosure Act
Honest Leadership and Open Govt Act
IRS disclosure requirements

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In 1961 India was on the brink of a mass famine. Norman Borlaug (later Nobel Laureate) an American Agronomist was deputed by President Kennedy to visit India. The Ford Foundation and the Indian Ministry of Agriculture received personal support of the Indian Prime Minister Jawaharlal Nehru and then Agriculture Minister Subramaniam. Based on US advise India adopted various policies to resolve the impending food crisis which resulted in import of high yielding seeds for extensive wheat and maize production.

Shortly after Indian independence President S Radhakrishnan set the ball rolling for establishing Agricultural Universities on the US “Land grant model”. Delegations travelled back and forth between India and the US, policies were proposed, put in place and several US universities were roped into this gargantuan effort.

The State Government of Uttar Pradesh promulgated Act XI of 1958 - for establishing an agricultural university. Mentored by the US University of Illinois, the GB Pant University was established in Pantnagar UP. It produced a new breed of Indian agriculture scientists and paved the way for setting up more than 50 other agriculture universities across India. University of Illinois, Washington State, Michigan State Universities had tie-ups with Punjab and later Haryana Agriculture universities. Florida Agriculture and Mechanical University tied up with Anand in Gujarat. Ford foundation and US AID gave massive financial assistance to Allahabad agriculture university.   

At that point several policies had to be developed in order to cover issues like: Import of agriculture inputs and produce / import of agricultural technologies / establishing institutions of higher education / Teaching program curriculum / training and employment manuals and several related subjects.

Needless to say these policies were deeply influenced by the institutional partners and collaborators operational during that period mainly and namely USA. Seeing the notable US involvement other countries also brought in know-how and financial resources.


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In 1974 TCS India co-operated with Burroughs of USA and sent Indian programmers to work for IT projects in the US
In 1984 PM Rajiv Gandhi announced an IT policy which amongst other things reduced import tariffs on IT hardware. Sam Pitroda a telecom expert from USA was brought in and he set up C-DOT to kick start the Telecom revolution.
In 1988 Government of India formed a National Task Force on IT and Software Development to formulate policies for exports and attracting investors.

Major policies were formulated to impact:
Opening of Internet Gateway access
Private sector Software Technology Parks (STPs)
Restructuring customs and excise duty on software
Exemption of income tax to software and services exports
Setting up of venture capital funds
Allowing US Dollar linked stock options to employees of Indian companies
Schemes for students for buying computers, etc.

In 1999 Ministry of Information Technology (MIT) was set up.

US based business and US educated individuals had both short and long term influence on policies in India which brought all these factors into play. As several American high tech companies moved call centres and software development operations to India, their influence on policies grew.

Needless to say a significant number of software developers were US trained and understood both the Indian and US markets better than their competitors.
In more recent times CEOs of Indian origin have led US IT companies like Adobe, 3D Systems, Cognizant, Master Card, Sandisk, NetApp, Oracle, IBM, Google, Microsoft.  Today US accounts for two thirds of India’s IT services exports.

NEXT SLIDE 8
Operational perspectives of US India Policy making. 
Democratic institutions lie at the core and provide the backdrop for drafting all public policy both in India and the United States of America. Stakeholder consultation is emphasised!

Both countries increasingly share and exchange information actively interfacing at various levels of government and policy making. The interaction is at the political and executive level and more importantly at the operational level.

Policy making is never a top down phenomena but a two way process where the federal agencies in the US and officials of various Central government departments in India play a key role.
Some of the key federal agencies in the US engaged actively with India include:
Department of Defence / Energy / Treasury / Health / Agriculture / Homeland Security / Commerce / Education / NASA / Food & Drugs Adm. / Internal Revenue Service / Federal Trade Commission / USAID / Aviation Commission etc.  Each one of these is a mammoth institution requiring individual attention and deep bilateral engagement.

Of late most of these US agencies work closely with their Indian counterpart ministries and departments. This is a relatively recent phenomena and has resulted in a vast exchange of information. Best operating practices of the US have found their way to Indian agencies. Suspicions of the past have been replaced by a high level of confidence and trust between the two governments.
Genesis of policy making in the US India context: Typically a delegation from one of these US agencies visits India and asks for a meeting with their Indian counterparts. The US side insists on stakeholder engagement from day one and gives a heads up to US institutions, Chambers, foundations etc for inputs and consultations. The Indian side shows subdued enthusiasm in sharing information or consultations and invites a select few private players at a very short notice. For the Indian side this may have resulted in unfavourable positions and a disadvantage in stakeholder engagement for Indian companies in policy formation. The situation quickly changed and in the last few years apex institutions like CII and FICCI brought all seriousness to stakeholder engagement. The inefficiencies in stakeholder engagement were effectively addressed and replaced with the existing improved best practices.

Whatever goes on in these bilateral meetings and discussions impacts policy making in India. The deliberations between various US and Indian agencies greatly influences and gives critical inputs to policy making processes in India.
Indian Central Government agencies and other institutions meanwhile also enter into serious consultative process with other European counterparts. This is done in order to obtain global perspectives on each policy subject. Due to language similarities and the managerial bandwidth of US agencies the intensity of interaction is most high in the US-India bilateral context.

Central Government departments in India and Federal agencies in the US are in fact the bedrock of public policy making in India and the US respectively.

To illustrate the policy process in USA one major occurrence needs highlighting. The US sub-prime mortgage crisis in 2010 led to a collapse and a global financial crisis. This impacted the economies of most of the developed nations. There were many causes which led to this crisis but certainly housing finance policies of the then US administration was the most obvious. The intentions of these policies and related decisions were undoubtedly most noble but the opposite impact was achieved. 

This was also experienced in the recent past in India (currency devaluation / GST). In the Indian context too, the policies were positive, aimed at removal of inequality, corruption, poverty alleviation and development of social and economic infrastructure etc. Some of these policies led to a high level of economic and social stress in recent times in the country.
Observers of US India relations draw some simplistic yet noteworthy lessons from the US experience – namely that too severe a policy intervention in the prevailing market situation backfires on the entire economy.  Both in India and the US marginalised segments of the population suffered the consequences of these policies.
Suffice is say that aggressive or forced intervention through frequent and far reaching policy announcements may also lead to unintended consequences and dismal results.

NEXT SLIDE 9
Checks and balance in the US-India context:
Public Policy is the over arching subject being studied by this group and it is  therefore imperative that we also appreciate the difference in policy intervention, policy advocacy and lobbying. A policy professional in India or elsewhere will reach individual conclusions regarding these terms and much of it will depend on the sector of business being engaged in, the level of individual exposure to policy matters and the depth of understanding of these terms. These activities and terms remain crucial to the work experience in US MNCs engaged in bilateral policy review and active engagement.
A practitioner must always ensure that policy advocacy does not become company specific advocacy. Policy advocacy through institutions ensures that one particular company is not the beneficiary of a policy intervention or stands to directly gain by announcement of new policies.
The most natural way to put checks and balance in place is to ensure competing interests and competitive organisations sit on the same table.

The role of US Chambers, Amcham, USIBC, USISPF and Commercial Departments of the US Embassy comes in – they ensure neutrality.

Means for policy change should always be fully transparent, compliant and above board. The end must always be praiseworthy

Competitors who share a common policy strategy include:
Pepsi and Coke on issues on water management and CSR
Boeing and Lockheed on defence procurement procedures
IBM and CISCO on smart city opportunities and procurement guidelines
Citi and BankAm on Financial services and banking policies
Deloitte, PWC, EnY, KPMG – across the board multiple segments.

What factors decide the American ownership of a company? Any business set up registered in the US may qualify but may not necessarily receive US government’s policy support. Often a company is owned by not very easily identifiable group of investors - located someplace in the world. Manufacturing operations of such a company may be in China, exports to Asia but in most cases the patents, copyrights, trade-marks, database rights and related IPRs are owned in the US. This is one of the key factors which helps determine the US ownership of a company. Whether US Government and US controlled organisations will put their weight behind a “policy push” this one factor is the most critical in addition to the obvious US ownership of a company.

NEXT SLIDE 10
USMNCs and Indian MNCs – Comparison in approach to Policy advocacy:
Senior management’s understanding of policy challenges.
Financial resources allocation for policy related matters.
Difference in understanding the landscape and eco-system.
Adopting sustainable best practices as opposed to short term solutions.
Appreciate and understand core and peripheral beliefs of policy makers.
Levels of transparent, non-secretive stakeholder policy engagement.
Educating and sensitising stakeholders on implications of FCPA / UKBA
Information share with in-company mid and junior management.
Engagement with relatively powerless groups – A must for developing any sustainable policy.
Building, nurturing and advocating for sustainable policy
Managing the limelight of success and the fruits of change-the first mover advantage.
Study of Public Policy is akin to any other subject like Law, Medicine and Economics. It must reach a point where practice replaces theory and the practitioner is confronted with implementing at least some aspects of what they have learnt.
Some of the phrases associated with Public policy include “trade off, compromise, give and take” and other expressions which suggest the middle path leading towards working solutions in policy matters and deliberations.

Some key approaches to impacting policy matters in India:
Information gathering and deep study to develop an evidence based case
Coordinating the change seekers – Roundtable discussions
Interacting with stakeholders – seminars and conferences
Correspond with decision makers – through Chambers and Associations
Co-ordinate appeal with interest groups – individual meetings and outreach
Media outreach and social media efforts
Develop a cohesive and persuasive message
From the mundane to the most high sounding issues processes remain somewhat similar
US and India regularly exchange delegations of decision makers, senior management of companies and government officials
Round tables and Consultative Group meetings are held regularly

NEXT SLIDE 11
From the Green Revolution to the Strategic partnership between India and the US. This journey requires your deeper understanding and a wide interaction with people across sectors.

Following are some questions which should be asked and the policy professional must apply their mind to seek answers to these.
Why and how did linkages between India and the US develop?
Why was India suddenly more receptive and active in the international arena?

What geo-political compulsions led to US-India strategic partnership?

When do industry bodies step in to take up economic policy concerns?

How does the Indian government perceive US policy advocacy?

Specially the interaction with State Governments and State level leaders!

What is the global reference point for Indian policy makers?

Who sets the agenda for all the bilateral policy discussions?
 
Who and what impacts the decision making and policy advocacy process?

NEXT SLIDE 12
US-India “Strategic Partnership”:
US India relations were upgraded to the highest level by the US administration. This meant exchange of delegations between the two countries in all major sectors important and critical to them.

Delegations across industry sectors exchanged. Policy engagement at multiple levels specially Executive and Legislative.
Extensive inputs collected from US companies and examined by India based knowledge partners.

Example: Presentations given to US officials and Indian and US policy stakeholders before visit of Indian PM to Washington.

Example: Presentations given before visit of each important dignitary whether Indian or American visiting either country. Policy engagement at all levels of executive and poitical leadership. “Policy Asks” Story developed by US business interests in India: many examples available (Deloitte Amcham document).

NEXT SLIDE 13
Major policy initiatives by US MNCs operating in India – Case study through the Deloitte Amcham document:
Defence: Address the curbs on US Export Controls for American Defence technology. Discuss to develop transparent and sustainable procurement policies for the Indian MOD. Roundtables with Government and Companies. Security: Counter terrorism co-operation between US Department of Homeland Security and Indian Ministry of Home Affairs. US state of the art surveillance systems. Sharing critical information on counter terrorism operations. Cyber security and high technology. Roundtable with Government and Companies.
Aviation: Deep policy engagement between USMNCs and Miistry of Civil Aviation. Full stakeholder engagement. Roundtable with Government and Companies.
Energy: Clean energy – delegations exchanged – solar policy developed – major commercial sales - Roundtable with Government and Companies.
Agriculture: Evergreen revolution – built on the green revolution but now expanding of market access for US and Indian agricultural produce in addition to developmental goals. Benefits of policy improvement have accrued to other countries as well.  
Healthcare and Medical devices: Roundtable with Government and Companies. IPR TRIPS  Trade related aspects of Intellectual Property. These impact all industries and cover aspects relating to enforcement / remedies / dispute resolution and related procedures. Results in several work areas for policy advocacy practitioners.
Developing countries have not adequately incorporated TRIPS flexibilities (compulsory licensing, parallel importation, limits on data protection, use of broad research and other exceptions to patentability, etc.) into their legislation to the extent authorized under Doha. Roundtable with Government and Companies

NEXT SLIDE 14
US –India relations in the context of a rising China . The term “Indo-Pacific” replaces Asia-Pacific a legacy of the Cold War.

India gets a seat on the high table – “Indo-Pacific” / “The Quad” is a new watermark in the present US India embrace.
With the term “Indo-Pacific” a message goes to other nations in addition to your own leadership and officials – these are serious players and require your highest level of attention specially across the board of economic co-operation.  

NEXT SLIDE 15
Becoming an effective advocate on Policy matters –
There are NO short cuts.
Regularly read latest reports by think tanks and foundations.
Peruse Industry focussed reports to complete the picture.
Read policy papers in other countries on subject matter background.
Examine Case studies of Policy formulation / intervention / change .
Enter into and continue a formal Dialogue with stakeholders.
Understand the opposition’s viewpoint.
Prepare your agenda and line of argument.
Active Policy intervention through PR and media outreach.
Work with knowledge partners, think tanks, Chambers.
Provide policy alternatives to government. 
Active engagement with policy makers is necessary.

NEXT SLIDE 16
Policy is increasingly drafted outside Government by other players.
Policy is increasingly drafted outside the Legislative process.
There is notable engagement of NGOs in stakeholder engagement.
State governments engage with all levels of stakeholders for developing policy. USMNCs strategise to defeat unfavourable policy.   
Competitor MNCs work together on issues of common interest.
Knowledge share on best global policies through seminars and workshops.
Major policy advocacy initiatives of US companies in India: Deloitte Amcham document as an example).






NEXT SLIDE 17
The Consultative process-Hallmark of a free democratic society:
“The best Public Policy is made when you are listening to people who will be impacted” Elizabeth Dole – Author , Senator, Served three US Presidents

Government of India Order of 2014 – specifically directs departments to engage in policy consultation.

Consultations were taking place pre-2014 too. US government regularly emphasised the need for open consultations before policy rethink.
Reform by stealth has been replaced by a transparent and consultative approach for taking everyone along.

NEXT SLIDE 18
Concept of Door knock - CEOs of US MNCs in India travel to Washington DC to collectively sensitise US Congresswomen and Senators on key issues faced by American companies operating in India.

Share a background document with US legislators and prepare them for a more meaningful interaction with their Indian counterparts.
Meet the Chiefs of staff and Legislative Assistants to improve their understanding on bilateral issues of economic and commercial import.

US legislators take great pride in being of assistance to US industry. Why not in India?

Door knock is seen as improving the foothold of US industry in India.
Additionally the delegation calls on key individuals in Think tanks, Foundations, Federal agencies and Federal Departments.

Difference in perspectives between India and the US – between US MNCs and Indian MNCs! This is an annual exercise by Amchams in all countries. An annual pilgrimage to Washington DC is undertaken by CEOs of US companies operating in each of the major world economies. In a dynamic and changing business environment the documentation which will be presented to policy makers in the US must be impeccable and able to withstand scrutiny – Role of big four in preparing such documentation!

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US Policy Advocacy bodies and Indian business:
US Chamber of Commerce
National Association of Manufacturers
AdvaMed Advanced Medical Technology Association
Federal agencies
Other US Policy and Advocacy organisations with limited Indian interests

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Indian counterparts of US organisations for Economy and Business Policies:
AmCham India -member US Chamber of Commerce
USIBC also headed by a former Asst Secretary of State
USISPF (US-India Strategic Partnership forum)
Other bodies

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Credibility of Policy organisations- a subjective approach:
Philanthropic organisations
Think Tanks
NGOs
Chambers of Commerce
Business and Trade associations
Advocacy Groups / Lobbyists

NEXT SLIDE 22
Comments on Policy Advocacy in India:
Legacy of failed past policies and resultant delay in new policy making
One size does not fit all
Unlike China India is neither homogenous nor mono cultural
Policies cannot be universal but tailor made for regions and States
Levels of nepotism in implementing policy
Concerned and impacted parties not sufficiently identified
Stakeholders not sensitized adequately
Pre-legislative consultation is a recent phenomena (2014)
Dichotomy in Post Policy Executive decisions
Antithetical attitudes of Centre and State on particular policies
Opaque procedures developed not following international best practices
No clarity in Developmental v/s Protectionist v/s Ambitious approach
Are the new policies implementable?
Have policy interventions and policy amendments been thought through?
Are proposed policies part of a larger policy change? or piecemeal
Cost-benefit analysis of welfare policies
 
NOTE
Policy must always precede not follow Executive decisions
Policy making is done by a small number of players
Public opinion is shifting and capable of change

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Benefits of studying Public Policy from an individual perspective
The practicing professional develops an ability to:
Look at the big picture - US-India as well as global scenario
Analyse the fundamental and underlying issues impacting policy change
Spot red herrings in the policy landscape and prevent project derailment
AWACS – Advance warning – brace team for incoming changes  
Impact and influence positive change in sustainable policy making
Interface with senior management and cross sector networking

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Question and Answers session

Thank You!