Business March 2011

When Freedom Is Bad for Business

How the U.S. invasion made Iraq’s economy worse, not better
Karim Kadim/Associated Press

If you are planning to open a business in Iraq, I would advise you to bring a book. Something substantial, perhaps Tolstoy or Proust, or the unabridged Oxford English Dictionary. You’ll want a sizable knapsack, too, so you can comfortably carry not just all 20 volumes, but the enormous stacks of cash that the process will require.

Here is what the World Bank estimates you must do to open a new firm in Iraq. First, you will need to spend a couple of days deciding on a company name, determining whether it is already registered, and obtaining a “name reservation letter” from the Baghdad Chamber of Commerce at a cost of 350,000 Iraqi dinars ($300). Then, for about 900,000 dinars ($770), you must hire a lawyer to spend a day drafting articles of association for your company. You will need a couple more days to deposit 5,000 dinars ($4.30) in a commercial bank and obtain a confirming receipt, and up to two weeks and another 350,000 dinars ($300) to file for registration at the Commercial Registry. Advertising your incorporation notice in the local paper will set you back 80,000 dinars ($70), and you will lose another three days. Following that, you will expend two days and 20,000 dinars ($17) to make a company seal, but take heart—only one more day is needed to obtain your registration certificate from the Commercial Registry, which includes it absolutely free in the price of your registration filing.

Don’t get too giddy, however, because you’re not done yet. Registering with the tax authority and legalizing your accounting books will suck up four more days and 625,500 dinars ($535), followed by three days to register your employees for social security. Then you find a chair, open up Volume III of the OED, and settle in for the long wait: the 30-to-60-day process of applying for a trade license. All in all, the World Bank says, the process takes an average of 77 days and more than 2 million dinars, or nearly $2,000—more than 100 percent of Iraq’s annual per capita income. That’s why the World Bank ranks Iraq 174th out of 183 countries for starting a business; by contrast, in America (ranked ninth) the process takes six days and about $675. In America, in exchange, you’ll get a safe environment, ready electricity, clean water, and adequate roads. In Iraq, you’ll get a certificate from the Commercial Registry.

Eight years have passed since the invasion of coalition forces into Iraq. There seems to have been no one reason the war was launched, but certainly one of the things we often heard was that Operation Iraqi Freedom would liberate markets as well as people from the predations of Saddam Hussein’s odious regime. It’s hard not to cringe while reading George W. Bush’s October 2002 speech in Cincinnati, where he promised,

Freed from the weight of oppression, Iraq’s people will be able to share in the progress and prosperity of our time … rebuild their economy, and create the institutions of liberty in a unified Iraq, at peace with its neighbors.

Or The Washington Post opining that removing Saddam “would free millions of Iraqis from deprivation and oppression” and relieve the “political and economic backwardness” that fostered terrorism. Or, for that matter, your humble correspondent suggesting,

Most of the larger costs … aren’t going to be borne by Americans either directly or indirectly, but by Iraqi oil. That’s the oil that will be able to flow freely for the first time in ten years because of this war—and the revenue from which will flow to the Iraqi people for the first time in a decade.

Things haven’t turned out quite as we expected, which is why I have reluctantly come to believe that my country and I made a disastrous mistake. To be sure, the situation is not all bad. The violence has abated, Iraq now has an elected government, and the standard of living for most of the country is higher than it was under Saddam. We have not, as both I and some of the war’s fiercest critics suggested we would, helped ourselves to Iraqi oil.

But if American imperialism isn’t all that imperialistic, neither is Iraq’s free market very free. It remains hard to open a legal business, difficult to keep one running, and virtually impossible to shut one down. Frank Gunter is an associate professor of economics at Lehigh University and a Marine reservist who served as both deputy chief of coalition operations and the senior economic adviser to the U.S. military in Iraq. He points me to a grim recent study of Iraqi business: “They cannot find evidence that any business has been legally closed in the last 10 years. What they do if they want to close a business is wait until the day before payday, loot everything, and then disappear.”

Americans cannot avoid asking themselves the obvious question: did we do this? The troubling answer is that we may have—and more troubling still is how we may have done it. The biggest problem with Iraq’s business climate is no longer the lingering violence, according to Maura O’Brien-Ali, Iraq program officer at the Center for International Private Enterprise. “Security has changed dramatically over the last couple of years. You can see it in the perceptions of the local business community … That’s not the number-one issue anymore.” Nor is the biggest problem even the punishing legacy of Saddam’s totalitarian rule. No, it’s worse than that. Apparently, freedom and democracy themselves may actually be creating many of the most severe problems in the economy—our virtues, and not our sins, may be what’s hurting Iraqis.

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Megan McArdle is a columnist at Bloomberg View and a former senior editor at The Atlantic. Her new book is The Up Side of Down.

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