Socially Responsible Investment Strategies for the Norwegian Petroleum Fund Highlights from the Expert Panel on Socially Responsible Investment Seminar arranged by the Centre for Corporate Citizenship The Norwegian School of Management Wednesday, March 24, 2004 Résumé by Atle Midttun and Tore Dirdal The Socially Responsible Investment Strategies for the Norwegian Petroleum Fund Seminar is a part of the Norwegian School of Management’s Centre for Corporate Citizenship seminar series in the areas of corporate social responsibility (CSR), socially responsible investment (SRI), corporate governance, and partnerships. European experts in the fields of corporate governance and socially responsible investing have been invited to share their views on the Graver Report, Ethical Guidelines for the Norwegian Petroleum Fund and Norwegian Forum for Environment and Development’s (ForUM) alternative proposal. Introduction The Norwegian discussion on the placement of ethical, social and environmental criteria on its Petroleum Fund appears to be consistent with an emerging, international shift in investors’ strategies towards stronger engagement in corporate governance issues, and a heightened awareness of the importance of long-term sustainability. The Petroleum Fund appears to a lagging in its adaptation of practices that have already been developed over the last decade by major pension funds, such as Hermes (UK), CALPERS (USA) and more recently IDEAM/Credit Agricole (France), and AP:3 (Sweden). Those types of investors tend to have broad “democratic” constituencies that potentially carry a long-term and socially-responsible economic outlook. Since these institutions control a considerable, and growing amount of financial assets, their investment policies carry increasing weight. This can, in turn, place added pressure on corporations to improve their corporate governance and social responsibility policies and practices. The Petroleum Fund, emerging as yet another major investor with a mandate to support responsible and long-term sustainable business practices, will reinforce an already growing trend. However, the explicit democratic ownership of the Norwegian Petroleum could also add additional dimensions to this development since it will anchor new investment practices in a more explicit and broader public debate. The Norwegian Government’s Graver Committee’s explicit ethical, legal and societal justification/argumentation serves as a basis for this Spring’s Parliamentary debate. The Committee’s approach is unique and has attracted broad, international admiration. 1 From an innovation perspective, information systems, investment strategies and business models used to support corporate governance and socially responsible investment (SRI) are in their infancy. Therefore, we can anticipate a dynamic development in our present knowledge base both with respect to investment methods and with respect to investment strategies. Policy makers should have a learning and development perspective in mind when they lay down the basic rules of the game. Indeed, even the non-government organization (NGO) community realise that the adaptation of corporate governance and SRI strategies is a long-term proposition. The expert panel unanimously praised the Graver Committee for the ethical fundament that it presented. However, several members of the panel argued that it could have taken even bolder steps, including some of ForUM ’s alternative proposal measures. Furthermore, these panel members added that their more aggressive stance would also serve to augment the Petroleum Fund’s value. 2 Peter Butler is the Director of Corporate Focus at Hermes. Hermes is the principal manager for British Telecom’s NOK 550 billion pension fund, the largest pension fund in the UK. Hermes is one of the most experienced corporate goverance fund managers in Europe. Butler has more than 8 years of experience in working with corporate governance issues and has a staff of nearly 50 people dedicated to working to promote responsible business practices. Butler argued that major pension funds and other institutional investors should adopt a new approach “We are not just investors, we are part owners, and we believe that companies with concerned involved shareholders are more likely to achieve superior long-term returns than those without such owners.” He points out that the Norwegian people by virtue of their Petroleum Fund are part owners of the companies in which this fund invests. And, it is the owners’ responsibility to deal with problems of irresponsible business practice by engaging with the invested companies. He argued that if companies fail to meet expectations, owners should engage with the boards and make efforts to have them instruct management to change the companies’ business practices. In serious cases, irresponsible directors should even be removed through engagement with companies and other shareholders. In accordance with the International Corporate Governance Network’s (ICGN) Corporate Governance Principles, Butler also argued that responsible owners should be concerned with aspects such as the balance and composition of the board, the roles of chairman and chief executive, the over all strategy of the firm, its capital structure and its general governance including Corporate Social Responsibility issues. He has found that such active ownership strategies have added multiple billions of kroner to the value of Hermes’ clients’ portfolios. While arguing strongly for engagement, Butler nevertheless agreed with the Graver Commission on the necessity of screening for issues of national importance (e.g., nuclear weapons and land mines). However, such screening is clearly a political issue and thus should be decided by Parliament rather than fund managers. In Butler’s opinion, the Graver Commission’s proposals should be more aggressive. He argues that by proposing both investment and engagement in many more of the tough cases, instead of the proposed exclusion, the fund could have a greater positive impact. He asserted that it is difficult to remove companies from exclusion lists. Butler highly recommended that the Norwegian Petroleum Fund‘s managers adopt ICGN’s Corporate Governance Principles. These mainstream guidelines have already been adopted by many major global pension funds, including the British Telecom pension scheme. 3 Pernilla Klein is AP:3’s Iinformation Director. AP:3 is a Swedish state- owned pension funds with SEK 140 billion in assets under management. Assets have been placed in a globally diversified portfolio Klein joined Peter Butler in her praise of the Graver Report. However, she is concerned about the public’s tendency to have unrealistic expectations of investor’s ability to induce societal change. She felt that these unrealistic expectations can be attributed to various SRI screening companies and SRI fund managers’ aggressive marketing strategies. In her opinion, the Graver Report provides the ethical investment community with crystal clear definitions of basic concepts. She also warmly supported the Graver Committee’s conclusion that UN conventions can be conceived as binding for state owned funds, in a legal sense. Klein referenced a 2001 Swedish law that mandates that state-owned funds take social and environmental considerations into account without relinquishing their main target ensuring financial returns. She made a case for a clear division between the responsibilities of Ministry of Finance and fund manager. “Morality-based” exclusion policies should be left to policy makers, while fund managers should use their expertise to concentrate on enhancing the portfolio’s value. In Klein’s opinion, engagement strategies should address value enhancement; they should not be used to address non-material societal aims. She is also is a proponent of withdrawal mechanisms that permit investors to sell its investments in corporations if receives information about those companies’ complicity in severe human rights violations. She added that this type of mechanism had not been used at the AP:3. Klein focused on information strategies as a major dimension of engagement. She pointed out that AP:3, tries to promote corporate codes of conduct and the Global Reporting Initiative and she asserts that these instruments are absolutely vital in producing the information necessary for an investor to assess the potential risks facing corporations. . As an AP:3 representative, Klein said, she screens companies’ reporting. One important aspect of her assessments are whether companies’ reporting was consistent with the Global Reporting Initiative. If they are inconsistent, she said she would engage in dialogue with the companies in an attempt to promote the initiative’s benefits. 4 Xavier de Bayser, is CEO at IDEAM/Credit Agricole, France, with 32 years experience of corporate management and 16 years of experience of active quantitative portfolio management, the last six with a focus on SRI De Bayser took a financial and philosophical point of departure in his presentation. Philosophy, he argued, is important because it teaches you to ask the right questions. The important question to ask, according to de Bayser is: It is possible to combine ethical goals, as described in the Graver report, with performance? Is it possible to add a third dimension to the investment process? In other words, to combine risk, return, ethics? When you start thinking this way, he claimed, you make some interesting discoveries. He summed up these discoveries in four points: 1. Firstly: trying to capture the behaviour of listed companies with environmental and social responsible and governance issues, de Bayser argued, you are compelled to pay more attention to extra financial criteria. As your analysis leads you to evaluate non tangible assets of companies, you discover that about ¾ of the value of the company is dependant on such assets, he claimed. So surprisingly, looking for ethical goals you find efficiency, as well as better understanding of risk, reputation and innovation. Drawing a religious analogy, de Bayser quoted a German poet: “where there is danger there also grows salvation”. 2. De Bayser’s Second point was that to capture the right information is difficult, and to include this information in the investing process is even more difficult. Rating the companies correctly on these extra financial criteria is one of the key points. De Bayser pointed out that there is progress made in Sweden and referred to Pernilla Klein’s argument that it was necessary to go towards the second generation of rating. De Bayser was convinced that that implies paying more attention to the quality of data gathering and looking for specific issues sector by sector with weight factors to different segments. Social governance, he claimed, will generally have strong economic impacts for companies and their future profits. 3. Thirdly, de Bayser underlined the methodological weakness of much of the SRI investment debate. He was disappointed by studies trying to demonstrate the performance of SRI and found these reports to be misleading. The problem was, he claimed, that most of the SRI funds are traditionally managed, and a portfolio manager, even if he choose his stocks from the universe of the worlds best companies on ethical criteria, makes a lot of bets. He makes sector bets, country bets, capitalisation bets, style bets and many others. This means, according to de Bayser,that you will never know where the performance comes from. He therefore argued that it is essential to take a quantitative approach so that you can concentrate your risk taking only on stock picking on ethical criteria. By doing so, he argued, you are able to clearly demonstrate the performance coming from extra financial criteria. 4. De Bayser’s fourth point was that performance will come with time, because these considerations are not yet reflected in the stock prices. In the future, he claimed, companies that are new and bad at transparency will have this negatively reflected in their stock price. Enron and WorldCom should all be familiar examples. Extra 5 financial rating is not yet reflected in the stock price, but will be so when more institutional investors choose SRI. At that time, he argued, the performance will grow. He here, in other words, argued that SRI performance depends on the institutional investors implementing their good governance and SRI strategies. In this perspective, de Bayser saw the petroleum fund as one of the major actors who are able to gear a “virtuous” circle. Drawing on chaos theory, de Bayser pointed out that even a small event can change the market completely. Formulating a vision for the Petroleum Fund, he said that: “The petroleum fund is like a mammoth and the chaos theory talks about butterflies. The Petroleum Fund therefore should be like a mammoth with the spirit of a butterfly to move the SRI practices forward”. Being more specific, de Bayser ended making three recommendations, one of them reiterating a recommendation already made by Peter Butler: 1. Put more pressure on the portfolio managers to make use of the extra financial criteria, and really make them use these criteria. The performance of the Petroleum fund will depend on this. 2. Give someone a mandate to specialize on quantitative processes. This mandate will provide a really useful benchmark tool. I like the idea of live benchmark. A live benchmark is to see the performance of this company against another company. And this gives an incentive to the company to go further with its performance. 3. You should try to organize the community of large institutional investors and recommend engagement in pushing for SRI and corporate governance criteria. I know that the French view on this is to share information and ideas on the topic. 6 Paul Hohnen, director of the Global Reporting Initiative (GRI) Hohnen argued that the 21st century themes of transparency, better governance and enhanced performance are absolutely essential to economic development. He stressed that it is vital that we place demand on business, because there is virtually no link between the commitments that governments are making and what the market is doing itself. Like Butler and Klein, Hohnen praised the Graver Commission for confronting the placement of socially-responsible investment criteria in a detailed, rich and philosophical fashion that took real ethical complexities into account. He also welcomed references to the OECD Guidelines for multinational enterprises and the United Nation’s Global Compact Principles. He envisioned these documents as a part of an emerging CSR framework that Government, business and accounting firms may use to drive international investments more in the direction of where governments want it to go. At the same time, he was disappointed that the Commission had overlooked the United Nations Development Programme’s Millennium Development Goals which were unanimously adopted by world leaders at the 2000 Millennium Summit. Hohnen emphasized the importance of having tools in place to translate the Committee’s commitments, aims, and aspirations into actual performance enhancing measures. He viewed the GRI as an emerging tool kit that could be used by corporations examine performance and use as a reporting framework. The GRI has recently incorporated the UN Global Compact Principles and OECD Guidelines. Its user guide illustrates how the GRI guidelines can be used to benchmark corporate performance with respect to the OECD Guidelines and Global Compact Principles. Finally, Hohnen highlighted the importance of software-based tools to support the GRI. He added that software enhancements made within the coming years, will reduce reporting burdens. 7