Breaking
away from a long tradition of acceding to the demands
of its foreign creditors, Argentina was, in March,
once again threatening to challenge that article of
faith in international finance of not defaulting on
IMF loans, for the third time in seven months. But,
in this latest standoff with the IMF, even as President
Nestor Kirchner stood his ground on a debt restructuring
offer to the private creditors of the country, the
Fund disbursed the loans due under an ongoing programme,
and avoided a last-minute default by the country.
It seems that the Fund will increasingly be concerned
solely about saving itself and whatever little credibility
it continues to keep with international financial
markets, while at the same time ensuring that private
investors in sovereign bonds remain active as well.
While Argentina tries to play one against the other,
can the conflicts of interest between the multilateral
institution and private creditors draw the Fund out
of the sheath of the 'preferred creditor' status,
to the reality of the current international financial
system?
The Backdrop
Argentina has been recovering from a record sovereign
debt default of $141bn in end-2001, paying for the
cumulative transgressions of the irresponsible and
misguided economic policies of its erstwhile military
rulers, foreign creditors and the IMF.[1]
But, the present story goes back to when Argentina
had emerged from the first showdown with the IMF,
after temporarily defaulting on Fund loans in September
2003. The six-month transitional agreement approved
by the Fund in January 2003, which had rolled over
Argentina's debt service to the Fund on existing arrangements,
had expired in that August. But a new agreement for
initiating a three-year stand-by arrangement (SBA)
was held up when the Argentine authorities refused
to agree to three major IMF demands: (1) Generate
a primary fiscal surplus of 4.5% of GDP in 2004 (from
2.5% of GDP in 2003); (2) Agree on a deadline for
increases in the privatized utility rates; and (3)
Hold meaningful negotiations with private creditors
owed about $100 billion, whom it had not paid since
defaulting on private sector debt in end-2001.
In a stark departure from his predecessors, President
Kirchner had refused to accept these IMF demands.
He argued that he could not comply with these as it
would mean further contractionary measures and more
suffering for a people who had already suffered immeasurably
through a series of contractionary policy prescriptions
under the IMF 'support' programmes since the 1998
depression. Thus, on September 9, 2003, Argentina
temporarily defaulted on a $2.9 billion payment to
the IMF. But, the IMF had finally made compromises
on most demands and signed an arrangement that included
a smaller primary fiscal surplus for 2004 (3% of GDP).
Apart from the standard package of 'structural' fiscal
reforms, introduction of inflation targeting, banking
sector reforms, a new regulatory framework for utility
companies, a modified corporate bankruptcy law, etc.,
the new agreement included a commitment by the government
to conclude negotiations with its private foreign
creditors on debt restructuring by mid-2004.
The Stand-Off with the
Fund
Soon after this agreement last year, the Kirchner
government made an offer to foreign creditors to accept
25 cents-worth of fresh bonds for every dollar of
Argentine debt they hold, on extended maturities and
lower interest rates. Creditors have weighed the offer
after pricing in unpaid interest and the riskiness
of the new bonds, which means that they face a “haircut”
of 90% off the full value of what they are owed. But,
they want at least 65% repaid and have complained
that Argentina has not been negotiating seriously.
By February this year, advancing on private sector
debt restructuring became the “most critical”
issue confronting Argentina, as the country came up
for the second review by the Fund before approving
the next instalment of the SBA loan.
It must be noted that Argentina has met all end-December
2003 quantitative policy targets in their economic
program with wide margins, and all continuous structural
performance criteria were observed. Further, policies
remain on track towards meeting the end-March 2004
targets. The economy is expanding at a faster pace
than projected, with real GDP estimated to have increased
by 8.4 percent in 2003. On the fiscal front, the consolidated
public sector primary surplus for 2003 was about 3
percent of GDP, ½ percentage point above the
target. In mid-February 2004, the government also
announced a 10-35% increase in tariffs charged to
industry-level users for electricity and natural gas,
and for liquid gas used in passenger transport. But,
even though Argentina has met most of the macroeconomic
policy targets laid out in the September program,
the lack of progress in restructuring the private
sector debt became a bone of contention.
The Fund wanted Argentina to publish a decree authorising
the appointment of several international investment
banks to advise on and organise an eventual restructuring
deal with creditors. The banks were announced in February,
but President Kirchner was yet to sign the decree.[2]
Secondly, the Fund wanted Argentina to formally recognise
and negotiate - though not necessarily exclusively
- with the Global Committee of Argentina Bondholders,
a group claiming to represent retail and institutional
investors holding about $37bn in defaulted Argentine
bonds. Thirdly, it has been pushing the country to
raise its expectations over investor participation
rates in an eventual debt-restructuring from 50% to
80%.
There was as a stand-off at the end of long drawn
negotiations, as President Kirchner refused to budge
on his stand that the creditors agree to write off
75% of the defaulted debt. For the government, any
repayment terms better than the offered one would
mean that over and above the primary fiscal surplus
of 3% of GDP targeted for 2004, it would need to squeeze
its taxpayers and social welfare system even further
to generate the required additional resources. Although
growth forecast for 2004 is at 6.9%, 50% of people
are still living below the poverty line and more than
15% are still unemployed. Thus, paying creditors any
more could risk plunging the economy back into recession
and reigniting the political instability of 2000-02.
For Kirchner, who had come to power in May 2003 on
the pledge that he would not "return to paying
debt at the cost of hunger and exclusion of Argentines,
generating more poverty and increasing social conflict”,
the priority seemed clear - to reinforce the long-awaited
post-crisis recovery.
Thus, Mr. Kirchner insisted that Argentina could not
pay more than the 25% offered to the creditors. Further,
the country would make the payment to the Fund coming
due on March 10th only if it had assurances that the
IMF would disburse the latest portion of the September
2003 loan package. However, the Fund insisted that
it can lend to a country in default only if it negotiates
in "good faith" with its creditors.
The Predicament of the
Fund
Surely, Mr. Kirchner must have risked another stand-off
with the Fund knowing that despite the hardened stand
it was putting upfront, this time around too the US
did not want to have another 'problem' in the region
and hence would persuade the other G7 members on the
Fund Board to release the funds (like in September
2003 and during the 2004 January review). On the other
hand, more fundamentally, he must have clearly understood
that the Fund would not be willing to risk another
default on its loans and send the wrong message to
sovereign debtors.
With Argentina's debt constituting 15% of Fund's loan
portfolio, an Argentine default would have dire consequences
for its financial position and its ability to continue
financing other sovereign borrowers.[3]
Further, if the Fund had stuck to an uncompromising
stand, and if Argentina had managed to default on
its debts to both the private sector and the Fund
successfully without risking the predicted economic
collapse, then that would be opening the floodgates
(for more sovereign defaults). This is still not something
the Fund wants to accept ideologically. Thus, a decision
not to support Argentina would have undermined the
Fund's position financially and institutionally.
Thus, while the Fund's official stance was that it
had to hold off the next tranche of funds to Argentina
in order to avoid the moral hazard problem (which
is of sovereign debtors' according to official and
private lenders), it was inevitable that it had to
finally go against its 'lending-into-arrears rules'
and agree to release the funds. However, the point
seems to be that by building up the pressure before
the second review, the idea was to finally make the
debtor country come to the table and continue to get
its agreement on a number of creditor demands.
In a last minute deal, Argentina signed a new agreement
with the Fund on March 10th, conceding to several
of its demands over the treatment of private creditors.
Although the economy minister Roberto Lavagna has
made it clear that Argentina's offer to repay private
creditors 25 cents on the dollar still stands, as
per the new agreement, they have now committed to
formalise their offer to the creditors between coming
June and August.
Ironically, while the US geo-political concerns and
indeed its interests as the largest creditor to the
IMF blend well, the latter may collide with the interests
of US private creditors to Argentina. So, it seems
the US is in a predicament over Argentina.
Reportedly, groups representing investors in Argentine
debt were less impressed with the commitments the
IMF has secured on their behalf, despite the fact
that the IMF's sustained support, in effect, continues
to be a bailout for them.
Private Sector Debt
Restructuring
There are an estimated 700,000 retail (43.5%) and
institutional holders (56.5%) of Argentine government
bonds in default. The latter comprise 152 bonds issued
in 7 currencies[4] under
8 jurisdictions.[5] Among
the hundreds of thousands of private individuals involved,
the largest numbers belong to Italy, Japan and Germany,
apart from Argentine investors. The variety of instruments
and the diversity of the investor base and governing
laws of these bond contracts clearly reflect the complexity
of getting any proposed debt restructuring scheme
on track.
Complicating matters further is the fact that some
of the institutional holders are investment funds
(also called 'vulture investors'), who typically buy
up the grossly undervalued debt of countries in financial
distress with the expectation of demanding repayment
on original terms and attaching debtor assets to gain
that. Even though a sovereign country which finds
its external debt unpayable cannot in principle be
liquidated by its creditors to obtain payments like
in corporate bankruptcy, an implicit guarantee of
full repayment has been built into the international
financial system by the multilateral lending bodies,
through precisely the pattern of behaviour as that
has unfolded in Argentina.
By financing large rescue packages, the IMF manages
to prevent any major default by countries in payment
problems, which, in effect, bails out creditors who
did not exercise due diligence when lending to public
and private agents in emerging markets. This automatic
rescue gives an incentive to creditors to over lend
in high risk loans, and often gives rise to significant
“creditor moral hazard problem” in the
sovereign debt market, which the Fund has helped perpetuate
for decades.[6] Indeed,
this contrasts with creditors' overemphasis on the
moral hazard on debtors' side as the justification
for refusing debt write-downs.
Driven by such implicit sovereign guarantee, vulture
funds had purchased Argentina's heavily depreciated
debt paper in late 2001, just before its default.[7]
These investors bet on the very high interest rates
that were offered on the Argentine bonds issued in
the nineties, which was as high as 15.5% for some
of them.[8] It is clear
that vulture creditors are not the bonafide creditors
or the original investors. But, while they make large
gains from the “risk premium” associated
with this secondary involvement in emerging markets'
debt, they refuse to accept the credit risk associated
with their decisions when it comes to a sovereign
default and the need arises for working out a debt
restructuring plan.
With creditors wanting more than the 25% offered by
the Argentine government, hundreds of bondholders
have initiated legal proceedings as a way to achieve
a bigger settlement. This has been the typical experience
of sovereigns faced with unpayable debts. Large lenders
with heavy exposures who would like to protect their
investment as far as possible will want to provide
the country a chance to adjust and meet its commitments
by deferring them, even if on harder terms. However,
investors with smaller exposures will want to cut
their losses and leave, and therefore want immediate
and not deferred settlement, on the best possible
terms and go in for litigation. These conflicts of
interests and the holding out by individual creditors/vulture
funds often create hurdles in the path of a successful
debt restructuring.
Indeed, since Argentina defaulted in late 2001, many
investment funds have been insisting on payment on
their 'investments” and attempting to seize
the country's assets in order to get it. For example,
on Feb. 9, the Cayman Islands-based NML Capital Ltd.,
a vulture fund that claims Argentina owes it $172
million, succeeded in getting courts in Maryland and
Washington D.C. to place a lien on 15 properties belonging
to the Argentine government. The properties included
all diplomatic residences, the mission to the Organization
of American States, and four storage depots containing
Air Force and Navy military equipment. Only the Washington
embassy itself has been spared. Even though the Foreign
Sovereign Immunities Act provides immunity to diplomatic
representations and the outrageous suit has since
been declared illegal and a gross violation of international
laws, the fact remains that these litigations are
disruptive.
Some other creditors were trying to recoup their cash
through the courts by attempting to seize other assets
in the United States that they claim belong to the
Argentine government. At the petition of a Uruguayan
company holding $555,000 in Argentine bonds, a US
federal court froze $11 million in New York bank accounts
belonging to a bankrupt postal company, which the
former claimed belongs to Argentina. Later on, the
freeze was lifted as the plaintiff could not prove
that the postal company belonged to Argentina.[9]
Such litigation attempts and the failure of collective
action by a sovereign's diverse creditors complicate
and delay the process of finalising a restructuring
agreement. This is because a debt restructuring proposal
cannot go through, as existing contracts contain unanimous
action clauses (UACs). Thus, the present terms of
the contract cannot be changed unless all creditors
agree. In fact, the long-drawn process that follows
means that principal and interest arrears keep accumulating.
Eventually, indebted countries often end up repaying
amounts several times the original credit taken by
them, at severe costs to their developmental concerns.
In fact, Argentina's total public debt, which stood
at US$ 144.5 billion in December 2001 at the time
of its default, had already increased to US$ 185.3
billion as of December 2003.
The default of 2001 itself had a lot to do with the
fact that the international financial system does
not have an orderly and predictable framework that
allows a country in payments difficulties to promptly
and 'legitimately' apply a temporary payment standstill
and a stay on creditor enforcement (litigation), which
will allow it to restructure its payment obligations
without endangering a financial collapse. The only
available mechanism has been for the IMF, as the lender
of the last resort, to extend funds to the country
to enable it to meet its external payment obligations.
Thus, during the years of Argentina's deepening depression
since 1998, the fund had gone on extending financing
to Argentina even as it had become increasingly clear
that the situation was deteriorating in several dimensions.
In a clear vindication of the moral hazard problem
discussed above, the private financial community too
was willing to finance the growing borrowing requirement
associated with this fiscal deterioration, until late
2000.
In the absence of a predictable mechanism for undertaking
a pre-emptive debt restructuring, as the economy continued
its rollercoaster ride during 2001, authorities made
further unsuccessful attempts to stabilize the public
debt dynamics. This included a voluntary, market-based
debt exchange operation completed in June 2001, which
the IMF backed. Although the swap reduced the immediate-term
debt service obligations, the implicit interest rate
on the operation was more than 17 percent per year.[10]
The latter exceeded the expected growth rate of the
economy by many times and contributed to further concerns
about the solvency of the public sector.
As creditors refused to roll over maturing loans,
the Fund finally stopped pouring money into the defence
of Argentina's indefensible currency peg in the name
of maintaining investor confidence in end-2001. By
then, both the economy and the public finances were
in deep crisis. In December in a series of events
that has now been systematically documented, Argentina
had to finally declare default on public debt and
impose a debt moratorium (except on those that had
been subject to Phase I restructuring), devalue the
peso, and descended into economic and political turmoil.
An October 2003 IMF internal staff review on the Argentine
crisis,[11] which has
recently been released has acknowledged how the Fund
miserably failed in preventing the country's slide
into chaos. According to Fund staff, as the economy
failed to recover from the recession, along with the
abandoning the currency board, a pre-emptive ('involuntary')
sovereign debt restructuring that would have provided
both sufficient liquidity and net present value relief,
combined with a strategy to limit the adverse consequences
of such a step on the banking system was the possible
alternative before the country, both in 2000 and also
in 2001.
But, under the prevailing system, any attempt at pre-emptive
debt restructuring would be interpreted by the financial
markets as sovereign default, and would itself precipitate
a financial crisis that it intends to hold off. The
Argentine crisis illustrated the consequence of timely
debt restructuring in cases in which the debt dynamics
have become irreversible. Lending new money or capitalising
interest arrears while refusing to acknowledge sovereign
insolvency and granting adequate debt relief, only
helps postpone the inevitable slide into an unsustainable
payment situation at a yet higher level of debt.
The economic and political collapse in Argentina was
unfolding following on a series of financial crises
in Mexico and East Asia, and the Russian default in
1998. In all these countries, the Fund has had to
coordinate and part-finance huge rescue packages and
debt workouts. As the threat of repeated crises became
all too real with widespread financial deregulation
and liberalisation, the Fund seemed to realise that
the situation was becoming infeasible. It was in this
context that the then First Deputy Managing Director,
Anne Krueger, took up a proposal for developing some
form of an international sovereign insolvency framework.
But, discussions by the IMF on its proposed international
insolvency framework - the Sovereign Debt Restructuring
Mechanism (SDRM), degenerated into attempts by the
Fund to consolidate its own role in the financial
affairs of the debtor countries, and to tilt the balance
once again totally in the interests of creditors.[12]
Thus, the SDRM in its current form was rejected in
the 2003 IMF spring meeting.
There has been some progress with other approaches,
including the promotion of 'collective action clauses'
(CACs) in sovereign bonds and a Code of Good Conduct.
The Code of Good Conduct does seek fair burden sharing,
while preserving the debtor's financial status and
reaching debt sustainability quickly through arbitration.
However, it is proposed as a voluntary debt re-negotiation
scheme. On the other hand, collective action clauses
(CACs) are restructuring clauses that can be incorporated
in individual sovereign bond contracts, to limit the
ability of dissident creditors to block a widely supported
debt restructuring. While CACs offer the market-friendly
solution that creditors support, how countries having
a diffuse and diverse creditor base with different
creditors able to seek enforcement of their rights
in different legal jurisdictions, will deal with the
issue of coordination by relying entirely on collective
action clauses, is not yet clear. Thus, the problem
the SDRM was meant to address has not gone away.
Argentina's Current
Offer
The Argentine government has based its restructuring
proposals laid out last September on ensuring minimal
debt overhang. Debt eligible for restructuring has
been defined as all bonds issued prior to the cut-off
date of 31 December, 2001. The government's offer
is for simultaneous exchange offerings and bonds amendments,
to reduce the number of currencies to only US dollar,
euro, yen and Argentine dollar, with reduced number
of governing laws (New York, London, Japanese and
Argentine).
The proposal discusses a variety of types of new bonds
that could be issued: “Discount” bonds
with a possible 75% face value reduction at 1-5% interest
rate; “Par” bonds with no reduction of
face value, but at 0.5-1.5% interest rate; Quasi-Par
Bonds with a small reduction (possibly 30%) at 1-2%
interest rate, but comparatively lower coupons and
longer maturities; or Capitalization Bonds (should
be read as 'Equitisation'). Another proposal has been
that variants of all bonds above with a lower base
coupon and with a premium that depends on the GDP
growth may also be offered.[13]
Table 1: Argentina's
Debt Stock. |
|
At End-2003
(Estimated) |
|
December 2001 |
|
Outstanding
Debt |
|
|
|
Billion
US$ |
%
of Total |
|
|
Billion
US$ |
%
of Total |
DEBT TO BE RESTRUCTURED |
|
|
|
|
|
|
Eligible Debt (Bonds) |
99.4 |
48.7 |
|
Bonds |
61.8 |
42.8 |
Bilaterals |
5.3 |
2.9 |
|
Bilaterals |
4.5 |
3.1 |
Commercial Banks |
1.8 |
1.0 |
|
Commercial
Banks |
2.0 |
1.4 |
Other Creditors |
0.31 |
0.2 |
|
Other
Creditors |
1.5 |
1.1 |
Sub-Total |
106.8 |
52.7 |
|
|
|
|
EXCLUDED DEBT |
|
|
|
|
|
|
IFIs |
30.8 |
17.2 |
|
IFIs |
32.4 |
22.4 |
BODENs * |
20.6 |
12.6 |
|
|
|
|
Guaranteed Loans* |
24.6 |
8.7 |
|
|
|
|
Provincial Guaranteed
Bonds*
|
10.2 |
5.7 |
|
Provincial
Guaranteed Bond *
|
42.3 |
29.3 |
Others * |
2.5 |
2.6 |
|
|
|
|
Sub-Total |
78.5 |
47.3 |
|
|
|
|
|
|
|
|
|
|
|
Total |
185.3 |
100.0 |
|
Total |
144.5 |
100.0 |
Note:*
Issuances resulting from the collapse
of convertibility (Dec.2001) and
obligations prior to such date.
|
Sources: Argentina's
Restructuring Guidelines, September 2003,
Ministry of Economy and Production, and
Presentation by the Secretary of Finance
to the Consultative Groups Meeting, October
2003.
|
|
The options have been formulated
to achieve an overall reduction of 75% in the nominal
value of the debt stock.[14]
The government has to take into consideration the
domestic financing demand that will arise on account
of pensions (50%) and reinvestment of guaranteed loans
and BODENs amortizations (75%). Meanwhile, the payment
capacity underlying the proposed restructuring offer
assumes an average real GDP growth of 3.8% for the
next five years, exchange rate of 1.59%,[15]
inflation at 7%, and a consolidated primary surplus
at 3%. And importantly, the program is based on the
World Bank and IDB maintaining their exposure to Argentina,
which is key to protecting international reserves.[16]
With the government committed to reducing the export
tax and financial transactions tax under the IMF conditions,
the sources of government revenue are only the standard
income tax, VAT and some non-tax revenues. The burden
of any attempts to increase government revenue will
directly fall on the common man. On the other hand,
with 50% of the federal government expenditure distributed
roughly equally between social security and transfers
to provinces, any further expenditure reduction both
by the federal and the provincial governments will
mean a drastic reduction in pension, health, education
and other components of the social welfare system.
The fact is that even with the proposed 75% reduction
on face value, public debt to GDP ratio, which is
currently close to 150%, will still be more than 90%,
which is above the level considered sustainable (See
Figure 1). Thus, it is clear that if the government
has to ensure liquidity with a new debt profile matched
to Argentina's payment capacity, the debt stock
has to be reduced as per the offer. It has been adequately
clear from earlier sovereign debt restructuring exercises
that a debt restructuring which does not involve a
significant reduction in the present value in addition
to short-term liquidity relief, will not lead to a
sustainable solution.
Figure 1:
Argentina's Public Debt as Percentage of GDP
(Projections)
Source: Same as above.
|
The government's approach aimed
at reaching a collaborative agreement consists of
the following elements: (i) to appoint banks to assist
in preparations and help market the exchange offer;
(ii) to hold additional meetings and engage in constructive
negotiations with all representative creditor groups,
including the Global Committee for Argentine Bondholders
(GCAB), domestic institutional and retail holders,
and European retail bondholder organizations; and
(iii) to formulate the offer so that it will result
in a sustainable debt for Argentina and would attain
broad support from creditors.
Six banks have been selected to assist in the restructuring
process and have been hired for nine months or until
an exchange launch (whichever is the earlier). The
government has also invited 22 creditor groups to
meet in Buenos Aires to continue the dialogue. They
have agreed to reach agreement on a follow-up process
and timetable by mid-April 2004.
Issues in Debt Restructuring
The Fund claims that bringing Argentina and its creditors
to the table to discuss a deal whose broad parameters
the IMF has specified would address a type of collective
action problem. However, persuading bondholders to
accept its offer within the timeframe that has now
been set could yet again lead to further standoffs.
Failure to follow the principles of burden sharing
under a debt write-down scheme can undermine any debt
restructuring agreement.
Under the current proposal, the government's stand
is that investors in BODENs and provincial guaranteed
bonds have incurred substantial loss on their original
assets from the first phase of the restructuring (involving
banking sector restructuring and guaranteed loans).
Therefore, restructuring them again would amount to
further reduction and would risk a return to the unsustainable
conditions in early 2002.
On the other hand, in the case of the IFIs it is acknowledged
that the preferred creditor status they enjoy is rather
more the result of the “consensus” in
the international financial community.[17]
The scope and type of treatment that the government
would seek from the official bilateral creditors are
also to be treated separately. This is the classic
conflict that exists in sovereign debt restructuring
between multilateral (and other official) creditors
and the private creditor community. The 'preferred
creditor' status of the former qualifies them for
not taking their share in a debt relief offered to
a country with unsustainable debts and also allows
them to get priority/seniority over existing claims
in a debt repayment schedule.
Clearly, if the country decided to continue reneging
on its existing debt, private creditors would not
receive anything at all. So, to price-in the interest
arrears while working out a negotiable debt write-down
is unreasonable on the creditors' part. But, even
when the problem of 'vulture funds' is considered,
it is not justifiable that the private creditors are
exclusively made to pay for the flaws in years of
IFI decision-making and made to shoulder the additional
burden of the “hair-cut” which the IFIs
should be bearing. Argentina can offer more to its
private creditors, only if the other creditors are
also brought into the restructuring and made to share
in the debt reduction plan.
The attempt to preclude the IFIs from the restructuring
proposal will only serve to reinforce the fact they
continue to remain exempt from accountability for
their decisions in particular debtor countries. This
is even more accurate for Argentina, a country which
has borrowed from the institution in 34 of the last
45 years and has been an obedient disciple of Fund
programs.[18]
Repaying old IMF loans with new IMF loans is generally
justified on the basis that resources are not diverted
from more pressing needs of the country towards meeting
debt payments. But, this is untrue for a large number
of countries, given that there have been IMF conditionalities
related to fiscal constriction to meet debt repayments.
Further, by adding to the government's gross financing
needs in later years, rolling over of IFI loans also
undermines medium-term debt sustainability. In fact,
past debt management has adequately established that
debt relief that does not include the claims of the
IFIs would not lead to a sustainable debt situation
for indebted countries.[19]
To top it all, the country continues to remain enslaved
to the deadlines and programmes of the Fund, with
the international financial community building up
a scenario of apocalypse as each deadline approaches.
And despite the IMF hype about the lack of progress
in debt negotiations hindering the return of Argentina
to the capital markets for fresh funds, private creditors
will be willing to invest in future viable projects
if they are given a fair treatment for the existing
claims.
Argentina's talks with its creditors can thus be expected
to be long and tough as creditors fight to salvage
as much of their investment as possible. In the long
term, the only solution to avoid a lengthy and uncertain
negotiation process involving the private sector alone
which inevitably reduces their incentive for an early
settlement is a proper mechanism for sharing the burden
of dealing with sovereign bankruptcies more equally
between all the stakeholders. Indeed, it should be
the private creditor community which recognises this
wisdom in burden sharing and demanding it from the
Fund and other official creditors. The fact such a
debt workout will lead to better repayment to them
should be incentive enough. In fact, then, it might
be in the interest of the private creditors to actually
insist that the present debt restructuring proposal
include burden-sharing by the IFIs and bilateral official
creditors.
However, what is not clear is what Argentina had to
lose from sticking by its tough stance and declaring
default, as it had done last September. While the
short-term impact would undoubtedly be painful, Mr.
Kirchner could have gambled that his country was too
important an emerging market for the capital markets
to ignore. The lesson from the Russian debt default
in September 1998 is in fact that the investors are
bound to come back to a country that is large enough.
While Kirchner seemed willing to take on the gamble,
ostensibly after weighing up the risks of triggering
the largest ever default, what made him change his
stance? Was he only trying to build up domestic political
mileage out of the stand-off with the IMF, while all
along he has been willing to play along? Will he now
be able to balance the trade-offs to the lenders and
his domestic constituencies? We will have to wait
and watch…
Meanwhile, the solution will need to be two-fold.
At the international level, it might be worthwhile
for the Fund to break the gridlock in debt restructurings
by taking a cut on its own loans to countries facing
unsustainable debt. But, in the final analysis, reducing
the possibilities for the emergence of unsustainable
sovereign debt situations and financial crisis will
require countries to reorient their policies and institutions
domestically, and retain adequate regulations on the
financial flows in and out of its borders.
MORE
ON ARGENTINA CRISIS
April 13, 2004.
[1] See
the background to Argentina's debt crisis in Ann Pettifor,
Liana Cisneros and Alejandro Olmos Gaona, 2001, 'It
Takes Two to Tango: Creditor Co-Responsibility for
Argentina's Crisis', Jubilee Plus Report, and Dani
Rodrik, 2002, 'Trade Rout', Jayati Ghosh, 2002, 'Argentina:
A Cautionary Tale from South America', etc. at http://www.networkideas.org/featart/featart_Argentina.htm
[2] The chosen banks are Barclays
Capital, Merrill Lynch and UBS Investment Bank.
[3] The fact that The Financial
Times, while calling for the IMF to "stand up
to the blackmailer" and cut Argentina off in
January end and early February also suggested that
the G-7 had better put together a credible financing
plan so that the IMF itself wouldn't end up in bankruptcy
after an Argentine default, spoke volumes about the
Fund's predicament.
[4] Dominated by US dollar (53%),
followed by Euro and Argentine peso.
[5] These are New York (51%), England
(18%), Germany (17%), Argentina (11%), Japan (2%)
and others (1%). Source: Argentina's Restructuring
Guidelines, September 22, 2003, Ministry of Economy
and Production.
[6] In fact, with the exception of
Russia, where $16 billion of support proved inadequate,
markets have not suffered a single dollar of loss
on major emerging sovereign lending. See Ann Pettifor,
et al., 2001.
[7] See 'Argentina plays 'chicken'
with IMF', 8 March, 2004, at www.bbcnews.co.uk
[8] The weighted average interest
rate on Argentine bonds issued in dollars is 8.79%
and those issued in other currencies is 8.41%. This
compares with the interest rates of 2.43% on bonds
issued in domestic currency. Although the weighted
average interest rate on loans from the multilateral
institutions was 4.84%, interest rate on IMF loans
was as high as 10.3%. Source: Data on Federal Public
Debt as of 31 March 2003 provided by the Ministry
of Economy and Production.
[9] See Reuters, March 12, 2004.
[10] In NPV terms, this meant that
US$ 12.6 billion of debt service obligations were
postponed at a cost of US$ 22.1 billion. See IMF,
2003, Lessons from the Crisis in Argentina, Staff
Report prepared by the Policy Development and Review
Department, October 8, 2003 and the Speech of Secretary
of Finance at EMTA, December 4, 2003.
[11] See IMF, 2003, ibid.
[12] Among other flaws, the current
SDRM proposal offers a rather limited protection for
debtors, with private creditors having a key role
in the decisions regarding payment stays, and has
kept both multilateral and bilateral official creditors
out of the process. For a detailed critique, see Smitha
Francis, 'IMF's SDRM Proposals: An updated Critique
of Conceptual Issues', May 2003, at www.networkideas.org
[13] The debt restructuring proposal
is based on Consultative Working Groups Meeting October
2003.
[14] With Argentine investors holding
38% of the eligible debt within Argentina and part
of the overseas holdings also, more than 50% of the
eligible debt is held by Argentine investors. How
this will influence the final decisions is however,
not explicit.
[15] The exchange rate was 2.88 and
average inflation rate was 14.4% in 2003.
[16] The exposure to the multilateral
institutions is expected to be reduced only from 2014.
[17] See The Ministry of Economy
and Production, Presentation by the Consultative Working
Groups Meeting, October 2003.
[18] Between 1991 and 2002 alone,
it sent around 50 missions to the country.
[19] See a detailed discussion in
C. P. Chandrasekhar, Jayati Ghosh and Smitha Francis,
'SDRM: Insolvency or Liquidation?', March 31, 2003,
available at www.networkideas.org
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