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East-West Debt is an international
company active in asset trading, debt recovery and debt collection
of overdue claims on high risk countries. The company has set
up a network of specialists, with many years of overseas experience
in the recovery of claims, especially in Africa, the Middle East,
Eastern Europe, Latin America and South-east Asia.
Turkey : IMF considers
$14bn loan
The International Monetary Fund is considering lending Turkey $14,3bn. The 3-year deal is
designed to eliminate worries about Turkey’s ability to service
its large domestic debt but is conditional on approval by the
IMF’s board. Under pressure from the U.S., the IMF has been
negotiating the loan, which would make Turkey its biggest
single borrower.
The proposed loan includes $14bn left over
from Turkey’s current IMF deal and has to finance the $10bn
financing gap estimated for this year. It also enables Ankara to
substitute the longer term standby money, repayable after
four years, for a more expensive $5.5bn IMF loan maturing next
year. The money’s disbursement -up to $9bn of which could be
paid early in the year to help drive down interest rates now at
70 % - will be conditional on Turkey’s possibility to adopt
demanding economic reforms.
Companies with overdue trade recievables on Turkey are invited to contact us for our solutions.
Argentina’s road to disaster
After the political change of the
military junta by democracy in the
1990s, Argentina opened its
financial markets and privatised its
public assets. This structural
evolution was supported by
monetary reforms in 1991.
The most important legal reform
was the “Convertibility Law,” which
froze the peso/dollar exchange rate
and tied the peso money supply to
the hard currency reserves. In 1991
the Argentine government
announced a major
foreign policy shift to a pro U.S.-position.
This made Argentina
more popular in the western world
and created new opportunities for
European and U.S. direct
Argentina’s road to
disaster(continued from page 1)
investments during the
privatisation process in
Argentina. It led to a strong
initial boost for the
depressed economy.
Although the investments
decreased by the mid-1990s,
especially because the assets
to be privatised became less,
capital inflows kept rising.
This was primarily the case
by the purchase of Argentine
dollar bonds.
Pleased with the strategy,
the IMF quickly granted
Argentina emergency credits
against the flight of capital.
The strategy supported the
economy during the 1995-
1996 Mexican crisis.
However, the repeated
credits failed to bring in new
private capital. It became
clear that the strategy had
reached a dead end and the
peso became severely
overvalued.
Badly hurt, the industrial
exports declined and
cheaper consumer imports
replaced domestic
production. Therefore,
industrial production
stagnated while
unemployment rose. The
government succeeded to
keep the economy floating
for a while by issuing new
dollar bonds. Of course,
these bonds had higher
interest rates. The policy
managed to cover the trade
deficits and expanding debt
servicing. But, the
overvalued exchange rate
held down exports and it
became evident that
Argentina was heading
towards a ”debt trap”.
Each year’s debt service was
increased and becoming
unsustainable. Neither an
IMF rescue package in
1999, nor a much larger one
in December 2000, was able
to reopen the international
bond market to Argentina on
reasonable terms.
Three policy changes are
now certain: default on the
dollar debt, new fiscal
saving measures and
exchange rate depreciation.
Meanwhile, the formerly
conducted dollarisation, is
no longer an option, even if
conservative Argentine
economists and politicians
have ever seen this as an
alternative for devaluation.
The Peronist party, which
controls Congress, has
promised to suspend service
on the dollar debt
immediately. In the
meantime, negotiations will
be held with the
bondholders. During these
negotiations, Argentina
might try to come to a
permanent write-down of at
least 30% of the debt.
However, devaluating the
peso will lower real wages.
Therefore the government
issued a new inconvertible
currency, the Argentino, in
order to increase the
domestic money supply.
Some almost bankrupt
provinces had already issued
a similar currency, the
lecops, to make wage
payments. These lecops still
circulate, but at a substantial
discount from the face
value. As a consequence,
workers paid in lecops have
already undergone a real
wage cut. Of course, this
provoked mass protests.
Lecops also have had an
effect on fiscal revenues.
They circulate at substantial
discounts between
enterprises, primarily to cut
their tax bills because they
are accepted at face value
for payments to provincial
and federal governments.
Issuing Argentinos in
massive amounts would
further cut the national fiscal
income as well as real
wages. The flight to the
dollar by the people of
Argentina reduced the dollar
reserves of the Central Bank
below a critical minimum
amount, putting the Central
Bank in violation with the
then still applicable
Convertibility Law.
The Bush administration
and the IMF feel
comfortable with their
rejection of Argentina’s cries
for help. They are convinced
that the immediate global
effects from Argentina’s
default will be minimal. The
reasoning is that, in contrast
to the Asian crisis, the
Argentina default has given
creditors enough time to
take protective measures
because it was long awaited.
However, this optimism may
underestimate some possible
repercussions.
One is that sovereign bond
defaults, plus the hardening
of the IMF’s position, have
been a signal to the
international financial
markets to raise the interest
rates on the bonds. This has
been the case for the last
three years and with the last
and biggest problem case
– Argentina – this could
very well happen again.
Latin American and Asian
countries, already with large
hard currency debts, are
facing hardening terms if
they want to make new loans.
Promoting exports, to diminish
the higher debt
service, has been more
difficult since the Asian
crisis of 1997. The major
consumer markets of the
industrial countries are all in
recession.
Moreover, the U.S., which
was formerly the global
importer of last resort, is
now turning again to
selective protectionism.
The terms of trade - for
exporters of primary
materials and low
technology industrial
products - have been
deteriorating. Increasing
export promotion will
intensify this deterioration.
Unless the industrial
countries recover soon and
come out of their recession,
most developing countries,
putting their hopes on new
exports, will only find
themselves more and more
impoverished.
Specifically for Argentina,
this negative impact might
be reinforced if the Peronist
government would impose
higher tariffs on imports
from its Mercosur partners,
notably from Brazil. Instead
of focussing on export and
export growth, the Peronists
might try alternatively to
build up regional import by
promoting the revival of
Mercosur and strengthen
this regional organisation.
Success in that effort could
have a positive impact in the
area, but a more global one
as well, since it would
undermine the U.S. goals for
free trade and free capital
movements.
A third channel is a political
one. If Argentina’s new
economic strategy - debt
default, expanded public
expenses and more
protectionist import oriented
growth - is to create a
sustainable economic
recovery, the strategy would
gain popularity amongst
other developing countries
as a viable alternative to
their troubled market.
The western world could play
it tough by not granting
emergency loans to
Argentina. In order to raise
the probability of failure for
Argentina’s breakaway from
neo-liberalism, this might
even be re-enforced by a
hard line in the forthcoming
debt renegotiations. However,
this would also increase the
risk that the resulting economic
chaos could produce
political chaos. It would also
increase opposition within
the IMF, and U.S. dominance
in the IMF policy towards the
developing countries.
Therefore, it is expected that
the debt rescheduling
negotiations with Argentina
can come to a positive end.
Companies with overdue trade recievables on Argentina are invited to contact us for our solutions.
Emerging markets
vulnerable after
attack on the World
Trade Center
All emerging markets are
suffering from the impact of
the attack on the World
Trade Center, but the real
cost will not emerge until
they need to return to the
capital markets to refinance
borrowings.
Already there is evidence
that emerging countries’
debt is out of favour with
investors. Trading volumes
in emerging market debt are
at one-third of normal
levels. Risk aversion has
clearly increased.
The spread between U.S.
treasuries and the emerging
markets index has widened.
Countries in Latin America
with close links to the U.S.
economy, such as Mexico,
Brazil and Argentina are
among the most vulnerable.
Rising commodity prices
could also be damaging to
all emerging economies
which import oil.
Countries with weak credit
rating are likely to be
affected more than countries
with stronger fundamentals.
However, one of the key risks
in emerging markets is the
ability of the emerging
economies to refinance
maturing debt in the coming
six months. At best, the cost
of accessing markets would
go up for most countries. At
worst the events in the U.S.
could close the markets to
borrowers for an extended
period. This would then
extend the risk of falls in
international reserves and a
need for emerging markets
governments to cut fiscally,
as maturing bonds have to
be repaid rather than
refinanced, with consequent
implications for growth.
It could also increase
concerns about the risk of
default.
Iraqi debt
Many enterprises, banks and
insurance companies are still
holding uninsured trade debts on
Iraq, due to exports or loans
originating from before 1990.
Please be aware that these claims on
Iraq may become time-barred.
East-West Debt is particularly
interested in purchasing or collecting
your Iraqi claims guaranteed by the
Rasheed Bank and the Central Bank
of Iraq.
The failure of the
IMF and World
Bank HIPC’s
program
The Heavily Indebted Poor
Countries (HIPC)-initiative
to reduce the debts of the
poorest countries, already
being criticized as
unsuccessful, was altered
last year, once again with
lots of doubts remaining.
Responding to the unprecedented
global movement
of 2000, the initiative now
offered a broad debt relief
and set out to secure a
lasting exit from debt
problems for the countries
involved.
The goal of the initiative
was to bring the envisaged
countries’ debt burden to
sustainable levels in order to
ensure that adjustment and
reform efforts are not put at
risk by continued high debt -and
debt service burdens.
However, when some
countries began to receive
initial cuts in their debt
payments under the HIPC
initiative last year, it was
clear that the reductions
were not likely to be enough
to allow HPIC-countries to
make a fresh start.
Debt payments in the first
22 countries to qualify were
due to fall by 27 %, leaving
them spending more on debt
than they currently do on
the health of their people.
Projections indicated that
payments in 2009 would be
just 14 % below what they
are now. In April 2001, an
official paper from the
World Bank and the
International Monetary Fund
admitted that HIPC debt
relief alone does not ensure
long-term sustainability.
It highlighted how
vulnerable countries are,
noting for example that, if
exports continue to grow at
the same rate as before,
rather than the growth rates
projected by the World
Bank and IMF, HPIC-countries
will never reach
even the level that those
institutions define as
sustainable. Under this deal,
the poorest countries will
not get the debt cancellation
they need. They will get
what the IMF and World
Bank are willing to give up,
which will be next to
nothing.
While the headlines have
suggested billions of dollars
in debt write-off, the reality
on the ground has been a lot
less impressive. The
countries, 22 in total, that
had begun to receive some
debt relief by the end of
2000 are paying $735m less
in total than they were
before. But they are still
spending more than twice
the amount in continued
repayments.
The World Bank and IMF
are now in danger of being
left as the last great debt
collectors from the poorest
people. After the impact of
the HIPC initiative and extra
steps promised by G7
countries, these 22 indebted
countries would owe more
to the World Bank and the
IMF than they owe to their
17 next biggest creditors put
together. In many countries,
the impact is huge: 58 cents
out of every dollar that
Zambia pays out in debt
service in the next five years
will go into the pocket of
IMF and Worldbank.
Similarly high levels of
40 cents or more per dollar
will be channelled to the
IMF and World Bank from
Uganda, Mali, Malawi,
Burkina Faso and Benin.
Because of the refusal by
the World Bank and IMF to
match the G7 commitment
to 100 % debt cancellation,
these 22 countries will be
denied more than $ 500m
every year for the next five
years and the payments will
continue long after that.
While the IMF and World
Bank call on donors to give
more, their own institutions
take more than any other
creditor from the poorest
countries, which endangers
their credibility on the issue
of global poverty.
Companies with overdue trade recievables on African countries are invited to contact us for our solutions.
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Moldavia warns of
debt default
Moldavia will default on its
international debts if it
cannot secure a rescheduling
agreement. The Moldavian
government urged the Paris
Club of official creditors to
be generous and help the
country, as it has the lowest
per head income in Europe.
The creditors are looking
favourably at Moldavia but
a deal has yet to be
finalised. According to data
of the Central Bank of
Moldavia, the country faces
a jump in its debt
repayments in 2002 to
$277m, or over 20 % of its
annual gross national
product. In June 2001, it
was late repaying $3.7m
interest on a eurobond.
Moldavia is promising to
implement market-oriented
reforms and is negotiating a
$142m loan program with
the International Monetary
Fund. The IMF is expected to
approve the package if
Moldavia meets several
conditions, including
accelerated privatisation.
A positive IMF decision
would pave the way to
following support from the
World Bank and the
European Union and
conclusive negotiations with
the Paris Club.
Companies with overdue trade recievables on Moldavia are invited to contact us for our solutions.
Pakistan wins
official debt
rescheduling deal
Pakistan secured a debt
restructuring deal from the
Paris Club of official
creditors in recognition of
its economic reforms and its
role in the war in
Afghanistan.
The creditors from the Paris
Club agreed to restructure
the country’s $12.5bn
sovereign debt, extending its
maturity and granting a
grace period during which
no principal has to be
repaid.
Two-thirds of the $12.5bn
debt was rescheduled for
38 years from now with a
grace period of 15 years.
The maturity of the rest of
the debt was extended to
23 years from now with a
five-year grace period.
Pakistan’s finance minister
negotiated the deal.
The deal would save Pakistan
about $3bn in the first three
years alone. Japan and the
U.S. are Pakistan’s two
largest creditors in the Paris
Club. Pakistan’s total external
debt is estimated at about
$38bn, which includes loans
from the IMF, Asian
Development Bank and the
World Bank.
Although Pakistan’s
domestic and external debt
burden stands at 115% of its
GDP, it is not considered to
be among highly indebted
countries that qualify for a
debt write-off. In addition,
the $12.5bn debt was
overseas development aid,
which has a low interest rate
of about 2.5% but which,
once again, cannot be
written off.
Companies with overdue trade recievables on Pakistan are invited to contact us for our solutions.
UN embargo against
Iraq
Convinced that U.S.
sanctions would be in place
for a very long time,
President Saddam Hussein
of Iraq has been seeking for
years to erode the embargo
by developing business links
through the legal United
Nations oil-for-food deal -the
exemption to the
sanctions - or by providing
incentives for countries to
circumvent the UN-monitored
programme and
trade directly with Baghdad.
Saddam Hussein gained
nearly $3bn, circumventing
UN-sanctions by smuggling
oil and demanding that
buyers pay kickbacks. The
U.S. and United Kingdom
believe Baghdad is spending
at least some of that money
redeveloping its illegal
weapons arsenal. Iraq’s
biological weapons
programme in particular has
been put back into the
spotlights following the
recent attack of anthrax-laced
letters in the U.S.
Russia complained that the
decade-long embargo has
cost Russia $30bn in
business. Russia and Iraq
have signed numerous
contracts under the
UN’s oil-for-food deal.
Baghdad has already
promised Russia a favoured
status of oil exploration
projects once sanctions on
oil investments are eased
because Iraq still owes
Russia $8bn in military
debts.
The U.S. is unlikely to
resurrect a new proposal to
amend the sanctions - as it
did last July - if it is unable
to win the support from
Russia. However, the U.S.
could revert to one topic that
the members of the Security
Council have already agreed
on: the return of weapon
inspectors to Iraq.
Iraq’s trade strategy has
come into sharp focus in
recent months. Its priority
now is to offer as many
incentives as possible to
Russia to preserve its
political support at the UN
Security Council while
creating economic
dependency in neighbouring
countries, most notably
Syria and Egypt.
The ability to use trade links
to influence political
realities has limits. However,
the award of import and
export contracts has created
some victories at crucial
times. In July, Russia, one
of Iraq’s largest trade partners,
blocked U.S. proposals
to amend the sanctions and
introduce tighter smart sanctions
on the regime while
facilitating the flow of
goods to the civilian population.
Iraq’s economic potential
has long been seen as one
reason behind Russian,
Chinese and French
lobbying for an easing of the
sanctions regime. With
barrels of proven crude oil
reserves - worth more than
$112bn and only second to
Saudi Arabia - and an
underdeveloped industry
with lots of potential, Iraq
has raised the prospects of
oil-contracts in a post-sanctions
era as an incentive
for western governments to
back a lifting of sanctions.
But it is the expansion of the
oil-for-food deal that has
provided opportunities to
use trade in order to reach
political goals. Iraqi oil sales
rose to $18bn last year, up
from a $4bn in 1997.
Russian officials deny that
trade lies behind their
support for Iraq. But in
Baghdad, Russia has been
identified as the Security
Council member most likely
to be influenced by
economic relations. Moscow
is owed some $8bn in debt
and annual trade with Iraq
has reached $1.2bn.
As ties with Russia have
expanded, Iraq’s attention
has also turned to the Arab
world, where most
governments are struggling
with weak economies. There
has been quite a shift in
tactics. The Iraqis are
concentrating this year on
their neighbours to create a
political dependency
influenced by trade.
Until recently, Jordan was
Baghdad’s closest trading
partner. But Iraq’s suspicion
of Jordan has led it to seek
to diversify its business
links, targeting Syria and
Egypt. Last year the Iraqi
government signed a free
trade agreement with Egypt.
Economic exchanges are
believed to have reached
over $1bn and there are
plans to double them.
Political relations with
Syria, which contributed to
the Gulf War alliance, that
drove Iraq out of Kuwait in
1991, also remain tense. But
the Syrian President took the
unusual step of sending
Mustafa Mero, his Prime
Minister, to Baghdad a few
months ago, to sign a series
of economic agreements that
aimed to lift trade from the
current $500m to $1.5bn.
Syria is also believed to
assist actively in smuggling.
Almost a year ago Syria was
reported to have opened an
oil-pipeline through which
more than 120,000 barrels a
day of oil are believed to be
flowing. The oil, bought at a
discount, is used in domestic
refineries, allowing Syria to
raise its own oil exports.
Both Syria and Egypt say
they remain committed to
UN sanctions, though
analysts suspect that
unofficial exchanges are
rising.
In trying to convince
Security Council members
to back new sanctions, the
U.S. has offered few
advantages to Iraq’s trade
partners. While it was
discussing smart sanctions
with China, a country
traditionally sympathetic to
Iraq, the U.S. released more
than $80m of Chinese
business deals with Iraq that
Washington had blocked at
the UN on grounds that they
included material that could
be used in weapons
programmes.
Now, the U.S. focus is on
Russia, the only Security
Council member still
opposed to amending the
sanctions.
Russia, Syria and Libya debt? Many companies and/or banks are still holding uninsured overdue recievables on Russia, Syria and Libya, due to unpaid exports or loans. Please contact us for our solutions.
Ship arrest in the
Netherlands
- Introduction
The Netherlands is a
convenient jurisdiction for
ship arrests. This article is
written from a practical
perspective. It provides for a
brief and general overview
of the requirements to arrest
a ship in Dutch waters.
- Types of claim
In principle, the arrest on a
ship within Dutch
jurisdiction can take place
for any claim against the
shipowner, regardless of
whether the claim has a
maritime character or is
connected with the ship to
be arrested. Arrest of a
“sistership” is therefore
possible. However, some
restrictions are created by
the following conventions to
which the Netherlands is a
signatory:
• the 1926 Convention on
Immunity of State-owned
Vessels;
• the 1952 Brussels Arrest
Convention;
• the 1969 Bilateral Treaty
between the Netherlands
and the USSR (prolonged by
Russia and Ukraine).
Under specific
circumstances it may be
possible to arrest a ship for a
claim against a debtor not
also being the shipowner, i.e.,
for claims against the bare-boat
charterer of subject
ship, cargo claims and
claims for keeping the
vessel in operation, such as
claims for unpaid bunkers,
supplies and the like. Dutch
courts are not inclined to
“pierce the corporate veil”,
i.e., to allow a ship arrest for
a claim against a third party
closely linked to the
shipowners.
- Documentation
When applying for an arrest,
it is not necessary to submit
written documents. The
court assumes and trusts that
the lawyer requesting
permission to arrest has seen
and examined the
supporting documents. But
in case the shipowner
applies for release in
summary proceedings, the
claimant must be able to
show his claim
documentation. Originals
are not needed, nor a power
of attorney. Documents in a
language other than English,
French or German may have
to be translated. Claim
documents can be provided
through any means of
communication.
- Arrest Proceedings
The procedure starts with
submitting an arrest petition
to the president of the court
in whose jurisdiction the
ship is located or is expected
to arrive shortly. It can be
filed any time of day, even
during out-of-office hours or
in the weekend, if it can be
made clear to the judge that
time is of the essence. Leave
for arrest can therefore be
obtained within a few hours.
The petition should contain
the full style of the claimant
and debtor, the grounds for
the arrest and the amount of
claim. The court´s decision
is placed on the arrest
petition, which will then be
forwarded to a bailiff, who
actually enforces the arrest.
In practice, an arrest means
that the port authorities are
informed and will not allow
the ship to order a pilot to
enable it to leave the port.
When granting the arrest,
the court determines a time
limit within which the
arrestor must file his claim
in main proceedings before
the proper court or
arbitrators, whether in the
Netherlands or elsewhere.
The claim amount for which
the arrest is granted is
usually increased by 30% to
cover interest and costs.
- Counter Security
Dutch law does not provide
for the obligation to put up
countersecurity prior to or
during the arrest. However,
the court does have the
discretionary power to
demand security for
eventual damages caused by
the arrest in the event that
the arrest transpires to be
wrongful. In practice, it
rarely happens that the
arrestor has to put up a
security.
- Release from Arrest
The arrest should be lifted
when the shipowner has
offered acceptable
alternative security. Dutch
courts accept guarantees
issued by first class banks in
the Netherlands or by
authorised P&I clubs. The
wording of the guarantee is
usually based on the
standard Rotterdam
Guarantee Form.
Alternatively, the ship
owner can ask for a court
order in summary
proceedings for release from
arrest. Such proceedings can
take place at very short
notice, usually within a few
days after the arrest. A
decision will be rendered a
few days later or even
earlier. The court examines
whether the claim will have
sufficient merit to justify
maintaining the arrest. For
the shipowner, it is usually an
uphill battle to convince the
court that the claim is fully
unfounded. Release from
arrest is effected by the
bailiff. The port authorities
will be informed
accordingly and a pilot can
now be hired to lead the
ship through the port on its
way out. In practice, release
takes place within the hour.
- Liability wrongful arrest
The arrestor is fully liable
for damages resulting from a
wrongful arrest. Ship
owners are, however, legally
obliged to limit their
damages, i.e., by way of
offering alternative security.
- Does the arrest create
jurisdiction?
It does, but international
conventions to which the
Netherlands is affiliated
may provide otherwise.
Jurisdiction clauses also
play a role. In case Dutch
courts have no jurisdiction
in the main proceedings,
such does not stand in the
way of an arrest in the
Netherlands.
- Costs.
Disbursements such as court
and bailiff fees roughly
amount US$500. Lawyers´
fees are usually based on an
hourly fee, which therefore
depends on the time spent.
Part of these costs can be
reclaimed from the
shipowner afterwards in the
main proceedings. Excluded
from this estimate are the
costs for defence in the
event the shipowners
initiates summary
proceedings for release of
the arrest, as well as the
costs for filing the claim in
the main proceedings.
Peter van der Velden
Koster & Claassen
Solicitors
Tel +31104132180
E-mail address :
vandervelden@kclaw.nl
East-West Debt has made every effort to ensure the accuracy of this publication.
Neither the company nor any contributor can accept any responsibility for -including but not limited to- errors, omissions, opinions or advice given. This publication is not a substitute for professional advice and all information is for guidance only.
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