This speech was presented on October 25 to the University of San Diego Law School by Robert P. Smith:

Bill has been in the belly of the Russian bear and lived to tell about it. I knew a journalist who was murdered for doing things less provocative of the Russian business establishment than Bill has done. Allow me to express my great admiration for his courage!

What is my business? I buy, trade and invest in bonds and trade obligations issued by some of the most risky countries in the world. Countries like Zambia, Nigeria, Iraq, Bolivia, and El Salvador and of course Russia.

In my book, “Riches Among the Ruins: Adventures in the Dark Corners of the Global Economy”, I describe how in the late 1970s I was working as an attorney in Boston trying to collect international claims to support my growing family. I was highly motivated to find something more rewarding than collecting corporate receivables. This is how I stumbled into the sovereign debt trading business, which was then a tiny niche business. I was able to use my legal education to make a career very different from that of my law school classmates. Perhaps those of you who are students will also come across such an opportunity to take your legal training in a novel direction.

In the 1970s, before the advent of an active market for emerging market debt, my business required a lot of travel to exotic locations and a lot of shoe leather as I made the business and government contacts needed to buy and sell the bonds of governments in the developing world. In the early days, this was a very esoteric financial niche and trades totaled less than $100 million per year. Today, it’s a $9.2 trillion dollar a year business conducted at computer terminals in brokerage firms from New York to Nairobi, most of it in local currency.

The principal point of my talk today is that lending to countries, either directly or through the purchase of their debt instruments, is becoming riskier due to the convergence of a number of factors
.
These factors include:
- the securitization of emerging market debt
- the advent of bond funds as holders of EM debt
- the unprecedented demand for bonds due to:
- easy money,
- baby boomer demand for bonds and, more recently,
- fear of the stock market’s volatility
- the rise of highly skilled legal representation of defaulting countries
- the emergence of the recalcitrant debtors: Argentina & Russia,
and
the inclusion of collective action clauses in debt documentation

Let’s look at each of these in turn.

(1) First, securitization.

Perhaps the most important factor that has contributed to the erosion of the position of creditors has been the trend towards securitization of debt. This is not so much securitization in the form of complex structures like those we saw in the subprime crisis, although they have shown up in emerging market debt as well, but the mere fact of countries borrowing by issuing bonds (securities), rather than borrowing from banks.

Back in the 1970s the only people willing to lend to emerging market countries were the commercial banks which formed loan syndicates led by the large American institutions, the money-center banks as they were then called. When countries got into trouble these big players were able to present a united front in dealing with the distressed debtor. The borrowing countries needed the banks for trade credit lines and other types of financing so they had a lot of incentive to maintain good relations with the banks by repaying their loans on time This made the negotiations between the banks and the borrowing countries mostly collegial.

Now, with sovereign debt principally in the form of bonds as opposed to syndicated loans, the creditors are a widely dispersed group of institutions and individuals so it is much harder for creditors to find leverage or to act in concert to force repayment when things get dicey. Believe me, a half dozen big banks such as Citibank and J.P. Morgan have a lot more leverage than a thousand dentists in Beligium or Italy who are holding Russian bonds! So, my first point to you is that the mere shift from bank loans to the securitization of sovereign debt as the principal means by which countries borrow money has had a profound impact on the risks associated with being a creditor to a foreign country, especially those in the emerging markets.

(2) The second factor that has changed this market is the rise of the Bond Funds.

The largest holders of sovereign debt are now the bond funds, not the banks. You might think that these funds, often managed by large financial firms would, like banks, have a lot of leverage, but it’s not the case. Why? Because the way funds deal with troubled borrowers is very different from the way banks deal with them. If a borrower is showing signs of distress, banks take steps to “work-out” the troubled credit in their portfolio. They may use covenants to push the borrower in the direction of more sustainable operation or organize a restructuring of the debt with other creditors. The bond funds, however, take a much more detached approach to a troubled borrower: they simply sell their holdings of such bonds. They kick the can down the road so to speak.

Why?

Because these funds are required to value their holdings at market prices. So, when the value of a particular bond heads south, it’s immediately reflected in the NAV (net asset value) of the fund. Unless the fund manager has good reason to believe the price will bounce back, it’s easy to just sell the asset. He or she doesn’t enter into workout discussions with the issuing country. Unlike the banks, the funds have no relationship to protect. They’re just buying and selling.

Think of it this way: the banks were married to their borrowers. The fund managers are just dating. Banks, therefore, have incentives to hold on to the weakening credits and try to work them out because they have much more leeway than funds in marking their portfolios to current market prices, and thus can pretend that the weakening of the credit has not reduced the value of their portfolios. Marking to market, as this process of valuing the portfolio at market prices is called, makes bond funds unlikely to get involved in the painstaking, and frequently rewarding, process of working out their bad credits, for which the funds are not properly staffed. If a fund fails to sell a deteriorating credit ahead of a default, it will be tempted to take whatever terms the debtor offers in a restructuring as happened with the highly unfavorable terms accepted back in 2005 by most fund holders of Argentine defaulted debt.
The rise of the individual bond investor and the bond funds as holders of sovereign debt and the inability of these investors to put effective pressure on defaulting borrowers created a niche for funds specializing in buying the defaulted debt of countries. These funds, dubbed vulture funds by their detractors, do the essential work of holding irresponsible sovereign borrowers to account. These unsung heroes include Kenneth Dart and Elliott Management, along with a few smaller groups. My company, Turan Corporation, has participated in some of these transactions.

To paraphrase Frank Borman, astronaut and airline CEO, in his quote about bankruptcy and capitalism, a bond market without vulture funds, is like Christianity without hell. The vulture funds cut though all the rationalizations defaulting countries have for their situation by seeking creative ways under the law to receive payment for the debt they acquire. They provide the incentive for wavering debtors to service their debt or to restructure it responsibly with the consent of the creditors.

(3) The third factor increasing the risk of investing in sovereign debt is Easy Money.
Easy money, in the form of low interest rates and high availability of credit, makes lenders irrational.
When there is a lot of cash lying around to be lent it makes lenders fight with each other over marginal borrowers. Low interest rates make even dodgy borrowers seem like plausible credits.

Can you figure out why large banks would lend to Zambia, Tanzania, Nicaragua, Bolivia, etc? Back in the 1970s big American banks were awash in cash deposited by the oil-exporting countries that were reaping the benefits of much higher oil prices. Interest rates were relatively low. This combination was the principal catalyst in causing the banks to lend with abandon to countries with very spotty histories of repaying their debt. The banks spent the 1980s regretting and working out their folly.

The current monetary policy of near zero short-term interest rates makes bond investors look for returns in all the wrong places.

Some have crept out further on the yield curve by accepting longer maturities in order to achieve higher yields. The best example is the buyers of a one hundred year bond with a fixed 5.75% coupon issued by Mexico. Fixed coupon bonds get ravaged by inflation. Consider that the US dollar has lost over 86% of its value to inflation since John F. Kennedy was elected president 50 years ago. Imagine how much value this bond could lose in a hundred years?
Other bond buyers venture out to local currency obligations, such as Peru’s 27 year bonds recently issued at 6.9% in new sols, a currency whose predecessor was wiped out by hyperinflation.

We are witnessing again the stupefying effect of high liquidity and low interest rates on lenders.
Easy money interacts with other factors to make creditors even more prone to bad decisions. The aging of baby boomers and the volatility we have witnessed in the stock market in the past years have led large numbers of investors to avoid stocks and to buy bonds, which are supposedly safer.

Since the supposedly safe 10 year US Treasury now yields an investor only 2.36%, our yield hungry boomer investor will look for the Russian 10 year bond which yields an extravagant 4.37%.

Talking about seeing investing mirages on the Russian steppe, let me share a story from my book, “Riches Among the Ruins”. In June of 1998, during the era of irrational exuberance and easy money, I was invited, along with a large group of Western investors, on what I came to call my “Magical Mystery Tour” of Russia. The trip was sponsored by one of the most dynamic of Russian banks, MFK Renaissance. I was impressed by Russia’s immensity (it spans ten time zones) its vast mineral and oil wealth, and its educated population. This Russia of vast potential was also the Russia with a large overhang of short-term local currency debt it had to keep rolling over all the time with foreign investors. Never in my wildest dreams did I think the world would let Russia, a country with a vast nuclear arsenal, default. Russia was too nuclear, too unpredictable. The whole world would rescue them; the IMF, the US the European Community. Everyone wanted this experiment of transition from command economy to market economy to succeed. Russia was too big too fail. As soon as I got home from my trip, I invested another $ 5 million on top of the $ 15 million of Russian I had already bought prior to my trip.

A couple of months later, on August 17, 1998, Russia began to default on most of its debt and devalued the ruble. Overnight the value of my personal holdings of Russian bonds plummeted by $15 million dollars. It was not one of my better days.

The day before the default, a close friend had asked me for investment advice, and I had told him to buy Russian bonds— Russia is too big to fail. We are still friends but he doesn’t ask me for my investment advice anymore. Too big to fail, we have all seen this recently in the United States: General Motors, Chrysler, AIG, Fannie Mae, Freddie Mac.
This story should remind us that all the sovereign lending now being made under the influence of high liquidity and low interest rates will some day prove very hard to collect, even for the so-called vulture funds.

(4) Another factor contributing to the risk for investors in sovereign debt is the emergence of highly skilled legal representation of defaulting countries.

Certain major law firms have taken up the defense of defaulting countries such as Russia and Argentina and have made a significant difference in eroding the ability of creditors to secure judgments against defaulting countries and to enforce judgments.

(5) Now let’s move to the so-called Recalcitrant Debtors: Russia & Argentina.

Russia inherited most of its foreign debt from the Soviet Union, although all of the local currency debt at the core of its 1998 default was incurred by the new Russia. One creditor of the Soviet Union, a Swiss company named Noga, made ingenious attempts to attach assets of the Russian government ranging from enriched uranium held at a facility in Paducah, Kentucky, to the tall ship Sedov, to the jet fighters that might have attended the Farnborough Air Show in England.
Along the way, these attempts resulted in legal precedents that significantly moved courts in the US away from holding central banks of countries responsible for their commercial actions.

Russia broke new ground in dodging creditors by creating a private entity where it could hide its reserves in off-shore accounts out of the reach of creditors. This highly unorthodox scheme was audited by PriceWaterhouse, and blessed by the IMF, creating another bad precedent for dubious behavior by sovereign debtors.

Russia, now an investment grade bond issuer, was warmly received in its return to the Eurobond market this year. The bond market, made irrational by walls of investor money seeking yield, has conveniently forgotten how poorly Russia treated its bank lenders, trade creditors, and bond holders. Russia used a brief drop in oil prices during 1998 to extract deep concessions from its bank creditors, that resulted in much Soviet-era debt being reduced by about 37%. Despite the fact that oil prices tripled the next year, Russia held its creditors to their concessions ignoring its vastly improved financial situation, and restructured its debt in early 2000.

Trade creditors of the Soviet Union were forced into this same deal, but had to wait years for Russia to actually keep its part of the bargain. They were put at the mercy of the Russian bureaucracy supposedly to “reconcile” the amounts owed. The process of “reconciling” the trade debt took nearly a decade after the bank deal of 2000 to arrive at some type of conclusion, but there are still trade claims pending.

We had the strange experience of being called about claims we had presented to entities of the Russian government by private parties seeking to buy them. The interested buyers had details about the claims that could only have come from Russian official sources.

War ravaged Iraq, by comparison, managed to reconcile all its trade claims in a matter of months. Yet, the bond market views Russia as a fine credit.

Argentina’s default in 2000/2001 broke a record for size, nearly 100 billion US dollars. Argentina also stands out as a naughty debtor for having defaulted on debt to the World Bank, a concessional lender nobody in his right mind would default on. After its $ 100 billion default, Argentina let creditors wait until 2005 and then presented them with a highly coercive deal worth somewhere around 25 cents on the dollar. It told creditors, participate or your debt will be worth nothing because our legislature has passed a law forbidding any deal with creditors who do not participate in this one. 76% of creditors accepted the exchange in 2005.

Some of the outraged holdouts from 2005 took legal action against Argentina in US federal court. The court issued numerous judgments against Argentina. However, the judgments awarded to Argentina’s long-suffering lenders have proven nearly impossible to enforce. The country has, using the advice of its sophisticated attorneys, hidden its assets in places not accessible to creditors. The tacit cooperation of international entities such as the Bank for International Settlements (the central bank for central banks) with Argentina has also made recoveries difficult.

Hoping to get into the good graces of the international bond market, Argentina, in 2010, made another offer to exchange its defaulted debt under terms equivalent to the 2005 exchange. The latest exchange was accepted by 66% of the holdouts. Many of the remaining holdouts continue to press their legal cases.

It should not surprise you to hear that Argentina, despite having terribly mistreated its creditors, hopes to return to international bond markets in the near future; it should surprise you even less that the bond market, desperately seeking yields, would welcome it back.

Finally, let’s spend just a moment on Collective Action Clauses.

These are provisions in bond indentures or loan agreements that allow a supermajority of creditors, say 75%, to force a restructuring on dissenting creditors. Such clauses make it impossible for holdout creditors to seek a separate deal with the borrower.

Collective action clauses make it much easier to reach a restructuring deal with the defaulting borrower. The borrower needs to offer a deal good enough to satisfy only a supermajority of holders to protect itself from the threat of litigation. The result, typically, are restructurings that are, on the whole, more favorable to borrowers.
These clauses are thought to create a moral hazard by tempting weaker borrowers to default, safe in the knowledge that they will be able to cut a nice deal with the apathetic majority of creditors and not have to bother with the troublesome minority. So, if you invest in sovereign debt, beware the collective action clause!
In closing, I want to remind you that the weakening of the ability of creditors to enforce their claims is rarely an issue in good times, but when the bad times come and borrowers like Argentina or Russia decide to deal unfairly with its creditors, all bets are off.

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As some of you may be aware, I was the keynote speaker at the 21st Annual Conference of the Association of Executives in Finance, Credit and International Business. I spoke on global trade and emerging markets, and the text of my keynote address is as follows:

Keynote Address of Robert P. Smith
FCIB’s 21st Annual Global Conference
Monday, November 15th, 2010 8:45-10:00 AM

Thank you for your kind invitation to speak here today. I feel particularly close to FCIB as I have been a member since 1983.
In those days there were maybe two hundred member companies, mostly based in the U.S. and Europe. Some of you might remember Gerd Peter Lotta who served as our Executive Director for many years and was an inspiration for all the members. In the early 1980s, of course, there was no internet and the financial markets weren’t nearly as technologically sophisticated as they are today. Communications were archaic by today’s standards. A lot of international commerce relied on the telex machine. For those of you too young to remember, the telex was a cumbersome affair: you keyed a message onto a tape that was then run through the machine for transmission to another telex machine across the ocean. Meetings were always held in London or Frankfurt.
How things have changed! FCIB’s membership now includes more than eight hundred companies from all over the world and meetings are now held in Asia and Latin America, as well as Europe and North America. Instant communication is the order of the day. The telex has been replaced by the Blackberry, e-mail, and pagers. The impact of the digital revolution on international commerce cannot be overstated. Indeed, my own business, trading sovereign debt, has been radically altered by the information technology revolution.
In my book “Riches among the Ruins: Adventures in the Dark Corners of the Global Economy,” I describe my adventures in the 1970s and 80s as a debt trader in some of the world’s most dangerous and financially risky countries. But some of those adventures started right here with FCIB.
Are there any of you over fifty who remember those days? Those were the days when foreign companies doing business in developing world countries had difficulty getting paid for their exports. They accepted as payment instruments such as El Salvador Reserve Bonds, Guatemala Stabilization Bonds, Turkish non-guaranteed trade arrears paper, Russian Foreign Trade Obligations, and Nigerian Promissory Notes. Can you raise your hands if you are familiar with these exotic instruments?
These sovereign bonds or trade obligations were issued by many so-called emerging market nations because these countries had very little hard foreign exchange — dollars or deutsche marks, or yen pounds. They imported far more than they exported and could not pay creditors in hard foreign exchange. So, as payment they issued bonds or other forms of debt, sometimes denominated in dollars and sometimes in their own currency. In the case of dollar denominated instruments, the risk was always: will the issuer make good on the promise to pay? In the case of local currency bonds, the challenge that typically faced foreign companies was how to repatriate local currency profits.

Let me give you a taste of what went on, from my book “Riches Among the Ruins”.

El Salvador, October 1984. It was gripped by a bloody civil war, one side was supported by the United States and the other side by the Cubans and the Russians.

Most of the fighting took place in the countryside, but the capital San Salvador was not immune from the violence.

I usually stay at the Sheraton Hotel but this night it was booked so I stayed at the Camino Real. I was nervous, not about the war, but I had just I had just purchased $4 million dollars Salvadoran dollar-denominated bonds which were bearer bonds like cash (meaning that they were payable to whomever got their hands on them). I had to deliver these bearer bonds to my buyer in San Salvador. I went to sleep early, placing the $4 million bearer bonds in my briefcase carefully under my bed, and fell asleep quickly dreaming of my profits the next day.

I was violently awoken at 3 A.M. by a huge explosion. Guerillas had blown up the Sheraton Hotel. Can you imagine if I had stayed at the Sheraton that night?

My bonds, for which I had mortgaged my house and body to the hilt, and into which I had put my entire savings, could have been burned up. Maybe I would have been killed. Not only would my wife have become a widow, she would have been a penniless widow!

Let me tell you how some of these transactions worked:

I had purchased those $4 million dollars of bearers bonds from a large English company in London. They had been selling their product in El Salvador but the Central Bank didn’t have enough hard currency to exchange its profits made in the local currency. Since El Salvador didn’t have enough dollars or pounds to do this, the English company accepted bonds payable in dollars. In other words, they accepted a promise to pay dollars in the future with interest. Often, a company like this English company doesn’t want to wait to get paid, especially if they’re unsure whether the bonds will ever be paid, so they were happy to sell them, albeit at a loss, and have no Salvadoran risk on their books. Better to have a dime today, they figured, than a dollar that might never be paid.

For every seller there is a buyer.

On the buy side in this case was a big American company in El Salvador. They, too, had made hefty profits in the local currency, colones, but since the government had no dollars to allow them to remit their profits, they bought El Salvador dollar denominated bonds from me. But they paid for them in colones, hoping that someday the bonds would pay off the principal and interest in dollars. In this case the English company was the pessimist and the American company was the optimist.

But now I had a problem. Colones were not of much value to me either, unless I could find a way to exchange them for dollars. My wife wasn’t going to be able to buy shoes on Newbury Street with colones!

In these bond deals I made far more colones than the Central bank would allow me to change into dollars. Remember, a lack of hard currency is why they were issuing bonds in the first place. So, I had to go to the black market and find a cambista or a moneychanger. I found Jose Manuel Gomez. I remember the first time I met him. I walked up some rickety old stairs to the second floor, and sat in his waiting room where he had a year old copy of Time Magazine, and waited to be ushered into his presence. The only thing he had was a pad of paper on his desk with a column on the buy/sell side, and three telephones.

I was about to hand over my total net worth to this man. I couldn’t ask him for a receipt and if he ran away with my money, I couldn’t bring a judicial proceeding against him in the local courts. He did change my colones to dollars although it took him ten days to do so. Unfortunately, Jose Manuel Gomez was murdered in 1988, some say by the military over a transaction gone bad.

Moving on to the main topic of my talk, I want to make three points here today:

First, I want to give you one excellent example of how poor decision making by lenders can set the table for the inevitable default of borrowers. I am not speaking of mortgage lenders in the United States! Rather, I am speaking of international lenders and debtor nations of the developing world,

Second, I want to describe the conditions and circumstances that threaten the careers of credit managers and other financial executives today.

And third, I want to make concrete suggestions on how to keep your credit portfolio from falling victim to the mistakes I have made or witnessed.

Countries Don’t Go Bust
or
Borrowing from Peter to Pay Peter
So, to my first point, many a lender to developing world nations has paid the price for believing in a simple myth: that countries don’t go bust because they supposedly can always tax their citizens to pay for their irresponsible borrowing.

After the 1973 oil embargo, countries such as Saudi Arabia, Kuwait and Qatar, built huge surpluses of dollars as the price of oil surged. Their economies couldn’t absorb these hundreds of billions of dollars, so the big oil exporters looked to invest the money abroad. Keep in mind that a billion then was whole lot of money, adjusting for inflation it would be the equivalent of almost 5 billion of today’s dollars.

The only place the oil exporters could think of parking such vast sums was the Eurodollar market; the market for US dollars on deposit outside the United States, typically in London, from which we get the famous LIBO rate. The banks taking these deposits were mostly American banks with familiar names like Citi, Chase and Morgan. There were also banks such as Manufacturers Hanover, Bankers Trust, and Chemical Bank whose names now might only show up in the TV series Mad Men.

Now, these money-center banks, as they were called, needed to find places to put this vast pool of money to work. Their traditional borrowers, America’s large corporations with strong credit, had abandoned them for much cheaper commercial paper placed by the investment banks. So the money center banks lent to lower quality domestic borrowers, like real estate developers and looked to find markets overseas.

The overseas markets available were not in countries like Germany or the United Kingdom. These countries had highly developed capital markets that allowed companies to borrow local currency and not have to run the risk of owing a foreign currency to a foreign bank. Rather, the money-center banks found eager borrowers among the developing countries such as Brazil, Mexico, Venezuela, Argentina and Nigeria. These countries had virtually no local capital markets so they were willing to borrow US dollars from the money center banks with floating rates of interest. By doing so, these borrowers ran the considerable risk of having to make much higher payments if interest rates went up or the dollar appreciated against the local currency. But this was a risk to the lenders, too.

The rationale for lending to these high risk borrowers was best expressed by Walter Wriston, CEO of Citicorp:

“Countries don’t go out of business….The infrastructure doesn’t go away, the productivity of the people doesn’t go away, the natural resources don’t go away. And so their assets always exceed their liabilities, which is the technical reason for bankruptcy. And that’s very different from a company.”

Translation: “countries don’t go bust.” This ignores the fact that many of these same borrowers had a rich history of default going back to the 19th century. At the time this post-oil embargo lending began, these countries did not have much debt because the international bond markets would not lend to them in any significant amounts. But the money-center banks lent with abandon in dollars at floating rates.

By the way, In my talk I will refer frequently to Citibank; I don’t mean to pick on Citi. Actually, despite some flawed decisions, Citi was one of the better run banks whose actions were frequently imitated by other institutions.

The floating rate loans made by Citi & friends to the developing countries became much more expensive in the late 1970s as dollar interest rates began to rise. Higher interest rates contributed to a fall in the price of most commodities exported by these countries. One of the few commodities whose price did not fall was petroleum, which many of these countries imported. This perfect storm of adverse trends caused most of the developing nation borrowers to default in 1982.

The money-center banks were in a total panic over this colossal blunder. If they were forced to write down the value of these loans to their market value their entire capital would have been wiped out. For example, back in 1982 Citibank had about $5 billion in capital. Their exposure to Brazil was in the order of $5 billion and their exposure to Argentina was another $2 billion. Had they been forced to write these loans down to their true value the resulting loss from Brazil and Argentina alone would have been enough to wipe out their equity. Write-downs were not an option, so they worked closely with US authorities to paper over the fact that their capital had evaporated. To keep these bad loans afloat they began lending to countries like Brazil even more money, enough to keep the interest payments going for a while. Through such subterfuges they maintained the fiction that these loans were viable until 1987 when they had sufficiently recapitalized themselves to begin taking write-downs.

The trick of pretending to have capital when you are actually insolvent worked. The money-center banks were able to rebuild their capital during the booming 1980s and 1990s and get out of the hole they had dug for themselves. The banks were lucky because they used the trick of pretending to have capital during a time of extraordinary growth in the US economy; had they tried it during a less favorable time, such as now, the result would have been a lost decade for the US economy.

This analysis I gave you is completely post-facto. While we were living this situation very few people had the foresight to challenge the strategy pursued by these mighty banks. At the time, recycling of petrodollars seemed like a natural thing for the banks to do; not many people were even aware of the situation. Bad decision making by the banks created untold pain for the banks themselves and their borrowers. The banks lost huge amounts of investor capital and this loss no doubt prompted more than one consolidation or merger. The borrowing countries suffered even more, they were forced to devalue their currencies and drastically reduce the standard of living of their citizens. The default, and subsequent loss of access to any credit, contributed to many years of slow growth. All this pain and suffering served to create opportunities for people and companies that were nimble and able to take advantage of the paralysis of the big banks. That is how the trading of emerging country debt got started by a handful of people, including me.

One important lesson I learned from living through those tumultuous times is to be careful when liquidity abounds and interest rates are low because people make bad decisions under the influence of those powerful hallucinogens. Low rates and excess cash make the most hare-brained schemes seem plausible. The excess liquidity causes lenders to beat each other over the head to lend to dodgy borrowers. The low rates make dodgy borrowers look like sound credits. When the easy credit evaporates there is weeping, and wailing, and gnashing of teeth.

The story of the money-center banks and the pitfalls of excessive liquidity in the 1970s should sound very familiar. History has a way of repeating itself, which brings me to my second major point: the threat to credit managers and financial executives today. The financial meltdown in 2008 – the mortgage and credit crises – have all the same characteristics of the great money-center bank folly of the 1970s.

Credit Binge I – “My MacMansion is Bigger Than Yours”

After the 9/11 attack, the US economy nearly came to a standstill because of all the uncertainty created by the realization of how much damage could be inflicted by such a small group of attackers with few resources. The accepted response to sudden economic shocks is for the Federal Reserve to increase the availability of dollars, so the Fed pumped liquidity into a system that had discovered new ways to multiply money faster than ever before. The capacity to generate credit through securitization and the issuance of synthetic obligations that did not even require the existence of a willing borrower led to astronomic credit growth until 2007. During that heady time, countless decisions were made by lenders in states of consciousness thoroughly altered by excess liquidity and low rates.

All that easy money had to go somewhere. McMansions sprouted up everywhere, gold doubled in price, emerging market stock indices tripled in value, and the currency reserves of China and other emerging countries ballooned. The ride was exhilarating until the train jumped the track.

In 2008, we got another lesson about liquidity; just how quickly it can disappear. It seems that we had barely stopped using expressions like ‘wall of money” to describe the colossal flow of investor money looking for investments, when the entire financial system ground to a halt that fateful September. Remember how counterparties desperately tried to figure out whether they were dealing with a Lehman Brothers (a counterparty that failed) or an AIG (a counterparty that got rescued)? Remember how the commercial paper market, whose emergence did so much to drive the old money-center banks into their developing country follies, just ceased to function? Do you remember when congressmen were hoarding cash for fear the ATMs would run dry? Remember how New York City was suddenly eclipsed by Washington, DC as the financial capital of America?

As a result of the credit binge of the 2000s we are back again to the days of the banks pretending to have capital, with the full collaboration of financial authorities. The banks are still full of dodgy credits they cannot write down to their true economic value, so their capital ratios are all fiction. Financial institutions have wide latitude in valuing the credits in their portfolios and the crisis has actually resulted in even looser stands for asset valuation.

Credit Binge II – “Banks in Hell” – “Your Brain on ZIRP”

My understanding of the current situation in the banking industry is best illustrated by a grim fable. This guy dies and is sent to hell. The devil takes him to his punishment which is to be immersed in a large pool of filthy water where there are already hundreds of people standing with the water just below their lips. He hears a soft mumbling from the current occupants that he can’t quite make out. As he is lowered into the pool he finally understands what the wretches are all mumbling: “Don’t make waves, don’t make waves, don’t make waves.”

Well, after Credit Binge I the banks were up their very lips in liquidity, thanks to all the government intervention, but mixed in all that liquidity are some very dubious credits which make the banks afraid to make any waves at all. In this fable the capitalization of the banks, their margin of safety, is measured by the distance from the surface of the water to their lower lips. Being very thinly capitalized, they have very little room for any more mistakes in their portfolios, so they are hardly lending at all.

This, together with weak demand for credit among borrowers and the absence of the new money multiplier of securitization we talked about earlier, have damped the Federal Reserve’s extraordinary attempts to re-inflate the burst credit bubble. The result has been enormous pools of liquidity that cannot really go anywhere, and collapsing interest rates. Banks unable or unwilling to lend motivates the monetary authorities to look for other ways to pump more liquidity into the economy, such as printing new money (or the electronic equivalent of it) to buy Treasury instruments and mortgage debt. Credit Binge II also features massive deficit spending by the US government in an attempt to prop up consumer demand, financed by a lot more borrowing by the US Treasury.

People may contend that things are not so dire for banks, that they have been selling assets and deleveraging, and raised new capital. It is all an illusion. In a crisis people tend to sell their better assets, which were not the cause of the problem in the first place, and hold on to their worst assets because selling them would reveal losses too painful to bear. Because of this, the concentration of bad assets hidden on the balance sheets may actually be going up as a percentage of total assets.

People bullish on banks should realize that the banks are not playing their game of pretending to have capital while their balance sheet heals during the booming 80s and 90s, they are doing it after the credit bubble has burst and condemned all of us to seven lean years. The prospects of banks bootstrapping themselves out of the swamp this time is pretty poor. There will be more trouble for the big banks in the future.
Some have labeled the present government policy of near zero short term rates ZIRP (zero interest rate policy). It is meant to force investors and lenders made risk-averse by the crisis, and the government’s response to it, to stop hoarding cash and to seek a better return in risky assets.

I regard ZIRP as an economic hallucinogen even more powerful than what was on the streets back in the 2000s and it may be setting us up for even more disappointing results. Credit managers and treasurers should be very careful about ZIRP’s ability to distort reality.
Here are some recent examples:
Mexico, one of the sovereign defaulters back in the 80s and the protagonist of the Peso Crisis in 1994, has recently issued a bond due in 100 years at 5.75% coupon fixed for the entire century. This bond was placed with a handful of long-term investors seeking something higher than the sub-4% yield on the 30 year US Treasury bond.

These guys are not buying this bond to surf its huge duration, because there is no secondary market for it. They plan to hold to maturity. Imagine the risk of owning a bond for a whole century. To put this into perspective, from July 31st, 1960, around the time Chubby Checker was introducing the Twist, until July 31st, 2010, when Lady Gaga does whatever she does, the US dollar managed to lose 86.4% of its value. Now, the CPI is an admittedly imperfect index and the past 50 years have been unusually inflation-prone, but who is to say that we will not have another inflation burst in the next century? Clearly these investors are tripping on ZIRP.

Another example: Peru issued a 27 year bond at a fixed 6.9% coupon denominated in the local currency, the new sol. The bond now trades at about a 20% premium which gives it a yield to maturity of 5.4%. The new sol replaced the inti as Peru’s currency back in 1991 at the rate of one new sol for a million intis. The new currency was made necessary by the disastrous policies of Peru’s government back in the 1980s which resulted in hyperinflation. The new sol is viewed as the poster child of the good Latin American currency, which in some ZIRP-addled minds justifies the extension of a 27 year credit at the preposterously low yield of 5.4%.

It Is Now Harder Than Ever to Make Countries Pay

The era of high liquidity has also made it harder to make countries pay when they are reluctant to do so. High liquidity or easy money has interacted with other factors to give countries more leverage.
These factors include:
- the securitization of emerging market debt
- the advent of bond funds as holders of EM debt
- the unprecedented demand for bonds due to:
- retiring baby boomer demand for bonds and, more recently,
- fear of the stock market’s volatility
- the rise of highly skilled legal representation of defaulting countries
- the emergence of the recalcitrant debtors: Argentina & Russia,
and
the inclusion of collective action clauses in debt documentation.

Let’s look at each of these in turn.
First, securitization.
Perhaps the most important factor that has contributed to the erosion of the position of creditors has been the trend towards securitization of debt, the mere fact of countries borrowing by issuing bonds (securities), rather than borrowing from banks.
As I mentioned earlier, back in the 1970s the only people willing to lend to emerging market countries were the commercial banks which formed loan syndicates led by the large American institutions, the money-center banks as they were then called. When countries got into trouble these big players were able to present a united front in dealing with the distressed debtor. The borrowing countries needed the banks for trade credit lines and other types of financing so they had a lot of incentive to maintain good relations with the banks by repaying their loans on time This made the negotiations between the banks and the borrowing countries mostly collegial.
Now, with sovereign debt principally in the form of bonds as opposed to syndicated loans, the creditors are a widely dispersed group of institutions and individuals so it is much harder for creditors to find leverage or to act in concert to force repayment when things get dicey. Believe me, a half dozen big banks such as Citibank and J.P. Morgan have a lot more leverage than a thousand dentists in Belgium or Italy who are holding Russian bonds! So, my first point to you is that the mere shift from bank loans to the securitization of sovereign debt as the principal means by which countries borrow money has had a profound impact on the risks associated with being a creditor to a foreign country, especially those in the emerging markets.
The second factor that has changed this market is the rise of the Bond Funds.
The largest holders of sovereign debt are now the bond funds, not the banks. You might think that these funds, often managed by large financial firms would, like than banks, have a lot of leverage, but it’s not the case. Why? Because the way funds deal with troubled borrowers is very different from the way banks deal with them. If a borrower is showing signs of distress, banks take steps to “work-out” the troubled credit in their portfolio. They may use covenants to push the borrower in the direction of more sustainable operation or organize a restructuring of the debt with other creditors. The bond funds, however, take a much more detached approach to a troubled borrower: they simply sell their holdings of such bonds. They kick the can down the road, so to speak.
Why?
Because these funds are required to value their holdings at market prices on a daily basis. So, when the value of a particular bond heads south, it’s immediately reflected in the NAV of the fund. Unless the fund manager has good reason to believe the price will bounce back, it’s easy to just sell the asset. He or she doesn’t enter into workout discussions with the issuing country. Unlike the banks, the funds have no relationship to protect. They’re just buying and selling. Think of it this way: the banks were married to their borrowers, the fund managers are just dating.
The rise of the individual bond investor and the bond funds as holders of sovereign debt and the inability of these investors to put effective pressure on defaulting borrowers created a niche for funds specializing in buying the defaulted debt of countries. These funds, dubbed vulture funds by their detractors, do the essential work of holding irresponsible sovereign borrowers to account. These unsung heroes include Kenneth Dart and Elliott Management, along with a few smaller groups. My company, Turan Corporation, has participated in some of these transactions.
The vulture funds cut though all the rationalizations defaulting countries have for their situation by seeking creative ways under the law to receive payment for the debt they acquire. They provide the incentive for wavering debtors to service their debt or to restructure it responsibly with the consent of the creditors.
Another factor contributing to the risk for investors in sovereign debt is the emergence of highly skilled legal representation of defaulting countries.
Certain major law firms have taken up the defense of defaulting countries, such as Russia and Argentina, have made a significant difference in eroding the ability of creditors to secure judgments against defaulting countries and to enforce judgments.
Now let’s move to the so-called Recalcitrant Debtors: Russia & Argentina.
Russia inherited most of its foreign debt from the Soviet Union, although all of the local currency debt at the core of its 1998 default was incurred by the new Russia. Creditors of the Soviet Union made ingenious attempts to attach assets of the Russian government ranging from enriched uranium held at a facility in Paducah, Kentucky, to the tall ship Sedov, to the jet fighters that might have attended the Farnborough Air Show in England.
Along the way, these attempts resulted in legal precedents that significantly moved courts in the US away from holding central banks of countries responsible for their commercial actions.
Russia broke new ground in dodging creditors by creating a private entity where it could hide its reserves in off-shore accounts out of the reach of creditors. This highly unorthodox scheme was audited by PriceWaterhouseCoopers, and blessed by the IMF, creating another bad precedent for dubious behavior by sovereign debtors.
Russia, now an investment grade bond issuer, was warmly received in its return to the Eurobond market this year. The bond market, made irrational by walls of investor money seeking yield, has conveniently forgotten how poorly Russia treated its bank lenders, trade creditors, and bond holders. Russia used a brief drop in oil prices during 1998 to extract deep concessions from its bank creditors, that resulted in much Soviet-era debt being reduced by about 37%. Despite the fact that oil prices tripled the next year, Russia held its creditors to their concessions ignoring its vastly improved financial situation and restructured its debt in early 2000.
Trade creditors of the Soviet Union were forced into this same deal, but had to wait years for Russia to actually keep its part of the bargain. They were put at the mercy of the Russian bureaucracy supposedly to “reconcile” the amounts owed. The process of “reconciling” the trade debt took nearly a decade after the bank deal of 2000 to arrive at some type of conclusion, but there are still trade claims pending. War ravaged Iraq, by comparison, managed to reconcile all its trade claims in a matter of months. Yet, the bond market views Russia as a fine credit.
Argentina’s default in 2000/2001 broke a record for size, nearly 100 billion US dollars. Argentina also stands out as a bad debtor for having defaulted on debt to the World Bank, a concessional lender nobody in his right mind would default on because they lend at long maturities with low interest. After its $ 100 billion default, Argentina let creditors wait until 2005 and then presented them with a highly coercive deal worth somewhere around 25 cents on the dollar. It told creditors, participate or your debt will be worth nothing because our legislature has passed a law forbidding any deal with creditors who do not participate in this one. 76% of creditors accepted the exchange in 2005.
Some of the outraged holdouts from 2005 took legal action against Argentina in US federal court. The court issued numerous judgments against Argentina. However, the judgments awarded to Argentina’s long-suffering lenders have proven nearly impossible to enforce. The country has, using the advice of its sophisticated attorneys, hidden its assets in places not accessible to creditors. The tacit cooperation of international entities such as the Bank for International Settlements (the central bank for central banks) with Argentina has also made recoveries difficult.
In 2010, Argentina made another offer to exchange its defaulted debt under terms equivalent to the 2005 exchange. The latest exchange was accepted by 66% of the holdouts. Many of the remaining holdouts continue to press their legal cases.
It should not surprise you to hear that Argentina, despite having terribly mistreated its creditors, hopes to return to international bond markets in the near future; it should surprise you even less that the bond market, desperately seeking yields, would welcome it back.
Finally, let’s spend just a moment on Collective Action Clauses.
These are provisions in bond indentures or loan agreements that allow a supermajority of creditors, say 75%, to force a restructuring on dissenting creditors. Such clauses make it impossible for holdout creditors to seek a separate deal with the borrower.
Collective action clauses make it much easier to reach a restructuring deal with the defaulting borrower. The borrower needs to offer a deal good enough to satisfy only a supermajority of holders to protect itself from the threat of litigation. The result, typically, are restructurings that are, on the whole, more favorable to borrowers. These clauses are thought to create a moral hazard by tempting weaker borrowers to default, safe in the knowledge that they will be able to cut a nice deal with the apathetic majority of creditors and not have to bother with the troublesome minority. So, if you invest in sovereign debt, beware the collective action clause!
Emerging Markets Have Progressed Greatly, But…
The excess liquidity and low interest rates in developed economies, together with their slow growth, have pushed companies and investors to increase their activities in emerging economies where growth has resumed post-crisis, or never stopped at all. Emerging economies and their stock markets are beginning to show signs of overheating from the attempt to recycle liquidity from developed markets. In this context, it is important to put into perspective what emerging countries have achieved and what they have failed to achieve.

In judging the progress of emerging economies I like to look at two extremes and one case that is just about in the middle of the pack.

The outliers are Chile and Venezuela.

Chile has continued to strengthen its internal institutions and markets. The results are evident in the valuation of its stock market which is over 40 percent above its pre-crisis peak. This is no doubt attributable in part to its highly successful defined contribution retirement system which provides depth to the country’s capital markets not seen in any other emerging economy of its size. Due to high participation in this retirement scheme, Chile has no huge pension liabilities hanging over its head.

Chile has always stood out in Latin America for the integrity of its legal and political system, but it is surprising to realize that Transparency International ranks Chile well ahead of Spain, just behind France, and only six places behind America, in its Corruption Perceptions Index. The country has done a lot of things right. Because of its resilient institutions and deep local markets, it has been able to respond effectively (despite early glitches) to natural disasters in February of this year that destroyed property valued between 7 and 19% of GDP. They also proved pretty good at extracting miners trapped 2000 feet underground.

Venezuela, on the other hand, has lost ground in the most recent decade as the Chavez regime has systematically attempted to undermine the rule of law and place all sectors of the economy under government control. The country has sunk from 25th percentile in the Corruption Perceptions Index to the 10th percentile. It used to share rankings with Moldova and actually outranked Georgia. In the 2009 report, Georgia had climbed to the 65th percentile and Moldova to the 50th. Venezuela now shares its rankings with the Congo and Kyrgyzstan.

Foreign and domestic investors have fled as the government confiscates businesses and puts then in the hands of cronies and apparatchiks. In this era of free foreign exchange markets, Venezuela has strict currency controls and a vibrant black market for US dollars. The country recently established a food rationing board. Investors have so little trust in the future of the country that Venezuela’s stock market is priced at 1.64 times earnings at the same time other emerging country markets are priced at lofty multiples. This contrasts with Chile’s multiple of 32 times earnings and Nigeria’s of 27 times earnings.

Brazil is my middle of the pack example. It has made great strides, but still confronts many obstacles. Having tamed inflation and reformed some of its laws regarding collateralized credits and real property, the country is well on its way to building a credit system to support the expansion of its consumer economy. Brazil has broadened its export markets and built the skills of its professional class to developed country levels; Brazil has even found significant oil reserves. However, the country continues to be afflicted by structural rigidities that give it the one of the highest inflation adjusted interest rates in the world, substantially restraining the growth of the consumer economy. Its world-class professionals lack the support of well-trained technicians, nurses and other skilled workers needed. There has been reform around the edges, but the country’s legal system continues to be problematic.

Despite all the progress Brazil and Chile have made in diversifying their exports, their economies, like Venezuela’s, continues to be dependent on commodity prices which are driven by external demand, presently created mostly by China. I believe that the good performance of these economies (Venezuela aside) and the high valuations of their debt and equity have a great deal to do with high commodity prices and high liquidity in the portfolios of investors in the developed world. All three countries would suffer from a sharp drop in commodity prices or a rise in interest rates.

What to Do I Fear in Emerging Markets?

In three words: The China Bubble

Now, many of you are thinking that the surest way to end your career is to be seen as getting in the way of doing business in emerging countries, particularly China. I am here to urge you to be very cautious with your emerging market ventures. It’s a lot later in the party than most people realize.

As I mentioned earlier, the phenomenal creation of credit caused by Credit Binge I and its continuation under Credit Binge II have raised the price of investments in emerging markets and stocked the foreign exchange reserves of emerging countries with an unprecedented hoard of US dollars. America has no monopoly on foolish decision making under the influence of huge liquidity.

In 2009, China launched a stimulus program that disbursed about 11% of GDP in about 6 months, principally through lending. Lenders and credit managers will no doubt agree that such massive lending in such a short time involved a lot of very poor decisions that will come back to haunt the banks and Chinese authorities, if they are not already doing so. China has also used its pile of dollars to go on a foreign spending spree for natural resources around the world, frequently at premium prices.

This reminds me of Japan’s bubble at the end of the 1980s, when the land surrounding the Imperial Palace in Tokyo was said to be worth as much as all of California, and Japanese companies, propelled by sky-high share prices, were buying trophy properties like Rockefeller Center at premium prices. The bursting of the Nikkei Bubble is worth studying.

By the 1980s, the post-war Japanese economic miracle had matured to the point that Japanese companies were finding it hard to develop investment projects that would allow them to continue to grow. Their response was zaiteku, investing in securities and real estate to boost their returns. This type of speculation led to mutually reinforcing bubbles in Japan’s stock market and real estate market. Since the bursting of the bubble in late 1989, the Nikkei Index has never gotten above 69% of its previous high, and now trades at less than 25% of its bubble peak. That’s what a burst bubble looks like. The value of things go down a lot and never come up again.

When the China Bubble pops, as it inevitably will, the bubbles in the rest of emerging market countries will also pop because China will cease propping up the price of commodities on which most emerging economies still depend. There will be tears in emerging economies when China bursts. The price of commodities and companies will drop a lot and not recover.

Foreigners Rush In Where Locals Fear to Tread

Much of my youth was wasted in darkened rooms consuming the only occasionally edifying product of Hollywood. I remember movie scenes where foreigners on an expedition in a wild place wake up to discover that all their native helpers and porters have fled, the implication being that the locals know something the clueless foreigners don’t. The real fear of that happening to you in an economic sense is perhaps the best lesson to be learned from the silver screen.

Back in the late 1990s, Russia was one of those wild places where foreigners went to find the returns and the sense of adventure lacking in their home markets (for some the Tech Bubble was not exciting enough). I was one of those adventurers. My debt trading business led me to accumulate large positions in Russian obligations. With all the excitement about the huge profits to be made in Russia as it emerged from Soviet-era constraints, I neglected to keep an eye on what the locals were doing.

The year preceding Russia’s partial default in 1998 was marked by large scale capital flight from Russia. The capital fleeing was that of Russians who were in the know and could see that there were no more big gains to be made in their market. After the default and the subsequent depreciation of my portfolio, I felt a lot like those movie characters coming out of their tents to discover the locals had fled.

My friend George Friedman of Stratfor, the provider of geopolitical intelligence, believes that Chinese acquisitiveness towards foreign assets is just a manifestation of capital flight. He thinks that Chinese buyers of foreign assets have realized that there is a dearth of attractive investments in China and seek to shelter their capital through foreign acquisitions. I agree with this observation.

When will the China Bubble burst? I don’t know. The bubble in its stock market has certainly burst, its real estate bubble may be next, but the retrenchment in the commodity markets that would affect the other emerging economies could take several years.

But many will argue that China holds trillions of dollars in reserves and that all that liquidity will serve to cushion the effect of the bubbles bursting. My response is to think back to 2008 and how quickly all the huge liquidity of the 2000s simply disappeared as people sought to sell their risky assets for cash. The same will happen in China. We will discover that the claims on those gigantic reserves are even more gigantic still.

I urge you to make your credit decisions always with a thought to what might happen when the dam bursts in China and floods all the emerging markets with problems.

Some Practical Advice to Protect Your Credit Portfolio

Here I address the third and last objective of my talk, advice on how to keep your credit portfolio from suffering avoidable misfortunes.

(1) Attend FCIB conferences and become involved in the organization. The conferences and the contacts I made at the conferences were the best source of business intelligence I had. I hated to miss a conference because I knew I was missing out on important things.

(2) Read a lot about the area you manage. I recommend the Financial Times, which provides broad coverage of even small markets other business publications ignore. Subscribe to services like Armada Global Intelligence or Stratfor and keep up with what they report in your region.

(3) Go to the region regularly and talk to the local business people. It’s also a good idea to cultivate the local FedEx or DHL managers. They are likely to speak English and be aware of things in local markets because they will likely be locals. Attend local Rotary Club meetings even if you don’t speak the language. An English speaker there will seek you out to practice his or her broken English on you.

(4) Don’t be afraid to ask embarrassing questions. If they get answered they usually reveal something valuable. I remember putting some blunt questions to an Argentine financial official at an IMF meeting in Istanbul about creditors who did not participate in the 2005 exchange. His favorable response helped me make the profitable decision to take more Argentine risk.

(5) Watch for signs that local capital is fleeing. An obvious indicator is the presence of a black market for US dollars. Another one is locals going overseas to buy foreign assets at inflated prices.

(6) Read closely Nassim Taleb’s “Black Swan” and heed his objections to the financial models we use. His critique has been vilified, ignored, and, at times, grudgingly accepted, but never convincingly refuted. Please realize that we almost always know a lot less about markets that we think we do.
(7) Read “This Time Is Different” by Reinhardt and Rogoff. This excellent study of centuries of financial folly illustrates how economic decision makers always forget the lessons of history and repeat the same mistakes.

In closing, I would like to leave you with a quote from Chuck Prince, another CEO of Citigroup. In 2007 as Credit Binge I was reaching the end he said to the Financial Times:

“As long as the music is playing, you’ve got to get up and dance. We’re still dancing.”

Well, I suggest to you that if you are, like Chuck Prince, still dancing it is worth remembering that the party you are at is an illegal speakeasy, that the girl you are dancing with is a minor and that the police are already on their way!

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Jim Kaplan, the Chairman of Cubic Asset Management LLC in Boston, has kindly allowed me to republish a thoughtful and insightful article of his.

Here is the article’s text in full:

2010 2nd Quarter Stock Market Commentary

THE TYRANNY OF THE FEW

“The best argument against democracy is a five-minute conversation with the average voter.”
– Winston Churchill

Billy Joe Johnson is a man you would not like to meet in a dark alley. Johnson is a white supremacist, drug and alcohol abusing, serial killer. In 1991 he savagely beat another inmate to death with an ax handle. In 2002 he executed a snitch with a point blank shot to the head in Anaheim. Two years later he murdered another man by clubbing him with a claw hammer. Currently serving a 45 year sentence in the California state prison system for his crimes, he has also confessed to two previously unsolved murders. The state psychiatrist has described him as a low IQ sociopath. But in requesting that he receive the death penalty, Johnson has performed a risk-benefit analysis that would make an economics professor proud. California currently has 685 inmates in San Quentin’s Death Row. Only 13 men have actually been put to death since 1977 when the death penalty was reinstated, none in the last four years. Johnson estimates that the mandatory appeals required by California law before a death sentence can be carried out will take at least 24 years, making him more than 70 years old. In the meantime, he will “enjoy” a larger single cell, while other maximum security prisoners have to share a smaller two-bunk room. Death row inmates have more telephone privileges and have contact visits in private rooms, rather than the communal halls in other institutions. They receive breakfast and dinner in their cells, and have exclusive control over their own television and CD player. It currently costs California $49,000 per year to house a maximum security inmate, compared to $138,000 for a death row inmate. Ignoring inflation, the taxpayers will incur over $2.1 million in expenses because of a dysfunctional appeals process. It is hard to make a case that capital punishment serves as a deterrent when criminals prefer that sentence.
The case of Billy Joe Johnson is a dramatic example of the nation’s collective obsession with placing adherence to the legal process above common sense. Unfortunately, this has dire economic consequences for all of us. Two of the biggest issues facing the United States currently are the stubbornly high unemployment rate and the need to create a cohesive national energy policy. President Obama sees these issues as inextricably linked; the $787 billion stimulus bill included $59 billion in new clean energy tax breaks. The tax breaks, he claimed, will help create 300,000 new jobs and double the supply of renewable energy. According to the White House web site, alternative energy technologies should reduce our dependence on foreign oil and the destabilizing effects of climate change.

One technology which would seem to be consistent with the guiding principles set forth is solar power. Renewable (as long as the sun rises the next day), abundant, non-polluting and silent, it would seem to be a source of energy whose “day in the sun” has arrived. Over the past few years, utility giants Pacific Gas & Electric and FPL Group (Florida Power & Light), with financing provided by Goldman Sachs, in conjunction with a passel of Silicon Valley start-ups, have filed applications to build solar power plants on federal land in California’s Mojave Desert. They have the support of such prominent environmental groups as the Natural Resources Defense Council, the Environmental Defense Fund and the Sierra Club.

But the supporters didn’t anticipate the vehement opposition of the less well-known Wildlands Conservancy, which persuaded California’s Senator Diane Feinstein to introduce legislation banning renewable energy development on more than a million acres of the Mojave, including the land on which the coalition had filed its application. While hundreds of thousands of acres remain available as potential solar farm sites, the prohibited land is nearest to power transmission lines and the populous Southern California market. A separate lawsuit has challenged the project because of its potential impact on water resources. And for good measure, yet another suit has challenged any development because of the threat it poses to the desert tortoise. To quote Governor Arnold Schwartzenegger, “If we cannot put a solar power plant in the Mojave Desert, I don’t know where the hell we can put it”.

This inability to allow the needs of society at large to trump the procedural maneuvers of organized minorities translates directly into lost job opportunities. Most of the technological breakthroughs over the past forty years that made solar cells economically feasible occurred in labs that were federally funded with tax dollars. Yet Japan was the first to commercialize the construction of solar panels for homes and businesses. Now China has overtaken Japan to produce 35% of the world’s solar cells and 49% of polysilicon wafers, the main material used in solar cells. The U.S. makes just 5% of cells. Even American companies like First Solar, which is opening a new plant every three months and creating 4,000 jobs/year, is building 86% of its capacity in Germany and Malaysia, as both Asian and European countries have done more to stimulate domestic demand.

The other alternative energy source which is currently economically viable is wind power. Once the capital cost of erecting wind turbines has been incurred, wind is free, produces no greenhouse gases, and is available both at night and on cloudy days. While turbines are tall, they occupy a small footprint, and so the land on which they are constructed can be used for other productive purposes, such as agriculture. Even in rural areas that are remote from the electrical grid, wind turbines can generate power that can be used locally. In 1999, a consortium called the Cape Wind Project proposed building the nation’s first offshore wind farm in Nantucket Sound, to help mitigate New England’s heavy dependence on oil. Despite the overwhelming support of most environmentalists for promoting the use of non-fossil fuels, various levels of environmental review stalled the project for years. But the delaying tactics were just beginning. Senator Ted Kennedy vehemently opposed the project, because it would spoil the view from the Kennedy family compound in Hyannisport. Another lawsuit was filed claiming the project would lower property values by destroying the view. Other suits claimed that it would kill migratory birds, represent a threat to private aviation, and destroy the fishing industry. The Cape Wind Project successfully overcame every obstacle, at a cost of over $45 million, and late last year it looked like construction might finally begin. The Project’s developer, Energy Management Inc. placed an order for 130 turbines with Siemens. But then the project hit an unexpected roadblock when the National Park Service agreed with the Wampanoag Aquinnah and Mashpee that Nantucket Sound should be listed on the National Register of Historic Places. They ruled that the Project would disrupt the tribes’ spiritual sun greetings and submerged burial grounds, despite the fact that the National Register has previously only been used for specific properties, and that the tribes only used the land under the Sound before the last Ice Age. If this decision is ultimately upheld, it will mean that other federal bodies of water can receive similar designation, slowing any offshore development. As bizarre as this decision seems, it could have been worse. The Aquinnah had actually tried to get the entire Atlantic Ocean added to the National Register.

In late April the Interior Department gave approval to proceed with this long delayed project in a scaled-back form, but ordered additional seabed surveys. Three hours after the decision, the Alliance to Protect Nantucket Sound filed yet another lawsuit. Legal experts estimate that lawsuits may be able to stall the project for yet another five years. Contrast this decade-long delay with the fact that the entire Hoover Dam project went from conception to completion in five years.
Compare this to Europe, where 2,000 megawatts of offshore generating capacity are already operating, and 40,000 additional megawatts are scheduled to be built by 2020, enough to power 25 million homes. Not surprisingly, General Electric has just announced that it is investing approximately $150 million in a turbine plant in the United Kingdom, creating jobs that could just as easily have been created here if only there was end-market demand. I am sure that our oil producing friends around the world will continue to supply us with an unlimited supply at reasonable prices despite our unwillingness to take constructive action to reduce our oil dependence. Aren’t you?

Renewable energy projects are not the only victims of “proceduralism”. Consider the efforts of Rio Tinto, one of the world’s largest mining companies, to develop the Kennecott Eagle nickel mine in Michigan’s Upper Peninsula. The United States is fortunate to have vast reserves of many raw materials, but is one of the last venues that mining companies consider when planning a project. Rio Tinto first proposed this mine on a 90 acre site in 2002. It would create 500 construction jobs and 200 permanent jobs in an area currently suffering from over 20% unemployment. Rio Tinto has had to obtain literally dozens of permits from local municipalities, the state and federal government, all of whom regulate pollution in water and air. The company has had to provide air and water quality samples, survey maps of potential water leeching, designs for wastewater storage, and plans for reclamation, such as replanting of vegetation. It has faced lawsuits from the Yellow Dog Watershed Preserve concerning the project’s impact on wild blueberries that grow in the area, among other issues. After more than seven years, a state agency finally issued the water, air and mine permits necessary to begin. But Rio has yet to receive a federal water permit. According to an international mining advisory group, of the twenty five top mining countries in the world, the United States is tied with Papua New Guinea for the longest approval process. In the meantime, we remain one of the largest purchasers of raw materials from Australia, Brazil, Canada and Africa of minerals which we could mine at home. It is worth noting that both Australia and Canada have environmental laws governing mine construction that are comparable to those in the U.S., but projects typically move from the drawing board to approval in one to two years in both countries. It is the legal and regulatory climate that creates the difference.

The examples above are by no means isolated. Chicago’s O’Hare International Airport has long been notorious for frequent delays which, because of it’s prominence as a hub for both United and American Airlines, tend to snarl air traffic across the country. Nearly every frequent flyer has a horror story to tell about missed meetings and flights because of time spent on the runway or waiting for a gate at O’Hare. But late last year O’Hare opened a new runway, and the results are startling. Despite being the second busiest airport in the United States, and the fourth busiest in the world, the on-time arrival rate has soared 27% in the ten months since the new runway opened. Delays at O’Hare are now less than at Dallas, Atlanta or Denver. But this was the first new runway at O’Hare in an unbelievable 37 years. On the same day that this runway was opened, Seattle’s Sea-Tac Airport opened another runway that was first proposed over two decades ago. Despite the astonishing growth in air travel, these (and another in Washington, D.C. which also opened on the same day) were the first new runways to be opened in over twenty years at any of the twenty-five largest U.S. airports. NIMBY lawsuits (not in my backyard), environmental lawsuits and noise pollution lawsuits are causing the waste of billions of dollars and billions of man-hours of lost productivity as the nation’s air travel infrastructure falls woefully behind demand.

Nuclear power plants have been similarly stymied. The last nuclear power plant to be built in the United States was the River Bend plant in Louisiana, whose construction was started in 1977. There are over 60 anti-nuclear groups active in the country who have successfully blocked every proposal. This is despite the fact that in the United States there have been zero fatalities or adverse health effects from radiologic exposure from any commercial nuclear power plant. In independent studies over the period from 1970-1992, it was found that there were only 39 on-the-job deaths of nuclear power plant workers. During the same time period, there were 6,400 on-the-job deaths of workers at coal fired power plants, 1,200 on-the-job deaths of natural gas power plant workers and members of the general public caused by natural gas power plants, and 4,000 deaths of members of the general public caused by hydroelectric plants. Even worse, coal power plants are estimated to kill 24,000 Americans per year, due to lung disease as well as causing 40,000 heart attacks per year in the United States, and to collectively emit more than 100 times as much radiation as the nation’s nuclear plants. Contrast the American nuclear landscape with that of France, where 80% of the nation’s electricity is generated by nuclear power plants and that country has become the world’s largest exporter of electricity.

As noted, many of our principal economic competitors do not face the same hurdles when implementing industrial policy. China is currently the third largest economy in the world, and its growth rate is roughly triple our own. But this growth comes with social and environmental costs. China’s Three Gorges Dam, for example, is the largest electric generating facility in the world. Its 34 generators produce a staggering 22,500 megawatts. Construction began in 1994 and the project began generating power in 2008. While some construction is ongoing, the project is coming in roughly $3 billion under budget. In order to build this facility, over 1.3 million people were displaced from their homes, water flows were changed which caused landslides, and numerous cultural and archeological sites have been flooded.

Brazil is the world’s eighth largest economy. But its rapid growth has resulted in massive deforestation of the Amazon rain forest. Since 1970, deforestation has destroyed roughly 600,000 square kilometers of forest, equal to the areas of Great Britain, Italy and Switzerland combined. Brazil has more fresh water than any other country in the world. Yet its two largest cities, Rio de Janeiro and Sao Paulo, which have a combined 30 million people in their metropolitan areas, suffer periodic shut-downs of their water supply because pollution makes it unsafe to drink.

Few people would argue that we should permit the same unfettered growth here. But in a global economy, American manufacturers must compete head-to-head with those in countries that have far fewer barriers to low cost energy production, manufacturing, and infrastructure expansion. The painful lesson to be learned is that we can no longer have it all. Our willingness to tolerate endless procedural delays, which undoubtedly provides us with a safer and cleaner environment, comes with a higher unemployment rate, and a dependency for raw materials, like oil or rare metals, upon economies with less refined sensibilities.

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Check out my interview with Jay Liebenguth over at Fresh Octane:

You and I fret over how to balance our investment dollars in a SEP or an IRA. Meanwhile, Robert P. Smith has his bags packed for Damascus, Syria to measure that country’s investment potential. That’s why he is portrayed as the “Indiana Jones” of international finance.

“Give me a country that is at war because the last President has been shot and I’ll figure out something to do to make money,” says Smith who is author of RICHES AMONG THE RUINS—Adventures in the Dark Corners of the Global Economy.

In this new book, Smith recounts his experiences risking not only his money, but his life, in war zones, dictatorships, and crime-ridden capitals in countries like El Salvador, Nigeria, Turkey, Russia and Iraq.

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The economic and political ties between Iran and China are often brought up in the context of geopolitical negotiations, with China’s oil purchases leading the headlines. That’s understandable, given Iran’s importance in the Middle East. Overlooked, however, is another country that is even more important to China’s oil supplies – Angola.

Angola sent 235 million barrels of oil to China last year, or about 640,000 barrels per day. That’s 66 million barrels more than Iran, and only a bit less than the largest supplier, Saudi Arabia. In fact, Angola eclipsed Saudi Arabia as China’s top supplier last month, although that may change as the year goes on. According to Royal Dutch Shell, Angola will produce double the amount that Nigeria does within 10 years – though that prediction hinges as much on Nigerian instability as it does on Angolan development.

Angola emerged from a bloody war of liberation against Portugal and a prolonged struggle between Marxist and anti-Communist factions. Its diamond mines and oil reserves promised both future prosperity and foreign interest or even meddling in its affairs. Though it’s been the fastest-growing economy in Africa with double digit growth from 2006-2008, it’s also plagued by rampant corruption, separatist guerrillas, and millions of landmines. Formerly an agrarian economy and exporter of agricultural products, the countryside was so thoroughly devastated by war that it now imports 90% of its food.

As it exports more oil and discovers more fields, Angola will grow in importance on the global stage. It’s also an important front in the Chinese effort to secure African assets and allies, as China’s largest trade partner on the continent. Estimates of Chinese loans to Angola vary wildly, from $2 billion (the official figure) to as much as $9 billion with confidential, behind-the-scenes loans.

Angola illustrates the complex interplay of sovereign debt, resource extraction, and competing national and extra-national interests in the new global marketplace. Angola has about $19bn in public debt, and recently made amends with the IMF after walking away from the fund in 2007. Its rising oil revenues and strong Chinese financing gave it flexibility in negotiating the terms of its obligations that other African nations do not have.

However, Angola isn’t placing all its chips on China. It is seeking to raise as much as $4bn by issuing debt, its first international debt sale. In order to do so, it must get a credit rating from the big agencies like Moody’s, Standard & Poor’s and Fitch. Obviously, either Chinese lending is insufficient to cover Angola’s needs, or it wants to keep its options and obligations diversified throughout the globe.

Investor sentiment is ambiguous, with analysts predicting that nervousness over sovereign debt will mean that Angola only gets about a quarter of the funding it’s looking for. Nevertheless, there does appear to be demand for sovereign bonds from Africa, according to PIMCO, the world’s largest bond fund.

This might make Angola’s auction an opportunity for emerging market debt investors, though – Angola may be forced to offer more attractive yields to buyers made shy by default scares in Dubai and Greece.  Yields will certainly have to be high given Angola’s history of default, as well as the intractable issue of corruption.

In Transparency International’s Corruption Perception Index for 2009, Angola ranked 162 out of 180, tied with Venezuela and the Congo, among others. In this climate, Chinese firms – which aren’t saddled with inconvenient Western laws about bribery and graft in foreign nations – have a distinct advantage.

On the political front, President Jose Eduardo dos Santos has ruled the country since 1979, and appears to basically be President-for-life. Presidency-for-life hasn’t worked particularly well in oil-rich Venezuela. Furthermore, separatists continue to struggle for the independence of the exclave of Cabinda, a small region separated by a sliver of Congolese territory which produces more than half of Angola’s oil. The rebels hit headlines this January in a recent attack that left several members of the visiting Togolese soccer team dead. A violent flare-up in the region could cripple Angolan exports, with most of the offshore reserves located in this volatile region.

The violence in Cabinda is eclipsed by the chaos in Nigeria’s Delta State, where government troops, oil companies, and their workers are in a state of constant tension and sometimes all-out warfare with rebel groups and separatists. Compared to this conflict, Angola’s is relatively subdued.

Many questions still remain regarding Angola’s ability to service its debt, given its past and corruption. It was in default for years, a fact that bond buyers with short memories are likely to ignore. Having invested in Angolan debt before, I know how important willingness to pay is; different countries have different national characters, and they do not just change overnight.

Some of  the incentives to invest in Angola are there,– a reasonable debt-to-GDP ratio of 16.8%, large oil fields with a high rate of new discoveries, and economic ties to the world’s two biggest economies. The question is whether these facts will be enough to sway investors nervous about the future of sovereign bonds in general and Angolan creditworthiness in particular. In the end, the appeal of an Angolan bond offering will depend on a number of key factors – the credit rating they receive from the major agencies, the state of the global sovereign bond market when the government goes to auction, and the geopolitical stability of the nation and its neighbors.

Robert P. Smith, is the founder of the Boston-based Turan Corp., an investment firm specializing in emerging-market debt, and the author of “Riches Among the Ruins: Adventures in the Dark Corners of the Global Economy.”

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Farah Stockman wrote a terrific article about Turan, Iraqi bonds, and the way bond prices track political and social stability in conflicted nations like Iraq:

WASHINGTON — Some count the kidnappings. Others count the suicide bombs. Still others count the deaths of US soldiers. But, in the saga of Iraq’s slow struggle toward normalcy, Robert Smith keeps track of something far more obscure: the price of Iraqi governmentissued bonds.

Smith, one of Boston’s most intrepid investors, has made his fortune betting on the world’s most dangerous places. Dubbed the “Indiana Jones of International Finance,’’ Smith buys IOUs from governments so unstable that few others will touch them.

From an office that overlooks Boston Harbor, Smith can recall when Iraq looked like a terrible gamble, as sectarian violence raged and the country slid toward a civil war. But now, a week after Iraq’s historic election, his bets are paying off: The price of Iraqi bonds has doubled in the last year, recently hitting their highest value ever.

“Iraq has the potential to vault past other countries’’ to become a top oil producer, said Smith, a 70-year-old debt merchant whose recent book, “Riches Among the Ruins,’’ details his investment adventures.

Check it out online or in the Sunday Boston Globe.

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Last year, I met with a Palestinian official named Dr. Jihad al-Wazir, the governor of the Palestinian Monetary Authority. He explained to me his vision for financial modernization and transparency as a way forward for the West Bank, with investment providing greater opportunities for the territory. Although the specter of armed conflict – either with Israel or internally with Hamas – always looms over Palestine, they have actually made some remarkable economic strides.

This week, a group of Palestinian business leaders and investors traveled to London to promote the Palestine Securities Exchange, based in the cities of Nablus and Ramallah. Ahmad Aweidah, the PSE’s chief executive, pointed out the fact that “investors have achieved an average annual return of 17.5%” since 1997.

The PSE is moving towards floating itself as a publicly-traded company in late 2010 or 2011, according to the Financial Times, and its biggest Western investor is Blakeney Management, a small London-based firm very similar to Turan in its focus on emerging markets and illiquid assets, according to Aweidah.

The risks of investing in Palestine are obvious – security and corruption top the list, with the ability of listed companies to expand their production and sales severely limited in the event of conflict or Israeli blockades. The upshot is that like any ‘frontier market,’ opportunities to pick up underpriced securities will exist in the climate of uncertainty and inefficiency. The largest of the exchange’s 39 companies is PalTel, a local mobile provider – a classic emerging market infrastructure play, as many developing economies skip landlines altogether and head straight for mobile networks that cover more population faster.

If conditions stay relatively stable and Dr. al-Wazir is able to create a functioning system for central banking and capital markets, Palestine’s relatively educated population could fuel an economic boom in a territory starved for opportunity.

Look to see the PSE’s investor roadshow repeated later this year in New York City.

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This isn’t my article, but it’s an insightful analysis of the state of sovereign debt – including the seismic shift of high debt ratios from emerging to developed nations.

Many metrics speak to the generalised nature of the disruption to public finances. My favourite comes from Willem Buiter, Citi’s chief economist. More than 40 per cent of global GDP now resides in jurisdictions (overwhelmingly in the advanced economies) running fiscal deficits of 10 per cent of GDP or more. For much of the past 30 years, this fluctuated in the 0-5 per cent range and was dominated by emerging economies.

Second, the shock to public finances is undermining the analytical relevance of conventional classifications. Consider the old notion of a big divide between advanced and emerging economies. A growing number of the former now have significantly poorer economic and financial prospects, and greater vulnerabilities, than a growing number of the latter.

It’s now nations in the developed world that have surging deficits and total debt closing in on 100% of GDP, while emerging markets like Brazil are cleaning up their balance sheets thanks to competitive manufacturing businesses, commodity exports, and hawkish central banks.

While there are a lot of factors el-Erian leaves out, it’s a good overview of the future of sovereign debt.

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Latin Finance turned to Turan Corporation’s experience and the Riches Among the Ruins blog for analysis on the struggle between Lulismo and Chavismo in Latin America.

Brazil’s election is looming, with the electorate divided between Lula’s hand-picked successor Dilma Roussef and the Sao Paulo state governor, Jose Serra.

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My latest op-ed for the Providence Journal is now available online. I discuss the crisis in Greece and the lessons it holds for the United States.

Read it online at Projo.com, and join the discussion there!

International headlines have recently focused on Greece, one of the 16 countries in the European Union whose currency is the euro.

Greece is in danger of defaulting on its national debt. The reasons are obvious: too much spending and not enough tax collection. The Greek budget deficit reaches 12.7 percent of its gross domestic product and its national debt represents 113 percent of GDP. These numbers are worryingly similar to our own balance sheet, with debt equal to 73 percent of our GDP (but growing fast) and budget deficits at 10.6 percent.

Greece’s potential default has sent shockwaves through global bond and stock markets, which could end up equaling or even dwarfing our subprime housing and banking crisis. As a result, the U.S. dollar has strengthened against the euro and the interest buyers demand on Greek bonds has gone up. A few other E.U. countries, perhaps most notably Spain and Portugal, are also in trouble because of their uncontrolled borrowing and spending.

Read more…

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