Asian And Middle Eastern Business Ethics Hit Latin America

We recently spoke with Michael Diaz, Jr., the Miami-based managing partner at Diaz, Reus & Targ, LLP, who has spent more than 20 years in private practice defending and investigating Latin American money laundering and public corruption cases. A Cuban-born bilingual international attorney, Diaz (pictured) is a former U.S. government prosecutor who investigated and prosecuted highly publicized corruption, economic, drug, and other cases. Excerpts from his remarks appear below.  

 

"Beware when doing business in Latin America. Thanks to well financed and growing Chinese and Middle Eastern investment there, fraud and bribery are growing as well. Business practices considered unethical, fraudulent, and illegal in the United States, such as bribery and financial ‘favors,’ are largely tolerated and thriving in the developing regions of the Western Hemisphere, with little risk to the perpetrators.

 


            "I use the phrase ‘opportunity with impunity’ to describe these business, trade, and investment relationships, since both parties are often comfortable negotiating with embedded kickback schemes. For example, in Latin America’s mining industry, extra compensation remains a frequent factor in negotiating for drilling, cultivation, or exploitation rights.


            "However, that impunity faces fresh challenges from America. The U.S. government has recently passed new regulations and stepped up enforcement of the Foreign Corrupt Practices Act (“FCPA”), anti-money laundering (“AML”) laws, the USA Patriot Act and Office of Foreign Assets Control (“OFAC”) rules.  President Obama has pressed hard for passage of additional measures to protect consumers and prevent fraud at home and abroad. And the U.S. Justice Department recently announced that it would not tolerate payoffs to local officials by U.S. companies selling healthcare products in foreign markets.


            "Today, public and private entities operating in Latin America face serious penalties if they violate U.S. laws – even if based in China, the Middle East, or Europe. One example: Siemens recently paid more than $1.3 billion to settle corruption probes in the United States and Germany related to alleged bribery of Brazilian government officials. Clearly, the American government is willing to levy fines, freeze bank accounts, and take other steps to enforce its rules on doing business in Latin America – particularly for public companies regulated by the U.S. Securities and Exchange Commission (“SEC”). 


           "While U.S. pressure is leading to greater scrutiny of foreign investments in Latin America, it has not halted public entities and private corporations from seeking ‘opportunities with impunity.’ One reason is that Latino governments traditionally distrust their ‘big brother’ to the north, commonly complaining that the United States is interfering with Latin America’s right to regulate its own business practices.


            “In addition, Latin American nations often see U.S. antifraud and anticorruption regulations as hindrances to their economic growth – particularly during a recession when foreign investment from China and the Middle East comes as badly needed economic stimulus. For many Latin American governments, the creation of new jobs ranks far more important than abiding by U.S. anticorruption laws. 


            “Faced with these countervailing pressures, any company doing business in Latin America needs to analyze the risks associated with a new investment, acquisition, joint venture, or business transaction. There’s no substitute for due diligence at every step, including a thorough investigation of potential partners in the region. Otherwise, the U.S. company could be exposed to significant legal, financial, and public relations risks if past bribery or corruption charges come to light. 


            “When drafting business and investment agreements, it’s essential to include provisions that absolve a U.S. company from any corrupt practices committed by a foreign entity. That can make a dramatic difference if the government launches an anti-corruption, anti-money laundering, or fraud investigation.


            “The bottom line: Know your customer, know your partner, and know the risks of operating in a region where ‘opportunity with impunity’ remains the guiding principle for doing business.”

 

Tags:

How Could U.S. Reforms Affect Remittance Companies

Q A draft version of the Restoring American Financial Stability Act proposed by U.S. Sen. Christopher Dodd (D.-Conn.) contains an amendment that would directly impact the money transfer industry, including reuirements that companies regularly disclose and post exchange rates. How would the bill in its current form affect remittance providers? What are the arguments for and against stronger exchange-rate disclosure?

 

A Ricardo Ortiz, an associate, and Javier Ruiz, a law clerk, at Diaz, Reus & Targ, LLP: "The Senate bill is intended to protect the interests of remitters. This basically means more work for the companies and better service for the users. It represents costly requirements for the money transfer enterprises. They are supposed to post a daily disclosure containing the number of units that they will pay for sends of $100 and $200. Yet the complication and difficulty of posting a great amount of disclosures is evident, as exchange rates are not steady but constantly changing. Approximately 70 percent of transfers are done through money transfer companies; nonetheless, the other 30 percent of companies that offer remittance services and face no new requirements because of the legislation should also fulfill the bill's requirements. On the other hand, it means better service for customers due to the amount of information that should hlep them make better decisions. This may represent more work for money transfer companies but customers will greatly benefit. The transfer enterprises should not consider more work a bad thing, but quite the opposite, it will be an opportunity to become better service providers and give customers more confidence when it comes to transfers. The purpose of protecting remitters should not affect the development of the money transfer companies. However, overlooking customers' needs would strongly affect the growth of such companies."

 

For more information, please refer to www.chinalat.com/uploads/file/FSA100519.pdf.

 

 

 

Tags:

What Will 2010 Yield For Mexico's Banking Industry?

QThe head of HSBC's Mexican unit, Luis Pena, said Dec. 2 that he expects a return to growth

at Grupo Financiero HSBC as the country emerges from its recession, suggesting that although Mexico's recovery will be slow, '2010 will be better than 2009.' Will Mexico's banks indeed see growth next year? If so, how strong will that improvement be and which banks are best positioned for growth? How are new entrants in the financial sector like Walmex having an effect?
 

ARicardo Ortiz and Marta Colomar Garcia, associate attorneys at Diaz, Reus & Targ, LLP

in Miami: "It has been a difficult year for Mexico. The United States, which previously bought as much as 80 percent of Mexico's exports, dropped into a recession. As a tourist destination, Mexico was wracked by continuous news of extreme drug-related violence in the nation. In addition, the H1N1 flu struck the country, shuttering businesses and frightening travelers away. Fortunately, economic analysts have projected a 3 percent growth and an increased capital influx for Mexico in 2010. Despite a tumultuous 2009,Mexico's banking system remains robust. Banks are well capitalized and supported by a strong regulatory framework. Unlike its neighbor to the north, the Mexican government was not forced to bail out any of its banks. In fact, one of the best-positioned banks for growth in Mexico is Grupo Financiero HSBC. This financial institution has made it clear that it will continue to extend credit to small businesses, the real estate sector and consumers in 2010. Additionally, Spain's Grupo Santander is also flexing its financial muscles by working actively with Latin American governments and major regional clients to further boost its banking operations. Finally, BBVA Bancomer has received media attention as an institution positioned for growth. Indeed, the U.S. publication 'Banks of the Year 2009' named Bancomer the 'Best Bank inMexico.' If the predictions are accurate, Mexico will be an attractive market for business. New entrants in the financial sector will continue to create an incentive for better quality and increased competition. For example, by gaining more market share based on the quality of its product and its low-price campaigns, Walmex has increased competition and has created challenging situations for smaller businesses. Similarly, traditional financial institutions need to adapt new strategies to avoid changes in their relationships with traditional consumers. As Mexico's economy improves in 2010, so will its banking sector. Look for the jumpstart to begin with the business community reactivating the loan market, while the consumer segment becomes more dynamic."
 

ARogelio Ramírez de la O, director of Ecanal in Mexico City: "Bankers in Mexico expect credit to

recover in 2010 and may even incorporate this into their plans. But that would be too sanguine a view of the real economy, which, in the end, is the only sustenance of a healthy credit expansion. The feeble real economy is more likely to contribute to further credit deterioration. For one thing, there is no discernible increase in employment, Manufacturing employment fell 9.4 percent in October, while INEGI data on unemployed and under-employed rose by 2.3 million in the three quarters through last June. Adding those working less than 35 hours a week and those inactive
but 'available', the loss in jobs has been 5 million. Most employed workers did not receive a pay increase in 2009 and employers do not plan one for 2010. Thus, due to inflation alone, real wages will lose 10 percent over the last two years. In addition, the recent tax reform will reduce 6 percent of take-home pay in 2010, according to accountants. To be sure, this is what explains that overdue
housing loans jumped through October 48 percent on an annual basis, while for businesses the overdue loan rate increased 39 percent. Bankers have sold large consumer loan portfolios at a loss, and even so their consumer overdue portfolio is at 10 percent. This, in turn explains reduced bank lending. Consumer credit fell 16 percent through October, while for business it grew 1.4 percent compared to 27 percent in 2008. The cycle of deterioration in the real economy is far from complete; thus any increase in bank lending would remain risky."

 

ATapen Sinha, professor of risk management at the Instituto Tecnologico Autonomo de

Mexico and professor in the University of Nottingham Business School: "In December 2008, the consensus view of the 'experts' was that in 2009, the Mexican economy would grow 0.38 percent. By December 2009, the consensus view of the same experts was that the economy would contract 7.02 percent.Given this background, it is hard to take the views expressed by the same experts about the growth of banking activity in 2010 seriously. Just over 100 years ago, in 1907, there was a bank panic in the U.S. that eventually led to the birth of the Federal Reserve System in 1913. One direct consequence of bank panic in the U.S. is mentioned less often: the depression of 1908-09 in Mexico. This in turn led to the Mexican Revolution in 1910. Historian Kevin Cahill noted that 'the U.S. depression crippled the Mexican economy. Generating widespread dissatisfaction with President Porfirio Diaz's government, it thus was one of the factors that provoked the Maderistas and other revolutionaries to rebellion in 1910.' It is remarkable how similar the situation is between 1909 and 2009. Of course, it would be foolish to suggest that Mexico is heading for a revolution now. It is not. In October 2009, Walmex received approval for a 'correspondent license,' which enables it to take deposits and cash paychecks in 1,356 branches across Mexico. The two biggest banks in Mexico, Banamex and BBVA Bancomer, each have more than 1,500 branches. However,Walmex will be open for business for 16 hours a day, seven days a week. In comparison, banks are open for six to seven hours a day and around 250 days a year. Thus, it is clear that Walmex will have a big impact on some of the routine services."


ADavid Olivares-Villagomez, senior credit officer for Latin American bank ratings at Moody's

Investors Service: "Macroeconomic risks remain high in light of Mexico's sharp economic recession, where GDP is expected to shrink by around 7.5 percent in 2009, and nearterm recovery prospects are weak, increasing the downside risks to bank activity. The economic recession continues to affect overall business volumes, and stagnant lending is now a clear pattern. We've witnessed a drastic reduction in loan underwriting this year, which combined with important government and corporate loan repayments, led to a modest annual loan growth rate of only 3 percent—a rather low mark compared to some 25+ percent of previous years. Loan contraction responds to scarce demand as a result of high levels of customer indebtedness, weak labor markets and lower consumer confidence overall, or the fact that enterprises find lower demand for their products. Lower lending activity also reflects a rather weak credit supply, indicating that banks are still largely reluctant to lend because they have found themselves forced to adopt stricter underwriting following a period of aggressive expansion into the consumer segment—and because they continue to deal with loan deterioration in a context where borrower credit quality is still worsening. Under such a scenario, we believe that Mexican bank earnings and asset quality performance will continue to be under pressure in 2010, but systemic stress seems unlikely because of banks' strong capitalization and reserves. We expect loan growth to remain below historical levels, in the single-digit range. This opinion mirrors our view of prolonged recessionary macroeconomics and may contrast with some banks' more optimistic growth estimates. "
 

 

 

Tags:

Dubai: A High Rise, Then a Steep Fall

By CHIP CUMMINS, STEFANIA BIANCHI and MIRNA SLEIMAN

DUBAI -- As financial crisis roiled much of the world in October 2008, the head of Dubai's biggest state-owned developer unveiled his latest megaproject: a $38 billion development that would include a tower nearly two-thirds of a mile tall.

"I'm sure most of you are asking why we're launching this, and you'd be mad not to question it," said the executive, Chris O'Donnell, at a news conference. Though there would be economic ups and downs in the years needed to build the tower, he told listeners, demand would continue to outstrip supply.

"The fundamentals in the market are too strong," he said. "There won't be a crash."

Since then, residential real-estate prices in Dubai have slumped by almost 50%. Developers have slashed jobs and scrapped projects. Groundbreaking on the tower was long ago put on hold. The yearlong retrenchment culminated in last week's surprise announcement that Dubai would seek to restructure $26 billion of debts owed by Dubai World, the holding company for many of the government's port, infrastructure and real-estate businesses.

Getty Images

A woman and child ride past the Burj Dubai skyscraper.

Behind this jolt was one of the world's most concentrated property bubbles. Some $430 billion worth of construction projects have been scrapped across the United Arab Emirates, a desert country with a population of just 4.5 million and an area smaller than South Carolina. The majority were slated for the emirate of Dubai, according to estimates by the Middle East Economic Digest, a regional projects tracker.

The boom was fueled by easy credit, a poorly regulated market overrun by speculators, and cheerleading from Dubai officials -- including the hereditary ruler, Sheik Mohammed bin Rashid Al Maktoum.

His vision for the city -- a tolerant, modern metropolis open to the world, its many faiths and some of its excesses -- has long rankled conservative Arab neighbors, including some officials in Abu Dhabi, the buttoned-down capital of the U.A.E. But for others, Dubai became a symbol of what a modern Arab state might achieve if it embraced the West and its financial system. President Barack Obama, in a June speech to the Muslim world in Cairo, singled out Dubai as a place where economic development worked.

Dubai's soaring skyline is a symbol of pride here. At a National Day parade this week, men dressed in traditional Arab garb pushed floats consisting of scale models of the city's iconic buildings. There were models of the Burj Dubai -- the world's tallest skyscraper, due to open next month -- as well as the sail-shaped Burj Al Arab hotel and the Mall of the Emirates, which houses an indoor ski slope.

"Our leaders have been able to achieve all of this," said Ahmed Al Hammadi, watching the parade. As for the current debt crisis, "we will come out of it stronger," he said.

Officials and developers justified the breakneck pace at which these were built by touting Dubai's proximity to both Asia and Europe, its tax-free and tolerant way of life and its position as the region's business hub. Foreign executives, architects and real-estate brokers flocked here for the seemingly limitless scope to pursue big projects. International debt and property investors bought into the dream, too, until global financial markets seized up and much of the world plunged into recession. Then, buyers began to bail out, employers shed staff and companies put expansion on hold.

The result is a jaw-dropping real-estate overhang. "To Let" signboards adorn the facades of dozens of recently finished buildings along Sheikh Zayed Road, the superhighway that cuts through the city's canyon of skyscrapers. Office vacancies in new buildings run at 41%, according to international property agency Colliers International.

After taking markets by surprise last week with a request to delay debt payments at Dubai World by six months or more, the government here said early Tuesday it would begin a multiphase restructuring effort aimed at the company's debt, including $6 billion related to lending by the state-owned property developer, Nakheel. It said the restructuring would include the assessment of "deleveraging options," including asset sales. Dubai World said it had started discussions with its banks and these were proceeding on a "constructive basis."

International securities markets recovered their poise after a scare, but the effects aren't just financial. The debt announcement appeared to open a fresh rift between Dubai and U.A.E. capital Abu Dhabi. Federal officials there were livid at being left in the dark by Dubai's decision to seek a debt standstill, say people familiar with the situation. The rift has the potential to unsettle an important U.S. ally in the Persian Gulf, because Dubai, as a re-export hub and offshore financial center for Iranian businesses, is seen as key to U.S. efforts to isolate Iran.

Dubai and Abu Dhabi officials have underscored unity in recent days. But while the U.A.E. federal government orchestrated a $10 billion bailout earlier this year for Dubai companies, it hasn't stepped in to offer assistance to Dubai World.

Dubai's growth began in the early 1980s when Sheik Mohammed and his father pushed to diversify the economy in the face of dwindling oil. Dubai built luxury beachside hotels to lure wealthy visitors from India, Asia and the Middle East, plus package tours from Europe and Russia. In 2002, Sheik Mohammed opened the door to foreign ownership of property in certain developments. With little more than a brochure and a floor plan, buyers began to slap down deposits on townhouses, apartments and villas that wouldn't be ready for years.

Aarti Chana was living in the U.K. in 2004 when Nakheel pitched a project called Palm Jebel Ali to prospective buyers. As the second piece of a spectacular development jutting out in the sea in the shape of a palm tree, Palm Jebel Ali would include homes built on stilts, forming a 7.5-mile chain spelling out an Arabic poem written by Sheik Mohammed. "It takes a man of great vision to write on water," the poem reads in part.

Many units would be ready for occupancy by December 2009, Nakheel said. Ms. Chana, now 38 years old, put 10% down on a $780,000 five-bedroom beachfront villa and, making plans to settle here, sold her house near London. "I believed in the Dubai story," she says.

In 2006, Sheik Mohammed consolidated a handful of government businesses into the Dubai World holding company, with Sultan Ahmed bin Sulayem as its leader. To head Nakheel, Mr. Sulayem, in turn, plucked Mr. O'Donnell from Australia, where he headed a fast-growing property fund.

Messrs. Sulayem and O'Donnell declined to comment for this article. A spokesman for Nakheel didn't respond to emailed questions, nor did a spokesman for Dubai's ruler.

Nakheel was on a roll, preparing to open the first of the palm developments, Palm Jumeirah, and planning the next two. In September 2006, at a separate, 914-acre residential community called Jumeirah Park, villas starting at $654,000 sold out in a day. International banks and local lenders offered loans for up to 97% of the purchase price.

To help finance all this construction, Mr. O'Donnell turned to the bond markets. An investor presentation in November 2006 called Dubai a "vantage access point" that would draw in businessmen from a wide swath of the greater Middle East, from India to Egypt. It projected that Dubai's population, then just under 1.2 million, would grow by two million in 14 years.

Investors rushed to buy a piece of Nakheel's Islamic bond, known as a sukuk. Swamped by demand, the borrower increased the issue's size to $3.5 billion.

That year, Dubai's real-estate sector raised $4.9 billion through bonds and syndicated loans, according to data provided by Thomson Reuters. Real-estate borrowing soared in 2008 to $30.4 billion.

In 2007, a Dubai World affiliate bought the Queen Elizabeth 2, unveiling plans to moor the ocean liner at the Palm Jumeirah and turn it into a luxury hotel.

By then, cracks in the real-estate market were forming. Officials had put few regulations on development that might limit the speculation. Now, concerned that the market had grown overheated, they did so. And in early 2008, authorities embarked on a series of high-profile corruption investigations at some big real-estate and finance firms.

But police, courts and the companies themselves disclosed little about the probes. As a result of the lack of transparency, the crackdown on corruption, instead of comforting investors, spooked them.

"There is a complete distrust by investors in the system," said Michael Diaz, a Miami-based attorney with offices in Dubai. Dubai and U.A.E. officials say they have made efforts to improve the legal system.

In April 2008, police detained the Lebanese-American chief executive of one of Dubai's top developers. The company didn't disclose the arrest until after it was reported in the press. He denied wrongdoing

A string of other detentions followed at some of Dubai's biggest companies, including Nakheel. A Nakheel spokesman didn't answer emailed questions about the probe.

Typical was the case of British developer Arthur Fitzwilliam, an affable 58-year-old polo fan from London. He had lived in Dubai for two decades, dabbling in real estate and other ventures. In 2004, he inked a deal to develop a 14.5 million-square-foot plot of desert acquired from a government-controlled company.

The Plantation Equestrian and Polo Club would have air-conditioned stables for 800 horses, four polo fields, facilities to host horse shows and a five-star hotel. Mr. Fitzwilliam sought partners to help finance the project. A British banker agreed to provide financing, in exchange for a 30% stake, Mr. Fitzwilliam said in an interview.

But in June 2008, authorities detained Mr. Fitzwilliam, the banker and one other. Then in September, Dubai Islamic Bank, or DIB, foreclosed on the land for the project. It also seized more than 100 polo ponies, Mr. Fitzwilliam said. For almost a year, he sat in jail before charges were filed. In March 2009, authorities charged seven men with scheming to defraud DIB, according to a bill of indictment filed by Dubai's public prosecutors. Mr. Fitzwilliam was accused of aiding the scheme.

Last month, he was transferred to a Dubai hospital to undergo tests for cancer. Four Dubai police officers stood guard outside his room.

Mr. Fitzwilliam denied any wrongdoing, as did the British banker he was working with. "I want a fair trial, and I'm prepared to go with the system," he says, shackled to his hospital bed. "Anyone who knows the case knows I'm not guilty."

A spokesman for the Dubai prosecutor's office didn't respond to requests for comment.

Amid the uncertainty surrounding the arrests, the crisis roiling the rest of the world was catching up with Dubai. When global credit markets froze up in late 2008, international investors stopped buying Dubai property. Some who had already bought stopped making installment payments. Nakheel and others shed staff and scrapped or delayed dozens of projects.

Last February, the troubles touched Ms. Chana's plan for a new home in Dubai. Nakheel halted work on the Palm Jebel Ali. Though dredging had been done, little construction had.

Ms. Chana says she has sunk about $550,000 into her still-unfinished home. Earlier this year, she flew to Dubai to try to salvage the investment. She is living in a hotel-apartment with her daughter, helping to organize other investors and petition Nakheel for rebates. "I just won't let this drop," she says. "It's become my obsession."

In October, Nakheel proposed that Jebel Ali investors transfer their contracts to property elsewhere that is already finished or close to it.

Simon Murphy bought a $240,000 ground-floor apartment in the Palm Jumeirah in 2002 and moved in five years later. He is now a "resident representative" to Nakheel, like being part of a homeowners board. He says that in recent weeks, Nakheel has cut back on maintenance, including tree trimming.

Since Dubai's debt-standstill announcement, Mr. Murphy says, many apartment residents have stopped paying management fees, typically around $700 a month. Nakheel declined to comment. "Most people fear that their money will go into the bottomless pit of Nakheel debt," Mr. Murphy says.

—Andrew Harrison and Maria Abi Habib contributed to this article.

 

 

Tags:

UPDATE 1-Beijing's derivative default

* State-owned firms may default on commodity hedges - report
* Bankers dismayed, confused by report; seek more details
* Lawyers question legality of the move
* Traders suspect lurking losses may have prompted warning (Adds analysts
comments)


By Eadie Chen and Chen Aizhu


BEIJING, Aug 31 (Reuters) - A report that Chinese state-owned companies
will be allowed to walk away from loss-making commodity derivative trades
provoked anger and dismay among investment bankers on Monday as they
feared it may set a damaging precedent.


The State-owned Assets Supervision and Administration Commission, the
regulator and nominal shareholder for state-owned enterprises (SOEs), told
six foreign banks that SOEs reserved the right to default on contracts, Caijing
magazine quoted an unnamed industry source as saying in an article
published on Saturday.


While the details of the report could not be confirmed, it was Monday's hot
topic in financial circles from Shanghai to Singapore as commodity marketers
feared that companies holding underwater price hedges could simply renege
on the deals, costing banks millions of dollars in profit.


The warning from SASAC follows a series of measures from Beijing this year
to crack down on the sale of derivative products by foreign banks to Chinese
enterprises, principally big consumers, who bought protection against higher
prices last year only to watch the market collapse -- leaving them with losses.
While many companies including top airlines have come clean on the losses,
some analysts fear another wave may follow.


"I wouldn't be surprised if more state firms emerge with big derivatives trading
losses, otherwise SASAC wouldn't come out with such a radical move," said
a Hong Kong-based derivatives analyst, who like most other industry officials
and bankers declined to be named due to the high sensitivity of the issue.


A SASAC media official said on Monday that he was waiting for the "relevant
department's" official comment before he can clarify to media. A government
official said that the Bureau of Financial Supervision and Evaluation under
SASAC was handling the issue. The official declined to be named and did not
elaborate.


Spokespersons at Goldman Sachs (GS.N: Quote, Profile, Research, Stock
Buzz) and UBS (UBSN.VX: Quote, Profile, Research, Stock Buzz) declined
comment, and media officials at Morgan Stanley (MS.N: Quote, Profile,
Research, Stock Buzz) and JPMorgan (JPM.N: Quote, Profile, Research,
Stock Buzz) were not immediately available for comment. All are major global
providers of commodity risk management.


No bank were named in the Caijing report. The SASAC media officer alsodeclined to identify any specific banks.


"It's a handful of companies who are being encouraged by regulators to renegotiate,"
said a second banking source. "It's outrageous, but it's China, so everyone is treading very carefully."


DAMAGING PRECEDENT


For banks that are hoping to sell more derivatives hedges in China, the
world's fastest-expanding major economy and top commodities consumer,
the danger goes beyond the immediate risk to existing contracts to the
longer-term precedent that suggests Chinese companies can simply renege
on deals when they like.


The report follows an order from SASAC in July that required all central
government-controlled state companies engaged in trading derivatives to
make quarterly reports about their investments, including details of holdings
and performance.


But the reported letter opened several important questions that could not
immediately be answered.


"If we were among the banks receiving that letter, we would be very angry.
But now the key is to find out more details on the letter: In whose name the
letter was issued, the government or the corporate's? And under what was
the reason for defaulting?" said a Singapore-based marketing executive with
a foreign bank.


The source, whose bank did not receive a letter, said that Air China, China
Eastern and shipping giant COSCO -- among the Chinese companies that
have reported huge derivatives losses since last year -- had issued almost
identical notices to banks.


"If it's in the name of the government, the impact will be very negative," said
the source, who declined to be named.


Beijing-based derivatives lawyers said the so-called "legal letter" has no legal
standing -- SASAC as a shareholder has no business relationship with
international banks.


"It's like the father suddenly told the creditors of his debt-ridden son that his
son won't pay any of his debt," said a lawyer from the derivatives risks
committee of the Beijing Lawyers Association.


It's also unclear why Chinese state firms, which have complained that their
foreign banks sometimes did not disclose full information of potential risks
when selling them complicated products, did not seek redress through the
courts.


"If that is the case, these firms should seek through legal measures to
safeguard their rights, instead of turning to the authorities for political
interference," said a different lawyer.


SASAC took over the job of overseeing SOEs' derivatives trading from the
securities regulator in February after several Chinese firms reported huge
losses from derivatives.


For a factbox of China's derivatives debacles:[ID:nPEK206094] (Reporting by
Eadie Chen and Chen Aizhu in Beijing, Alfred Cang in Shanghai, George
Chen and Michael Flaherty in Hong Kong; Editing by Jonathan Leff)

 

 

Tags:

Are Latin American Attitudes Toward Foreign Banks Changing?

QWith numerous multinational banks and financial services corporations badly tarnished by

their role in the global economic meltdown, are Latin American countries' attitudes toward foreign banks changing? If so, in what way? How might the current environment affect foreign financial services companies operating in Latin America? Should countries make regulatory changes in their banking systems? Have foreign banks been a good or bad thing for Latin American countries?
 

 

ABoard Comment: Thomas Morante and Yani R. Contreras: "Foreign banks play an important


role in the Latin American financial system given their substantial market presence. Although many global banks and financial services companies have sustained losses and struggled during the economic meltdown, this has not necessarily impacted the extension of credit by multinational bank subsidiaries operating in numerous Latin American markets. The subsidiaries of foreign banks in Latin America,much like locally owned banks in the region, have funded operations from deposits obtained from the local market rather than securing financing from crossborder transactions or international markets. This has provided a certain stability to their loan activities.While it is true that some international banks have adopted new internal policies restricting their lendlending activities to accommodate the lack of liquidity in the market by imposing stricter criteria for borrowers to obtain loans, it does not appear that foreign bank subsidiaries in select Latin American countries such as Brazil, Mexico and Peru have reduced their lending activity when compared to locally owned banks in the region. Further, Latin American countries do not appear to be imposing higher barriers to entry for foreign financial institutions, in part due to commitments under DR-CAFTA, and NAFTA and other bilateral FTAs. Banking system problems in Latin America appear to arise not from the competition between foreign and local banks, but rather, because the market is dominated by few participants, making it an oligopoly. This  has increased the risk of instability (systemic risk) and introduced the possibility of contagion risk to other banks in a specific country. Furthermore, the decrease in money remittances has affected the availability of credit for both local and foreign banks in Latin America given that reduced remittances has meant reduced savings. In the context and spirit of the G-20 recommendations, it would appear that Latin American regulators will seek to ensure the continuation of credit and the strength of each local financial system. "

 


AGuest Comment: Carlos F. Gonzalez: "Although hard to believe now, there was a time in the

not too distant past when foreign banks greedily eyed Latin America's largely untapped markets. In
those heady days, foreign banks were tempted by opportunities in retail and small and middle market business banking. These institutions also promoted mortgage and consumer lending, as well as various credit card products. Because of the pronounced lack of penetration of consumer-based financial services (as compared to the US and Europe), Latin America offered the promise of solid and consistent growth. By 2008, the same banks that once capitalized on burgeoning credit markets began to reduce, if notcancel, available credit lines. Although banks may be cutting back their services, a demand still exists. Who fills that demand needs to be carefully considered.
Absent a change in course, the gap created by retreating banks may be filled by other financial institutions looking for new market opportunities. This poses a real danger. The economic downturn in the US exposed serious structural defects in many banks and other financial institutions. Although better oversight may have lessened the blow, the fact remains that certain institutions pursued lending and other business strategies with catastrophic consequences.
It is not acceptable to simply allow these institutions to apply those same failed strategies in another market. Regulators throughout Latin America must carefully scrutinize foreign banks, particularly those looking to establish a first presence in the current economic climate. While there is a dire need for credit and other financial services, the lessons of the US and Europe make clear that strict regulation is essential if another collapse is to be avoided."
 

Thomas Morante is a member of the Financial Services Advisor board and partner at Holland & Knight where Yani R. Contreras is foreign legal counsel. Both are members of the firm's Financial
Services Practice Group.


Carlos F. Gonzalez is a partner at Diaz, Reus & Targ in Miami.

 

Tags: