La creciente demanda energética de China es "legítima", afirma economista de AIE

Durante el proceso de rápido desarrollo económico, "China necesitará energía, y es totalmente legítimo", afirmó Fatih Birol, economista jefe de la Agencia Internacional de la Energía (AIE), este martes.

La semana pasada, la AIE publicó un informe que situaba a China como el mayor usuario de energía del mundo, elevando las preocupaciones por la influencia de Beijing en los mercados energéticos globales.

Sin embargo, Birol, el economista que presentó dicho informe, dijo que la sorpresa no era la respuesta esperada.

"Hace un año, China tenía un escaso margen respecto a Estados Unidos. Es normal porque, como país desarrollado, la demanda energética estadounidense no es tan fuerte como la china", explicó el economista en una entrevista en exclusiva con Xinhua.

La expansión general de la economía china es la principal fuerza motriz del aumento de la demanda energética, aseguró Birol. "Es legítimo", señaló. "Es un desarrollo muy normal. No hay nada de lo que sorprenderse".

"Si observamos el proceso de desarrollo económico de Estados Unidos o Europa, también necesitaron mucha energía" Ahora es China la que está creciendo", dijo Birol.

Estados Unidos ha sido el mayor usuario de energía del mundo durante el último siglo y en el año 2000 consumió el doble de energía que China.

Desde un punto de vista per cápita, el consumo de China representa un tercio de la media de la Organización de Cooperación y Desarrollo Económico (OCDE), y está muy por debajo del nivel de Estados Unidos, se indica en el informe.

El economista jefe de la AIE dijo que la gente debe prestar mayor atención al uso adecuado y sostenible de la energía, en lugar de al ránking de consumidores. Consideramos que la prioridad debe ser tratar de conseguir energía de fuentes limpias, apuntó Biral.

Al tiempo que alababa el crecimiento económico de China, que considera beneficioso para China pero también para el "bienestar económico global", Biral aplaudió las medidas del Gobierno chino para mejorar la eficiencia energética y hacer un mayor uso de las energías renovables y la energía nuclear.

Birol dijo que también valora la opción de los vehículos eléctricos en la política energética china porque puede reducir la necesidad de un sistema de transporte basado en el petróleo.

Durante la entrevista, el economista predijo repetidas veces que China será pronto "el campeón mundial en el uso de energías renovables".

En lo referente al próximo informe sobre Perspectivas de la Energía Mundial en 2010, Biral anunció: "Tenemos mensajes muy sorprendentes y positivos respecto al futuro rol de China en términos de energías renovables". No obstante, rehusó hacer más comentarios porque el informe se publicará en noviembre.

Puesto que China está llevando a cabo su tan elogiada expansión económica, el gran aumento de la demanda energética como condicionante inevitable supone desafíos para la mayor economía en vías de desarrollo del mundo.

"Las crecientes importaciones petroleras y las cuestiones medioambientales son dos de los principales desafíos que afronta China", indicó Birol.

"Hasta ahora no hemos observado nada extraordinario en el mercado, pero la demanda de petróleo de China es muy fuerte. Para los países productores, por favor, inviertan de una manera adecuada en los campos de petróleo y de gas (de sus países productores)", aseveró.

Respecto a la energía nuclear, Birol considera que China es el líder indiscutible en la construcción de centrales nucleares.

La construcción de centrales nucleares demuestra la determinación china de reducir el peso del carbón en la generación de energía eléctrica, y eso ayuda a combatir la contaminación local y el cambio climático.(Xinhua)

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China se perfila como segunda potencia mundial

SANTIAGO, 22 jul (Xinhua) -- China desplazará este año a Japón como la segunda economía del mundo medido en dólares corrientes, afirmó a Xinhua el director de Comercio Internacional e Integración de la Comisión Económica para América Latina y el Caribe (CEPAL), Osvaldo Rosales.

En abril pasado el organismo de las Naciones Unidas señaló que China estaba cerca de convertirse en la segunda potencia económica del mundo después de Estados Unidos, tendencia que ha sido confirmada por datos recientes, indicó Rosales.

El año pasado China desplazó a Alemania como exportador de bienes y a Estados Unidos como el primer mercado automotriz. La semana pasada se informó que era el primer consumidor de energía, al superar también a Estados Unidos, y todo indica que este año desplazará a Japón como segunda economía, afirmó Rosales.

La medición para determinar la ubicación de China como economía mundial es en dólares corrientes, ya que un cálculo en dólares-paridad hubiera convertido al país asiático en la segunda economía mundial desde hace varios años, subrayó.

Esto ratifica el rol que juga China en la economía mundial y justifica el relieve que ha dado en la CEPAL al examen de la relación económica y comercial con América Latina.

Rosales afirmó que las relaciones bilateral chino-latinoamericanas se siguen consolidando.

"Adicional a los flujos de comercio, hay expectativas de proyectos de inversión importantes, en Argentina y Brasil", agregó.

Como ejemplo mencionó la renovación del parque ferroviario en Argentina con alta tecnología, donde se espera una alta inversión china.

Recordó que en los últimos dos años China ha reconocido proyectos de inversión en minería, puertos y otros sectores en Brasil, Perú y Venezuela, lo cual corrige una asimetría muy marcada entre un nivel alto de comercio bilateral y un nivel de inversión comparativamente bajo.

En cuanto a la apreciación de la moneda china, el funcionario de la CEPAL dijo que un yuan más caro, desde el punto de vista comercial, significa que el precio de los productos chinos aumentarán en América Latina y que habrá menor presión competitiva sobre aquellos países con una industria más fuerte, como Brasil, Argentina o México.

"Sin embargo, todo indica que el margen de apreciación del yuan será muy marginal. No veo una reevaluación importante, por lo tanto, no creo que haga una gran diferencia en los actuales niveles de comercio", aclaró.

La economía de China creció 12 por ciento en el primer trimestre del año y 11 por ciento en el segundo. La intención es que en 2010 alcance un crecimiento de 10 por ciento, añadió.

Con un crecimiento de 12 por ciento es inevitable observar algún efecto marginal en los precios de las materias primas, sin embargo la curva se maneja mucho mejor desde el punto de vista de la economía de la región cuando los rasgos son acotados y no drásticos, precisó.

China, con su dinamismo y por la forma como arrastra a la región de Asia Pacífico a ese crecimiento, contribuye a que la economía mundial tenga el actual nivel de crecimiento.

"Sin ese crecimiento chino, la economía mundial estaría con un crecimiento cercano a cero", aseguró.

Rosales consideró que es una buena noticia que China mantenga ese ritmo, pero al mismo tiempo señaló que un crecimiento muy elevado hace surgir burbujas especulativas en viviendas o en acciones, lo cual debe ser evitado por las autoridades, ya que éstas, al reventarse, producen una recesión.

"La peor noticia que puede tener América Latina y el mundo es que China se desacelere bruscamente", señaló el especialista al añadir que al mundo, incluido América Latina, le conviene un ritmo de crecimiento elevado y sostenido en China.

"Conseguir crecimientos más sostenibles, entre 8 y 9 por ciento y de forma permanente, es una bueno para los precios de los 'commodities' (productos) de la región", aseguró.

Ante la pregunta de por qué existen regiones de América Latina que se benefician más del comercio con China que otras, Rosales explicó que se debe a la estructura productiva y exportadora de cada país.

"En el caso de América del Sur hay una complementariedad comercial con China. Esta subregión exporta 'commodities, productos mineros, agrícolas y energéticos que China demanda", lo cual justifica el vínculo creciente con Brasil, Argentina, Chile, Perú, Colombia, Venezuela.

Sin embargo, "en el caso de México y Centroamérica es distinta la relación económica con el país oriental porque alrededor del 85 por ciento de su comercio se realiza con Estados Unidos", agregó.

México exporta básicamente manufacturas a Estados Unidos, al igual que Centroamérica. Allí se produce una competencia de los productos mexicanos y centroamericanos con los chinos.

Dijo que la CEPAL ha sugerido aprovechar la cercanía que tienen México y Centroamérica con Estados Unidos, así como los acuerdos comerciales que tienen con ese país, para promover cadenas productivas con el fin de recibir inversión y tecnología de China.

Sobre la eventual participación de capitales de China en grandes proyectos de integración en la región, el funcionario de la CEPAL concluyó que China puede manifestar su interés en proyectos de integración en América Latina.

Los países de la región, a través de sus esquemas de integración, pueden presentar por su parte proyectos y hacer rondas de negocios con inversionistas chinos, indicó.

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Chirstian Science Monitor - Comparison between real-life espionage and images spun by popular film and fiction

Los Angeles —

The sudden and swift exchange <
http://www.csmonitor.com/USA/2010/0708/Russia-spies-case-rushes-to-a-close.-Why-the-hurry>  of spies between two nations in the midst of a politely tense diplomatic dance – as the US and Russia have been in – is no accident, say spy novelists, ex-spies, and government officials.

“The spy is one of the most potent figures of the imagination,” says author Steve Berry, president of International Thriller Writers. “They live in a world of deep personal conflict, wrestling with betraying everyone and everything they know and love just by doing their job. And so they are a perfect figure to hang these large stories of nations in conflict on.”

Every generation in history has put forth its own version of the vital information-gathering agent for popular consumption, he adds. “James Bond was the perfect cold warrior, but that genre pretty much died in 1990 and 1991 when the Soviet Union fell.” Since then, he adds, “We’ve all been developing the international thriller.”

When spies become news <
http://www.csmonitor.com/World/Europe/2010/0709/US-Russia-spy-swap-Why-London-is-a-hotbed-of-spies> , there is often a disparity between real-life espionage and the images spun by popular film and fiction.

“Hollywood pushes and exaggerates all the things that make a spy compelling,” says Mr. Berry. All the tools of the trade, from the cool gadgets to the personal ability to live a double life with charm and ease, make for great stories and form our expectations.

Spies can come in handy when things go wrong behind the doors of international relations, says Michael Diaz, an assistant state attorney in the Clinton administration.

“It’s usually because something has gone wrong and now it’s time to fix it,” says Mr. Diaz, a lawyer who specializes in espionage cases. A neat narrative – a spy swap! – with characters everyone understands is much more potent than a government report or commission. “Who knows what’s broken down behind the scenes or what isn’t going right?”

Diaz points out that most Americans can’t follow the reasons and details for Secretary of State Hillary Rodham Clinton’s visit to remote areas of the former Soviet Union. But, he says, “pull out that raven-haired beauty <
http://www.csmonitor.com/World/Europe/2010/0708/Anna-Chapman-deported-to-Russia-British-tabloids-will-miss-her>  living the New York high life while she slips secrets back to Mother Russia, and you have another story altogether.”

The often prosaic activities of day-to-day spying may actually hang on the somewhat dry reasons behind a remote crop failure in a troubled region of the world, but that begs the point, says Antiwar.com editorial director Justin Raimond. Spies – especially in the context of Russian-versus-American spies – are part of a larger narrative of the sort that most, if not all, war propaganda is made of, he says.

“The novels of Ian Fleming are the perfect example: super-villains in league with America's enemies versus equally glamorous superheroes such as Agent 007,” he says. “The recent Russian spy scare revives this narrative and tries to place it in a contemporary context. The result is that a rather prosaic reality – the apparent decision by the powers that be to prod the Russians – is masked by a fictional narrative: Russian pod people may be living next door to you.”



 

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Russian agents in U.S. mastered art of blending in

NEW YORK, July 8 (Reuters) - A ring of Russian spies, who pleaded guilty on Thursday to being foreign agents and will be sent home as part of a spy swap, developed deep cover to build ties with policymakers and send reports back to Moscow.

But as they hobnobbed with academics, gathered intelligence on potential CIA recruits, assembled data on high-end Manhattan real estate and sought ways into politics, it is unclear how much valuable information they relayed.


Starting in the 1990s, from Virginia to Boston to Seattle, the agents attended elite Ivy League schools to meet future power brokers, obtained influential jobs, married, had children and bought homes in upscale areas.


But the American lives they carefully constructed were fabrications. Nine of them were actually Russian and the other was a Peruvian.


At a court hearing on Thursday, all the members of the group pleaded guilty to acting as unregistered agents of a foreign government. They agreed to be deported as part of a swap with four people being held in Russia.


For years they blended in seamlessly.


"The type of assimilation techniques and tactics used in the Russian spy case ... is part of the modus operandi of any agent -- to be part of a fabric of a community," said attorney Michael Diaz Jr. of Miami, who has worked on spy cases.


The Montclair, New Jersey, couple who lived under the false names Richard and Cynthia Murphy forged a path common to many New York City couples.


In 2004, they lived in Hoboken, New Jersey, a stopover point for singles, couples and young families before moving to more upscale neighborhoods such as Montclair.


While there, according to an interview in the Daily News, neighbors said they hiked nearby and had barbecues together.


Their neighbors had photos of them ice-skating and at a birthday party for one of the Murphys' two daughters. Richard was studying international affairs and politics, Cynthia worked in finance, they were told.


SENDING INTEL


But on Sept. 23, 2004, surveillance caught Cynthia telling Richard how to meet people with good access. And later, court documents reveal, Moscow directed Richard to get involved in local Democratic or Republican politics.


Cynthia, who was attending Columbia University, was told to dig up personal information on students who might apply to the Central Intelligence Agency. She also used contacts she had met in New York to send reports to Moscow on the prospects for the global gold market, court documents show.


Donald Heathfield, arrested with Tracey Lee Ann Foley at their Boston townhouse, worked for a consulting firm and Foley was a real estate broker, according to local media. They lived the life of a typical Cambridge couple with two teenage sons. Heathfield's resume includes a master's from Harvard's Kennedy School, the reports said.


With that background, Heathfield, who had a false Canadian identity, was able to make contact with a former high-ranking U.S. government national security official and with a government nuclear worker, documents say.


Foley said she traveled to Paris often, a realtor who worked with Foley told a local publication. But according to court documents, Foley was adept at secret global travel, receiving false passports in foreign countries.


Anna Chapman, with her bright red hair and love of Manhattan night clubs, lived a different American dream. Also known as Anya Kushchenko, the 28-year-old ran a real estate business, her lawyer said in court last week.


Like many other young people in Manhattan, Chapman, the daughter of Russian diplomat Vasily Kuschenko, posted pictures on social networking site Facebook <javascript:void(0);>  and attended charity events, her lawyer explained recently. 


 

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Can Public-Private Insurance Provide Sufficient Disaster Coverage?

Pro­vide sufficient protection to disaster-prone countries in the region? What should be done to improve governments' access to such public-private facilities?

ASimon R. Young, CEO of Caribbean Risk Managers Ltd. and facility supervisor of the Caribbean Catastrophe Risk Insurance Facility:"The Caribbean Catastrophe Risk Insurance Facility (CCRIF) is the world's first multi-country risk pool, and is also the first catastrophe fund to utilize parametric policies. It oper­ates as a public-private partnership, pro­viding a joint reserve mechanism for Caribbean governments, designed to limit the financial impact of natural disasters by quickly providing liquidity when a policy is triggered. CCRIF represents a cost-effec­tive way to prefinance short-term sover­eign liquidity after a hurricane or earth­quake, filling the gap between immediate response aid and long-term redevelop­ment financing. CCRIF's role in compre­hensive disaster management is clearly highlighted in its response to the Jan. 12earthquake in Haiti. Immediately after the earthquake, CCRIF indicated that the ini‑tial magnitude/location information (the 'parameters' required to calculate the loss) suggested that a payout would be trig‑gered. Within a day, CCRIF announced that Haiti would receive $7.75 million and within 14 days the payout—approximately 20 times Haiti's $385,500 premium for earthquake coverage—was made to Haiti's government. Selection of different cover‑age options and payment of five times more premium could have yielded a pay‑out of almost $100 million. While theCCRIF payout to Haiti is small com­pared to the actual losses, the funds were apparently well-received. According to Associated Press estimates, less than 1 percent of pledged aid to Haiti will pro­vide actual liquidity to the government; thus CCRIF's payout will play a critical role in helping to keep the wheels of gov­ernment turning—by allowing the pay­ment of salaries for the public sector, for example."

ASamantha Hu, based in Shanghai, and Gerardo Rodriguez-Albizu, based in Miami, associates at Diaz Reus & Targ, LLP:"Natural disasters such as earthquakes, floods and droughts in a developing country can have a devastat­ing effect and cripple a country's already fragile economic climate. How to miti­gate such risk is a major challenge for governments in the developing and developed world alike. The unique char­acteristics offered by public-private insurance mechanisms should provide sufficient protection to disaster-prone countries. First, the public sector pos­sesses the political and legal capabilities to set up the necessary infrastructure for the private sector to work unhindered. Second, private insurance companies are uniquely adept at dealing with economic catastrophes. Third, private insurance companies, coupled with the public sec­tor's political and socioeconomic capital,possess unbridled access to global finan­cial markets. This combination allows local governments and NGOs to share the risks inherent in insuring the eco­nomic sustainability of disaster-pronecountries. Although public-private part­nership insurance mechanisms can meet the challenge, local governments play a pivotal role in providing access to those facilities. For example, a predictable and universally accepted legal framework is key. A stable, regulated insurance and capital market provides the private sec­tor with the comfort level needed to partner with governments or NGOs. Moreover, it will provide private insurers with efficient access to global markets, thus creating the ideal environment to insure against such catastrophes like the one experienced in Haiti.

ANikhil da Victoria Lobo, vice president of Insurance and Specialty at Swiss Re in New York:"By issuing its member governments parametric insur­ance policies, the CCRIF provides a transparent method for governments to quantify their risk exposure and transfer this exposure to the insurance and capi­tal markets. The policies provide rapid funds to offset immediate emergency expenses, reducing reliance on post-dis­aster aid. Today, in addition to the CCRIF, the World Bank's Multi Cat Program and the IDB's insurance facility for Central America also offer sovereign parametric insurance. With hundreds of millions of dollars of capacity annually, these platforms allow governments tochoose what risk they retain and what they transfer. The CCRIF has proven that parametric insurance works. Haiti's parametric earthquake insurance policy paid its full policy limit shortly after the disaster, and the CCRIF also made pay­ments to members in 2008 and 2007 for other disasters. Unfortunately, Haiti's earthquake policy was relatively small, with more resources allocated to the hurricane policy. Therefore, three steps should be taken to grow sovereign catas­trophe risk transfer in the region. First, multilaterals and reinsurers should bet­ter explain to governments how these insurance platforms work and how they complement risk mitigation and man­agement. Second, governments should join one of the platforms, using pilot transactions to build institutional capac­ity, enhance risk evaluation and foster risk consciousness. Finally, donors should fund further development and expansion of these platforms, even sup­porting initial premiums to encourage governments as first movers. Haiti's earthquake was another painful reminder that natural disasters are unforeseeable in their timing and unpre­dictable in their impact. Insurance can­not solve these challenges but it can deliver a powerful antidote to alleviate some of the pain.

 

 

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Capital Sources - New fund tracks companies fueling Peru's robust economy


July 22, 2009  By: Wayne Tompkins  


It is the Latin American country with the decade’s lowest inflation rate, the fastest growing  
economy and which, during that time has nearly halved its poverty rate. It’s banks are well  
reserved and non-performing loans are at about 2 percent.  


Some would guess that country to be Brazil, or Chile, or even Mexico — incorrectly. Here’s a hint:  
The correct answer might leave one Inca-credulous.  
 

"Peru is an untold story — a story that very few people really know,” said Daniel Gamba, Barclays   Global Investors’ chief executive for Latin America and the Caribbean. “People actually come to  
me and ask, ‘Is what you’re saying true?’ "


The investment community is taking notice: BGI’s iShares unit last month rolled out its MSCI All  
Peru Capped Index Fund, a basket of 25 Peruvian companies and the first investment vehicle of  
its kind allowing U.S. investors to participate in Peru’s economy (BlackRock is in the process of  
acquiring BGI, the main asset manager that in turn owns the iShares division).  


"Until now, there was no vehicle to actually invest and get your views on Peru expressed,” Gamba  Daniel Gamba  said on a recent visit to Miami. He was joined by Claudia Cooper Fort, an official with Peru’s economics ministry.   


"This is a fund that replicates the top 25 securities of companies headquartered in Peru, which happened to have 98 percent of all of the market capitalization of Peru,” Gamba said. “So you get all that’s listed in Peru. You have mining, you have finance, you have utilities. Traditionally, in the U.S., if you wanted to buy Peru the only way you could do it is either a derivative or ADRs  
(American Depository Receipts).”  


ADRs represent shares of stock in an overseas corporation and trade on U.S. stock exchanges, but not all offshore companies offer them. 

 
The Pacific Rim nation is forecasting a 3 percent to 4 percent growth in gross domestic product for 2009, as the developed world is mired in recession and other major Latin American players are projecting flat or negative growth. Some economists see 5 percent growth in 2010 with commodities rebounding as the government steps up spending of three years’ of budget surpluses, which are fueling a $3 billion stimulus plan to offset slowing private investment.  


Peru’s economy has grown an average of 6.8 percent a year since 2002 — the region’s highest — during which it also maintained its lowest inflation rate, 2.4 percent, according to the International Monetary Fund.  


"Peru has done extremely well in terms of trying to keep their inflationary issues under control,” said Michael Diaz Jr., managing  partner of international law firm Diaz Reus & Targ in Miami. “You have a lot of flight capital from nearby countries such as Venezuela going into Peru.”  


The Land of the Incas also is climbing the charts as a trading partner for South Florida. According to the U.S. Department of  Commerce, the state’s exports to Peru nearly doubled in a single year, from $763 million in 2007 to $1.34 billion in 2008, with computers and machinery accounting for more than half the total.

 

"Certainly, they’ve been very aggressive in terms of their international Cooper Fort  trade, inviting international investors certainly from the Far East and China,” Diaz said. “A lot of their mining operations are joint venture projects” with major multinationals.   


 While a modest economy in size, Peru’s 2008 GDP was about $128 billion, surging prices for its mineral exports — especially to China — and its 2006 free trade agreement with the U.S. have helped spur its growth. Turning Peru into a prospering country was not an overnight event, however.   


"We had dreadful macroeconomic policies during the ‘80s,” said Fort, director of economic and social studies for Peru’s Economy and Finance ministry. “We had hyperinflation and our macroeconomics were probably the worst on the whole continent. So now, it’s the best one. We started after this trauma actually very sound macroeconomic policies. That has been institutionalized in Peru so it’s very hard to go back.”  


Though Alberto Fujimori, the president during the ‘90s, currently is in prison for corruption and human rights violations, his administration’s economic policies began Peru’s turnaround.  


"We have saved fiscally and have had a very prudent monetary policy,” Fort said. “No inflation and a stable exchange rate allows low interest rates, which have encouraged long-term loans, investment and housing. Now we can implement expansionary monetary and fiscal policies without actually risking our macroeconomic stability.”  
 

The country’s stock exchange, the Lima General Index, is the world strongest performer this year, surging 81 percent in expectation of a rebound of commodity exports prices.  


“If you look at the past one, three, five and eight years, it’s actually outperformed all of the Latin American stocks,” Gamba said. “It’s outperformed emerging markets and it’s outperformed developed markets — and it’s expected to outperform them, which is more important. The fundamentals are very good.”  
 

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Sudan tense for oil border ruling

 

File photo from May 2008 showing Abyei village in South Sudan after clashes
Much of Abyei was left in ashes after clashes last year

Tension is high in Sudan as judges in The Hague have begun their ruling on a disputed internal border which cuts through rich oil fields.

The main parties in north and south Sudan have pledged to abide by the court ruling but some fear a return to their long war, which ended in 2005.

Under the peace deal, the south is autonomous but the region's borders are not clearly defined.

Both north and south claim the Abyei region and its oil.

The Permanent Court of Arbitration will not decide on who owns the land, but will decide on where Abyei's borders lie.

UN peacekeepers have beefed up their presence in Abyei in the run-up to the decision.

At the weekend the UN accused the southern Sudanese army, the SPLA, of moving troops into Abyei ahead of the ruling - claims the SPLA strongly denied.

Armies from the north and south had agreed to stay out of the area.

Ghost town

A 22-year civil war - separate from the Darfur conflict - which pitted the mainly Muslim north against the Christian and animist south ended in 2005, after claiming 1.5 million lives.

Under the peace deal a commission was established which demarcated Abyei's boundaries - but the north rejected the commission's decision.

 

Map

 

Abyei was supposed to be administered jointly until a referendum in 2011, when residents will vote on whether to join the north or the south.

Analysts say Abyei's residents are likely to vote to join southern Sudan's administration, so the disputed area's size and make-up is crucial.

At the same time, the south will vote on whether it wants to be independent.

The court in The Hague will decide if the boundary, which the commission ruled lies around 90km (56 miles) north of Abyei town, is correct - or it will demarcate a new border.

After clashes broke out in Abyei town last year, the two sides agreed to refer the case to The Hague.

As many as 100 people died, and the incident was seen as the biggest threat to the peace deal.

Correspondents say Abyei town is a ghost of its former self with few prepared to rebuild it, fearing further clashes.

Only about 3,000 people are thought to live in and around Abyei compared with 50,000 before the fighting last year, Reuters news agency reports.

The BBC's James Copnall in the capital, Khartoum, says the area is home to an Arab group of cattle herders, known as the Misseriya - loyal to the north, and the Dinka Ngok, part of the largest ethnic group of the south.

There is competition for resources like land for grazing and water and the divisions can easily be exploited, analysts say.

Both sides were used as proxy armies during the civil war.

 

 

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追踪大宗资产的猎人- 资产没收专家从庞氏骗局和其他欺诈行为收回不义之财的繁荣时代

2009年7月1日

http://news.yahoo.com/s/bw/20090701/bs_bw/0927b4138038179277



多米尼加共和国, 普拉塔港 在普拉塔港,多米尼加共和国的北部海岸,世界一流的富人们和不幸的穷人们毗邻而居。赤脚的儿童在内陆山地之间的窝棚中成群结队的乱转,而海滩边,美国人却在茂密的度假胜地享受龙虾和蜜饯木瓜。这里离迈阿密只有90分钟的飞机,离纽约大约3个多小时。

 

,这个有着517年历史的前西班牙殖民地国家与美国一衣带水,这让经常去那里的迈阿密律师, Michael Diaz及其领导的调查小组十分方便。Diaz是一批美国投资者的代理律师,这批投资者自称他们陷入了一个1.7亿美金的庞式骗局。 原告们声称,一对加拿大的房地产开发商, Frederick C. Elliott和他的儿子, Derek, 将原告们的钱用于对Puerto Plata度假村的早期投资者的还债, 并将这些钱大肆购物及挥霍。这些投资者希望通过诉讼的方式取得Elliott父子的资产。同时,据知悉内情的人指出, 虽然还没有提起刑事指控, 证券交易委员会也在审查Elliott父子的交易。Elliott父子拒绝就此发表评论。

 

该案是近期破灭的诸多金融骗局中的一例,从Bernard Madoff到Allen Stanford,也是“资产追缴”业的兴起. 早在对抗毒品的战争中--甚至在那之前,禁酒令时期抓捕走私犯的时候--财产追缴就已经定型为一个简单的过程:将赃物(现金、房屋、船只、及类似物品)从骗子手中收回并将这些掠夺品分配到受害者手中。


财产追缴属于民事行为:原告被害人针对财产提起诉讼,迫使业主解释他是如何取得这些财产的。如果被告拿不出令人满意的答复,法官可以下令扣押其资产。律师往往在检察官提出刑事指控前提起财产诉讼 令骗徒们惊讶的是律师往往能获得比检察官更好的成果. Wayne B. Black, 一名缉毒署(DEA)特别工作组的经验丰富的工作人员, 现在领导一家在迈阿密的商务调查和警卫公司, 称这一行业是”私人执法”.


现在是这些资产追缴人的好时光。关于庞式骗局和其他投资骗局的举报在过去一年中翻了三倍。虽然没有针对这个行业规模的可靠的统计数据,Black表示,今年内, 他的公司已经看到了双倍需求。


激增的活动吸引了前联邦调查局,缉毒署和海关的工作人员;辩护律师和私家侦探之间通力合作 许多人都使用了多年前曾在对抗毒品的战争中使用过的技能。Diaz律师是一个典型的资产专家, 他与犯罪斗争的技巧是从80年代迈阿密的穷街陋巷中一步步获得的。”这两个世界并不是不同的,” Michael R. McDonald说, 他曾是国税局专员并在30年前指挥了Greenback行动(各部门之间共同努力捣毁毒贩的金融活动) 。 “与毒贩相同,财产追缴打击的是金融罪犯的最痛处 - 钱。”


然而,帮助犯罪受害者只是这项业务的一部分。大多数从业者也将服务提供给诉讼的另一方: 骗徒。金融骗子比一般的犯罪分子更富裕, 更老谋深算,他们往往为抵制其资产的流失而聘请顶级律师。曾任迈阿密联邦检察官Charles A. Intriago表示, 对主要犯罪分子来说, “有99.9%的机会赃款不会被没收”。他在担任检察官期间负责过贩毒和洗钱案, 现在领导Asset Forfeiture Watch (执法机构顾问)。Intriago估计, 美国的犯罪分子每年要集资大约5000亿美金. 他说, 这些钱当中, 只有大约40亿被没收, 大部分是毒贩的犯罪所得. 保护剩下的4960亿美金是大生意.

 

资产追缴者和法律雇佣军在佛罗里达州好莱坞的Westin Diplomat度假村举行的第一次全球资产追缴会议上交换秘密. Bernie Madoff的面孔成了这此活动的非官方标识, 遍布在幻灯片以及派发资料之上. 与会者讨论了诸多议题,诸如: “不拿走他们的金钱就等于什么都没做:介绍财产没收的基本知识和这场游戏的法律规则” . 在答疑期间, 发现了一个技巧: “扣押在汽车仪表盘上的现金比扣押房子来得简单的多. 考虑一下房子的保养, 维修费, 法律费用以及在现在这样的市场上进行销售的费用.”会上没有提到的是这些技能可以并经常被应用在相反的方面. 平常的谈话, 尽管是不经意的, 会为一些人为犯罪分子保护非法所得提供意见. 道高一尺,魔高一丈.

 

向Elliott父子追缴一案中 ,Michael Diaz动用了其10多年的在法庭上分别代理控辩双方的经验. 在1986年从迈阿密法学院毕业后, 这位古巴后裔成为佛罗里达州助理检察官. 在90年代中期, 迈阿密的可卡因毒品凶杀案十分猖獗, 以至于当时美国总统里根指派副总统布什负责当地的特别工作小组. 这个城市的停尸间不得不租用Burger King的冷场车来储存尸体. Diaz在这种枪林弹雨的环境下提高自己的专业水平, 并在1990年加入一家专攻国际洗钱案的律师事务所. 现在, 他领导着拥有能说8种语言的、由50名律师和顾问组成的美国达瑞律师事务所.

 

Elliott一案近来占据了Diaz大多数的时间。该骗局可以追溯到八十年代Elliott父子开始购买普拉塔港海边地块的时候。到2000年的时候,他们已经将他们的商业经营转移到了岛上并已获得了几块绝佳地块。一家位于附近的Hacienda渡假酒店的经营者开始与Elliott接触并提议在他们的地块上建造一个度假村。2001年,Elliott父子与他人达成协议开始建造太阳村度假水疗中心 (Sun Village Resort & 300), 这个有着300间客房的中心拥有豪华别墅、5间餐厅、9间酒吧及7个游泳池。

 

根据法院文书,接下来的三年里,这对父子组合从1,600名私人投资者手中共筹集了3,200万美金。一份2001年发出的项目说明书中对该项目做出了三年总回报率60%的预期,并向投资者保证:“您的投资和建造该项目的土地一样稳固,每个季度,每90天,您都会得到您的收益”。

 

但是三年后,太阳村仍在继续建设并不断的烧钱。Elliott父子需要更多的资金。

 

他们很幸运,当时全球的房地产市场都是一片欣欣向荣的局面。全世界的投资者都渴望获得既有市场升值空间又有类似债券的收益的罕见组合,于是Elliott父子便创造这么一种组合:他们为投资者创造了购买豪华套房的季节性使用权的机会,类似于分时公用的安排,最小的时间段为一周。但是,更好的还在后面:任何没有使用的周数都可以转交给旅行社,由他们负责寻找租户。出租收入将和产权收益一起每个季度返还给投资者。

 

通过这个新的计划,Elliott父子又网罗了6,400万美金,并继续为太阳村增加设施,包括一个水疗场所及露天剧院。但是这个尚未完成的度假村的财务报表却显示其每年的现金亏损超过100万美元。同时,Elliott父子给自己支付着管理费,并且被指控从那时起已经开始使用新投资者的钱来偿还对前期投资者的支出了。他们还继续推出新的项目及募资的骗局,首先与Maxim杂志共同推出了相邻的平房的建造项目(Maxim之后为了退出该计划提起诉讼),然后又推出了位于Juan Dolio海滩的一处被遗弃的度假村的重建项目。

 

直至2008年春天,尽管已经为三个项目筹集了1亿7千万美金,Elliott父子一个项目都没有完成。他们停止了向投资者每个季度的付款 并且开始宣称投资者的起诉将不会产生任何效果。“我们有一个复杂的架构使得这些财产免于索赔和起诉,”Derek Elliott给员工的一封电子邮件中提到,“这些公司是绝对安全的”。

 

这绝不是空洞的自夸。Elliott父子的公司架构使得有些财产的管辖权只属于美国德拉华州的法院,有些只属于圣文森特和格林纳丁斯的法院, 或直布罗陀的法院,还有些属于多美尼加共和国或特克斯与凯科斯群岛的法院,大多数的财产则上述几地的共同管辖。“这些都是离岸金融欺诈的迹象,”Robert I. Targ指出。他是达瑞的合伙人,经验丰富的前美国海关官员。

 

Diaz对处理复杂的金融案件有着丰富的经验。他在追缴财产案件中为基金管理人及其他金融人士进行过上千小时的辩护。2006年,他为一位阿根廷当事人洗清了庞氏骗局诈骗犯的指控,使其免于10亿美元的赔偿。三月三日,Diaz在迈阿密联邦地区法院提起了民事诉讼,这是距离加勒比最近的美国司法管辖区。该诉讼指控Elliott父子将他们的公司作为“私人储蓄罐”,将投资人的收益调至他们的私人公司,并“使用欺诈手段转移资金”以购买Artisan(一种豪华雪茄)、一架私人飞机、一艘520,000美元的游轮、组织电影节、购买一辆$300,000美元的乡村音乐旅游巴士、土地及其他物品。

 

但是证明被告使用投资者的收益购买这些特殊的玩具不是一件容易的事。谁能说Elliott父子没有像其他人那样亏损了?谁能说他们买私人物品用的不是合法收入?谁又能说造成亏损的罪魁祸首不是全球房地产市场的崩溃?

 

由前检察官,佛罗里达州珊瑚阁市(Coral Gables)的律师Nelson C. Bellido 带领的Elliott父子的律师团队一直在努力反击。Bellido已经向法院递交两份取消Diaz代理资格的申请,他声称Diaz正在从数百名尚未参加诉讼的投资者中非法拉拢新的当事人。(一位地方治安官正对该申请进行审查)。

 

尽管有着种种困难,Diaz仍然打出了一记好球,三月份的时候,他将Greg Clark转为了控方证人。直到去年夏天,48岁的Clark一直是Elliott集团的首席财政官。Diaz表示他对Clark很坦率的说过:“你要么现在告诉我你的故事”,要么在将来的民事或刑事诉讼中“看你运气怎么样”。这句话说出的48小时之后,据Diaz说,这位行政官员放弃了抵抗。Clark觉得他可以通过详细地为原告们描述整个欺诈过程从而更好的保护自己的财产同时在刑事程序中获得更好的待遇。“他看上去如释重负,”Diaz说道。Clark拒绝对此作出评价。

 

Diaz说Clark用图表的方式解释了Elliott父子的交易,指出了父子俩是如何使用新投资者的资金向前期投资者偿还债务的,并提供财务纪录予以佐证。“Elliot集团非但没有按照他们向购买者承诺的那样使用筹集到的资金”,Clark在其3月20日所作的宣誓证言中提到,“他们反而给自己支付高额费用并将资金转移以购买私人财产”。

 

在5月8日的证言录取中,Diaz引用Clark的证言询问了Frederick Elliott关于一个其将1,700万美金从未完成的Juan Dolio 项目转移到一个不相关的房地产投机项目的问题。Frederick 崩溃了。他说他无法解释关于筹集到的资金额和使用掉的资金额间的不同。

 

这份供认是这件案子的转折点。至5月19日止,迈阿密和多美尼加共和国的法官已经冻结了Elliott父子在美国的3600万美元的财产及在多美尼加共和国的部分财产。9天之后,原告们又获得了一份涉及6800万美元财产的冻结令,包括Elliott父子的54英尺的游轮“独立号”。Elliott父子表示他们会对冻结令提起上诉。“原告指控的恶行是完全虚构的,”Carlos F. Concepcion 在一份给商业周刊的电子邮件中提到,他是Bellido在本案中的搭档。“Elliott父子将继续在多美尼加共和国奋力与那些试图使用不当方式夺得Elliott财产的异议者战斗以确保投资人的利益。”

 

尽管在这件案件中已经取得了很多进展,Diaz仍然丝毫不掩饰其对重回辩方角色的渴望。坐在其豪华的迈阿密办公室中,他背靠座椅询问着最近的资产追缴会议的情况。“嘿,祝他们好运”,他偷笑道,“那些可是好生意”。

 

 

 

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Green Building Surge in the Middle East Poses Opportunities and Risks for Businesses


 
 
 
11 July 2009

 

 

In recent years, the Middle East has emerged as a center for monumental buildings. Dubai is currently building the world's tallest - the Burj Dubai - while Saudi Arabia, Kuwait, Bahrain and Qatar consider building rival towers over the coming decade.

 

 

 

Although attention-grabbing, these developments also cause enormous environmental impact. It is estimated that buildings worldwide use 42 percent of the world's energy and are responsible for 40 percent of greenhouse gas emissions.  

 

Despite the current economic downturn, countries around the world--including the Middle East--are embracing green building design to help address environmental concerns.

 

Green developments in the Middle East
Many Gulf countries are introducing green building regulations and guidelines that govern the design and operation of all new buildings. Dubai World, the investment arm of the Dubai Government, has recently adopted the US LEED Green Building Certification scheme as a requirement for all its developments.  

 

Additionally, in the UAE, the Emirates Green Building Council will soon be developing a specific UAE LEED version to guide future developments. Bahrain, Qatar and Oman are all moving towards green building design as well.

 

These green initiatives have been triggered by numerous international organizations with Middle East operations bringing their environmental policies and standards into the region. In the UAE, international businesses that have adopted green initiatives include Grand Hyatt and HSBC. UAE companies following their example include TECOM Investments and Zabeel Properties with other local and international organizations likely to follow in the near future.

 

Given the harsh desert climate of the Arabian Peninsula, some experts question whether buildings in the Middle East can really go green. Nonetheless, green investing is growing in the region. Currently under construction, Masdar City in Abu Dhabi plans to be the world's first zero-waste and carbon-neutral city, utilizing green and alternative energy not only in buildings but in the entire city's infrastructure.  

 

New green buildings, but what about the old ones?
While green buildings are becoming the norm in new Middle Eastern construction, converting older buildings to green technology presents daunting challenges. While elsewhere, many old architectural symbols such as New York's Empire State Building are going green, it is yet to be witnessed whether the Middle East would take on the significant task of converting its old buildings to green. However, while installing energy efficient and renewable technologies in old buildings presents developers technical challenges and increased expenditure, the long-term advantages often outweigh the initial expense. 

 

In the current economic environment, owners and developers are realizing that green buildings offer a good investment. Green buildings have higher market values because they are cheaper and more efficient to maintain.  Also, by going green owners can expect an increase in occupancy. Given the growing demand for green building space in both the public and private sectors in the Middle East, owners and landlords are coming under increasing pressure to think green when selling or leasing their properties.

 

Impact on businesses
The green initiatives mean more opportunities for businesses to sell green building products, technologies and consultancy services in the region. Masdar City, for example, presents an attractive free zone for companies specializing in green technology to set up their businesses and bring their expertise to the region.

 

For existing businesses, adopting green building initiatives can enhance their corporate brand image.  In the UAE, for example, numerous building owners are seeking green building certifications such as the LEED certification, indicating that going green is rapidly becoming a critical business strategy in the Middle East. 

 

Also, work-related health and safety regulations of many Middle Eastern countries require employers to ensure a safe and risk-free working environment for employees. Many large organizations are demanding green commercial office buildings, recognizing that better indoor environmental quality increases employee productivity.  A green building can also mitigate employer liability in growing legal actions from occupants blaming buildings for various health problems. 

 

Avoiding Legal Risks
For all of their benefits, green buildings also pose legal challenges, including the need to...
Obtain proper local building approvals,
Maintain green improvements between tenant and landlord,
Secure financing,
Negotiate with insurance and financial institutions, and
Resolve disputes over building projects that fail to achieve their energy conservation goals. 

 

All of these challenges can be addressed by securing legal counsel at the inception of a business project. For example, contracts between developer, contractor and architect should assign responsibility for obtaining required certification, while leases between tenants and landlords should contain clauses that include the parties' individual responsibilities for maintaining green improvements.

 

If not properly managed, these issues can lead to protracted and expensive legal proceedings.  As a result, regulatory authorities such as the Real Estate Regulatory Agency (RERA) in Dubai are gearing up to deal with issues arising from breach of green conditions. 

 

Despite the upside potential, the real estate market's approach to green buildings has been mixed, in part due to a lack of knowledge about the importance of green buildings to the environment and energy conservation.  Moreover, some argue that in the current tough economic climate, developers and occupants may not want to shoulder the added expense of going green. 

 

But while obvious challenges exist, the future of green initiatives in the Middle East remains promising. An improving economic climate will offer new opportunities to set up green technology businesses and develop green buildings in the Middle East.

 

Carlos F. Gonzalez is a Partner with the Diaz Reus & Targ, LLP law firm in its Miami, Florida office and Arti Sangar is a Senior Associate in the firm's Dubai office. Diaz Reus is a multiethnic and multilingual international law firm offering a full range of innovative and cost-effective transactional and litigation legal solutions for its domestic and international clients. Headquartered in Miami, Florida, the law firm operates full service offices in Dubai, United Arab Emirates, Shanghai, China, Frankfurt, Germany, and Caracas, Venezuela, and affiliate offices in Bogotá, Colombia, Sao Paulo, Brazil and Monte-Carlo, Monaco.
 

 

-Ends-

For more information about Diaz Reus & Targ, LLP, visit www.diazreus.com

 

© Press Release 2009

Article originally published by Press Release 11-Jul-09
 
 
 

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Big Game Asset Hunters

 

It's boom times for the asset-forfeiture experts who reclaim ill-gotten gains from Ponzi schemes and other frauds

 

By Roben Farzad

 

Puerto Plata, Dominican Republic -Here in Puerto Plata, on the northern coast of the Dominican Republic, world-class opulence and wretched poverty are neighbors. Barefoot children mill among the shanties that dot the inland hills, while down on the coast, Americans enjoy Lobster Thermidor and candied papayas at lush resorts. Miami is just 90 minutes away by plane, New York a tad over three hours.

 

The proximity to the U.S. has been convenient for Michael Diaz Jr., a Miami lawyer whose team of investigators has been making frequent trips to this 517-year-old former Spanish slave colony. Diaz is representing U.S. investors who say they were burned in a $170 million Ponzi scheme. The plaintiffs allege that a pair of Canadian real estate developers, Frederick C. Elliott and his son, Derek, used their money to pay back earlier investors in a Puerto Plata resort and to fund shopping sprees and vanity projects. The investors are suing to get their hands on the Elliotts' assets. Meantime, the Securities & Exchange Commission is looking into the Elliotts' dealings, according to people familiar with the matter, though no criminal charges have been filed. The Elliotts declined to comment.

 

The case is one of many recent financial blowups, from Bernard Madoff to Allen Stanford, that are reinvigorating the murky business of "asset forfeiture." Long a staple of the drug wars—and before that, bootlegger-busting in the Prohibition era—asset forfeiture is simply the process of reclaiming the spoils of crime (cash, homes, boats, and the like) from swindlers and parceling the plunder out to their victims.

 

Asset forfeiture is a civil action: Plaintiffs in effect sue for pieces of property, forcing the owners to explain how they paid for them. If the defendants can't come up with satisfactory answers, the judge can order the assets seized. Lawyers often file asset suits before prosecutors file criminal charges—the better to surprise the swindlers. Wayne B. Black, a Drug Enforcement Administration (DEA) task force veteran who now heads a financial investigation and security firm in Miami, calls the business "private law enforcement."

 

These are good times for asset hunters. Reports of Ponzis and other investment scams have tripled in the past year. While no reliable statistics track the size of the industry, Black says his firm has seen demand double so far this year.

The surge in activity has lured scores of former FBI, DEA, and customs agents; defense attorneys; and private investigators to join forces—many using skills honed decades ago during the height of the war on drugs. Diaz is a prototypical asset specialist, having earned his crime-fighting cred on the mean streets of 1980s Miami. "The two worlds aren't all that different," says Michael

R. McDonald, a former IRS agent who 30 years ago spearheaded Operation Greenback, an interagency effort to gum up the financial works of drug kingpins. "As with drug dealers, asset forfeiture is about hitting financial criminals where it hurts—the money."

 

Yet helping crime victims is only a part of the business. Most practitioners also serve another set of clientele: the crooks. Financial scammers, wealthier and more sophisticated than the average criminal, often hire top lawyers to fend off asset grabs. For the shrewdest criminals, "there's a 99.9% chance that the dirty gains won't be confiscated," says Charles A. Intriago, a former federal prosecutor in Miami who took on drug traffickers and money launderers and now heads AssetForfeitureWatch, a consultant to law enforcement. All told, criminals in the U.S. rake in more than $500 billion a year, Intriago estimates. Of that, just

$4 billion or so is forfeited, he says—mostly by drug dealers. Protecting the other $496 billion is big business.

 

Asset hunters and legal mercenaries traded secrets during the first Asset Forfeiture Global Conference in April at the Westin Diplomat Resort in Hollywood, Fla. Bernie Madoff's visage served as the event's unofficial logo, adorning PowerPoint presentations and handouts. Attendees took in sessions with such titles as: "It Don't Mean a Thing if You Don't Take Their Bling: An Introduction to Asset Forfeiture Basics and the Legal Rules of the Game." During one Q&A came this tip: "Seizing cash in a panel of a car is a whole lot easier than seizing a house. Think about the upkeep, the maintenance costs, legal hurdles, selling into this kind of market."

 

Left unsaid was that many of these skills can be—and often are—applied in reverse. The confab, however unintentionally, served as a great opportunity for people to glean advice on helping criminals protect ill-gotten assets. The more tricks the offense learns, the more the defense picks up.

 

In going after the Elliotts, Michael Diaz is calling on decades of experience on both sides of the courtroom aisle. After graduating from the University of Miami School of Law in 1986, the Cuban immigrant took a job as assistant state attorney in Florida. In the mid-1980s, Miami's cocaine-related homicides were so rampant that President Ronald Reagan put Vice-President George H.W. Bush in charge of a local task force. The city's morgue, filled to capacity, had to lease refrigerated trucks from Burger King (BKC) to store dead bodies. Diaz thrived in the gunslinging environment before leaving in 1990 to join a firm specializing in international money-laundering cases. Now he heads Diaz Reus & Targ, which boasts 50 lawyers and consultants who speak eight languages among them.

 

The Elliott case has consumed most of Diaz's time lately. The alleged scam dates back to the 1980s, when the Elliotts set out to acquire waterfront land in Puerto Plata. By 2000 they had relocated their business operations to the island and scooped up several prime parcels. The operator of a nearby hotel, Hacienda Resorts, approached the Elliotts with a proposal to build a resort on their land. In 2001 the Elliotts struck a deal to construct Sun Village Resort & Spa, a 300-room complex offering lush villas, five restaurants, nine bars, and seven pools.

 

Over the next three years the father-son team raised $32 million from at least 1,600 private investors, according to court papers. A 2001 offering brochure projected 60% total returns over three years and reassured investors that "your investment is as secure as the land it's built on, and you will receive your income on the calendar quarter, every 90 days."

But three years later, Sun Village was still under construction—and burning cash. The Elliotts needed more capital.

Luckily for them, real estate was in the midst of a global boom. Investors the world over were hungry for that rare mix of market appreciation and bondlike yields, and the Elliotts came up with a proposition that married the two: They offered the chance to buy seasonal stakes in luxury suites, much like a time-share arrangement, with periods parceled out in one-week increments. But there was a sweetener: Any unused weeks would be turned over to travel agents, who would find renters. The proceeds would then kick back to the investors in preset quarterly payments.

 

The Elliotts snared $64 million from the new plan and continued to add amenities to Sun Village, including a spa and an open-air theater. But the resort, still unfinished, was posting annual cash losses of more than $1 million. The Elliotts, who were paying themselves a management fee, allegedly started using money from new investors to pay off earlier ones. And they kept rolling out projects and fund-raising schemes, first offering stakes in adjacent bungalows co-branded with Maxim magazine (Maxim later sued to pull out), then restoring an abandoned resort on the island's Juan Dolio beach.

By spring 2008, despite having raised $170 million for the three projects, the Elliotts had completed none. They stopped making quarterly payments to investors—and began sounding warnings that investor suits would be fruitless. "We have a complex structure designed to insulate these properties from claims and lawsuits," wrote Derek Elliott in an e-mail to staffers. "These companies are completely judgment proof."

 

It was no empty boast. The Elliotts had structured their company so that some assets could be pursued only in a Delaware court; others in St. Vincent, the Grenadines, or Gibraltar; still others in the Dominican Republic or Turks & Caicos; and most in some combination thereof." There are telltale signs of an offshore financial fraud," says Diaz's partner, Robert I. Targ, a veteran of the U.S.Customs Service.

 

 

 

Diaz knows from complex financing schemes. He has spent thousands of hours defending money managers and other financiers from asset forfeiture. In 2006 he won a case on behalf of an alleged Argentine Ponzi artist who was sued for $1 billion. On Mar. 3, Diaz filed a civil suit in U.S. District Court in Miami, the closest American jurisdiction to the Caribbean. The suit alleges that the Elliotts used their company as a "personal piggy bank," siphoning investor proceeds to personal holding companies and "fraudulently diverting funds" to finance Artisan, a luxury cigar brand, and pay for a private plane, a $520,000 yacht, a film festival, a $300,000 country music tour bus, land holdings, and other items.

 

But proving that a defendant has used investor proceeds to buy particular toys isn't easy. Who's to say the Elliotts didn't lose money alongside everyone else? That they didn't buy personal effects with legitimate savings? That the real culprit for the losses wasn't the global real estate collapse?

 

The Elliotts' legal team, which is co-led by Coral Gables (Fla.) attorney Nelson C. Bellido, a former prosecutor, has been counterpunching vigorously. Bellido has filed two motions to disqualify Diaz, alleging that Diaz was illegally soliciting new clients from the hundreds of investors who have yet to join the suit. (A magistrate is considering the charge.)

Despite the roadblocks, Diaz scored a coup in March when he flipped Greg Clark to his side. Until last summer, Clark, 48, had been the Elliott Group's chief financial officer. Diaz says he laid it out for Clark starkly: "You can either tell your story now or sit and take your chances" in further civil and criminal actions. Over the ensuing 48 hours, Diaz says, he was able to wear the executive down. Clark reasoned that he could protect his own assets better—and gain favorable treatment in criminal proceedings—by detailing the fraud for the plaintiffs. "He looked like he had the weight of the world off his shoulders," says Diaz. Clark declined to comment.

 

Diaz says Clark diagrammed the Elliotts' dealings, showing how earlier investors were paid with proceeds from new ones—and backed up his claims with financial records. "Instead of utilizing the funds raised in the manner in which they represented to purchasers," Clark asserted in his sworn Mar. 20 statement, "the Elliott Group paid themselves large fees and diverted funds to acquire personal assets."

 

In a May 8 deposition, Diaz cited Clark's testimony when asking Frederick Elliott about $17 million diverted from the incomplete Juan Dolio project to an unrelated real estate venture. Frederick cracked. He said he couldn't account for discrepancies between monies raised and monies used.

 

The admission was a turning point in the case. By May 19 judges in both Miami and the Dominican Republic had frozen $36 million of the Elliotts' U.S. assets and certain assets in the Dominican Republic. Nine days later plaintiffs won a freeze order for an additional $68 million in assets, including the Elliotts' 54-foot yacht, the Independence. The Elliotts have signaled they'll challenge the orders. "The plaintiffs' allegations of wrongdoing are entirely false," said Carlos F. Concepción, Bellido's co-lead attorney on the case, in an e-mail to BusinessWeek. "The Elliotts will continue to fight vigorously in the Dominican Republic to protect the interests of its investors against the dissident group that is attempting improperly to seize control of the Elliott properties."

 

Despite his progress so far, Diaz is unabashedly eager to get back to defense work. Sitting inside his sleek Miami office, he leans back in his chair and asks how the recent asset-forfeiture conference went. "Hey, good luck to those guys," he says with a sly smile. "They're good for business."

 

BusinessWeek Senior Writer Farzad covers Wall Street and international finance.

 

 

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United States and Europe Take on China's Export Restraints

In a case with potentially major implications for the global trading system, the United States and Europe have decided to challenge a growing problem of China's use of various export restraints on raw materials vital to core manufacturing industries like steel, aluminum and chemicals.

 

On June 23, 2009, both the US and the EC filed formal requests for consultations with China to address various export restraints that China imposes on various forms of bauxite, coke, fluorspar, magnesium, manganese, silicon carbide, silicon metal, yellow phosphorus and zinc.  While China modified its practices on some items ahead of the filing, both the US and EC remain concerned about China's export restraints because these products are important inputs into various products including steel, aluminum and chemicals.  China is an important global producer of many of the products – producing 15% of the world's bauxite, 56% of the world's fluorspar, 84% of the world's magnesium, 45% of the world's silicon carbide, 58% of the world's silicon metal, 29% of the world's yellow phosphorus. 

 

When China uses a variety of means to reduce exports of these important raw materials, it creates two artificial disadvantages.  First, it increases the cost of the materials to importing countries.  Second, it reduces the cost of these materials to companies within China, which gives Chinese users of these inputs an artificial competitive advantage. 

 

In a new {Trade Flow} posted on the firm's website, Terry Stewart provides more detail about case and explains how it raises a number of important issues in how the multilateral trading system will function moving forward.  In it he argues, “Beggar-thy-neighbor policies in the area of raw materials, if not checked, have potentially devastating consequences for global commerce moving forward, as a race to lock up and restrict resources would be the obvious likely outcome.”

 

Right now it would seem unlikely that China will decide to settle without a multiple year fight.  If consultations do not result in progress, expect a request for formation of a panel from the US and the EC in late August with panel formation likely to occur by early October.

 

            Let us know if Stewart and Stewart can provide additional information on this issue and others affecting companies and workers in the global trade arena. 

 

 

 

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CHINESE AIRLINE WINS $1.7 MILLION JUDGMENT AGAINST FLORIDA FLIGHT TRAINING SCHOOL

 

JACKSONVILLE, FL – Shandong Airlines, a Chinese provincial carrier based in Jinan, China won a $1.7 million judgment in an international contract dispute with a Florida flight training school. On June 26, 2009, U.S. District Judge Timothy J. Corrigan ruled against Capt, LLC and Flight Training Services International (FTSI) in the breach of contract dispute.

 

Shandong Airlines had engaged CAPT, LLC, a school owned by FTSI, to provide flight training to 24 of its Chinese pilot cadets, according to Miami-based Diaz Reus & Targ, LLP attorneys Brant Hadaway and Vince Li, who represented the airline.      

 

Under the contract, CAPT, LLC was to provide a 52-week course at its Northeast Florida facilities in Palm Coast, including housing and a weekly living allowance, in exchange for a $68,000 payment per student from Shandong Airlines. Instead, CAPT, LLC breached that contract, demanded more money from Shandong Airlines, and threatened to terminate the students’ visas, according to Hadaway and Li.

 

Hadaway said Shandong had paid CAPT, LLC more than $1.4 million since the 24 Shandong students were admitted into the United States on April 23, 2008 on M-1 vocational student visas, and had met all terms of the contract.

 

However, on March 27, 2009, CAPT, LLC sent Shandong a letter stating it considered the existing contracts “to be null and void” and said it would withdraw sponsorship of all Shandong student visas unless the airline paid additional money for the training, according to the complaint.

      

Hadaway and Li acted promptly to seek remedies for Shandong by obtaining a temporary restraining order to prevent CAPT, LLC from unilaterally terminating its contract, withdrawing its sponsorship for the Shandong cadets’ M-1 visas, and undertaking any activity that would jeopardize CAPT LLC’s FAA licenses. Judge Corrigan supported that request, and ultimately ruled in favor of Shandong.

 

After entering judgment, Judge Corrigan granted a request for issuance of a writ of garnishment to garnish proceeds of an auction of CAPT’s alleged remaining assets in Florida to prevent any further defrauding of Shandong Airlines.

 

Miami-based Diaz Reus is a full-service international law firm focusing on trade and business transactions, complex commercial, civil, and criminal litigation and arbitration matters. The firm operates full service offices in Shanghai, China, Frankfurt, Germany, Caracas Venezuela and Dubai, United Arab Emirates, as well as affiliate offices in Bogota, Colombia and Sao Paulo, Brazil. For more information, visit www.diazreus.com.

 

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MIAMI-BASED LAW FIRM DIAZ REUS, LLP OPENS CHINA OFFICE IN SHANGHAI

 

SHANGHAI, CHINA – Miami-based international litigation and transaction law firm Diaz Reus & Targ, LLP announces the opening of a full-service office in Shanghai, China, announces Michael Diaz, Jr., managing partner.

 

“For many years, our global law firm has seen a continuing high volume of trade and investment involving China, between the Americas, Europe and the Middle East” said Diaz. “From our Miami, Florida base, we have taken advantage of current legal trends in order to expand our operations and offer our clients innovative, sophisticated, and cost-effective legal solutions.”

 

The office, located in the Kerry Centre at 1515 W. Nanjing Road, Shanghai, China, will be managed by law firm partners Robert Q. Lee and Adam Ehrlich, and associate attorneys Federico Tabja, Xiaomin (Samantha) Hu and Xin (Joe) Zhang. “China's growth rate and expanding middle class are reflective of the country's continuing integration into the global economy,” said Lee. “From our Shanghai office we will help multinational clients achieve their objectives, while providing assistance to Chinese companies that want to grow their business.”

 

The opening of the Shanghai office permits the law firm’s highly qualified and dedicated attorneys, solicitors and consultants from our worldwide offices to assist multinational clients to succeed in their expanding global presence."

 

Miami-based Diaz Reus is a full-service international law firm focusing on trade and business transactions, complex commercial, civil, and criminal litigation and arbitration matters. The firm operates full service offices in Miami, Florida, Shanghai, China, Frankfurt, Germany, Caracas, Venezuela, and Dubai, United Arab Emirates, as well as affiliate offices in Bogota, Colombia, Monte-Carlo, Monaco, and Sao Paulo, Brazil. For more information, visit www.diazreus.com.

 

 

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UAE to house Irena headquarters

Sheikh Abdullah bin Zayed, the Minister of Foreign Affairs, thanked Germany and Austria, previously rivals, for their eventual support of the UAE bid. Hesham Marey for The National

SHARM EL SHEIKH // Abu Dhabi triumphed yesterday in its hard-fought bid to host the headquarters of the International Renewable Energy Agency (Irena).

At a summit of the body’s 136 members, Germany and Austria, the UAE’s rivals to host the headquarters, agreed to withdraw their bids just moments before a vote was due to take place. Bonn and Vienna will instead each house a satellite centre for the agency.

The headquarters, which will be housed in rent-free offices in Masdar City, on the outskirts of Abu Dhabi, will make Irena the first international organisation to be based in a developing country.

After the victory, Sheikh Abdullah bin Zayed, the Minister of Foreign Affairs, pledged the Government’s full support to the agency.

“I would start by thanking Germany and Austria for their support for the UAE today, it certainly shows a lot of interest in our bid,” he said.

“Because of the very fair, frank competition, we had very strong bids from all three countries.”

The Government had aggressively pursued its bid, believing success would raise the country’s global profile. It has also said that the agency would help the development of Masdar, which is planned to be the world’s first carbon-neutral city.

As delegates gathered yesterday for an afternoon vote in this Egyptian resort town, Irena officials announced that the three rivals had reached a compromise.

Austria will host a liaison office to help Irena co-ordinate policy with other international organisations in Europe, while Germany will host an “innovation centre” to help the body’s work in developing countries.

The German government pledged €4 million (Dh21m) to set up the centre, and €2m-€3 million annually to cover its operating costs.

Roy Lee, a professor of environmental law at Yale University in the US, said the win represented an important moment. “That is a very big victory for the UAE and that’s very important particularly for the developing countries,” he said.

“It’s the first time I have observed that developing countries were able to defeat the Western European countries.”

Michael Schrören, a spokesman for the German environment ministry, said his country had first proposed the compromise on Sunday night to avoid a contentious vote.

“Irena doesn’t need friction, it needs common sense and common efforts,” he said.

“We knew that the south/north split would be like a sword over everyone, which we wanted to avoid.”

As the decision was announced, the 55 UAE delegates leapt to their feet with cheers and embraces. The win followed a long diplomatic campaign by senior ministers.

Sheikh Abdullah said that in the past two months he and other ministers had visited 90 countries to garner support. He said that as the vote approached, Austria and Germany had recognised that the UAE bid would have the support of between 92 and 101 member countries.

“The UAE’s hosting of Irena is an indicator and a clear evidence of [our] continuing investment in renewable energy,” he said.

He said that in the past two months he and other government ministers have visited 90 countries for the purpose of garnering support for the UAE’s bid.

“This will boost this network of countries to enhance our relationship with them in other levels.”

Sultan al Jaber, the chief executive of Masdar, said: “This is a historic agreement, we’re very proud.”

He said the decision was made in the few hours before the announcement was made.

“There was pressure by all of the participant countries that there was no need for voting, because it is very clear the UAE deserves it.

“There was a consensus and agreement among them that the UAE is most qualified.”

The next step would be executing the project, he said.

The agency will be housed in temporary buildings in the capital for two and a half years until the Masdar City HQ is completed.

Officials have said it will be the first “energy positive” office building, with rooftop solar panels that produce more electricity than it consumes.

The new director general of Irena was expected to be named late last night.

Source: The National

Date: June 30, 2009

 

 

 

 

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Will Obama's $100 Million Microfinance Growth Fund Be Effective?

 

QAt the Summit of the Americas last month, US President Barack Obama

 

announced a $100 million "Microfinance Growth Fund for the Western Hemisphere," which the White House says will help microfinance institutions "rebuild their capacity to lend during this difficult period." Do you think the program will achieve its stated goal? How quickly will these funds reach microfinance institutions? What more should be done to help the microfinance sector in the midst of the current credit crunch?

 

AGuest Comment: Carlos F. Gonzalez: "President Obama's announcement during

 

the Fifth Summit of the Americas of anew $100 million Microfinance Growth Fund (MGF) marks an important step in the region's long-term potential for development. A leader in the microfinance movement since the 1970s, Latin America is home to some of the most-developed microfinance institutions in the world. Unfortunately, the global economic crisis now threatens these institutions' ability to access much-needed funding sources. Yet, unlike others, Latin America's microfinance institutions have a proven track record of success, and the talent and experience to continue positively impacting theregion so long as there is enough money. For the MGF to be truly effective, it must act now. The fund must be structured without delay. This requires the development of a lending strategy and the placement of a management team. Next, the fund must increase the current level of' market penetration' within the region. Although Latin America boasts some ofthe highest penetration rates in the world, the numbers show significant disparity among individual countries. The International Finance Corporation reports microfinance penetration rates of 3 percentin Brazil and Argentina, while Paraguay, Chile and Peru boast rates of up to 35 percent. Bolivia is the clear leader with a 160 percent penetration rate, meaning microfinance borrowers may simultaneously draw upon multiple sources of financing in the country's saturated market. To increase market penetration, the MGF must promote, as part of its lending strategy, the expansion of lending services in rural areas. By setting up small outlets in easily accessible locations like pharmacies, microfinance institutions can pursue the same strategies used by banks to expand traditional services to otherwise neglected populations. These strategies together will advance the important goals of microfinance institutions."

 

AGuest Comment: Rob Scarlett: "The micro-lending movementoriginated in Recife,

 

Brazil, inthe early 1970s, so it is entirely appropriate that this microfinance initiative be dedicated to support the economically active poor in the WesternHemisphere. The amount of capital available for on-lending to these tiny businesses has grown steadily, but in the wake of the global financial crisis, the rate of investment has been declining. In hard economic times, microfinance institutions with a social mission (servingthe poorest of the economicallyactive poor in the Americas) have fared better than upper-tier financial institutionsin the same countries. Funds invested in these financially sustainable MFIs will be able to pay a reasonable rate of return while also reducing economic hardship in the poorest areas of the Americas. During hard times, these informal microenterprises serve as a "safety valve." As more people slip into poverty, they engage in supplemental economic activity in order to survive. In these times, it is reasonable to expect greater demand for microloans. It is important that the Microfinance Growth Fund be invested in social-mission-driven, financially sustainable, microfinance institutions (MFIs). This focus will ensure the greatest possible impact onpoverty in the region. If the Obama administration also encourages increased research on the social impact of microfinance and the universal adoption of standards and procedures forprotecting the interests of MFI clients, then the longer-term beneficial impact of this Microfinance Growth Fund will be that much greater."

 

ABoard Comment: Franco Moccia: "President Obama'sannounced proposal to

 

create a $100 million fund to rebuild microfinance capacity in the WesternHemisphere is a good idea, however its impact will be very limited due to its size. A $100 million fund for the Western Hemisphere will not generate the proposedgoal. This amount will have an impact only if it is dedicated to one or two medium-sized countries in the region. The main problem that the microfinance institutions are facing today as a consequence of the credit crunch is the lack of interest of foreign lenders to continue providing financing due to country, foreign exchange and liquidity risks. The US government can help to mitigate the problem in a more effective way directly or via the regional multilateral institutions offering contingent facilities or partial guarantees. They would cover cross border, foreign exchange or liquidity risk. The funding would be provided by the private sector but the US government or the multilateral institution would take the mentioned risk totally or partially. This contingent risk-taking system would generate more impact than lending directly as the funding will come from the traditional sources. Alignment of incentives can be reached avoiding full coverage with a partial guarantee model."

 

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

Rob Scarlett is an advisor to the Microfinance Alliance in Minneapolis.

Franco Moccia is a member of the Financial Services Advisor board and an independent advisor based in Miami.

 

 

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山东航空在一起国际合同纠纷中赢得关键胜利

        民航资源网2009年5月12日消息:美国地方法院法官蒂莫里根(Timothy J. Corrigan)针对一家佛罗里达州的飞行训练学校 (CAPT航校) 授予了临时禁令,使一家中国航空公司在此国际合同纠纷中赢得了关键的胜利。

  山东航空股份有限公司(Shandong Airlines Co., Ltd.,简称“山东航空”),总部设在济南的中国省级运营商,聘请了国际飞行训练服务(FTSI)旗下的商业航空飞行员训练(CAPT航校)有限责任公司,为其24名飞行员学员提供飞行训练。根据合同,针对每名学生68,000美金的学费,CAPT航校应在佛罗里达州的棕榈海滩提供一个52周的课程,住房和每周一次的生活津贴。

  但是根据山东航空的律师——达瑞律师事务所 (Diaz Reus Targ LLP) 的Brant Hadaway 和李威指出,CPAT航校不仅违反了该合同,要求山东航空增加培训费用,并威胁终止学生的M-1(职业学生)签证。Hadaway 指出,自从24名学生持M-1签证于2008年4月23日进入美国后,山东航空向CAPT航校已支付的费用超过140万美元,并履行了所有的合同条款。

  然而,根据起诉状,CAPT航校于3月27日给山东航空发出的信函中指出它认为目前的合同“是无效的” ,并表示将不再支持所有的职业学生签证,除非山东航空为培训支付额外的费用。

  “山东航空还认为,CAPT航校正试图出售其训练设备,这意味着CAPT航校将不能为M-1签证提供职业学生身份。”Hadaway指出。

  山东航空的辩护律师成功地从法院取得了临时禁令,以防止CAPT航校从单方面终止合同,撤消赞助和出售,转让或以其他方式处置其训练设备,包括4架飞机和3个飞行模拟器。

  在批准山东航空的诉讼请求时,里根法官指出:“法院认为,山东航空已在其起诉状中涉及违反合同的问题方面显示出胜诉的可能性。”他定于4月16日在美国杰克森维尔的地方法院举行听证会,决定是否对飞行学校实行永久禁令。

 

 

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Are US-Venezuelan Relations On a New Track After Trinidad?

 

QDuring last weekend's Summit of the Americas in Trinidad and Tobago, US

 

President Barack Obama sought out Venezuelan President Hugo Chavez to shake hands, drawing the ire of conservatives in the US, including former House Speaker Newt Gingrich, who said Obama's actions showed "weakness." Are US-Venezuelan relations on a new track after the summit and after Chavez's announcement that Venezuela will send a new ambassador to Washington? What might prevent improved relations between the two countries?

 

AGuest Comment: Adrian Cruz: "Last weekend's Summit of theAmericas

 

performance byPresident Obama was most disappointing,albeit predictable. Mr. Obamahas been in an apologetic tour that startedin Europe last month and ended withphoto ops with Hugo Chavez in LatinAmerica. The President of the UnitedStates should be seen palling around withour supporters, the likes of Uribe of Colombia and Calderon of Mexico, andnot with Chavez and Ortega while makingovertures to Raul Castro. It can onlydemoralize the often times persecutedsympathizers of democratic government inopposition to Chavez, Castro and Ortega.Latin America needs a strong, proud,benevolent America, willing and ready tostand for the democratic principles as statedby its founding fathers, not a pathetic, weak, apologetic and slumbering papertiger."

 

AGuest Comment: Jennifer McCoy: "Allegations of weaknessby Barack Obama for

 

greetingcivilly an elected head of state at agathering of hemispheric leaders is absurd.Obama's message to the Latin andCaribbean leaders was that the US ought toacknowledge past mistakes and the legacyof past interventionism, but that othercountries should also recognize their own responsibility for their state of affairs, andall of us should be looking to the future todetermine how to work together to solveour common problems and enhance ourgeneral welfare. I was at the summit and Iwitnessed the overwhelmingly positivereception of the hemisphere to the newUS administration, and an almost visiblesign of relief at the changes inWashington. Even Chavez recognized thischange and wants to be a part of it. Thatdoes not mean that the US will suddenlyfind that all contentiousness has disappeared,particularly with the countrieswho have expressed the deepest grievanceswith US policy or with whom theUS has the most serious discrepancies.Venezuela's foreign policy, in particular,is predicated on challenging US dominancein the region and the world. But ifVenezuela is willing to restore diplomaticcommunications by exchanging ambassadorsagain, the US should certainly takeadvantage of that signal to see on whatissues, and how far, a more cooperativeeffort can be constructed to deal withserious issues like ensuring the oil flowwhile curtailing the drug flow. At thesame time, it provides channels for theUS to express its concerns about democraticerosions like the incursions on theauthority of elected governors and mayors."

 

AGuest Comment: Gregory Wilpert: "It seems that US Venezuelarelations are going

 

toimprove as a result of the recentencounter between Presidents Obamaand Chavez. Contrary to the impressionmany in the US have of Chavez, he is veryinterested in having positive relationswith the US because he is genuinely concernedabout US intervention inVenezuelan politics and hopes that agood relationship will forestall suchintervention. What would derail thispotential improvement of relations,though, are not so much actions byVenezuela, which is unlikely to do muchthat would affect US interests, but USactions, such as the continued funding ofopposition organizations via the NEDand USAID, or the maintenance of sanctionsdue to Venezuela's supposed lack ofcooperation in the war against drugs andterrorism. Also, considering the divergentstatements Obama made about hisencounter with Chavez and those madeby his advisor Dan Restrepo, it seems thatthe Obama administration still is of twominds about whether it actually wantsbetter relations with Chavez. There is reasonto believe that the Obama administrationmight still try to keep Chavez atarms length mainly so that its détentewith Cuba does not look too 'dovish.' "

 

Adrian Cruz is a member of the Advisory Board of Cross Keys Capital.

Jennifer McCoy is director of the Americas Program at the Carter Center and professor of political science at Georgia State University.

Gregory Wilpert is adjunct professor of political science at Brooklyn College.

 

 

 

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"中阿合作论坛"在杭开幕

http://www.cityhz.com 2009-04-21 10:23
 

  今天上午,“中阿合作论坛“正式在杭州拉开帷幕。达瑞律师事务所等近600家中方企业和19个阿拉伯国家的300余家企业代表专程来杭参加论坛研讨会,这不仅有利于提升杭州的国际化水平和杭州在阿拉伯地区的知名度和影响力,也必将进一步推动我市与阿拉伯国家的经贸和投资领域合作。

 

   本届大会以“迎接挑战,共利互赢”为主题,中阿与会人员将围绕中阿相互投资的现状与前景、金融危机下的中阿双边贸易、中阿金融合作展望以及时下人们普遍关注的中阿中小企业合作等话题,通过单向演讲和双向互动的方式,开展广泛研讨。此外,中阿企业家将分机械电子、工程承包与建筑、金融与投资、农业医药与食品、能矿与化工、轻工与纺织等多个行业展开对接。会后,部分参会国际嘉宾还将应邀参加“生活品质之城国际体验日”活动,充分领略杭州这座生活品质之城的魅力。

 

   据了解,本次“中阿合作论坛“是由中国贸促会和杭州市政府主办,杭州市贸促会承办,也是“中阿论坛”首次转移地方城市举行。

 

文章出处:杭州日报(责任编辑:王帆
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Deals Help China Expand Sway in Latin America

Published: April 15, 2009
 

CARACAS, Venezuela — As Washington tries to rebuild its strained relationships in Latin America, China is stepping in vigorously, offering countries across the region large amounts of money while they struggle with sharply slowing economies, a plunge in commodity prices and restricted access to credit.

In recent weeks, China has been negotiating deals to double a development fund in Venezuela to $12 billion, lend Ecuador at least $1 billion to build a hydroelectric plant, provide Argentina with access to more than $10 billion in Chinese currency and lend Brazil’s national oil company $10 billion. The deals largely focus on China locking in natural resources like oil for years to come.

China’s trade with Latin America has grown quickly this decade, making it the region’s second largest trading partner after the United States. But the size and scope of these loans point to a deeper engagement with Latin America at a time when the Obama administration is starting to address the erosion of Washington’s influence in the hemisphere.

“This is how the balance of power shifts quietly during times of crisis,” said David Rothkopf, a former Commerce Department official in the Clinton administration. “The loans are an example of the checkbook power in the world moving to new places, with the Chinese becoming more active.”

Mr. Obama will meet with leaders from the region this weekend. They will discuss the economic crisis, including a plan to replenish the Inter-American Development Bank, a Washington-based pillar of clout that has suffered losses from the financial crisis. Leaders at the summit meeting are also expected to push Mr. Obama to further loosen the United States policy toward Cuba.

Meanwhile, China is rapidly increasing its lending in Latin America as it pursues not only long-term access to commodities like soybeans and iron ore, but also an alternative to investing in United States Treasury notes.

One of China’s new deals in Latin America, the $10 billion arrangement with Argentina, would allow Argentina reliable access to Chinese currency to help pay for imports from China. It may also help lead the way to China’s currency to eventually be used as an alternate reserve currency. The deal follows similar ones China has struck with countries like South Korea, Indonesia and Belarus.

As the financial crisis began to whipsaw international markets last year, the Federal Reserve made its own currency arrangements with central banks around the world, allocating $30 billion each to Brazil and Mexico. (Brazil has opted not to tap it for now.) But smaller economies in the region, including Argentina, which has been trying to dispel doubts about its ability to meet its international debt payments, were left out of those agreements.

Details of the Chinese deal with Argentina are still being ironed out, but an official at Argentina’s central bank said it would allow Argentina to avoid using scarce dollars for all its international transactions. The takeover of billions of dollars in private pension funds, among other moves, led Argentines to pull the equivalent of nearly $23 billion, much of it in dollars, out of the country last year.

Dante Sica, the lead economist at Abeceb, a consulting firm in Buenos Aires, said the Chinese overtures in the region were made possible by the “lack of attention that the United States showed to Latin America during the entire Bush administration.”

China is also seizing opportunities in Latin America when traditional lenders over which the United States holds some sway, like the Inter-American Development Bank, are pushing up against their limits.

Just one of China’s planned loans, the $10 billion for Brazil’s national oil company, is almost as much as the $11.2 billion in all approved financing by the Inter-American Bank in 2008. Brazil is expected to use the loan for offshore exploration, while agreeing to export as much as 100,000 barrels of oil a day to China, according to the oil company.

The Inter-American bank, in which the United States has de facto veto power in some matters, is trying to triple its capital and increase lending to $18 billion this year. But the replenishment involves delicate negotiations among member nations, made all the more difficult after the bank lost almost $1 billion last year.

China will also have a role in these talks, having become a member of the bank this year.

China has also pushed into Latin American countries where the United States has negligible influence, like Venezuela.

In February, China’s vice president, Xi Jinping, traveled to Caracas to meet with President Hugo Chávez. The two men announced that a Chinese-backed development fund based here would grow to $12 billion from $6 billion, giving Venezuela access to hard currency while agreeing to increase oil shipments to China to one million barrels a day from a level of about 380,000 barrels.

Mr. Chávez’s government contends the Chinese aid differs from other multilateral loans because it comes without strings attached, like scrutiny of internal finances. But the Chinese fund has generated criticism among his opponents, who view it as an affront to Venezuela’s sovereignty.

“The fund is a swindle to the nation,” said Luis Díaz, a lawmaker who claims that China locked in low prices for the oil Venezuela is using as repayment.

Despite forging ties to Venezuela and extending loans to other nations that have chafed at Washington’s clout, Beijing has bolstered its presence without bombast, perhaps out of an awareness that its relationship with the United States is still of paramount importance. But this deference may not last.

“This is China playing the long game,” said Gregory Chin, a political scientist at York University in Toronto. “If this ultimately translates into political influence, then that is how the game is played.”

Simon Romero reported from Caracas, and Alexei Barrionuevo from Rio de Janeiro.

 

 

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Arab -South America countries summit / press conference

2009-03-31     




Doha, March 31 (QNA) - H.E. the Minister of State for Foreign Affairs Ahmed bin Abdullah al Mahmoud said that the Doha Declaration issued by the 2nd Arab- South America countries Summit covered a number of elements pertaining to political coordination and economic, social and cultural cooperation between the Arab countries and south America''s countries. H.E. the Minister of State for Foreign Affairs noted that a number of political issues of interest to both sides including the Arab-Israeli conflicts and other issues were also taken up.

Speaking at joint press conference with Chile President and Chairperson of the South America''s countries'' Union and Arab League Secretary General Amr Moussa, H.E. al Mahmoud said the declaration also highlighted the existing cultural relations between the two sides and joint cooperation in this domain including the establishment of the Arabic - South America Library and Studies Institute in Rabat aimed at enhancing the cultural relations.

On the economic side, H.E. the Minister of State for Foreign Affairs underlined that the declaration covered a number of economic matters saying that the economic cooperation between the two sides witnessed remarkable progress since the first Summit which was held in Brazil in 2005. H.E. the Minister of State for Foreign Affairs said the volume of the trade exchange between Brazil and the Arab countries reached $21bn at the end of 2008 compared to $ 8,8bn in 2005 in addition to other countries such as Argentina where the volume of trade exchange with it reached around $5 million.

H.E. the Minister of State for Foreign Affairs said the declaration touched on dialogue among civilizations, social, educational and information technology sides. The Doha declaration also covered mechanisms of activation of the relations between the two groups through holding a summit every three years and a ministerial meeting at the level of Foreign Ministers every two years and at experts level every six months and other meetings on the sidelines of the Conference, H.E. Minister said . H.E. the Minister said the the preparatory meeting held two days ago between the businessmen from the Arab countries and their counterparts from South America countries embodied the relations between the two sides. H.E. the Minister of State for Foreign Affairs also pointed out to the joint declation signed by the GCC states and the Mercosur group which include Brazil, Argentina, Uruguay and Paraguay aimed at signing an agreement of free trade between the two groups. (QNA) AK
 

 

 

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How Will Energy Partnerships With China Affect the Region?

 

QChinese Vice President Xi Jinping last month visited Venezuela and Brazil,

 

two countries hoping to boost their oil exports to China in the next few years. How will these energy partnerships develop? Will greater Chinese engagement significantly change these countries' energy sectors?

 

 

AGuest Comment: Jiang Shixue: "To a certain extent, the Chineseeconomy is

 

energy-intensive. Onthe one hand, China's own energyresource is not enough for its rapid economicgrowth. So China hopes to importenergy from foreign countries, includingVenezuela and Brazil. On the other hand,many countries in Latin America have theirown relative advantage, i.e. huge reserves ofenergy. In the age of globalization, South-South cooperation has acquired bothnecessity and momentum of development.China's relation with Latin America is partof South-South cooperation, and this bilateralrelationship is mutually beneficial.Both Venezuela and Brazil, and many otherLatin American countries, need foreigncapital and technology to develop theirenergy sectors. Therefore, there is a goldenopportunity for China to make moreinvestment in the region's energy sectors.As a matter of fact, Latin America's energysectors are open to every country in theworld, and China is only one of the partners.Regarding oil exports to China, wehave to consider geographical distance. While an oil tanker can reach the UnitedStates coast in a week or so, it will take onemonth to travel across the Pacific. As aresult, economically speaking, it might behard to increase the amount of oil exportsto China from Venezuela and Brazil. Moreover, we have to understand thatChina does not have enough refinerycapacity for Venezuela's heavy oil. Oil companiesfrom the United States and otherWestern countries have been operating inLatin America's energy sector for decades,and China is only a newcomer. So I don'tthink China's presence will soon changethese countries' energy sectors, and theUS dominance in Latin America's energysector will not be challenged."

 

AGuest Comment: Nelson Altamirano: "The energy partnershipsbetween China

 

andthe two South American countriescannot be seen independently fromthe Chinese partnership with SaudiArabia and African oil partners. SaudiArabia is the main Chinese energy partnerand will remain so because it can satisfyboth China and the United Stateswith no conflict at all. Can Venezuela bethe second partner? This partnershipdepends on developing new oil resourcesin the Faja and refineries in China. Theseprojects may need the influx of a thirdprivate partner with technological andfinancial weight. It is not realistic tothink that China National Petroleum Company (CNPC) and PDVSA alonewill carry the costs of their ambitiousprojects. At least, this is not the wayCNPC and Saudi Aramco already managedto bring in 1 million bpd intoChina. In addition, the partnershipbetween China and Venezuela dependson how fast the Chinese convince theChavez administration that the exporttarget of 1 million bpd by 2012 does notsubstitute the exports to the UnitedStates. There must be a supply and demand balance for the world's largesteconomies. Given the current world economicconditions, low oil prices and bigsocial spending projects in Venezuela, Isee the greater involvement of China inthe Venezuelan energy sector as a positiveelement that may bring balance and pragmatismto the Venezuelan energy policy.If played right, the Chinese may be thestone needed to re launch the developmentof the Faja."

 

AGuest Comment: R. Evan Ellis: "The recently completed five nationtrip to Latin

 

America byChinese Vice-President XiJinping highlights the diverse basket ofinvestments that the People's Republic ofChina (PRC) is making in Latin Americain support of its global search for energysecurity, as well as the impact of thosebets on Latin America itself. Venezuela isthe high-risk, highest-payoff componentof China's Latin America energy portfolio.The national oil company PDVSA'splans to increase exports to the PRC from364,000 barrels per day currently to 1million barrels per day by 2012. Xi alsosigned an agreement doubling China'sloan to Venezuela's Heavy InvestmentFund from $4 billion to $8 billion, to berepaid by future oil deliveries—althoughfew of the 41 projects currently in thefund contribute to the infrastructureneeded to produce that oil. The agreement signed by Xi in Brazil similarlyexpands the PRC's claim on the newlydiscovered oil in the deep water of theSantos and Campos basins. By contrast tothe Venezuelan agreements, however, the $10 billion line of credit provided to Petrobras actually contributes to its ability to deliver the 160,000 barrels of oil per day which it committed to deliver China, and the track record of Petrobras inspires confidence in its ability to deliver on the assured future supply that China hopes to buy through this investment."

 

Jiang Shixue is vice president of theChinese Association of Latin AmericanStudies in Beijing.

 

Nelson Altamirano is assistant professor of economics at the School of Business and Management at National University.

 

R. Evan Ellis is an associate at Booz Allen Hamilton.

 

Source: Latin America Advisor, March 23, 2009

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Study charts multinationals' impact in South Florida - More than 1,100 multinational companies have offices in South Florida, according to a new survey

The number of multinational companies in South Florida has fallen slightly, but the money they oversee has grown in the past year, according to a new survey.

 

It found that at least 1,146 multinational firms have operations in Broward, Miami-Dade and Palm Beach counties, down from 1,183 last year. Those companies oversee $221 billion in annual sales, up from $203 billion a year ago.

 

The study, which will be unveiled at a private meeting Thursday night at the Hotel Sofitel Miami, was commissioned by the Beacon Council, Miami-Dade's economic development agency, and other business groups. It was conducted by WorldCity, a local company that publishes a magazine and websites about international trade in South Florida.

 

''For a relatively small city, Miami has a big impact on the global economy,'' said Ken Roberts, president of WorldCity. ``You have more than 1,000 multinationals from some of the world's leading brands making decisions here.''

 

The presence of these companies is good for the local economy, said Aurelia Vasquez, spokeswoman for the Beacon Council. ''They are a crucial component of our diversified economy,'' she said. ``These are the people that frequent the restaurants, that frequent the dry cleaners, that shop at Publix.''

 

The list includes any company that has an office in South Florida and at least one foreign country. The dollar figures represent the amount of sales overseen by local offices. Roberts said the numbers in the list represent minimums because it's impossible to detect every company that might belong on the list, and because some firms don't publish sales figures.

 

''When you open up as a multinational business, you don't have to check in at the door,'' he said.

 

In addition to well-known corporate headquarters such as Burger King, Office Depot and Carnival, the list includes important regional bases, such as General Motors' headquarters for Latin America, Africa and the Middle East. That office, in Miramar, oversees $18.9 billion in sales.

 

Three-quarters of the companies are in Miami-Dade, 20 percent in Broward and 5 percent in Palm Beach County.

 

More than half the companies on the list are based in the United States. The United Kingdom was the second-most-common base, with 55 firms, followed by Spain with 52 and France with 45. The only Latin American country in the top 10 was Brazil, which had 17 companies and tied the Netherlands for 10th place.

 

Other sponsors of the study were the University of Miami business school, Blue Cross/Blue Shield of Florida, the Diaz Reus law firm, the Broward Alliance and the Business Development Board of Palm Beach County.

 

By Scott Andron

Source: The Miami Herald, Feb. 26, 2009

 

 

 

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Expert: China, Latin America should join hands to counter economic downturn

BEIJING, March 2 (Xinhua) -- China and Latin American countries should make concerted efforts to weather the financial crisis, Cheng Siwei, chairman of the China-Latin America Friendship Association, said Tuesday.

 

He made the comment at an academic forum, stressing further cooperation as the financial crisis poses challenges for both China and Latin America.

 

As developing countries, China and Latin American nations should focus on building confidence, maintaining economic growth, boosting employment and enhancing social cohesion, he said.

 

He said there is huge potential for cooperation and they should forge links to a new higher level.

 

Wang Weiguang, executive vice president of the Chinese Academy of Social Sciences (CASS), said further cooperation would help maintain stability and sustain the world economy.

 

China has become the third largest trade partner of Latin America and the largest in Asia, according to a yellow book issued by CASS on Tuesday.

 

China's trade with Latin America reached about 143.4 billion U.S. dollars last year, up 39.7 percent year on year, according to the General Administration of Customs.

 

The report said Latin American countries are expecting more cooperation with China and suggested Chinese companies should adopt a long term strategy to expand investment in Latin America.

 

Source: www.chinaview.cn, March 2, 2009

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Chinese Visit - VP Visits Mexico, Colombia, Venezuela and Brazil

Caracas (AFP) Feb 16, 2009

Chinese Vice President Xi Jinping will begin Tuesday a two-day official visit in Caracas, as part of his ongoing tour of Latin America to strengthen relations with the region.

Xi is expected to sign several agreements with Venezuela, including "joint ventures with Petroleos de Venezuela (PDVSA) for the exploration, exploitation, processing, refining and transportation of crude oil," the Venezuelan foreign ministry said in a statement.

"Today, we have a long-term strategic alliance for the next 100 years for the joint production of oil," said Foreign Minister Nicolas Maduro.

China is expected to inject four billion dollars into a Chinese-Venezuelan investment fund created in 2007 with initial capital of six billion dollars.

"This fund will provide Venezuela with sources of financing for development projects and to maintain economic growth for the next two or three years, amid the global crisis," Maduro said.

The Chinese official's arrival in Venezuela will coincide with the 35th anniversary of the establishment of diplomatic relations between Caracas and Beijing.

Historically cordial, these relations have strengthened since 2001, after both nations "established a strategic partnership for joint development," said Zhang Tuo, China's Ambassador to Caracas.

This rapprochement has helped increase bilateral trade, which peaked at nearly 10 billion dollars in 2008, according to Zhang.

Last year, Venezuela launched its first geostationary satellite thanks to cooperation with China.

The Asian giant currently imports about 364,000 barrels of crude oil per day from OPEC member Venezuela, a figure expected to rise to 500,000 barrels in late 2009.

The two countries have also expanded their military ties. Caracas recently purchased a fleet of 18 K-8 reconnaissance and training aircraft from Beijing.

Xi's agenda in Venezuela includes several ceremonies and meetings with leading politicians and businessmen.

Venezuela is Xi's second stop in Latin America after first visiting Mexico and Colombia, where on Monday he signed seven cooperation agreements to boost bilateral trade.

After Venezuela, Xi will visit Brazil.

Source: Daily Latin Business News

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China's Latest Geopolitical Assault on Latin American Commodities and Bilateral Trade

- Chinese vice-president and vice-premier for agriculture on the road, visiting nine Latin American states, including regional powers Brazil and Mexico
- China tops the list of emerging Latin American trading partners, with exports rising tenfold in last decade
- In Washington, Obama administration yet to react to new Latin American realities, but must learn to adapt and accommodate

Two key figures in Chinese politics embarked on a tour of Latin American countries on February 9, in a sign that the Asian superpower is intent on consolidating its already substantial stake in the region. Vice President Xi Jinping – second in command to President Hu Jintao, who himself visited Costa Rica, Cuba and Peru last November – has traveled to the region for a two week-long tour, accompanied by Vice Premier for agriculture, Hui Liangyu. Between them, they will visit nine Latin American states, including the regional powerhouses of Brazil and Mexico, left-leaning Venezuela and Ecuador, as well as Colombia, a staunch ally of the United States.

With Barack Obama’s administration in Washington thus far focusing its attention on the influence of Iran and Russia in the hemisphere, it is hard to gauge the potential U.S. reaction to China’s increasing exercise of soft power. However, given the relative indifference with which the new White House has tackled China on other fronts – notably over the issue of its alleged currency undervaluing – further evidence that the Hu regime means serious business in Latin America is unlikely to pass without some form of diplomatic or trade riposte from the White House. With Hillary Clinton visiting Beijing in the coming days, the outcome may be seen sooner rather than later.

A Diversification of Partners
The eight-year presidency of George W. Bush marked a period during which Latin American countries increasingly turned to non-traditional players in forming their trade and political relations. The region has enjoyed an economic boom over the past decade, and while the U.S. continues to represent its largest trading partner, Washington with its major distractions in the Middle East, failed to make the most of the area’s recent prosperity, and consequently its dominance has slipped. World Trade Organization (WTO) statistics show that in 2000, the U.S. was the destination for 59.8 percent of Latin America’s exports, but by 2007 this figure had fallen to 46.2 percent.

Some of the gap left by the U.S. was filled by an increase in intra-regional trade. This had risen by 2.9 percent since 2000, to represent 19.6 percent of Latin American trade in 2007. No doubt this was in part a result of the various multilateral trade bodies which had sprung up (particularly in South America) during the Bush years. However, the large part of the squeeze on Washington’s hegemony came from non-hemispheric actors. The European Union has spread its already substantial development arms throughout the region, in particular through its relationship with the South American trade body Mercosur. It continues to consolidate its position in the region, opening negotiations on February 9 this year with the Andean Community states of Colombia, Peru and Ecuador over a potential trade agreement. EU statistics indicate that the value of its imports from Latin America rose by 42.6 percent between 2003 and 2007, with an average annual increase of 14.9 percent. The EU is now the destination for 14.4 percent of Latin America’s total exports, up from 11.5 percent in 2000, and the area provides 33.1 percent of the EU’s total agricultural imports.

Political Posturing?
Russian President Dimitri Medvedev visited various Latin American countries in November 2008, including Brazil and Venezuela, and sent several naval vessels to participate in maneuvers with its Venezuelan counterpart shortly afterwards. Again, trade with Latin America is the overriding concern in Moscow, with Foreign Minister Sergéi Lavrov stating that Russia aims to boost its hi-tech exports and cooperation with Latin America in the fields of energy, production and transportation of gas and oil. However, Russian relations with the region also feature an interesting political dimension with the re-emergence of a level of neo-Cold War-style hostility between the U.S. and Russia. The latter’s presence in Latin America represents for some a response to what are seen in Moscow as threats to its security interests in Eastern Europe, but, at the same time, the hunt for vital commodities is also very much in play.

Bolivian President Evo Morales embarked on a visit on February 15 to Russia and France, lending further evidence that the EU and Russia continue to hope to further their interests in the region. Morales is set “to sign a $3 billion deal” with the state-owned Russian energy company Gazprom which will allow it to play a role in exploring Bolivia’s gas reserves. He will also discuss EU-Andean trade with French President Nicolas Sarkozy, Bolivia being the only member of the Andean Community not to have signed up to the EU’s recent FTA initiative.

Iran’s Mahmoud Ahmedinejad has forged strong links with the Chávez administration in Venezuela both unilaterally and through the reinvigorated Organization of Petroleum Exporting Countries (OPEC). Chávez has signed scores of accords with Ahmedinejad during a number of official visits and meetings, and Iranian financing has facilitated some minor industrial projects in the country. Bilateral trade between the two counties increased from $1.1 million in 2004 to $50.7 million in 2006.

As for the rest of the region, Iran has promised $1 billion of investment for infrastructure and aid projects in Nicaragua – although this scenario, as of yet, largely has failed to materialize – and Tehran has also forged political relationships with Chávez’s allies in Ecuador and Bolivia. Summing up the influence of Iran in Latin America, a Woodrow Wilson Center assessment in July 2008 reached the conclusion that “A large gap … separates the signing and actual implementation of cooperation agreements,” with Tehran’s various trade partners, including Venezuela. Iran differs from other outside regional factors, in that its presence in the region tends to be largely symbolic; much a case of diplomatic posturing in the United States’ backyard.

The Rise of China in the Western Hemisphere
China contributes significantly to this list of outside influences in Latin America. China’s trade with the region has risen tenfold over the past decade, with exports destined for the Asian superpower rising in value from $3.8 billion in 2000 to $36.1 billion in 2007. China is now the recipient of 4.7 percent of Latin America’s exports, up from a meager 1.1 percent at the start of the decade. At the November 2004 APEC summit in Chile, President Hu set a target for total bilateral trade between China and Latin America to reach $100 billion by 2010, at the time a faraway milestone which nevertheless was reached in half the time; Chinese figures indicated that total trade had reached $102.57 billion in 2007.

Helping boost these statistics have been the bilateral free trade agreements (FTAs), which China has begun negotiating with various Latin American countries, mirroring the path which Washington also recently has chosen to walk in its own regional trade relations. China became Chile’s primary trading partner (principally involving copper) after the two countries signed an FTA in November 2005, with 40 percent of the South American country’s exports heading for Asia in 2007. Peru successfully negotiated an FTA of its own with China in November 2008, and Costa Rica appears set to follow suit, with bilateral negotiations having begun on January 19 of this year.

Not only has its trade with the region risen inexorably, but China is also spending considerable sums on development in Latin America. The Peruvian Times reported on February 9 that the Chinese state mining company Shougang is to invest $1 billion in its operations in the country, the latest in a series of largely energy-related projects. The Chinese state entity Andes Petroleum has operated in Ecuador since 2005, and oil operations in Venezuela are also expanding, with the two state-owned oil companies PDVSA and CNPC announcing in May 2008 the launch of Sinovensa, a joint enterprise to exploit reserves in the Orinoco river valley. In January of this year, China joined the Inter-American Development Bank, contributing $350 million, ostensibly “paving the way for Chinese companies to take part in infrastructure projects” in Latin America.

However, while China officially invests $20 billion in FDI in the region annually, a recent BBC report claimed that “critics say much of this goes into offshore tax havens.” Indeed, an April 2008 submission to the U.S. Senate Committee on Foreign Relations by the Congressional Research Service indicated that “In 2005, almost 96 percent of Chinese FDI in Latin America and the Caribbean went to … the Cayman Islands, the British Virgin Islands, and Bermuda,” all of which are well known as tax havens. The CRS further noted that FDI flows from these islands back to China are also significant, indicating that the vast majority of China’s so-called FDI in Latin America is likely “round-tripping,” being exported and then re-imported by investors keen to take advantage of benefits afforded to foreign investment by the Chinese government. Nevertheless, China’s evident desire to increase trade with Latin America does suggest that it will have to begin investing more tangibly in the region – particularly in infrastructure projects – if it is to enhance its position much further.

How Sustainable is China’s Position?
The BBC has further argued that the current visit by Vice President Xi Jinping to Latin America “is not simply a trip to groom a president-in-waiting or to strike more deals for natural resources, as is often the case with Africa.” Instead, China sees the region as an alternative trading partner to traditional markets in Europe and North America, which have been dangerously impacted by the current recession. While growth in Latin America has dropped off over the past twelve months, some of its economies are still, in relative terms, in healthy shape, ironically in part because of the minor presence of the banking sector. It is this potential for trade that attracts China above all else.

Nevertheless, a warning was recently issued last week by the financial firm Morgan Stanley. According to a February 9 Bloomberg report, analysts have warned that “Asia’s shrinking demand for raw materials amid a ‘collapse’ in its own exports will show up in Latin America in February and March,” and the region’s “economic slump will deepen.” Opinions, however, differ on China’s susceptibility to the global economic downturn. The international analysis firm Stratfor has argued that: “With plentiful cash reserves, Beijing and its state-owned companies can try to secure access to strategic commodities now, while global competitors are hamstrung by credit crunches and retrenching.” The outcome remains uncertain.

Obama’s Approach Towards China: Confront or Accommodate?
The new administration in Washington has, to date, barely recognized the presence of China in the Western Hemisphere. The rhetoric emanating from Obama’s cabinet has focused almost exclusively on Iran and Russia as external players, and Venezuela, Bolivia, Brazil and Mexico as matters of regional concern. Defense Secretary Robert Gates – a relic of the Bush administration – has spoken out against Iran’s “frankly subversive activity” in Latin America, and stated “I’m more concerned about Iranian meddling in the region than I am the Russians,” but the administration otherwise has remained somewhat quiet on China.

The new administration has, however, shown its hand when it comes to dealing with Beijing on other fronts. Comments made by Treasury Secretary, Timothy Geithner that China is “manipulating” its currency in order to keep it undervalued against the dollar and boost exports, provoked a robust response from the Chinese government. At the World Economic Forum in Davos, Switzerland, on January 28, the Chinese Prime Minister Wen Jiabao, according to the New York Times, “blamed the United States for the economic crisis the world is now experiencing. He talked in particular of ‘the failure of financial supervision.’”

There is little doubt that the U.S.’ period of hegemonic domination of Latin America has passed, and it must now settle for competing alike with developed nations in the West, the emerging regional superpower of Brazil as well as new non-traditional external forces like Iran. The Obama administration’s ability to compete with China in what was once exclusively its own backyard will likely be dictated by the approach it takes to the countries which are either not traditional U.S. allies or have become disillusioned with Washington under Bush.

Old Habits Die Hard in Washington
Talk on Capitol Hill of ‘two Americas’ – the one which the U.S. can do business with, and the other, comprised of left-leaning ‘outcasts’ – will get the administration nowhere. At a wide-ranging House of Representatives subcommittee hearing on February 4, congressmen demonstrated that the view of those who believe the U.S.’ priority must lie in negotiating free trade agreements with allies continues to hold significant sway in Washington. However, the longer the White House prioritizes its relations with ‘friendly’ countries, the more states like Venezuela will look to diversify their trade away from the region and towards the likes of China.

The U.S. is undoubtedly restricted in the action it can take by its current economic predicament. In visiting Mexico, Xi is flying the Chinese flag provocatively close to home for Washington, given the two countries’ traditionally close ties as members of the North American Free Trade Agreement (NAFTA). However, it may be in the interest of Mexico to diversify its trade links in order to avoid being dragged into the mire in which its main trading partner, the U.S., currently finds itself; indeed, Brazil’s relative insulation from the economic crisis engulfing the U.S. can be in part attributed to its trade diversification. Hegemonic trade relations are, in short, something the U.S. can no longer expect to prolong, or even defend.

Hard to Resist
The variety of non-hemispheric players which have increased their presence in Latin America over the past decade inevitably have had a range of motivations for doing so. For Iran, involvement appears to be little more than a superficial exercise in anti-U.S. posturing, and an element of this is also evident in Russia’s relations with the region. However, for the EU, the ultimate aim is unfettered and efficient trade, an approach which comes coupled with an agenda of development politics, aimed at increasing regional dialogue and achieving greater social cohesion.

China’s instinct is to err primarily on the economic side of this spectrum. Among its priorities traditionally has been an attempt to thwart the ‘dollar diplomacy’ practiced by Taiwan and win over Latin America – home to a sizeable, if diminishing proportion of the small number of countries which recognize the island’s sovereignty – with resources of its own, with some success. Chinese involvement in the region appears largely, however, to have moved beyond such relatively petty political concerns; as COHA noted in July 2008, “China’s political initiatives in the region are hardly comparable to its economic ones.”

The Obama administration’s approach to China to date has been cooperative, but at times fraught with implications. Secretary of State Hillary Clinton’s visit to Asia this week will surely provide a better idea of how relations will proceed. Learning to work with the Hu regime is imperative for Obama, and Latin America is a significant theater in which to observe the political maneuverings taking place. Xi and Hui’s visit serves to reinforce the appearance that China quite clearly means business, and the U.S. no longer finds itself in a position to do anything but attempt to compete and cooperate. Reaching out to the countries in the area alienated during the Bush presidency, and paying greater attention to this hemisphere’s own ideas on how to carry out the amplification of multilateral trade, would be a good way to start.

This analysis was prepared by COHA Research Associate Guy Hursthouse
February 17th, 2009
Word Count: 2600

 

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DR attorneys visited China Beijing Equity Exchange

Beijing, China - Diaz, Reus & Targ, LLP visited China Beijing Equity Exchange (CBEX) on January 20, 2008. The Chief Representative of China, Adam Ehrlich, discussed potential cooperation opportunities with Mr. Zhao Yue from CBEX. Authorized by the Beijing Municipal Government, CBEX is the largest asset-trading platform in China with a nationwide service network. It is the unique and most influential platform for acquisition and reconstruction of enterprises. Affiliated with Asia America Equity Exchange (AAEE), CBEX starts to expand its global reach and shows big interests in Latin America enterprises.

With Latin American offices in Bogota and Caracas, Diaz Reus & Targ is committed to serve as a bridge between China and Latin America. During the meeting, both parties agreed to cooperate in the future regarding various issues, including asset trading, M&A, IPOs and IP protection. “We need more professional companies or firms like you to become our partners to promote the international acquisition and reconstruction and help Chinese companies to do business with foreign enterprises,” said Mr. Zhao Yue. For more information regarding CBEX and Diaz, Reus & Targ, please contact: shu@diazreus.com.

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China's Redirected Foreign Investment Could Help Latin America's ETFs

by Tom Lydon

China’s recent $250 million decision could help Latin America-related exchange traded funds (ETFs).

China Investment Corp. (CIC) has decided to inject $200 billion into their sovereign wealth funds, and $250 million of that is going toward emerging markets, reports Irwin Greenstein for Seeking Alpha. It turns out China must diverge from the falling dollar and tap into greater reserves such as Latin America, which can generate the energy necessary for China’s development.

CIC is responsible for managing part of China’s foreign exchange reserves, and it’s the sixth-largest sovereign wealth fund in the world. It began operations on Sept. 29, 2007. Sovereign wealth funds are huge investment organizations owned by central banks and are accountable to no one.

CIC’s emerging markets plan has two focal points:

1) Diversifying out of their $1.7 trillion in foreign-exchange reserves, mostly U.S. treasury bonds and fixed-income assets

2) Gaining control of energy reserves

Just as other dollar investors are, CIC is taking a hit as the second-largest holder of U.S. Treasury securities.

Latin American ETFs might benefit from this move toward diversification:

iShares MSCI Brazil Index (EWZ): up 0.8% year-to-date
iShares S&P Latin America 40 Index Fund (ILF): up 2.8% year-to-date
SPDR S&P Latin America (GML): up 0.6% year-to-date

Source from http://www.etftrends.com/2008/07/chinas-redirected-foreign-investment-could-help-latin-americas-etfs.html.

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In-Sourcing and China Plus One: Who's Going to Mexico?

Mexico is currently being considered as an alternative sourcing option to China, especially by some US-based supply chains eager to bring production closer to home. Yet they are not the only ones hoping to find new opportunities in Mexico, so are manufacturers from....China.

At the Supply Chain Digest, Dr David Simchi-Levi of MIT has proclaimed that the dramatic rise in fuel prices and transportation costs of recent times constitutes a tipping point where logistics costs have started to negate the unit cost advantages of China and other Asian countries. As a result, Simchi-Levi has noted a number of companies that have either put Asian offshoring on hold or have brought production back to domestic or nearshore sources, the so-called in-sourcing (or near-shoring) phenomenon that is raising Mexico's profile for US sourcing and supply chains.

And logistics costs are not the only concerns with China. As this article from IHT outlines, inflation, rising labor costs, shortages of workers and energy, a strengthening currency, and dwindling tax breaks for foreign investors all have multinationals encouraging their suppliers to diversify out of China. With the so-called China plus one strategy, companies are expanding their bases elsewhere in Asia (particularly Vietnam) so as not to be overly dependent on factories in one country. Yet few companies are actually closing factories in China, and for those with large operations in China, China plus one is only a strategy intended to mitigate risk and control costs.

If US supply chains are not about to retreat en masse back to Mexico, expanding Chinese auto manufacturers are preparing to advance into Mexico to get a foothold in America. Following the Chinese company First Auto Works, who announced plans to build an assembly plant in Mexico with Grupo Salinas, private Chinese auto manufacturer Geely Automobile this week also announced plans to move ahead with construction of an assembly plant in Mexico to supply both the North and South American markets. Geely and a local partner will invest up to $270 million to build a factory in Leon, capital of Guanjuato state in central Mexico. With the plant eventually set to have an annual capacity of 300,000 units, Geely wants Mexico to be a stepping-stone for achieving its ambitions of conquering the US market.

And Geely might pave the way for a host of Chinese manufacturers to head into Mexico. With China now being Mexico's second largest trading partner, during his visit to China in July Mexican President Felipe Calderon invited Chinese business leaders to invest in Mexico:

We do want global investment, and if there are (Chinese) companies that are thinking about investing in other (Latin American) nations, but those nations are not hospitable to investment, they should know that they are welcome in Mexico and we protect their rights.

So if some US supply chains are forced to head back closer to home in Mexico, manufacturers in China are prepared for a big push westwards, to Mexico and beyond.
 

Source from http://www.chinasourcingblog.org/2008/08/

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Anchors Away On Sino-Global's First Trading Day

Melinda Peer, 05.21.08, 6:50 PM ET


Sino-Global America shares set sail Wednesday, billowing 80.4% in its trading debut on the Nasdaq Capital Market.

Investors see the Chinese shipping services company as a way to capitalize on the country's voracious demand for iron ore. The stock added $6.23, closing at $13.98 a share.

Sino-Global America is China's leading nonstate-owned shipping company and competes directly with the partially government-owned companies Penavico and Sinoagent. Combined, the two companies account for 85.0% of the market share for Chinese shipping agencies.

"These competitors have significantly greater financial and marketing resources and name recognition than we have," the company said, addressing possible risks to the company's success.

According to Sino-Global's registration filing with the Securities and Exchange Commission, total sales for Chinese shipping agencies were $1.5 billion in 2006. In 2007, the company's sales rose 13.1%, to $10.1 million, from $8.9 million in 2006.

Sino-Global expects to receive $9.5 million for maximum net proceeds of $8.2 million--the majority of which it intends to use to expand its business in 15 to 35 Chinese ports. The company filed an initial public offering of 1.2 million shares priced at $7.75 a share. Anderson & Strudwick acted as the lead placement agent for the offering.

Investors obviously see a lot of potential for the company, which has primary executive offices in Flushing, N.Y., and Beijing, since China is the world's biggest importer of iron ore. According to Sino-Global's filing, China imports about 43.0% of the world's iron ore and relies on the three companies for 75.0% of its iron ore shipments.

"China is currently the world's largest importer of iron ore, and global shipping capacity has been unable to keep pace with China's demand for iron ore, resulting in the cost of iron ore to China of 9.5% in 2007," the company said, adding that iron shipments comprise the bulk of its cargo.

Sino-Global incorporated in New York in 2001 to better develop its North American client base. The company acts as a local agent for its customers with its range of services, which includes customs assistance and help with ground transportation.

Shipping rates are expected to surge even higher in the wake of Monday's earthquake since China will become more reliant on imports--particularly for construction materials as the country begins the rebuilding process. (See: China's Quake Boosts Dry Bulk Rates)

On Wednesday, China's National Development and Reform Commission said stockpiles of imported iron ore at its ports totaled a record 79.2 million tons as of May 15. Steel mills have been hoarding iron ore at Chinese ports in anticipation of further domestic price hikes for the raw material, said Liu Baoyao, a steel analyst with Guangfa Securities. China warned that it would penalize mills that engage in hoarding.

China imports iron ore primarily from Australia, Brazil and India. (See: China Can't Get A Break On Indian Iron Ore)

Thomson Financial contributed to this article.
 

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China amends law to broaden investment channel of insurance funds


China is to broaden the investment channel of insurance funds, allowing them to invest in real estate industry, if a draft revision to the Insurance Law is adopted by the national legislature.

Investment channel of insurance funds would be widened to marketable securities such as bonds, stocks, funds and real estate industry, according to the draft submitted to the Standing Committee of the National People's Congress (NPC) on Monday.

The current law only allows insurance funds to invest in government bonds and financial bonds.

"It is necessary to revise the law to boost the steady and fast development of the insurance industry. It will help to better regulate insurers' business conduct, prevent and control risks and protect insurants' interests," said China Insurance Regulatory Commission chairman Wu Dingfu when explaining the draft at the fourth session of the NPC Standing Committee.

The revision also highlights tighter supervision of insurance fund using, in a bid to prevent investment risks.

The legislative session is scheduled to end on Friday.

Source: Xinhua


 

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Signs of a Slowdown Become More Apparent, Beijing Changes Tack

From: http://www.chinavest.com/

Last month, we reported that China’s economy enjoyed a strong first half of 2008, despite
the fact that economic growth did not approach 2007’s figure of 11.9%. We also noted that
growth is expected to slow significantly in H2 and as we enter 2009. Now, early indicators
are beginning to show that these assertions are coming true.


While China is moving away from exports and toward a high-tech and domestic consumer
driven economy, the country’s growth still remains very much export-driven. When export
growth slows, economic growth slows. Export growth seems to be falling at an eye-opening
rate, with volume growing at only 5.9% in June over the same period in 2007. By
comparison, in July 2007 export volume was still growing upwards of 28%.There are a
number of factors that have contributed to the problem. These include the sub-prime driven
slowdown in the West, Beijing’s reduction of VAT rebates for many exporters, and the rapid
appreciation of the RMB in 2008, among others.


The effect of the slowdown in the West is obvious—the U.S. and Europe are consuming less,
and orders to Chinese exporters in recent months have suffered as a result. The reduction
in VAT rebates was introduced last summer by Beijing as part of a series of tightening
measures designed to cool the economy, which at the time was in danger of overheating.
The effects were delayed, and have really begun to hurt exporters in 2008; many firms that
export low-margin products depended on those rebates to maintain profitability. Regarding
the currency appreciation issue, rapid RMB appreciation hurts exporters because the USD
payment they receive for their goods becomes less valuable.


Beijing has responded to the signs of a slowdown, declaring a change of monetary strategy.
In a recent Politburo meeting, the directive was altered from a strategy of tightening and
inflation control to a strategy of maintaining reasonably fast growth while controlling
inflation. “We must maintain steady, relatively fast development and control excessive price
rises as the priority tasks of macro adjustment,” said President Hu Jintao. As part of the
alteration, loan quotas have already been raised by about 5% for small- and medium-sized
enterprises (SMEs), and we’ll likely see Beijing slow the appreciation of the RMB for the
remainder of the year. VAT rebates have also been bumped up for textile manufacturers.
Along with a number of other industries, textile exporting had been hit hard by the reduction
in VAT rebates due to its lower margins. Although China is moving away from economic
dependence on lower value-added exports, regulators are now taking steps to make the
process more gradual in an attempt to avoid too rapid an economic slowdown and a
subsequent hard landing.


We’ll also keep an eye on how the People’s Bank of China (PBOC—China’s central bank)
responds to the country’s new change in economic strategy. For the last year and a half,
PBOC has used a series of hikes in the required reserve ratio for banks and hikes in interest
rates to remove money from circulation, control loan growth, and attempt to reign in
inflation. With the new focus on maintaining growth rather than slowing growth, and with
inflation control still at the top of the agenda, it will be interesting to see how PBOC alters its
course.


Incidentally, although many had expected a post-Olympic malaise, the impending slowdown
has almost nothing to do with the Olympics. Despite the significance of the Games, they
have much less to do with the state of the economy than the factors mentioned above.

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The China challenge

South Florida seeks opportunities, faces uncertainty as Asian economic giant boosts trade with Latin America

By: Wayne Tompkins
Wayne.tompkins@incisivemedia.com

When Mario Sacasa hears about the surge in trade between China and Latin America, he has only to glance at a world map to see the potential rewards for South Florida. We are basically a distribution platform, if you will, with a good infrastructure, good logistics, good financial network, telecommunications and so forth to serve as a distribution center, just like the Europeans have been doing now for years,” said Sacas, senior vice president for international programs at the Beacon Council, which focuses on Miami-Dade County’s economic development. China needs raw materials –oil, copper, soy, iron, ore- to fuel its economic growth. It’s finding them in Latin America, building relationships, making investments and weaving itself into the fabric of the region’s economy and politics.

In the process, however, it’s challenging the long-dominant United States in ways that could upset Latin America’s geopolitical and economic balance.

That could pose challenges as well as benefits for Sotto Florida’s economy, and exporters, economists and trade officials recall the oft.told myth that in Mandarin Chinese, tile word fur crisis is also the word for opportunity.

Only, in this case, that just might hold true.

Just as important as South Florida’s geography, Sacasa adds, “it is the United States, That brings a lot of stability that the companies find useful and also from a business stand point more efficient. Executives want to live here.”

But while South Florida could find ways to benefit from China’s ambitions, there are plenty of reasons to be wary.

“The United States government does have a concern about growing trade between China and Latin America, because they believe they are taking away opportunities that U.S. multinational corporations or the government might otherwise have in the region, said attorney Michael Diaz, managing partner Diaz Reus in Miami who has worked extensively with companies in both Latin America and China on International trade issues. It’s not just the Chinese; you have the Middle East investing heavily in Latin America. In 2007, for the first in Latin America’s history, you had over $100 billion in foreign direct investment.”

China’s $102.6 billion in trade with Latin America in 2001 is more than double the $50 billion in business it did with the region two years earlier, but, for now, it remains well below the $560 billion Latin America U.S. relationships.
 

Unfettered trade rules

While China does not pose a military threat to tire region, it also isn't bound by the same trade rules and regulations as the United States.

“For example, the Foreign Corrupt Practices Act; all the things that keep our hands tied when doing business abroad,” said Mark Weiner, an attorney who recently joined Katz Barron in Miami to start an immi¬gration and international practice group. “Right off the bat, culturally, the Chinese have more in common with Latin America than they do with us. In terms of their politi¬cal structure, their civil law, or common law they are much more familiar with and can get things done faster dealing with a Latin American country."

Weiner said China has been signing free-¬trade agreements with Latin American coun¬tries — they're about to finalize one with Peru while over the past eight years tile U.S. has largely neglected the region.

They're financing bilateral investment treaties with South America, which is dan¬gerous because Latin America is moving to the left," he said.

For example, China's dearth of natural oil reserves has compelled it to court Hugo Chavez, president of OPEC member Venezuela.

It wants its oil, it needs its oil. They have very little of it," said Neal Asbury, a Fort Lauderdale businessman who chairs the South Florida District Export Council.

“They'll be going to people like Chavez and offering him just about anything he wants. There is risk there politically."

Whatever the strategic and economic implications, the courtship of China and Latin America was inevitable, said Manuel Lasaga, an economist who heads Stratinio in Coral Gables.

“South America has an abundance of raw materials and natural resources that China needs and China also sees Latin America as a good market for its own products. So there's a very natural base for growing trade between the two continents," Lasaga said.

Now that it has two suitors to play against one another, Latin America will come out a winner on many levels, but also needs to be mindful of downsides.

China's economic footprints are felt in tile booming exports countries like Argentina and Brazil have enjoyed in products ranging from soybeans to copper. That promises to be a boon to South America, where coun¬tries such as Brazil are seeing a growing middle class, but also a cause of growing pains. Soaring revenues for soy and sun¬flower oil in Argentina sparked a bitter, months-long fight between the government and farmers over who would keep the spoils. Chile's booming copper profits sparked labor unrest as miners demanded a larger share of the profits.

Hopes that China would invest in Latin America's long-neglected highways and rail¬roads, a means to move exports more cheaply and efficiently, have yet to material¬ize.

Manny Mencia, senior vice president for international business development for Enterprise Florida, is among those who believe that even a perpetually growing Chinese presence will help South Florida.

“That part of the world has helped Latin America continue its expansion even in the face of a U.S. recession," Mencia said. "That changes a historical pattern, which is every time the US. economy sneezed, Latin America went into the tank."

A Chinese market still consuming tremendous amounts of commodities even in the face of declining U.S. demand has kept Latin America afloat, and by extension South Florida’s economy, Mencia said.

“Last year was unprecedented: We were close to $45 billion in origin exports from the state. We’re doing 21 percent better this year and a significant amount of that is with nations of Latin America. Our exports to Brazil are up over 35 percent this year.”

Mencia said that international business has been crucial to cushioning Florida’s economy against the sale’s real estate driven economic downturn.

Threat exaggerated

Others argue that the Chinese threat is overblown – that its glory years of miraculous economic growth are past and that the world’s most populous nation faces internal challenges of its own. Crucially, economic pressures are raising the cost of doing business in China, undermining its competitive position.

China’s stock market has lost over 50 percent of its value in less than eight months, housing prices are plunging, electricity rationing is afflicting several provinces, upward wage pressure and public unrest is growing, environmental problems abound and a 2006 Ernst & Young report estimated that the Chinese financial system is carrying close to $1 trillion in bad debt, said Gamble, who heads the consulting firm Emerging Market strategies and is the author of two books on China.

“They have enormous inflation but they can’t raise the renminbi (China’s currency whose unit is called the Yuan), because that throttles their export market,” he said.

Fort Lauderdale exporter Asbury, whose Greenfield World Trade does business in both regions, said the Chinese currency remains from 20 percent to 25 percent undervalued, still giving that country an advantage.

China is under tremendous pressure from its world trading partners to get the renminbi valued at where it should be, or better yet let it float arid find its own level like other major trading currencies,” said Asbury, whose company exports heavy commercial products, mostly targeted toward the commercial load service market.

What’s going to happen over the next 12 months is the renminbi is going to appreciate another 10 to 15 percent. Export tax rebates, which are against (World Trade Organization) rules are being withdrawn. They were 13 percent, they’re now 8 and some have gone away completely.

Asbury said that a Chinese company could run at a loss and still make money through its tax rebates, something that he says will soon be a thing of the past. They’re going to have to be more financially responsible,” he said.

The implications: “Thousands of companies in South China are going to be going out of business because of the renminbi appreciation and because of the tax rebates being withdrawn. Labor rates and operational costs are going up.” Asbury said. “Companies are saying, ‘maybe we can be in Vietnam, maybe we should be in India. It’s just too expensive to do business in China.”

Enterprise Florida’s Mencia agrees that the China threat is overblown, but for a different reason.

“If you look at what China sells in Latin America, most of it does not really complete with our products,” he said. “There are some telecom-related products, but what they sell tends to be more labor-intensive, low-cost producer driven while what we sell tends to be more value-added, high technology, aviation and aerospace, transportation equipment and health technologies.”

Even if China eventually catches up in these areas, Mencia said, South Florida still maintains its advantage as a financial and distribution platform.

He does have concerns for Latin America, however.

“Particularly smaller nations like in Central America or the Caribbean basin have been losing U.S. market share to China for some of the commodities dial they have traditionally supplied our country with,” he said. “For example, apparel and accessories. It is much better for Florida for Latin American countries to sell products to the United States than for China to sell the same product to the United States and cut out the Latin American suppliers.

Advantage of NAFTA

Asbury said a lot of Latin American countries see China as a competitor, “and that’s a good thing.”

Mexico and Central American countries are watching with alarm as Chinese companies begin underselling them on world markets in areas such as textile manufacturing and consumer products.

He said free trade agreements are crucial to the U.S.’s competitive advantage.

“A lot of people are beating us on NAFTA,” Asbury said of the controversial free trade agreement between the U.S., Canada and Mexico that has been in place since 1994.

It has meant incredible business for American exporters; it has put millions of Americans to work. It’s given Americans a huge advantage in Mexico.”

Meanwhile, he said, duties of Chinese products going into Mexico have been between 23 percent and 30 percent.

That just shows what the trade relationship with the U.S. means and their suspicion of China, keeping the tariffs and duties high,” he said. “In Central America, the same thing exists. They just signed a free trade agreement with the United States; they have bet their economic futures on the trade relations with the United States, it’s hugely important to them.”

Textiles made in Central America are competing head-to-head with textiles made in China.

“The difference is textiles manufactured in Central America have a much better chance of having American content than Chinese,” Asbury said. The raw materials used to manufacture textiles often are exported from the United States to manufacturers in Central America, and then sent back as a finished product.”

“China has almost no American materials in textiles being exported to the U.S.,” he said.

“That business [textile manufacturing] isn’t coming back to the United States, but it would be great to bring it back closer to our border.”

Lasaga, the Coral Gables economist, said Latin America countries “won’t put all their eggs in one basket.

“China can not sustain its growth rate,” he said. “That will trigger more trade between Latin America and the U.S.--particularly for the sourcing of production out of Latin America for U.S. companies and consumers – because the revaluation of the [renminbi] is going to increase the cost of doing business in China.”

Even those concerned about the geopolitical threat of China are optimistic that South Florida can find several ways to benefit from Latin America’s popularity as a global trading partner.

Miami attorney Weiner’s vision has the city emerging as “The Hong Kong of the West,” a nexus of trade between not only Asia and Latin America, but also Europe.

It’s a goal he says that is lofty, but not impossible.

His advice: “Try to keep Florida as the place to do your business in South America” while diversifying an export economy still highly dependent on Latin America.

“Unless Miami stops taking its focus on just doing business with Latin America, and thinking, ‘wait a minute, there is this superpower called China that we should be courting…’ Miami’s not focusing on the Eastern bloc, the Czech Republic, Poland, Romania, Bulgaria, which are friendly with the Americans, but totally neglected.”

Diaz said business and political leaders need to recognize the changing trends in global trade.

“You have two regions of the world where there’s a great amount of liquidity, both the Middle East and China, and that will increase the demand for services from our financial industry, from our professional services here in South Florida, as we are not only a gateway to Latin America but we’re a gateway to the rest of the world.”

South Florida should also welcome the infusion of liquidity that comes with Latin America growing trade.

“I believe,” Diaz said, “that we are going to be the direct beneficiary of that as the closest city that can service the needs of folks both in goods and services.”

Mencia says he believes the trends that have already made in Miami a center for Latin America and trade will only accelerate.

“You’ll see more Chinese companies coming to South Florida as their operations in Latin America mature,” Mencia said. The key advantage is logistics.

“It is a lot easier communicating, traveling from South Florida to many parts of the Americas than it is inter-regionally, even if the distances are shorter,” he said. “If you’re going to South America to the Caribbean Basin and even places in Central America, often it is easier to transfer through Miami.”

South Florida also is the central data processing and telecom hub for the nations of the hemisphere, Mencia said.

South Florida’s diverse Hispanic population means that companies can find neutral ground amid international rivalries.

“We have a multilingual, multicultural workforce and if you’re doing a lot of business in Colombia and you’re looking for someone to manage that market, you don’t have to hire a generic Latino to run that operation, but you can hire a Colombian who understands the culture of the specific markets where you are doing business.”

Lasaga said the widening of the Panama Canal also needs to be closely watched, to see how it will impact trading patterns that could help or hurt South Florida.

The canal’s widening would allow additional large ships to onload and offload their cargo in Miami, Lasaga said.

“To the extent that Miami has the infrastructure in terms of warehousing facilities for transshipment of goods, then it would help us,” he said. “That, of course, hinges on additional investments here in Miami as far as improving the capacity of the port,” and the dredging of the port so larger ships can he accommodated.

“It’s in our blood. It’s in our DNA,” Asbury said of South Florida’s world trading role. “We are a very sophisticated trading city and bringing Latin America closer to the U.S. economically is great for South Florida. As China becomes more expensive and more business finds its way back to Latin America, that relationship with South Florida will become even more important.”

 

 


 

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China's First Anti-Monopoly Law Took Effect August 8

China's first anti-monopoly law took effect on Friday, viewed as a milestone of the country's efforts in promoting a fair competition market and cracking down on monopoly activities.

The law, which was proposed 14 years ago and finally received official approval last year from the Standing Committee of the National People's Congress, the country's top legislature, aimed to build a uniform, open, transparent market, and to encourage fair competition, experts said.

Sheng Jiemin, a Peking University law professor, told Xinhua it had introduced some advanced concepts from America's anti-monopoly law, which strikes at dominating enterprises' monopolistic activities and puts safeguarding consumer rights as priority.

"It is different from other economic laws," Sheng explained. "Punishment usually comes after a long and thorough investigation and research under the anti-monopoly law."

The State Council, China's Cabinet, said it had established an Anti- monopoly Committee earlier this week. It will research and map out relevant laws, investigate and monitor enterprises and companies, assess the competition situation in the market and cooperate with other government bodies to enforce the law.

Despite this significant improvement in the country's economic reform and legal system, experts felt the government still had a lot to do to perfect the law and enhance its efficiency.

"There is possibility for crossing and overlay of the functions between the three law enforcement bodies," Sheng said. "It is hoped that an unified institution comes out in the coming years, which will be better in accordance with the country's situation."

"The country currently has no better measures to solve the monopoly problem in some crucial centrally-administrated and state-owned large enterprise and industrials," said Zhang Yansheng, the NDRC's International Economic Research Institute director.

Any activities that harm consumer rights were discouraged, Zhang added.

Three government organs, including the National Development and Reform Commission (NDRC), the Ministry of Commerce, and the State Administration for Industry and Commerce (SAIC), will enforce the law and carry out its implementation in a coordinated fashion.

The SAIC said earlier it had established an independent bureau, which was in charge of investigating and punishing unfair competition, commercial bribery, smuggling and other cases that broke relevant economic laws.

In addition, the country's top economic regulator, the NDRC, finished a draft of the anti-price monopoly law regulation earlier this week, which was a component of the anti-monopoly law.

According to the draft, monopolizing enterprises that intended to control prices, dump their products at extremely low prices and sold products at various prices between different consumers at random, would face punishment.

"The anti-price monopoly law regulation will determine the government's actions in cracking down on price monopoly via a legal basis," said Li Lei of the NDRC's price supervision department.

The anti-monopoly law was not expected to shake the country's "4S" automobile marketing mode, which features a combination of "sales, spare parts, service, and survey," market analysts said.

"Since no single automobile enterprise dominates the domestic market, there is no monopoly in this sector," said a Ministry of Commerce official who declined to be named. "The only problem is excessive competition."

Source: ChinaLawyerSearchGuide.

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Spanish Connection

"With Limited grouth potential at home and a weak dollar, Spain's banks mine South Florida for opportunities."  Wrote Wayne Tompkins in a recent article at Latin Lawyer Magazine.

According to the article, "[t]he Spaniards are spearheading a resurgence of international banking in Miami, after several years of contraction following the Sept. 11, 2001, terrorist attacks and the toughening of anti-money laundering regulations to fight terrorism."

Bob Targ, a partner with Diaz Reus who represented clients in money-laundering and white-collar criminal cases in the U.S. and Latin America, also commented in the article, "They don't seem to be intimidated. Spain, like the other 100 or so countries that are a member of the international anti-money laundering treaties...has the same obligations." Targ also said the so -called "Spanish invasion" reflects the further globalization of banking in South Florida. "It leads to job investment and loan opportunities, development of imports and exports and letters of credit, all of that is good for the community."

To read the entire article, please visit DailyBusinessReview.com.

 

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Brazil Petrobras, Chinese Sinopec Sign MoU

2 July 2008
Latin America News Digest


Brazilian federal oil and gas major Petroleo Brasileiro (Petrobras) and China Petroleum and Chemical Corp. (Sinopec), a Chinese national oil company, signed a memorandum of understanding (MoU) on July 1, 2008, aimed at a mutual commitment to increase the business links between the two companies.

Petrobras already has an oil export agreement with the Chinese company. So far in 2008, Sinopec has purchased some 12 million barrels of oil from its Brazilian peer.

The MoU was signed by Petrobras' Services director, Renato de Souza Duque, and Sinopec's senior vice president, Cai Xiyou, in Brazil's capital Brasilia. No further details on the MoU were provided.

Sinopec is controlled by China National Offshore Oil Corp. (CNOOC).

http://www.petrobras.com.br
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Chinalco to invest in Latin American Copper Mine

Aluminum Corp of China (Chinalco) has made another overseas investment this year, committing
US$2.16 billion for the Toromocho copper mine in Peru. The investment, which is being funded by
China Development Bank, was increased from the initially planned US$1.5 billion. The mining
operation will become Peru’s largest copper mine, and is expected to increase the country’s
exports by 25%. Peru already ranks 3rd worldwide in copper production, while China ranks 1st in
copper consumption. The Toromocho copper mine is located approximately 85 miles from Lima,
Peru, and expects to produce over 210,000 metric tons of copper annually by 2012, with
estimated reserves to last for roughly 30 years.


Investment between Latin America and China has become increasingly common as ties between
China and the region have strengthened in recent years. In 1978, China invested a mere US$200
million dollars in the region, but by 2000 that figure had risen to US$10 billion. According to the
Commerce Ministry of China, by the end of 2006, China’s direct investments abroad surpassed
US$90 billion, and 25% of that was directed towards Latin America. At present, Chinese
enterprises are engaged in approximately 30,000 projects in the region.


In related news, earlier this year Chinalco offered US$14 billion for a stake in mining giant, Rio
Tinto. Chinalco also signed agreements with Malaysia’s MMC Intentional Holdings Ltd and Saudi
Binladin Group for investment in a Saudi Arabian aluminum project. The total investment of US$
4.5 billion will include aluminum production and electricity generation facilities, in which Chinalco
will own a 40% and 20% stake, respectively.

From: http://www.chinavest.com/report/ChinaReport-May%2016%202008.pdf

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Chile - A Liberal Market in Latin America

The following is the executive summary of an article, Chile-A Liberal Market in Latin America, posted at china.hktdc.com:

With the highest per-capita GDP and lowest inflation in the region, Chile, the freest economy in Latin America, offers steadfast business prospects for Hong Kong companies.

Thanks to Chilean consumers' ready acceptance of China-made products, plus the Chile-China Free Trade Agreement (FTA) effective since October 2006, China became Chile's No. 1 export destination (outperforming the US) and No. 2 import source in 2007.


But given a population of 16 million, Chile is a relatively small market. Therefore, Hong Kong exporters should keep an eye on the countries nearby, such as Peru, Bolivia and Ecuador, using Chile as the first port of call.


Also worth noting is that Chilean consumers are conservative. Bearing less sense of showing off, it is not uncommon to see Chilean consumers picking unbranded but more reasonably priced products rather than branded and stylish ones.


Aside from distance and language barriers, Hong Kong exporters should take note of the intensifying competition from indigenous mainland suppliers. They should endeavour to justify their higher prices, for instance, by enhancing quality and service.

To read the entire article, please visit china.hktdc.com.

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China Earthquake Relief: 24+ Ways to Give

A powerful 7.9 magnitude earthquake struck central China lately, the death toll is estimated to reach 50,000, and millions of people become homeless. 

People from all over the world have extended their condolence and love to the victims by donating money, food, clean water, clothes, cooking utensils and other life sustaining supplies. 

The following link provides you with 24+ ways to make a donation to the affected areas:

 http://cnreviews.com/uncategorized/china_earthquake_relief_and_donation_guide_-_will_update_20080514.html.

 

 

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China may encourage firms to buy farmland abroad


By Chris Oliver, MarketWatch
Last update: 11:54 p.m. EDT May 8, 2008


HONG KONG (MarketWatch) -- Beijing is considering a plan to encourage Chinese companies to purchase farmland abroad in an effort to ensure stable food supplies, according to media report Friday.


A proposal drafted by the Ministry of Agriculture would encourage domestic agricultural firms to make the offshore acquisitions, with the focus on South America and Africa, the Financial Times reported Friday.


Beijing already has encouraged state-owned banks, oil companies and manufacturers to make overseas investments, but there's been little encouragement for agricultural companies to step up. The policy being drafted would make these investments a central government policy, the FT reported.


The plan is expected to face opposition from governments concerned about their own stable food supplies and other environmental concerns. Beijing is expected to embrace the plan in spite of the expected backlash, according to the FT, which cited an unidentified official spokesman.


The plan comes amid soaring food prices and moves by oil- rich countries in the Middle East and North Africa to invest in agricultural and livestock operations in other countries.


Food prices in China, which has 8% of the world's arable land, have risen about 25% in the first quarter from a year earlier, the report said, citing UBS figures.


Chris Oliver is MarketWatch's Asia bureau chief, based in Hong Kong.

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PetroChina, Venezuela Are in Talks Over Oil Refinery


By Wang Ying

May 6 (Bloomberg) -- PetroChina Co., the nation's biggest oil producer, said it is in talks with a Venezuelan partner about a plan to build a refinery in China's southern province of Guangdong.

PetroChina may sign an initial agreement in Venezuela this week, Vice President Shen Diancheng said in Beijing today. The refinery will have annual capacity of 20 million tons, about 400,000 barrels a day, he said.

Chinese oil refiners are expanding capacity to meet rising fuel demand in the world's fastest-growing major economy. The plant would use orimulsion, an alternative boiler fuel, derived from Venezuela's bitumen deposits. PetroChina and Venezuela may also agree to explore jointly for the fuel in the South American country, Shen said.

``The two sides are still selecting a site for the refinery,'' Shen said. Chinese Vice Premier Hui Liangyu will visit Venezuela on May 8, he said, without giving further details.

The countries signed $11 billion of energy and transportation accords in August 2006 when President Hugo Chavez visited China. China will invest $2 billion in Venezuela's oil industry, including developing the Junin oilfield, in which PetroChina parent China National Petroleum Corp., has an interest, Chavez said at the time.

PetroChina is also in talks with Qatar to build a refinery in the eastern province of Zhejiang, Shen said today, without elaboration.

Orimulsion, a replacement for fuel oil to burn in power plants, is derived from the bitumen that occurs naturally in Venezuela's Orinoco belt. It is changed to a mixture of 70 percent bitumen and 30 percent water for transportation by tanker.

To contact the reporter on this story: Wang Ying in Beijing at ywang30@bloomberg.net.

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Capitalism in China is 'work in progress'

International Business

April 28, 2008 By: Meredith Hobbs

The Chinese crackdown on protests in Tibet in the run-up to the summer Olympics in Beijing has not had any real effect on business activities, said Peter A. Neumann, a Shanghai-based shareholder at Greenberg Traurig.

At a Georgia Tech conference on doing business in China, Neumann acknowledged that those in China and its territories “can't question the authority of the Chinese Communist Party to rule,” but he added that the country is “much more open than it was in the early 1980s” in permitting political dissent.

“China wants to be a world player and benefit from the world economy,” he pointed out.

China's increased openness to the global economy means more opportunities for U.S. companies, said Neumann and representatives of the U.S. Department of Commerce and the U.S. China Business Council at Georgia Tech's annual Global Business Forum on Wednesday.

But they warned the audience that it's important to enter the Chinese market well-informed, because the market and the rules governing it continue to change rapidly.

China is still “a work in progress,” said Neumann, who advises foreign companies that want to establish a foothold there. He has worked in China since 1993 and joined Greenberg Traurig almost three months ago to establish a Shanghai office for the firm. Greenberg Traurig was one of the conference's sponsors.

Rapid change

Neumann pointed out that China has transformed from a feudal society to a market economy in just 30 years, since Deng Xioping began a series of reforms in 1978 to open China gradually to the outside world.

In the pre-market system, the time-honored capitalist ideal of “buying low and selling high” was considered disruptive in a state-run economy, said Neumann.

“Someone engaged in unauthorized entrepreneurial activity may have committed the crime of speculation,” he said. He recalled a case in the early 1980s, when he was a student in China, where a man doing a brisk business selling roasted watermelon seeds was repeatedly jailed for “capitalist crimes.”

Under China's state-run economy, Neumann added, manufacturing and investment were handled by the government and an individual was tied to his danwei or work unit, which also supplied his family's housing. People had to obtain government permission to change jobs or to move.

“The landscape has changed entirely,” he said.

Government experiments in selling off state-owned factories and allowing private ownership have accelerated in the past 10 to 15 years, said Neumann.

“Maybe there was a time when it was China Inc., but that has changed,” he said. “The government is pulling back from its direct role in business.” The government has privatized small and medium-sized businesses while keeping key state-owned businesses, such as petrochemical factories, he added.

Neumann said most of the companies he's advised in the past five years have entered China through acquisitions.

No shortcuts

The most common pitfall for foreign companies, he said, is taking shortcuts. A company might operate its China outpost without proper accountability or program management controls, for instance.

“Most problems are avoidable,” he said. “The first thing I tell them is 'Don't rush into a deal just to be in the Chinese market.'"

As an example, Neumann said, a large building materials company initially retained him with the idea of acquiring a Chinese company in its industry. It discovered that the building materials market was saturated and “ripe for consolidation,” he said, and the client elected to bide its time instead.

The client established a local trading company, which allowed it to learn the local market, gain an understanding of its Chinese competition and become more sophisticated in marketing to Chinese buyers. In the heated building materials market, it can afford to wait to buy a local company that does not have the capital to weather the increased competition, Neumann said.

“You have to really understand the business proposition and look for ways of defining and managing risk,” he said. A foreign public company buying a Chinese company often must budget for an initial dip in revenues as they “clean up the operation,” and weed out bribery and kick-backs, he added.

Going green

The Chinese government is taking on a larger regulatory role to combat the rapidly growing market economy's two big problems of corruption and environmental damage, said Neumann. The central government has upgraded its environmental protection agency to a full-fledged bureau, he said, but local governments often don't curb polluting companies.

Even so, said Neumann, “there is a huge potential for green business.”

“Chinese companies are scouting the countryside in the United States for green technology,” said Neumann, in response to government directives to reduce energy consumption.

As China has opened to foreign investment and private enterprise has developed, business activities are becoming governed more by rules and regulations than relationships with party officials. “A rapidly developing market economy has different requirements than a simpler, relationship-driven agrarian society,” said Neumann.

China established its first business laws in response to foreign investment, he said. At this point, “there is an expectation that transactions will take place according to published rules.” On the other hand, he noted that legal institutions with their own independent power still do not really exist.

Comment on laws

In another sign of openness, China now allows outside entities to comment on laws in the drafting stage. Sara E. Hagigh, the deputy director of the Department of Commerce's Office of the Chinese Economic Area, said the United States provided extensive feedback on China's new anti-monopoly law. U.S. anti-trust lawyers met with the Chinese drafters and succeeded in getting some less favorable provisions dropped, she said.

In the same way, the United States wants to influence the reforms that China is currently making to its health care system, and it wants input on the national technology standards that China is developing. Hagigh expressed some concern that China is using these standards to promote domestic industry. While China has become more transparent, it has allowed only a three-day comment window for some standards, she noted.

Hagigh cautioned that China's increased openness to foreign business has limits. The country's latest five-year plan, established last November, calls the foreign acquisition of companies in key Chinese industries, such as automotive, machinery and petrochemicals, a “threat to national security,” she said. This could indicate a retrenchment, stemming from “concerns about stability and maintaining a harmonious society in the face of rapid change and growth in the last several years.”

In some areas, Hagigh noted, Chinese policies favor domestic over foreign companies through the use of subsidies, price controls, favoritism in government procurement contracts and technical regulations and standards that she said are unfair to foreigners.

“In some regions there seems to be a bias in favor of local companies” for government procurement contracts, agreed John Frisbie, the president of the U.S.-China Business Council, whose members are U.S. companies doing business with China.

Frisbie said his group's member companies are concerned about protectionism. “There is an active debate in the Chinese media over the role of foreign companies. Some say they are too dominant and need to be restricted,” he said.

But Frisbie said his members' top concern is recruiting and retaining qualified personnel. Salaries are increasing rapidly in China, and turnover is high, he said. Other big concerns are securing necessary licenses and approvals and intellectual property enforcement.

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World Sneezes, China's Just Fine

Economists say a global slowdown will largely spare a mainland economy still based on domestic consumption and cushioned by vast cash reserves
by Frederik Balfour

The Year of the Rat has certainly gotten off to a less than auspicious start for China. The country got buffeted by the worst winter storms in half a decade, causing food prices to soar and pushing inflation to an alarming 8.7% in February (BusinessWeek, 3/11/08). The Shanghai Composite Index is off 30% since the beginning of 2008, and property prices have started falling in several major cities. China's heavy economic involvement with the internationally unpopular regime in Sudan (BusinessWeek, 2/13/08), and most recently the bloodshed in Tibet (BusinessWeek, 3/17/08) threaten to spoil the country's Olympic parade.

Now comes the U.S. bear market and housing collapse. If you heap this looming U.S. recession onto the litany of China's other woes does it spell a recipe for a total China meltdown? Don't bet on it. In fact, analysts say that the question of decoupling—the notion that China is contagion free from a global slowdown—is actually a misnomer, since "historically, the Chinese economy has never been coupled," says Jonathan Anderson, Asian chief economist at UBS.

So questions of semantics aside, what's really going on? The answer is that while China is widely viewed as an export powerhouse, selling everything from garden gnomes to laptop computers overseas, most of its economic growth is still fueled by domestic investment and consumption, neither of which has shown much sign of slowdown so far. Anderson reckons that China's gross domestic product growth will slow to 10% this year, down from 11.4% in 2007, hardly the kind of slump to cause serious concern for Beijing.

A More Open Economy
Still, the Chinese economy is far more open than it was during the last U.S. recession of 2001. Back then, exports accounted for just 8.4% of gross domestic product and today it's about 40%. The European Union is China's biggest export market, with 20%, just ahead of the U.S. with 19%, while Japan and the rest of Asia take 25%, says Michael Spencer, Asia chief economist at Deutsche Bank. He's estimating growth will slow to 9.5% this year, but only half of that decline will be due to a slower increase in the growth of China's trade surplus.

The reason the linkages from the trade sector to the rest of the economy aren't greater stems from the fact that domestic content only accounts for 25% of exports. Another is that although the export sector accounts for 80 million jobs, the sector most likely to get badly hurt is light manufacturing, which accounts for about 6.5% of total employment in China, while the export sector as a whole accounts for just 5% of total investment, says Anderson.

Bear in mind too that China continues to amass huge amounts of foreign exchange. In January alone reserves jumped $61.6 billion, bringing the country's cash hoard to $1.589 trillion. That's quite a pile available to the government should the need arise to prime the pump of an ailing economy. But that is highly unlikely, says JPMorgan (JPM) China economist Frank Gong. "Investment growth, loan growth, consumption growth, and China growth are strong," he says.

The Chinese proclivity to sock away huge amounts of savings provides a further cushion to a downturn. That means the disturbingly high degree of leverage that got U.S. hedge funds and households into the subprime mess is a problem quite unknown in China where the minimum mortgage down payment is 30%. "Residential mortgages are probably the best asset in the banking sector," says Ryan Tsang, senior director of banking research at Standard & Poors (MHP).



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China becomes 3rd machinery equipment supplier to Brazil

(Xinhua)
Updated: 2008-04-09 14:10


China has become Brazil's third largest machinery equipment supplier, with its machinery exports to Brazil surging nearly 150 percent to $364 million in the first two months of 2008, the Brazilian machinery builders association said Tuesday.

In the period under review, Brazil imported machinery equipment worth $3.27 billion, a 66.1-percent increase year-on-year, according to figures released by the association.

The United States is Brazil's largest machinery equipment supplier, exporting $835 million worth of equipment to the South American nation. It is followed by Germany with an export value of $465 million.

The vice president of the Brazilian Machinery Builders' Association, Jose Velloso Dias Cardoso, said: "Three years ago, China was the 15th supplier of machinery equipment to Brazil. However, by last year it had already climbed up to fourth place, and this year China took a further step by ranking third, after only the US and Germany."

The president of the Brazil-China Chamber of Commerce and Industry, Charles Tang, said made-in-China machinery equipment is gaining popularity due to their high quality and low prices.

This is highlighted by a recent announcement from Brazilian metal and steel producer Gerdau S.A. that it is ready to import Chinese machinery equipment worth $250 million.

Media reports predict China will overtake Germany to become the second largest machinery supplier to Brazil by the end of this year.

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World Economic Forum on Latin America Opens in Cancun


• The World Economic Forum on Latin America opens, with more than 500 participants from 40 countries.
• Latin America is in a better position than ever to withstand a downturn in the global economy.
• China and other emerging Asian economies are natural partners for Latin America.
• The meeting offers the opportunity for Latin American business, government and civil society leaders to exchange ideas and develop regional approaches to global challenges.

... ...

A key factor contributing to Latin America’s more robust economic position is the sharp increase in recent years of trade and investment between the resource-rich countries such as Chile and emerging Asian economies such as China and India that are heavy consumers of energy and raw materials. “We are here because of Latin America’s economic development and social progress,” said Guo Shuqing, Chairman of China Construction Bank, the second largest state-owned Chinese bank. With the Chinese economy continuing to expand rapidly to the point of overheating and the Chinese looking to invest more abroad, Latin America should be a natural partner for China as it addresses the growing challenges of food and energy security and rising inflation, Guo reckoned.

... ...

To read the entire article, please go to http://www.weforum.org/en/media/Latest%20Press%20Releases/LatinAmerica_Opening_PR.

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Law Firms Hiring Attorneys with Expertise in China

Law firms in the U.S. and the U.K. are planning major global expansions, particularly in China. That’s according to a recent survey conducted by the Law Firm Services Group of PricewaterhouseCoopers’ Private Company Services practice. The study finds that law firms both here in the U.S. and across the pond have made significant investments in China and are projecting more than 10% profit growth there in 2008.

More and more corporations are expanding in China. Amid that growth, Executive search firm, A.E. Feldman, reports there is a growing need for U.S. legal services in China as more American companies seek business there. In fact, a number of law firms have already begun staffing up their offices in Beijing, Shanghai and Hong Kong. A.E. Feldman says attorney jobs are opening up at the Senior Associate and Partner level for candidates who are bilingual and have experience in Asia. Among the practice areas in greatest demand: securities, M&A, public and private offerings, private equity and intellectual property. Firms are willing to pay top dollar for candidates who meet these specific needs.

The rising economic tide in Asia as well as the Middle East and Russia, will affect how law firms expand, according to PwC. Stanley Kolodziejczak, Co-Chair of the PwC Law Firm Service Group says, “We expect to see a number of emerging trends including increased profitability of U.S. firms’ foreign offices as they mature, a more in-depth focus on firms opening in China and additional focus on human resource initiatives relating to lateral attorneys and retention issues.”

Expanding in China


Global law firm, Nixon Peabody, recently announced it has opened an office in Shanghai, China. Attorneys in the firm’s China Group are advising clients on how to structure venture capital and private equity investments in China, resolve business and trade disputes, protect and enforce clients’ intellectual property rights, and structure and document acquisitions of Chinese domestic companies.

Scott M. Turner, a Managing Partner of the firm, says the new office positions the firm to help area businesses compete in China - the world’s largest marketplace. In a statement, Nixon Peabody’s Chairman, Harry P. Trueheart, says “Our new Shanghai office offers unique opportunities for our clients’ growing business needs as we help U.S. companies understand and navigate the complexities of doing business in China.”

Diaz, Reus, Rolff & Targ is another international law firm that recently announced its foray into the Asian legal market with an office in Shanghai, according to The National Law Journal. The report quotes the firm’s Managing Partner, Michael Diaz Jr., as saying, “As the world continues its move toward globalization, we feel there is an undeniable and dynamic opportunity in China, because of its successful and consistent trade with Latin America and the Middle East in the rapidly expanding global economy.”

Fulbright & Jaworski has expanded its Asian presence with the addition of five lawyers in Beijing and Hong Kong. The firm established an office in Hong Kong back in 1990 and opened its Beijing office in 2006.

“We are growing and adding depth to our international offices in order to serve better our global clients,” said Steven B. Pfeiffer, Chair of Fulbright’s Executive Committee. “With our presence in Asia, the Middle East, Europe, the United Kingdom and the United States, we believe that we are strategically located where our clients need us to be. An important component of our firm’s international practice involves our representation of clients engaged in business in China.”

Fulbright’s core practice areas in Asia include cross-border transactions, corporate mergers and acquisitions, energy and infrastructure projects and finance. “China continues to be a dynamic and important market for our clients as their global businesses expand,” said Jeffrey A. Blount, Head of Fulbright’s Hong Kong and Beijing offices and Co-Head of the firm’s international practice. “Our presence in Asia is key for our clients, as we continue our long history of cross-border work and build on our strengths.”

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FDA may station inspectors in China



WASHINGTON -- The U.S. Food and Drug Administration has announced plans to place regulators in China, pending approval from the Chinese government.

The agency said Friday the State Department had approved a plan to establish eight full-time, permanent FDA positions at U.S. diplomatic posts in China. The FDA also plans to hire five Chinese employees to work with the FDA at the U.S. Embassy in Beijing and the U.S. Consulates General in Shanghai and Guangzhou. "Our efforts to fill permanent FDA positions in China are a significant step toward ensuring access to safe food, drugs and medical devices in the global market," said Murray M. Lumpkin, the FDA's deputy commissioner for international and special programs.FDA may station inspectors in China

Source:  www.ChinaPost.com.tw.
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Growing Trade Ties China to Latin America

Growing Trade Ties China to Latin America
by Julie McCarthy

China is emerging as an economic powerhouse throughout the world-- including in the backyard of the United States.

Hungry for trade with mineral- and agriculture-rich Latin America, the Chinese are binding themselves closer with the continent, snapping up commodities such as Brazilian soy and Chilean copper in record amounts.

In Brazil, the soy bonanza is changing the fortunes of soy farmers, as well as the landscape.

King Soy

In the steamy state of Mato Grosso that straddles Brazil's midsection, soy rolls over the earth like an endless bolt of green velvet.

If soy is king in this state — which produces one-quarter of the country's crop — farmer Erai Maggi is the kingmaker. The 48-year-old soy tycoon started out with one tractor and 250 acres. Today his combined farms total half a million acres.

A battalion of Case Harvesters rumbles across one of his 100,000 acre farms, evoking a scene from Star Wars: gargantuan metal creatures moving with relentless precision over the land. Above the din of the harvest, a ranch hand delivers some unexpected good news.

"The yield is up," he tells Maggi. One of Maggi's nephews quickly does the math and says it's now 1.4 tons per acre, while the state's average is 1.1 tons.

Relatives in this lucrative family business surround Maggi, offering facts he says he can't be bothered with. Like how much he's worth, or whether he has overtaken his cousin, Blairo Maggi, the governor of Mato Grosso, as the state's biggest producer.

Erai Maggi openly credits China for his expanding empire. On a tour of his farm, he says sales to China spurred 20 percent growth, reviving the fortunes of his company, called "Bom Futuro" (Good Future).

"Two years ago, we thought of scaling back our planting," he says. "But then China started buying our soy. It was our salvation; otherwise we'd be in a mess. So we have to thank China."


Becoming Partners

Because of the growing demand for soy, which is a key nutrient for poultry, swine and cattle, the price has risen from $150 a ton to $300 a ton. But China keeps buying because it has to provide nourishment for its increasingly prosperous middle class.

Raw materials like soy and iron ore form the basis of Brazil's skyrocketing exports to China, which doubled in just three years.

Welber Barral, Brazil's secretary of international trade in the Ministry of Development, Industry and Trade, says China has become "a very important partner to Brazil. In fact, China became the second partner to Brazil after the United States."

Barral also notes that as their commercial ties intensified, 6 percent of all Brazilian exports went to China last year, while 10 percent of all imports came from China. But Barral says Brazil's new trade deficit with China may actually be beneficial for many Brazilians.

"Because we have this sense that it reduces inflation and gives more opportunity for the poor population of Brazil that [now] has cheaper goods," he says. "On the other hand, as a principle, we don't have to reduce the 10 percent imports from China; we have to increase our exports to 12 percent."

China's ambassador to Brazil, Chen Duqing, says the Chinese and Brazilian economies are "mutually complementary" and insists that with China as a partner, Brazil will reduce its dependence on the U.S. market.

At the same time, Duqing acknowledges that he has had to address apprehensions among some business circles in Brazil that a lopsided commercial relationship may be developing.

"They are claiming before my arriving here that China is invading with products," he says with a laugh. "But I told them, 'You know, we understand globalization. Commercial exchange is inevitable. You must buy, we must sell.'"

The Chinese have been outselling Brazilians in sectors such as shoes. By one estimate, done by the Brazil-China Business Council, Chinese competition is responsible for Brazil losing more than 90 percent of its shoe sector in the U.S. market.


Feeling Friction

Sergio Amaral, former Brazilian ambassador to France, says China is as big an opportunity as it is a threat. He cites such unfair competitive practices as dumping in the textile sector, in which he says suits priced at just $1 are entering the Brazilian market.

Amaral says the "big challenge" for the 21st century is "how countries will react to these dislocations — whether it will be possible to accommodate China or whether this emergence will bring about friction and conflict."

Friction is already stirring. China imports far more raw materials from Brazil than manufactured products. In addition, China has not kept President Hu Jintao's promise to make sizable investments in South America, and attitudes are hardening.

Soy farmer Erai Maggi says he is very keen to see China invest in Brazil's long-neglected roads and railways, which make transport costs five times what they are in the United States. But he's skeptical.

"China investing in infrastructure here?" Maggi asks. "I haven't seen a cent of that. Who from China is going to invest? All I hear is talk — just like a parakeet."

The China-driven soy boom also has alarmed environmentalists who say it has pushed farming northward into the Amazon rainforest and changed the quality of the region's rivers. "We are basically changing nature for money in Brazil," says conservationist Adalberto Eberhard.

But the Chinese ambassador, Duqing, says China isn't Canada. He says developing economies that try to industrialize pollute and that every country must find its own way to reconcile development and damage to the environment.

'A Different World'

In the broader frame, the U.S. market share in Brazil has declined the past five years as China's has surged. Rubens Barbosa, former Brazilian ambassador to Washington, says the United States' focus on the war in Iraq made it possible for newcomer China to begin to eclipse the United States in its traditional sphere of influence.

"Other countries are benefiting from this growing lack of presence, not to say interest," he says. "And other countries, Brazil and China, are taking over in Latin America."

Despite the anxities about a rising trade deficit with China, many Brazilians have a sense of expectation now with their economic destiny linked to the Chinese. Many feel their rising economic prowess is putting them on the path to the developed world.

Meanwhile, Amaral says, a partnership between such developing powerhouses as Brazil and China has the potential to change the world in unprecedented ways.

"This superpower, the United States, is facing some checks and balances and that is positive," he says. "A different world is in the offing."

A world that Amaral says is less unipolar and more democratic in its decision-making.

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China steps forward as Venezuela's key oil buyer


29 February 2008
Reuters News
By Chen Aizhu


BEIJING, Feb 29 (Reuters) - China could be the near monopoly buyer of Venezuelan fuel oil after Beijing stepped up financial aid to cash-strapped Caracas, but it will be years before higher volumes of crude from the OPEC member begins flowing East.

Venezuela is struggling with multiple problems including a cash crunch caused by President Hugo Chavez's use of oil money to fund socialist projects, surplus fuel oil due to refinery outages and must seek alternative buyers for the crude it stopped shipping to Exxon Mobil Corp due to a legal row.

In an unprecedented move to ease its cash squeeze, state-run PDVSA had asked for $1 billion upfront payment in a tender to sell eight fuel oil cargoes of 1.8 million barrels each. The tender was scrapped when potential buyers balked, but PDVSA is still holding talks with PetroChina, traders said.

If a deal comes through, it would mean China soaking up nearly all the Venezuelan fuel oil exports to Asia and raise term imports by the world's second-largest oil consumer by a further 20 percent over a year, traders said.

"If prices are really attractive, yes, we do have the appetite to take more fuel oil. But that also means PDVSA cutting back supplies to other buyers as that is about all they can export," said a PetroChina trading manager, who declined to be named.

China, which is keen to secure long-term supplies to meet its surging demand, has more than doubled liftings of Venezuelan fuel oil, a heavy residue used to power ships and make road-paving bitumen, since fourth-quarter 2007.

The increased supply, now at 5.5-7.3 million barrels a month, started around the same time as Beijing-backed China Development Bank granted Caracas a $4 billion loan for which PDVSA said it would repay in fuel oil.

PetroChina, China's main proxy in energy deals with the Latin American nation, also aims to raise crude oil imports from Venezuela by a quarter or more this year to at least 100,000 bpd.

The combined supply of fuel oil and crude would be near Chavez's promise to supply China 350,000 bpd by the end of this year, roughly 5 percent of China's total oil demand.

Victor Shum, of Purvin & Gertz, said it would be economic suicide if Caracas were to significantly shift away its crude supply from the United States now, as China did not yet have the capability to refine its highly acidic and high-metal oil.

The U.S. buys most of Venezuela's exports to meet around 11 percent of its daily imports, but relations have been prickly and Chavez early this month halted oil sales to Exxon Mobil. The top U.S. firm recently won court orders freezing up to $12 billion in Venezuelan assets to ensure compensation for an oil project Chavez nationalised last year.

But Beijing and Caracas have the political and commercial drive to push forward Chavez's pledge in November to boost supply to China to 1 million bpd by around 2011, or 13 percent of current Chinese oil demand.

"China wants to diversify sources of supply. Venezuela is a partner with open arms," Shum said.

"We are going to see more investments in the coming years, such as a joint venture refinery in China, for Venezuela to increase crude exports significantly," he added.

PETROCHINA'S AIMS

A boost in fuel oil supply would provide ammunition to PetroChina's ambitions to become a leading player in Singapore, the world's largest marine fuel market where the Chinese state giant owns a 2 million-barrel storage facility.

The trader ships about half its Venezuelan imports into China's booming domestic marine fuel market.

China also appears to be in a position to press Caracas to lower prices for its crudes, which are of poorer quality compared to rival heavy grades from Saudi Arabia and Iran. Beijing has significantly boosted term supplies for 2008 from the two leading Middle Eastern producers.

But even at lower prices, China's ability to process Venezuelan crude would be limited.

"Most of the Venezuelan crudes are consistently high acid, high metals and high sulphur. Not many refineries can run these," says Al Troner, head of Asia Pacific Energy Consultancy.

Almost all the 82,000 bpd Venezuelan crude China imported for 2007 ended up in processing for bitumen, demand for which is growing under China's heavy spending on roads and bridges.

(Additional reporting by Maryelle Demongeot and Yaw Yan Chong in Singapore; Editing by Ramthan Hussain)

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Ecuador, China Petroriental Reach Accord on Oil Blocks



3 March 2008
Latin America News Digest


The Ecuadorian Government and China's oil company Petroriental SA have finalised the renegotiation of the firm's contract for blocks 14 and 17 in Ecuador, Oil and Mines Minister Galo Chiriboga said on March 2, 2008.

Petroriental's participation contracts for the blocks 14 and 17 were to expire in 2012 and 2018, respectively.

The draft contract has been sent for review to Ecuador's President Rafael Correa after which it will be signed by the ministry and Petroriental.

The company agreed with the renegotiation terms set by the government, which included a better share for the state in the crude oil production and revenue, the minister said. In addition, Petroriental will increase its investments and production.

The state plans to allow private companies to obtain 30 pct of the extra oil revenue, which derives from the high oil prices, in addition to the revenue established in each contract. However, this situation will change in five years at the latest because of a clause in the new contracts that the operators should “migrate” from participation contracts to services contracts once their investments are paid off.

The government aims to sign services contracts under which the state pays private companies for the produced oil.

Petroriental is owned by China National Petroleum Corp and Sinopec.

Source: El Universo , El Universo (DH/RG/DH)

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Chinese Ambassador to Chile Praises Soaring L America-China Trade

Chinese Ambassador to Chile Praises Soaring L America-China Trade
March 03,2008

Chinese Ambassador to Chile Liu Yuqin praised the rapid trade growth between China and Latin America in an article published by Chilean newspaper La Nacion on March 2.

"In today's ever-more polarized world, Latin America and China, which are both developing, have to make joint efforts to confront the great challenge of a globalized world," the ambassador said.

China imported goods worth 10 billion U.S. dollars from Chile last year, with copper topping the list, to replace the United States as the country's top importer.

Liu said China-Latin America trade reached 93 billion dollars in the first 11 months of 2007, substantially higher than the 70 billion dollars in 2006 and 50 billion dollars in 2005.

The United States and other developed nations must work harder to reduce greenhouse gas emissions, Liu also said.

"China and the developing nations are improving the living conditions of their people. Developed nations already have a very high standard of living. The U.S and developed nations have a greater responsibility in reducing greenhouse gas emissions," she said, pointing out that the Kyoto agreement on greenhouse gases had enshrined the principle of different treatment for developed and developing nations.

On the energy issue, she said, "Petrol prices in China have risen fast. Due to its rapid development, China needs energy. But the bulk of our energy is supplied by our own resources."



(Source: Xinhua March 2)
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Bring on the Chinese

Bring on the Chinese

Chinese firms are heard well advanced with schemes to take a larger slice of Latin America, the origin of much of the natural resource fuel feeding the Asian tiger's sustained expansion. Building on existing joint ventures, China should become a more dominant outright acquirer, particularly in energy and commodities. This will likely be followed by M&A in the financial sector as China tightens its grip on the region.

LatAm should not fear the invasion. The competition is positive, not just as an added source of investment. The benefits of trade work both ways, particularly as LatAm emerges as a significant player in global business, propelled by a rising number of free trade agreements.

Asia is a low cost producer of manufactured items like electronics, textiles, and clothing – for which there is a growing LatAm market. Diminished vulnerabilities owing to floating currencies, reserve accumulation, trade/current account surpluses, and reduced fiscal deficits in the bigger countries make the region a much more attractive trading partner for Asia.

Standard Chartered cites WTO data showing the value of LatAm exports hitting $355 billion in 2005, rising 25% year-on-year and growing at an annual average rate of 13% for 2000–2005. This is mostly agricultural and fuel/mining products, with a third destined for the US. The share of LatAm's exports to Asia rose to 13.4% in 2005 from 9.7% in 2000, and exports to China in particular grew at an annual average pace of 20% for 2000-2005, says Standard. The trend continues.

In 2006, China was one of the top five export destinations by value for Argentina, Brazil, Chile, and Peru, buying almost $20 billion from those countries. But surprisingly, imports from China to LatAm are even more significant, says Standard Chartered. In 2006, China was one of the top five trading partners for those four LatAm nations, plus Mexico and Colombia, who collectively shipped in a total of $37.2 billion.

Recent Chinese government data show trade with LatAm exceeding $100 billion in 2007, more than the target the Asian nation had penciled in for 2010. And it is not all about China. South Korea is a major trade partner, especially for Chile and Mexico. This is quite a leap from just a few years back, when trade would have been dominated firstly by neighboring countries in the region, then by the US and Europe.

In exchange for its soybeans, copper and crude – all of which look set to hold firm for the foreseeable future – LatAm has a lot to gain from stronger ties to Asia. As the US falters, it makes sense for the region to bolster links to its fellow fast-expanding emerging markets to the east, not just China. Diversification and vigorous trade work to the benefit of the entire region.

http://www.latinfinance.com/
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Briefing on Uruguay-China Bilateral Import and Export 2007


2008/02/20 10:51:48
MOFCOM

According to the statistics of the Uruguayan customs, the total value of Uruguay-China bilateral import and export amounted to US$703 million in 2007, up by 34.82% year on year, out of which the Uruguayan export to China was US$163 million, down by 4.08% year on year; its import from China was US$540 million, up by 53.64%, and trade deficit was US$377 million, up by 108.2%.

Since the two countries established their diplomatic relations 20 years ago, the bilateral import and export reached the best level in 2007, with an increase of 34.82% than that of 2006. Uruguay mainly exports wool, leather, frozen fish and soybean and other primary products to China, among which its wool export steadily dominated the first place, or 51.2% of its total export value; its export of beef increased by 216.2%, accounting for 3.2% of its total export; its wine was exported to the Chinese market for the first time. Influenced by the factors of supply and demand, its export of leather, frozen fish and soybean and other primary products dropped.

Uruguay mainly imports industrial finished products, such as household appliances, mechanical and electrical products, automobiles and fertilizer. Increase sees on import of all kinds of goods in 2007 that increase of chemical and industrial products, automobile, mechanical and electrical products, and clothing exceeding 70%. Since Uruguay has low added value export goods, its import from China surges and leads to further enlarging bilateral trade deficit.

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Latin America-China trade surpasses goals

Posted on Thu, Feb. 14, 2008

BY ANDRES OPPENHEIMER
aoppenheimer@MiamiHerald.com


Wow! Trade between China and Latin America has exceeded the most optimistic forecasts, surpassing in 2007 the levels that Chinese officials had projected for 2010.

According to new Chinese government data, commerce between China and Latin America reached $102.6 billion in 2007. When Chinese President Hu Jintao visited Latin America four years ago, he made big headlines by saying that his country would try to increase trade with the region to $100 billion by 2010.

''This is very significant,'' said Evan Ellis, author of a forthcoming book on China-Latin American relations who alerted me to the new trade figures that have gone largely unnoticed since China's Commerce Ministry released its 2007 year-end figures Feb. 4.

But there was little change in the products that China traded with Latin America: China continues to buy mostly commodities such as copper, soybeans, iron ore and fish meal from Latin America, while it is selling increasingly sophisticated goods to the region...

To read the entire article, please visit http://www.miamiherald.com/news/columnists/andres_oppenheimer/story/418632.html

 

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Brazil and China: An Uneasy Partnership


“Brazil and China: An Uneasy Partnership”


Amaury de Souza
Senior Partner
MCM Associated Consultants
São Paulo and Rio de Janeiro


Introduction

In 2005 Air China started weekly flights between Beijing and São Paulo, inaugurating the first direct air route between China and Latin America operated by a Chinese carrier. The event symbolizes the astonishing growth of China’s economy and its seemingly insatiable hunger for commodities that has pushed it to forge new ties with countries in Latin America.

Brazil occupies a special place in the region in its relations with China. It was labeled a strategic partner in 1994, the first South American country to receive the designation, and it is China’s largest trade partner in Latin America.

Although Brazil traded with China before 1949, diplomatic relations were established only in 1974 and blossomed after Chinese President Jiang Zemin’s tour of the continent in April 2001. Bilateral relations were further strenghtened by President Lula’s visit to China in 2004, followed by the visits of President Hu Jintao and Vice President Zeng Qinghong in 2004 and 2005, respectively.

China's booming market has helped Brazil to greatly expand exports and to balance its trade accounts. Brazil's exports to China jumped from $676 million in 1999 to $10.7 billion in 2007, producing sizeable surpluses. During President Hu Jintao’s November 2004 visit, Brazil and China signed a bilateral trade partnership, hoping to propel the development of both nations, and Brazil conceded market economy status to China.

Geopolitical ambitions have also been important in the establishment of closer relations between the two countries. Brazilian diplomacy under President Lula has viewed China’s rise to global power as a means to counterbalance United States influence. Brazil also courted Chinese backing in its bid for a permanent seat on the United Nations Security Council.

Recently, Brazil’s eagerness to promote closer relations with China has been moderated by the realization that it is a double-edged sword. China’s spectacular growth rates have produced a booming demand for Brazilian commodities. But the ensuing surge in imports of Chinese goods has shown that China is also a formidable competitor to Brazilian manufacturers. Also, Chinese investments in Brazil’s infrastructure have been slow to materialize.

Likewise, diplomatic dreams of a strategic alliance with China to provide some balance to United States power or to advance trade negotiations at the Doha Round of the World Trade Organization (WTO) have been downscaled and are likely to be replaced by a more realistic foreign policy stance.

The bottom line is that China represents as much a threat to, as an opportunity for, Brazil. Increased competition from China is likely to adversely affect Brazilian exports in third markets and to displace inefficient producers at home. By the same token, China’s pursuit of its national interests will hardly be diverted by occasional efforts to join forces with Brazil in multilateral fora or by rhetorical adherence to a South-South strategic alliance. China’s success poses a challenge that Brazil can only hope to meet by increasing its own competitiveness.

To Read Full Text Click Here http://www6.miami.edu/hemispheric-policy/FinalVersionDeSouza21408.pdf


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Hong Kong Welcomes SWFs


BUSINESS
FRIDAY,
FEBRAURY 1, 2008


HONG KONG WELCOMES SWFS
CHINESE REGION’S CHIEF EXECUTIVE KEEN ON PARTNERSHIP WITH DUBAI
BY FRANCIS MATTHEW
Editor at Large

Dubai Sovereign wealth funds (SWFs) and all other investors were welcomed to Hong Kong by Donald Tsang, chief executive of Hong Kong, at the end of his successful week long visit to the Arabian Gulf.


“I welcome any funds, I do not label them as sovereign or otherwise, but I want stable investors,” he told Gulf News.


“Sovereign funds are a stabilising force and are better tan commercial lenders, who can take away their money when it is most needed. Sovereign funds are loyal and they are mostly passive investors,” he added.


He added that political worries about sovereign funds were often out of place. “Those people who are worried about sovereign funds are very large political bodies like the United States.” Do you think anyone can push the USA around? Come on!” he commented dismissively.

Fruitful visit


“We have been looking for investors in Hong Kong and China, and this part of the world offers and excellent range of investors.


They have been hesitant so far to go into the mainland market, and we are the ideal intermediary,” Tsang said.


“But we now believe that the time ahs come to look for new sources of funds, and link them to the enormous opportunities for development we see in the mainland of China,” he said, referring specifically to the Arabian Gulf investors.


“All the ingredients are there for a good partnership between the Middle East and ourselves”.

Opportunities


“We have been custodians of an enormous amount of money in the securities markets,” he said referring to the Chinese surpluses, but added that “this money has never been enough to match the opportunities,” referring to interest in infrastructure such as ports, roads, and power generation and transmission, housing and real estate and trading.


Tsang also spoke of a specific opportunity with Dubai through the DIFC and the Hong Kong financial markets.


“Dubai is very advanced and very ambitious and they are doing what Hong Kong is doing.
“There is an enormous opportunity for partnership since we are not chasing the same catchment – they are looking at the Arabian Peninsula and we are looking at China and East Asia. We are still half a trading day apart. So there is a lot we can do together without any issues of competition”.

His comments were made at the end of what he called a “fruitful and exciting” seven day visit to the Arabian Gulf, which included Kuwait, Riyadh, Aby Dhabi and Dubai.
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Outlook 2008: The Latin American Economy is 'Muy Caliente'

Posted By admin On January 8, 2008 @ 11:21 pm In Latin America, Home Page | Comments Disabled

Editor’s Note: This is the 10th Installment of an Ongoing Series Highlighting the Global Investing Outlook for 2008.

By Mike Caggeso
Associate Editor

If 2007 proved one thing, it was that - next to China and India - Latin America is the world’s next great emerging market.

The 19 countries in the Latin America-Caribbean region saw their Gross Domestic Product (GDP) advance at an average pace of 5.6% last year - marking the fifth-straight year of continued growth for a region historically known for its economic volatility.

Poverty in the region declined 35% in 2007, according to the [1] United Nations Economic Commission for Latin America and the Caribbean (ECLAC). On top of that, unemployment fell by 8% last year.

And Latin America’s rich commodity reserves and growing middle class drove a good portion of that growth. That’s no small point, given that it proves the region is increasingly able to sustain itself, especially now that the turbulent U.S. credit crisis is hamstringing the American economy and thus threatening other countries’ exports.

As it did in 2007, Latin America’s projected growth for this year makes it a region where investors need to be.

Diverse Growth Across the Spectrum
A broad spectrum of political leaders - from Felipe Calderon of Mexico to [2] Hugo Chavez of Venezuela - are operating within the boundaries of Latin America, and [3] their economic policies often bump heads.

Furthermore, each region of Latin America has a different catalyst driving its economy: It’s oil and natural gas for Venezuela and Bolivia, the service sector for Peru, copper for Chile [it accounts for nearly one-third of the world’s supply], agriculture for Mexico, and so-called "soft commodities" for Argentina.

But the elephant in the room is Brazil, [4] the largest economy in Latin America and the ninth largest in the world. And Brazil’s economy is sizzling. According to the [5] International Monetary Fund, real GDP growth clocked in at 4.5% in 2007, topping the 3.75% growth of 2006. And, as of May, the 12-month CPI inflation was 3.2%, well below the IMF’s target of 4.5%.

Much like India - though on a smaller scale in terms of population - the economy of Brazil is driven by organic growth, thanks largely to that South American country’s big industrial markets, its manufacturing base, and its wealth of soft commodities - sugar, corn, soybeans, wheat -which are all rising in value because of growing worldwide demand.

Seeing dollar signs, many have left Brazil’s crowded coastline metropolises to grow these commodities.

"Brazil experienced urban migration for the past 20 years and that’s starting to reverse because of the agricultural growth that’s happening," Alexander Carpenter, vice president and senior credit officer for Moody’s Latin America Ltd., told Money Morning.

Export growth has caused trade surpluses to balloon, and the government’s tight fiscal policies have resulted in budget surpluses and declining public debt.

"Executive directors commended the authorities for the strong performance of Brazil’s economy, which-against the backdrop of a favorable global environment-has been reaping the benefits of an impressive fiscal effort, sound monetary policy, and a reduction in vulnerabilities," the IMF said.

Brazil’s all-around growth is fostering the expansion of a vast middle class that is, in turn, reinvesting its capital back into the country’s massive service sector, and stock market.

Moody’s Carpenter said more than 40 companies in Brazil went public in 2007.

What Will Move Latin America in 2008?
Money Morning Contributing Editor [6] Horacio R. Marquez, an emerging-markets specialist and Argentine native, said Latin America’s growth is contingent on three factors:

The price of commodities/global growth: Continued growth in China, India and other emerging markets can only further stoke the already high demand for commodities. For example, China’s consumption of iron ore is one of the top reasons why the share price of Brazilian mining company Vale ([7] RIO), formerly Companhia Vale do Rio Doce, more than doubled last year.


The "second wave" of profits: This refers to the countries’ ability to keep driving their economies by increasing their internal consumer growth and demand.


The health of the U.S. economy: If anything tugs at Latin America’s growth, it’s the region’s economic ties with its trading partners, especially the United States. It wasn’t a coincidence that [8] when the U.S. greenback declined last year, the [9] Brazilian real dropped in virtual lockstep. A wild card here is how the subprime fallout plays out in Europe, another key sales destination for South American exports.


Investors can dodge this potential trap by avoiding currency trades, as well as the shares of Latin American companies whose primary customer is the United States. Instead, investors should focus on Latin America’s wealth of commodities [which are in demand in nearly every world market], and companies that profit from the region’s growing middle class.

Profit Plays for the New Year
Let’s look at each sector, as well as the potential profit plays:

Energy: Latin America’s appetite for energy is nothing short of ravenous. As of now, three-fourths of the country’s electricity comes from hydroelectric power. That figure will be higher in 2012, when the region’s largest hydroelectric project, [10] the Santo Antonio Dam, will begin producing electricity. Santo Antonio is the first of three Amazon River dams the government hopes will wane Brazil’s need for fossil fuels. Until then, however, Brazil’s state-controlled oil-and-gas company, Petroleo Brasilero SA ([11] PBR), also known as Petrobras, will continue to meet the demand.
Food/Retail: As Latin America’s population and middle class expand inland from its coastal metropolises, the food and retail sectors are some of the first to profit. One company that’s been profiting from this population-and-development trend is the Companhia de Bebidas das Americas, also known as AmBev ([12] ABV), a $45 billion Brazil-based beverage powerhouse that produces, sells and distributes beer, draft beer, malt, soft drinks, sport drinks, iced tea and water throughout Latin American and the Caribbean. Similar, though smaller, the Companhia Brasileira De Distribuicao ([13] CBD) is a food retailer with more than 550 supermarkets, home appliance stores and convenience stores throughout Brazil.


Mining: South America is stuffed with metals. And with commodity prices soaring, this is a good market to be in. As mentioned earlier, Vale is making a killing feeding China’s appetite for iron ore. It’s the second-largest mining company in the world, and the largest producer of iron ore and nickel. The Phoenix, Ariz.-based mining giant Southern Copper Corp. ([14] PCU) heavily taps South America’s rich copper mines. Though based in the United States, this company has all of its mining, refining and smelting operations in Mexico and Peru. With this stock, however, investors are subject to the volatility of the U.S. markets, which don’t look very promising in the first half of the year.


Banking/Real Estate: According to Money Morning’s Marquez, "when the [Brazilian] economy expands, [banks] do fantastically well." And the same goes for real estate. Some of the first banks to profit from the growth of the middle class are Banco Bradesco SA ([15] BBD), Uniao de Bancos Brasileiros SA ([16] UBB) - also known as Unibanco - and Banco Itau Holding Financeira SA ([17] ITU). "Buy them and go to sleep," Money Morning’s Marquez said. But white-knuckle speculators may want to roll the dice on Gafisa SA ([18] GFA), a homebuilder based in Sao Paulo, Brazil.


ETFs: Investors who are wary of investing directly in foreign companies have a few exchange-traded funds to choose from. The iShares Standard & Poor’s Latin America 40 Index ([19] ILF), which tracks highly liquid securities in Mexico, Brazil, Argentina and Chile, ended 2007 with a 44% gain. There’s also iShares MSCI Brazil Index Fund ([20] EWZ), a capitalization-weighted index that aims to capture 85% of the total market capitalization in Brazil. It invests in a sample of securities and is reviewed quarterly. Last year, it gained a healthy 72%.

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Chinese miners continue Latin American shopping spree


Posted By Gill Montia On Thursday, January 31, 2008 @ 11:04 am In Mining Company News | Comments Disabled

China is continuing to acquire some of the last remaining big mines in Latin America, in a bid to secure the future of its fast growing economy.

The country currently produces less than half the copper and less than 70% of the alumina it uses, and while Chinese mining companies are looking worldwide for acquisitions, Latin America offers less risk than some other regions.

China has, for example, invested billions of dollars in Africa in recent years but political and civil instability combined with a lack of infrastructure continues to hinder production on the continent.

On the other hand, Latin America has a long mining history and sound regulatory frameworks for overseas companies, plus the ability to transport straight across the Pacific Ocean.

In terms of opening up new overseas reserves Chinese companies have the advantage over their Western competitors because they can create new mines at up to 50% less cost, by importing everything from vehicles to staff.

China has already acquired some of the biggest remaining mines in Latin America; only this month Jinchuan Group, China’s largest nickel producer, bought Mexico’s largest unexploited copper-zinc deposit, from Tyler Resources of Canada.

Jinchuan Group is also reported to be in talks with Petaquilla Minerals about its undeveloped copper property in Panama.

In December, China’s Minmetals and Jiangxi Copper acquired Canadian owned Northern Peru Copper Corp, and in June of last year, Aluminum Corp of China agreed the purchase of Peru Copper, owner of the Toromocho property, which has the potential to become one of Peru’s largest copper mines in the next four years.


--------------------------------------------------------------------------------

Article printed from Metal Prices @ Metal Markets: http://www.metalmarkets.org.uk

URL to article: http://www.metalmarkets.org.uk/2008/01/31/chinese-miners-continue-latin-american-shopping-spree/

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Global downturn won't hit China badly

Global downturn won't hit China badly
By Wang Xu (China Daily)
Updated: 2008-01-25 07:45


China's economy will experience only a moderate slowdown in 2008 because its diversified exports and strong domestic demand will help it stay resilient amid a weakening world economy, economists said yesterday.

"We expect the Chinese economy to grow by 10 percent this year despite a US-led global economic slowdown," said Liang Hong, an economist with Goldman Sachs in Hong Kong. "Strong domestic demand, especially investment growth, is expected to sustain the overall GDP growth, though the export growth is set to slow down."

To read the entire article, please visit http://www.chinadaily.com.cn/bizchina/2008-01/25/content_6419960.htm.

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China replaces U.S. as Chile's biggest export destination

16:41, January 23, 2008

China replaced the United States in 2007 as Chile's biggest export destination, according to statistics released Tuesday by Chile's customs authorities.

The figures show Chile's export volume recorded a 14.7-percent rise in 2007, totaling 65.484 billion U.S. dollars, while exports to China reached 10.172 billion dollars, accounting for 15.5 percent of the total and making China its biggest export destination.

Meanwhile, China also became Chile's second biggest import source country, following just behind the United States after surpassing Argentina and Brazil, the statistics show.

Chilean entrepreneurs attribute the rapid growth of Chile-China trade to the free trade agreement with China which came into effect in 2006.

Cristian Garcia Lorca, chair of the Chile-China Trade Association, said there is still room for a further increase despite the rapid growth, and that Chilean businesses should make collective efforts to diversify the country's exports to China.

Source:Xinhua

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China, Peru to set up free trade agreement

CCTV.com | 01-23-2008

Talks between China and Peru to set up a free trade agreement are well underway. The Andean country says it hopes to become China’s most important commercial link in Latin America.

The first round of free trade talks between China and Peru has started in Lima. Peruvian Foreign Affairs minister Mercedes Araoz and the deputy director general of International Trade Department, of China’s Commerce Ministry, Zhu Hong, attended the event. Peru is hopeful the talks can open the window for further bilateral trade between the two countries.

Mercedes Araoz, Peruvian Trade Minister said "We have in our minds that negotiations with China are negotiations for the future, not only for today but for always. Within this dynamic, China will become our principal socio-economic partner in Asia. And we will also work towards a goal where Peru becomes the principal socio-economic partner for China in the South American Pacific."

China is already one of the principal destinations for Peruvian exports. Between January and November last year, exports from Peru to China reached 2.7 billion US dollars, up over 43 percent from the previous year.

Araoz said they hope to soon offer more added-value exports, such as manufactured zinc.

Peru is increasingly seeing trade as a way to develop its economy. The country has been pushing to strike free-trade deals with countries worldwide to lure foreign investment.



source: CCTV



Printed from http://www.bilaterals.org/article.php3?id_article=10993
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Chinese back on Venezuela scene


4 January 2008
Upstream
By XU YIHE


Deal between giants CNPC and PDVSA set to be revived

Venezuelan President Hugo Chavez is expected to revive a major oil deal with China in his upcoming visit to the Asian powerhouse this month.

The deal will call for China National Petroleum Corporation (CNPC) to expand operations at Venezuela's MPE-3 oilfield, as well as build pipelines and terminals to move about 600,000 barrels per day of heavy oil to China by 2013.

"It is an integrated project involving multi-billion US dollars," people familiar with the deal told Upstream.

They added that Venezuela is keen for China to build the infrastructure, which was not included in the earlier agreement.

The deal has also prompted CNPC to proceed with the building of three refineries in southern China, including one in Shenzhen city and one in Huizhou city, both in Guangdong province, to process the heavy oil.

The country has also signed a memorandum of understanding with a Chinese shipyard to build very large crude carriers to move the fuel to China.

Venezuela said earlier that it will boost oil supplies to China to 1 million bpd by 2012, up from the 500,000 bpd expected in 2010. The current volume is 250,000 bpd.

It was announced in late 2006 that Venezuela would end production of the country's unprocessed heavy oil because it was "too cheap", said one source.

PDVSA has decided not to make any new investments in the expansion of that business and only to honour existing contracts, such as the one signed with CNPC.

However, as the crude price hovers around $100 per barrel, Venezuela is said to be ready to sell more of the heavy oil at a much higher price.
CNPC first signed the deal with PDVSA to develop MPE-3 in 2001. The company then built a refinery in Venezuela with a capacity of 6.5 million tonnes per year.

Since then, under Venezuela's nationalisation plans, all the oil contracts PDVSA signed with foreign companies need to be reviewed and re-signed.
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Cuba, China sign agreement to boost cooperation in energy sector


20 December 2007
BBC News


Havana, 19 December: Cuba and China agreed to boost economic and commercial relations in the energy sector after signing a memorandum of understanding on Wednesday in Beijing.

The document was signed by Cuban Minister of Government Ricardo Cabrisas and Xie Zhenhua, vice president of China's National Commission for Development and Reform (CNDR).

According to a Prensa Latina report, the two parties decided to lead cooperation projects related to renewable energy and energy savings into a new stage. This would entail exchange of information about policies, strategies, technologies, projects and training.

Representatives from both countries said strengthening energy collaboration is of the utmost importance for the economic development of their respective nations.

Present at the signing ceremony were Coordinator for Renewable Energy Projects Manuel Menendez, Foreign Investment Minister Ramon Ripoll Diaz, Cuban Ambassador to China Carlos Miguel Pereira and other government officials from the two signing parties.

Cabrisas travelled to Beijing heading a delegation to the 20th Session of the China-Cuba Intergovernmental Commission beginning December 20.

CNDR and the Cuban Ministry of Basic Industry are the responsible authorities to implement the actions set out in the document.

Source: ACN news agency, Havana, in English 19 Dec 07
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China, Costa Rica work on possible free trade deal

China, Costa Rica work on possible free trade deal
(Xinhua)
Updated: 2008-01-12 15:58


Trade officials from Costa Rica and China on Friday concluded their first technical meeting on a possible free trade agreement (FTA) between the two countries.

Reviewing the results of the meeting, Costa Rica's Foreign Trade Minister Marco Vinicio Ruiz said the framework to study the FTA had been set.

A study on the possible FTA should be ready in six months and a bilateral meeting in Beijing is scheduled for April. A final meeting in San Jose, capital of Costa Rica, is also planned for June.

"China has joined the World Trade Organization (WTO). Therefore it has been adjusting its policies to international norms, and it is very important that we have all the information at hand in order to evaluate the FTA's potential benefits and critical points," said Ruiz.

Ruiz said the two countries would review their macroeconomic policies, the state of trade accords in the WTO and with other countries, investment and trade promotion policies and the dispute settlement mechanism.

Zhu Hong, deputy director-general of the Department of International Trade and Economic Affairs of Ministry of Commerce of China, said Costa Rica is an important trade partner of China in Latin America, and two-way trade is growing rapidly, with the volume hitting 2.6 billion U.S. dollars from January to November in 2007.

Among Latin American countries, China has signed a free trade agreement with Chile and is holding negotiations on such a deal with Peru.

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Costa Rica, China to Explore for Oil

The Associated Press (Dec. 07 2007)

Coast Rica and China announced Friday they have agreed to jointly explore for oil and natural gas in Central American country.

More more information, please visit http//www.uofaweb.ualberta.ca/chinainstitute/.

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Peru - China Business Forum to Increase Investments

As commercial exchange increases between Peru and China, the two countries met together in December, 2007 and inaugurated an investment forum to further increase trade and investment between the two nations.

The Chinese Council for the Promotion of International Trade and Peru's Private Investment Promotion Agency (ProInversion) have organized the Peru-China Investment Forum, which has brought to Peru 39 Chinese companies interested in increasing bilateral trade and investment.

During the inauguration of the investment forum at the Delfines Hotel on December 4, 2007, Prime Minister Jorge del Castillo said Peru welcomed Chinese investments and reported that mining company representatives were already meeting with government authorities and discussing investment opportunities.

Companies from many Chinese industries came to Peru on December 4. Among those present were logistic, textile, hotel, auto, chemical, energy, construction and mining companies.

With a 54 percent increase in commercial exchange this year, Chinese Ambassador to Peru Gao Zhengyue said trade between the two countries had developed at a fast pace and China had become Peru's second largest trading partner and exporting market.

For more information, please view http://www.livinginperu.com/news/5237.

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UAE, China discuss anti-money laundering cooperation

 

The delegation met in Beijing with the Deputy Governor of People's Bank of China, Su Ning, Chairman of the Banking Regulatory Commission and Vice- Chairman of Securities Regulatory Commission. Also, the delegation met with officials from the Chinese Financial Intelligence Unit, Ministry of Justice and Chairman of China UnionPay company, which owns the main ATMs network in China.

The UAE's Anti Money Laundering Committee recently concluded a tour of China where officials from both the countries agreed to cooperate to launch various anti-money laundering initiatives.

Latin American Populist Policies Threaten Private Investment and Will Lead to Protracted Litigation

With populist, anti-business regimes in Venezuela, Bolivia, and Nicaragua -- just to name a few -- latin america will increasing face greater challenges in attempting to attract private investment to the region.   "Who wants to invest in those countries if they won't respect the rule of law?"  says DRRT Managing Partner, Michael Diaz, Jr., in a recently published article in the Latin Business Chronicle.    As populist regimes in latin america seek to exploit the high price of the natural resources that are often abundant in the countries, experts predict that the result will be more litigation and less foreign investment.

To read the Latin Business Chronicle article, please see below.

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