Argentina: A Partial Defense Of The Lady

 | Apr 16, 2013 03:52AM ET

Introduction

A couple of weeks back, an American friend living in Buenos Aires asked me: “Have you been following this crazy woman? I would love to hear your take on her.” In what follows, I offer a little background on the Argentina’s financial situation and review the most controversial actions President Kirchner has taken. I conclude with a prescription for the future of the country.

The Financial Situation of Argentina – Not the Lady’s Fault

Argentina’s debt to GDP ratio of 43% is not high by international standards. But troubling problems remain following the country’s 2001 default on $132 billion of debt. According to a Reuters report, 92% of Argentina’s defaulted bonds were restructured in 2005 and 2010 with bondholders receiving 25 to 29 cents on the dollar. But there were holdouts. And a New York Court ruled in March that further payments could not be made to the bondholders who did settle until a deal is negotiated and payments are made to those still holding out. However, a failure to pay those who did settle would constitute a default and violate the 2005 and 2010 agreements. This would most definitely not be good.

The holdouts are owed $1.3 billion. And in a court of law, their position is quite strong: they have a loan agreement and want to be paid in accordance with the terms set forth in the agreement. In such cases, it is common for courts to allow the claimants to attach other assets of the debtor. As a consequence, the Lady has resorted to chartering a plane rather than use one owned by Argentina for out-of-country flights.

In this case, the New York Court ordered Argentina to come up with a proposal to settle with the holdouts. Argentina responded by saying it will make payments to the holdouts on pretty much the same terms it settled on with its other bondholders. The lawyer for Argentina said the country has a law that keeps new governments from improving the terms of previous restructurings. The Court has given the holdouts until the end of April to review and respond to the Argentine proposal. But Elliott Management, one of the largest holdouts, has already said it will not accept the 2010 terms.

The uncertainty surrounding this issue makes Argentina’s financial position quite precarious – nobody in the right mind would lend Argentina money unless it was secured by something that could be seized – like commodities.

Seizing the Pension Funds

And yes, a few years back, the Lady did take over the country’s pension funds. Kirchner’s opposition claimed this was done so pension monies could be used to “award” provincial governors for political support. Maybe this is true. But there were economic reasons for the government to take control of the funds: not performing well, not invested in Argentina, and rumors of corruption.

Get The News You Want
Read market moving news with a personalized feed of stocks you care about.
Get The App

How About the Repsol Takeover?

In the “civilized world” government takeovers are generally frowned on. But as I have reported, there were mitigating circumstances in the Repsol case. Keep in mind that a country’s energy strategy is fundamental to its well-being. And Argentina is an extreme case inasmuch as it cannot borrow on world markets. That means it is extremely important to keep its trade and current account balances from going negative. Table 1 shows that Argentina’s energy imports are growing rapidly.

Table 1. – Argentina: Energy Import Shares