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Ambito Financiero Kicillof will define proposal to vultures before April • He will select the offer that guarantees more dollars for the reserves

 
Ambito Financiero
Kicillof will define proposal to vultures before April
• He will select the offer that guarantees more dollars for the reserves
 
Thursday, February 20, 2014
 
By Carlos Burgueño
 
Axel Kicillof has personally assumed, together with Finance Secretary Pablo Lopez, the resolution of whether to accept or reject the new offer that will be presented to the vulture funds suing the country in the United States, in no more than a month.  On the table he already has two proposals that, today, have a pointed sting: the Swiss bank UBS and the American bank, Goldman Sachs.  He will listen in the coming days to another idea, from HSBC of Britain; and finally, the  Kicillof- López, plus the intervention of the ambassador in the United States, Cecilia Nahón, will mull over the proposal with the promise of the greatest level of contributing “cash” for strengthening the Central Bank reserves.  According to the calculations of the minister and the secretary, made before beginning the meetings to define the next proposal to the vulture funds and the holdouts, to be successful the negotiation could bring in, as a floor, funds for some US$1 billion or US$2 billion.
 
The basic strategy, in which both UBS and Goldman Sachs agree up to now, is to buy the debt from the bondholders still suing Argentina and that they gather the bonds in default for between 7 and 8 billion dollars; with a haircut that would be much less than in the swap of 2010 (it was 63%) but with a cash payment.  Argentina would then offer a long-term bond (10 years or more), which would begin to pay under the next president to succeed Cristina de Kirchner.  For the bondholders that did enter the swap, they would be offered a compensation or there is speculation around when the December date expires this year, after which (theoretically) there wouldn’t be a right to claim a greater compensation than the bondholders that didn’t enter in any of the two debt swaps that Kirchnerism promoted.  
 
The proposals, for now in the embryonic stages, were laid out by each one of the international banks in official meetings in Buenos Aires with Axel Kicillof and Cabinet Chief Jorge Capitanich.  The first meeting was with Goldman Sachs on January 29 and they sent the vice president of the firm, Agostina Pechi; the executive director for Latin America, Stephen Scherr; and executive director responsible for the Investment Bank, Richard McNeil. The meeting with UBS was on February 12 with the representative of the Swiss bank for Latin America, Gerard Cremoux.
 
The official intention is to rapidly choose the offer that is closest to the financial possibilities and necessities of the country, and which rapidly begins a formal round of consultations with the holdouts and vulture funds.  These communications will be, obviously, at first entirely between private entities and there will  never be formal and open negotiations between official representative of the Argentine government and the vulture funds.
 
This was one of the conditions for closing a deal that Goldman Sachs and UBS carried with them to Buenos Aires. Politically, for Argentina, to sit down at the same negotiating table with Paul Singer’s vulture fund Elliott, the same which attached the Frigate Libertad in Ghana and is suing (successfully) the country in the U.S. courts, is inadmissible.
 
About the possibility that his fund would accept an offer of this type, the extra-official rumors that are arriving at the eventual private negotiators are volatile.  On the one side, there are statements from fund attorney Ted Olson and Singer himself, where it is said that the only way to negotiate is formally, with the Argentina government making the offer and intervening in the discussions; something that, the parties know, is utopic.  However, Elliott’s financial agent, Jay Newman, said yesterday that “if Argentina wants to negotiate, the dispute will be resolved rapidly.”  The strategy of the vulture fund (and its allies that still haven’t begun suing the country) is to wait for an immediate favorable ruling after the rejection by the Supreme Court in taking the case, to then negotiate with Argentina from a stronger position. 
 
From Buenos Aires, private sources that participate in the elaboration of the proposal that Kicillof must approve or reject, said that “Singer is a businessman, he knows he won’t collect if he wins the lawsuit and that the only alternative left is to sit down and discuss conditions for collecting what some investment bank offers him.” 
 
The schedule that the government now has in mind is that the final proposal be approved and presented in society before April 21.  That day, the attorneys for Argentina from the firm of Cleary Gottlieb Steen & Hamilton (CGSH), Carmine Bocuzzi and Jonathan Blackman; together with the associate for the litigation before the Supreme Court,  Paul Clement, will appear before the highest court to speak about the Elliott complaint to attach the accounts of Banco Nacion.  This will be, according to the legal representatives for the country, the last chance for making the Argentine case and convincing the judges to take it up. 
 
Before April 21, the government wants the offer to be circulated and the possibility of an agreement to be closer.  The decision to move ahead as rapidly as possible on restructuring Argentina’s debt in default and in the litigation in the United States was taken by Cristina de Kirchner under the recommendation of Jorge Capitanich and Axel Kicillof.  Both convinced the President to definitively close the liability with the Paris Club and with the lawsuits in the ICSID as a necessity for starting to seriously sound out the alternative of placing foreign debt to strengthen the reserves and solve the external financial front.  In principle, Kicillof didn’t want to take charge of this chapter and had accepted leaving it in the hands of his predecessor, Hernán Lorenzino, and the recently created Debt Renegotiation Unit which the ex-minister manages together with former Finance secretary Adrián Cosentino. However, Kicillof changed his mind and took, together with Lopez, control of the foreign debt negotiation and the definitive exit from default.  Annoyed by the way the accord was done over the liabilities from the ICSID, he ejected any choosing of an option that put the ex-vulture fund Gramercy, of American Robert Koenigsberger, in charge of the discussion with the holdouts. With Gramercy, at least until now, Deutsche Bank was also separated, under suspicion also in other government offices of having participated in financial actions against the Argentine peso in the days of the currency exchange runs before the devaluation of January 22 and 23.

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