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. 
El Cronista
Richard Samp: “The Argentine appeal has zero chance of success”
The
 expert ventures to say that the appeal to the American Supreme Court 
for the holdout case will not reach a good end.  While the country’s 
actions on the external front could favor its image in the United 
States, he says it will have no effect on the decision of the highest 
court.
Thursday, February 20, 2014
by MARÍA ELENA CANDIA Buenos Aires
“I
 would say that there is a 50-50 chance that the Court will ask for the 
opinion of the Solicitor General,” says Richard Samp, main adviser at 
the Washington Legal Foundation since 1989, a public interest non-profit
 law firm located in Washington D.C, which litigates in support of 
individual rights, the free press system and against excessive 
government regulation. 
Close
 to the most powerful group of holdouts suing the country in American 
courts, Samp considers the Argentine appeal as a good attempt for the 
Supreme Court to take the case, but has no chance of success.
-What is your opinion regarding the appeal that Argentina filed before the U.S. Supreme Court?
-It
 surprised me that Argentina would center its argument on the highest 
court having to send the case back to the Court of Appeals in New York 
for it to decide, which has no chance of being successful.  The Supreme 
Court simply doesn’t work that way, if it wants to decide about a 
question it will grant a review petition and if it doesn’t want to 
decide an issue, it will deny the petition.  But what it is not going to
 do is determine that it doesn’t want to rule around a problem and a 
continuation, take the case from the Second Circuit (which issued a 
review decision) and deliver it to the Court of Appeals in New York.  
This procedure was never used by the Supreme Court in his history.
-Why do you think Argentina focused on this argument? 
-One
 part of the Second Circuit decision that bothered some in the financial
 community (and made the decision controversial) was the interpretation 
of the court of pari passu.  The court found that the clause had no 
“standard” direction (as some had assumed) but that it requires that 
Argentina give the same treatment to all the creditors.  But the issue 
that implies how one interprets the meaning of a contract is subject to 
and controlled by New York state law, not federal law.   And Argentina 
knows that the Supreme Court is not in agreement with listening to cases
 with the goal of deciding on state law issues.  So the only way to put 
this question forward on interpretation of a contract would be to ask 
the Supreme Court to grant the petition, stay the petition and then ask 
the New York court to prove its own interpretation of the pari passu 
clause.  A good attempt perhaps, but it has no chance of success.
-What other arguments did the country’s defense put forth? 
-The
 second question put forth by the petition argues that the measure 
issued by the district court violated the limits imposed by federal law,
 the law of sovereign immunity (FSIA).  At least there is a small chance
 that the highest court is in agreement with hearing this issue, since 
the Supreme Court examines cases that put forth issues related to 
federal law.  But I doubt very much that Argentina will manage to 
persuade the Court to listen to it, because the Second Circuit decision 
about this question is not in conflict with the decision of another 
appeals court.  The existence of a conflict of this kind is always a 
pre-requisite for gaining Court review.
-How do you believe the legal process will continue?
-The
 NML brief will have to be filed before the Court technically in 30 
days, at the end of March.  But it’s almost certain that it will ask for
 a 30 day extension to respond, extending its deadline to the end of 
April.  The motive has to do with the amicus curiae filings in 
Argentina’s favor before the Court, which will have to be made within 30
 days without any chance of getting an extension.  This way, NML could 
take its time reading all the amicus briefs before filing its response 
to the Court.
-What’s the most likely final scenario? 
-The
 first question that arises is if the Solicitor General of the United 
States will file an amicus curiae in Argentina’s favor in the period of 
30 days, without the Supreme Court asking for it.  The Solicitor did it 
in the Second Circuit, but not when Argentine filed its first petition 
for certiorari before the highest court in June 2013, so I believe that 
the chance of the Solicitor filing his brief immediately is 50%.  After 
NML and all the amicus briefs are filed before the Court, the court has 
to decide in mid-May if it will hear the case, or if it will reject it, 
or if it will be assumed that the Solicitor still hasn’t intervened, to 
issue an order asking for its opinion.  Once again, I’d say the 
likelihood that the Court will ask for the Solicitor’s opinion is 50%.  
It did so in the discovery case before the Court in April, but not in 
relation to the initial appeal that Argentina made before the Court in 
2013.  If it asks for the opinion of the Solicitor, his brief will not 
be filed probably until December 2014 or January 2015.  
El Cronista
New CPI would help with the U.S. but not with judges (Sidebar to Richard Samp interview)
Thursday, February 20, 2014
-Do you believe that the Court will take the case?
-At
 the end of the day, I don’t believe that it will agree to hear the 
case, because there is no division between the federal courts of appeal 
in relation to the direction of the disposition of the FSIA in 
question.  In absence of a brief from the Solicitor General, Argentina 
has zero chances; with his support, it has at least a small chance. 
-Some
 experts said that Argentina could mention the case of Pari Passu in the
 hearing that the country will have before the Court on the discovery 
case.  Is it a good strategy?
-I
 didn’t hear these speculations.  I don’t believe it’s a good strategy 
to put forth the pari passu question in the oral arguments in April 
because the two cases put forth questions that have very little to do 
with one another.  To mention pari passu would do nothing to help 
Argentina win the discovery case.  It would complicate a case that 
Argentina has a reasonable chance at winning.
-Argentina
 corrected the inflation index and seems to be giving the impression of 
seeking to settle other issues on the external front.  Do you believe 
that these actions will make the American government support Argentina 
in this instance? 
-Any
 action that Argentina takes to settle its situation in international 
financial circles without a doubt will make the United States government
 consider it more favorably.  And yes, a favorable impression of that 
kind could be enough to persuade the United States to support 
Argentina’s position before the Court.  I doubt that these efforts will 
have an effect on the opinions of the eight judges that will analyze the
 case.  I say 9 in place of 9 because Judge Sotomayor is likely to 
recuse herself from the case.  Her absence means that Argentina must 
attract 5 votes of the 8 remaining to win.  A 4-4 tie would uphold the Second Circuit decision.
La Nacion
Imminent agreement with Repsol over the confiscation of YPF
Thursday, February 20, 2014
by Martín Rodríguez Yebra | LA NACION
MADRID.- "I’m settling this.”  Axel
 Kicillof made that promise to Spanish Industry Minister José Manuel 
Soria, in the most dramatic hours of the last currency exchange run (in 
January) in Buenos Aires.  He asked for “trust” in keeping the dialogue 
alive with Repsol over the confiscation of YPF. 
Several
 concessions and one month later, the Argentine Economy Minister is one 
step away from achieving his goal: the contract to compensate the 
Spanish oil company is in its final hours, almost ready to be signed and
 the final agreement could be announced before the end of the month, 
political and economic sources who are aware of the negotiations 
confirmed to LA NACION yesterday.
The
 Argentine government plans to compensate for Repsol over the sudden 
nationalization of 51% of its shares in YPF with US$5 billion in 
Treasury bonds that expire in 10 years. That was what was contained in 
the agreement announced in November.
It
 now remains to be seen what additional guarantee has been added to 
ensure that the Spanish firm can monetize those securities to a value 
close to the one agreed to and that the bonds will have in nominal 
value.
The
 approach could include the delivery of bonds with a nominal value 
greater than the one announced, according to Spanish sources. "It is 
close to decided how that modification would be established without 
being able to say that the amount of compensation increased,” said one 
of the negotiators.
The
 deal between the parties had bogged down with the devaluation crisis in
 January for fear of the Spanish accepting paper that would have a much 
lower market value than US$5 billion. According to Spanish financial 
analysts, today Repsol could pocket no more than US$3 billion for that 
package of debt if it wre to negotiate them in the short term.
The
 envoys from Antonio Brufau, chairman of the oil company, asked that the
 bonds be guaranteed by the reserves of the Central Bank to make them 
more attractive, something which Kicillof refused. However, he agreed to
 analyze other financial formulas that "shielded" the value of the 
compensation.
The
 bonds offered by Argentina would have an interest rate of between 
8.25-8.75% - a high profitability – and would include the possibility of
 a partial amortization of the principal within a period of two years.
Although
 the parties are talking in strict confidentiality, financial sources 
said in Madrid that and an international bank is participating to ensure
 the liquidity demanded by the Spaniards.
Both
 the Casa Rosada and the Moncloa; YPF and Repsol, all point out that the
 agreement is "imminent". It was even suggested days ago by Brufau 
himself, to whom the government attributed for a long time an intention 
to boycott any possibility of agreement: "I am optimistic in thinking 
that for the sake of Argentina as well as for Repsol we will be able to 
try to quantify an amount of restitution and finish with this story. We 
are very close."
Rushing the passage
In
 the past ten weeks, there was an intense back and forth of directors of
 the company to Buenos Aires. Kicillof, moreover, had an open dialogue 
by phone with Soria, the man that President Mariano Rajoy entrusted to 
resolve the crisis.
The
 Economy Minister intensified the political negotiations when global 
alarm over the devaluation of the peso had jeopardized the agreement.
He
 told his Spanish counterparts in advance that he would provide fast 
signals of predictability (such as acknowledging inflation) and that 
this would restore calm to the foreign exchange market. "We are not 
heading toward a default; This is something temporary," was one of the 
messages that they recall in Madrid. Thus, the man to whom is attributed
 the ideological authorship of the nationalization of YPF is the one who
 is moving fastest to pay the Spanish as soon as possible.
The
 agreement was delayed - government was thinking of of presenting it in 
January, but negotiations were never interrupted. "After the 
devaluation, Kicillof was more permeable. The dialogue improved 
significantly,” said one of the company’s shareholders in Repsol.
For
 the Casa Rosada, closing the file on YPF now has taken on a capital 
value: it would be a trophy to show the world that there is some 
normalization of the economy. In the same way, it is trying to come to 
agreement with the Paris Club to pay the debt in default and moving 
ahead with orthodox measures that the International Monetary Fund (IMF) 
has called for over a long period of time.
The
 intention is that the final offer be voted on at the monthly meeting of
 the Board of Directors of Repsol, planned for Tuesday or Wednesday. If 
it is not terminated down to the fine print by then, they could convene a
 special session for next week.
Ending
 with the economic and diplomatic conflict that blew up in 2012 
requires, in addition to the willingness to pay, a delicate legal 
engineering. The company must commit itself to renouncing the 
international litigation that it filed against Argentina - which asked 
for US$ 10 billion as compensation - and that complicated the 
investments needed for the deposit at Vaca Muerta over the past two 
years.
The
 text of the offer which could be final flew back to Madrid yesterday. 
This week the dialogue went from YPF Tower in Puerto Madero to the 
Palacio de Hacienda. On one side, Kicillof; on the other, a top-level 
mission from the company made up of the director-general for business, 
Nemesio Fernández Cuesta; the financial manager, Miguel Martínez; the 
Deputy Secretary-General, Miguel Klingenberg, and Director of corporate 
finance, María Victoria Zingoni.
 
 
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