Gesamtzahl der Seitenaufrufe

Donnerstag, 4. Oktober 2012

neues zur Fregatten-Pfändung.....

Ambito Financiero
Moves by vultures Ghana
 
Thursday, October 04, 2012
 
The government pointed at the vulture fund NML Elliott over the court decision that allowed the detaining of the Frigate Libertad in Ghana.  According to the Foreign Ministry, the fund “crossed a new limit in its attacks against Argentina” and accused that organization of maintaining “extortive and aggressive” attitudes against the country.
 
«The vulture funds have crossed a new limit in their attacks on the Argentine Republic.  The Frigate Libertad has been held in the Republic of Ghana over a recourse filed by the NML Group before the courts of that country,” said the Foreign Ministry.
 
In a statement, the team led by Hector Timerman confirmed also that they had begun actions with the government of Ghana “to clarify the deception that the unscrupulous financiers have mounted, through a measure that is a violation of the Vienna Convention on diplomatic immunity.”  The ministry recalled that the vulture fund NML has its headquarters in the Cayman Islands, “a tax lair that it is worth recalling is a colony of Great Britain, from where those who don’t submit to the laws of any jurisdiction operate, and have been denounced both by the G-20 and the United Nations.” 
 
The NML Group, the ministry recalled, belongs to “international speculator” Paul Singer and is “the main financier of the lobby that operates in the courts and the Congress of the United States” under the name ATFA. 
 
 
Clarin
Foreign Ministry intervenes in the recovery of the Frigate Libertad
 
Thursday, October 04, 2012
 
By Natasha Niebieskikwait
 
While the Foreign Minister sent off a statement reporting in singular language that it had asked the government of Ghana to release the Frigate Libertad, it was negotiating against the clock over the amount of a bail.  The goal: the recover the symbolic ship in what was a resounding blow from the vulture funds, who managed through Ghanaian courts to grant an attachment of US$284 million plus another US$91 million in interest.
 
Clarin learned from very high level sources of the government – stuck yesterday in the conflict with the Border Police, the Coast Guard and the Armada – it is desperate because it doesn’t want to nor can it pay the attachment now.  But at the same time every day the Frigate spends in the port of Tema – where it arrived on Monday – the Argentine state must pay USS$49,000 in port charges.
 
As Clarin reported exclusively yesterday, the detention order on the emblematic teaching vessel of the Navy came from the Superior Court from the African country which has prohibited its movement from the port.  It departed on June 2 from Buenos Aires with 300 people on board.  Its detention was demanded by NML Capital Ltd., of Elliott Management, and Huntlaw Corporate Service, which represents investment funds that didn’t enter the foreign debt swap and is seeking to collect on court decisions in its favor obtained in New York courts.  Until last night, the Foreign Ministry was not reporting on the ship’s status nor that of its crew, while they were given a strict order not to talk to the press.  The same instruction was given to the diplomats at the Argentine embassy in Nigeria which attends to Argentine affairs in Ghana.
 
On Tuesday night in an interview with Clarin, authorities said that didn’t have “any information”, but the team of Hector Timerman issued a heated statement in which it called the detention of the ship a “devious attack from the vulture funds against Argentina.”  It said that it was due to a recourse from NML Group and that the ministry was making gestures to “clarify the deception that the unscrupulous financiers have mounted.”  The Ghanaian court measure is “a violation of the Vienna Convention.”
 
The statement is full of parallel content like the fact that it defines the Cayman Islands as a “tax lair” – the home of NML Group – and recalls that it is a “colony of Great Britain.”
 
 
La NacionThe Frigate Libertad, detained in Africa
 
Thursday, October 4, 2012
 
The government acknowledged yesterday that the Frigate Libertad, the teaching vessel of the Argentine Armada, has been detained in Ghana, on the western coast of Africa, out of a judicial recourse filed by a fund that hold Argentine bonds and didn’t enter the swap of debt in default.  The Argentine Foreign Ministry said that the judicial measure is a “devious attack” from the “vulture funds” made up of “unscrupulous financiers”.
 
The government said that the “lobbyists” that brought about the retention of the sailing vessel were those who “harassed” President Cristina Kirchner during her stay last week in New York, during the United Nations summit.
 
Sources from the navy said that the ship could resume its instructional voyage today with a destination of Luanda, Angola.
 
The director general of the port authority of Ghana, Richard Anamoo, confirmed that the ship was detained “by order of the Court”, according to AFP.  Anamoo said that “it is not that authorities of Ghana that have taken the decision to halt or detain the ship, but it has come from a judicial order.  The owners of the ship have to pay the money or defend themselves before the court.”
 
For Argentina – according to the statement issued yesterday by the Foreign Ministry – “the vulture funds have crossed a new limit in their attacks” on the country.
 
The official statement said that the Frigate Libertad was delayed by a recourse from NML Group, who it said was made up of “unscrupulous financiers that have mounted a deception.”  It said that it was a violation of the Vienna Convention on diplomatic immunity.
 
The Foreign Ministry said that “the vulture fund NML is based in the Cayman Islands, a tax lair that is a colony of Great Britain, from where those who do not submit to laws of any jurisdiction operate, and who have been denounced before the G-20 and the United Nations.”  It said that NML “belongs to the international speculator Paul Singer and is the main financier of the lobby that operates in the courts and the Congress of the United States under the name of ATFA (Task Force Argentina) to damage our country.”
 
According to the government, that group “disseminates false information for the use of some Argentine monopolistic press media with the goal of extorting Argentina with the ends of obtaining usurious profits from the purchase of Argentine bonds for pennies during the 2001 crisis and refusing to join the 93% of investors that agreed to the debt restructuring.”
 
And it said, in its accusation: “That group of lobbyists are the same that tried to harass President [Cristina Kirchner] during her recent trip to the United States, handing out aggressive fliers against the presidential investiture.”  It said that “another of its actions” was “to place a gigantic rate in the doorway of the Argentine embassy in Washington while our independence day was being celebrated.”
 
But it warned that “it’s the decision of President Cristina Fernández de Kirchner not to bow to the international and local extortive attempts brought forth by the vulture funds, and will continue to denounce them in various forums.”
 
 
El Cronista
Foreign Ministry: ‘Vulture funds have crossed a new limit’”
 
Thursday, October 04, 2012
 
The government characterized as a “devious attack” by the vulture funds the detention in Ghana, Africa, of the Frigate Libertad, by a judicial recourse filed in that country by the holders of bonds that didn’t enter the swap of debt in default.
 
Through a statement, the Foreign Ministry said that “the lobbyists that brought forth the detention of the itinerate ship were those who harassed President Cristina Fernández in her stay last week in New York.”
 
“The vulture funds have crossed a new limit in their attacks on the Argentine Republican,” the Foreign Ministry said in the document, in which it made reference to the Frigate Libertad “having been delayed in the Republic of Ghana by a recourse filed by NML Group in the courts of that country.”
 
On that, the ministry warned that it already had taken steps with the government of the African nation to clarify the deception that “the unscrupulous financiers have mounted” and warned that “said measure is a violation of the Vienna Convention on diplomatic immunity.”
 
The bondholders are trying to attach the Frigate so that, this way, they can collect on rulings obtained in their favor in the New York courts.
 
The Foreign Ministry explained further that the fund is headquartered in the Cayman Islands, from where “those who don’t submit to laws of any jurisdiction operate and have been denounced both before the G-20 as well as the United Nations.  This group belongs to international speculator Paul Singer and is the main financier of the lobby that operates in the courts and the Congress of the United States with the name ATFA (Task Force Argentina) to damage the country.”
 
As such, from the Armada they said that the ship could depart today, continuing its instructional voyage with the destination of Luanda, Angola.
 
 
Pagina/12
Pirate speculators approaching
 
Thursday, October 04, 2012
 
The teaching vessel of the Argentine navy was victim of a maneuver of one of the big funds that eluded the swap to speculate with a bigger benefit in the courts.  The authorities of Ghana promised a resolution in two days.
 
“The vulture funds have crossed a new limit in their attacks on the Argentine Republic,” said the Foreign Ministry yesterday through a press release.  The new offensive from these financial pressure groups this time affected the frigate Libertad, a teaching vessel of the Argentine Armada, which was delayed two days ago in the Republic of Ghana “by a recourse filed by NML Group before the courts of that country.”  NML Capital Limited, of the financial mega-magnate Paul Singer, and Huntlaw Corporate Service, a group that legally represents these kinds of funds, asked for the detention of the ship to collect on what it claims from the courts of New York, where they obtained a favorable ruling for its holdings of defaulted Argentine bonds.  From the Foreign Ministry they explained to this newspaper that Foreign Minister Hector Timerman communicated with his counterpart in Ghana.  “The latter sent his apologies and promised that in two days the issue will be resolved,” said the source, playing down the drama of the facts, also saying that they are “assets not subject to embargo.”
 
The ship sailed on June 2 from the port of Buenos Aires, starting its traditional graduation voyage with the usual crew of 220 men and women, together with 110 students.  It’s a habitual passage around the entire Atlantic, arriving in different countries in South America, Europe and Africa.  This opportunity was the first in which the ship would visit Ghana, Angola and Namibia.  However, in the first of these destinations it received the order from the local Superior Court to delay the ship in the capital of the old English colony, in response to a filing from the vulture funds.
 
According to families of the crew, the personnel are not allowed to set foot on dry land.  “The crew is in a form of detention, they are not allowed to come onto land and this situation could be prolonged for ten days,” said Noemí Chocci, mother of one of the graduates, in a conversation with a radio station in the interior.  According to her, there is no direct communication: “You have to call the Libertad building, and then you can communicate with the frigate.”
 
The ministry led by Timerman, through a statement, argued that it’s a “devious attack” from the “vulture funds”, using false information.  “The vulture fund NML has its base in the Cayman Islands, a tax lair that is a colony of Great Britain, from which those who don’t submit to laws of any jurisdiction operate and have been denounced both to the G-20 and the United Nations,” said the text written by the ministry.  “It puts out false information for the use of some Argentine monopolistic press media with the goal of extorting Argentina with the end of obtaining usurious profits from the purchase of Argentine bonds for pennies during the 2001 crisis, and refusing to join the 93% of investors that agreed to the debt restructuring,” the statement added.
 
“Said measure is a violation of the Vienna Convention on diplomatic immunity,” the ministry complained, confirming that it has already initiated “moves with the government of the African nation to clarify the deception that the unscrupulous financiers have mounted.”  Timerman was calm on the issue getting a rapid resolution, after taking up the issue with his Ghanaian counterpart, who’d assured him that he’d intercede with the court of his country. 
 
After the two Argentine debt restructurings, the so-called vulture funds ended up with 8% of the debt in default, and are suing to get recognition of the totality of the technical value of their holdings – some US$3.6 billion – and interest.  These funds operate from tax havens so as to not pay taxes and their work consists of weakening the image of countries until they obtain a ruling from some permeable court that agrees with them, which they’ve done thanks to the resources that circulate in the lobbying of the U.S. Congress and in the media.  “That group of lobbyists are the same that tried to harass the President during her recent trip to the United States, handing out aggressive fliers against the presidential investiture,” the ministry said.
 
In response to the Foreign Ministry’s statement, American Task Force Argentina (ATFA) accused Argentina of “mocking the law.”  ATFA is the façade for the lobby of NML and EM in Washington.  The entity has as its president Robert Shapiro, an ex-official of the Clinton administration, now a representative of the interests of the vulture funds.  ATFA’s actions against Argentina represent a lobby expenditure of more than US$3 million, and they managed to temporarily freeze funds of the Central Bank and Banco Nacion in New York.  Between 2007 and 2010 the government avoided flying the official plane Tango 01 to the United States and Germany so that it would not be attached. 
 
 
Financial Times
 
Thursday, October 04, 2012
 
By Kate Mackenzie
 
An Argentine naval vessel crewed by more than 200 sailors has been seized in Ghana as part of an attempt by the US hedge fund Elliott Capital Management to collect on bonds on which Buenos Aires defaulted in 2001.
 
A Ghanaian court ordered an injunction and interim preservation order against the ARA Libertad, a 100-metre long tall ship, following an application by Elliott subsidiary NML Capital on Tuesday.
 
The hedge fund, run by the US billionaire Paul Singer, has been closely monitoring the course of the Libertad, according to sources familiar with the firm.
 
 
Bloomberg
 
Wednesday, October 3, 2012
 
By Eliana Raszewski
 
Argentina’s Foreign Ministry accused a Ghanaian court of violating rules of diplomatic immunity after it blocked an Argentine naval training ship from leaving one of the African nation’s ports.
 
The ruling, in response to a petition from NML Capital Ltd., an investment fund that owns Argentina’s defaulted bonds, has been challenged by the South American nation’s government, the ministry said in an e-mail statement today.
 
Argentina won’t give in to “attempts at international and local extortion by vulture funds,” the ministry said.
 
NML and other holders of bonds that weren’t swapped in two restructurings of the $95 billion of debt on which Argentina defaulted in late 2001, are seeking to recover the full value of the securities. About 94 percent of the defaulted bonds were restructured in 2005 and 2010, giving creditors about 30 cents on the dollar.
 
 
Business Insider
 
Thursday, October 04, 2012
 
By Joe Weisenthal
 
The above ship is the ARA Libertad, a training ship owned by the Argentine navy.
 
And now it's been seized. By a hedge fund. While it was docked in Ghana.
 
Why? Because Argentina is in a long legal battle with the hedge fund Elliott Capital Management, which has been trying for years and years to get Argentina to pay a 2001 bond it owes in full. Because it's recently won a court judgment saying that Argentina owes it money, it was able to get an injunction from the government of Ghana saying it's entitled to pay the ship.
 
The FT's Sam Jones and Jude Webber report:
 
The hedge fund, run by the US billionaire Paul Singer, has been closely monitoring the course of the Libertad, according to sources familiar with the firm.
 
Elliott had been waiting for the ship to stop in a port where it would have a chance to enforce legal judgments previously awarded by UK and US courts. The hedge fund declined to comment.
 
The whole thing is quite dramatic.

Mittwoch, 3. Oktober 2012

Frigate Libertad is held in Ghana over bondholder lawsuit



This article got cut off in the English translation.  Please see below.
 
Clarin
Frigate Libertad is held in Ghana over bondholder lawsuit
 
Wednesday, October 03, 2012
 
By Ana Baron
 
The order of the Superior Court of Ghana that yesterday detained the Frigate Libertad in Puerto Tema at the request of the vulture funds is clear.  “The Accused (the Foreign Ministry of Argentina), its officials, agents ... including the capital of the Ship, Pablo Lucio Salonica, and the crew are prohibited from moving the frigate ARA Libertad from Puerto Tema without a new order from this court,” it says.  And it adds that the authorities of the port must retain all of the ship’s documentation, be it electronic or printed.
 
More still, the order – which Clarin obtained – says that members of the crew must surrender to the authorities of the port.
 
The port of Tema, where the Frigate is detained, is in Accra, the capital of Ghana, which is a former English colony situated in Africa, on the shores of the Atlantic Ocean.
 
The plaintiffs, NML Capital Ltd of Elliott Management, and Huntlaw Corporate Service, a group that legally represents every kind of investment funds, asked for the detention of the Frigate in an attempt to collect on rulings that they’ve obtained in their favor in the courts of New York.
 
The goal is to attach the Frigate.
 
During the hearings that will take place starting together the Argentine government could obtain the release of the Frigate by paying bail.  But it is still very early to know what the judicial decision will be or what amount the bail could come to.
 
The detention of the Frigate is another indicator of the discontent that exists at the international level with respect to Argentina, which Washington characterizes as “not honoring its international obligations.”  ATFA, the group that is pressuring through lobby efforts in the Congress in the name of the vulture funds, has contributed enormously toward creating an “anti-Argentina” climate not only at the domestic level, but also internationally, including in London.
 
The teaching vessel Frigate Libertad said on June 2 from the Port of Buenos Aires, beginning the traditional graduation trip for 69 marines, of which 15 are women.  “It’s a big part for all Argentine citizens to see our teaching vessel Frigate Libertad set sail on a trip around the whole Southern Atlantic, through countries in South America, Europe and Africa,” said the captain of the ship that day, Carlos Alievi.  It’s impossible to imagine then that one of the most important symbols of the Argentine navy would be detained at the port of Tema, Ghana, over a judicial order.
 
Two sources confirmed to Clarin that the detention took place yesterday and the judicial order from Ghana, which this newspaper obtained, was issued by the Superior Court of Judicature in the High Court of Justice (Commercial Division).
 
On the day that the ship sailed from Buenos Aires, Captain Alievi was very proud because it would be the first time that the teaching vessel would visit Ghana, Angola and Namibia.
 
“With a crew of 220 men and women and 110 students, the ship is carrying aboard, in addition to Argentines, students of other South American countries that are accompanying us, with the pride that comes from a teaching vessel that has united” the region, said the officer to the Telam agency at the time.  

Argentina’s Foreign Ministry accused a Ghanaian court of violating rules of diplomatic immunity after it blocked an Argentine naval training ship from leaving one of the African nation’s ports.


Autor: esteban
Datum: Heute, 20:05
 
BUENOS AIRES, Oct 3 (Reuters) - An Argentine navy ship has been detained in Ghana following a court order sought by "holdout" creditors suing Argentina in international courts over its 2002 debt default, officials said on Wednesday.

Argentina declared a world-record sovereign default during an economic meltdown a decade ago. It faces numerous lawsuits in U.S. courts by bondholders who want to recover the full value of the defaulted bonds and have sought to freeze state assets.

The bondholders, which the left-leaning government of President Cristina Fernandez calls vulture funds, normally target foreign bank accounts held by state-run companies or government agencies.

"The vulture funds have crossed a new line in their attacks on Argentina," a Foreign Ministry statement said. "The Foreign Ministry has already approached the African nation to clarify the stunt pulled by the unscrupulous financiers."

It said NML Capital Ltd, an affiliate of the investment firm Elliott Management, had sought the court order.

A navy source said the Libertad, a frigate that is used as a training vessel, would only be able to set sail if Ghanian courts lifted the order.

The Libertad was visiting Ghana as part of a West African tour and it is due to head next to Angola.
Mit Zitat antworten
  #3068  
Standard Thema: AW: Argentinien
Autor: esteban
Datum: Heute, 20:09
 
Argentina’s Foreign Ministry accused a Ghanaian court of violating rules of diplomatic immunity after it blocked an Argentine naval training ship from leaving one of the African nation’s ports.

The ruling, in response to a petition from NML Capital Ltd., an investment fund that owns Argentina’s defaulted bonds, has been challenged by the South American nation’s government, the ministry said in an e-mail statement today.

Argentina won’t give in to “attempts at international and local extortion by vulture funds,” the ministry said.

NML and other holders of bonds that weren’t swapped in two restructurings of the $95 billion of debt on which Argentina defaulted in late 2001, are seeking to recover the full value of the securities. About 94 percent of the defaulted bonds were restructured in 2005 and 2010, giving creditors about 30 cents on the dollar.

The action against the ARA Libertad tall ship in Ghana follows attempts by holders of defaulted bonds to seize Argentine government assets, from aircraft owned by flagship airline Aerolineas Argentinas to central bank funds deposited in banks in New York.

Bondholders are also waiting for a federal appeals court to rule on a decision from a U.S. district court that a so-called pari passu clause in the defaulted bonds bars Argentina from paying investors who participated in the 2005 and 2010 restructurings before it pays the holdouts. The appeals court heard arguments in July.

Debt Risk

Argentina hasn’t sold debt in global credit markets since its default.

The extra yield investors demand to hold Argentine government dollar bonds instead of Treasuries fell 9 basis points to 873 basis points today, according to data compiled by JPMorgan Chase & Co.’s EMBIG index, the highest in South America after Venezuela.

Peter Truell, a spokesman for Elliott Management Corp., the hedge fund founded by billionaire investor Paul Singer that runs NML, declined to comment on the Ghana court decision.

The Libertad, built in 1956, left Buenos Aires on June 2 with more than 300 people on board. The vessel was scheduled to call at ports in Brazil, Suriname, Guyana, Venezuela, Portugal, Spain, Morocco, Senegal and other countries. From Ghana, it was due to sail for Angola, according to a press statement by the navy.
[Bloomberg]

wo ist der Counter

abgeblieben....

Argentinische Fregatte in Ghana für Bondholder NML (Elliott) beschlagnahmt ?


Mittwoch, 3. Oktober 2012

Argentinische Fregatte in Ghana für Bondholder NML (Elliott) beschlagnahmt ?

normalerweise unterliegt Kriegsmaterial der Souveränität....vielleicht ist das in Ghana anders......
Clarin
Frigate Libertad is held in Ghana over bondholder lawsuit
Wednesday, October 03, 2012
By Ana Baron
The order of the Superior Court of Ghana that yesterday detained the Frigate Libertad in Puerto Tema at the request of the vulture funds is clear.  “The Accused (the Foreign Ministry of Argentina), its officials, agents ... including the capital of the Ship, Pablo Lucio Salonica, and the crew are prohibited from moving the frigate ARA Libertad from Puerto Tema without a new order from this court,” it says.  And it adds that the authorities of the port must retain all of the ship’s documentation, be it electronic or printed.
More still, the order – which Clarin obtained – says that members of the crew must surrender to the authorities of the port.
The port of Tema, where the Frigate is detained, is in Accra, the capital of Ghana, which is a former English colony situated in Africa, on the shores of the Atlantic Ocean.
The plaintiffs, NML Capital Ltd of Elliott Management, and Huntlaw Corporate Service, a group that legally represents every kind of investment funds, asked for the detention of the Frigate in an attempt to collect on rulings that they’ve obtained in their favor in the courts of New York.
The goal is to attach the Frigate.
During the hearings that will take place starting together the Argentine government could obtain the release of the Frigate by paying bail.  But it is still very early to know what the judicial decision will be or what amount the bail could come to.
La Nacion
Wednesday, October 3, 2012
To be translated.
Ministry of Foreign Affairs
A DEVIOUS ATTACK BY THE VULTURE FUNDS AGAINST ARGENTINA
Buenos Aires, Wednesday, October 3, 2012
(See PDF Attached)
The vulture funds have crossed a new limit in their attacks on the Argentine Republic.  The Frigate Libertad has been held in the Republic of Ghana over a recourse presented by NML Group before the courts of that country.  The Argentine Foreign Ministry has already taken steps with the African nation’s government to clear up the deception that the unscrupulous financiers have mounted.  That measure is in violation of the Vienna Convention on diplomatic immunity.
The vulture fund NML has its headquarters in the Cayman Island, a fiscal lair that it’s worth recalling is a colony of Great Britain, from which those who don’t submit themselves to the laws of any jurisdiction operate and they’ve been denounced both by the G-20 and the United Nations.
The NML Group belongs to international speculator Paul Singer and he is the main financier of the lobby that operates in the courts and the Congress of the United States with the name “ATFA” (Task Force Argentina) to damage our country.  Also, they disseminate false information for the use of some Argentine monopolistic press media, with the goal of extorting Argentina in order to obtain usurious profits from buying Argentine bonds for pennies during the 2001 crisis and refusing to join the 93% of the investors that agreed to the debt restructuring.
That group of lobbyists are the same that tried to harass the President during her recent trip to the United States passing out aggressive fliers against the presidential investiture.  Another of its actions was to place a gigantic rat in the doorway of the Argentine embassy in Washington when the anniversary of our independence was being celebrated.   
The Foreign Ministry reiterates that it is the decision of President Cristina Fernández de Kirchner to not bow before the international and local attempts at extortion that have been brought forth by the vulture funds and will continue to denounce them in various forums such as the G-20, the United Nations, CELAC, UNASUR and MERCOSUR, FATF and the other multilateral organizations.
El Cronista
Argentina is not paying part of its debt today
Wednesday, October 03, 2012
By Ignacio Olivera Doll
The Moody’s ratings agency made it very clear yesterday that it sees it as very likely that it will finally determine a lowering of the rating assigned to Argentina’s debt – after having changed its perspective to “negative” last week – for the continuation of some policies that put its capacity to pay in doubt.
The agency believes that the adulteration of official statistics, which affect yields on bonds indexed by the official inflation index, and the decision to leave the debt with the Paris Club unpaid, describe in large part the debt profile that the Argentine government represents as an emitter.  And that they could be a sign of the commitment that the current administration could assume towards its creditors in a more complicated macroeconomic scenario, as is already being predicted.
“What we put forth is this: if with record commodities prices and historic public revenues give Argentina the luxury of not paying its debt, what will happen in the medium term if those revenues fall?” warned Gabriel Torres, the sovereign director for the agency.

Dienstag, 2. Oktober 2012

But yesterday, in a four line decision, the high court chose to reject the appeal, which leaves the lower court decision in force. The decision was signed by all the judges, with the exception of Justice Sonia Sotomayor, according to what LA NACION confirmed from court sources.

La Nacion
Another attachment against the country in the U.S.
 
Tuesday, October 02, 2012
 
By Silvia Pisani
 
WASHINGTON.- It’s a small amount.  But the meaning of the step taken yesterday by the U.S. Supreme Court is that it allows the so-called “vulture funds” to collect money from Argentina.
 
It’s the second time that it’s done so over the course of the year, and the move is beginning to be attentively watched both in the government as well as among those who follow the myriad of court cases that Argentina still has pending in U.S. courts. 
 
At the close of this edition, however, an Argentine government source told LA NACION that the issue “does not represent” a serious concern in the face of the hard judicial battle it’s having with creditors of bonds in default.
 
"This judicial decision has no greater value as a precedent than other cases, it just confirmed an attachment over a bank account of the National Agency for the Promotion of Science and Technology,” said Ambassador Jorge Arguello.
 
The affected amount is US$3.2 million that the ANPCYT had deposited in an account of Banco Nacion in New York.
 
The account was detected by EM Ltd – of millionaire Kenneth Dart – and NML Capital, owned by Elliott Management, which asked for an attachment from Judge Thomas Griesa of New York, in whose courtroom various cases against Argentina are concentrated.
 
Three years ago, in September 2009, the New York court confirmed the decision, but in its desperate attempt to block it, Argentina appealed to the highest court, the United States Supreme Court.
 
Pre-emption drops
 
But yesterday, in a four line decision, the high court chose to reject the appeal, which leaves the lower court decision in force. The decision was signed by all the judges, with the exception of Justice Sonia Sotomayor, according to what LA NACION confirmed from court sources.
 
Official sources admit that the funds in question “have a long practice” in lawsuits over sovereign debt in default and that they were attached in an “aggressive judicial campaign” to collect unpaid assets from our country for more than US$2 billion.
 
While in this case the amount released is much less – only three million dollars – the meaning is that it is the second victory of this kind that they have obtained over the course of the year.  In July, they got access to US$23 million deposited in New York and, in part, corresponded to Banco Hipotecario, but were controlled by the private IRSA group.
 
The funds, whose attachment is now enabled, belong to the technology promotion agency which is under Minister Lino Barañao.
 
However, government sources said that the “nature” of those funds is oriented towards “commercial activities” and that they don’t necessarily represent national state assets.  “The funds deposited there were used for purchases that constitute a ‘commercial activity’ under U.S. law, and a private entity could have made the same kind of operations,” Arguello explained.
 
"This reasoning does not translate into other assets abroad, of Argentine state ownership, which are of a ‘sovereign nature’, and for that the vast number of attachments have been rejected where they’ve attempted to get assets from our country,” he added. 
 
The fear is that U.S. courts are setting a precedent that allows the attachment of Argentine assets abroad.  Sources consulted assured that this is not the case with this new ruling.  “It’s not anything pleasant, but it doesn’t fill us with fear,” they said. 
 
In the last three years, the “vulture funds” have increased their pressure in the American courts.  The tension with the government came starting with their refusal to enter the second debt swap offer held in 2010.

Das Gericht hatte daraufhin zunächst in der mündlichen Verhandlung überraschend die von der Beklagten erhobene Einrede der Verjährung bejaht, mit der Begründung, dass das Güteverfahren aufgrund rechtsmissbräuchlichen Verhaltens der Antragsteller nicht die Verjährung gehemmt hätte.

München, den 26.07.2010: Mit Urteil des Landgerichts Frankfurt am Main vom 16.07.2010 haben zwei von der Kanzlei CLLB-Rechtsanwälte vertretene Anleger gegenüber dem Staat Argentinien die Zahlungsverpflichtung der in den Anleihebedingungen ihrer Argentinien-Anleihen in Aussicht gestellten Zinsen erstritten.

Die Anleger hatten in dem Jahr 2001 eine vom Staat Argentinien emittierte Anleihe gezeichnet. Seit dem Jahr 2002 erhielten die Anleger keine Zahlungen mehr, nachdem Argentinien die Zahlungsunfähigkeit festgestellt hatte. Zur Erzielung einer außergerichtlichen Einigung und zur Verjährungshemmung leiteten die Anleger Ende des Jahres 2008 ein Güteverfahren bei einer gesetzlichen Gütestelle ein. Da der Staat Argentinien allerdings eine Einigung verweigerte, erhoben die von der Kanzlei CLLB Rechtsanwälte vertretenen Anleger Klage vor dem Landgericht Frankfurt am Main auf Auszahlung der noch ausstehenden Zinsen.

Das Gericht hatte daraufhin zunächst in der mündlichen Verhandlung überraschend die von der Beklagten erhobene Einrede der Verjährung bejaht, mit der Begründung, dass das Güteverfahren aufgrund rechtsmissbräuchlichen Verhaltens der Antragsteller nicht die Verjährung gehemmt hätte. Daraufhin legte Rechtsanwalt Christian Luber, LL.M., M.A., der das Verfahren für die auf Kapitalmarktrecht spezialisierte Kanzlei CLLB Rechtsanwälte mit Sitz in München, Berlin und Zürich geführt hat, dar, dass nach Auffassung der Kanzlei CLLB Rechtsanwälte in dem Versuch einer außergerichtlichen Einigung unter Hinzuziehung einer Gütestelle keinesfalls ein rechtmissbräuchliches Verhalten des Antragstellers liegen kann. „Dies gilt nach Ansicht des Landgerichts Frankfurt wohl auch dann, wenn - wie im vorliegenden Fall - der Antragsgegner zuvor keinerlei Einigungsbereitschaft gezeigt hat.", so Rechtsanwalt Luber. „Die Einleitung eines Güteverfahrens hemmt somit auch dann die Verjährung, wenn das vorrangige Ziel des Verfahrens in der Verjährungshemmung liegt. Das Gericht hat sich zwar in seinen Urteilsgründen nicht mehr mit der Problematik auseinandergesetzt, allerdings ist aufgrund des zuvor geäußerten Hinweises des Gerichts hinsichtlich der Verjährungsproblematik davon auszugehen, dass es sich nun der Rechtsansicht der Kanzlei CLLB Rechtsanwälte angeschlossen hat."