Enriching lives

ICICI Bank has relentlessly pursued customer focused strategies, innovative mechanisms and market penetration approaches to reach its current position. Today it has a global presence and a rich customer base spanning 19 countries including India, through its combination of banking subsidiaries, branches and representative offices.

The international banking group has been one of the strategic arms of ICICI Bank. The subgroup NRI (Non-resident Indian) services has been an engine of growth for this segment, thanks to the strong business model it has adopted.

Today, ICICI Bank NRI Services has established a strong franchise among NRIs by offering a comprehensive product suite, technology enabled access, a wide distribution network in India and alliances with local banks in several overseas markets. In 2008, the Asian Banker association accorded recognition to this subgroup for “business modeling and revenue distribution”.

The genesis
ICICI Bank NRI Services was formally launched in 2001 to provide a one-stop service point to address the home-linked financial needs of the NRI population. At a bank level, the establishment of the NRI Services group was a key step in adding international revenue streams and diversifying risks across geographies. The NRI product suite quickly evolved to include a variety of products, addressing the entire gamut of financial needs of this overseas community.

Business model
ICICI Bank, in its remittance and NRI product suites, has built a very comprehensive service architecture around the various segments of the migrant population that is unrivaled in Asia. What differentiates ICICI Bank from the rest is the NRI lifecycle approach that clearly segments the NRI cycle and aligns specific products and services to it. ICICI Bank has a full-fledged customer relationship management programme that makes use of a rich database for targeted marketing and effective segmentation to deliver superior products and services that contributes to a strong bottom line performance for the Bank. The NRI service team ensures regular contact and communication with the NRI both in  the country of residence as well as every time they visit India.

Remittances is a regular need across the lifecycle of an NRI Customer. In FY 08, India was the largest remittance receiving country in the world, with total inward remittances pegged at over $46bn, which is a clear indication of the market potential of this need. To address this, a dedicated team constantly explores the optimum products and services enabling the customer to remit money in the fastest and most convenient manner possible.

Today, ICICI bank, in addition to providing the innovative online remittance product – Money2india, has launched innovative products like Instant Branch Transfers which enable the NRIs to transfer money to beneficiaries having accounts with ICICI Bank on a real time basis and the “Easy Receive” account which was developed for the convenience of the beneficiary in India. ICICI Bank remittance offerings simplify the end to end procedure of a remittance, whereby an NRI can initiate, track and confirm the completion of remittance to the beneficiary.

ICICI Bank offers a product suite, which is, one of the most comprehensive in the marketplace, and is designed to cater to its target segments at all stages of the lifecycle. Along with basic NRI product offerings in the form of NRE/ NRO Savings and Term deposits, the bank also offers segmental offerings, as a result of extensive research undertaken to determine the exact banking needs of a customer.

ICICI Bank is the first Indian bank to offer the twin account facility under the Global Indian Account umbrella, which consists of an NRE savings account and a current account in the country of the customer. Access to the account by way of debit card, internet banking password, cheque books and operating instructions are given to the customer over the counter in India before he goes overseas. Further, instance remittance facility is offered between the current account in the overseas country and the Easy Receive account to conveniently transfer money to India. This facility is now available for US and UK customers, and will soon be launched in Canada. The global Indian account offers seamless banking for the NRI and takes away the worry of opening a bank account in a new country.

NRI Edge, launched last year is a premium product proposition through which various benefits are offered to NRIs. These include platinum debit card, priority servicing, travel and medical insurance as a bundled value offering.

Customer relationship
ICICI Bank is one of the few Indian banks to offer round the clock dedicated customer service for the NRI segment through toll free numbers in major geographies, which helps resolve customer queries and provides assistance at every stage. ICICI Bank also has a superior Internet platform, which caters to commonly used customer transactions within the comfort of their homes. The Click2Call initiative is the first of its kind in the industry, wherein the customer only has to click a link and provide his details and the customer representative gets in touch with him within 30 minutes.

ICICI Bank endeavours to engage actively with its customers and provide complete financial solutions, according to their needs. The e-Relationship Manager (eRM) initiative has been launched by the bank, envisioned as the single point of contact for the customer’s banking needs. This facility is offered to select customers only as of now. The eRM not only provides information about products and assists the customer with all his banking needs, but also performs goodwill gestures like wishing the customer on special occasions. The bank has created a special relationship base through this proposition.

It has been observed that the NRI customer seeks information on taxation and in particular, his Indian investments, which he may not have easy access to from his country. Keeping this need of the customer in mind, the team has launched a unique initiative known as Webinars (web-seminars) on a periodic basis, wherein industry experts are invited to disseminate information. Through webinars, the customer can listen to the expert and obtain his queries on a real time basis from his home. For customers in India, live seminars are conducted during high NRI footfall seasons, which vary across the country. These initiatives give the bank an opportunity to engage with the customer in person, thus fostering a long lasting relationship.

Investment and insurance products
For financially savvy investors, ICICI Bank provides the 3-in-1 trading account (demat, trading and bank accounts coupled into one account) through ICICIDirect.com, which allows an NRI to invest in equity, futures and options, IPOs and other financial products on a real time basis. This offers the customer an efficient and hassle free trading platform.

The NRI seeks gains through trading, but also needs alternate long term and high return investment options through the property market in India. For these customers, ICICI Bank offers a wide variety of Mortgages and Property Search products to find, fund and insure their homes in India.

The bank also offers to some eligible customers the Life Insurance and General Insurance products to provide safety and security of the NRI’s family and assets in India. This includes investment and savings plans, retirement plans and child plans, as well as home and health insurances for his and his dependents in India to avoid any financial contingencies.

Conclusions
The NRI Services arm of ICICI Bank has made significant strides ever since its launch in 2001. The success has been achieved by understanding customer needs and then leveraging its competencies in terms of its product suite, reach, alternate channels, customer engagement and technology platforms. This provides a very enriching customer experience across all stages of his/her relationship with the bank.

The NRI business is deepening its customer interface and product suite to play a larger and proactive role in the full realisation of India’s potential. It has helped the bank to diversify its earnings across businesses and geographies, taking India to Indians. The focus going ahead will be to strengthen the presence in existing overseas locations, maintain high and prompt levels of service and use customer friendly communications channels to have top-of-mind recall amongst the entire NRI community for any of their financial services requirement.

New horizon for oil and gas

Innovation is vital for the future of the energy industry, something which oil and gas services and solutions company Al-Rushaid recognises. The firm works with international partners to adapt new solutions and technology and transfer them to the Saudi Arabian market. Drive across many oil and gas fields of Arabia and you’ll see a distinctive bright orange plume whooshing into the sky from a specially designed vertical pipe. Unfortunately, these plumes often leave smoke trails that can be seen for miles around.  Oil and gas flares, as these flames are known, are a common aspect of production to release a build up of pressure in the plant.

Yet despite their prevalence, the flares really represent wasted resources and environmental damage. Increasingly, oil and gas production facilities are looking at ways of capturing this excess gas or dealing with it in a more environmentally-friendly manner.

A newly-developed “smokeless flare” is one solution to the problem. The technology enables excess gas to be released but reduces the waste and environmental impact of traditional methods.  The technology was initially developed by an engineer from Saudi Aramco, and then licensed to US-based Zeeco, who in-turn partnered with the multi-faceted oil and gas conglomerate Al-Rushaid to bring the technology to the Saudi market and around the globe. Under the joint venture, Al-Rushaid has established a production facility in Saudi Arabia to produce the technology and ship the product to markets around the world.

The arrangement is typical for Al-Rushaid in many ways. For a start, it is constantly searching for new technologies to improve oil and gas extraction, refining, and energy management.  It is also characteristic of the company’s structure; Al-Rushaid has more than 30 different joint venture and wholly owned subsidiaries.

Innovation and diversity
Al-Rushaid’s focus on innovation and development of new technologies neatly complements the company’s continual growth and diversification. The company began life in 1978 when Sheik Abdullah al-Rushaid, formerly an employee at Saudi Aramco, started his own business. From the beginning, many arms of the company were joint ventures with partners from around the globe.

Today the company partners with dozens of international companies and institutions to bring specialised products and services to Saudi Arabia. Often Al-Rushaid will supply the plant facilities and assist its international partner with access to capital,  local and global manpower resources, and the Saudi Arabian and Gulf States marketplace of business.

“Because of our long-sustained relationships with the Saudi government and Saudi Aramco, we have access to market which many other companies outside of the region would not have,” explains Abdullah Al-Rushaid.

“The flipside is that many of these companies have interesting technology that can be deployed to this geographic region.   Our company’s key value proposition is to transfer and deploy technology in energy and information technology industries to the Saudi Arabian and Middle East region,” says President and Vice Chairman Rasheed Al- Rushaid.

This arrangement means that Al-Rushaid maintains an integral place at the forefront of new technological developments. It continues to explore new areas of development, new technology and new partnership possibilities.

Again, this is characteristic of the company, which has barely sat still since its earliest days.  After an initial 10 years focusing primarily on the oil and gas industry, Al-Rushaid began to branch out into related areas. Today the group has a diverse set of related enterprises including Arabian Rockbits & Drilling Tools, Al-Rushaid Trading Company, Ensco Arabia, Global Al-Rushaid, Cameron Al-Rushaid, NATCO Al-Rushaid, Weatherford Saudi Arabia, Flowserve Al-Rushaid, Al-Rushaid Construction, Cleveland Bridge Group,  Dresser Al-Rushaid Valve & Instrument, Whessoe Oil and Gas, Al-Rushaid Petroleum Centre, and others.

Energy production remains Al-Rushaid’s core business, however, and it continues to form new partnerships and explore other areas of technology transfer. And while Al-Rushaid is primarily focused on energy from oil and gas today,  the whole domain of renewable energy and efficient energy management is also part of the vision of the company, says Rasheed Al-Rushaid.

Saudi Arabia, has some of the largest reserves of hydrocarbon energy in the world and there’s a much greater consciousness here about conserving energy, conserving natural resources, more than there is anywhere else in the world, says Rasheed Al-Rushaid, President of Al- Rushaid.

“Even the resources which would appear to be in abundant supply, we treat them as a treasured resource. So we are putting a lot of investment into maximising utilisation and conservation of those resources.”

Al Rushaid’s partnership with Zeeco is a good illustration of this culture. Demand for this product is strong and will continue to increase in the Gulf States region and around the globe.

Another important new link-up for Al-Rushaid in this area is its partnership with the newly-opened King Abdullah University of Science and Technology (KAUST) to explore areas for future research and development. KAUST is a research university which is emerging as a leader for technological innovation and will be an incubator of new commercial applications and business relevant to our company, Rasheed Al-Rushaid says.

“We are collaborating with them to help identify areas to go into, to use some of the facilities of KAUST which will be used as technology labs to spin-off new joint ventures, and so on.”

Al-Rushaid is also a founding member of a technology transfer partnership with the university that will examine ways of commercialising academic research that comes out of the institution.

Growing industry
The oil and gas industry is picking up again after the last 12 months,  Abdullah Al-Rushaid believes, although he notes that overall Saudi Arabia and  Middle East was much less affected by the downturn than the rest of the world.

Today the price is still not close to previous years’ highs (July 2008)  of around $125 a barrel. But, it has now increased  to a level where oil and gas companies could feasibly fund new exploration and this can be seen happening throughout the region.

“If the price continues to hover in the 70s and 80s  and continues its climb,  I think you’ll see hydrocarbon exploration and production gradually increase again during 2010 and beyond,” says Chairman Adbullah Al-Rushaid. “With products like Zeeco and others, we are continuing to come up with innovative products and solutions which I wouldn’t say are entirely recession-proof, but at least we have a balanced portfolio of subsidiaries and joint ventures now which mitigate risk.

Al-Rushaid is now looking to the future and planning for its next thirty years, and beyond. The company’s evolution will continue, with some highly positive changes set to be introduced,” says  Rasheed Al-Rushaid.

“We are recognising the importance of being a global player in the market place for our unique portfolio of energy industry related solutions and services for now and into the future.”

For further information tel: +3893 3333; www.al-rushaid.com

One to watch

In every economic downturn there are inevitably winners and losers. Espírito Santo Investment, winner of the 2009 World Finance Award for best investment bank in Portugal, is one of today’s winners. “How many banks remained liquid and continued lending throughout this latest global economic crisis?” asks Executive Vice-Chairman Rafael Valverde. “How many institutions, following the collapse of Lehman Brothers and the international liquidity crisis, would have gone ahead with plans to open a branch of their investment bank in New York City?”

Although the Portuguese banking system is subject to the same liquidity constraints as everyone else, it was largely untouched by the major shocks that caused many banks around the world to collapse or significantly rewrite their balance sheets. “Portugal is a net importer of capital,” explains Paulo Martins, head of Corporate Finance. “As such, our banks really did not have the incentive to take on some of the toxic assets that caused problems for other banking communities. As a result, we maintained a solid balance sheet and have kept on lending to our customers throughout the crisis.”

And there are deals to be done. While other banking communities have seen a decline of 50 to 60 percent in the available deal flow, Espírito Santo in Portugal has experienced only a 30 percent decline. Paulo Martins attributes this in part to the relative isolation of the slow-growing Portuguese economy, which was immune to much of the financial crises that hit international markets. Now that the dust is settling in markets like neighbouring Spain, the devaluation of assets in those countries is tempting Portuguese investors to pick up some bargains. “I would think we will have a period of around two years when Portuguese companies can get involved in opportunities outside our country that prior to the collapse they couldn’t afford,” he comments.

Many of these deals come to Espírito Santo, which has built competitive advantages in its domestic market by developing a distribution footprint that is very similar to the presence that major Portuguese clients have internationally. “The Portuguese market is too small for the large international investment banks to sustain a presence, so there was a clear opportunity for a local bank to build an international platform that would support Portuguese business activities,” says Paulo Martins. Working with local clients, Espírito Santo now has a larger presence in Spain and Brazil than any other Portuguese investment bank, and is building its platform in Poland, Angola, the UK and New York as its clients look to become more involved in these geographic areas. 

Espírito Santo has also built a solid position in capital markets within its domestic arena, and is extending it throughout its growing international distribution platform.  The bank has participated in all the major privatisations in Portugal and led most of the recent IPOs and takeovers in that country. It has also led most of the Eurobonds issued by Portuguese companies. “Our strong position in the local market means that we know better than the big international banks what is going on inside these companies,” comments Luís Luna Vaz, head of Capital Markets.

“With this competitive advantage we are able to support our clients as they expand internationally. We have also built strong research teams in the Iberian and Brazilian markets, and are using our strength in this area to increase our penetration rate into the developing markets.” 

Project finance
“When the world economic crisis hit, the infrastructure markets survived reasonably well,” comments Nigel Purse, the bank’s head of Project Finance. “People still need to travel on roads, drink clean water, have electricity to power their homes and access to hospitals when they are ill. So investment in these infrastructure projects has continued, particularly as many governments respond to recessionary pressures by undertaking public work projects as a way of stimulating their economies.”

Inevitably, by the beginning of 2009 the value and volume of project activity slowed significantly, but for the Espírito Santo Project Finance team there have been some interesting opportunities. “As a result of the world banking crisis, there are now fewer banks in the infrastructure finance market space and liquidity is at a premium,” Purse points out. “Those banks that have built up a proven expertise and maintained their liquidity are finding themselves at the receiving end of a lot of phone calls.”

As a result, the team has a pipeline of well over 100 transactions, the strongest pipeline it has ever had in its target areas of transport, power and energy, and general infrastructure. Unlike the capital market and corporate finance activities of the bank, the project finance team is not constrained by geography, with a current asset book of project finance loans in 18 different countries, and advisory activities in several more. 

Surprisingly, given the size of the projects and the long term investment requirements, infrastructure finance can be a highly faddish area of activity which requires a nimble approach.  “Over the last three or four years we have developed a considerable reputation in renewable energy financing because there has been a lot of technological development coming out of Portugal and Spain in that area,” says Purse. “But now we’re starting to see a lot more projects coming up in conventional power, such as developing natural resource facilities in the Gulf and gas storage capabilities in the energy importing states of Europe.”

Strength through experience
The recent crisis in the global banking community has not only thrown up interesting opportunities for those institutions that maintained a healthy balance sheets, it has also made clients place a significant premium on trust, reliability and deliverability. In Portugal, Espírito Santo’s focus on building strong client relationships through being focused, flexible and reliable has put it in a strong position. “If we think we cannot do something, we openly say so,” says Executive Vice-Chairman, Rafael Valverde. “That gives our clients trust, which is a key part of the relationship that enables us to grow with them in their international activities.”

With access to the majority of the major corporate finance and capital market transactions in Portugal comes the opportunity to work alongside the top international banks. “This gives us solid experience and great credentials to market in the international arena,” notes Paulo Martins. “It gives us the ability to go to any international corporate and present good ideas and experience as part of a group of banks that can deliver success.”

Ironically, it is the economic experience of its home country that may throw up some of the bank’s most exciting growth opportunities in the future. “Portugal and Spain had a pretty unique experience when they joined the EU in 1986,” explains Rafael Valverde.  “Our development was not comparable with the larger economies like France and Germany, so we had the challenge of managing five percent growth per year for nearly a decade. This experience can be of value to businesses operating in or moving into the new EU countries in eastern Europe, and both our clients and the bank itself see this as a major growth area.”

For further information tel: + 351 21 319 69 16; email: psantos@besinv.pt;
www.esinvestment.com

Angolan enterprise goes global

BAI is actively engaged in providing an attentive service to individual customers and offering innovating solutions to support SMEs, while sustaining an undeniable position among corporate organisations and public institutions.

A team of dedicated and expert professionals ensures the bank’s presence both in national and international markets.
BAI has led the efforts to introduce world class practices to the Angolan market mainly through initiatives to improve the efficiency and effectiveness of internal processes, the modernisation of IT infrastructure and risk management; thus, improving its responsiveness to client demands and the solidity of its balance sheet.

Since the end of 2007, BAI has been implementing a project whose main aims include the improvement of the quality of its services through the reengineering of business processes and the modernisation of IT systems not only in its operation in Angola, but also in its international subsidiaries. The adoption of new IT systems, which is well under way, includes the replacement of the core banking system, the introduction of an ERP solution and the implementation of control systems.

Moreover, BAI created new organisational units in order to better manage its risks. For instance, in 2008 BAI created the first Information Technology Security Department in the Angolan banking system in order to monitor and protect all the information systems in place in the bank.

Finally, BAI has implemented a set of internal rules in order to prevent money laundering and terrorist financing. This move by the bank came ahead of any laws passed by the government or central bank regarding these issues.

With 66 branches in Angola, BAI is also present in Portugal, through BAI Europa, in Cabo Verde, through BAI Cabo Verde, S. Tomé e Príncipe and Brazil through partnerships that ensure BAI businesses.

Important operations
Over the last eighteen months BAI has either participated or committed to participate in the financing of major public and private initiatives in the most varied sectors of the economy. The major transactions and deals BAI engaged in are:
– In February 2008 BAI got involved in the financing of a logistics programme to support food distribution in Angola. The bank provided $400m to finance the programme.
– In July 2008, the bank led a syndicate to finance the operations of the largest private oil company in Angola in the amount of $92m participating in it with $60m.
– In August 2008, BAI financed the purchase of buses for public transportation in the amount of $375m.
– BAI was mandated to arrange a $168m syndicated facility for the implementation of a sugar, alcohol and energy mill. In September 2008 the facility was available and BAI participated with $57m.
– In 2009, the bank signed a contract with the government to finance the production and distribution of 40 million school books. The credit facility amounts to $150m. One of the main purposes of the initiative is to revitalise the printing industry in Angola and contribute to reduce the imports of school books.

Internationalisation
Despite the fact that it is still quite young, BAI has always acted in a proactive way, and today – besides being the largest Angolan bank in term of assets – it is also the most internationalised Angolan bank, being present in three continents: Africa (Cape Verde and São Tomé and Principe) Europe (Portugal) and South America (Brazil). Some of these are highly competitive and regulated markets in which BAI has achieved some success. An example of BAI’s international operations success is the increase of BAI Europa share capital, during 2008/2009, by €22.5m to finance its rapid growth, in a period of world financial and economic crisis.  

Corporate social responsibility
BAI’s management understands that the banks’ success depends on the commitment it has with the community in order to contribute to its development. With regards to CSR, BAI has chosen to provide financial services to the poorest and support and promote mainly cultural and sports initiatives. For instance, in 2008, BAI increased its capital in NovoBanco by $5m. NovoBanco is a small microfinance bank where BAI holds a majority stake of 85.7 percent in partnership with Chevron Sustainable Development (14.3 percent). BAI’s investments in NovoBanco follows a CSR rationale, since it aims at providing banking services to the poorest sections of the Angolan population, allowing BAI to share its profits with the community. Moreover, in the last 18 months BAI donated $1.7m mainly to support and promote cultural and sports activities. The activities included, for instance, BAI’s resumption of its BAI Arte brand, a platform to share with the community the works of the most established Angolan artists through exhibitions. BAI’s involvement and support of sports activities have secured it a deal with the Angolan Basketball Federation to name the national basketball championship as BAI CUP for the next three sports seasons.

In 2008 BAI added another country to its opereations with the opening of BAI Cape Verde, a bank where it holds a 71 percent stake. BAI is also present in Portugal with BAI Europa (99.99 percent stake), Brazil with BPN Brasil (20 percent stake) and São Tomé and Príncipe with BISTP ( 25 percent stake).

The 48 percent increase in the number of clients is partially explained by the 47 percent increase in the number of branches. Accounting for the enlargement of BAI’s client base was also the introduction of a very attractive savings solution in local currency, “Rendimento a Campeão”, a 90 days Certificate of Deposit in local currency yielding 10 percent p.a. In 2009, BAI followed on its tradition to innovate offering the best terms in the Angolan market for a 90 days Certificate of Deposit in local currency with the introduction of a product yielding 15 percent p.a. and with a prize (an apartment) at stake.

BAI kept furthering market penetration, by increasing the number of ATM’s and Points of Sale (POS’s) which grew 77 percent and 178 percent respectively. The bank’s sales force managed to persuade an increasing number of businesses on the advantages of its POS’ solution terms. Though the commissions charged per transaction are similar for all banks, BAI, as opposed to its competitors, does not charge a maintenance fee for POSs.

The number of debit cards in circulation grew from 74.979 in 2007 to 133.830 in 2008 as the bank strived to provide a card to each of its clients.

Peace of mind

When Blom Bank was awarded CPI Financial’s gong for the Best Bank in the Middle East earlier this year, the accolade was more significant than it might otherwise have been – it capped a real breakthrough. Not only was this the first time that a Lebanese bank had won the award, and one received after a tough year of global economic turmoil at that, it was also followed by a slew of others: Banker Middle East gave Blom Bank Best Mutual Fund in the Middle East award for this year, as well as that for Best Investment Advisory Service in the Middle East.

Indeed, the awards have come thick and fast, suggesting just how improved standards are paving the way for the Middle East’s successful institutions to play an increasingly important role in the global economy: World Finance, Global Finance and Emea Finance all gave Blom Bank their equivalents of a Best Bank in the Lebanon award, with Global Finance also recognising it for the best trade finance and best foreign exchange operations in the country. So much for room in the trophy cabinet – but Blom Bank also backed it with hard and fast figures: for the first half of this year it recorded the highest profits in Lebanon, up 5.8 percent on the same period last year, to $138.3m – a bravura performance for an organisation with assets also up 8.51 percent for those six months to $19.42bn and with total deposits up 10.47 percent to $16.69bn.

Small wonder then that Blom Bank is now widely recognised as the leading Lebanese Bank, with arguably the strongest household name recognition for a bank in the country and certainly with the greatest reach of any competitor organisation beyond it. As well as domestic subsidiaries including Blominvest, a private investment bank, and Arope, an insurance business, with 56 branches in Lebanon alone – with three more opening over 2009 – Blom Bank now has presence in some 11 other countries too, an on-going expansion programme that began in the mid-1970s. As well as a strong regional reach – it has operations in Syria, Jordan, UAE , Qatar and Egypt, where this year has seen considerable expansion, and where annual profits shot up an impressive 73.4 percent. Blom also has a private banking operation in Saudi Arabia, and banking businesses in Cyprus, Romania, Switzerland, France and UK.

A cultural success
Nor is its spread merely geographic. It is also cultural: a further subsidiary of Blom Bank – and a growing market internationally – is its Islamic bank, called Blom Development Bank, which was launched to the public in the spring of 2007 and carries out all of its banking operations in line with both Sharia law and within the regulations of the Lebanese Central Bank. It offers a deposit service and Islamic financing services taking into account the religious dilemma posed by the fact that Islamic law does not permit the making of money from money – including that made from interest – with wealth generated only through legitimate trade and investment in assets. Sensitive to the particular needs of many of its customers, Blom Bank has consequently offered financial services in the form of, for example, ‘Murabaha’ (by which a commodity is sold with the costs and profit known to the seller and buyer alike), ‘Ijara’ (through which a property is bought by the bank and then sold to the customer for the same price under a long-term ‘promise to purchase’ agreement), ‘Wakala’ (a fee paid for expertise), as well as ‘Tawaruk’ and ‘Istisna’a’.

By the end of 2009, Blom Development Bank will open a branch in Tripoli and one planned for Beirut too, with various locations currently under consideration. The three Sharia scholars on Blom Bank’s Islamic subsidiary’s board have been involved in making it especially competitive in this market through the identification of new types of financial arrangements that are compliant with Sharia law, several of which are in the pipeline for launch over the next few years and which should help Blom tap into local financing activities that have so far been the preserve of conventional banks.

Certainly, Blom Bank’s ambitions have been as much those of scope as geography and culture, setting out its mission as being the intention to operate in all banking and related finance fields. The bank has already had considerable success with its aforementioned insurance division – one which now covers car, health, fire and personal accident areas, as well as life insurance. This year saw the opening of three dedicated insurance branches in Lebanon – a timely follow-up to Arope Lebanon gaining three places to fourth in the total Lebanese Insurance Market Ranking last year – as well as one in Syria, and two insurance companies in Egypt, in relation to life and property insurance markets. Growth has also been seen in the bank’s savings products linked to life insurance, such as its retirement plan denominated in US dollars, and those geared towards covering the cost of children’s education.

As well as the insurance market, Blom Bank is also building its presence in commercial, corporate, retail, private and investment banking sectors. Private banking (through Blom Bank’s Blominvest arm and Blom Bank operations based in Geneva) has been especially successful, with investments and asset management sectors benefiting particularly from Blom Bank’s expertise in Lebanese investment instruments and brokering on the Beirut Stock Exchange (BSI), but also the work of its research department. This produces market-leading daily reports on the Lebanese economy, conducts equity research into Lebanese and regional companies and publishes the respected BLOM Stock Index, Lebanon’s first financial market index, covering all stocks quoted on the BSI. Blom Bank also produces its Blom MENA Banking Index, which tracks the performance of all of the listed banks across 11 Arab countries of the Gulf Co-operation Council, Middle East and North Africa.

Long and short term foresight
The creation of mixed-asset funds – such as the BLOM Cedars Balanced Fund and the Blom Petra Balanced Fund, both launched last year to target the Levant region – is an example of the kind of advances over recent years that might be said to have more than justified that slew of awards. Blom Bank has sought to establish an inclusive customer-friendly approach providing products for all: for those with smaller amounts they wish to use more profitably, Blom has also created a variety of mutual fund investment products; perhaps one of its most stand-out successes has been Tayseer, an investment product that has been reintroduced more than five times, and which on each occasion has provided good returns on everything from currencies to Eurobonds, gold to oil.

Blom Bank’s commercial banking activities are a further case in point of its desire to manage its clients’ money profitably but safely. If in past times it, along with other regional banks, has been considered as rather conservative in its lending policies (shaped also, of course, by central bank regulations), the current economic climate is now seeing these re-framed as ones of foresight rather than fearfulness. Nor has it especially suffered slower profit growth attributed by Lebanese banks to the lower interest rates applied to their high foreign currency liquidity: deposits at Lebanese banks grew by $8bn over the first half of this year, with expectations that Lebanese living abroad would make less income and transfer less money being over-turned and money continuing to flow.

Tight terms and required collateral have remained the bedrock of Blom Bank’s lending policy – with consideration given to the Lebanese Central Bank’s urging of Lebanese banks to lend more in Lebanese pounds instead of dollars to reflect a shift in bank deposits from foreign currencies to the local currency. Compared with its peers, Blom Bank’s profitability ratios are strong, something attributed to the greater cost efficiencies that have done so much to build its reputation – net interest income accounts for close to three quarters of the bank’s operating revenues and is mostly generated from holding inter-bank deposits and government securities (this, as with many Lebanese banks, being considered an excessive exposure to sovereigns).

But, crucially, this is not to say that Blom Bank – established in 1951, one of Lebanon’s oldest banks and still its largest lender by profit – has lacked imagination: its board would be the first to recognise that a conservative attitude alone may allow for growth but at a painfully slow rate. This year, for example, has seen Blom Bank look more to financing the likes of real estate developer Landmark’s benchmark residential and tourism project in Beirut’s Central District Area. Blom’s involvement in such deals – this one to the tune of $130m – is expected to be especially welcome due to its consistently high profile in the domestic market. Blom Bank is also active in sponsoring events which promote the image of Lebanon on the International scene such as Blom Beirut Marathon. In preparation for the opening, earlier this year the bank signed a deal which will see it remain the key sponsor until 2011.

Indeed, while Blom has adopted a policy of expansion that has taken as far west as Paris and London, its chief commitment might rightly be said to be local at heart: its regional expansion has been of especial benefit to the growing number of Lebanese and Arab expatriates throughout the Middle East.

Clearly the bank can make a strong claim to market leadership in Lebanon, with recent years seeing a number of innovations in other countries too, many of which have been quickly imitated by the competition. Blom was, for example, the first bank in Jordan to drop the requirement for a guarantor for car loans. In Egypt it was the first to introduce an international MasterCard co-branded with the local network 1-2-3 which, cleverly, works as a local card in Egypt and an international card abroad. And in Syria it was one of the first four private banks granted a licence.
Retail banking has also been a key area of development for the bank over recent years. Much like other banks, Blom Bank has pursued an inclusive policy aiming to develop products for all needs and incomes: its range of payment cards, for example, operates under both Visa and, as had been noted, MasterCard brands but includes options from Classic through to Black Platinum, as well as a similar spread of corporate cards – among many firsts, Blom Bank, in fact, launched the Middle East’s first Visa Platinum Corporate card, as well as its first Visa Platinum Business card. Ahead of many companies in the banking sector, it also offers prepaid cards and those dedicated for internet banking, and has got together with cellphone network provider Alfa to create another first for the Middle East, a co-branded credit card programme that gives its members free talk time under certain Alfa deals.

Certainly Blom Bank has been quick to not only identify specific customer groups and provide them with dedicated products – its recently-launched Watan card, for example, was created just for use by members of the Lebanese army and security forces – but to give an unusual degree of customer personalisation too: Blom Bank’s ‘personalise your card’ system allows cardholders to order their card, on-line or through branches, with their choice of image selected from Blom’s picture library. This again, was a first in the banking world across the Middle East.

A similar thinking lies behind its Golden Points Loyalty programme, which, with every $100 of purchases allows cardholder to win from a range of gifts, among them top-flight hotel stays, electronic goods, airline tickets as well as gifts from certain establishments accepting the cards. Certain cards also offer an innovative cash back programme that allows cardholders to redeem a percentage of their purchases, from three percent up to an impressive 25 percent. With the same kind of personalisation in mind, Blom Bank also offers a variety of specialist accounts, including traditional savings accounts, as well as those devised to help with the mundane – the settlement of utilities bills, for example – as well as the more magical – such as preparing for a wedding.

Technology applied by Blom is helping consumers and retailers alike throughout Lebanon too. For consumers, Blom Bank’s branches throughout the country each have an ATM, with five branches of a new format offering faster teller service having been opened over the last year. And for retailers, Blom’s Point of Sale machines now accept all forms of payment card, as well as the latest generation of chip cards, which have been introduced over recent years to minimise the risk of fraud. With this being a key priority throughout the retail banking sector, Blom Bank has also established a 24hr call centre to deal with any service issues as well as a network of dedicated account managers to handle particular POS problems. A similar service is also offered to customers, together with internet and telephone banking. Telephone banking of another order is in operation here too: customers can also receive SMS alerts whenever the balance of their account changes.

Technology is just the most obvious way in which Blom Bank is looking forward. The bank’s primary strategic objective remains to maintain its leading position in Lebanon, chiefly through the organic growth with which it has been characterised for the last half century, as well as maintaining its efforts to preserve its outperforming level of cost efficiency and consolidating its one-stop-shop, universal bank profile. The bank’s motto – ‘Peace of Mind’, which was driven home in yet another innovation, last year’s advertising campaign, the first of its kind on Lebanese national TV – is proving to be as much a promise as a marketing tag-line.

For further information email: blom@blom.com.lb;
www.blom.com.lb

Clamping down on directors

Given the difficulties that prosecuting authorities have with regards to trying to stamp out anti-competitive practices and cartel activity, it is perhaps unsurprising that the UK’s consumer watchdog wants to equip its armoury with something more threatening than punitive fines and even jail times. The Office of Fair Trading (OFT) has announced that it is considering widening its use of competition disqualification orders (CDOs) against company directors in an effort to crack down more effectively on anti-competitive practices.

Currently, company directors are only likely to face disqualification for breach of competition law if they are found to have personal responsibility for their companies’ contravention of the competition rules. However, the OFT wants to change this approach – and it does not require any change in existing law to do so. The court’s powers already exist under the amended Company Directors Disqualification Act 1986 but they have simply not been used before. Lawyers say that such a move will stop directors from “turning a blind eye” to anti-competitive practices.

CDOs were introduced by the Enterprise Act 2002 to promote compliance with antitrust law by providing sanctions for the individuals responsible. On the application of the OFT or a sector regulator the court can disqualify a company director for up to 15 years if the company has breached competition law (through price fixing or cartel offences, for example) and the court considers the director unfit to be involved in the management of a company as a result.

But the OFT thinks that this approach has not worked and on the back of research which it commissioned in 2007, it believes that sanctions should also be taken against directors where they “ought to have known of” or “should have taken steps to prevent” a breach of antitrust law, even if they were not personally involved in the breach. The OFT is also considering – in exceptional circumstances – using disqualification orders where no breach of competition law has been proven or where no financial penalty has been imposed.

Added to that, the OFT wants to extend its discretion to apply for disqualification orders to cases where a company has benefited from the lower levels of its leniency regime, typically “type c” leniency where the applicant is not the first to bring the cartel to the attention of the OFT but which later co-operates with the investigation. This has been used to controversial effect in cases such as the £121.5m fine against British Airways in August 2007 after the airline admitted collusion in fixing the prices of fuel surcharges, while giving a “no-action letter” – essentially a pardon in exchange for information to encourage companies to inform on fellow operators – to Virgin Atlantic, which had colluded in the price-fixing arrangement on six occasions before blowing the whistle.

More OFTen than not
Presently, the OFT will not apply for the disqualification of a current director of a company which has benefited from any form of leniency. This is because it wants to encourage companies to come forward with information in exchange for leniency for their role in the unfair practice. As the OFT still wants to encourage the early offering of information on cartels, it has said that it would not seek disqualification orders against first whistle-blowers or in other cases where a company has qualified for the highest levels of leniency.

Launching the consultation in August, Ali Nikpay, the OFT’s senior director of policy, said: “We know that the prospect of being disqualified as a director is one of the most powerful deterrents to anti-competitive behaviour. Our proposals aim to increase the incentives on company directors to take responsibility for competition law compliance and tackle behaviour that harms competition.”

Lawyers believe that the OFT’s proposals are a strong inducement to make compliance a major boardroom issue. “These proposals are significant in that they increase the dangers for individuals in being involved in cartels, which the OFT hopes will feed through to corporate behaviour,” says Liz Fowler, competitions lawyer at City law firm CMS Cameron McKenna. “While there may be room for argument on the facts in individual cases about whether a director ‘ought to have known’, the OFT’s proposals will in any case up the ante in what is already a very stressful time for company directors. The proposals re-emphasise the need to know what is going on at all levels of your organisation and to make competition law compliance a company priority.”

Ros Kellaway, partner and head of competition at law firm Eversheds, says that “the OFT seems to have moved from zero to 100 mph on this subject”. “The OFT has never used its powers of director disqualification under the old guidelines but its lack of experience hasn’t stopped it from producing a very aggressive new set of proposals which make it far more likely that disqualification will become a real possibility.”

Lawyers agree that the OFT wants to have a greater range of threats than just levying fines. “The OFT has noticed that fines don’t seem to act as a deterrent,” says Stephen Hornsby, specialist competition lawyer at solicitors Davenport Lyons. “Some industries are characterised by recidivism and it is innocent shareholders who pay the fine,” he adds. “In addition, in some cases, the workforce may be affected. It is natural, therefore, to focus on other means of securing compliance and in this context widening the circumstances in which directors can be disqualified is understandable.”

Nicole Kar, competition partner at Linklaters, says that the proposals are significant in that they indicate a much tougher stance toward directors of companies involved in cartel conduct. She warns that “the consultation period should be viewed by directors as a notice period within which to have their companies’ compliance and early detection systems put in order as increased enforcement activity against directors of companies breaching competition law seems an inevitability of the OFT’s current proposals.”

In the hot seat
The ramifications of the proposals for companies are likely to be twofold, says Kar. Firstly, companies should expect greater challenge from directors about their compliance efforts and may find that directors require as a matter of policy that they are provided with audit reports and receive early warning of competition law concerns. “The proposals will prompt directors to make inquiries of the companies they are involved with in terms of their compliance programmes, training and early detection systems, such as whistleblower hotlines, and spot audits,” she says. Typical hot-spot areas that will need increased director scrutiny include the sales and marketing divisions which tend to be at higher risk of cartel conduct than other divisions with little or no interaction with competitors or customers, such as finance and IT, she says.

Secondly, says Kar, companies should expect that the divide between corporate and individual interests will widen further as a result of the measures, which form the most recent part of a package of proposals adopted by the OFT to strengthen the deterrence effect of competition law. Another significant measure from the corporate perspective in this vein are amendments to the OFT’s leniency policy which prevent a corporate from securing immunity where a director or employee was the first to blow the whistle on a cartel.

Kar also believes that seniority of directors is also likely to be a factor in terms of how culpable they may be regarded if a prosecution should take place. In December 2007 the OFT charged three businessmen with dishonestly participating in a cartel to allocate markets and customers, restrict supplies, fix prices and rig bids for the supply of marine hoses and ancillary equipment in the UK over a four-year period. However, the County Court judge was significantly influenced in his sentencing of one of the Dunlop executives by the fact that he was managing director. The judge stated that “even though you may not have been as deeply involved as [the other Dunlop defendant] in the everyday workings of the cartel, I have no doubt that your responsibility in the dishonest management of your company was greater than his”. 

Yet despite the potential benefits of “beefing up” the OFT’s ability to threaten directors into compliance, the regulator’s proposals are not without significant problems. Crucially, there is no concrete guidance provided to directors of the circumstances in which the OFT would seek a director disqualification order in cases where the OFT believes a director “ought” to have known of cartel conduct but had no actual knowledge. Cartel conduct is by its nature covert and the individuals involved (often rogue employees) may go to great lengths to conceal it.  As a result, directors will be judged – with the benefit of hindsight – about whether facts were such that they should have known that the company was involved in a cartel with its competitors.

 This issue is exacerbated by lack of precedent. Despite its apparent current tougher enforcement stance, the OFT has not, in practice, sought an order for a director’s disqualification for breach of competition law since the Act was amended to provide for a competition disqualification order in 2003. As a result, says Kar, there is no precedent to inform a director of the appropriate standard of due process which he or she is meant to attain, and that, she says, is “very unsatisfactory in circumstances where a director’s employment and career prospects may be seriously jeopardised”.   

 Lawyers also point out that the OFT’s proposals may “cloud” the way that a director reacts when faced with the prospect of an OFT investigation. As directors can now be made personally liable for anti-competitive practices taking place in their organisations – with or without their knowledge or consent – they may act in their own interests to seek leniency for themselves, rather than act in the best interests of the company. For example, as Kar points out, a corporate decision to seek leniency is often a difficult one, involving fine judgments as to the sufficiency of the evidence available (and whether further investigation is required before any approach to a regulator should be made) and the financial and reputational impacts on the corporate both of the conduct discovered and of a leniency application. If the OFT gets its way, however, “a director is obliged to act in the best interests of his or her company but will now have significant considerations of personal liability to factor into any ‘corporate’ decision to seek leniency,” she warns. 

While lawyers are agreed that tougher enforcement against anti-competitive practices may be welcome, they can also see the potential pitfalls. Some are worried that the proposals could cause more harm than good. As Kellaway at Eversheds points out: “The new guidelines are said to reflect the need to deter individuals and not just to punish shareholders through fines, but this seems to ignore the fact that depriving a company of its experienced directors will unquestionably punish shareholders – in the case of smaller companies possibly even more than any fine. The new approach will also fall exceptionally harshly on smaller businesses where directors are inevitably more hands on. And yet those businesses often have less access to advice in an area of law which is specialised and complex.”

How directors and companies can protect themselves
Directors and companies can best protect themselves by taking measures to prevent and detect competition law breaches. The former could include instituting a competition compliance programme and training “higher risk” divisions of the company, such as sales, purchasing and marketing teams. Companies will also need to seriously consider employing a compliance officer or setting up a compliance hotline (with, for example, external lawyers) to answer practical questions about the permissibility of conduct, as well as requiring employees to sign annual competition compliance certifications, seek consent before attending trade association meetings (a fertile source of anti-trust breaches) and to file reports on meetings with competitors. Other measures aimed at detecting competition law breaches could include establishing a whistleblower hotline, as well as conducting spot competition audits of “higher risk” divisions or individuals.

The global scene
The UK is not the only country to consider revising its regulations on anti-competitive practices. A number of jurisdictions have recently introduced or are in the process of considering the introduction of director disqualification in relation to competition law breaches, or more specifically, cartel conduct. 
For example, provisions permitting director disqualification were introduced in Sweden’s new Competition Act which came into force on 1 November 2008, and in 2007 amendments to Russia’s Code on Administrative Violations were made. Similar provisions already exist in Australia under the country’s Trade Practices Act. 

Director disqualification is being considered in relation to proposed competition legislation in Hong Kong, and a number of jurisdictions including the US, Canada, and  South Africa, provide for director disqualification under company law as a result of an individual being sentenced to imprisonment. According to Robert Heym, partner in the Munich office of Reed Smith, in Germany “a director can be recalled at any time from his position by the shareholders or a supervisory board of a stock corporation if the corporate body is of the opinion that a director has violated the law and caused a material damage for the company.”

However, some countries have had their efforts to introduce more stringent rules against directors rebuffed. In Hungary, for example, provisions intended to provide for two year occupational bans of executives working for enterprises found to have been involved in cartels were declared unconstitutional. This was because their proposed
implementation did not provide sufficient protections for the individuals’ rights of defence. 

The G20’s missing trillion dollars

It was the announcement that saved April’s G20 summit in London. The world’s richest nations would provide a trillion dollars to save the globe. More specifically, the trillion would go to the emerging markets hard-hit by the global slump. Even better, this enormous sum would be provided in the form of loans and credits without the usual strings attached.

The amount was unprecedented. Never before had so massive a sum been promised to the most vulnerable victims of the crisis and the self-congratulation was entirely justified. “Together with the measures we have each taken nationally, this constitutes a global plan for recovery on an unprecedented scale,” said the G20 statement. The money would be stumped up by individual nations roughly according to the size of their respective economies, and paid through existing international financial institutions. At the head of this relief column would be the IMF.

It was, added the statement without a shred of exaggeration, “the largest fiscal and monetary stimulus and the most comprehensive support programme for the financial sector in modern times.” Although the G20 didn’t make the comparison, the promised capital sum is analogous to the US-inspired Marshall Plan that put Europe and Britain back on its feet after the second world war.

There were no dissenters to the statement, not officially anyway. A G20 country doesn’t break ranks without good reason. However it’s believed that the heads of state of some nations were lukewarm, particularly the savings-rich Asian ones, and the most lukewarm was probably China for three good reasons.

The first is that China did not turn up in London to help save the world; it came to promote its current idée fixe, the progressive abandonment of the greenback as the world’s reserve currency in favour of an alternative like the Single Drawing Rights that already fulfil the role of a proxy for the dollar in certain kinds of sovereign transactions. China’s motivation is largely because it holds somewhere north of a trillion dollars of their own in T-bills and other proxies for the greenback. Not unreasonably, they are worried that America’s problems may devalue this gigantic storehouse.
As premier Wen Jiabao remarked around that time, “we have lent a huge amount of money to the United States” and, “to be honest, I am a little worried”.

The second is that the Chinese government and Zhou Xiaochuan, governor of the People’s Bank of China, do not see why they should have to tidy up after the US. As they’ve put on record, both are dismayed by American excesses in the last few years, notably president Bush’s obliteration of the surpluses accumulated so conscientiously – and at some political cost – by predecessor Bill Clinton as well as by the capacity of US citizens to live beyond their means. In a recent speech Dr Zhou went out of his way to criticise America for its “lax lending standards”, “excessive leverage”, and “frivolous development of derivative products”.  In central banker-speak, this is tough talking, especially in reference to the parent of the reserve currency.

And the third is that China is engaged in its own massive internal stimulus. Although its economy has suffered little more than a flesh wound from the crisis, the government of premier Wen Jiabao has pledged an injection of capital second only to that of the US, in part to keep the Asia-Pacific pot boiling. All the signs coming from Beijing suggest this should be good enough.

A billion reasons to forget
Meantime where’s this globe-saving trillion? Well, so far it hasn’t happened. Half a year after it was promised, the G20’s gift to the world is just a trickle. All we have is a vague promise from the G20’s finance ministers at their September summit that it is “close to completing the delivery of $850bn of additional resources agreed in April.” There’s no deadline, not even an indicative one. The rest of the September statement amounted to a reiteration of the April announcement: “In the period ahead we need to focus on providing resources to low income countries to support structural reforms and infrastructure development etc, etc.”

As it happens, it’s the multilateral development banks (the MDBs) such as the European Bank for Reconstruction and Development that have led the charge so far. Boosted by $60bn from the World Bank and the promise of more to come, they will lend over $110bn this year plus a further $200bn between now and 2011. More importantly, the funds are being dispensed almost on a daily basis.

They’ve done so by applying urgency to the crisis. The big five – International Bank for Reconstruction and Development, EBRD, African Development Bank, Asia Development Bank and Inter-American Development Bank – have substantially leveraged their capital to provide deeper funds to oil the economies of their respective regions. Loan conditions have been softened and performance criteria re-tuned for the emergency. Among a welter of exciting new measures, the MDBs are drawing private capital out of their regional economies by providing guarantees, bond insurance, bridging finance and other inducements to add to the general pool of liquidity.

These banks aren’t a big part of the trillion-dollar solution but they are, as a spokesman told World Finance, “part of the G20 focus”. In short, the provision of urgent liquidity.

Figures to fit the bill
The money is certainly needed. When the global leaders gathered in London, the crisis was enveloping their nations. As IMF managing director Dominique Strauss-Kahn observed at the time, there were fears of a “more severe contraction in global economic activity and even greater and more prolonged financial strains than currently envisaged.” In short, a cataclysm was on the cards.

Entire nations were being starved of credit, unemployment was spiralling, banks were being furiously re-capitalised, markets were in free-fall, giant manufacturing companies such as GM and Chrysler were being rescued. International investors had lined their pockets with fish hooks with unfortunate consequences. Cross-border investment was plummeting, especially to emerging markets, and capital markets in even the big, advanced economies had slowed right down.

The size of the decline – rather, collapse – across half of the world was shocking. According to IMF figures, net private capital inflows into emerging markets were down to $122bn in 2008, pretty much a fifth of what they were in 2007. Bank lending to those nations had gone into reverse. It was painfully obvious that theories about de-coupling – namely, that developing economies would not be affected too badly or even at all by the problems of the western world – were hopelessly optimistic.

Take just Africa. Right now, it’s suffering from falls in practically everything that matters – in global demand for its products, in remittances, in capital flows and, increasingly, in donor aid. “It was said a year ago that African countries were not so linked to the financial system in the West that the effect of the crisis would not be so important,” summarises Dominique Strauss-Kahn, managing director of the IMF. “This was wrong. With some delay, they are now being hit by the crisis.”

As US Treasury Secretary Tim Geithner said shortly afterwards, the world was going through the sharpest decline since the end of the Second World War. “Today’s crisis is unlike any we have experienced for seven decades,” he added for good measure. “The balance-of-payments crises of the 1950s and 1960s, the oil crisis of the 1970s, the debt crisis of the 1980s, or the Asian financial crisis of the 1990s all pale by comparison.”

While all that is true, this is not an Asian financial crisis, as Dr Zhou and premier Wen have doubtless made clear behind closed doors. It’s a made-in-USA crisis, as indeed secretary Geithner has largely acknowledged, and yet the largely blameless, high-saving Asian nations have been drawn into it despite the fact that many millions of their citizens live in material conditions no better than those of the emerging markets deemed to be in need of rescue.
The reasons for Asian reluctance to rush into the trillion-dollar project are clear enough. Take just China, rapidly emerging as the region’s leader in place of Japan. In the latest top 1000 banks compiled by The Banker, China’s banks occupy the first three places measured by pre-tax profits as well as most of the top 25 places. Combined, the pre-tax profits of China’s banks come to $84.5bn. That’s $68bn more than second-ranked Japan, with USA and Britain nowhere.

Asian sovereign wealth funds tell a similar story. The ones established by the hard-saving as distinct from hard-spending nations are predictably in Asia.

The backbone of these bank profits and the liquidity of sovereign wealth funds is based on the peoples’ savings, poor as many of them are. And as Dr Zhou reminds us in so many words, it’s the saving nations that have virtue on their side. Chinese public debt per capita currently stands at a mere $649.52. And in the US? It’s $21,863.70 and rising rapidly. Within two years, per capita US debt will hit $32,307.

So we’ve got a gravitational shift taking place in banking and investment as well as in ship-building, car-manufacturing, electronic goods and whiteware among others. Like China, these nations are determined to preserve their financial sector’s essential integrity. Also like China, the wealthiest nations hold large deposits of American public debt and they are lined up behind Dr Zhou’s campaign.

Fearful of a deteriorating greenback, Asia’s leading central banker wants a “super-sovereign currency” that basically sidelines the dollar, very much like Keynes’ still-born bancor, and removes all the settlement uncertainty associated with a tarnished greenback. This is high-level geopolitics and the stakes are high.
In short, China will look after its own backyard, thank you.

However it’s not China that’s holding up the assembly of the trillion dollars. If a week is a long time in politics, six months is an eternity for developing nations sinking deeper into recession by the day. The IMF, which is front man for the world-saving trillion dollars, has not explained the delay in raising the money and distributing it, but reports suggest that the sticking-point lies in smaller European nations seeking concessions for stumping up their share of the kitty.

According to Andrew Tweedie, director of the IMF’s finance department, the fund-raising deals are going steadily, but appear to be well short of the assumptions made in April. Agreements are in place with Japan ($100bn), Canada ($10bn) and Norway ($4.5bn). EU member countries have committed some $100bn, but we’re nowhere near the promised amount. Although the G20 statement did not include any caveats about the availability of the full trillion-dollar stimulus, some countries have since told the IMF that they will only give “favourable consideration” to increasing their contributions while others have said they will only consider it, favourably or otherwise.
At this stage, the ambition of wrapping up the balance before the new year looks decidedly optimistic.

Elsewhere, things appear to be moving slowly. The important concessional loans to the poorest nations are still in the planning stage. And only about $50bn of a new wave of flexible loans are available now, roughly a tenth of the envisaged total pool. The $6bn contribution from IMF gold sales announced in April are far from being signed off and, anyway, a successful sale of the gold depends on the state of the market.

To the impartial observer, it very much looks as though the G20’s trillion-dollar statement caught the IMF by surprise.

As outlined last April, the deal is meant to go like this. As the main culprit for the crisis, the issuer of the reserve currency and the biggest economy, the US throws a quarter of the trillion dollars – $250bn – into the pot. The IMF raises “immediately” a further $250bn from a group of countries not including America in the form of temporary financing. These are short-term loans, in other words, from a coalition of 26 wealthy countries.

When that money is assembled, it will be deposited in a new mechanism known as a “new arrangement to borrow”, or NAB. Basically what your average commercial bank would call a flexible loan, an NAB is a borrower-friendly system that allows the IMF to extend credit to hard-pressed nations according to need – and their deserts. The nations have to demonstrate responsible economic management. And if the IMF wants to borrow in the market for the above purposes, it will be allowed to do so.

On top of this, there’s $100bn from the MDBs. Their capital comes from member countries but these banks, which are historically very conservatively financed along 50:50 capital and credit lines, usually raise funds through international bond issues on an open market.

Topping up these sums, the IMF distributes a further $250bn of Special Drawing Rights, the international settlement currency. Although only $100bn of this goes to emerging economies and the rest to other nations including the US, calculated according to the size of their contribution to the initial $500bn, the SDRs help the more beleaguered governments pay their foreign exchange bills through the sovereign settlement system. This is the only part of the package that appears to be going swimmingly.

The last £250bn is about trade. A short-term, two-year backstop for the private financing of imports and exports, it is to come from the G20 countries. Their motives are not entirely altruistic; all of them depend to varying degrees on selling and buying to developing economies. 

And, all hands to the pump, the IMF has been told to distribute a further $6bn from the sale of some of its gold reserves. Originally, the proceeds from the yellow metal were intended for the fund’s own income but now they will go to low-income countries in the form of concessional financing.

Working trillions
But where is it all? Nobody’s saying another trillion is easy to find. It is, of course, additional to each countries’ own fiscal stimulus which, the IMF estimates, will by the end of 2010 hit a combined emergency total of $4trn. The US alone is working its way through a mere $800bn.

But the longer the money takes to flow, the more recipient countries must start to wonder whether perhaps the G20 and host prime minister Gordon Brown strong-armed some member nations over a hectic weekend to greenlight the magic figure, and then made the announcement on the fly. That is, before everybody had worked through the difficulties of raising another trillion dollars from hard-pressed finance ministers. Indeed some of these finance ministers have resigned in protest at the way the central banks are working the printing pressed overtime with the inevitable and alarming risks of devaluing entire sovereign currencies in the next few years.

Bureaucracy wins
The responsibility for getting out the trillion lies primarily with the IMF and is clearly a huge burden, almost certainly much bigger than it expected. Even before the April summit, it put its hand up to take the central role in gathering and dispersing the trillion with an adroit exhibition of central bank diplomacy.

Before the crisis, the future of the IMF in its existing form looked black. Bank of England governor Sir Mervyn King and others were agitating for a substantial overhaul of its highly bureaucratic structure.

To many, it seemed the IMF, as the unofficial parent of the multilateral development banks, had mislaid its brief. The MDBs were supposed to use their resources to fight poverty, boost productivity in agriculture, build and nurture the building blocks of economic growth, and channel efforts into creating greener economies. Yet according to frustrated central bankers, the governance structures of some of them, including the IMF, were so complicated and rigid that they simply weren’t doing their job for the developing world. Too many senior staff were selected on political rather than merit-based grounds.

But that was before Dominique Strauss-Kahn got the hot seat at the onset of the crisis, in November 2007, with a clear mandate to reform the institution. The preferred choice of France’s Nicolas Sarkozy who has managed to appoint Frenchmen into two of the most important positions in the crisis (the other is Jacque de Larosiere who heads up the body designing the post-crisis system of regulation across Europe), Strauss-Kahn is a professor of economics turned politician and he knows how to play the game. He served as finance minister in France when he helped guide the launch of the euro, arguably the most successful new currency of modern times. He knew all about the shortcomings of the IMF, having served on the board of governors in his capacity as finance minister. And as an economist, he can talk pretty much across the spectrum. His research fields are broad – the saving behaviour of households, public finance and social policy. Relatively young at 60, he could prove to be the man of the hour, or at least one of them.

It was no surprise therefore that, as the crisis wore on, the IMF became uncharacteristically activist. Painting a black and deteriorating picture of the global economy, IMF staff told a preliminary meeting of G20 deputies that “a decisive breakthrough” was overdue and conventional monetary easing in the form of freer credit and low official interest rates had failed to complete the job.

 “Financial markets remain under heavy strain and systemic institutions are still perceived as fragile,” the IMF paper noted. “More aggressive and concerted policy actions are urgently needed to resolve the crisis and establish a durable turnaround in global activity.” In principle, what was needed was a big-picture, cross-border infusion of liquidity focused on the financial sector.

According to IMF insiders, Strauss-Kahn told staff in so many words to shred their old ways. He demanded what he called “conditionality” in lending programmes. That is, they had to be designed specifically for the problems at hand rather than reflecting the outdated, inflexible, pre-crisis rule book.

Nor has the managing director forgotten his research days when he studied the economics of social policy. Senior staff say he directed them to pay particular attention to social spending so that it reached the poor, elderly and unemployed. “You could say that our new programmes have a degree of social conditionality attached to them,” one reported.

Thus when the G20 announced the trillion-dollar stimulus, with the IMF in the lead role as officially the central institution of the global financial architecture, Strauss-Kahn was delighted, telling reporters that the huge increase in the institution’s resources would boost its firepower around the world.

Most people give the IMF high marks for turning itself around. “A major shift has occurred in IMF policy,” points out Philip Lane, professor of macroeconomics at Trinity College Dublin. In particular, he cites the flexible credit line (FCL) as an example. The FCL means loan money is now automatically available to qualifying member countries. All they need to show is a good track record in economic governance. “As such, the allocation of funds in part will be customer-driven”, said professor Lane in an interview with the Financial Times. 

The rate’s not bad either. The price of drawing down an FCL varies according to size and lending period, but it is unlikely to exceed 2.9 percent in most cases, a rate any business would die for. Unsurprisingly, a queue is forming for these customer-driven loans.

These new facilities symbolise a genuine sea-change in IMF policy. Instead of the recipient country having to tick all the usual boxes every time it requests help, credit is now permanently available provided the country pursues sound economic principles. Heaven forbid, the IMF is getting streamlined.

Without this new facility, some countries would be in more trouble than they are.  Mexico, for instance, has just signed up to a one-year, $47bn flexible credit line. It doesn’t have to repay the money for a reasonable period, somewhere between three and a quarter to five years. Furthermore the loan can be renewed on an unrestricted basis, subject of course to good behaviour, and the money can be used more or less as the government deems most urgent.
In similar ways the IMF is reinventing itself to keep the global economy more liquid. Perhaps most importantly for the long term future, the poorest countries are getting a better deal with shorter-term loans and emergency financing. All this of course reflects the explicit recognition that established trading countries depend on the emerging ones for their mutual benefit, and that the crisis is not of the latter’s making.

So the IMF is back in the game. According to Strauss-Kahn, the trillion-dollar boost is just the start of much better things. “You will see that it’s the beginning of increasing the role of the IMF, not only as a lender of last resort, not only as a forecaster, not only as an advisor in economic policy and its old traditional role, but also in providing liquidity to the world, which is the role finally and in the end, of a financial institution like ours.”

Adds professor Lane: “For the long term, an expanded role for the IMF and the Financial Stability Board in monitoring global financial risk may be helpful in avoiding future crises.”

While all that’s very true, the IMF’s obvious difficulties in cobbling the trillion dollars together clearly suggests that the G20 jumped the gun. It’s proving much harder to raise the amount than prime minister Brown thought, or was prepared to let on. Right now, some of that globe-saving trillion looks to be a way off.

Reinventing economics

This lack of sound models meant that economic policymakers and central bankers received no warning of what was to come.

As George Akerlof and I argue in our recent book Animal Spirits, the current financial crisis was driven by speculative bubbles in the housing market, the stock market, and energy and other commodities markets. Bubbles are caused by feedback loops: rising speculative prices encourage optimism, which encourages more buying, and hence further speculative price increases – until the crash comes.

But you won’t find the word “bubble” in most economics treatises or textbooks. Likewise, a search of working papers produced by central banks and economics departments in recent years yields few instances of “bubbles” even being mentioned. Indeed, the idea that bubbles exist has become so disreputable in much of the economics and finance profession that bringing them up in an economics seminar is like bringing up astrology to a group of astronomers.
The fundamental problem is that a generation of mainstream macroeconomic theorists has come to accept a theory that has an error at its very core: the axiom that people are fully rational. And as the statistician Leonard “Jimmie” Savage showed in 1954, if people follow certain axioms of rationality, they must behave as if they knew all the probabilities and did all the appropriate calculations.

So economists assume that people do indeed use all publicly available information and know, or behave as if they knew, the probabilities of all conceivable future events. They are not influenced by anything but the facts, and probabilities are taken as facts. They update these probabilities as soon as new information becomes available, and so any change in their behavior must be attributable to their rational response to genuinely new information. And if economic actors are always rational, then no bubbles – irrational market responses – are allowed.

Unsatisfactory rationality
But abundant psychological evidence has now shown that people do not satisfy Savage’s axioms of rationality. This is the core element of the behavioral economics revolution that has begun to sweep economics over the last decade or so.

In fact, people almost never know the probabilities of future economic events. They live in a world where economic decisions are fundamentally ambiguous, because the future doesn’t seem to be a mere repetition of a quantifiable past. For many people, it always seems that “this time is different.”

The work of Duke neuroscientists Scott Huettel and Michael Platt has shown, through functional magnetic resonance imaging experiments, that “decision making under ambiguity does not represent a special, more complex case of risky decision making; instead, these two forms of uncertainty are supported by distinct mechanisms.” In other words, different parts of the brain and emotional pathways are involved when ambiguity is present.

Mathematical economist Donald J. Brown and psychologist Laurie R. Santos, both of Yale, are running experiments with human subjects to try to understand how human tolerance for ambiguity in economic decision-making varies over time. They theorize that “bull markets are characterized by ambiguity-seeking behavior and bear markets by ambiguity-avoiding behavior.” These behaviors are aspects of changing confidence, which we are only just beginning to understand.

To be sure, the purely rational theory remains useful for many things. It can be applied with care in areas where the consequences of violating Savage’s axiom are not too severe. Economists have also been right to apply his theory to a range of microeconomic issues, such as why monopolists set higher prices.

But the theory has been overextended. For example, the “Dynamic Stochastic General Equilibrium Model of the Euro Area,” developed by Frank Smets of the European Central Bank and Raf Wouters of the National Bank of Belgium, is very good at giving a precise list of external shocks that are presumed to drive the economy. But nowhere are bubbles modeled: the economy is assumed to do nothing more than respond in a completely rational way to these external shocks.

Depressive lessons
Milton Friedman (Savage’s mentor and co-author) and Anna J. Schwartz, in their 1963 book A Monetary History of the United States, showed that monetary-policy anomalies – a prime example of an external shock – were a significant factor in the Great Depression of the 1930’s. Economists such as Barry Eichengreen, Jeffrey Sachs, and Ben Bernanke have helped us to understand that these anomalies were the result of individual central banks’ effort to stay on the gold standard, causing them to keep interest rates relatively high despite economic weakness.

To some, this revelation represented a culminating event for economic theory. The worst economic crisis of the twentieth century was explained – and a way to correct it suggested – with a theory that does not rely on bubbles.

Yet events like the Great Depression, as well as the recent crisis, will never be fully understood without understanding bubbles. The fact that monetary-policy mistakes were an important cause of the Great Depression does not mean that we completely understand that crisis, or that other crises (including the current one) fit that mold.

In fact, the failure of economists’ models to forecast the current crisis will mark the beginning of their overhaul. This will happen as economists’ redirect their research efforts by listening to scientists with different expertise. Only then will monetary authorities gain a better understanding of when and how bubbles can derail an economy, and what can be done to prevent that outcome.

Robert Shiller, Professor of Economics at Yale University and Chief Economist at MacroMarkets LLC, is co-author, with George Akerlof, of Animal Spirits: How Human Psychology Drives the Economy and Why It Matters for Global Capitalism

Copyright: Project Syndicate, 2009

Market insider

Equities find positive territory
Most G20 bourses closed up in positive territory at the end of Q3. The FTSE 100 went up 21 percent. Between July and September 2009 it rose a number of times, particularly during August when it was reported to have climbed by 8.4 percent over the course of the year, having rallied by 39 percent since its low at the beginning of March 2009.

The positivity in the market was created by renewed confidence, rising consumer demand in China and India, and the economic stimulus packages. FTSE’s revived vigour has particularly focused on large capital stocks and stimulated by an increase in the crude oil price to around $73 per barrel.

During August the FTSE rallied over a four day period, a positivity that continued in September, boosted by higher commodity prices. Both summer months saw the index rising to new highs. It traded above 4,800 for the first time in August since early October 2008, and by September it had risen to 5,163.95.

In Q3 European shares climbed by 17.3 percent, the best quarterly gains in a decade. The trend appears to have been similar in the US, and in many of the other G20 countries.

Mergers and acquisitions more significant at end of period
Mergers and acquisition were more significant at quarter end. In September 2009 it was reported that T-Mobile and Orange (£8.2bn) were engaging in talks to merge their mobile phone network operations in the UK. Approval of this potential deal by the Monopolies and Mergers Commission would create the country’s largest mobile network, gaining a hold of a third of the market.

The prospect of this merger and others involving, for example, Disney and Marvel Entertainment ($4bn) and even Kraft’s rejected merger proposal of Cadbury worth £11.8bn, created hope for a rival in the fortunes of this market. An upturn would be stimulated by the fact that UK companies are valued cheaper than many of their global sector peers.

Nevertheless the Bank of England reported an ongoing decline in mergers and acquisitions in the UK, but the commercial real estate sector made a positive contribution to corporate credit demand over the Q3 period. Mergers and acquisitions and inventory finance are expected to contribute to increased credit demand over the next three months.

Buy-outs fall in value by 24 percent
The lowest number of buy-outs since 1995 at 384, down from 705 in 2008. Deal values are as low as $39.9m. The UK decline has been matched in continental Europe. Macroeconomic factors are cited in both cases.

The Centre for Management Buy-out Research has reported that their overall value tumbled by 24 percent during the first of half of 2009, compared to the same period in 2008.  European buy-outs are now valued at just $15.3bn, less than 25 percent than the $63.1bn value achieved H108. This means that the heady days of 2007 are now a distant memory; the market was then worth $149.6bn.

Deals worth more than $15m have fallen by 75 percent. The market has been dominated by deals that are valued below this level. The short supply of debt is having a dramatic impact on this market. It will remain quiet until conditions in the leverage finance market improve.

Insolvency risk increases firms ask for time to pay their taxes
The recession has led to 204,000 firms agreeing “time to pay” arrangements with HMRC largely due to deferred taxes. The delayed payments are worth £3.6bn. This facility involves VAT, national insurance contributions corporation tax and other levies on firms. It was offered in a pre-Budget report to offer some relief to recession-hit firms.  

Experts are apparently dumbstruck by the number of deals being made, leading to some payments being pushed back by several years and even though payments tend to usually last just months. Insolvencies are expected to spike when these arrangements end. Many firms will struggle to complete their final payments on time. Around 33,000 firms have already stepped into a situation where they have had to ask for repeat deals.

More economic pain is therefore expected, showing that the economy is not out of the woods yet. Nevertheless, since the scheme was announced in November 2008, £2.49bn has already been repaid to HMRC. Thankfully it is taking a more lenient stance than usual on business debt. Viable companies can avoid insolvencies by contacting them to make the necessary arrangement to pay the levies are a longer term period.

Quantitative easing weakens Sterling
Sterling has weakened due to extended quantitative easing (QE) programme. The British government has authorised the Bank of England to buy £175bn in securities using newly-created money. Opposition leader, David Cameron, has warned that this action could lead to a rise in inflation. His comments themselves were criticised as being wildly dangerous.

In spite of this heated exchange, interest rates remain at a historic low of 0.5 percent for the seventh month in succession, and quantitative easing is accredited for improving money supply, reduced bond yields and many believe it will improve the UK’s prospects for kick-starting the countryís economic recovery. Meanwhile, ten-year government bonds yielded 3.35 percent recently. They stood at 3.64 percent on March 4, the day before QE started.

The IMF has forecast that the British economy will slump by 4.4 percent this, but it is expected to expand by 0.9 percent in 2010 in spite of Bank of England warnings of high UK debt levels inter alia. Things don’t look much better across the Atlantic as the US dollar continues to slide, threatening its reserve currency status.

Regulation to create a financial market culture change
G20 governments have taken steps to implement the new regulatory agreement, which was agreed at the Pittsburgh Summit in the US. These steps include regulations for credit-default swaps (CDSs) which are to go through a central clearing house, in order to reduce systemic risk when counterparties fail. If possible they should also be traded on exchanges.

A bonus accord has also been signed to ensure that they donít encourage the kind of reckless behaviour that led to the credit crunch. The G20 hope that the new framework with not only prevent the extent of the current economic crisis from ever occurring in the future, but they also want to instil a culture of greater integrity and responsibility in the financial markets. It is hoped that this will prevent the excessive and foolhardy risk-taking that led to the financial crisis, which in turn led to the global economic collapse.

The G20 meeting gives way to a stronger position for countries like Brazil, Russia, India, and China (BRICs) and the Financial Stability Board. It is predicted that by 2050 these countries will be the world’s strongest and wealthiest economies.

Brazilian oil and gas to yield 2bn barrels
On September 9, BG Group Guara and its partners, Petrobas and Repsol, announced that they had discovered oil off the south-eastern side of the Brazilian Coast in the waters of the Santos Basis. The well has a potential yield of 2bn barrels per day. The Abare Oeste well is the fourth to be drilled in BM-S-9, proving the existence of hydrocarbons in the area.

Petrobas has a 45 percent stake in the business, BG Group owns 30 percent and the remaining 24 percent share is own by Repsol. They plan to produce an assessment plan of the oil and gas field, and they will seek its approval by the National Petroleum Agency.

The region’s leading oil producer, Mexico, isn’t having as much luck as its Brazilian counterpart. In December 2008 its oil production totalled 2.72 mm bpdm but it fell to 600,000 bpd. Brazil is therefore the new shining star, taking the spotlight from Mexico and Venezuela, and attracting massive investments and rising output.

Central banking: G20 exit strategy talks continue
The G20 Summit in Pittsburgh, USA, raised a new issue. Having created a number of interventions to prevent a global economic meltdown, the governments need to find a way to create exit strategies that wonít lead to their achievements from being undone in an instant, and once again creating an economic disaster and undermining recovery of the global economy.

Some policy makers commented in September 2009 that it was premature to begin talking about exit strategies, believing that the recovery is too fragile to contemplate an end to central bank interventions. It was however welcomed that the G20 central banks are prepared to engage in exit strategies as this will help to maintain market expectations.

The US Federal Bank announced that it will turn off the tap of new money in March 2010, but there was no indication about how it would mop it up later on. The Fed can take comfort from the fact that neither the Bank of Japan or the Bank of England have been shy of quantitative easing, while the ECB has been slightly more constrained. Because everyone is running a loose ship, the effects on exchange rates are reduced.

More recently, the renewed confidence in the market has led to the Reserve Bank of Australia raising its interest rates to 3.25 percent to avert inflationary pressures.

Year of the big stick

It’s not like that in China where Zhou Xiaochuan, governor of the People’s Bank of China, is on a mission, carefully co-ordinated with the government, to have the greenback replaced as the world’s reserve currency.

As China (and Asia’s) top central banker sees it, the termination of the dollar’s nearly century-old supremacy doesn’t have to be effected absolutely at this minute, just so long as the process starts now. No ifs, no buts. He wants a “super-sovereign currency” that basically sidelines the dollar, very much like Keynes’ still-born bancor, and removes all the settlement uncertainty associated with a tarnished greenback.

So saying, Dr Zhou, other POBC luminaries and senior members of the government from premier Wen Jiabao down have been conducting a nearly year-long campaign against the greenback with increasingly pointed speeches and back-room diplomacy to get their way.

It all started of course with the financial meltdown that threatened the value of China’s gargantuan storehouse of US government paper – in effect, dollars. At last count this amounted to more than a trillion, prompting Nobel prize-winning economist Paul Krugman to describe China as the “T-bills republic”.

Dr Zhou is clearly disgusted with the fiscal management of George Bush’s administration. Author of ten books with a PhD in systems engineering, married to Li Ling, a legal authority on China’s trade disputes with the US, he cites a string of made-in-USA causes. It’s the usual list of suspects including “lax lending standards”, “excessive leverage”, and “frivolous development of derivative products”.

China’s diplomatic offensive started in Buenos Aires last September when the POBC’s deputy governor Hu Xiaolian made some unusually candid observations about how the “continuous depreciation” of the dollar was hurting China by driving up its domestic inflation.
Applying more pressure, vice-premier Wang Qishan entered the fray three months later at the fifth Sino-US strategic economic dialogue in Beijing when he effectively warned the Fed to ensure the safety of China’s dollar-denominated assets. Other Asian nations owning billions of T-bills are firmly in his camp.

China turned the screws again in March. Around the G20 in London, the premier remarked that “we have lent a huge amount of money to the US” and, “to be honest, I am a little worried”. These carefully calibrated remarks were widely reported, as intended.

Around the same time Dr Zhou weighed in again, for the first time calling for the dollar to be replaced with nothing short of a new global monetary order. “An international monetary system dominated by a single sovereign currency has intensified the concentration of risk and the spread of the crisis,” he said.

Right on cue, the government-controlled China Daily followed up with a public debate in its own pages. Sample contribution: “The demise of the US$ [sic] will only expedite the dismantling of US global tyranny.” The newspaper regularly publishes stories on economists who support the super-sovereign cause.

Dr Zhou’s latest broadside came at a global think tank in July when he blamed “rich people in the high-income countries [who] have consumed beyond their means”.

This salvo followed soon after legendary American central banker Paul Volcker attempted to pour oil on the waters in a speech in Beijing. In this, the chairman of Obama’s economic recovery advisory board, while conceding that a world currency was the “ultimate logic”, insisted “there are no practical alternatives today, or for many tomorrows, to the US dollar as an international currency,” he said.

That’s not exactly what Dr Zhou and his government want to hear. Make that Years of the Big Stick.

The lessons of Vietnam

Of course, history never repeats itself exactly. Vietnam was an episode in the Cold War, a combination of geopolitical and ideological conflict, which did not challenge the structure of the international system based on the nation state. Iraq is part of an ideological struggle – between Islamic sects and between radical Islam and the rest of the world – in which the jihadists reject the established order, its borders and its national states.

Defeat in Vietnam had long-term psychological significance for countries that relied on America for their defence; a collapse in Iraq would immediately weaken societies with significant Muslim populations, as radical Islam gains momentum from Indonesia, through India, to North Africa and Western Europe.

There is one important similarity, however. A point was reached during the Vietnam war when the domestic debate became so bitter as to preclude rational discussion of hard choices. For a decade and a half, successive administrations of both political parties perceived the survival of South Vietnam as a significant national interest. Starting with the Johnson administration, they were opposed by a protest movement that coalesced behind the conviction that Vietnam reflected a rampant amorality, which needed to be purged by confrontational methods. This impasse doomed the American effort in Vietnam; it must not be repeated over Iraq.

Prolonging the war
This is why a brief recapitulation of the Indochina tragedy is necessary.
It must begin with dispelling the prevalent myth that the Nixon administration settled in 1972 for terms that had been available in 1969 and therefore prolonged the war needlessly. When serious historians return to studying the documentary record — rather than fragments of tapes out of context — they will conclude that the Nixon administration operated on the basis of a strategic design that culminated in 1972 in terms not conceivable in 1969 and that it pursued this design for geopolitical, not electoral, reasons.

Whether that agreement, officially signed in January 1973, could have preserved an independent South Vietnam and avoided the carnage following the fall of Indochina will never be known. We do know that America’s disunity prevented such an outcome when Congress prohibited the use of military force to maintain the agreement and cut off aid to a friendly country after all US military forces (except a few hundred advisers) had left South Vietnam. American dissociation triggered a massive North Vietnamese invasion, in blatant violation of existing agreements, to which the nations that had endorsed these agreements at an international conference turned their backs.

Two questions relevant to Iraq are therefore raised by the Vietnam war: Was unilateral withdrawal an option when Nixon took office? Did the time needed to implement Nixon’s design exhaust the capacity of the American people to sustain the outcome, whatever the merit?

When Nixon came into office, there were over 500,000 US troops in Vietnam, and their number was still increasing. The official position of the Johnson administration had been that American withdrawal would start only six months after a North Vietnamese withdrawal. The ‘dove’’ platform of Sens. Robert Kennedy and George McGovern, which was rejected by the Democratic Convention of 1968, advocated mutual withdrawal. No significant group then advocated unilateral withdrawal.

Nor was unilateral withdrawal practically feasible. To redeploy over half a million troops is a logistical nightmare, even under peacetime conditions. But in Vietnam, over 600,000 armed Communist forces were on the ground, largely regular North Vietnamese units, buttressed by guerrilla forces. They might well have been joined by large numbers of the 700,000 strong South Vietnamese army feeling betrayed by its allies and working its way back into the good graces of the Communists. The US forces would have become hostages and the Vietnamese people victims.

Two preconditions
A diplomatic alternative did not exist. Hanoi insisted that, to obtain a ceasefire, the United States had to meet two preconditions: The first, the United States had to overthrow the South Vietnamese government, disband its police and army and replace it by a Communist-dominated government. Second, the United States had to establish an unconditional timetable for the withdrawal of its forces, to be carried out regardless of what happened in subsequent negotiations or how long these might last. The presence of North Vietnamese troops in Laos and Cambodia was declared not an appropriate subject for negotiations.

Especially in light of the horrors that occurred when the Communists took over Indochina in 1975, Nixon correctly summed up the choices before him when he rejected the 1969 terms; “Shall we leave Vietnam in a way that – by our own actions – consciously turns the country over to the Communists? Or shall we leave in a way that gives the South Vietnamese a reasonable choice to survive as a free people?” A comparable issue is posed by the pressure for unilateral withdrawal from Iraq.

From its beginning, the Nixon administration was working for a political, and not a purely military, solution: It recognised that the demand for total unconditional North Vietnamese withdrawal, put forward by the Johnson administration, was unachievable. But nor would it accept Hanoi’s one-sided demands to leave the people of South Vietnam to their fate.

When negotiations stalemated, the Nixon administration moved to implement what could be done unilaterally without undermining the political structure of South Vietnam. Between 1969 and 1972, it withdrew 515,000 American troops, ended American ground combat in 1971 and reduced American casualties by nearly 90 percent. A graduated withdrawal compatible with preventing a takeover by radical Islam in Iraq is also a serious challenge in Iraq.

In Vietnam, a breakthrough occurred in 1972 because the administration’s strategic design finally came together in its retaliation for the all-out North Vietnamese spring offensive. When the US mined North Vietnam’s harbors, Hanoi found itself isolated because, as a result of the opening to China in 1971 and the summit in 1972, Beijing and the Soviet Union stood aside. Hanoi’s offensive was defeated on the ground entirely by South Vietnamese forces assisted by US air power – according to a programme developed by Secretary of Defense Melvin Laird.

The domestic debate
Faced with a military setback and diplomatic isolation, Le Duc Tho, Hanoi’s principal negotiator, abandoned Hanoi’s 1969 terms in October 1972. He accepted conditions publicly put forward by President Nixon in January 1972 — and decried as unachievable in the American domestic debate: “. . . this new proposal is exactly what President Nixon has himself proposed: ceasefire, end of the war, release of the prisoners and troop withdrawal . . . and we propose a number of principles on political problems. You have also proposed this. And we shall leave to the South Vietnamese parties the settlement of these questions.”

The terms of the resulting Paris peace agreement were: an unconditional ceasefire and release of prisoners; continuation of the existing South Vietnamese government; continued American economic and military help for it (the latter limited to replacement of worn-out equipment); no further infiltration of North Vietnamese forces; withdrawal of the remaining American forces; and withdrawal of North Vietnamese forces from Laos and Cambodia. None of these terms was available in 1969; the separation of military and political issues reflected the essence of the Nixon administration’s position in the secret negotiations since 1969.

No one could guarantee that the Saigon government would be able to sustain itself forever — that depended importantly on its own efforts. But the Nixon administration was convinced that it had achieved a decent opportunity for the people of South Vietnam to determine their own fate; that the Saigon government would be able to overcome ordinary violations of the agreement with its own forces; that the United States would assist with air and naval power against an all-out attack; and that, over time, the South Vietnamese government would be able, with American economic assistance, to build a functioning society.

American disunity was a major element in dashing these hopes. Watergate fatally weakened the Nixon administration through its own mistakes, and the 1974 midterm congressional elections brought the most unforgiving of Nixon’s opponents to power. Aid to two friendly governments was cut off, while not a single American soldier had been in combat for two years. The imperatives of domestic debate took precedence over geopolitical necessities.

Public endurance
Two lessons emerge from this account. A strategic design cannot be achieved on a fixed, arbitrary deadline; it must reflect conditions on the ground. But it must also not test the endurance of the American public to a point where the outcome can no longer be sustained by our political process. In Iraq, rapid unilateral withdrawal would be disastrous. At the same time, a political solution remains imperative.

In Iraq, the military forces of the adversary are less powerful than they were in Vietnam, but the international political framework is more complex. A political settlement has to be distilled from the partially conflicting, partially overlapping views of the Iraqi parties, Iraq’s neighbors and other affected states and based on a shared conviction that the cauldron of Iraq would otherwise overflow and engulf everybody. The essential prerequisite for such a political solution is staying power in the near term. The president owes it to his successor to make as much progress toward this goal as possible, not, as some say, to hand the problem over, but to reduce it to more manageable proportions. What we need most is a rebuilding of bipartisanship on all sides, in both this presidency and in the next.

© 2009 Tribune Media Services, Inc.

The deal the world needs

Writing in these pages last year, I set out the EU’s proposals for a radical package to shake up the EU energy market and make climate change a political priority. One year on, 27 Member States with widely differing agendas have voted those measures into law, but an arguably greater challenge awaits. The focus has shifted to the global stage, to the climate conference in Copenhagen this December.

To recap, the Kyoto Protocol expires at the end of 2012. Its aim is simple – to help avert climate change by curbing greenhouse gas emissions, bringing them down to five percent below their 1990 levels. Nearly 200 nations have signed up, with 37 developed nations taking on emissions-reduction goals. But as its date of expiry approaches, the science is ever clearer, and the urgency of reaching a new agreement ever more pressing. The time has come to learn the lessons of the past decade, and find formulas that marry the desires of the developed world to those of developing nations, whose emissions will soon outstrip our own.

It’s a difficult task. The deal we need must set effective reductions targets for developed countries beyond 2012, encourage developing countries to slow the growth in their emissions, and deliver credible funding mechanisms for adaptation and emission reductions in developing countries.

Our leadership will be key. The EU has set out its agenda, with ambitious proposals for new emission reduction targets. We are asking for efforts that respond to the scientific message of urgency, and calling on other developed countries to offer comparable reduction targets. 

In September we laid our funding proposals on the table, with a convincing offer of financial support for developing countries. That offer should be considered in conjunction with the overall ambition level of the Copenhagen agreement and in relation to specific contributions developing countries are offering themselves.

The scale of finance developing countries need to address climate change suggests that no single channel or fund will suffice. Part of the challenge before Copenhagen will be to show how different channels and institutions can provide the necessary resources, with checks and balances to ensure their effective, efficient and legitimate use.

Domestic achievements for the global stage
The EU is firmly committed to limiting the average global temperature increase to less than 2°C compared to pre-industrial levels. A more significant temperature increase would mean food and water scarcity, more severe weather events, and a significantly higher threat to unique ecosystems. The 4th IPCC Assessment report indicates that reaching this target will require emissions reductions for developed countries in the range of 25-40 percent by 2020 and 80-95 percent by 2050.

Our credibility as negotiators is greatly enhanced by the fact that we have in place measures that set us on the right track. EU Member States have agreed to reduce emissions by 20 percent from 1990 levels by 2020, and by 30 percent if a comprehensive international agreement emerges from Copenhagen, with other developed countries committing to similar reductions. All sectors of the economy are expected to contribute.

And our longer term path is clear, with targets and rules for the EU ETS beyond 2012. The EU-wide cap is set for 2020 and beyond, with a linear reduction factor ensuring that ETS emissions will be 71 percent below 1990 levels by 2050. Allocation of allowances is to be fully harmonised across the EU, with auctioning being the normal method of allocation. The list of carbon leakage sectors that will receive special treatment will be agreed before the end of this year, and will be revisited post Copenhagen. Work also continues on benchmarks and the auctioning regulation.

Some ETS implementation issues remain. EU transport emissions continue to rise, in both relative and absolute terms. Greenhouse gas emissions from international air transport are increasing faster than from any other sector in the EU, and this growth threatens to undermine our overall progress in cutting emissions. But last year’s decision to include aviation in the ETS should go some way to remedying this.

Starting in 2012, aircraft emissions will be capped at 97 percent of their average 2004-2006 level, decreasing to 95 percent from 2013. Airlines will receive up to 85 percent of their emission allowances for free. Exemptions for air operators with very low traffic levels or with low annual emissions will apply to some of the smallest companies, with no significant effect on the emissions covered by the EU ETS.  The inclusion of aviation in the EU ETS could serve as a model for other countries considering similar national or regional schemes, and these could link to the EU scheme over time, enabling the EU ETS to form the basis for wider, global action.

Shipping must also contribute to reductions. According to the International Maritime Organisation, the potential for cutting CO2 emissions in the industry is significant, and this can even be done at negative cost. But more incentives are needed, so the International Maritime Organisation is considering proposals to expose shipping to the prevailing carbon price, ensuring that the costs imposed on the sector would be no more and no less than those faced by any other sector. Measures need to be agreed and applied to the major segments of the industry as soon as possible. If the IMO fails to deliver, the commission has a mandate to act in its place, and will propose including international maritime emissions in the community reduction commitment, with a view to having legislation in force by 2013.

Towards a global carbon market
At no time in the history of the world have economies been more intertwined. We need to take advantage of this inescapable fact if we are to tackle a problem like global warming. A truly global carbon market will do that, giving all nations an economic interest in battling climate change. 

Kyoto mechanisms like international offsets and credits are the first steps on the road to a global carbon market, but major improvements are required. This is why the EU is going to Copenhagen with proposals to improve the functioning of the Clean Development Mechanism. In place of the current project-based approach, the EU is campaigning for a shift towards sectoral crediting for advanced developing countries, opening the way to a gradual transition to cap-and-trade.

Success will depend on ambitious technical benchmarks in any given sector, and a high level of environmental ambition. When a country demonstrates that performance in a given sector (power, or steel for example) exceeds the benchmark, credits are earned. The mechanism should initially concentrate on economic activities that are subject to global competition, and it will need to address concerns about carbon leakage and competitiveness. But the environmental advantages are clear, and the mechanism should be less cumbersome than the current CDM arrangements.

But the most ambitious step of all would be a clear linking of the EU ETS with other mandatory and compatible cap-and-trade systems. The EU ETS and the future US cap-and-trade system – integrated into a transatlantic carbon market – could form the twin engines we need to drive an OECD-wide carbon market by 2015, and a global one by 2020. The progress on domestic legislation in the US is an essential step in this regard, and I am encouraged by congressional timetables for getting draft legislation to a floor vote in the coming months.

Kyoto has always suffered from the US failure to ratify the agreement. A transatlantic carbon market, by contrast, could reap enormous rewards, bringing global credibility, sending powerful signals, and driving down emissions in some of the world’s most visible economies.

Copenhagen will be a challenge, on numerous fronts, but we are on the right path. We must use the coming months to consolidate proposals and lay the foundations for an agreement that is acceptable to all. Keeping the big picture in mind all the while: the future depends on holding global warming to the manageable level of 2°C.

The land of smiles and permanent revolution

country rich in natural resources, Thailand is unique in its region due to never having been ruled by a foreign power. Despite recent news that the new military government is changing investment laws that would make it harder for foreigners to control Thai companies, it insists it is simply closing a loophole in existing policy, and that foreign manufacturers, exporters or companies with investment privileges would be unaffected. Although undertaking continued political turbulence, Thailand’s fiscal situation remains strong and, with a focus on attracting private investment, a strengthened financial sector, and a trade balance surplus in the first quarter of 2009, the country stands in good stead to withstand the global economic crisis.

History of Thailand

1932 saw a Westernised military elite stage a coup d’etat and forced the king to accept the role of constitutional monarch.

In 1939, Phiban came to power, a nationalistic ruler, changing the country’s name from Siam to Thailand.

The 1990’s witnessed increasing private participation in the telecommunications sector, as state monopolies began to grant concessions to private operators. In fixed line services, concessions were granted to two private operators, True and TOT.

Between 2002-2004, due to well developed infrastructure, free enterprise economics, and genuinely pro-investment policies, it became one of East Asia’s best performers with an average six percent annual real GDP growth.

In Dec 2005, the Telecommunications Business Law was amended which effectively raised the limit of allowable foreign ownership from 25 percent to 49 percent.

In 2006 Shin Corporation was purchased by Temasek Holdings in a controversial deal which saw Thaksin Shinawatra with a 49.6 percent stake. The biggest deal in Thai stock-market history was shrouded in secrecy and controversy.

September 2006 saw a military coup which ousted PM Shinawatra. Elections were held in December 2007, with Shinawatra’s People’s Power Party (PPP) emerge positively.

In May 2008 anti-Shinawatra People’s Alliance for Democracy (PAD) began street demonstrations, occupying the prime minister’s office in August.

In December 2008, Abhisit Vejjajiva was elected leader of the Democratic Party, according to results of a parliamentary vote. The new leader implements free market economics to encourage private investment. Molotov cocktails were launched during Thai New Year celebrations, as deadly riots broke out in support of Shinawatra. According to the NSDB the riots sparked losses of 220 million baht in damage to public property and loss of state income, whilst Prime Minister Abhisit Vejjajiva announced that tourism was likely to fall by more than 102 billion baht.

Walked in line: How JP lost and found its roots

It’s amazing what a difference a couple of dots can make to a bank’s image. As today’s post-meltdown banks rush to remind nervous clients of their stability, one of the global banking giants has gone back to its heritage to do so. Having taken a long look at what customers really want in a bank, JPMorgan Chase & Co has put the punctuation back into its investment arm. Thus we now have J.P. Morgan & Co, complete with the dots it started with nearly 150 years ago. It took a meltdown to make the parent company truly appreciate the importance of its history. It’s been a long journey for the bank built by the great Junius Pierpont Morgan and his son, John Pierpont.

In the 1860s, American Junius S. Morgan started it all off by taking control of the London-based banking house of one George Peabody, and renaming it JS Morgan & Co.

In 1871 his son, the legendary Junius Pierpont, joined up with Philadelphia banker Anthony J. Drexel to establish in New York Drexel, Morgan & Co, mainly as a branch office for the the London business.

In 1895 Junius took complete control of the naming rights and the shingle of J.P. Morgan & Co went up on Wall Street for the first time. The bank’s reputation was sky-high after “J.P.” saved the US gold standard in 1894. For most Americans, the bank was already simply the House of Morgan or sometimes just plain Morgan.

After Junius died in 1913, son Jack Pierpont became senior partner. Since his initials were also J.P., there was no need to change the shingle. For the next 20 years the House of Morgan was the pre-eminent global raiser of sovereign loans, probably the greatest banking house in the world.
In 1935, in the wake of the Glass-Steagall Act that forced banks to split investment and commercial businesses, J.P.Morgan & Co set up the investment bank of Morgan Stanley (no punctuation at all) with J.P. Jnr’s son, Henry S, at the helm.

In 1959 the parent company shed its historic dots for the first time when it merged with Guaranty Trust to regain market share and became Morgan Guaranty.

Nearly 30 years later, in 1988, the institution briefly returned to its roots as J.P. Morgan and Co. Within a few years it was one of the top operators in the business of investment banking, where Junius had first made his name. Soon, however, the logo got “modernised” to JP Morgan.

In late 2000, its heritage was further submerged into JPMorgan Chase & Co after the bank was acquired by Chase Manhattan for $30.9bn.

And now it’s come full circle as J.P. Morgan & Co, Chase’s major investment bank. Old Junius would be pleased.

Force majeure clauses in petrochemical and refining

he downturn is increasing pressure on petrochemical and refining projects as businesses face decreasing demand and low margins. With rising exposure to the risk of non-performance of contractual obligations, attention is turning to force majeure clauses as a way of suspending obligations under an onerous contract.

Force majeure clauses
A force majeure clause under contracts governed by English law seeks to relieve a party from the performance of its obligations under the contract as long as the force majeure event that is both unforeseeable and unavoidable still subsists, and performance of the contract continues to be rendered impossible. The parties in petrochemical and refining projects often spend a considerable amount of time and effort negotiating force majeure clauses in order to agree the events which allow them to suspend their contractual obligations. The clause typically defines a force majeure event as an event or act that:

• is beyond the reasonable control of the affected party;
• was not reasonably foreseeable or, if foreseeable, could not have been avoided; and
• prevents the affected party from performing its obligations under the contract.

Certain force majeure clauses may also specify an illustrative list of events such as acts of God, terrorism, war and severe adverse weather conditions which will be deemed to be force majeure events if they also comply with the conditions above; others may not have any illustrative examples and may be restricted to the general conditions. Depending on the circumstances, parties may seek to exclude particular events from the ambit of force majeure in order to allocate liability in advance for such events, for example commercial impracticability due to increased funding costs or the acts of certain regulatory authorities.

Agreeing the definition of force majeure events, and exclusions from them, can be a substantial task given the extensive number of inter-related agreements and parties in petrochemical and refining projects. The definition and exceptions will depend on the risks that the investors are willing to take in the country where the project is based and any other country in which obligations are performed. This often results in parties agreeing different force majeure events across the project agreements, depending upon the jurisdiction in which the contractual obligations arise. In addition, the various project agreements are often governed by different laws (typically, a combination of the local law and English law where, for example, the offtake agreement may be governed by English law, while the feedstock agreement and the services agreement may be governed by local law). This could lead to a potential inconsistency in the interpretation of force majeure provisions, even where the actual wording of the force majeure provisions is identical.

The absence of a consistent force majeure approach across all the project agreements could have serious consequences for the project. A force majeure event under a feedstock supply agreement, which subsequently results in the suspension of the feedstock supply to the petrochemical plant or refinery, may result in the project company being unable to make the product and therefore being in breach of its obligations to the purchaser under the offtake agreement. Such a breach, where the project company is unable to claim force majeure, could result in the offtaker having a claim for liquidated damages under the offtake agreement which the project company would not be able to pass back to the feedstock provider.

Another issue to bear in mind is that a force majeure event entitling one party to have certain of its contractual obligations suspended will not necessarily relieve the other party from the non-performance of its corresponding contractual obligations. For example, under an offtake agreement containing annual take-or-pay commitments, while the supplier may be permitted to suspend its supply obligation for a certain period of time as a result of the occurrence of a force majeure event, the purchaser who will be unable to offtake any product during this period, may need to accelerate its monthly offtake quantities after the resumption of supply (or build in corresponding relief), in order to be able to meet its annual take-or-pay quantities. Consequently, the parties should consider obligations of this nature under the different project agreements and reflect their intentions through express provisions.

Market collapse and force majeure
The global recession has brought to the surface the question of whether an economic downturn constitute force majeure events which are unforeseeable and beyond the reasonable control of the parties, thereby excusing the parties from the performance of their obligations as long as such events persist. This issue becomes particularly pertinent where the clause is not narrowly defined, leaving the door open for such a question to be raised.

This is not the first time that the question of changing economic circumstances has turned people’s attention to such clauses. The 2005 case of Thames Valley Power considered whether the obligation of Total to supply gas to Thames Valley Power under a long-term gas supply contract could be suspended on the grounds that the then unprecedented increase in gas prices amounted to a force majeure event. The contract in question defined it as “any event or circumstances beyond the control of the party concerned” which results in that party failing to comply with its obligations. It included a specific provision that “in assessing the circumstances of force majeure affecting the customer, the price of gas under this agreement shall be excluded”. The judge considered the facts of the case and held that for high gas prices to constitute a force majeure event, the contract needed to specifically incorporate such an eventuality as a force majeure event. The fact that the contract was no longer profitable for Total did not excuse them from performance. The wording dealing specifically with gas prices affecting the customer was not sufficient to alter the meaning of the rest of the force majeure clause.

An argument may be made that the credit crunch and the collapse in demand for petrochemical and refined products are each different from gas price fluctuations on the basis that the latter is a market reality, whereas the former were to a certain extent unpredictable, and not within the scope of the parties’ normal contemplation at the time of entry into the contract. However, given the Thames Valley case, in the absence of express wording, it seems unlikely that the courts will recognise a force majeure event where the performance of the contract could still be made, albeit with commercial difficulty or with increased cost.

In the Middle East
Some civil jurisdictions such as Egypt, Kuwait and the UAE have adopted as part of their civil code the doctrine of unforeseen circumstances. In the UAE, for example, Article 249 of the civil code provides that:

“If exceptional circumstances of a public nature which could not have been foreseen occur as a result of which the performance of a contractual obligation, even if not impossible, becomes oppressive for the obligor so as to threaten him with grave loss, it shall be permissible for the judge, in accordance with the circumstances and after weighing up the interests of each party, to reduce the oppressive obligation to a reasonable level if justice so requires, and any agreement to the contrary shall be void.”

The concept of change of circumstances is different from force majeure as it does not require impossibility of performance for it to apply and a mere threat of grave loss may suffice. Accordingly, a lower burden of proof than that required under typical force majeure clauses will apply to this doctrine. The courts are required to examine each case based on its own merits and circumstances in order to decide whether or not to grant relief from performance.
It is unclear whether this doctrine could impact on contracts governed by English law with heavily negotiated force majeure clauses. It is a complex area, depending on many factors, including the specifics of the case, the jurisdiction, and conflict of law issues. Parties involved in jurisdictions in which the doctrine applies should be aware of the risk (or benefit) associated with this doctrine.

Conclusion
Generally, when negotiating force majeure clauses, the safest route is to draft express provisions dealing with the precise circumstances which will constitute a force majeure event. A general non-specific force majeure event may also be included but the parties should consider in this case whether any particular exclusions are required specifically to deal with any foreseeable risk which can be identified at the outset. Additionally, the inter-related nature of the agreements as well as any relevant local law issues should be carefully considered by the draftsperson.

For further information tel: +44 (0)20 7859 1661;
email: renad.hajyahya@ashurst.com; www.ashurst.com