Tuesday, June 17, 2008

Natural Born Resource Curses

Two from Felix Salmon, on the subject of this article about the Zambia/Donegal case, which frankly isn't actually one-sided at all - it might have not talked about other things that some other vulture funds might hypothetically have done in other cases, and it correctly doesn't give airtime to quite a lot of ludicrous apologetics ("we never wanted to go to court yer honour! we tried to negotiate! first we asked to be given a textile factory, then we asked to be given a bank, but nothing would satisfy those awful Zambians! eventually and reluctantly, we were forced to carry out our threats!") but as a factual description of what actually happened, it's excellent.

Brad Setser makes the clear general case against vulture funds (summary - they are the patent trolls of international debt, contributing nothing except aggro and making it much more difficult for larger and more responsible players to negotiate sensible debt workouts, by taking advantage of the lack of an international equivalent of the provisions in the corporate bankruptcy code which allow one to tell abusive creditors in a corporate insolvency to fuck off) in Felix' comments, so I won't reproduce that here. I just want to expand on one of my own comments on the general theme of - what kind of effect does the sort of behaviour described here have on African politics over the long term?

As the Joshua Hammer article correctly summarises, what we have here is the case of a financier who apparently first arrived in Africa full of good intentions.

Sheehan spent a significant part of his career running a nonprofit organization that helped poor countries find creative ways to reduce their debt. In the 1990s, his group arranged debt-for-equity swaps, through which a country could convert its liabilities into partnerships for forestry projects, orphanages, programs to treat such diseases as river blindness, and HIV-AIDS education. Sheehan estimates that he raised about $40 million in Africa, Asia, and Latin America between 1992 and 1996.

ahhh the market in action, so much more practical and hard-nosed than those weaselly aid workers. Microfinance, Hernando de Soto, World Bank, harnessing the power of the market for good ... you can practically hear Gordon Brown spouting this stuff by the yard, can ye no?

Then, in 1999, Sheehan parlayed his expertise into an opportunity to make big money.

Ah.

He found out about an obscure 20-year-old loan that Romania had made to Zambia, which used the money to purchase $15 million worth of Romanian-made tractors, trucks, and police vehicles. (“It was a bad deal for us,” says David Ndopu, a top official in the Zambian Ministry of Finance. “The police vehicles broke down after six months and just sat around in parking lots.”) Zambia had been trying to negotiate with Romania for a partial forgiveness, but talks broke off in early 1999. That’s when Donegal (an investment vehicle of that name, not the Irish county -dd) stepped in. Its representatives persuaded Romania to sell them the debt at a deep discount—$3.3 million.

With predictable consequences:

At that point, Donegal was holding what was basically worthless paper. Zambia had agreed in its original deal with Romania to ensure sovereign immunity, which it hoped would guarantee that the country couldn’t be sued or have its assets seized if it defaulted on the debt. But surprisingly - and fortunately for Donegal - Zambian officials waived that immunity in 2003, leaving the country open to litigation.

In other words, the Zambians got played. There was a whole load of litigation and he-said-she-saids about whether there had been improper inducements paid, but the bottom line is that the Zambians got played. I doubt that there was even necessarily any actual corruption involved - UK local authorities are always getting played like this, agreeing to ridiculously unfavourable PFI contracts and the like. A good negotiating lawyer has a dozen ways of confusing, baffling, threatening, convincing people they're legally required to do something, etc and on. End result is that the less well-advised public sector player is roughly as likely to get screwed as Paris Hilton's prom date, and significantly less likely to enjoy it. Everything after this was downhill.

Now, two questions. First, do not think for one minute that people working for the Zambian government didn't see this and immediately think "yep, that's the way to get rich in Africa". I mean really, I have blogged at length on this one before, but if you were Levy Mwanawasa and you saw somebody walk off with $15m of Zambia's money like that, what on earth incentive would you have to stint yourself on the Learjets and Ritz-Carltons? The big reason why people agree to debt relief is that an overhanging debt burden massively reduces the incentives to good governance, because all the rewards go into the pockets of overseas creditors. To see something like this happen must be hugely, wildly demoralising for any honest players in the Zambian political system.

And second, what happens the next time we try to help the Zambians through debt-for-environment swaps, etc? The next time a fresh-faced Harvard MBA shows up with a big donation for a local education trust and the slogan "Hi, I'm from the global capital markets and we're here to help?!" I would imagine that the Zambians reason:

"The last time one of these types came here, he spent a few years buffing up his political connections, then he shafted us but good"

and proceed from thence to "No, fuck off". Now this might or might not be a fair way of characterising what the fund in question actually hoped to achieve or whose fault this mess all was, but you know for sure that the Zambians are going to see it that way. As I note in comments at Felix's place, we are all tebbly tebbly concerned about third world countries "maintaining their credibility in the capital markets" but there is also the important matter of said capital markets maintaining their credibility in the third world.

And the two of these points are tied together by a third, which is also relevant to natural resource curse. What the continent of Africa is full of, is chancers and get-rich-quick merchants. The natural resources industry is of course famous for such characters, and the trait that they share with vulture financiers is that they vastly prefer to substitute risk tolerance, sharp elbows and an eye for the main chance for graft and creativity. People like this are useful and even necessary in small doses, but (as any history of your favourite frontier and colonisation narrative will tell you), in large numbers they're pestilential; a walking, talking infestation of the same kind of behaviour that's the staple of the resource curse literature.

There's a post forthcoming (once I've got the Kapelwa Musonda book in hand) on psychological obstacles to development but I think this is the big one; not the lack of a work ethic, but the perversion of the work ethic in a large proportion of the domestic and expatriate business class, who think that success isn't something you build; it's something you find, buried in the ground or buried in a file of Romanian tractor invoices.

12 comments:

  1. Re the bit about africa being full of get rich quick merchants, what do you think of the paper by Acemoglu, Johnson, and Robinson in the AER in 2001?

    "Europeans adopted very different colonization policies in different colonies, with different associated institutions. In places where these colonizers faced high mortality rates, they could not settle permanently, and they were thus more likely to establish extractive institutions, which persisted after independence; in places where they could settle permanently, they established more development-minded institutions. Thus, by using differences in European mortality rates as an instrument for current institutions, the authors estimate large effects of institutions on income per capita. Once the effect of institutions is controlled for, countries in Africa or those close to the equator do not have lower incomes. "

    Though mind you, the data has been questioned...
    http://myweb.dal.ca/tiscan/courses/e5001/readings/Albouy_2006.pdf

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  2. Why would Zambian officials waive immunity in 2003 if no corruption was involved? What was in it for them?

    Let's assume there were significant backhanders involved in the decision to waive immunity, where do your sympathies lie then?

    I think it makes a material difference to the argument if Zambian officials were genuinely played or were complicit and feathered their own nests in the deal.

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  3. If you're still locating Russia south of Cairo for blog purposes, you might like to bear in mind that country's experience of the phenomenon considered in your final paragraph.

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  4. With regard to backhanders, my sympathies lie in the direction of not getting sued; although there would have been less of a problem if any genuine backhanders had been found as the court would almost certainly have chucked the whole thing out.

    But when you're dealing with civil servants, you often don't need to put anything in it for them personally or institutionally; there's any number of threats and cajolements - you can threaten to hold them personally liable, argue that it's in the long term national interest, claim that you're offering a quick and easy solution to a problem that would otherwise drag on forever, or simply hand them a document that they don't understand in the knowledge that they won't get proper legal help, etc. That's how stupid penalty clauses end up in PFI agreements.

    ejh: yes, very good point. Andrei Shleifer thinking that he could lecture the Russians on good institutions and sound development out of one side of his mouth, then swiftly sort out Russia's first mutual fund company licence for his girlfriend was absolutely of a piece - and strangely, people tend to learn from what you do rather than what you say.

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  5. av: hmm yeah. in all honesty I haven't read it but it's an attractive hypothesis.

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  6. Point taken, but I still don't understand why anyone would waive immunity to prosecution and how this could have been conceived to be in the long term national interest.

    Don't you think it's just a little coincidental that Donegal is holding worthless paper in 2002 and by 2003 the whole landscape has changed and it's worth $15million by dint of a policy change?

    The credulous official having rings run around him by rapacious vulture fund managers sounds like a great story, but I would wager it was a little more convulted than that, shall we say.

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  7. "convoluted", sorry.

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  8. Tom, the waiver of sovereign immunity actually happened in 1999, not 2003. At that point Donegal/Sheehan had bought up the Romanian debt already, and what they did was definitely quite high up on the clever/sneaky stakes: they offered to donate $2 million in debt to a presidential housing fund. Turn debt into affordable housing for the masses! Yay! And naturally as part of accepting the debt as a legitimate donation, the government recognized it as a legitimate debt. Which, in hindsight, was not very clever or well-advised. But prolly the president was on the junior civil servant's case, all enthusiastic about this $2 million donation, and the junior civil servant in any case was well aware that there was a hell of a lot more than $30 million in unpaid bank loans out there, what difference would it make if Zambia recognized one more. So anyway, that's how it happened. Not the kind of thing that vulture funds like to brag about, to be sure.

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  9. Vultures, by the way, are extraordinarily graceful creatures when they fly. I spent much of last Sunday watching them. Huge, they are.

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  10. Two years ago, I almost got a t-shirt saying "I *heart* vulture funds". It just happened that the country they were going after 1. could pay 2. was ruled by the very people who contracted the debt 3. was mine 4. is horrible.

    So somehow they helped some NGOs uncover some awful public fund looting which led to at first confused responses from our government ("we don't know what happened to $300 millions worth of oil") and then to the pro-government newspapers educating everyone on vulture funds with long articles about other countries' past experience and Nestor Kirchner quotes.

    Oh, weeks later they got HIPC status.

    Let me just say it left me pretty disgusted by the WB, debt relief and anti-vulture funds arguments.

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  11. It's a pretty roundabout and expensive way to achieve the goal though, isn't it? (And IIRC if it's the country I'm thinking of, the vulture fund profit in question made a lot of investors substantially more reluctant to agree restructurings for other African countries around the same time).

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