Global finance officials fear a victory by creditors could make it more
difficult to put together an international financial rescue packages like the
one that pulled the Greek economy from the brink of collapse in the past few
years.
Those concerns have put the U.S. government and the Washington-based
International Monetary Fund in an awkward position. They have both criticized
Argentina's handling of its economy. But they fear a judgment against the Latin
American country in this case could set a dangerous precedent.
"It has nothing to do with Argentina," IMF spokesman William Murray said
Thursday. "It has to do with the principles, the policy implications of a
particular legal case."
The concerns arose again this week as the IMF contemplated formally backing
Argentina in the court case. After the U.S. opposed that plan, the international
lending agency decided against doing so, saying it was wary of taking sides in a
U.S. legal dispute.
But the IMF clearly worries that a ruling against Argentina could make it
difficult to craft future rescue packages that call for a country's creditors to
accept less than what they are owed.
The U.S., which has supported Argentina at earlier stages of the case, said
Wednesday it shares the concerns even though it had opposed IMF involvement in
the case. The IMF was considering filing a friend-of-the-court brief in support
of Argentina's petition to the U.S. Supreme Court to overturn a lower court's
ruling against it.
The case stems from Argentina's financial crisis a dozen years ago when the
government could not pay its debts and Argentine bonds became nearly worthless.
As the country tried to get its finances in order, it offered creditors new
bonds that initially paid less than 30 cents for each dollar of bad debt. More
than 90 percent of bondholders agreed and some of them have since recovered
three-quarters of their pre-default investment.
But a small fraction of bondholders, some of whom bought the debt securities
at cut-rate prices during the crisis, say Argentina should pay them the face
value of the bonds, plus interest. Investment fund NML Capital and 18 other
creditors sued and a lower court ordered Argentina to pay $1.4 billion.
Normally, it would be difficult for plaintiffs to collect on such a ruling.
But the judge granted their request for an unprecedented mechanism to force
Argentina to pay: Using the U.S. funds transfer system — it automatically zips
trillions of dollars a day around the world — to block the payments Argentina
makes to all the other bondholders unless it also pays the plaintiffs.
That worries the United States and the IMF. When a country is basically
insolvent, the IMF often steps in and helps craft a package that may force the
country to overhaul its finances — and also pressure creditors to accept
restructured or reduced debt.
If the lower court ruling is upheld on appeals, the IMF says that would make
it less likely that the majority of creditors in any future bailout would agree
to complex debt restructurings like the one Greece recently went through.
Bondholders would have less incentive to reduce their claims on the country down
to levels where payments can be met.
"If this makes debt relief harder, the IMF's job is made much harder," said
Anna Gelpern, senior fellow at the Peterson Institute for International
Economics and a law professor at Georgetown University.
Charles R. Blitzer, former IMF official and a consultant with significant
experience in debt restructurings like Argentina's, said the U.S. and IMF
concerns are overblown and not based on evidence or careful analysis.
The ruling, according to Blitzer, would only be applicable to a very few
cases because the language in the bond contracts was unusual. The case revolves
around clauses in the original 1990s bond contracts that gave equal rankings for
all kinds of debt.
Secondly, the ruling was explicitly a reaction to Argentina's behavior toward
creditors, such as its unwillingness to negotiate and obey other court orders,
Blitzer said. He also noted many recent bond contracts have collective action
clauses that allow a majority, say 75 percent, to determine whether all
bondholders go along with a debt restructuring.
The judge's ruling to force Argentina to pay using the U.S. funds transfer
system prompted alarm reflected in a flood of legal briefs from U.S. banks, the
Federal Reserve, the U.S. government and other institutions, warning of serious
damage.
The Federal Reserve and the Clearing House, a trade group representing the
world's largest commercial banks, told the judge to make sure his order won't
affect the U.S. funds transfer system.
The entire system depends on transfers being "immediate, final and
irrevocable" when processed, the Federal Reserve said. Requiring intermediaries
to identify, stop and divert payments according to court orders "would impede
the use of rapid electronic funds transfers in commerce by causing delays and
driving up costs."
Argentina says it cannot possibly comply with the judge's order without
ruining its economic recovery. The country has been unable and unwilling to
issue new bonds in foreign currency because of the case as it would have to pay
prohibitive interest rates. Anyone wanting to insure current Argentine debt
against another default must pay the highest prices in the world.
____
Associated Press writer Michael Warren in Buenos Aires contributed to this
report.
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