29. Nov. 2002 erlassjahr.de commentary
Firmly on the wrong path: SDRM after the Annual Meetings 2002
We have commented comprehensively upon the SDRM proposal, as it was presented
at the Annual Meeting of the Bank and the Fund last September (see: „No
way, IMF!“, available at: www.erlassjahr.de). During those meetings
there has been some discussion between FTAP proponents and the Fund staff.
These debates have left disappointingly few traces in the three statements,
which have been made since September by the staff and leadership of the
Fund on this issue. This article is to comment upon these statements, not
repeating the general critique of the SDRM proposal viewed from an angle
of fairness and transparency, which in our view is essential for any meaningful
reform. The key flaws of the SDRM as opposed to a fair and transparent mechanism
can be summarized as follows:
- A new framework must have the explicit aim of facilitating a fresh
start for the debtor.
- A reformed procedure must be guided by a truly impartial institution.
There must not be any room for any special role of any creditor, including
the IMF. This goes also for the selection of arbitrators; an IMF veto
in their selection is unacceptable.
- The procedure must be a transparent one and one that leads to a decision
– and not to a „proposal“, which is then voted upon by creditors.
- The assessment of the debtor’s economic situation – and
hence of the need for relief – needs to be done by an independent
institution, and not by one which pursues interests of its own on either
the debtor or the creditor side.
- An amendment of Fund’s Articles of Agreement can only be the
way to legal security if this does not imply any special role of the
IMF in the process.
- The procedure must be a comprehensive one, dealing with all claims
on the debtor country, and it must start with an enhanced verification
process, through which claims are scrutinized under all relevant aspects
including their legitimacy.
- Like a process under US chapter 9, it must guarantee the right of
all stakeholders to be heard by the decision making panel, before the
decision is actually made.
Since end September 2002 there have been three statements made by leading
staff of the IMF:
- Anne Krueger: Crisis Prevention and Resolution: The Role of Sovereign
Debt Restructuring; Remarks at American Enterprise Institute Symposium;
Washington D.C. October 7th 2002. (Krueger-I)
- Jack Boorman: Sovereign Debt restructuring: Where Stands the Debate?
New York Oct. 17th 2002 (Boorman)
- Anne Krueger: Sovereign Debt Restructuring Mechanism: One Year Later;
Mexico City Nov. 12th 2002. (Krueger-II)
All three documents are available from the IMFs website (www.imf.org).
The documents went a long way repeating the state of the debate after one
year of discussions. The general tone reveals an obvious interest by the
Fund to accommodate concerns of all stakeholders, including NGOs, by some
occasional friendly rhetoric, taking up formulations, key words and quotes
form the respective contexts. On the level of content, however, there is
not much change from the pre-Washington state of the art.
1. Trying to hide the obvious: The Fund on its own role
In both her speeches Krueger suggested that there would be no role of the
Fund at all. Krueger-II states: What formal role would the IMF have under
the SDRM proposal? The short answer is: None. – only to continue
a few lines later: At the same time, the IMF has a crucial role to play
now, and in the future,in enabling the international community to reach
a judgment on the sustainability of a country's debt and the appropriateness
of its economic policies.
How can this contradiction between „no role“ and the „crucial role“
be resolved? Simply by establishing that the Fund plays this role right
now, even in the absence of the SDRM. In other words: there can be nothing
wrong with things we are already doing. However, the critique of the fatal
double role of the Fund as a lender and the „expert“ who assesses
the country’s economic situation has been very much at the heart of
NGO’s positions. So, why does the IMF insist on the role which has
drawn that much of a fierce critique from all sides? For „consistency’s“
sake. This is because there has to be some degree of consistency between
the Fund's judgments about the sustainable economic program and the feasible
size of primary surpluses, on the one hand, and the extent of restructuring
agreed to by the creditors and the debtors, on the other. So, in broad terms,
the Fund's role will continue to be what it has been to date, namely that
of signaling its willingness to support a country's economic policies and
providing financial assistance through an IMF-supported program (when the
country's situation looks sustainable going forward).
In her October speech Krueger (I) had put it even more clearly: there
has to be consistency between the Fund's judgments about the sustainable
economic program and the feasible size of primary surpluses, on the one
hand, and the size of the "haircut" agreed to by the creditors and the debtors,
on the other.
It is not that surprising that the Fund sticks like glue to its monopoly
on assessing the debtor’s economic situation, as it implies a huge
amount of influence over a procedure’s outcome. What in fact is surprising
is the degree of chutzpah with which it rules out that the Funds could,
like any creditor, base its lending decision on its own assessment, but
leave any judgement beyond this to the parties involved, i.e. an institution
which the parties might wish to nominate in order to have data harmonized
and evidence produced.
In the light of this insistence on its role, NGOs need to be alarmed, when
Krueger (I) with pretended humbleness points out some need for reform in
the Fund as well: Work on the SDRM has to go hand-in-hand with several
other reforms including: Increasing the Fund's capacity to assess better
the sustainability of a member country's debt (...).
After the lousy quality of the Bank and the Fund’s projections on
HIPC debt sustainability had been revealed by NGOs, some important Fund
members including G7 governments saw some strong need for a counterbalance
to the Funds monopoly. The German government suggested the establishment
of an NGO advisory group, which might feed critical evidence into future
analysis done by the IFIs. With the view that Ms. Krueger now has on this
proposal, namely increasing the Fund's capacity to assess better…
NGOs must certainly not let themselves be lured into such an „advisory“
role. As long as they would not advise an independent panel, but rather
the creditor IMF, nobody, except for the Fund itself, will have anything
to win from that exercise. Washington (and Berlin), don’t count on
us!
It should be added that the sneaky style of pretending „no role“,
while claiming key positions, does not only start when it comes to assessing
debt sustainability. Already the verification process once a country has
filed for an SDRM is claimed to be an IMF core task, even if only implicitly.
The „double trigger“ of the SDRM (Krueger-II) requires that after
the debtor has filed for the process, there needs to be a „validation“
from the creditors. However, creditors at that moment will certainly not
be in a position to organise and come to a sound common assessment in the
necessarily short timeframe. Guess, who is meant to stand ready and step
in? It needs to be pointed out, alltogether, that this validation-trigger
is useless, because the system is a self-regulating one. The Fund itself
has time and again explained that it would be a costly exercise for a country
to unnecessarily file for an SDRM. Interrupting relations with creditors
will always lead to a difficult situation, particularly for a dependent
Southern economy. It only makes sense, if at the end of the day an unsustainable
situation is resolved and the relationship between the indebted country
and the outside world is re-established on a new and more sound basis. If
the once initiated process gets stuck because it turns out to be simply
unfounded (and is declared so by a truly impartial arbitration panel), the
debtor country itself will be the greatest looser.
Finally, one quite new aspect regarding the Funds role can be found in Boorman,
when he asks: How can the incumbent government, and the relevant Ministers
and officials, be persuaded to accept that reality and approach creditors
for relief? We all certainly look forward to an IMF which serves to
persuade debtor governments to approach their creditors (including the IMF)
for relief!
2. Clarifications – unwelcome ones
Contrary to the supposed comprehensiveness of the SDRM the IMF has excluded
not only countries, but also classes of debts. First, it has withdrawn from
earlier statements, which clearly indicated that an SDRM should serve any
country which needed it, in order to restate that HIPC is for the poor and
SDRM for the Emerging Markets (Boorman). It is indeed shocking to see how
little the institution has learned from HIPCs failures. It remains to be
seen if the Bretton Woods Institutions really dare to come up with an enhanced
enhanced HIPC, when in the near future more and more post-relief HIPCs run
into default (as Bank and Fund foresee themselves) – while other countries
are receiving treatment under a fairer and more comprehensive scheme. It
is important to note that the IMF has never given any reason, why HIPCs
should be excluded from a new scheme.
Moreover the IMF understands the SDRM to be only meant for external debt.
However, critical countries like Brazil are suffering from a huge amount
of internal debt. The Fund pretends it can fix the incoherencies between
both by the same kind of „comparative treatment clauses“, which have
largely failed to work in the Paris Club, ever since the official sector
claimed leadership in international debt management. What would the Fund
and the international community at large actually do, once the Argentine
government keeps servicing internal debt in full while external creditors
have suffered a haircut, because, f.i. key government officials have their
stakes in the respective banks and investment funds?
In Washington the Deputy Secretary general of the Club had declared that
the Club did not (yet) have a position on SDRM. It is quite sad, that the
Fund already bowed to the Paris Club’s only supposed interest to remain
out of the (SDRM-)picture, before Club members were even able to formulate
a request to that respect. Hasn’t the Club been the Nr.1 model for
an incomprehensive and thus futile scheme for debt management?
3. Clarifications – welcome ones
Two passages of Ms. Kruegers (II) statement are really useful:
For the first time the IMF has produced a bit of clarity regarding what
it understands by debt sustainability. She stated: A sovereign
debt is sustainable when the sovereign can, with reasonable policies, service
the debt to an extent that the future debt-to-GNP ratio will ultimately
stabilize or fall. It is unsustainable when, under any realistic set of
policies and circumstances that can be envisaged, the debt-to-GDP ratio
(or debt-to-export ratio in some cases) will rise without limit. In the
latter circumstance, debt will ultimately have to be restructured with a
reduced net present value (NPV) relative to its face value.
She is even more precise, when defining: in circumstances where the real
rate of growth of the economy plus the primary surplus as a percent of GDP
is less than the interest payments as a percent of GDP, the debt-to-GDP
ratio will grow indefinitely.
This is not the most elaborated and development-oriented of all sustainability
definitions, but for the first time it reveals what the Fund has on its
mind, when it comes to considering a debt burden as unsustainable. It even
allows for a bit of calculation, how much relief would actually be needed.
NGOs are indeed challenged to take the concept up and to confront it with
their own proposals, like those related to the Millennium Development Goals.
Second Ms. Krueger (II) deserves praise for her lucid rejection of the notion
that an orderly framework might actually raise borrowing costs for the debtor.
This argument originally brought up by private apologetics of the status
quo, has resounded from many angles, including Emerging Market governments
throughout the SDRM debate. She rejects the idea as illogical and by pointing
to the historical evidence, which could be drawn form experiences with national
insolvency legislation. F.i. the 1978 bankruptcy act in the US has not led
to a drying up of credit markets – quite to the contrary. On the logical
side she rightfully expects from an orderly framework more sound policies
on the part of the debtor, an increased recovery rate through a more timely
and faster restructuring, and finally smaller haircuts for the creditors
– all in all nothing that tended to make borrowing more costly. It
could be added that an orderly framework will also result in less irresponsible
lending by all creditors, including the IMF, in the first place.
4. Are we there at all? The IMF and the NGO proposal
Boorman started by giving an overview on current proposals on the table.
Strangely enough he mentioned the well-known SDRM, the CAC proposal of the
US-government, a proposal by two J.P.Morgan economists, to exchange existing
claims against new ones, which carry a CAC (thus rather an option 2b than
3), and fourth the option to stick with existing procedures. Neither he
nor Krueger even mentioned US-chapter 9, which is underlying the FTAP proposal.
En passant he mentions the NGO call for truly independent decision making,
only to (falsely) claim that the current SDRM will be in line with that.
Contrary to f.i. the World Bank, which quite often claims to take inspiration
from NGOs on board, Fund staff at least in this debate seem quite afraid
of acknowledging that there was something conceptual out there which is
quite ahead of their own proposals regarding values like impartiality and
comprehensiveness, which they claim to be guiding principles of the SDRM.
This is quite contrary to the openness with which NGOs meet when they set
up personal dialogue with Fund staff.
Only once they left a trace: In the end of her statement (II), Krueger could
not help but insert the wonderful quote by Adam Smith "when it becomes
necessary for a state to declare itself bankrupt ... a fair, open and avowed
bankruptcy is always the measure which is both least dishonorable to the
debtor, and least hurtful to the creditor." It is hard to believe that
she dug this out of her Smith compendium. More probably she took it from
the introduction of Kunibert Raffer’s „What’s good for the United
States must be good for the World“. What a pity, she did not acknowledge
that!
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