Wednesday, March 25, 2009

What the blogosphere doesn't seem to realize is that nationalization is simply not a viable option.

From The Economics of Contempt:

"Nationalization is Not a Viable Option

Kevin Drum asks:
What would it take to nationalize an outfit like Citigroup? What are the likely legal, financial, diplomatic, and operational issues that would have to be resolved? It would be a real public service if someone with a credible background in this stuff could lay out the details in a way that's understandable for all the rest of us.
I don't have nearly enough time to lay out all the legal obstacles to nationalizing a bank like Citigroup, which would require several weeks, if not months, of legal work.

But here's one major legal issue: investment rights under Bilateral Investment Treaties (BITs) and some multilateral treaties such as NAFTA. For example, Article 1110 of NAFTA (which is representative) provides:

1. No Party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take a measure tantamount to nationalization or expropriation of such an investment ("expropriation"), except:

    (a) for a public purpose;

    (b) on a non-discriminatory basis;

    (c) in accordance with due process of law and Article 1105(1); and

    (d) on payment of compensation in accordance with paragraphs 2 through 6.

2. Compensation shall be equivalent to the fair market value of the expropriated investment immediately before the expropriation took place ("date of expropriation"), and shall not reflect any change in value occurring because the intended expropriation had become known earlier. Valuation criteria shall include going concern value, asset value including declared tax value of tangible property, and other criteria, as appropriate, to determine fair market value.

3. Compensation shall be paid without delay and be fully realizable.

The disputes over valuations of Citi's equity and debt securities would be endless, fraught with uncertainty, and potentially very expensive for the government. What's more, claims under Article 1110 of NAFTA (and similar claims under some BITs) can be brought directly by private investors.

This is just one of the seemingly endless legal obstacles to nationalizing an international financial institution like Citigroup, which has operations in over 100 countries. The legal issues alone would immediately create so much uncertainty that international financial markets would be thrown into chaos.

What the blogosphere doesn't seem to realize is that nationalization is simply not a viable option. It's literally not on the table.


Me:

Blogger Don said...

I need to find out more about this. Consider the following:
1) Banamex, Monex. Nikko Cordial, etc., run themselves, as far as I know.
2) Citi's plan is to sell most of these assets going forward anyway. They're simply waiting for a better market to unload them. They certainly want to keep Banamex, which could be sold.
3) Notice what Mexico did. From Inca Kola:

http://incakolanews.blogspot.com/2009/03/citigroup-c-mexico-moves-goalposts.html

"And so Citigroup can likely keep Banamex, according to Mexican gov't politicos that have just earned themselves a "one large favour owed to me" card (and will surely know how to use it). Reuters translates the moneyline which is being used....

"The law does not cover emergencies derived from the global crisis"

.....which is, of course, a total affront to logic and commonsense. Y'see according to Mexican lawmakers the clear legal statute that does not allow any foreign government to hold more than 10% of a bank doing trade in Mexico suddenly doesn't count because......because....because the US gov't didn't WANT to buy 36% of Citigroup ....and that makes it different. Cos they said so. And that national laws go out the window and Mexican pants are dropped to US pressures isn't really news. After all, it's greedy human beings we're dealing with here so logic obviously has to take a back seat. I'll just shrug my shoulders and scrunch my brow a bit and go "waddya expect?".

Bloomberg does a good job of explaining the outcome of the Mexican mental and legal gymnastics that lawmakers have gone through to get to this point. Here's the link worth reading. The only thing lacking from both Reuters and Bloomie's reports are meaningful opposition quotes and positions."

I'm sure that it could be a hornet's nest in Mexican politics, but they moved pretty fast to change that law which we were already violating.

In other words, I don't see why am FDIC type organization can't do what Citi is trying to do. After all, they might do a better job.

Don the libertarian Democart

March 25, 2009 2:08 PM

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