Panama Losing Fiscal Credibility-UBS

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UBS Investment Research Latin American Focus Panama Losing Fiscal Credibility Fiscal and political risks are rising A string of recent events makes us think we may be at the onset of a possible deteriorating environment in Panama. The government seems to be overextending its quest for additional financing; in the process it has tarnished our view of its commitment to fiscal responsibility. In this context we begin to see that risks may be rising relative to other high-grade credits in the region and would think that an early reexamination of long views may be warranted. Botched attempt to sell the crown jewels raises questions Heavy political opposition this week forced President Ricardo Martinelli to put on pause its plans seek additional funds by selling its holdings in telephone and electric companies as well as its ambition to gain control of the Constitutional Court. The president said that he plans to insist in other ways and that a law to sell the electricity companies wasn’t even needed because current legislation already allows it. So, why the reform and apparent urgency, we ask? The government says it plans to use the funds “to finance public water utility projects”. Since we would argue that the government has plenty of financing options that would invoke less political resistance it’s worth pondering whether there might be more than meets the eye. If there is smoke there’s fire (usually) This week’s problems began brewing about three weeks ago, following the enactment of a law that may have drawn more attention to the creation of the a sovereign wealth fund (Panama Savings Fund, PSF) than for other negative items. Among these, the law established that the proceeds of a potential sale remaining stakes in the privatized utilities would not go into the PSF, in effect, making them available for budget spending. This altered framework governing the Social Development Fund since the mid 1990s. The other negative element involved changes in the Fiscal Social Responsibility Law to provide the government with additional financing space. These items evoked growing discontent and which according to local media erupted this week when congress was getting ready to approve the sale the state’s holdings in the telephone and electric companies. When more is not enough Concurrent to setting up the PFS, the government got the National Assembly to increase the ceiling on the deficit in 2012 to 2.9% of GDP from 2.0% and to defer the declining schedule back two years to 2017 whence the ceiling would be 1% of GDP. The change revealed that the government needed about $300m. However, this week Minister of Economy Frank De Lima admitted that the financing gap stands at $400m and said that “the shares in these companies must be sold; otherwise budget cuts would be necessary”. But wouldn’t this be what fiscal responsibility calls for, considering that capital expenditures are hovering 9% of GDP (3 times the regional average), the economy is booming and the external environment is plagued with risk? Deferring fiscal responsibility The recent developments in Panama confirm a trend showing the government’s weak adherence to fiscal rules. It seems more intent in expanding its public projects beyond its own medium term program than about sticking to increasingl y lax deficit rules. The trend is eroding the government’s credibility with respect to fiscal prudence and responsibility, in our view. We get the feeling that though the administration may like the concept it prefers to defer its application to the next administration. This raises risks to fiscal consolidation and limits the improving of debt dynamics. Global Economics Research Latin America New York 22 June 2012 www.ubs.com/economics Gustavo Arteta Economist [email protected] +1-203-719 5863 Javier Kulesz Economist [email protected] +1-203-719 1603 Rafael De La Fuente Economist [email protected] +1-203-719 7127 Andre Carvalho Economist [email protected] +55-11-3513 6522 This report has been prepared by UBS Securities LLC ANALYST CERTIFICATION AND REQUIRED DISCLOSURES BEGIN ON PAGE 7. ab

Transcript of Panama Losing Fiscal Credibility-UBS

Page 1: Panama Losing Fiscal Credibility-UBS

UBS Investment Research

Latin American Focus

Panama Losing Fiscal Credibility Fiscal and political risks are rising

A string of recent events makes us think we may be at the onset of a possibledeteriorating environment in Panama. The government seems to be overextendingits quest for additional financing; in the process it has tarnished our view of itscommitment to fiscal responsibility. In this context we begin to see that risks maybe rising relative to other high-grade credits in the region and would think that anearly reexamination of long views may be warranted.

Botched attempt to sell the crown jewels raises questions Heavy political opposition this week forced President Ricardo Martinelli to put on pause its plans seek additional funds by selling its holdings in telephone andelectric companies as well as its ambition to gain control of the ConstitutionalCourt. The president said that he plans to insist in other ways and that a law to sellthe electricity companies wasn’t even needed because current legislation alreadyallows it. So, why the reform and apparent urgency, we ask? The government saysit plans to use the funds “to finance public water utility projects”. Since we wouldargue that the government has plenty of financing options that would invoke lesspolitical resistance it’s worth pondering whether there might be more than meetsthe eye.

If there is smoke there’s fire (usually) This week’s problems began brewing about three weeks ago, following the enactment of a law that may have drawn more attention to the creation of the asovereign wealth fund (Panama Savings Fund, PSF) than for other negative items.Among these, the law established that the proceeds of a potential sale remaining stakes in the privatized utilities would not go into the PSF, in effect, making themavailable for budget spending. This altered framework governing the SocialDevelopment Fund since the mid 1990s. The other negative element involvedchanges in the Fiscal Social Responsibility Law to provide the government withadditional financing space. These items evoked growing discontent and whichaccording to local media erupted this week when congress was getting ready toapprove the sale the state’s holdings in the telephone and electric companies.

When more is not enough Concurrent to setting up the PFS, the government got the National Assembly toincrease the ceiling on the deficit in 2012 to 2.9% of GDP from 2.0% and to deferthe declining schedule back two years to 2017 whence the ceiling would be 1% ofGDP. The change revealed that the government needed about $300m. However,this week Minister of Economy Frank De Lima admitted that the financing gapstands at $400m and said that “the shares in these companies must be sold; otherwise budget cuts would be necessary”. But wouldn’t this be what fiscalresponsibility calls for, considering that capital expenditures are hovering 9% ofGDP (3 times the regional average), the economy is booming and the externalenvironment is plagued with risk?

Deferring fiscal responsibility The recent developments in Panama confirm a trend showing the government’sweak adherence to fiscal rules. It seems more intent in expanding its publicprojects beyond its own medium term program than about sticking to increasingly lax deficit rules. The trend is eroding the government’s credibility with respect tofiscal prudence and responsibility, in our view. We get the feeling that though theadministration may like the concept it prefers to defer its application to the next administration. This raises risks to fiscal consolidation and limits the improving ofdebt dynamics.

Global Economics Research

Latin America

New York

22 June 2012

www.ubs.com/economics

Gustavo Arteta

[email protected]

+1-203-719 5863

Javier KuleszEconomist

[email protected]+1-203-719 1603

Rafael De La FuenteEconomist

[email protected]+1-203-719 7127

Andre CarvalhoEconomist

[email protected]+55-11-3513 6522

This report has been prepared by UBS Securities LLCANALYST CERTIFICATION AND REQUIRED DISCLOSURES BEGIN ON PAGE 7.

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A deteriorating environment Though we may have gotten accustomed to headlines from Panama pointing to mega investment plans and booming growth, we think we may be approaching an inflection point. A string of recent events makes us think we may be at the onset of a deteriorating political and fiscal environment. Though growth and investment are likely to remain strong, we think risks are rising. The government’s recent change of the Fiscal Social Responsibility Law (FSRL) and this week’s push to sell it stakes in utility companies suggest that the government is overextending its fiscal space. This quest for additional financing and President Ricardo Martinelli’s irreverent insistence to seek changes of the electoral and Constitutional Court are consuming his political capital and in our view showing weak commitment to fiscal responsibility and prudence, especially when compared to other high-grade credits in the region.

Tightening political scene This week Martinelli has faced arguably the most serious bout of public opposition which has amalgamated protestors from let to right in the political spectrum. Large protests outside and inside the National Assembly forced it to interrupt the sessions and have led the government to back-step on his intentions to access additional funds from the sale of the government holdings in telephone and electric companies. Political opposition to Martinelli’s insistence to gain control of the Constitutional Court by way of the creation of the ‘Sala V’ (or Fifth Bench) and nomination of its judges have added fuel to the fire as well as his attempt to modify elections laws to adopt second round runoff elections, both of which remain highly unpopular (see Charts).

In 2011, political tensions have heated and the government’s popularity has been declining. Earlier in the year indigenous groups protested against the government’s plans to allow mining projects in the parts of the country where their communities are concentrating. More recently public back and forth exchange with Vice President and former ally Juan Carlos Varela over mutual accusations of corruption and calls for the other’s resignation cost the President in the polls. More recently, actions aiming set the stage for changes in electoral rules that could favor him in a possible reelection campaign (which Martinelli has not admitted to but is vox populi locally) showed up in polls. In just about every indicator of public opinion, the president’s and the government’s ratings have been trending down. Martinelli’s popularity has plummeted in the past 12 months and the percentage of Panamanians that view his administration as transparent has fallen and hovering around a lowly 16% (and that’s before this week’s protests and legislative shenanigans). More than 75% of the people are against Martinelli’s arguments to allow consecutive presidential terms or instituting a second round runoff elections process. In polls, only 11% say they would vote for Martinelli if elections where held today and he is behind Varela who is clearly becoming a growing political threat.

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Chart 1: Overall Opinion of President Martinelli Chart 2: Opinion over transparency and runoff proposal

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Source: Dichter & Neira Note: *Percent of respondents that think the government is transparent Source: Dichter & Neira

Botched attempt to sell the crown jewels This week the National Assembly was debating legislation that would make changes to the regulatory framework of the electricity sector and would facilitate the sale of the holdings in Cable & Wireless Panama (C&W). Minister of Economy and Finance, Frank De Lima, said it wants to sell about 24% of its 49% current holdings in C&W. This didn’t play well with many in Panama. Local media also reports that protests grew increasingly disruptive when it became public that the National Assembly was also considering the sale of the remaining government stakes in electricity companies privatized more than a decade ago.

Martinelli’s controlled National Assembly was forced to stop its sessions amidst intense protests and public outcry against the government’s intentions. The President was forced to put on pause its plans. A ruling to activate the controversial Sala V or constitutional bench in the court evoked unprecedented opposition when the nomination of the judges came under consideration. With respect to the sale of the stakes in the utilities, yesterday Martinelli indicated that the he plans to insist through other ways and that a law to sell the electricity companies wasn’t even needed because the current legislation already allows it. This begs the question of why he sought the reform and what’s the apparent urgency? We think the answer lies in the fiscal accounts. The government needs additional financing to continue expanding its capital expenditure program beyond what the existing budget and financing constrains.

The government says it plans to use the funds “to finance public water utility projects”. But it would seem that this is neither of extreme urgency nor something for which other sources of financing could be found without having to resort to selling (what some locals still refer as) the crown jewels along with the Panama Canal. We're left with the feeling that there’s more than meets the eye.

If there is smoke there’s fire (usually) This week’s political problems began brewing about three weeks ago, when following 5 short days of deliberations the National Assembly passed a bill

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which the president signed into law on June 5. The law drew headline attention to the Fondo de Ahorro de Panama (Panama's Savings Fund, PSF) it created, however it also contained some important negative elements which contributed to the current political turmoil.

The PSF was designed to manage the windfalls from the expanded Panama Canal (Chart 3) as well as other public assets. Setting up a sovereign fund was positive in itself and though the law includes some provisions and rules for tapping the money which may be too lax and vulnerable the instrument remains encouraging. Indeed, we think its design faults can be easily addressed before the key elements of the PSF take effect in 2015 and once the expanded Canal begins to operate.

Chart 3: Projected contributions of the Panama Canal Authority to fiscal accounts and PSF

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Source: Panama Canal Authority and Ministry of Economy and Finance and UBS estimates

That law however also introduced various questionable items, some of which, this week’s turmoil have helped expose as well as the government’s original intentions, namely access to additional financing. The law set up as the seed capital to the PSF the existing $1.3bn accumulated in the Development Trust Fund or Fondo Fiduciario de Desarrollo, (FFD). In the process, law extinguished the FFD and changed some of key provisions.1 In particular, it established that the proceeds of a potential sale remaining stakes in the privatized utilities would not go into the PSF (as in the FFD). The consequence of course is that the sale of public holdings in the telephone and electric companies can be directed to cover current budget needs. Martinelli’s Cambio Democratico (CD) party in the legislature ignored opposition to this change three weeks ago and tried again this week to do so. This time, however, the government’s plans sparked the opposition’s ire, which morphed into the turmoil that interrupted the National Assembly’s sessions.

1 As background, the FFD was created in the mid-1990s after extended political compromises to house the proceeds from the privatization of state-owned enterprises. The return on the investment of the FFD’s capital was then used on social development projects.

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Concurrent to setting up the PFS, that law also modified the Fiscal Social Responsibility Law. The deficit ceiling for 2012 was raised to 2.9% of GDP from 2.0% and pushed back the declining schedule back two years to 2017 whence the ceiling would be 1% f GDP. The change came just 15 months after the last change (see Chart) and clearly suggests the government’s unwillingness to adhere to the precepts of fiscal responsibility which entail sticking to the fiscal rules it put in place in the first place.

Chart 4: Fiscal Deficit Ceiling in the FSRL

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Source: Ministry of Economy and Finance and UBS

The higher ceiling revealed that the government was in need of about $300m in additional financing space. However, this week Minister of Economy Frank De Lima admitted that the financing gap stands at $400m and said that “the shares in these companies must be sold; otherwise budget cuts would be necessary”. This statement suggests either a weak commitment to fiscal prudence or some unexplained pressure or urgency to push public investment even higher. Consider this. Capital expenditures in 2011 clocked 8.5% of GDP and in 2012Q1 printed 82% y/y increase which would put them at over 13% of GDP for the year if the government keeps the pace. This is pretty high. In fact it’s more than 3 times the average public investment to GDP ratio in EM and a bit more that that in OECD countries. So it just doesn’t seem that the government needs to force additional investment this year at the expense of yet another breach of the fiscal responsibility framework. Moreover the economy continues to grow at over 10% y/y pace the external environment is plagued with risks. We have been bullish as anyone regarding Panama’s growth prospects. But let’s not forget that in the previous financial crisis, growth fell to 3%.

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Chart 5: Capital expenditure as percent of GDP

0.001.002.003.004.005.006.007.008.009.00

2003 2004 2005 2006 2007 2008 2009 2010 2011

Source: Ministry of Economy and Finance and UBS

Deferring fiscal responsibility The recent developments in Panama have eroded the government’s credibility with respect to fiscal prudence and responsibility, in our view. The continued increases in the deficit ceiling reveal a weak commitment to fiscal responsibility. We get the feeling that though the administration may like the concept it prefers to defer its application to the next administration. The consequences of this may be mostly limited to changes on paper now, but the accumulation of the deviations from the original framework are likely to reveal themselves over time as debt dynamics may fail to improve. It could also deteriorate policy credibility in other areas as well and eventually expose other fiscal weaknesses left unresolved by the weak adherence to the fiscal rules during good economic times.

In sum, the turmoil this week reveals an increasingly tighter political environment where the government is being challenged. Despite its command of congress and other public institutions the President has suffered political defeats or has been forced to retreat. Martinelli’s falling popularity and recent political blows have consumed some of his political capital. This could make for a rougher political environment in the last two years of the administration. The recent reforms and policies also constitute a trend showing weak willingness to stick to the principles of fiscal responsibility. Though the government could still mend its ways in the last two years in power, we think Panama may be entering an inflection point where risks are rising and an early reexamination of long views may be warranted.

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