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    China Business
     Sep 4, 2008
Page 1 of 5 
CHINA'S DOLLAR MILLSTONE, Part 2
Developing China with sovereign credit
By Henry C K Liu

The two key factors preventing the use of sovereign credit to finance sustainable development of the domestic sector of the Chinese economy are China's high export dependency operating under dollar hegemony and the ill-advised blanket privatization of the public sector.

The term "privatization" is generally defined as any process aimed at shifting government functions and responsibilities, in whole or in part, to the profit-driven private sector. Privatization of government responsibilities is touted by both conservatives and neoliberals as the remedy for government inefficiency and corruption. Yet the

 

record shows that both public and private sectors, given the opportunity, have shown equally high propensity to become inefficient, corrupt and unethical, each in its own way.

In the shadow of the 1930s Great Depression and chastened by the horror of global modern war, Western societies in the 20th century sought to redefine social provision and the notion of public good. There was renewed concern with the rights of citizenship and entitlement to basic services (health care, education, public housing, subsidized mass transport and unemployment insurance) as part of a "social wage". These programs were purposely removed from the pressure of the market, to be funded by general taxation at progressive rates for the benefit of all.

The strength of the welfare state varied from one country to another. It had its weakest foothold in the United States. But the rationale was the same: social cohesion and economic progress were furthered by a shared sense of community. Forty years later ideology took an about-face. The welfare state came under attack and nowhere more so than in Britain, one of the countries where it was most advanced, led by prime minister Margaret Thatcher. President Ronald Reagan jumped on the reactionary train in the US. (See The privatization wave, Asia Times Online, February 12, 2005.)

Privatization of the public sector, generally taking the form of sale or lease of public assets or property rights to private interests, is a path toward failed-state status even for a sovereign state with a capitalist market economy. By definition, the public sector exists because there are elements of the economy that the private sector cannot handle efficiently without externalizing some major costs to the economy as a whole.

Operationally, privatization of the public sector generally takes the path of corporatization of state-owned enterprises by offering shares for sale in the capital market to those who have access to money. This approach presents ideological as well as practical problems for a socialist society such as China's, in transition towards a socialist market economy. In a socialist economy, state-owned-enterprises (SOEs) are owned collectively by all the people. Ideally, everyone enjoys all the consumable wealth he/she needs and no one needs to personally worry about savings for rainy days as excess wealth to invest. Savings in a socialist society are done collectively, with the need to save socialized.

Privatization of SOEs that operate in the public sector through corporatization via initial public offerings of shares raises issues of equity and social justice, aside from the fact that it drains private capital unnecessarily from the part of the private sector that otherwise serves a legitimate economic function. This drain of private capital causes interest rates in the private sector to rise needlessly and reduces the efficiency of the entire economy.

Without an institutional framework in place to transfer state-owned property fairly to all members of the owning public with low transaction costs, the initial uneven private allocation of state-owned property and the lack of fluidity in secondary markets can and often do undermine social justice and welfare by exacerbating wealth and income inequality.

A practical problem for socialist countries such as China is from whence would the potential domestic buyers with money come? Surely not from members of the proletariat class who by definition have no money for private investment, not even from latent capitalists since they were not allowed to exist before the age of reform toward market economy.

Domestic buyers then must come from a small circle who are in a position to manipulated finances to gain access to bank loans collateralized by the very shares they intend to buy. Foreign buyers, albeit now still limited in the amount they can purchase, end up buying the best state-owned-enterprises at bargain prices in a buyer's market. The problem has been a lightning rod of public complaint for the past decade.

Some Eastern European transitional economies have used complicated voucher schemes in which public assets could be distributed broadly among private citizens and collectively owned institutions with legitimate claims on them. Voucher holders could then trade these new instruments of ownership at market value as pseudo-stocks of the public assets being privatized. Such voucher systems inevitably suffer from high transaction costs and other market inefficiencies caused by the unmanageably large number of individual voucher recipients, uneven market information, and the difficulties in organizing and regulating a fair market.

The net result has been to provide legal but unfair opportunities for unsavory and manipulative speculators, often foreigners with sophisticated experience and expertise in financial engineering, to buy up the dispersed vouchers at high discount and use them to subsequently acquire control of the privatized SOEs on the cheap. Such privatization processes are vivid examples of free-market fairness not adding up to economic justice.

Many East European states transitioning from socialist economy to market economy thus rely on auction mechanisms to both value and privatize state-owned property. Auctions can better determine the fair market price of assets based upon a number of factors: earning history and future potential, industry trends, auction rules and process, and availability and cost of money. Restructuring of the entity before it is suitable for sale is usually necessary before an auction can proceed.

External factors affecting market value involve anticipated post-privatization contractual relationship with governmental customers, the stage of privatization within the economy, potential competitors and market competition environment, and the degree of continuing government control of and regulation on the privatized entity, the industry and the private sector generally.

The auction process itself can influence market values by the way the state packages a SOE or parts of it for sale. Macroeconomic policies also affect enterprise market value. Bidding qualifications such as restricting auctions to buyers that meet eligibility qualifications set by the state can also affect market value. Such qualifying restrictions can include buyer citizenship and other non-financial requirements to preserve socio-economic justice.

Pre-auction restructuring efforts that require management changes, layoffs, debt absorption, efficiency improvement measures, investment priorities, bridge capital and loans and adjustment in contracts with other state-owned enterprises placed prior to the auction can raise transaction cost and lower the transaction value. For example, one determinant in pricing is the prospect of unionization of labor and workers' right to strike against a private corporation.

Aside from the issue of social justice, transitional economies need to weigh the social cost of privatization because a privatized entity often gains operational efficiency by externalizing part of its cost to society at large. Also, state-owned-enterprises are mistakenly viewed in neo-liberal circles as inevitably failing to operate efficiently as a result of nebulous property rights, uneconomic pricing due to government subsidies and intervention in management. This view leads reformers to seek misguided blanket privatization as a cure-all to stimulate more growth.

SOEs do need reform to improve their performance as a category, but privatization is not the answer. More to the point is to allow SOE salaries and wages to rise to levels competitive with private companies to retain and attract talent, to introduce meritocracy in management and to provide superior enterprise-financed training and education for career advancement. Also, SOE efficiency will improve if social benefits, such as health care, employee housing, children education and so forth, are not provided by each enterprise separately but outsourced to special function SOEs that can better capture economy of scale.

Ownership and management have been separate in market economies for more than a century. In fact the separation is recognized as the most significant factor in the growth of free-market capitalism. Also, profit-based pricing often adds aggregate inflationary pressure to the economy as a whole while producing profit only to individual units to be distributed to shareholders. Subsidized food prices are a clear example of this dilemma. Further, government bailouts of failed private enterprises are commonplace in free-market capitalism.

In the US, where free-market capitalism operates as a religious faith and the private sector dominates the economy, glaring examples of failed enterprises emerge repeatedly whenever government regulation fails. The most serious giant corporate failures invariably require government bailouts to prevent systemic damage to the economy. This is known as the "too big to fail" syndrome. The most recent examples in the finance sector are Fannie Mae and Freddie Mac, Bear Stearns, Countrywide and IndyMac. In recent history, the list of failed companies included Drexel Burnham & Lambert, Enron, WorldCom, Global Crossing, Pan Am Airline, Macy's, Delphi Auto Parts, Continental Illinois National Bank and Trust Company and numerous other bankruptcies.

Penn Central filed for bankruptcy and its passenger lines were nationalized as Amtrak in 1971 and its freight traffic nationalized as Conrail in 1976. Chrysler required a US$1.5 billion government guaranteed loan in 1979 to avoid bankruptcy.

The case of Enron illustrates the systemic fraud on a large scale that could occur in an under-regulated market with major banks as eager participants in dubious financial manipulation. In 1985, taking advantage of a weakened antitrust regime, Enron was formed from a merger of Houston Natural Gas and InterNorth Gas of Omaha, Nebraska. By 2000, Enron had grown into the largest natural gas merchant in North America, eventually branching out from a pipeline company into a major trader of energy, electricity and other commodities such as water, coal and steel. The company attracted eager investors and its stocks rose phenomenally.

Unfortunately, Enron's spectacular success came from its strategy of fraudulently manipulating its financials to achieve unsupported market value for its stock, resulting in the ultimate and inevitable collapse of the company as the fantasy bubble based on fraud burst and public trust in it evaporated.

A more recent example of widespread fraud is the promotion and marketing of auction rate securities (ARS), debt instruments with long nominal maturities for which the interest rate is regularly reset through a Dutch auction by bidding investors betting on money market movements.

Major banks and brokerage houses market ARS's as safe and liquid instruments, almost the equivalent of cash, to institutional investors, including pension funds, and charities, individuals, and small businesses, by promising to be bidders of last resort. But in early 2008, as the credit crisis that began in August 2007 caused the failure of up to 80% of the ARS market, the four largest investment banks that normally make a market in these securities (Citigroup, UBS, Morgan Stanley and Merrill Lynch) declined to act as bidders of last resort, as they had promised to do, causing losses to investors.

On August 1, 2008, New York State Attorney General Andrew Cuomo notified Citigroup of his intent to file charges over alleged Citigroup misrepresentation in the sale of troubled auction-rate securities as safe instruments. Investigators also accused Citigroup of illegally destroying relevant documents.

A week later, on August 7, in response to state and federal regulators charges, Citigroup was reported as having agreed in principle to settle the auction rate securities charges by buying back about $7.3 billion of auction-rate securities it sold to charity organizations, individual investors, and small businesses. The agreement also calls for Citigroup to use "best efforts" to make all of the $12 billion auction-rate securities it sold to institutional investors, including retirement plans, liquid by the end of 2009. The settlement allowed Citigroup to avoid admitting or denying claims that it fraudulently sold auction-rate securities as safe, liquid investments.

On the same day, a few hours after the Citigroup settlement announcement, Merrill Lynch announced that effective January 15, 2009, and through January 15, 2010, it will offer to buy back at par auction rate securities sold by it to retail clients. Merrill's action provided critically needed liquidity for more than 30,000 investor clients who hold municipal, closed-end funds and student loan auction rate securities. Under the plan, retail clients of Merrill would have a year-long option in which to sell back to Merrill at face value should the market value fall below that the auction rate securities they bought.

There is also the issue of the settlement's focus on points of sale rather than on the underwriting institutions that broke their promise of making markets for the auctions, which is a much larger problem than the settlement had so far covered.

Also the liquidity provided by the Federal Reserve through its discount window is accessible only to the large national investment banks but not to regional brokerage firms that acted as the large investment banks' agents. Further, the settlement is not global in the sense that investors who bought from regional firms that were not included in the settlement are not offered any buybacks. There was also a full-disclosure issue, in that when the auction market first began to crack, not all potential buyers were in possession of the critical information that the market might seize up or they would not have bought ARS's if they had known.

The State Attorney's office is also probing the relationship between Fidelity Investments, the nation's largest mutual fund manager and Goldman Sachs on the sale of ARS's. Most of the SAS's sold by Fidelity were underwritten by Goldman. There was a question of conflict of interest in terms of undue incentive to sell Goldman-underwritten instruments to Fidelity retail customers because Fidelity was protecting its other lucrative services from Goldman, including other Goldman underwriting of private offerings of instruments Fidelity developed for accredited investors.

In short, this is crony capitalism at work. What is amazing is that this practice has been going on for years, yet it takes until now before those in charge of fair and equitable markets to catch on. Better late than never, and it could have been never if a crisis had not broken out.

In the same month, the Securities Exchange Commission's Division of Enforcement engaged in preliminary settlements with 

Continued 1 2 3 4 5 


The Complete Henry C K Liu

Part I: Breaking Free from Dollar Hegemony


1. How Obama lost the election

2. Tigers' backs to the wall

3. Thailand teeters on the brink

4. False notes for the Grand Old Party

5. Ponzi dynamics still in play

6. No credit for central bankers

7. Iran tightens screws on Iraq's Kurds

8. China cozies up to Seoul

9. Russia remains a Black Sea power

10. Macau becomes a not so sure bet

(24 hours to 11:59pm ET, Sep 2, 2008)

 
 



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