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    China Business
     Apr 1, 2009
Page 2 of 5
OBAMA, CHANGE AND CHINA, Part 3
The New Deal dollar and the Obama dollar
By Henry C K Liu
This report is the third in a series.
Part 1: The song stays the same
Part 2: A dangerous balance

some of Lehman's trading partners in derivatives transactions had not been returned as required and had disappeared from the UK as the bankruptcy process unfolded in New York.

The Bank of America (BoA) is seeking to recover nearly $500 million the bank "posted as collateral to "support derivative transactions between BofA and the respective Lehman Entities,'' according to a lawsuit filed in New York State Supreme Court that alleges the accounts at Lehman that held the collateral were

 

"frozen'' when the investment house filed for bankruptcy on September 15, 2008. BoA contends that Lehman "wrongfully refused'' to return the collateral in violation of its agreement as a trading counterparty.

The dispute was expected to be the first of many since it is not uncommon for derivative transactions to be part of tangled web, in which trading counterparties are on the hook to make payments to other trading counterparties with whom they have no direct agreements. A derivative is a sophisticated contractual agreement that is dependent on the performance of the notional value of an underlying security, such as a bond, a stock or a commodity.

The dispute between BoA and Lehman stemmed from the fateful decision by Lehman officials in New York to transfer $8 billion in cash from the firm's London offices on the eve of the bankruptcy filing before funds were frozen in London. The $8 billion cash and securities sweep left Lehman's London offices with no money to pay employees or to provide cash to hedge funds that made use of the firm's overseas prime brokerage operations.

The list of hedge funds entangled in the Lehman bankruptcy kept growing by the day following bankruptcy filling. Besides Bay Harbor, the list of hedge funds caught in the great $8 billion cash transfer include GLG Partners, Newport Global Opportunities Fund, Amber Capital and Harbinger Capital Partners. Texas-based Newport Global, a nearly $700 million fund with close ties to private equity giant Providence Equity Partners, got squeezed when Lehman officials apparently failed to comply with the funds' request to move all its assets to Credit Suisse.

Newport, which used Lehman as a prime broker, notified Lehman on September 10, 2008, five days before bankruptcy filling, to transfer assets held by Lehman's London affiliate to Credit Suisse. Newport executives had believed the transfer was completed and were shocked to learn that the assets were never moved before Lehman filed for bankruptcy. As a result, Newport's assets were frozen in the wake of the $8 billion transfer. In court papers, Newport says "If these assets are not located and recovered immediately, there is the very real specter of serious and irreparable harm to not only the funds, but also to their respective investors."

IMF reform
As the lender of last resort for distressed central banks, International Monetary Fund (IMF) loans are denominated in dollars. The US contributes only 18% in funding but commands the deciding vote over the remaining 82% contribution by all other member governments.

The present focus on the reform of the International Monetary Fund (IMF) is pinned on the hope that the world's lender of last resort can contribute substantially to a recovery in 2010 from the greatest economic crisis in a century. The IMF, headquartered in Washington DC, is an international organization created in July 1944 during the United Nations Monetary and Financial Conference at Bretton Woods, New Hampshire. It is charged with the responsibility of overseeing the global financial system by monitoring those aspects of macro-economic policies of its 185 member states that have an impact on exchange rates and balances of payments. In theory, it has been designed as an organization to stabilize international exchange rates and to facilitate the balance of payments shortfalls of member states as an international lender of last resort.

The performance of the IMF during the 1997 Asian financial crisis has since been broadly and critically condemned as having unnecessarily exacerbated the pain for and damage to the affected economies, with its imposition of dilapidating "conditonalities" on debtor nations, such as privatizing industries and slashing government spending. (See Crippling debt and bankrupt solutions, Asia Times Online, September 28, 2002). In 2008, faced with a shortfall in revenue itself, the IMF executive board agreed to sell part of its gold reserves and to curb operating expenses.

The IMF now hopes to at least double its lendable resources from $50 billion to more than $500 billion so that it is ready to help out and provide confidence that economies will have access to funds during the crisis. Japan has provided $100 billion in extra money and the European Union has committed 75 billion euros (US$99 billion). Emerging economies such as the BRIC nations, Brazil, Russia, India and China, are expected to provide the bulk of the remaining funds.

IMF plans to sweeten a $100 billion lending program announced in October that failed to attract any borrower. The new program of less-restrictive loans is designed to boost the fund's impaired standing as an authority in containing the global meltdown and to assuage member-nation concerns about borrowing from a lender often seen as heavy-handed and intrusive in internal national policies to protect transnational lenders. IMF loan conditionality is being adjusted so that economic structural reforms agreed with a country will be monitored in a broad context. The change is also applicable to low-income countries.

If successful, the new IMF program could help many distressed economies weather the global economic downturn. If not, global recovery will be delayed and the IMF will become less relevant.

Lending reforms will be followed by further changes to country representation at the fund, with emerging markets and low-income countries being given a bigger voice. The April 2 G-20 summit in London is expected to bring forward the process of reform of the quota systems that determines country representation.

Together, the G-20 represents around 90% of global gross national product, 80% of world trade (including trade within the European Union), as well as two-thirds of the world's population. It comprises 19 countries: Argentina, Australia, Brazil, Canada, China, France, Germany, India, Indonesia, Italy, Japan, Mexico, Russia, Saudi Arabia, South Africa, South Korea, Turkey, the UK, and the United States, plus the European Union, represented by the rotating European Council presidency, and the European Central Bank. The managing director of the International Monetary Fund and the president of the World Bank, plus the chairs of the International Monetary and Financial Committee and Development Committee of the IMF and World Bank, also participate.

Despite major stimulus packages announced by advanced economies and several emerging markets, trade volumes have shrunk rapidly, while production and employment data suggest that global activity continues to contract in the first quarter of 2009.

Global activity is now projected to contract by 0.5 to 1% in 2009 on an annual average basis - the first such fall in 60 years. Global growth is still forecast by the IMF to stage a modest recovery next year, conditional on comprehensive policy steps to stabilize financial conditions, sizeable fiscal support, a gradual improvement in credit conditions, a bottoming of the US housing market, and the cushioning effect from sharply lower oil and other major commodity prices. Such institutional optimism is not shared broadly.

Obama has no plans for monetary reform
Most importantly, in the US, the world's largest economy, Obama has yet to put forward any plans for monetary reform, let alone a new international finance architecture, while FDR's monetary reform was the centerpiece of the New Deal, albeit it was a distant echo of 19th century agrarian insurgency against the gold standard.

Since the 1997 Asian financial crisis, there have been vague talks in the Federal Reserve and the US Treasury about the need for reform of the existing international finance architecture that is generally accepted as a fundamental cause of the current and previous financial crises, but the official Obama strategy appears to be that the teetering banking system must be stabilized before any fundamental monetary reform can be entertained. The question is left begging whether the critically impaired global banking system can be stabilized without fundamental reform of the international financial architecture which had been the cause the crisis to begin with.

Roosevelt's Executive Order 6102 proclaimed on January 31, 1934, a $35-per-fine-troy-ounce dollar parity to replace the traditional gold standard parity of $20.67 per fine ounce (1,504.63 fine milligrams, with 25.8 grains 0.9 fine). To sustain the devaluation of the dollar, FDR suspended the rights of US citizens to own gold, requiring all to turn in their gold holdings to the government for payment at $20.67 per ounce. Individuals were permitted to hold up to $100 in gold coins.

Executive Order 6120, deriving its authority from the 1917 Trading with the Enemy Act, which gave the president the power to forbid people from "hoarding gold" during a time of war, also forbade all private contracts to be denominated in gold. Though the US was not at war in 1934, FDR claimed that the economic crisis was creating emergency conditions equivalent to war.

Normally, Executive Order 6120 would have been opposed by an outraged freedom-loving American public as the constitution stipulates that the executive branch is vested only with the authority to execute laws and policies enacted by the people's representatives in Congress. Even the Progressives had never dared move so far as to allow the executive branch to make laws unconstitutionally and to impose such unconstitutional laws on the people without their consent.

However, by 1933, the US judiciary branch had upheld government restrictions on freedom of speech and other civil liberties during World War I and Congress had surrendered many lawmaking powers to the executive branch, a trend that has continued today to the extend that the president can now routinely launch limited foreign wars without having first asked Congress to declare war. Historians refer to this development as a move toward an imperial presidency.

Most Americans by 1934 had been put in a situation of viewing economic and political freedom as having been captured by the moneyed interests at the expense of the common people for whom freedom had come to mean only freedom to be unemployed and left starving. The people were willing to give the president whatever he wanted to save them from oppression by the moneyed class and to restructure market capitalism as a more fair and equitable system.

The US gold-based monetary system at the time of the Great Depression would not permit the debasement of money caused by increases in the money supply as a convenient solution to price deflation which could cause and did cause widespread destruction of wealth and massive unemployment.

If market participants sensed that too many dollars were being issued by central bank quantitative easing or by Treasury borrowing beyond anticipated revenue, they could protect their wealth by redeeming dollars for gold from the government as a legal right and at a rate committed to by government, draining the government's gold holdings below the accepted gold standard level of a 40% gold backing for the money supply.

More money supply required more government holdings of gold to maintain the gold parity. New Deal principles of temporary deficit financing would be hampered by the rules of the gold standard because the government gold holdings could not be increased easily and certainly not by money devaluation, as more money would be required to buy new gold as money is devalued.

Section 9 of Executive Order 6120 stipulated that anyone who refused to comply could be fined up to $10,000 ($1,533,653 in 2007 money) or be sentenced to a maximum of 10 years in prison, or both. Foreign governments still could trade in their US dollars for gold, but only at $35 an ounce instead of the gold standard rate of $20.67 per ounce. Since international trade at the time did not generate large foreign holdings of dollars, and the dollar was not the prime reserve currency and other currencies were also backed by gold at various rates, the impact while not insubstantial was still limited.

The Gold Standard Act had been enacted in 1900 for the US under President William McKinley. He had defeated William Jennings Bryan, the brilliant populist orator, a backer of free silver, who had stampeded the Democratic convention with one of the most famous speeches in US political history:
There are two ideas of government. There are those who believe if you just legislate to make the well-to-do prosperous, their prosperity will leak through on those below. The Democratic idea has been that if you legislate to make the masses prosperous, their prosperity will find its way up and through every class that rest upon it ... Having behind us the producing masses of this nation, and the world, supported by the commercial interests, the laboring interests and the toilers everywhere, we will answer their demand for a gold standard by saying to them: You shall not press down upon the brow of labor this crown of thorns, you shall not crucify mankind upon a cross of gold.
For the first time since 1860, the 1900 election turned on a clear issue of major importance between the two political parties. The question of free silver had become symbolic of the conflict between capitalism and agrarianism, between the Hamiltonian concept of a nation dominated by big corporations and the wealthy elite who controlled them, and on the other side, the

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