First stop – Citibank
Sagheer Mufti of Citibank London visited us in the morning to talk about the credit crisis and how it has affected global companies. Mufti commented that global companies have many advantages, but the primary disadvantage is being affected by every world event.
Interestingly, he spoke about a topic that we touched upon during the EBRD visit yesterday – the practice of borrowing in another currency. He described how citizens in countries such as Hungary would borrow in Swiss francs or other currencies because these types of loans carried low interest rates. However, the economic crisis resulted in foreign exchange fluctuations, effectively resulting in an increase of these people’s debt by about 30%.
He then went on to describe a few examples of the crisis and how companies (and states) were over-leveraged. Iceland, for example, was leveraged to 6 times GDP prior to its banking collapse. He spoke about Northern Rock, and how it was a very small company, which is interesting because the government rushed in to save it. A politician named Vince Cable was particularly influential in pushing for government takeover, and is now the Secretary of State for Business, Innovation and Skills, where he has begun lobbying for an increase in the capital gains tax.
The UK is different than the US, however, in that nationalization of banks requires EU approval. European nations also must be granted EU approval to modify interest rates. Therefore, when comparing EU and US response to the financial crisis, it may be said that the EU’s response was slowed due to complexity of the approval process, versus the US response was delayed by the initial thinking/decisions on what to do by the Obama Administration, according to Mufti.
Mufti believes that it will take another year or so to see the outcome of the current crisis, but that the US will be faster to rise out of it (he predicts, by the end of 2010). Culprits in the crisis did include banks, but Mufti was adamant in his claim that “all are liable”. Concentrated risk and governance were violated at large US firms, who claimed ignorance versus taking responsibility for their actions. Ratings agencies were culpable as well, in that they were reactive instead of proactive. And of course, consumers who took on risky mortgages comprise the root of the problem. “We do live in a global village,” Mufti concluded.
Second Stop – The Office of Fair Trading
Bob Chauhan of the OFT delivered a very informative presentation on “State Intervention, Nationalization and Regulation”. Bob took part in developing some of the initial PFI contracts for the UK and was quite candid with us which was much appreciated. First he spoke about the term “too big to fail” and how it does not just apply to banks. Even smaller operations such as the so-called “Christmas Clubs” come into question on this topic. These clubs are essentially small savings accounts that poor people utilize in order to save for Christmas gifts, many of which failed. The question becomes: is it cheaper to intervene in these operations, or just pay unemployment? State aid can also be avoided simply by nationalizing an outfit.
The most powerful incentive for state intervention, he noted, is vengeance. This is when the public becomes so fired up about something that something of an “off with his head” mentality emerges, and everyone develops a strong desire to see the person destroyed. This gives the state clear incentive to appear as though it is doing something about it.
Chauhan also talked about the differences in mentality between the US and UK with regard to taxes vs. user fees. Many UK citizens, once the government buys 80% or so of a bank, feel as though they own it and should not have to pay bank fees or penalties.
Unfortunately I forgot to capture Rule #1 and now it has escaped me, but Rule #2 of the public sector, as described by Chauhan, is to never allow more than 2 administrations. The reason for this is that the first wave are typically very bright and motivated, the next wave tries to implement what the first wave did, and by the third wave typically nobody knows what they are doing and begin to engage in “dogwhistle politics”.
Rule #3 is that when budgets meet policy, budgets ALWAYS win.
PPPs follow an investment-risk-control slope. Step 1: Advice. Let me (the government) advise you (private company) on what you should do. Step 2: Regulation. Why don’t I (the government) lend you (company) some money? Step 3: Ownership. This lending investment has become risky for me (the government) and now I need to take control (nationalize the company).
The results of complete state ownership are the crowding out of competition and the increase of state intervention in the economy. Upon nationalization, all of the company’s debt enters the state balance sheet and employees are subject to public sector pay and pensions. When the state provides debt finance for infrastructure projects, the result is self-establishment of the government in that sector. Operation of the business then becomes a question of commerce versus policy, on matters such as mergers/acquisitions/disposals, payment policies, and lending practices. A shareholder executive is typically appointed in these situations, who is responsible for holding all the government’s shares and acting as an interface between the commercial and political interests, and resolves disputes between the two. One key characteristic of state ownership (as we saw when speaking with KPMG) is that the state more often neglects to account for liabilities prior to nationalizing. Even though a profit can be made, liabilities should still be analyzed (which could eventually negate the profit-making opportunity altogether). An example he gave was the Forensic Service, and questions such as what if missed evidence puts the wrong person in prison – does the government want to assume responsibility for this?
Chauhan, self-described as a “free market fascist”, told us that he does not think anything is too big to fail. The government’s role should be instead to be there to pick up the pieces afterward and protect the people from great harm. The failure by the UK government to define “too big to fail” led to a steep slide down the ownership/control slope.
Regulation, by contrast, is typically viewed as much easier than nationalization. It requires legislation only, not acquisition of assets and debts.
He briefly touched upon the “Green Bank” that the BCC told us a bit about. The Green Bank was officially established yesterday 6/22 with the purpose of investing in green infrastructure projects, and will compete against banks for green infrastructure lending. However, the Green Bank, being a government entity, can raise funds at government rates versus the commercial rate, which will result in competitive distortion.
Third Stop – Transport for London
The Corporate Finance team of TfL gave a presentation on transportation PPPs. First we learned a bit of the background of TfL, which was created by an act of Parliament and is accountable to the mayor of London. TfL covers pretty much everything, except local streets, national rail, and airports. They are in charge of basically everything else, including trams, subways, trains, congestion charging, etc. TfL is financed via a direct, 10 year grant from the central government, as well as from passenger fares. Passenger fares make up about 2/5 of the necessary amount needed to run TfL, the grant comprises another 2/5, and the rest is obtained via borrowing efforts that are capped by the government.
TfL engages (or has engaged) in multiple PFI efforts, including “Prestige” (Oyster cards and ticketing, which was recently nationalized), Power (electricity for the trains), Northern Line (the physical train assets – the East London line was recently nationalized), and Connect (communications). At one point in time TfL had 13 PPP/PFI projects, and has more PFIs on its balance sheet than it does off.
Interestingly, TfL is the only government organization that can borrow, and has its own bond program. The central government does not guarantee the TfL bonds, but the bonds are on the central balance sheet. The mayor makes the decision to increase fares. Last year saw a 5% increase, but a 10-20% increase (which is likely politically inpalpable) is still needed. Charles Doyle and Stephen Dadswell, our facilitators, related that few people in the UK understand the cost of providing transportation, “and frankly expect it to be provided free of charge”. This certainly jives with what the other speakers have been telling us thus far.
Several of the tube lines were reacquired a few years ago from former PPP contracts gone sour. The reasons cited for the need to establish PPPs in the tube in the first place were that the cycle of investment on these projects was too short, and that the projects were not costed to the deadline, resulting in several incremental costs. So, TfL issued three major 30 year contracts, which provided the winners the ability to reprice every 7.5 years under an “extraordinary review”. The result was catastrophic – the contractors requested far too much during these reviews and had to be nationalized.
I asked TfL about fines/penalties and whether they were effective and if they hampered innovation? (As we discussed with the ORR). Their answer was interesting: the human element tends to be much more influential than a logical statistical fine. The “man on the ground” running the trains isn’t going to care that his company will be fined, and the company is only concerned ultimately with losing the contract, because they have what TfL described as a “comfort letter”. In the event that the company is unable to pay, the government “wouldn’t do nothing”, even though it did not outright guarantee payment. There is also a potential moral hazard with fines. The example he gave was with a surgery outpatient hospital – how can a fine be determined with regard to botching a surgery? This gets into pricing out a life which is impossible.
We related how in the US, employers are often able to provide tax-free transportation benefits to employees. TfL seemed to like this suggestion as a way to increase fares without making too many people upset.
That evening, we saw Henry IV performed at Shakespeare’s Globe Theatre.
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