LONDON |
Wed Mar 7, 2012 4:42am EST
(Reuters) - Greece's tortuous debt restructuring and threat of
retroactive laws to compel reluctant creditors heaps regulatory risk
onto investors but may make voluntary sovereign debt revamps more
attractive and likely for other cash-strapped euro sovereigns and their
creditors.
Thursday could mark a climax of
the Greek debt workout with private creditors due to respond to an
offer that would see them effectively write off more than 70 percent of
the face value of their bonds in return for new debt with a series of
sweeteners.
With Greek government bonds currently trading at less than 20 cents in the euro and the risk of a total wipeout if
Greece decided to unilaterally refuse all payments, a majority will likely go for it. Legally-binding majorities are another matter.
Athens
said this week it aims for 90 percent acceptance but if the takeup is
at least 75 percent then it would consider triggering so-called
"collective action clauses" retroactively inserted into the bonds issued
under Greek law -- about 85 percent of the 200 billion euros being
restructured.
Those clauses in practice force all affected creditors to comply.
But
it's this distinction between debt issued under domestic laws and that
sold under internationally-accepted English law that some say has
consequences for other troubled euro nations eyeing Greece's so-called
Private Sector Involvement, or PSI.
A GIFT FROM GREECE
In
essence, English-law Greek bonds, as is the case for many emerging
market sovereigns, trade as if they were senior to local-law debt -- at
almost twice the price in fact right now. That's because the terms of
foreign-law bonds cannot be altered by an Athens parliament, and
agreement for debt swaps is needed bond-by-bond, unlike local laws that
aggregate majorities across all debtors and make blocking minorities
more difficult to muster.
A paper
released this week by Jeromin Zettelmeyer, deputy chief economist at the
European Bank for Reconstruction and Development, and Duke University
Professor Mitu Gulati reckons this legal gulf could well encourage other
debt-hobbled
euro zone countries and their creditors into mutually acceptable and beneficial debt restructurings.
This would involve an agreed switch in the legal status of the debt in return for relatively modest haircuts.
"Holders
of local-law governed bonds in other euro zone countries that are
perceived to be at risk might want to make a trade for English-law
governed bonds," the economists wrote. "Depending on how much these
bondholders would be willing to pay to make this trade, it could serve
the interest of the country as well to make it."
The
sovereign gets a chance to reduce a crippling debt burden while
bondholders get greater contractual protection in any future
restructuring.
Given that the
Greek precedent of retroactive legislation vastly increases the allure
of foreign-law bonds, which credit rating firm Moody's says now make up
less than 10 percent of all euro zone government bonds, a window of
opportunity may open up.
"Effectively,
this is a large gift from the Greeks to the parts of the euro zone that
face debt crises. By conducting its debt exchange in the way it did,
Greece has in effect resurrected the plausibility of purely voluntary
debt-reduction operations in Europe."
Although
Berlin, Paris and Brussels insist the Greek case is a one-off and
European Central Bank liquidity has insulated the wider banking system,
Portugal's 10-year bonds still trade as low as 50 cents in the euro and
many creditors reckon it will be very difficult for the country to avoid
some restructuring.
Even the 10-year debt of fellow bailout recipient
Ireland,
which many investors reckon has the underlying economic capacity to go
back to the markets next year, is still trading at less than 90 cents in
the euro and many doubt its imminent market return.
"We
still expect a sizeable growth undershoot and deficit overshoot and
expect that Ireland will need a second financing package (which may
include PSI) beyond 2013," economists at Citi said on Monday.
What's
more, if Europe's new fiscal pact is rejected by voters in a planned
referendum there in the coming months, Ireland would lose access to the
financial backstop of the European Stability Mechanism and likely
unnerve many investors.
Yet
voluntary debt swaps with some debt relief stemming from more modest
haircuts than Greece may well be the best way to ensure these two
countries avoid outright default and return to private financing in a
reasonable amount of time.
And if
such exchanges were wholly voluntary, it would also mean credit default
swap insurance would not pay out -- a stated aim for many euro
policymakers concerned about the speculative nature of a market where
it's possible to buy insurance on something you don't own.
One danger is that the prospect of countries opting for such a swap may scare creditors in larger countries like
Italy and Spain where currently no bond haircut is expected by the market, thanks in large part to the ECB's liquidity injections.
And
the upshot for many economists is that there will be a longer-term
price to pay for governments for tinkering with the rules of the game,
as many investors view it, via the likes of retroactive bond legislation
and obfuscation of CDS markets.
"Investors
will expect a premium for bearing this regulatory risk," Morgan
Stanley's Manoj Pradhan told clients in a note, adding that only central
bank liquidity floods were now obscuring the resultant higher financing
costs and there would be a dangerous blurring of lines between macro
and market risks.
But given that
indiscriminate cheap lending was seen as at least partly responsible for
the credit binge and bust of the past five years, maybe higher risk
premia are not all bad.
(Editing by Stephen Nisbet)