Tuesday 16 December 2014

The bear in crisis: Russia's rouble plunges another 10% despite dramatic rate hike aimed at saving stricken economy

 
Russia's rouble plunged more than 10 per cent today as confidence in the nation's central bank shattered following an ineffectual overnight rate hike from 10.5 to 17 per cent. 
 
Battered by stringent European Union and United States sanctions imposed following the conflict in Ukraine and tumbling oil prices, the rouble's value has dropped by nearly 50 per cent since January.
 
The sudden depreciation is the most drastic since the Russian financial crisis in 1998 and is pushing inflation to worrying new heights.
 
In a desperate bid to prevent the collapse of the currency and boost its economy, Russia hiked its benchmark rate last night to 17 per cent.

As a result, the rouble opened this morning approximately 10 per cent stronger against the dollar - but it soon fell to new record lows, pushing losses this year against the dollar to more than 50 per cent.
 
Russia's currency was last down over 11 per cent at 73 to the dollar after falling past 74 roubles per dollar for the first time. It was more than 15 per cent weaker against the euro at 92.99.

At one point, Russia's dollar-demoninated RTS share index fell nearly 15 per cent, as Russian sovereign dollar bonds fell and money market rates jumped. President Putin has blamed both the slide in oil and the rouble on the West and speculators. 
 
The rouble's fall also reflects falling confidence in the central bank, whose governor Elvira Nabiullina now appears powerless to stop the currency's slide.
 
So far this year, the central bank has spent over $80billion defending the rouble, including more than $8billion since it floated the rouble last month. Russia's reserves are currently in the range of $416billion. 
 
Tumbling oil prices and Western sanctions imposed on Russia for its role in the Ukraine crisis have been key forces behind the rouble's demise. 
 
The price of Brent crude oil fell by more than a dollar on Monday to below $60 for the first time since July 2009. This is likely to have an impact on Russia's oil-dependent economy, which the central bank says will probably contract early next year.  Russian authorities had been banking on oil prices of $100 per barrel in 2015, but are now forecasting a recession if prices remain at current levels.
 
The sanction effect 
EU and US sanctions imposed on Russia in the wake of the crisis in Ukraine means Russian banks and financial institutions are currently frozen out of western capital markets. 
 
One of the sanctions imposed prevents EU nationals and companies from providing loans to five major Russian state-owned banks. Another prohibits services - like brokering - related to the issuing of certain financial instruments.
 
The sanctions have also had an impact on firms with operations and employees in Russia. Some global law-firms for example have suffered significant headcount drops as Russian-based banking work continues to dry up.
 
Even Downing Street has waded into the issue, saying that international sanctions against Russia over its destabilisation of Ukraine have left it more vulnerable to economic shocks such as the current slump in oil prices.
 
The ongoing sanctions will be discussed by EU leaders including David Cameron at a summit of the European Council in Brussels on Thursday.
 
Asked for David Cameron's assessment of the situation in Russia, his spokesman said: 'What he would say is that it is not unreasonable to look at this in terms of the fact that Russia has made itself more vulnerable to economic shocks that major oil producers may face as a result of the fluctuations in the oil price, as a result of the relative isolation through sanctions that it has faced due to events in Ukraine'.

David Cameron's spokesman rejected any suggestion that the sanctions could be scaled back in response to Russia's economic woes. The spokesman told reporters: 'That requires de-escalation in the Ukraine.
 
'We have been clear that if Russia continues not to take the path of de-escalation, it will continue to face consequences. These have primarily been through sanctions, which have had an economic focus'. 
 
 

 
 

Tuesday 5 August 2014

Uber is 'excessively bumptious', according to Boris


London’s Mayor, Boris Johnson, has criticised San-Francisco based transport network company, Uber, for being 'excessively bumptious'. On LBC radio today, the Mayor stated that he disliked the manner in which Uber is ‘moving into London and claiming they could take all the business away from black cabs’. According to the Mayor, the main problem with Uber is that it is ‘using mobile phones as what is effectively a taxi metre’.

The Mayor's comments came as he answered a question regarding a letter sent to him on 4 August by Barking and Dagenham MP, Margaret Hodge, alleging that Uber is 'competing unfairly' with London's black cabs. In the letter, Ms Hodge wrote, 'I am particularly concerned about the tax structure that Uber and others have apparently constructed, and the impact this has both on the public purse and on the livelihoods of London cabbies and private hire drivers'.

In response to the listener's query, the Mayor said that he believed Uber had satisfactorily dealt with issues surrounding their tax status, saying, 'as far as I know they've sorted that out'. However, Mr Johnson added, 'If I may say respectfully...and to all the taxi drivers who rage against Uber, you have my sympathy, but in the end there has been no more brilliant advocate of the services of Uber, no more powerful advertisers of that particular brand than the black cab trade'.

Uber is one of a number of apps people can use to book and pay for taxi journeys. Launched in 2009 and currently in operation in more than 70 cities, the app 'seamlessly' connects riders to drivers, according to the company's website.

Protests against Uber have taken place in cities across Europe, including in Paris this January and London in June. Following the London protest, Uber reported a colossal 850% rise in the number of people who had downloaded the company's app compared to the previous week.




Monday 28 July 2014

Court orders Russia to pay $50 billion to Yukos shareholders


The Hague’s Court of Arbitration (the ‘Court’) has ruled that Russia must pay former shareholders of the now defunct Russian oil company, Yukos, $50 billion (£25.9 billion). The $50 billion award is the largest ever handed down by any arbitration court.

The Court found that Russian officials, under Vladimir Putin, had manipulated the legal system in order to force Yukos into bankruptcy and imprison its boss, Mikhail Khodorkovsky.

Created by the Russian Federation in 1993 as part of a large-scale re-organization of the Soviet oil production and processing industry, Yukos was once one of the largest and most successful oil companies in the world. In May 2002, Yukos was the only Russian company to be ranked among the top 10 largest oil and gas companies by market capitalisation worldwide.

In 2003, however, Russian authorities began the process of breaking up and selling off Yukos.On 11 July 2003, the first of a series of large-scale raids was carried out by Russian authorities on Yukos. Bruce Misamore, Yukos’ then Chief Financial Officer, described the raid as ‘an incredible scene full of armed, masked officers – during which they trawled through our computer records for approximately 17 hours. This was to begin a wave of raids on Yukos’ Moscow headquarters…by investigative officers…sometimes accompanied by heavily armed police officers’.

Subsequently, on 25 July 2003, Mr Khodorkovsky, Yukos’ owner and Russia’s richest man at the time, was arrested at gunpoint by an armed special forces unit in a Siberian airport, and was taken to Moscow where he was charged and sentenced for a number of economic crimes, including fraud, tax evasion and embezzlement. President Putin justified the move by saying, ‘A thief must be in jail’.

In December 2003, following a tax re-audit conducted by Russian tax authorities, Yukos was issued with tax claims that exceeded its revenues for 2002 and 2003. At the same time that tax re-assessments were being filed against Yukos and its subsidiaries, Russian authorities also began freezing shares and other assets belonging to Yukos and related entities. 

Eventually, in March 2006 bankruptcy proceedings were commenced against Yukos, placing it under external supervision, and on 4 August 2006, the company was declared bankrupt. 

After being imprisoned for 10 years, Mr Khodorkovsky received a pardon from President Putin and was released from jail on 20 December 2013. Responding to the Court’s final award, Mr Khordorkovsky said it was ‘fantastic’ that shareholders were ‘being given [the] chance to recover assets’.

The arbitral dispute between former Yukos shareholders and Russian authorities has rumbled on for over a decade, but the Court’s ruling appears unlikely to mark the end of the matter. Russia’s Foreign Minister, Sergei Lavrov, has suggested that Russia could appeal against the decision. Mr Lavrov said, ‘The Russian side, those agencies which represent Russia in this process, will no doubt use all available legal possibilities to defend its position’.

However, one of Yukos’ lawyers, Professor Emmanuel Gaillard, said there would be no opportunity for Russia to contest the decision. Professor Gaillard stated, ‘As to appeal, there is no appeal…The tribunal has listened to both parties…the Russian Federation had ample opportunity to be heard in this case, the judgement is there. After 10 years of battle, the tribunal says they violated international law’.

The compensation awarded to Yukos' former shareholders is half of the original $103 billion claim by subsidiaries of Gibraltar-based Group Menatep, which previously controlled Yukos. Group Menatep now exists as holding company, GML. GML director, Tim Osborne, said, 'We couldn't be happier with this result'. 

Russia, which potentially faces tough new economic sanctions from Europe following the downing of Malaysian Airlines flight MH17, has until January 2015 to pay the compensation and will be charged interest on any late payments. 

Wednesday 23 July 2014

RBS accused of being ‘wilfully obtuse’


Conservative MP, Andrew Tyrie, has criticised state-backed bank RBS for giving 'wilfully obtuse' evidence to the Treasury Select Committee earlier this year. The Treasury Select Committee is investigating whether RBS' corporate turnaround division, the Global Restructuring Group ('GRG'), put viable businesses into default in order to boost profits.

In June 2014, Chris Sullivan, deputy chief executive of RBS, and Derek Sach, head of the bank's GRG, denied claims made in a report (the 'RBS Independent Lending Review', 25 November 2013) by former deputy Bank of England governor, Sir Andrew Large, that GRG is a 'profit centre'. Sullivan repeatedly told the Treasury Select Committee in June that the description of GRG as a 'profit centre' was 'totally inappropriate'.

Now, however, in a letter to Tyrie dated 14 July 2014, Sullivan concedes that GRG is a profit centre, but says that in the June 2014 session, he was actually taking issue with the way some had used the term to suggest that GRG 'had a profit motive with a prejudice against our customers'. Sullivan also wrote, 'I need to correct the statement I made to the committee that I did not see a draft of the report, as on further checking with my office I can confirm I was in receipt of a copy during this period and made some comments of a typographical nature'. 

In response to the letter form Sullivan, Tyrie has said that he is going to write to RBS chairman, Sir Philip Hampton, to complain about the evidence given by Sullivan and Sach in June. The Treasury Select Committee will also write a report on its findings this summer. In a statement, Tyrie said that Sullivan's letter represented 'a belated U-turn. It's not as if the facts have changed'. Tyrie continued, 'If this is how RBS deals with a parliamentary Committee, how much can customers and regulators rely on it to be straightforward with them?'. 

RBS' Global Restructuring Group unit manages global corporate clients who find themselves in financial distress and have missed or are in danger of missing debt repayments. It is meant to work with companies to help them return to financial health.  

Friday 4 July 2014

Amazon's corporate tax affairs in Luxembourg come under EU scrutiny


According to a report by the Financial Times published yesterday, the EU’s Competition Commission has asked Luxembourg to hand over documents relating to US online retailer Amazon’s corporate tax affairs in the country. The request for information will establish whether or not the company’s tax affairs through Luxembourg comply with applicable state aid regulations. The outcome of the fact-finding mission could ultimately lead to a full investigation being carried out.

An EU official told the Financial Times that, ‘We are looking into what kind of arrangement Luxembourg has with Amazon’. If the Competition Commission unearths evidence of unlawful operations between Luxembourg and Amazon, it will have the discretion to order the repayment of all tax revenues that have been lost as a result of the arrangement.

Within the UK, Amazon faced a torrent of criticism earlier this year when accounts revealed that in 2013 the company paid just £4.2 million in tax to the UK Treasury, despite achieving record sales of £4.3 billion.  At the time, a representative from Amazon stated, ‘The company pays all applicable taxes in every jurisdiction that it operates within’. Prior to this, in November 2012, Amazon, Google and Starbucks were quizzed by the UK Public Accounts Select Committee over their controversial tax arrangements and were branded ‘immoral’ by the MPs questioning them. In 2011, Amazon had made over £3.3 billion in sales across the UK, but paid no corporation tax and in over 14 years of trading in the UK, Starbucks had paid just £8.6 million in corporation tax.


The request for information marks another step in a broader EU crackdown against large multi-nationals channelling money via ‘tax-havens’ and concluding ‘sweetheart’ deals with certain countries. Last month, the EU launched investigations into Apple, Starbucks and Fiat to establish whether the deals they had struck with authorities in Ireland, the Netherlands and Luxembourg breach state aid rules. 

Tuesday 1 July 2014

BNP Paribas fined £5.2 billion for breaching trade sanctions


France’s biggest bank, BNP Paribas, has been fined £5.2 billion ($8.97 billion) for breaching US trade sanctions against Cuba, Iran and Sudan between 2004 and 2012. It is also being prevented from clearing certain transactions in US dollars for one year from the beginning of 2015. BNP Paribas agreed to pay the fine to settle the charges against them after months of negotiations with US authorities. The fine is the largest for such a case in US history.

Previously, the largest fine levied against a bank by US regulators for sanctions violations was $1.9 billion paid by HSBC in 2012.

US Attorney-General, Eric Holder, stated at a press conference that BNP Paribas had gone to ‘elaborate lengths to conceal prohibited transactions, cover its tracks and deceive US authorities’. According to Mr Holder, the bank ‘deliberately and repeatedly violated longstanding US sanctions’.

Jean-Laurent Bonnafe, CEO of BNP Paribas, said, ‘We deeply regret the past misconduct that led to this settlement. The failures that have come to light in the course of this investigation run contrary to the principles on which BNP Paribas has always sought to operate. We have announced today a comprehensive plan to strengthen our internal controls and processes…Having this matter resolved is an important step forward for us. Apart from the impact of the fine, BNP Paribas will once again post solid results this quarter and we want to thank our clients, employees, shareholders and investors for their support throughout this difficult time’.

France’s banking supervisory authority, APCR, said in a statement that it had previously examined the liquidity and solvency of the bank and found it to be ‘quite solid’ and able to ‘absorb the anticipated consequences’.

Following the US authorities’ fine, Swiss regulator, FINMA, has announced that it has now closed its investigation into the activities of BNP Paribas. In a statement released in January 2014, FINMA said it believed that the bank had ‘persistently and seriously violated its duty to identify, limit and monitor the inherent risks, subsequently breaching supervisory provisions’.


Thursday 26 June 2014

Wonga to pay £2.6 million compensation for fake legal letters


The Financial Conduct Authority ('FCA') has ordered the UK’s biggest payday lending company, Wonga, to pay £2.6 million in compensation to consumers over misleading debt practices. Between October 2008 and November 2010, Wonga sent out letters to 44,556 customers claiming to be from law firms ‘Barker & Lowe’ and ‘Chainey, D’Amato & Shannon’. All the letters had in fact been sent by Wonga and the law firms named on the letterheads did not exist. The letters misled customers into thinking that their outstanding debts had been passed on to a law firm or other third party. In a statement from Wonga released yesterday, the company admits that the letters contained the ‘threat of adverse consequences if the debts were not repaid quickly. Charges were added to some customer accounts as a result of this practice’. The poor practice was initially uncovered by the former consumer credit regulator, the Office of Fair Trading and was picked up by the FCA in April this year after it become responsible for regulating the consumer credit industry.
The FCA’s director of supervision, Clive Adamson, said today, ‘Wonga’s misconduct was very serious because it had the effect of exacerbating an already difficult situation for circumstances in arrears. We are pleased that Wonga has been working with us to put matters right for its customers and to ensure that these historical practices are truly a thing of the past’.

Consumer group Which? has also responded to yesterday’s announcements. Richard Lloyd, Which? executive director stated, ‘It’s right the Financial Conduct Authority is taking a tougher line on irresponsible lending and it doesn’t get much more irresponsible than this. It’s a shocking new low for the payday industry that is already dogged by bad practice and Wonga deserves to have the book thrown at it. The FCA must now also clamp down on excessive fees and charges, starting with default fees charged by some payday lenders, to show it is serious about getting a fairer deal for borrowers’.

Tim Weller, Wonga’s interim boss, said, ‘We would like to apologise unreservedly to anyone affected by the historical debt collection activity and for any distress caused as a result. The practice was unacceptable and we voluntarily ceased it nearly four years ago’.
 
Wonga is due to start compensating customers from the end of July, including a flat rate £50 settlement to all who received the letters for the distress and inconvenience caused and a refund of charges associated with sending the letters.