United Nations
A/55/422
General Assembly
Distr.: General
26 September 2000
Original: English
00-65930 (E) 161000
`````````
Fifty-fifth session
Agenda item 92 (c)
Macroeconomic policy questions: external debt crisis and development
Recent developments in the debt situation of
developing countries
Report of the Secretary-General*
Contents
Paragraphs
Page
I. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
2
II. International debt problems and strategies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
668
3
A. The Heavily Indebted Poor Countries (HIPC) Initiative . . . . . . . . . . . . . . . . . .
929
3
B. Non-HIPC debtors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3034
8
C. Recent conditions in markets for commercial debt . . . . . . . . . . . . . . . . . . . . . .
3538
9
D. Recent debt restructuring agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3943
10
E. Financial crises and debt in emerging markets . . . . . . . . . . . . . . . . . . . . . . . . . .
4457
11
F.
Issues in commercial debt work-outs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5868
14
III. International policy conclusions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6978
16
* This report was submitted on 26 September 2000 so that the updated information required for a
commentary on the latest developments could be included in this comprehensive and substantive
analysis of the external debt and debt-servicing problems of the developing countries.
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A/55/422
I. Introduction
1.
In its resolution 54/202 of 22 December 1999, the
General Assembly, reaffirming the urgent need for
further implementation of existing mechanisms for the
treatment of the external debt and debt-servicing
problems of developing countries in order to help them
exit from the rescheduling process and unsustainable
debt burdens, addressed the possibilities of enhancing
international cooperation regarding a durable solution
to these problems. The Assembly requested the
Secretary-General to report to its fifty-fifth session on
the implementation of that resolution and to include in
his report a comprehensive and substantive analysis of
the external debt and debt-servicing problems of the
developing countries. The present report has been
prepared in response to that request.
2.
An analysis of key debt indicators1 shows that
external debt and debt-servicing problems are most
severe and persistent in the heavily indebted poor
countries (HIPCs), the target group of the HIPC
Initiative. However, a number of other developing
countries and countries in transition are also in a
vulnerable position. Although growth in these countries
started to recover after the 1997-1998 global financial
crisis, debt restructuring problems linger and countries
remain exposed to adverse developments in commodity
prices, interest rates, exchange rates and private capital
flows. A few of them have found it necessary to
reschedule their external obligations. Moreover, the
debt-servicing capacity of some countries continues to
be affected by war and natural disasters.
3.
Various strategies have been adopted to tackle the
debt problems of these countries. In this respect, the
attention of the international community has over the
recent past largely focused on the HIPC Initiative; but
progress has been much slower than expected and the
initiative is suffering from problems of underfunding,
excessive conditionality, restrictions over eligibility,
inadequate debt relief and cumbersome procedures.
Steps have been taken to speed up the HIPC process
and there is now a commitment to doubling the number
of countries for which debt reduction is agreed from 10
in September 2000 to 20 by December 2000. While
such an acceleration is welcome, the current approach
is not likely to succeed in removing the debt overhang
of the worlds poorest countries. For this purpose (as
discussed further in sect. III) one approach, while the
existing processes are under way, would be to establish
an independent panel of experts that would assess or
reassess debt sustainability, eligibility for debt
reduction, the amount of debt reduction needed,
conditionality and financing (including the provision of
necessary
funds
for
the
multilateral
financial
institutions affected) for all HIPC countries including
those that have already benefited and those that are set
to benefit from debt reduction in the coming months
under the existing initiative. The latter two groups
should benefit from additional debt relief if the panel
determines that the debt reduction provided under the
HIPC Initiative is inadequate. The design of the
modalities for such an approach could be expected to
draw on experience of domestic insolvency procedures
in major industrialized countries as well as that of
insolvency procedures in private international law. The
approach should not be limited to HIPCs but should
incorporate a broader spectrum of countries in need of
special measures to overcome their official debt
problems. Simultaneously there should be agreement
on the suspension of debt-service payments by all
HIPCs, with no additional consequent interest
obligations being incurred, until the panel had made its
recommendations and agreement had been reached on
the reduction of their debts. This suspension could also
be extended to non-HIPC countries declared eligible
for relief by the panel during the period required for
eventual agreement on debt reduction in their case.
4.
Similarly, despite the proliferation of meetings
and multiplications of groups and forums discussing
the reform of the international financial architecture
since the outbreak of the recent bouts of financial
crises
in
emerging
markets,
the
international
community has not been able to address the concerns
of developing countries concerning the contents of
such reform, particularly with respect to orderly and
equitable work-outs for commercial debt and provision
of adequate international liquidity under appropriate
terms and conditions to countries facing serious debt-
servicing difficulties. Rapid progress needs to be made
in these areas in order to ensure that closer integration
of developing countries and economies in transition
into the global financial system does not undermine
their stability, growth and development.
5.
This report takes up these issues. It will first give
a brief review of the progress made in HIPC Initiative
implementation and make an assessment of its
shortcomings. The report will then turn to non-HIPC
debtors, discussing their problems with respect to both
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A/55/422
official and commercial debt. This is followed by a
discussion of debt problems in emerging markets that
have experienced serious financial difficulties in recent
years, and of outstanding issues in commercial debt
work-outs. The report will end with some proposals for
reform of the international approach towards the debt
problems of developing countries and economies in
transition.
II. International debt problems and
strategies
6.
Total outstanding debt of developing countries
and countries in transition showed little change in
1999. The total debt of these countries at the end of
1999 is estimated at $2,554 billion after a small
increase over the end-1998 level (see table). Long-term
debt increased by $40 billion, while short-term debt
fell slightly and represented 16 per cent of total debt at
end-1999. The debt service ratio remained broadly
unchanged in 1999 at about 18-19 per cent. The ratio of
total outstanding debt to exports fell to 137 per cent;
and that of debt to gross national product (GNP)
decreased slightly to below 42 per cent. Short-term
debt corresponded to 53 per cent of the stock of foreign
exchange reserves as compared with 59 per cent at the
end of 1998 and with over 70 per cent at end-1997.
7.
The distribution of debt among different regions
remained the same in 1999 as in 1998. East and South
Asia accounted for 33 per cent of the total, Latin
America for 31 per cent, and Europe and Central Asia
for 19 per cent, while sub-Saharan Africas share was 9
per cent and that of the Middle East and North Africa 8
per cent. Latin America has the highest ratio of debt
service to exports, about 35 per cent, while the highest
debt-to-exports ratio, 225 per cent, is recorded by sub-
Saharan Africa.
8.
Despite the slowdown of growth of the external
indebtedness of the developing countries and countries
in transition, debt and debt-servicing problems persist
in a number of these countries. The problems of the
HIPCs, which are structurally rooted, are far from
being resolved, while other poor countries have also
been affected by the recent financial and economic
crises in emerging markets and some of them have
encountered payments problems as a result. Many of
the emerging markets that have experienced financial
instability and crisis in recent years are suffering from
domestic as well as external debt difficulties that
threaten the sustainability of their recovery.
A. The Heavily Indebted Poor Countries
(HIPC) Initiative
1. Progress in design and implementation and
other recent policy developments
9.
The HIPCs in general are characterized by
extreme poverty, poor social development indicators
and human resources, poorly diversified economies, a
high concentration of export earnings in a few primary
commodities, and dependence on official aid as well as
high debt overhang. The last-mentioned is reflected in
high levels of debt in relation to national income, high
ratios of debt service to exports, large payments
arrears, and high ratios of debt service to government
revenue. By the end of 1999, little assistance had been
delivered under the HIPC Initiative, with only a
negligible impact on the aggregate debt stocks and
indicators of the HIPCs. According to recent available
estimates,2 the HIPCs total outstanding external debt
increased by some $4.5 billion in 1999 to a level of
$219 billion, and in this year the ratio of debt to
exports amounted to 389 per cent, more than twice that
for developing countries as a whole and considerably
above that of sub-Saharan Africa (including the
regions HIPCs). There are currently 41 countries on
the list of HIPCs.3 Thirty-three of them are in sub-
Saharan Africa, and 30 are classified as least developed
countries.
10.
Following the Cologne Summit in June 1999, a
number of specific modifications to the HIPC Initiative
aiming to provide deeper, broader and faster debt
relief were endorsed at the International Monetary
Fund (IMF) and World Bank Annual Meetings in
September 1999.4 Deeper and broader relief is expected
to be achieved through a lowering of debt sustainability
targets,5 resulting in an increase in the number of
countries to become eligible for HIPC assistance. The
new scheme retains the basic framework of a two-stage
process requiring an established track record of policy
implementation before the delivery of relief. As before,
the decision point when a countrys eligibility for
HIPC relief is assessed is normally reached after
three years of satisfactory performance under IMF- and
World
Bank-supported
adjustment
programmes.
Another feature of the new scheme is the provision of
additional interim assistance for eligible countries,
External debt of developing countries and countries in transition
(Billions of United States dollars)
All developing
countries
Sub-Saharan Africa
Middle East and
North Africa
Latin America and the
Caribbean
East Asia and the
Pacific
South Asia
Europe and Central
Asia
1998
1999
1998
1999
1998
1999
1998
1999
1998
1999
1998
1999
1998
1999
Total debt stocks
2 536.0 2 554.0
230.1
231.1
208.1
214.2
786.0
792.7
667.5
659.4
163.8
170.7
480.5
485.9
Long-term debt
2 030.3 2 070.7
180.3
179.1
164.1
169.4
640.5
649.0
517.1
530.6
154.2
159.9
374.2
382.8
Public and
publicly
guaranteed
1 529.2 1 580.1
171.1
169.4
159.6
161.4
424.2
440.6
337.7
365.0
143.1
147.2
293.5
296.6
Private non-
guaranteed
501.1
490.6
9.1
9.7
4.5
8.0
216.3
208.4
179.4
165.6
11.1
12.7
80.8
86.2
Short-term debt
411.9
402.3
42.5
44.7
41.0
41.8
123.5
122.6
119.1
106.1
7.2
8.5
78.6
78.6
Arrears
128.0
..
63.2
..
12.1
..
11.9
..
17.1
..
0.8
..
22.9
..
Interest arrears
36.2
40.7
20.2
20.4
2.4
2.4
3.6
3.6
2.0
2.0
0.3
0.3
7.7
12.0
Principal
arrears
91.8
..
43.0
..
9.7
..
8.3
..
15.1
..
0.5
..
15.3
..
Debt service paid
316.1
349.4
14.1
15.2
22.6
21.1
125.3
140.6
84.8
103.5
16.4
15.2
52.9
53.7
Debt indicators
(percentage)
Debt service/
Exports of
goods and
services
18.5
18.7
14.7
14.8
14.3
11.0
33.6
34.5
13.3
14.8
18.9
14.5
14.7
14.8
Total debt/
Exports of
goods and
services
148.0
136.6
238.7
225.1
131.2
111.3
210.5
194.6
104.9
94.4
189.2
162.5
133.7
133.7
Total debt/
GNP
42.2
41.5
72.2
75.8
35.8
44.2
40.9
46.2
40.2
34.8
29.1
28.2
49.0
42.2
Short-term/
reserves
58.9
53.1
139.9
135.5
62.4
60.1
74.7
74.7
40.0
30.9
19.2
21.3
76.3
72.8
Source: World Bank, Global Development Finance 2000 (Washington, D.C., 2000).
Note: Two dots (..) mean data unavailable.
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including relief from IMF and the World Bank as well
as more concessional restructuring of debts provided
within the Paris Club framework under Cologne terms
(90 per cent or higher debt reduction in present value
terms as compared with 80 per cent under previously
applied Lyon terms). The second stage of the process
leads to the completion point and full delivery of
HIPC assistance from participating creditors. While
under the initial framework another three-year period
of satisfactory policy implementation was in principle
required, there is now the possibility of shortening the
second stage of the HIPC process if the debtor country
meets ambitious policy targets early on. Introduction of
this floating completion point allows Governments to
set their own pace of implementation of reforms.
11.
A main innovation under the enhanced HIPC
framework is the explicit link to poverty reduction.
HIPCs are now required to present Poverty Reduction
Strategy Papers (PRSPs) as part of the debt-relief
process. A country aspiring to assistance under the
initiative would normally be expected to have in place
a comprehensive and participatory poverty reduction
strategy before the decision point. In practice, interim
strategies have served as a basis for the decision points
for most countries now being processed under the new
framework. Finalization of the PRSPs and satisfactory
initial progress in implementation are expected from
countries before delivery of relief at the completion
point; early experience indicates that reaching this
point may take one or two years. This link to poverty
alleviation and the need to reach agreement on PRSPs
through processes involving participation of the civil
society render the HIPC process even more complex
than before.
12.
Up to the end of July 2000, nine countries had
reached their decision points under the enhanced
scheme. Bolivia, Mauritania and Uganda were declared
eligible for additional relief in February 2000,
Mozambique and the United Republic of Tanzania
followed in April 2000, Senegal in June 2000 and
Benin, Burkina Faso and Honduras in July 2000.6 In
all, these nine countries are estimated to receive more
than $15 billion in nominal terms in additional debt
relief, representing an average reduction in the present
value (PV) of debt stocks of close to 45 per cent on top
of traditional relief mechanisms. The objective is to
have 20 HIPCs reach their respective decision points
under the new framework by the end of 2000.7
13.
Uganda became the first HIPC country to achieve
the completion point under the enhanced HIPC
Initiative in early May 2000. Bolivia was expected to
reach this point during the second half of 2000, to be
followed by Benin, Burkina Faso, Mozambique,
Senegal and the United Republic of Tanzania in 2001,
and Honduras and Mauritania in 2002. In these first
cases
under
the
enhanced
framework
(six
reassessments taking into account the revised debt
sustainability targets and three new cases), the
countries have to a large extent been able to draw on
pre-existing national poverty action plans and
strategies for the preparation of the PRSPs that are to
be presented to the Bretton Woods institutions.
14.
There was no new Paris Club agreement
concluded during the period from August 1999 through
February 2000, while the modalities for implementing
the enhanced HIPC framework were being put in place.
In March 2000, Mauritania became the first country to
benefit from Cologne terms under a Paris Club
agreement, followed by the United Republic of
Tanzania in April 2000. Both these countries obtained
flow reschedulings, with notably all creditors providing
debt reduction, that is to say, outright cancellation of
payments due during the consolidation period. In
addition, Sao Tome and Principe in May 2000
negotiated its first-ever Paris Club agreement, a flow
rescheduling on Naples terms in support of the
countrys new Poverty Reduction and Growth Facility
(PRGF) arrangement with IMF. In order to assist
Mozambique in dealing with the emergency situation
created by devastating floods, the Paris Club in March
2000 decided to defer all payments due until the
country will have reached its completion point
(scheduled for mid-2001) and arrangements for debt
cancellation at that time will have been made. Similar
arrangements for a one-year deferral of debt service
due by Mozambique have been made by IMF and the
World Bank.
15.
An important development in late 1999 and early
2000 has been the commitment by an increasing
number of creditor countries to granting even deeper
debt relief than under the Cologne terms. In this regard,
a breakthrough made towards full cancellation of
(bilateral) claims was the pledge by the President of the
United States of America in September 1999, in
connection with the IMF and World Bank Annual
Meetings, to forgive 100 per cent of debts within the
context of the HIPC Initiative. Other creditor countries,
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notably all Group of Seven (G-7) countries, have
followed with similar declarations. In April 2000, G-7
finance ministers and central bank governors meeting
in
Washington,
D.C.,
collectively
committed
themselves to increasing debt reduction to 100 per cent
of non-official development assistance (ODA) claims
treated within the Paris Club framework,8 a
commitment reaffirmed by G-7 leaders at the Okinawa
Summit of July 2000.9
16.
However, the above should not be interpreted to
mean that HIPCs can henceforth expect rapid or across-
the-board cancellation of their bilateral debts:
cancellation would in principle be limited to countries
going through the initiative, and would be dependent
on their progress in economic policy reform and
poverty reduction. Country coverage, the timing of
relief and the coverage of debts, for example, post-cut-
off date debt, may also vary from creditor to creditor.
Relief also depends on legislative authorization for the
release of funds.
17.
HIPC-related debt issues continued to feature
high in the international agenda in the wake of the
Okinawa Summit. The Italian Parliament in July 2000
enacted a bill enabling the full cancellation of debts
(development and commercial) owed to Italy and
significantly expanding the number of potential
beneficiaries beyond the HIPC category.
18.
The G-8 meeting in Okinawa, however, did not
advance any major new initiative on debt similar to the
Cologne debt initiative a year earlier. The leaders
agreed to push forward the HIPC Initiative and work
together to ensure that as many countries as possible
reached their decision points, in line with the targets
set in Cologne. They voiced concern about the number
of HIPCs currently affected by military conflicts
preventing poverty reduction and delaying debt relief,
and agreed to strengthen efforts to help them prepare
for and come forward for such relief. They also
promised to promote more responsible lending and
borrowing practices to ensure that HIPCs would not
again be burdened by unsupportable debt.10 A number
of other issues were also raised at the summit including
the essential role of ODA in the fight against poverty
and the need for an improved trade and investment
environment and for faster integration of the
developing countries, including the poorest, into the
global economy.11
2. Outstanding issues
19.
As of July 2000, only a small number of countries
were well advanced in the HIPC process, while others
have as yet to meet the requirements for entering the
process; that is to say, they have not embarked on IMF-
and World Bank-supported programmes and have not
entered into Paris Club negotiations for concessional
rescheduling. The countries concerned are almost all
least developed countries suffering from civil conflict
or severe governance problems, and are among the
most indebted HIPCs. The Boards of IMF and the
World Bank have supported extending the HIPC
sunset clause by another two years to give countries
an incentive to adopt the required programmes by the
end of 2002.
20.
Overall progress is affected by the laborious
resource mobilization for the initiative, which is funded
essentially through voluntary contributions. Agreement
on the use of IMF gold holdings to help finance the
Funds participation was reached at the Annual
Meetings of the Bretton Woods institutions in
September 1999. Subsequently, a series of off-market
transactions were conducted and completed by early
April 2000, raising about $3 billion which has been
invested to generate income for the initiative. Pledges
of substantial new bilateral contributions to IMF and
World Bank HIPC trust funds have also been made.12
Yet full financing of the initiative is not yet assured.
21.
Resources are required to meet not only the full
debt-relief
costs
of
IMF
and
the
World
Bank/International Development Association (IDA)
over the expected duration of the HIPC scheme, but
also those of other multilateral institutions holding
claims on HIPCs, some of which are encountering
difficulties in contributing their share of HIPC relief.
Concerns have been expressed by some regional
development banks and other financial institutions
about the impact of the HIPC Initiative on their
financial integrity and long-term sustainability, and on
the borrowing costs for non-HIPC developing member
countries. Agreements concerning the participation in
the HIPC Initiative of the Inter-American Development
Bank (IDB) and other regional institutions in Latin
America and the Caribbean, and of the African
Development Bank were reached only a few months
ago.
22. If funding uncertainties remain, there is first the
risk of delay in individual cases. For instance, the
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finalization of the new debt-relief package for Bolivia
was dependent on the participation of IDB, the
countrys largest creditor, as well as other regional
financial institutions. Similarly, donor pledges that
remained to be secured under the IDB financing
framework agreed in June 2000 have held up the
release of IMF interim assistance to Honduras.
23.
More generally, if resource shortfalls persist, if
seeking assurance on the participation of all creditors
before the finalization of debt-relief packages
continues to be a lengthy and difficult process, and if
country cases in consequence cannot be brought
forward to the decision point, then the initiative risks
slowing down to a halt. A shortfall in resources could
emerge as soon as late 2000, IMFs continued
participation, for example, not being assured beyond
this date.13
24.
The link between poverty alleviation and debt
relief under the enhanced HIPC framework raises some
fundamental questions. The original objective of the
HIPC Initiative was to provide a clear exit from
unsustainable debt burdens, while under the enhanced
framework poverty reduction has been added as
another major objective. However, it remains an open
question whether the mechanisms foreseen under the
new framework can fulfil both these aspirations. There
can be little doubt that HIPC assistance can have an
important role to play in improving social spending.
However, there is a danger that the current approach
concentrates too much on public social spending
programmes, diverting attention from the fundamental
task of raising the level and productivity of investment
needed to achieve the economic growth that is a
prerequisite of sustained reductions in poverty.14
25.
Some light can be shed on the latter issue by
recent estimates of the United Nations Conference on
Trade and Development (UNCTAD) secretariat for the
external financing requirements of sub-Saharan Africa.
According to these estimates, there is a need to double
the existing level of official financing in order to
sustain a growth rate of 6 per cent. This would mean
raising the net official capital inflows by about 7 per
cent of the combined gross domestic product (GDP) of
the countries in the region. On the other hand, principal
repayments and interest payments on official debt by
these countries amounted to just under 3 per cent of
their combined GDP in the past five years. This means
that if countries in sub-Saharan Africa were all to be
brought under the HIPC framework and granted full
and immediate relief on their official debt, the amount
thus released would be less than half of the external
financing requirement for achieving the rate of growth
needed.15 Certainly, for HIPC countries alone, in sub-
Saharan Africa and elsewhere, the external financing
requirements in relation to GDP could be expected to
be greater since many of them have lower domestic
savings rates and private capital inflows. On the other
hand, the average ratio of principal repayments and
interest payments on official debt by HIPC countries
over the past five years is similar to that of the
countries of sub-Saharan Africa, just under 3 per cent
of their combined GDP. It can thus be estimated that
full and immediate debt relief to HIPC countries on
their entire official debt would release resources
amounting to no more than approximately one third of
their additional resource requirements for achieving the
growth needed to make a dent in poverty. Thus, the
international community could not rely on the HIPC
Initiative alone for poverty alleviation even if the
initiative were to be fully and rapidly implemented.
26.
This also points to the importance of additionality
in the provision of resources for debt relief over and
above development aid. If participating countries and
institutions do not ensure genuine additionality of their
contributions, debt reduction will not close the resource
gap and hence improve the prospects for sustained
poverty reduction. This is a serious risk in view of
indications that some donors are already diverting
regular aid resources to their contribution to the HIPC
Initiative.
27.
It cannot yet be judged precisely from the early
cases whether HIPC assistance will actually succeed in
lowering debt burdens to agreed targets or in
maintaining debt at sustainable levels. Achievement of
debt sustainability is a function not only of the amount
of debt relief delivered, but also of the growth of
export earnings and government revenue. A standard
assumption in Enhanced Structural Adjustment Facility
(ESAF)/PRGF projections, reflected in the debt
sustainability analysis (DSA) papers prepared for the
HIPC Initiative, is of steady robust export growth.
However, the experience of the first set of HIPC
countries shows that this is not always realistic. For
instance, export growth in the order of 6 to 7 per cent
was originally projected for Uganda for 1999/00, but
recent figures indicate that exports actually fell, by
around one fifth, during this period. In the case of
Guyana, which reached its first completion point in
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1999, qualifying under the fiscal criterion, the ratio of
the present value of debt to government revenue was
estimated at 410 per cent as compared with a target
ratio of no more than 280 per cent. If HIPCs are to
maintain debt sustainability over time, then, in
estimating the amount of debt relief needed, it is
important to formulate realistic projections for export
earnings and government revenues, and to allow for
fluctuations associated with the vulnerability of these
economies to external shocks.
28.
While the enhanced HIPC/PRSP initiative
recognizes the importance of ownership by debtor
Governments for its success, its design is not consistent
with this objective. The poverty reduction objective has
been added by creditors and donors without appropriate
consultations with the debtors concerned. They also
largely set the PRSP policy agenda and prescribe the
modalities to be followed, leaving little autonomy to
debtor countries. Creditors set the terms and conditions
for debt relief, which tend to depend as much on their
willingness to provide resources as on the needs of the
debtor countries. The ultimate judgement on whether
and when poor countries qualify for such relief is in the
hands of the Bretton Woods institutions. The enhanced
HIPC scheme adds a further layer of conditionality,
which risks overwhelming the capacities of the debtor
country administrations concerned and may effectively
dilute ownership and autonomous policy-making.
The rationale for proliferation of conditionality and
cross-conditionality is highly questionable in view of
mounting evidence, partly coming from the Bretton
Woods institutions themselves, that this instrument is
not effective in improving programme performance.16
29.
Overall, HIPC is a cumbersome and costly
process requiring extensive preparations from the
debtors concerned. A lengthy consultation process is
involved and a large number of documents have to be
elaborated and submitted for consideration by various
bodies at the successive stages of the process.
Moreover, as HIPCs move forward within the process,
they experience a drawn-out negotiation process that
requires significant technical capacity: there are a
series of Paris Club agreements to be negotiated and
these are followed by bilateral agreements with
individual creditors. All of this places great demands
on HIPCs scarce and already strained manpower
resources.17
B. Non-HIPC debtors
30.
There are 18 least developed countries that are
not included in the HIPC category, and some of them
are considered severely or moderately indebted
according to the World Bank classification.18 A number
of special measures have been devised for the least
developed countries such as the reliance mainly on
grants in the provision of financing to them. Most least
developed countries are IDA-only countries and thus in
principle have access to special relief measures such as
concessional rescheduling in the Paris Club and the
IDA Debt Reduction Facility (DRF). Most donor
countries have also extended ODA debt cancellation to
the least developed countries. However, the least
developed countries external debt burden has
continued to grow over time. The G-8 summit in
Birmingham in May 1998 called on those countries that
had not already done so to forgive least developed
countries aid-related debts or take comparable action
for least developed countries undertaking economic
reform.
31.
Most of the debt-distressed African countries are
either among the group of HIPCs or among the group
of least developed countries. However, there are
notable exceptions such as Algeria and Morocco in
North Africa (which are classified as moderately
indebted middle-income countries); Gabon and Nigeria
(both severely indebted); and Zimbabwe (a moderately
indebted low-income country). A discussion of African
debt problems thus cannot be confined to the HIPC
Initiative or special measures adopted in favour of least
developed countries alone.
32.
Debt-relief options for low-income countries
included in neither the HIPC nor the least developed
country category are restricted. Apart from Nigeria and
Zimbabwe, there are six low-income countries
classified as either severely or moderately indebted that
belong to neither the HIPC nor the least developed
country category. Moreover, there are, altogether, nine
severely indebted middle-income countries some of
which have similar external debt problems. Several of
these countries (for example, Indonesia, Ecuador,
Jordan and Pakistan) are continuing or have re-entered
the process of debt rescheduling with Paris Club
creditors over the past two years. Indonesia negotiated
a new agreement with its official creditors in April
2000, and Ecuador entered into new talks with the
Paris Club in May 2000. Pakistans current agreement
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with the Paris Club expires at the end of 2000. Nigeria,
with a huge debt burden, is also expected to return to
the Paris Club in the context of a programme of
economic revival that received some IMF support in
August 2000.
33.
Some of the severely indebted low- and middle-
income countries have in the past been able to obtain
reduction of their liabilities to commercial banks under
the Brady Plan. However, similar mechanisms do not
exist for their official debts. HIPCs apart, among the
countries that have over the recent past rescheduled
their debts with the Paris Club, it is only the Russian
Federation for which, in the 1996 and 1999 Paris Club
agreements, stock treatment and comprehensive
solutions to debt problems have been foreseen. Some
of the debt-distressed low-income countries are blend
countries eligible for a blend of International Bank for
Reconstruction and Development (IBRD) and IDA
funds, as opposed to other low-income countries that
are IDA-only and have limited access to private
financing. In practice blend country status has so far
excluded such debtor countries from schemes
providing a writing-down of obligations such as
concessional reschedulings from the Paris Club, or
other concessional debt-relief facilities reserved for
IDA-only countries, such as those covered by the HIPC
Initiative and the DRF. For such countries, official
debt-relief options have to be seriously considered,
including reductions at least on Toronto terms or even
the extending of HIPC Initiative benefits. The same
also applies in principle to severely indebted IBRD-
only middle-income countries. Paris Club agreements
do as a rule provide for debt conversion,19 but
experience of such programmes has been mixed: they
are in general too complex to implement effectively
and they have budgetary implications for the debtor
countries concerned.20
34.
Special debt-relief measures are also needed to
help countries affected by war and natural disasters.
Deferrals of payments recently granted in the cases of
seriously affected countries following hurricane Mitch
in late 1998 and the floods in Mozambique in early
2000, as well as in the context of the Kosovo crisis in
1999, provide examples of a mechanism that could
perhaps be employed in other cases as well.
C. Recent conditions in markets for
commercial debt
35.
While HIPCs and least developed countries draw
mainly on official sources for external financing, larger
low-income countries as well as most middle-income
countries have some access to private capital markets.
In particular, bond issuance in international financial
markets has come to play an increasingly important
role in recent years as a source of debt financing.
While in 1980 international bonds accounted for less
than 5 per cent of total long-term commercial debt of
developing countries, this ratio reached 40 per cent at
the end of the 1990s. Bond financing is gaining
importance particularly as a source of external private
financing for sovereign borrowers. Taking a sample
that includes five major borrowers in Latin America,
plus five major borrowers in Asia,21 which jointly
account for 42 per cent of total developing-country
debt, between 1995 and 1998 debt stocks in the form of
bond issues increased by 38 per cent, while the total
public and publicly guaranteed debt of these countries
increased by only 14 per cent. Private sector bond
issues have also been rising rapidly in recent years,
now accounting for over 20 per cent of the total long-
term private debt.
36.
Following the financial crisis in East Asia, both
the magnitude and terms of debt financing have
undergone substantial changes. After falling sharply in
1998, the decline in net private capital inflows to
developing and transition economies in the form of
debt continued in 1999. The exposure of Bank for
International Settlements (BIS)-reporting banks to such
economies fell by 7 per cent in both 1998 and 1999. In
1999, more than 50 per cent of the total decline was
due to the change in exposure to East Asia. The severe
contraction
in
1998
reflected
the
widespread
withdrawal of lending facilities to countries in the
region in the aftermath of its financial crisis, including
for a while those linked to the financing of trade flows,
while the 1999 contraction was influenced by a reduced
need for borrowing due to the accumulation of foreign
exchange reserves resulting from trade surpluses.
37.
Net issues of international debt instruments
(money-market instruments and bonds) by developing
and transition economies rose slightly in 1999. Once
again, issues were heavily concentrated among Latin
American borrowers, and among Governments and
State agencies. Much of new bond issuance in 1999
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took place in the second quarter: this bunching
reflected partly the bringing to the markets of bonds
whose issuance had been postponed during the
turbulence in international financial markets at the time
of the Brazilian crisis. During the remainder of 1999,
net issues continued at lower levels but issuance
accelerated in the first quarter of 2000. Gross issues by
Latin American borrowers continued at higher levels
than net issues owing to substantial refinancing
throughout the year. Elsewhere, net issuance was low.
New announced bond issues in the first quarter of 2000
reached the level of $25 billion, more than 40 per cent
of that for 1999 as a whole. However, such buoyancy
will be difficult to sustain as rates of interest increase
for major currencies.
38.
The yield spreads in secondary markets on the
bonds of emerging-market borrowers began the year at
levels still reflecting the aftermath of the turbulence
that had followed the summer of 1998. For most of
these economies, the rest of the year was marked by a
fall in such spreads, but this movement tended to peter
out in the first quarter of 2000. While interest paid on
new debt has stabilized following the sharp increases
experienced after 1997, recent hikes in interest rates in
the major industrialized countries have pushed up the
cost of issuing new debt and have offset, at least in
part, the declines in spreads over the past year.
D. Recent debt restructuring agreements
39.
In the second half of 1999 and first half of 2000,
Pakistan
and
Ukraine
completed
new
bond
restructuring arrangements. In November 1999,
Pakistan offered to exchange outstanding eurobonds for
a new six-year instrument with a three-year grace
period; the offer was accepted by a majority of the
bond holders. Ukraine in July 1999 reached an
agreement to restructure a $163 million eurobond,
repaying 20 per cent of the bond in cash and swapping
the remaining part into a new three-year bond. Again,
in February 2000, Ukraine announced an offer to
exchange a portion of its outstanding debt falling due
in 2000-2001 for new bonds with a maturity of seven
years. The offer was accepted by more than 95 per cent
of the holders of the outstanding value of debt.
40.
The Russian Federation initiated negotiations
with its London Club creditors shortly after the onset
of the financial crisis, with the objective of a general
restructuring, including debt forgiveness, of debt of the
former Union of Soviet Socialist Republics. The
negotiations lasted 18 months mainly because the two
sides found it hard to agree on the size of debt
forgiveness. Eventually, in February 2000, creditor
banks agreed to write off 36.5 per cent of the face
value of a total of $31.8 billion ex-Soviet debt,
equivalent to $10.6 billion, compared with 40 per cent
forgiveness requested by the Russian Federation. The
rest of the ex-Soviet debt will be restructured into
10-year and 30-year eurobonds with a 7-year grace
period. The terms of the eurobond swap are close to the
35 per cent discount that was standard in the Brady
deals in the 1980s and 1990s. Over the years,
commercial bank creditors had, already, in fact, by and
large put aside sufficient reserves to write off their
positions. Moreover, as an outcome of the negotiations,
they have gained the security of holding claims against
the Russian Federation. From the perspective of the
Russian Government, the deal eased the pressure on the
federal budget, and is expected to facilitate the
countrys return to the international capital markets in
2001.
41.
Following the approval in February 2000 of an
extended agreement with IMF in support of the
countrys
economic
and
financial
programme,
Indonesia in April 2000 concluded a new agreement
with its official creditors to reschedule principal
repayments falling due over the period up to the end of
March 2002. It obtained slightly more favourable terms
(a slightly longer consolidation period, longer maturity
for non-concessional debts, a longer grace period for
ODA debts) than in the previous agreement of
September
1998.
Non-concessional
debt
was
rescheduled over 15 years, including 3 years of grace,
at market interest rates and with a graduated repayment
schedule. ODA debts were rescheduled over 20 years
including 7 years of grace. The agreement also contains
a clause providing for debt conversion of up to 10 per
cent of concerned outstanding credits.
42.
An important change in the stock of developing-
country debt available for trading in the secondary
market is the considerable decline in the share of the
Brady bonds. The trend of retiring outstanding Brady
bonds through buy-back and exchange operations22 had
started in 1996, and after a slowdown during the Asian
crisis, it picked up momentum in 1999. Five middle-
income countries (Argentina, Brazil, Mexico, the
Philippines and Uruguay) retired $6.8 billion of Brady
bonds through discounted exchanges and open-market
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debt buy-backs.23 Bond exchanges began with
relatively small amounts, but more recently some major
transactions took place. In June 2000, Argentina
exchanged $3.3 billion worth of Brady bonds for $2.4
billion in 15-year eurobonds. Following an earlier
modest exchange, in August Brazil successfully
completed an exchange of $5.22 billion of Brady bonds
for $5.16 billion of 40-year callable, unsecured global
bonds. This is the largest-ever emerging-market bond
exchange, and at one of the longest maturities achieved
by an emerging-market sovereign. The transaction
freed $311 million in United States Treasury bonds as
collateral and resulted in substantial savings in the
present value of interest and repayments.
43.
From mid-1999, Ecuador started having serious
difficulties in making interest payments on its Brady
bonds. As rolling over maturities would not have
provided a solution, the country sought a large amount
of debt reduction by offering an exchange for global
bonds issued at market rates, but with a 20-year
maturity period, which was rejected by the bond
holders. After a number of failed attempts, bond
holders accepted in mid-August Ecuadors offer to
exchange $6.65 billion in defaulted Brady bonds for
30-year global bonds at a 40 per cent reduction in
principal.
E. Financial crises and debt in emerging
markets
1. East Asia
44.
The crisis in East Asia has resulted in significant
changes in the debt profile of the countries most
affected, namely, Indonesia, the Republic of Korea,
Malaysia, the Philippines and Thailand. This is true not
so much for their overall external indebtedness as for
the maturity structure of their debt and its distribution
between
private
and
public
sectors.
More
fundamentally, external debt-servicing difficulties and
currency turmoil led to sharp increases in defaults and
non-performing loans (NPLs) in the private sector,
including both financial and non-financial firms. As in
almost every major financial crisis in emerging markets
and elsewhere, management and resolution of the crisis
in East Asia have necessitated massive intervention by
the public sector with attendant consequences for
public indebtedness and fiscal balances.
45.
Commercial loans have traditionally been the
main source of external debt-financing in the region,
although Indonesia has a relatively important amount
of official concessional finance. A large proportion of
external debt of the East Asian countries was owed by
private financial and non-financial firms rather than by
the public sector. Many of these firms were driven into
serious financial difficulties and bankruptcy by the
collapse of the currencies and hikes in interest rates,
even though initially most of them had been solvent.
However, despite the sharp increases in bankruptcy of
private debtors, the overall external indebtedness of the
countries concerned has barely changed over the past
two years. For instance, the recorded total external debt
stock of these countries fell by a little over 1 per cent
in 1999 compared with the previous year, and the
decline was due to repayment of existing debt rather
than writing-off of the unpayable debt of bankrupt
private firms. This anomaly reflects the absence of
effective, speedy and equitable debt work-out
mechanisms for dealing with international claims and
obligations among private agents.
46.
However, there has been considerable variation
among the individual countries regarding changes in
their external indebtedness, reflecting disparate
movements in their incomes as well as differences in
the extent of debt repayment after the outbreak of the
crisis. Thus, the Republic of Koreas classification has
been raised by the World Bank from a moderately
indebted to a less indebted middle-income country,
while Indonesia has been downgraded to the status of a
severely indebted low-income country. The other
three countries most affected by the crisis (Malaysia,
the Philippines and Thailand) have remained as
moderately indebted middle-income countries.
47.
The structure of the East Asian external debt has
shown some improvement owing to a widespread
lengthening of maturities: for the majority of countries
with large borrowings from banks, the proportion of
their exposure with a residual maturity of at least one
year was about 60 per cent at the end of 1997 but by
early 2000 this figure had fallen to 50 per cent or lower
for countries other than Republic of Korea and Taiwan
Province of China.24 International reserves have also
been rebuilt, thus enhancing the ability to service debt
and absorb external shocks. Reductions in short-term
indebtedness as well as the build-up of reserves have
been achieved at the expense of massive cuts in
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imports, deep recession and mounting social costs
associated with loss of jobs and incomes.25
48.
Gross public debt (domestic and external)
increased almost fourfold in Indonesia, the Republic of
Korea and Thailand over the period 1996-1999 whereas
the increase was more moderate in Malaysia (some 44
per cent).26 These figures include public borrowing
from multilateral financial institutions and creditor
countries as part of international rescue packages put
together in response to debt-servicing difficulties. They
do not include contingency claims that resulted from
debt restructuring operations when Governments were
obliged to provide guarantees for non-guaranteed
private external debt, as, for instance, was the case for
the Republic of Korea in respect of its restructuring
package of January 1998. The fact that the overall
stock of external debt of the crisis-stricken countries
remains unchanged, means that a greater proportion of
such debt is now accounted for by the public sector,
even excluding contingent claims. This is consistent
with the changes in the overall pattern of private debt
flows to emerging markets after the East Asian crisis
when non-guaranteed borrowing almost disappeared
while public and publicly guaranteed debt shot up,
largely as a result of the socialization of private debt.27
49.
The increase in public domestic debt was
particularly sharp in Indonesia; there had been virtually
no domestic public debt in that country in 1996, but it
rose sharply after the crisis, reaching $53 billion in
1999. The increase was also sizeable in the Republic of
Korea and Thailand where the stock of public debt had
risen from some $7 billion in 1996 to $15 and $24
billion respectively in 1999.28 These increases resulted
from domestic rescue packages as well as mounting
fiscal deficits that had emerged with the onset of
recession and the hike in interest rates.29 A comparison
with the debt crisis of the 1980s shows that not only
was the external debt accumulation in East Asia far in
excess of that in Latin America, but it also gave rise to
a much larger amount of internal lending.30 Resolution
of the domestic debt burden constitutes a more
important problem for most countries in the region than
the servicing of external debt. In this sense, the
external financial crisis created a domestic debt
overhang in the private sector whose resolution
requires considerable public intervention.
50.
Countries suffering from increased defaults and
NPLs have adopted different strategies for intervention
in financial and corporate restructuring.31 Moreover,
restoring solvency has required financial engineering
on both the asset and liability side of the banks
balance sheet. The losses created by revaluing the bad
loans on the asset side had to be covered by injecting
new capital. The instruments used in rescue operations
have differed among countries; but in general, the
recapitalization cost is estimated to have been large,
reaching $50 billion in Indonesia, $33 billion in
Thailand and $26 billion in the Republic of Korea.32
The specialized agencies created to take over bad debt
have attempted either to collect it from the borrower or
to take possession of the underlying assets in order to
realize their value through sales in the market.
However, the absence of modern bankruptcy laws in
many countries impeded the rapid transfer of
ownership of the underlying collateral to creditors or
the specialized agencies.33 While the Republic of Korea
and Malaysia have progressed further than the other
countries in the resolution of bad domestic loans, the
process is far from complete, suggesting that economic
recovery may be more fragile than it appears.
51.
In assessing the sustainability of the current
recovery in East Asia, it is also important to note that
so far global conditions have generally been
favourable. In particular, the strength of United States
growth has been an important factor in the expansion
of exports from the region. However, external
payments in the region are moving towards deficits,
and maintaining imports may depend on renewed
capital inflows. Moreover, a large amount of external
debt has been rolled over with maturity falling due
over two years. Therefore, rising foreign interest rates
could pose a dilemma: attracting foreign capital would
call for higher domestic interest rates which, in turn,
could stifle growth and aggravate the difficulties of the
banking system, adding to the associated pressures for
increases in domestic public debt.
2. The Russian Federation
52.
The Russian Government, for the purpose of
maintaining international investor confidence, has been
distinguishing between debts taken over from the
ex-Soviet Union and those incurred subsequently. Total
foreign currency-denominated Russian debt amounted
to $148 billion at the end of 1999, about two thirds of
which had been inherited from the former Soviet
Union.34 The remaining one third of foreign debt has
been contracted since the founding of the Russian
Federation in 1992. The ex-Soviet debt has been
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rescheduled a number of times, while greater efforts
were made to service the Russian Federation debt in
full and on time until the financial crisis of August
1998 which was followed by a restructuring of the
Governments short-term external obligations.
53.
By world standards, the Russian foreign debt-to-
GDP ratio appears relatively modest, and the debt-
service burden manageable. Total debt was less than 60
per cent of GDP before the de facto devaluation of the
ruble in August 1998. Although the ratio of debt to
GDP subsequently underwent a sharp increase, at some
70 per cent of projected GDP in 2000,35 it is still
moderate compared with that of many debt-distressed
developing countries. However, given the ineffective
tax collection and massive capital outflows estimated
at more than $20 billion annually,36 the central
Government has found it difficult to generate enough
revenues and foreign currency to meet debt service.
The debt-service burden was alleviated somewhat in
the latter half of 1999 by the improvement of the
economic situation which has been mainly the result of
high oil prices and of the devaluation of the ruble but
also of improved tax collection and reduced capital
outflow. The improvement of the payments position of
the Russian Federation has continued in 2000 with the
strengthening of oil prices. This is manifested in a
sizeable trade surplus and rising foreign exchange
reserves. However, a number of structural and
institutional shortcomings that led to the 1998 crisis are
still present.
3. Latin America
54.
The economic situation in Latin America
deteriorated further in 1999 as the region continued to
suffer from the impact of the international financial
crises for a second consecutive year, and economic
downturn deepened in many countries in the wake of
the Russian crisis. Aggregate output of the region
stagnated for the first time since 1990, after growth had
already fallen to less than 2 per cent in 1998. As
pressures on currencies mounted, there was a
movement towards greater flexibility of exchange
rates. In general, the access of Latin American
countries to external financing has been less affected
by recent events than that of East Asian countries.
While the latter resorted to external surpluses to
finance capital outflows, in Latin America there was a
substantial deficit on current account, financed by
capital inflows through various channels, including
FDI, through which sharp cuts in domestic absorption
and activity were thereby averted. However, for the
countries worst affected such as Ecuador, Colombia
and Venezuela, access to international markets
remained restricted. Moreover Argentinas currency
regime was subjected during 1999 to pressures linked,
inter alia, to a severe recession and shifting external
perceptions of creditworthiness.
55.
The difference in performance between Brazil
and Argentina provides a useful contrast for comparing
alternative policy approaches. Until the beginning of
1999, policies in both countries were designed to
defend exchange-rate regimes through high interest
rates and fiscal restraint. High interest rates had caused
structural imbalances as the interest cost of outstanding
government debt more than offset primary budget
surpluses, and the increased servicing costs of foreign
debt offset improvements in export performance. As a
result, both countries experienced a progressive loss of
international investor confidence and severe pressures
on their external payments positions.
56.
In Brazil, since most foreign investors and local
banks
had
been
expecting
the
exchange-rate
adjustment, capital outflows after the suspension of the
peg were not substantial. Continued privatization sales
to foreigners, as well as the return of optimism due to
increased competitiveness and relaxation of policies,
produced a recovery of FDI inflows and a swift return
to the debt markets. The currency stabilized and
interest rates were steadily reduced, providing a sharp
reduction in the fiscal deficit and improvement in
external debt servicing. The economy grew by about
1 per cent in 1999, a much higher rate than generally
forecasted, and registered an annual growth rate of
more than 3 per cent in the first quarter of 2000. In
contrast to the growth of Brazil, Argentinas growth
has been below expectations after the successful
defence of its dollar peg, suggesting that, under capital
flight, currency depreciations are less damaging than
hikes in interest rates, particularly when the exposure
to currency risk in the private sector is limited. In
addition to experiencing a sharp reduction in exports to
Brazil as a result of the currency adjustment, Argentina
was adversely affected by the high real interest rates
needed to support the exchange rate. Since the
Government depends heavily on external financing to
meet fiscal deficits, the increased burden of external
debt has been accompanied by an accentuation of fiscal
pressures.
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57.
The most severe financial difficulties in Latin
America have been encountered by Ecuador which also
suffers from both domestic and external debt problems.
In October 1999, it became the first country to default
on Brady bonds when the Government announced its
decision to reschedule this debt, deferring payments up
to seven years with a two-year grace period and
reducing the interest rate. The dollarization plan
announced in January 2000 and an open capital account
effectively eliminate the distinction between domestic
and external debt, aggravating the difficulties
associated with loss of confidence. In combination with
political uncertainties, the decision to default led to
capital outflows of some $2.5 billion in 1999, about
20 per cent of GDP. These outflows had to be financed
through deflation and drawing on international
reserves. An initial drop in exports together with a
sharp depreciation of the currency led to a further
deterioration in the asset quality of an already weak
financial system, generating a credit crunch and
deepening the contraction of domestic demand. Since
most external debt is owed by the public sector, the
resulting difficulties are as much on the fiscal side as
related to the balance of payments. In addition to the
need to generate adequate foreign exchange to meet
debt servicing, there is a domestic budgetary transfer
problem of the kind experienced by many Latin
American countries during the 1980s, since a budgetary
surplus needs to be generated by net resource transfers
from the private sector.
F. Issues in commercial debt work-outs
1. Financial crises, debt standstill and work-outs
58.
Recent financial and international crises in a
number of developing and transition economies have
shown that there are considerable shortcomings in
international arrangements for commercial debt work-
outs. In particular, the absence of effective mechanisms
for involving private creditors in the prevention and
resolution of crises has not only meant that liquidity
crises all too frequently develop into widespread
defaults and bankruptcies, but also resulted in unequal
and unfair distribution of the burden of crisis resolution
between debtors and creditors as well as among the
creditors themselves.
59.
After the East Asian crisis, it has been
increasingly suggested that an effective way of dealing
with the rapid exit of creditors and speculative attacks
on currencies would entail recourse to the principles of
orderly debt work-outs along the lines of the national
bankruptcy legislation of some major creditor
countries, particularly chapter 11 of the United States
Bankruptcy Code. The application of such principles
could end the anomalous situation whereby debtors are
judged de facto bankrupt without benefiting from the
financial protection and relief that would accompany a
de jure bankruptcy in major industrialized countries.
These principles are especially relevant to international
private debt crises resulting from liquidity problems
because they are designed primarily to address
financial restructuring rather than liquidation. They
allow a temporary standstill on debt servicing based on
recognition that an asset grab race by the creditors is
detrimental to the debtor as well as to the creditors as a
group. They provide the debtor with access to working
capital needed to carry out its operations, while
granting seniority status to new debt. Finally, they
involve reorganization of assets and liabilities of the
debtor, including extension of maturities, and, where
needed, debt-equity conversion and debt write-off.
60.
Naturally,
the
application
of
bankruptcy
principles to cross-border debt involves a number of
complex issues. The most contentious issue is the
standstill mechanism. Clearly, to have the desired
effect on currency stability, debt standstills should be
accompanied by temporary exchange controls over
capital-account transactions by residents and non-
residents alike.
61.
A possible drawback of such a standstill is that it
may undermine confidence further, accelerate capital
flight through informal channels and deepen contagion.
However, the historical record does not necessarily
support this argument. In this respect, the recent
Malaysian experience with standstill holds some useful
lessons. It was temporary and selective, and highly
successful in bringing exchange-rate stability, reducing
interest rates and preventing a deepening of recession.
When the controls were lifted in September 1999, there
was only a limited amount of capital outflow, and the
country soon enjoyed an upgrading of its credit rating
and normalized its relations with international capital
markets.37 Moreover, other evidence does not indicate
that standstills have a long-term adverse impact on the
access to international financial markets of the country
imposing them.38
62.
The international intervention in financial crises
has indeed involved eventual recourse to standstills as
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well as debt work-outs. For instance, during the Asian
crisis, the Republic of Korea creditors eventually
agreed to a standstill and rollover of short-term loans.
However, for a number of reasons such arrangements
did not attain the objectives sought by orderly debt
work-out procedures. First, they invariably came after
the collapse of the currencies and hike in interest rates,
thereby failing to prevent widespread insolvencies.
Thus many of those who have analysed (the Republic
of) Koreas 1997-1998 crisis contend that (the Republic
of) Korea could have solved its liquidity problems
sooner had a standstill mechanism been in place at the
time it requested IMF assistance.39 Second, official
lending in such work-out exercises is typically
designed primarily to bail out creditors rather than to
provide
balance-of-payments
support
to
enable
countries to finance current operations. Third, in the
restructuring process, Governments are usually forced
to assume private debt. Finally, creditors often tend to
secure highly favourable terms on restructured debt.
2. Bond financing and reorganization
63.
In view of the rapid increase in the share of bonds
in external financing of developing countries, bond
restructuring has gained added importance, particularly
for sovereign borrowers. The notion that sovereign
bonds as well as bank loans may need to be
restructured has only very recently been accepted by
the international community (though not necessarily by
all segments of financial markets): most sovereign
debtors that had issued bonds in the 1970s and 1980s
remained current on such obligations during the debt
crisis of the
1980s,
while rescheduling
and
restructuring their commercial bank debt. As noted
above, Ecuador, Pakistan and Ukraine are three recent
examples
of
countries
involved
in
bond
reorganizations. In the case of the latter two countries,
this involved only the extension of principal maturities
rather than relief since reorganization was undertaken
on a mark-to-market basis.
64.
As for commercial bank debt, there are no
established mechanisms for restructuring sovereign
bonds. Moreover, there are serious difficulties in bond
restructuring
compared
with
rescheduling
and
restructuring of commercial bank debt, particularly
syndicated credits.40 First of all, there is a
communication problem between the bond issuer and
holders. In general, bond holders are anonymous and
include a variety of investors, both individual and
institutional. This problem is further aggravated by
trading in secondary markets. This was less of a
problem for Pakistan where bond holding was
concentrated than for Ukraine where it was spread
among numerous retail holders. Moreover, there are
legal impediments to establishing communication
mechanisms between issuers and holders as well as to
dealing with non-participating holders, particularly
under the laws of New York State or of England where
most sovereign bonds have been issued. Current
arrangements also encourage hold-outs since sovereign
issuers are often required to include a waiver of
sovereign immunity as part of the terms and conditions
of the bonds. Thus, sovereign debtors do not enjoy the
protection accorded to private debtors under insolvency
procedures which tend to overrule hold-outs and
eliminate free riders.
65.
There are a number of proposals for dealing with
these problems and providing a basis for orderly
sovereign bond work-outs. These include adding
provisions to international bond contracts for automatic
triggers or changes in payment conditions; majority
action and collective representation clauses to deal
with hold-out creditors and secure binding agreements
for all bond holders; and sharing clauses to deter
litigation. At present, an important main concern of
developing-country borrowers is that inclusion of such
clauses may reduce their access to financial markets
and raise the cost of bond financing by giving wrong
signals to the market. Overcoming these problems may
require an international mandate for introduction of
such clauses into all international bond contracts,
including those issued by major industrialized
countries. While a number of industrialized countries
have in fact already started using such clauses in their
bond contracts, this practice is far from universal.
3. Comparability and burden-sharing between
private and official creditors
66.
An important issue that has emerged from official
interventions in emerging market crises and debt
negotiations is the question of comparability and
burden-sharing between the private and official
creditors. Official bail-out operations in recent
emerging market crises have increasingly been
criticized as risking public money to bail out private
creditors, and suggestions have been made that public
assistance should not be made available unless debtors
obtain some relief from private creditors. More
16
A/55/422
recently, Paris Club creditors advised Pakistan to seek
comparable treatment from its private bond holders
by rescheduling its eurobond obligations. A similar
request was subsequently put forward by the Paris Club
to Nigeria. In this case, official creditors appear to have
demanded that commercial counterparts such as bond
holders be included in a final settlement and accept the
terms of a restructuring prior to the conclusion of a
Paris Club agreement.
67.
An equally important question is whether burden-
sharing
should
be
symmetrical
when
official
negotiations
are
preceded
by
private
creditor
agreements. Some private creditors have been
challenging the fairness of the current burden-
sharing implicit in commercial and official debt work-
outs, pointing out that official creditors as compared
with private creditors do not show matching generosity
in debt restructuring. This issue of reverse
comparability is likely to arise in future official debt
negotiations. As noted above, the Russian Federation
has obtained a large amount of debt reduction from its
London Club creditors, and the expectations of
commercial creditors and the Russian Government
appear to be that the next round of Paris Club
negotiations should match the debt reduction accorded
by private creditors. Again, private creditors of
Ecuador have agreed to a deal before its official
creditors, and its Paris Club negotiations are likely to
involve the question of reverse comparability.
68.
The emphasis on burden-sharing and comparable
treatment between private and official creditors
constitutes a major advance over the debt strategies
adopted during the 1980s as well as the more recent
emerging-market crises when official intervention in
debt crises was designed primarily to keep sovereign
debtors current on debt servicing to private creditors,
and when the seniority accorded to multilateral debt
went unchallenged. However, it should be added that
the emphasis on burden-sharing among creditors
should not overshadow the more important question of
equitable treatment of debtors and creditors.
III. International policy conclusions
69.
The analysis above shows that there are serious
shortcomings in the international approach to the debt
problems of developing countries and economies in
transition. Overcoming these difficulties would call for
action on three fronts: the HIPC Initiative, the official
debt of non-HIPC countries, and commercial debt.
70.
The HIPC Initiative has received considerable
support in the international community as a
comprehensive and coordinated approach based on a
recognition of the need to reach a sustainable debt
position for the countries concerned in the context of
growth and development. However, so far it has
progressed only in incremental steps, and even with the
acceleration up to the end of 2000 in the number of
countries benefiting from agreed debt reduction, the
initiative is unlikely to reach the objectives set. The
problems
associated
with
its
design
and
implementation suggest that even the enhanced HIPC
Initiative does not provide an adequate response to
HIPCs debt problems. A bolder approach will have to
be taken to remove the debt overhang of the worlds
poorest nations.
71.
This new approach might take the form of an
objective and comprehensive assessment by an
independent panel of experts not unduly influenced by
creditor interests, while the existing processes are
under way. Such an assessment, which should not be
restricted to HIPC countries but should also encompass
other debt-distressed low-income and middle-income
countries, should naturally include debt sustainability,
eligibility for debt reduction, the amount of debt
reduction needed, conditionality, and modalities
regarding the provision of necessary funds, including
those for the multilateral financial institutions affected.
There should also be a commitment on the part of
creditors to implementing fully and swiftly any
recommendation of this panel regarding the writing-off
of unpayable debt. Moreover, in future, HIPCs and
other
countries
covered
by
the
panels
recommendations should benefit from new aid
resources in grant form or on highly concessional
terms, in order to avoid the renewed build-up of an
unsustainable debt burden.
72.
There should also be an immediate suspension of
the debt-service payments of all HIPCs, with no
consequent additional interest obligations being
incurred until the panel has made its recommendations
and agreement has been reached on reduction of their
debts. This suspension should also be extended to non-
HIPC countries declared eligible for debt relief by the
panel during the period until agreements on the debt
reduction in their case are reached.
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73.
It is notable that a recent independent
commission of experts from different schools of
thought appointed by the United States Congress, the
Meltzer Commission, has made proposals that go well
beyond the scope of the HIPC Initiative.41 The
Commission agreed unanimously on the desirability of
writing off all multilateral claims against HIPCs that
had implemented an effective development strategy. It
also recommended that bilateral creditors should
similarly write off these countries debts, and that grants
rather than loan-based funding should be used in the
majority
of
programmes.
These
specific
recommendations should not be ignored in the
controversy over the Meltzer Commissions other
proposals.
74.
The point is not, of course, to see full and swift
debt relief as a panacea for the deep-seated policy
challenges facing these countries. It would, however,
be one less problem for their policy makers to deal
with. Many of these countries are unable to meet their
external debt-servicing obligations, and for them debt
relief will simply formally acknowledge a situation that
already exists and stop the accumulation of arrears that
are unlikely ever to be paid.
75.
Reform of the international strategy regarding the
official debt of poor countries should also address the
problems of debt-distressed low-income countries that
are not currently eligible for the special treatment
accorded to the HIPCs. Non-HIPC least developed
countries and other debt-distressed low-income
countries should not be excluded from consideration
under the HIPC Initiative. Indeed, an independent
assessment of debt sustainability and eligibility is
likely to bring many such countries into the group
needing rapid and sizeable relief on bilateral and
multilateral debt. Some of the severely indebted
middle-income countries may also require such
arrangements, and as a first step it may be desirable to
extend bilateral ODA cancellation and concessional
rescheduling of other official debts to such countries.
76.
It is also important to recognize that countries
that are seriously affected by war and natural disasters
and that face serious problems of reconstruction and
recovery require debt relief as well as urgent assistance
regardless of their longer-term prospects and debt
profiles. Various measures could be envisaged, ranging
from automatic standstill and rollover for countries
brought under the United Nations emergency rules to
outright cancellation of debts.
77.
For commercial debt, establishing orderly and
equitable
work-out
procedures
with
explicit
responsibilities of creditors and debtors and well-
defined roles for public and private sectors remains the
most important step that should be taken. Serious
consideration should be given to a number of different
proposals that have recently been advanced in this
context: firstly, the introduction of emergency
standstills which would be mandated by IMF members,
as proposed by the Canadian Government;42 secondly,
the introduction of arrangements setting the terms for
pre-qualification for unilateral standstill decisions; and
thirdly, empowering an independent panel to sanction
such decisions ex post facto in a way analogous to the
procedures of World Trade Organization safeguard
provisions that allow countries to take emergency
actions. Again, consideration should be given to the
establishment of an international mandate for the
introduction of covenants in international bond
contracts enabling debtors to alter payment conditions
when faced with severe financial difficulties.
78.
Given the volatility of private capital flows and
increased frequency of liquidity problems in emerging
markets, provision of international liquidity, as well as
temporary standstills, should constitute an essential
component of an effective international financial
architecture. While the recently adopted practice of
lending
into
arrears
by
multilateral
financial
institutions is a welcome development, it is important
to ensure that such lending would not simply bail out
private creditors, but actually help the debtors to
finance
their
current-account
transactions.
Furthermore, conditions attached to such lending
should not interfere with the proper jurisdiction of
sovereign Governments, and should be confined to
macroeconomic and financial variables.
Notes
1The debtor countries included in this analysis are the
low- and middle-income countries (developing countries
and countries in transition) covered by the World Bank
Debtor Reporting System (DRS). The main data sources
are the World Bank, Global Development Finance 2000
(Washington, D.C., 2000), the joint Bank for
International Settlements (BIS)-International Monetary
Fund (IMF)-Organisation for Economic Cooperation and
Development (OECD)-World Bank statistics on external
debt and IMF, World Economic Outlook, May 2000
(Washington, D.C., 2000).
2IMF, World Economic Outlook, May 2000.
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3The most recent amendment to the list is the addition of
Gambia in 2000.
4For a discussion of the Cologne debt initiative, see also
A/54/370, paras. 43-57.
5Under the new framework, the present value of debt is to
be reduced to a maximum of 150 per cent of exports (as
compared with a range of 200-250 per cent under the
original framework) and 250 per cent of government
revenue (previously 280 per cent). The amount of debt
relief to be delivered is determined at the decision point,
based on actual data.
6Of these, Bolivia, Uganda and Mozambique had already
reached the completion point under the original
framework.
7Cf. World Bank and IMF, The enhanced initiative for
heavily indebted poor countries: review of
implementation, 7 September 2000.
8Statement of Group of Seven (G-7) finance ministers and
central bank governors, Washington, D.C., 16 April
2000.
9G-7 statement, Okinawa, 21 July 2000.
10Group of Eight (G-8) communiqué Okinawa 2000
(A/55/257-S/2000/76, annex), Okinawa, 23 July 2000.
11Cf. also Poverty reduction and economic development,
report from G-7 finance ministers to the heads of State
and Government, Okinawa, 21 July 2000.
12As of end-July 2000, the World Bank HIPC Trust Fund
had received close to $2.6 billion in contributions and
pledges from over 20 countries.
13See Heavily Indebted Poor Countries Initiative and
Poverty Reduction Strategy Papers: progress reports,
memorandum from James D. Wolfensohn and Horst
Köhler to members of the International Monetary and
Financial Committee and members of the Development
Committee, 7 September 2000.
14See further, for example, Tony Killick, HIPC II and
conditionality: business as before or a new beginning,
paper commissioned by the Commonwealth Secretariat
for the policy workshop on debt, HIPC and poverty
reduction, London, 17 and 18 July 2000.
15See UNCTAD, Capital Flows and Growth in Africa
(Geneva, UNCTAD 2000) (UNCTAD/GDS/MDPB/7).
16See Killick, loc. cit.
17Other debtor countries rescheduling with official
creditors encounter similar problems.
18See World Bank, Global Development Finance 2000.
Debt-distressed in the following refers to both
severely and moderately indebted countries. Afghanistan
and the Comoros are classified as severely indebted,
while Bangladesh, Cambodia, Equatorial Guinea, Haiti
and Samoa are classified as moderately indebted.
19Debt conversion involves the exchange of debt for
another liability or the cancellation of debt in return for
an expenditure by the debtor. This includes, for example,
the swapping of government debt for equity in privatized
enterprises, or for the financing of environmental,
developmental and educational schemes.
20See, for example, Finding solutions to the debt
problems of developing countries, report of the
Executive Committee on Economic and Social Affairs of
the United Nations, December 1999.
21Argentina, Brazil, Chile, Mexico and Venezuela in Latin
America; Indonesia, Malaysia, the Philippines, the
Republic of Korea and Thailand in Asia.
22In debt buy-backs, the debtor country takes advantage of
the discount in the secondary market to buy back the
debt, and the operations are financed either out of
foreign exchange reserves or through the issue of new
bonds. Exchanges of Brady bonds involve their
replacement by new issues of the international bonds
before their maturity.
23See, further, World Bank, Global Development Finance
2000, appendix 2.
24See Supervisory lessons to be drawn from the Asian
crisis, Basel Committee on Banking Supervision
Working Paper, No. 2 (Basel, BIS, June 1999), tables 2
and 5; and BIS, BIS-consolidated international banking
statistics for end-December 1999, Press Releases.
25For an analysis of the crisis and recovery in East Asia
see, UNCTAD, Trade and Development Report, 2000
(United Nations publication, Sales No. E.00.II.D.19),
chap. IV.
26See World Bank, East Asia: Recovery and Beyond
(Washington, D.C., May 2000), table 5.1.
27See UNCTAD, Trade and Development Report, 1999
(United Nations publication, Sales No. E.99.II.D.1),
chart 5.4.
28See World Bank, East Asia: Recovery and Beyond ...
29Ibid., table 5.1 and figure 5.2.
30See UNCTAD, Trade and Development Report, 1998
(United Nations publication, Sales No. E.98.II.D.6), Part
one, chap. III, sect. D, p. 71, and table 31.
31For different strategies, see UNCTAD, Trade and
Development Report, 2000 ..., box 4.2.
32World Bank, East Asia: Recovery and Beyond ...
33For a discussion of how these agencies operated, see
UNCTAD, Trade and Development Report, 2000 ...,
box 4.2.
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34IMF, World Economic Outlook, May 2000.
35Ibid.
36IMF, Capital flight from Russia, Policy Discussion
Paper, June 2000.
37For the rationale, nature and effects of these controls see
UNCTAD, Trade and Development Report, 2000 ...,
box 4.1.
38As the Deputy Governor of the Bank of England, David
Clementi, put it in a recent speech: ... would standstills
risk cutting off capital flows to the emerging markets
if you like, killing the goose that lays the golden egg?
History offers some clues here. For example, there
appears to be no evidence from 1930s experience of
defaulting countries having fared worse than non-
defaulting countries in terms of subsequent output
growth. And looking across a broader sweep of history,
some empirical evidence has failed to find any
discernibly negative long-term effect of a countrys prior
debt-servicing record on the terms or volume of its
borrowing. See BIS Review, 70/2000.
39Ministry of Finance and Economy, Republic of Korea,
Group of 20 (G-20) report, Koreas Crisis Resolution
and its Policy Implications, p. 13, December 1999.
40On the problems involved in bond restructuring, also see
further Sovereign debtors and their bondholders,
United Nations Institute for Training and Research
(UNITAR) training programmes on foreign economic
relations, Document No. 1; and A. de la Cruz, The new
international financial architecture. Has 1999 (Ecuador
and others) changed anything?, paper presented to the
Debt Management and Financial Analysis System
(DMFAS) Conference on Debt Management, April 2000.
41Report of the International Financial Institution
Advisory Commission (Meltzer Commission), March
2000, executive summary and chap. 2.
42Canada, Department of Finance, Canadas six-point
plan to restore confidence and sustain growth,
September 1998.