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Latin America’s Moment analyzes economic, political, and social issues and trends throughout the Western Hemisphere.

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An illegal gold mining camp is discovered in Madre de Díos during a Peruvian military operation in 2019.
An illegal gold mining camp is discovered in Madre de Díos during a Peruvian military operation in 2019. Guadalupe Pardo/Reuters

Illegal Gold Finances Latin America’s Dictators & Cartels. The United States Must Lead the Fight Against It.

Four policy ideas to curb illegal gold mining in the Western Hemisphere.

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Refugees and Displaced Persons
The Hidden Refugee Crisis in the Western Hemisphere
While much attention is rightly focused on Syria and the Middle East, there are a growing number of refugees in the Western Hemisphere. The largest group comes from Central America’s Northern Triangle—Guatemala, El Salvador, and Honduras. For each of the past three years between 300,000 and 450,000 Central Americans have fled north. Of these, between 45,000 and 75,000 are unaccompanied children; another 120,000 to 180,000 families (usually a mother with children); and between 130,000 to 200,000 single adults. These numbers peaked in May and June 2014 when more than 8,000 unaccompanied minors crossed the U.S. border each month. 2016 numbers are again rising, with August inflows higher than ever before. These migrants are fleeing violence (El Salvador, Honduras, and Guatemala are some of the most dangerous nations in the world), poverty, and the economic devastation wrought after three years of record droughts. They are pulled to the United States through personal ties. One study of interviewed minors found 90 percent had a mother or father in the United States. Many of these U.S. residents from Honduras and El Salvador came on temporary protected status (TPS) visas, meaning they can live and work legally in the United States but may not sponsor other family members (including their children). While the overall numbers leaving Central America have been fairly steady, those reaching the U.S. border have fluctuated dramatically. In FY2014, 257,000 were apprehended at the border; this number fell to 149,000 in FY2015. Nearly 200,000 have made it to the southern U.S. border during the first eleven months of FY2016. The differences largely reflect Mexican enforcement and absorption. The Mexican government sent back 167,000 migrants in FY2015, and likely absorbed tens of thousands into its own society. FY2016 numbers look similar so far. Other nationalities are leaving home as well—many headed for the United States. 5,000 Haitians recently showed up at the San Diego-Tijuana border crossing having traveled some 7,000 miles over land from Brazil (part of the 80,000 Haitians who have migrated to Brazil since the 2010 earthquake). In an effort to stop this exodus, the Obama administration effectively ended Haitian access to TPS visas (given after the earthquake), announcing that the 1,000 still at the border now waiting for immigration appointments and any others that come (estimates are that up to 40,000 more are on their way) will be deported back to Haiti. The order was then delayed—but not repealed—in the wake of Hurricane Matthew. Cuban migration has risen dramatically with changes on the island—since 2013 Cubans no longer need government permission to leave—and due to fears that the United States will end the 1966 Cuban Adjustment Act (CCA). Better known as the “wet foot, dry foot” policy, CCA allows Cubans that make it to U.S. soil to immediately receive a visa and access to U.S. services including social security, health care, job training, and even cash transfers. In FY2014, 24,000 Cubans came; FY2015 and FY2016 numbers grew to 43,000 and 47,000 respectively. Many first flew to South American and Central American nations and then began making their way by land north, putting stress on the migrant and refugee services in those nations on their path. These many flows will likely continue and may grow. The Food and Agriculture Organization of the United Nations estimates that 3.5 million Central Americans are in need of humanitarian assistance. Haiti (population 10 million) has been without a recognized government since June (the interim president’s term expired and was not renewed). Hurricane Matthew killed hundreds and left another 350,000 people in desperate need. And the number facing “food insecurity”—already 3.6 million—will surely rise given the decimation of harvests throughout southern Haiti. Venezuela poses a crisis in the making. Outflows have been rising, mostly to Colombia, Spain, and the United States, which has received 10,000 asylum applications in 2016 so far. A recent poll found more than half of Venezuelan voters would leave the country if given the option, following the nearly 2 million that have migrated since Chavez came to power in 1999. If the current economic and political situation implodes, the exodus could quicken dramatically. All told, hundreds of thousands if not millions of individuals and families in the Western Hemisphere could be forced to leave their country. It is hard to see where they will be welcomed.
China
Bringing International Pressure To Bear on Nicolás Maduro
[This post was co-authored with John Polga-Hecimovich*. It is the third of a series that begins with this post.] The collapse in Venezuela has many potential costs: democratic regression in Latin America; destabilization of neighboring countries, including, potentially, the fragile peace process in Colombia; the possibility of a significant migrant crisis; rising violence, corruption, and criminality; and threats to hemispheric energy security. A mix of frustration with President Nicolás Maduro’s recent moves and apprehension about the potential outcomes of the crisis has led to a frantic search for alternatives, none of which seems particularly likely to be effective on its own. The paucity of alternatives suggests that the best the international community may be able to hope for is to isolate the regime, demonstrate to moderates within the regime that there are costs to sticking with Maduro, and make efforts to ameliorate the worst humanitarian consequences of the crisis. Taking Advantage of Latin American Leverage In recent years, U.S. policymakers have tried to encourage South American nations to take the lead on regional matters, recognizing that the region may be better positioned to foment meaningful dialogue and consensus than the United States, especially given the checkered past of U.S. interventions in Latin America and lingering local sensitivities about U.S. involvement. But Latin America has been slow to recognize the deterioration of the Chavista regime into an authoritarian state. Chavismo’s determined but patient degradation of checks and balances over the course of seventeen years; the huge revenues available to influence regional friends; the ideological affinities between Hugo Chávez, Nicolás Maduro, and regional leaders; and the government effort to present at least a façade of comity have helped dilute regional opposition to the regime. But this tolerance is slowly changing, not least because of the deepening crisis and shifting ideological winds in South America. At the level of regional bodies, three initiatives are underway. Mercosur has taken an increasingly firm stand against Maduro. During June and July, the new Brazilian administration joined Argentina and Paraguay to overcome Uruguayan resistance and suspend Venezuela from the Mercosur presidency. It also gave Venezuela until early December to meet conditions for accession that it had never met since joining the grouping in 2012. In effect, this signaled Venezuela’s impending expulsion, given that there was never much chance that Venezuela would meet the economic requirements imposed by the bloc. But a lack of consensus meant that Mercosur did not invoke the “democratic clause” that allows the trade grouping to suspend any member who fails to guarantee basic democratic rights. The four original Mercosur members will undertake discussions on the democratic clause on the sidelines of the Ibero-American Summit in Cartagena on October 28 and 29. Such a move to call out Maduro for his authoritarianism would be a significant symbolic rebuke, after years of close ties between the four original Mercosur nations and Chavismo, and it would increase the Venezuelan government’s international isolation. But it would do little to change the internal calculus that keeps Maduro in power, and the sanctions it imposes—suspension from the trade group—will have little practical effect on the Maduro administration in light of Venezuela’s already tenuous claim to membership. A major downside is that such a move might also complicate a more energetic effort to push humanitarian aid, such as medicines and medical relief, which Maduro would be unlikely to accept from the United States, and which Latin America is unlikely to offer if Brazil and Argentina do not lead the push. A second initiative is underway in the Organization of American States (OAS), whose Secretary General Luis Almagro is one of Latin America’s most passionate critics of the Maduro regime’s restrictions of political and civil rights. But Almagro leads a fractured organization, and it will be an uphill climb to the two-thirds support needed to invoke the OAS’ Democratic Charter suspending Venezuela from membership. It is telling that even a joint communique from the organization condemning last week’s events obtained only twelve signatories. Most importantly, of the silent countries, seventeen are members of Petrocaribe, who have benefited from considerable oil subsidies from Chávez and Maduro and remain net debtors to Venezuela. There may be room to split some of these nations from their support for Maduro, but the United States itself had until recently been reluctant to invoke the Democratic Charter, for fear of destabilizing ongoing talks by U.S. officials in Caracas. So it may take a while to gear up new efforts in this regard. Finally, the Union of South American Nations (UNASUR) has been playing a complex role. Of the three organizations, UNASUR under Secretary General Ernesto Samper is the most ideologically aligned with Maduro, and therefore may offer the best prospect for bringing him into dialogue. But this also raises suspicions among the Venezuelan opposition. UNASUR earlier this year created a special commission of former national leaders José Luis Rodríguez Zapatero (Spain), Martín Torrijos (Panama), and Leonel Fernández (Dominican Republic), who visited Caracas several times beginning in May to stimulate dialogue in the run-up to the expected recall vote. But these efforts paid few dividends, and some observers, including Almagro himself, have suggested that the UNASUR mission was a calculated ploy designed to slow the recall. After a hastily arranged visit with Maduro, reportedly requested by Samper, Pope Francis on Monday offered his good offices to “avoid an escalation of violence.” Talks sponsored by the Vatican and UNASUR are to begin on Venezuela’s Isla Margarita on Sunday, October 30. But almost immediately after the announcement, it became clear that not all members of the opposition Democratic Unity Roundtable (MUD) coalition were aware that talks were being discussed, raising concerns that this might be yet another stalling action by Maduro. The repeated use of such talks by the Maduro regime to delay progress or defuse opposition mobilization has left many MUD members skeptical of the value of trying to negotiate with the regime. Washington’s Toolkit There are not many good levers available to the U.S. government as it works to ameliorate the crisis. The best option available to Washington seems to be a combination of dialogue, continued work within regional bodies to pry away votes for the Maduro regime, targeted sanctions, and planning for post-crisis reconstruction. Talks between the Maduro regime and the U.S. government have been underway, most notably during a high-profile visit by Undersecretary of State Thomas Shannon to Caracas in June. Such talks have not shown many public results, but they are important to defuse the worst paranoid rhetoric out of the Maduro regime, to keep open a channel for dialogue, and to demonstrate to the region the willingness of the United States to contribute to a negotiated solution. It may be difficult to find the ten or so additional votes needed to invoke the OAS Democratic Charter, but patient efforts to sway Caribbean nations from their support of the Chavista regime may begin to pay off as the regime’s ability to invest in petrodiplomacy falters. Vice President Biden signaled the wedge that the Obama administration hopes to drive in a January speech to Caribbean leaders, noting that “no country should be able to use natural resources as a tool of coercion against any other country.” Meanwhile, the important repudiation of the regime by previously supportive governments in South America may yet contribute to a broader shift in Caribbean sentiment. The United States has already implemented targeted sanctions against members of the regime: Obama’s Executive Order 13692 in 2015 led to sanctions against seven senior officials. There was broad outrage in Venezuela and throughout Latin America against the order, not least because it labeled Venezuela as a national security threat (U.S. law requires such a determination before sanctions can be imposed). Maduro was able to use the order as a cudgel against the opposition, and he has promoted some of those who have been sanctioned or indicted in the United States. Yet narrowly targeted sanctions, announced publicly so as to send a clear signal, may be more effective today than they were even in the recent past, given the depth of the crisis. Sanctions against individuals—such as permanent visa restrictions and Office of Foreign Assets Control (OFAC) determinations—underline to Maduro’s moderate allies that they must be careful in how far they go in their support of a wobbling strongman. Individually targeted sanctions also send a message to regional governments about the worst players in the Maduro coalition, including embezzlers, cocaine traffickers, and abusers of human rights. So too do efforts to pursue Venezuelans abroad, like Maduro’s nephews in Haiti or the failed effort to nab a former intelligence chief in Aruba. Strategically targeted sanctions may contribute to breaking apart two coalitions: domestic supporters of Maduro’s regime, and the coalition of Latin nations that is stymying international efforts against that regime. Finally, the depth of the crisis suggests that there must be a significant international effort to design humanitarian aid and financial reconstruction. On the humanitarian side, as a recent Human Rights Watch report makes wrenchingly clear, Venezuela is facing one of the most horrific self-inflicted humanitarian disasters ever seen in Latin America. Although Latin American nations (led perhaps, by Brazil’s much-vaunted peacekeepers?) may be better able to orchestrate the delivery of humanitarian aid, the United States is uniquely positioned to provide the scarce medicines and equipment that will be needed to put Venezuela on a steadier footing. With regard to financial reconstruction, as CFR’s Robert Kahn has noted, the depth of the crisis in Venezuela means that returning the country to long-term solvency will be a massive project for international financial institutions. Proactive planning is needed to structure a financial reconstruction plan, as well as to engage with Venezuela’s biggest creditor, China, to ensure the plan’s credibility. The U.S. government must also think hard about what political conditions it will require on the ground before it lent its backing to such a significant financial support package. The good news is that the U.S. government already is engaged on many of these fronts. The bad news, unfortunately, is that none of these policies seem likely to bring quick relief to the Venezuelan people. *John Polga-Hecimovich is an Assistant Professor of Political Science at the U.S. Naval Academy. His research interests include comparative institutions of Latin America, especially the executive and the bureaucracy, as well as presidential instability. He has published peer-reviewed articles in The Journal of PoliticsPolitical Research QuarterlyElectoral StudiesParty PoliticsLatin American Politics and Society, and others, and conducted fieldwork in Venezuela, Ecuador, and Brazil. His Twitter handle is @jpolga. Disclaimer: The views expressed in this blog post are solely those of the authors and do not represent the views of or endorsement by the United States Naval Academy, the Department of the Navy, the Department of Defense, or the United States government.
Venezuela
Three Factors Driving Venezuela’s Impasse
[This post was co-authored with John Polga-Hecimovich*] The increasingly dangerous crisis in Venezuela (described in the first post of this series), has been complicated by the political economy of the Chavista regime. Three aspects of the regime as it has evolved under the Nicolás Maduro government are particularly important to understanding where things stand: the policy centrality of the country’s impending debt default; the absence of an adequate exit strategy for many members of the regime; and the central role of the military as a likely guarantor of any solution to the crisis. Venezuela’s sovereign debt is reaching a critical juncture: the country has payments of US$15 billion due by the end of 2017, against foreign reserves of only US$12 billion. Maduro faces an unenviable dilemma: continue to make debt payments and possibly run out of money to finance imports, or default, which could also deepen the government’s cash squeeze by triggering legal action (i.e. bondholder lawsuits) from creditors, limiting even further the foreign exchange inflows the government desperately needs to finance imports of key staples. The regime has so far opted for the first scenario, managing to kick the can down the road by lengthening PDVSA bond maturities through the recent partial swap. If the government defaults, it would be left with three options for financing: reserves (less than US$12 billion), borrowing in bolívares (whose issuance is already creating hyperinflation), or running arrears. None of these options are good. A second major consideration is the degree to which senior government officials and members of the armed forces benefit from their access to power, and would face consequences with a change in the status quo. Many influential members of the regime are suspected of having made small fortunes through arbitrage (raspao) on top of government policies aimed at altering public prices: selling dollars obtained preferentially on the black market; smuggling foodstuffs and other price-controlled goods; and even profiting from high-yield government debt. Government figures themselves have also spoken of more than $20 billion laundered out of the government through outright corruption. Several leading regime figures, including leading military officials (known as the Cartel de los Soles, for the sun-like emblem that decorates general’s uniforms), are known to have profited handsomely from command of drug transit routes from Colombia in the west. Given that these actors face legal prosecution and even international penalties if Chavismo loses power, they are understandably reluctant to see any kind of pacted solution with the opposition—or even engage any meaningful political dialogue. Irregular armed groups, such as the paramilitary colectivos that have played a major role in repressing public protest, would be similarly disinclined to any kind of compromise that might place them in legal jeopardy. Third, and perhaps least recognized by international observers, the military has become an increasingly influential actor within the Maduro regime, and is in many ways a “de facto branch of Chavismo.” Indeed, after his appointment in July 2016 as head of national food distribution and a coordinating chief of staff, Minister of Defense General Vladimir Padrino López has become a co-president of sorts to Maduro. But the military’s role has been building for a long time. Article 328 of Chávez’s 1999 Constitution established that the national armed forces would play a role of “active participation in national development,” and Chávez relied on the force beginning with the national emergency relief and development project, Plan Bolívar 2000, from 1999 to 2001. Chávez politicized the organization beginning with a series of purges and new patterns of regular reassignment after the failed 2002 coup, and he named close senior military officials—both active and retired—to government positions. A large number of cabinet positions, state governorships, and appointments within the state bureaucracy now go to senior officers. Maduro recognizes the enormous power the armed forces wield, as well as their vested interest in maintaining the status quo: he has named officials to cabinet positions, defended and even promoted those hit by foreign indictments, and surrounded himself by senior officers, tying his own destiny to theirs. Given their power and presence in the government, it follows that the armed forces will be the ultimate arbiters of change in the country. Taken together, these three factors mean that a pacted transition in which Chavismo leaves office voluntarily is possible, but increasingly unlikely. Maduro could plausibly reverse policies, and seek to unwind the current mess through significant reforms agreed to with international actors like the International Monetary Fund (IMF), or perhaps China, which holds a third of Venezuela’s outstanding debt. But he seems ideologically unwilling to do so. More importantly, he cannot disavow Chávez’s policies without risking a backlash from Chavistas eager to preserve the ex-president’s legacy, as well as from hardliners like Diosdado Cabello who would stand to lose a great deal from the end of Chavismo. Similarly, a solution in which Maduro steps down in favor of a moderate, like Vice President Aristóbulo Istúriz, seems likely to face internal opposition from the hardliners who have the most to lose. At this point, the options for a constitutional exit are limited. Article 233 of the Constitution stipulates that the president can prematurely leave office or be constitutionally removed via death, resignation, impeachment by the Supreme Court (TSJ), physical or medical incapacity certified by a medical board designated by the TSJ and approved by the National Assembly, abandonment of office as declared by the National Assembly, as well as by recall referendum—but it does not provide for the figure of impeachment by the legislative branch. The opposition’s goal of putting Maduro on trial in the legislative branch is unlikely to be upheld by the courts or respected by the regime. With a defanged National Assembly, packed courts, and a frustrated referendum, Maduro’s resignation may be the opposition’s best, and perhaps only, option. Members of the opposition seem to be calculating that massive street protests will force the government to open up and hold the recall referendum, or prod the military to either take part in negotiations or replace Maduro. A crucial element of this calculus is the hope that the armed forces would balk at violently repressing massive protests, given its role in the 1989 Caracazo (during which as many as 2,000 Venezuelans were killed). This is a brave gamble, not least because the armed forces are not the only armed actors who could be brought in by Maduro or hardliners in his coalition to repress protesters: the National Guard and the colectivos have been very effective in cowing opposition in the past, and as the 2014 protests made clear, the government is not shy about using these actors to violently repress dissent. To summarize, a recall referendum has all but disappeared as an option. Maduro shows no signs of resigning freely. Yet the critical economic situation also suggests that it will be increasingly difficult for Maduro to hold onto power against a restive opposition without resorting to increasingly arbitrary legal maneuvers such as those employed by regime-controlled courts last week, or violent repression of the opposition. The consequence is that the military is now the central player, whether it is as the muscle for an increasingly authoritarian Maduro presidency or as the ultimate arbiter of his removal. With these factors in mind, the next post in this series evaluates the role of the U.S. and the international community in seeking solutions to the crisis. *John Polga-Hecimovich is an Assistant Professor of Political Science at the U.S. Naval Academy. His research interests include comparative institutions of Latin America, especially the executive and the bureaucracy, as well as presidential instability. He has published peer-reviewed articles in The Journal of PoliticsPolitical Research QuarterlyElectoral StudiesParty PoliticsLatin American Politics and Society, and others, and conducted fieldwork in Venezuela, Ecuador, and Brazil. His Twitter handle is @jpolga. Disclaimer: The views expressed in this blog post are solely those of the authors and do not represent the views of or endorsement by the United States Naval Academy, the Department of the Navy, the Department of Defense, or the United States government.
  • Venezuela
    How Venezuela Got Into This Mess
    [This post was co-authored with John Polga-Hecimovich*] By the end of 2017, the Venezuelan economy will likely be less than three-quarters of its 2013 size. Inflation is set to increase from 700 percent in 2016 to a hyperinflationary 1,500 percent next year. Despite the government’s best efforts to continue payments, a crippling debt default seems increasingly inevitable. The human costs of the crisis are readily apparent, with food and medicine shortages, rising infant mortality, and increasing violence. Fully three-quarters of Venezuelans polled claim to want President Nicolás Maduro out. But last week, a series of judicial decisions appear to have quashed one of the most promising routes out of the political crisis, the presidential recall referendum. This string of suspect decisions confirms the Maduro administration’s descent into blatant authoritarianism and cuts off one of the last avenues for the peaceful restoration of a democratic system. Incongruously, all of this is in a country with the richest reserves of oil in the world, where the government has long proclaimed a commitment to social progress, inequality reductions, and popular legitimation. How did Venezuela reach this crisis point, and what could turn it around? The short answer to the first question is a combination of the resource curse, populist spending, and bad policymaking. We briefly unpack these elements in this post. As for the second question of what might be done to overcome the crisis, we discuss what domestic and foreign actors could do to help the country to find a way out from the current debacle in subsequent posts here and here. An Anatomy of Chavista Power The ascendance, popularity, and consolidation of power of the late President Hugo Chávez (1999-2013) was premised on twenty-first century socialism, anti-elite mobilization, and the gradual accumulation of the levers of state power by electoral means. Helped by oil prices, which surged from $10 a barrel in the late 1990s to a peak of $140 in 2008, Chávez was able to build a series of social programs, the so-called misiones sociales, to provide unprecedented services to the popular sectors. Simultaneously, Chávez moved to slowly accumulate power and eliminate checks on his socialist project: he packed the courts, gradually filled the ranks of the military with loyalists (and the ranks of political underlings with these military officials), staffed the state oil company PDVSA with supporters, and systematically dismantled independent media. By the time of his death in 2013, the Chavista state was a hybrid regime—neither a liberal democracy nor an outright dictatorship. As one of its leading critics noted, “if the ’physiology’ of the regime is doubtfully democratic, its ’anatomy’ is formally democratic.” This formal adherence to democracy provided symbolic cover that permitted other Latin American nations sympathetic to the Chavista project to work with Venezuela, despite creeping authoritarian practices such as the imprisonment of opposition leaders, and troubling economic policies such as expropriation. The “Bolivarian” project—founded on Chávez’s devotion to South American liberator Simón Bolívar—gained adherents among other left-of-center governments in the region, and institutional presence through the Bolivarian Alliance for the Americas (ALBA), the Union of South American Nations (UNASUR), and even the transnational media company TeleSur. Left-leaning governments in Argentina, Uruguay, and Brazil worked closely with Chávez, bringing Venezuela into the Mercosur trade bloc out of a mix of ideological affinity and realist calculation that this might enable them to temper his grander plans for the region. And Chávez was masterful in using Venezuelan oil to buy enduring influence with Cuba and the seventeen Caribbean members of PetroCaribe, which enjoy preferential terms on oil purchases from PDVSA. Chávez also benefitted from a ham-handed and internally divided political opposition. The opposition has engaged in bold actions, but often at a net loss to its objective of curbing Chavismo. The short-lived coup of 2002, in particular, backfired spectacularly by providing Chávez an opportunity to question the democratic values of the opposition, while simultaneously allowing him to restructure the armed forces and remake it into a far more ideological and regime-loyal institution. Revelations that the Bush administration had prior knowledge of the coup plans also helped feed Chávez’s anti-Americanism. The oil strike of 2002-2003 likewise provided a justification to remove opponents from strategic sectors, while subsequent boycotts and demonstrations have frequently served to strengthen the regime and demonstrate its superior force. It is also vital to recognize that whatever his faults as a democrat, Chávez had electoral support that frequently exceeded half of the electorate and allowed him to repeatedly outpoll the opposition, which was tarred as excessively elitist. Beginning in 2011, Chávez’s health deteriorated, leading him to tap long-time foreign minister and (later) vice president Nicolás Maduro as his successor. After Chávez’s death from cancer, Maduro narrowly defeated Henrique Capriles of the opposition Democratic Unity Roundtable (MUD) coalition in the April 2013 presidential election. From Bad to Worse Maduro’s time in office has been marked by declining economic and political fortunes. The economy has been devastated by a combination of bad policies, especially currency and price controls; a monoproduct export economy dependent on an especially volatile product whose price has plummeted; and populist spending. Chávez and Maduro share the blame for the country’s bad macroeconomic policy. To deal with loss of revenue from the PDVSA strike in 2003, Chávez fixed the exchange rate between the local bolívar and the U.S. dollar, and gave the government the authority to approve or reject any purchase or sale of dollars. While this was a short-term fix, the measure also became a ticking time bomb. With a decline in dollars under government control after the fall in oil prices in 2009, black market demand skyrocketed (causing some Venezuelans to engage in the so-called raspao and other forms of arbitrage). Instead of lifting currency controls and normalizing the exchange rate, the Maduro government continues to print more money, further raising inflation. Price controls on basic goods, a constant in Venezuela since World War II, have also disincentivized domestic production. What is more, far from heeding Arturo Uslar Pietri’s famous advice that Venezuela should “sow the oil” (sembrar el petróleo), Fifth Republic governments have depended on oil proceeds more than ever to fuel their spending. This has had disastrous consequences as crude prices and production have simultaneously dropped. Oil, which expanded from 80 percent of all exports in 1999 to 95 percent today, is at just over $50 a barrel today. As a consequence of low oil prices and declining PDVSA production, the country is facing a critical shortage of foreign currency, even after a devaluation in February. A ballooning set of payments on the country’s $138 billion debt is approaching, and the government’s efforts at a bond swap have been only partially successful. The government quietly loosened price controls last week in six states, which is allowing stores in those places to import food and sell it at whatever price they please. This is a major development, insofar as queuing for food may decrease in those states, removing a key source of public discontent. However, inflation will still make most products unobtainable to the average citizen, so long-term, the political impact may not be very significant. Meanwhile, despite having borrowed some $65 billion from China since 2005, the country is reportedly running out of the ability to import goods. On the political front, the picture is no better. Clashes with protesters in 2014 left at least 40 dead, and more than 870 wounded. These tumultuous events resurrected fears that the military might once again be dragged into the type of repression against the public that scarred it deeply in the Caracazo protests of 1989. But the government also used the protests as an excuse to arrest opposition leader Leopoldo López, who was sentenced to fourteen years in prison for allegedly inciting the protests. In December 2015, the MUD won a supermajority in the National Assembly for the first time under Chavismo, and by April 2016 it had approved a recall referendum against Maduro (the Venezuelan Constitution of 1999 does not provide for presidential impeachment). Over the past two weeks, a number of developments have deepened the political crisis. The National Electoral Council (CNE) postponed December’s elections for governors and mayors, in which the PSUV seemed certain to suffer. Maduro stripped powers away from National Assembly, most notably by giving the Supreme Court (TSJ) power to approve the budget law. Most recently, as noted above, several criminal courts ruled on 20 October 2016 that signers committed fraud during the first signature collection in June, in what is clearly an unusual act. This last news is particularly disheartening for the MUD and for anyone else holding out hope for a recall referendum in 2016. It all but ensures that any referendum will only take place after 10 January 2017, which would ensure the continuity of Chavismo in office until the 2018 presidential elections, even if it removes Maduro. Pending a final decision from the TSJ, furthermore, it is likely that the referendum will be cancelled altogether, blocking a constitutional path out of crisis. In sum, Venezuela’s descent into an unprecedented political and economic crisis has accelerated. The potential impact could be significant: the continued worsening of humanitarian conditions, increasing political violence, and the likelihood of rising emigration (more than 1.8 million have fled Venezuela since 1999) are all potential consequences. In our next post, we look at the political economy of support for Maduro, and what it means for the possibility of change from within the regime. The third and final post will look at how external actors might alter the conditions that sustain the Chavista regime. *John Polga-Hecimovich is an Assistant Professor of Political Science at the U.S. Naval Academy. His research interests include comparative institutions of Latin America, especially the executive and the bureaucracy, as well as presidential instability. He has published peer-reviewed articles in The Journal of PoliticsPolitical Research QuarterlyElectoral StudiesParty PoliticsLatin American Politics and Society, and others, and conducted fieldwork in Venezuela, Ecuador, and Brazil. His Twitter handle is @jpolga. Disclaimer: The views expressed in this blog post are solely those of the authors and do not represent the views of or endorsement by the United States Naval Academy, the Department of the Navy, the Department of Defense, or the United States government.
  • United States
    Corruption, FATCA, and the Tightening Dragnet Around Brazilian Offshore Accounts
    The Brazilian Federal Revenue Secretariat (SRF) has some good news to cheer: a big haul of fines and taxes from assets held offshore by Brazilians. The deadline for filing under Brazil’s equivalent of the Offshore Voluntary Disclosure Program ends October 31, but news reports suggest that more than US$12.6 billion in foreign bank accounts held by more than 25,000 Brazilians have already been disclosed, leading to fines and taxes of nearly US$4 billion on money ferreted away in accounts that had previously been inaccessible to tax officials. More than a third of that money has been declared in the last week alone, suggesting that by the end of the month, the absolute volume of fines and taxes may be near the amounts collected under a sister program in the United States, whereby 45,000 taxpayers contributed US$6.5 billion to the U.S. Treasury. The voluntary disclosure program is an important part of a broader push to improve government control over Brazilians’ assets abroad. Brazil in recent years has signed a number of agreements governing the bilateral exchange of banking information, and just this month came news that the Swiss high court had upheld efforts to share banking information on more than 1,000 Swiss bank accounts believed to be held by Brazilian politicians and former Petrobras executives. In the past two decades, Brazilian regulators have also closed various glaring loopholes in domestic regulations covering foreign exchange transactions. The SRF has gained personnel and seen its budget increased, enabling it to push for and enforce tougher laws, often in cooperation with the Ministério Público, Brazil’s quasi-autonomous prosecutorial service. Together, these improvements seem to be bearing fruit. Not coincidentally, the massive Car Wash operation began as a money laundering investigation, and revenue agents have played a significant role in the operation. The recent Panama Papers leaks, listing more than 1,300 offshore accounts held by 400 Brazilians, will add fuel to this effort. The speed with which the voluntary disclosure program has come down the pike in Brazil has been impressive. The U.S. Congress approved the Foreign Account Tax Compliance Act (FATCA) in 2010, and the U.S. government launched its program in July 2014. Prodded along by the global implementation of FATCA and associated agreements on the automatic exchange of financial information, the Brazilian Congress approved its Repatriation Law in December 2015 (in the midst of the political crisis that would eventually lead to President Dilma Rousseff’s impeachment), regulations were finalized by March 2016, and now the program is nearing completion. Although they may seem small as a share of the US$3 trillion economy, the taxes and fines collected under the program are extremely significant. Global Financial Integrity estimates that each year between 2010 and 2012, on average Brazilians illicitly transferred more than $33 billion to accounts abroad. While the accounts disclosed under the repatriation program may not always be reflective of corruption or tax evasion, the fungibility of money and the multiple ways it can find its way from illicit to licit channels suggest that it would be ingenuous to assume the assets were all aboveboard. More important, by bringing even ostensibly licit funds into tax compliance, it will be increasingly difficult for major launderers or the corrupt to hide their ill-gotten gains in the murky backwaters of international finance. One reason for the apparent speed and success of the program is the prospect of heavy penalties that will hit Brazilians who fail to register. Under the program, participants agree to a 15 percent tax rate and a one-time 15 percent fine on previously undeclared assets. But in November, the tax rate will rise to 27.5 percent and the fine to as much as 225 percent, along with the increasingly credible and frightening prospect of criminal prosecution. Further, bilateral agreements on bank information sharing suggest the dragnet is closing, and it will be much harder to hide funds in future. SRF officials have made a concerted effort to drum home the costs of non-adherence to the program, noting that as of January 1, 2017, they will have in place agreements with 103 countries for automatic tax revenue information sharing, as well as bilateral agreements on investigation with 34 countries. Another recent report detailed the SRF’s analysis of nearly 1,000 high net-worth Brazilians with bank accounts in the United States, and authorities’ suspicions that nearly two-thirds of these were evading Brazilian taxes. While the admirable recent gains in Brazilian anticorruption efforts should be credited entirely to Brazilian authorities and their supporters in civil society, their recent successes will be helped along immensely by FATCA and the attendant effort to share financial data across borders. As one leading Brazilian tax official boasted, “the world is beginning to have no boundaries for the [SRF].” No longer will investigators lose track of the trail at the water’s edge; indeed, the information made available under the program should help to invigorate the increasingly bold efforts to curb massive corruption at the intersection of Brazilian politics and business.