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Headquarters of Sberbank, one of the Russian institutions under U.S. sanctions
Headquarters of Sberbank, one of the Russian institutions under U.S. sanctions REUTERS/Sergei Karpukhin

Have Sanctions Become the Swiss Army Knife of U.S. Foreign Policy?

The Congress takes an important, positive step to reinforce Russian sanctions, but are we at risk of overusing the sanctions tool?

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Europe
Cyprus Reopens for Business: Now What?
The banks in Cyprus reopened today, with severe capital controls in place.  Withdrawals by residents are limited to €300 per day; local businesses are limited to a maximum of €5,000 per day.   Cross-border credit card transactions are limited to €5,000 per month, and border controls prevent travellers from taking more than €1,000 in bank notes out of the country per trip.  Beyond these totals, payments for imports are subject to strict documentation. The Cyprus stock market remains closed until next week. The Cypriot government and central bank have defended the controls as temporary, but they could be in place for months.  Given the financial pressures that exist, and the difficulty any Cyprus bank will have reestablishing credibility after the events of the last two weeks, the controls will not be able to come off until the ECB is willing to fully back the banks, regardless of adequacy of collateral or credit quality.  (Iceland, which does not have the ECB standing behind it, still has controls in place from the crisis.) European policymakers, including the ECB, have endorsed the controls, and it’s expected the IMF would do so when it approves the program.  Under the Fund’s Article VIII(2)(b), it can approve (and potentially provide additional legal protection for) controls its sees as necessary for successful completion of the program. The experience of many emerging markets putting controls like these in place during crisis is that they can be effective, though evasion increases with time, and that the political and economic costs of maintaining such controls is high. Policymakers in Cyprus and Europe thus face a tough balancing act in finding the right timeline for removing the controls. The events in Cyprus have been a reminder that, despite market calm over the last few months, the crisis in Europe is far from over.  Periphery banking systems remain vulnerable, the conditions for a healthy monetary union remain a distant hope, and the framework and policies Europe has in place for crisis resolution remain inconsistent and, at times, incoherent. What lessons can we draw for how Europe will respond to periphery countries facing crisis in the future, as well as for other offshore centers with financial systems many multiples of their host countries? One view is that the Cyprus rescue package is a template for future rescues. Eurogroup president Jeroen Dijsselbloem called the deal a “model” of “pushing back the risks” of paying for bank bailouts from taxpayers to private investors.  He later pulled it back a bit, and periphery finance officials have sought to distance their own situations from that of Cyprus, but he may be right. Cyprus could set a precedent for a US-style bank resolution system, in which large banks can be allowed to fail and be wound down, and creditors assigned losses based on traditional creditor rankings.  Private sector involvement would be established as policy well ahead of the 2018 deadline earlier envisaged. The ESM would still be needed for cases where sovereign debt remained too high, but in the first instance would be a backstop to the sector itself. The attraction of this approach for bailout weary European creditors seems obvious. The alternative argument is that Cyprus’s solution represents more evidence of a new tougher line with small, poorly performing countries in the periphery, and not a precedent for Portugal, Spain or Italy. In either case, Cyprus shows European policymakers willing to tax depositors because, as Willie Sutton famously is quoted as explaining why he robbed banks, “that’s where the money is.”  In contrast, the government still maintains it will make payments on its external debt, though it may be hard to explain after the events of the last few weeks why it would continue to pay external creditors in full while domestic depositors suffer losses.  In this respect, it’s a reminder that local law is weak protection for creditors when the European’s willingness to provide financing fails to fill the gap. In sum, compared to the initial proposal that taxed insured deposits while leaving more junior creditors untouched, the final deal gets the creditor prioritization right, hits uninsured deposits at the two top banks hard while leaving insured depositors untouched, and gives the government broad powers to restructure banks and impose capital controls.  In sum, about as good a job of getting out of the hole European policymakers dug for themselves as could be hoped for. Still, the contagion to investors elsewhere is likely to be significant.  Uninsured depositors, especially from outside the EU, are likely to flee, while even insured depositors are likely to be wary given events of the past week.  Further, the freeze and subsequent rapid deleveraging of the banking system likely will drive a sharp decline in activity in Cyprus.  There is no clear roadmap for restarting the banking system and getting lending going without massive capital flight. The risks that the program will fail are high.
Europe
Cyprus: Endgame?
One of the striking features of the Cyprus crisis is the extent to which the ECB is driving the process.  It was their threat to stop the flow of easy money to Cyprus that forced agreement on the earlier failed tax plan.  Now, their threat to cut Cyprus’ access to Emergency Liquidity Assistance (ELA) if the government does not have an EU-IMF approved program in place by Monday accelerates events. With the banks closed and cross-border payments suspended, the immediate impact of a decision to terminate ELA would be muted.  But without such funding, it will be virtually impossible for the major banks to restore normal operations, and reopening the banks would result in cascading failures through the entire financial system and the real economy.  The intent clearly seems to be to force the government to the table. Will it do the trick?  By next week, we may well know if there is a path for Cyprus to remain in the Eurozone. The ECB is right in emphasizing that the ELA is only for solvent banks, but that hasn’t stopped them in the past from fudging the criteria to support countries during often protracted negotiations with the Troika.  ELA funding to the banks in turn financed the purchase of government paper.  So, while such a facility is and should be in the ECB’s monetary toolbox, in circumstances like the present its primary effect is to provide fiscal financing (and often the only financing available to governments).  It is a dangerous game in that, along with the other facilities provided during the crisis, it exposes the ECB to a great deal of credit risk.  With the ECB having already extended €9 billion in ELA credit to Cyprus, I understand why they want to change the rules, but it’s worth asking why now. More bad ideas Now that the Cypriot government’s effort to raise emergency financing from Russia and pressure Europe to soften terms has run out of steam, reports are that it has developed a new financing plan. Insured deposits would be exempted from tax, the large, non-insured deposits in solvent banks would be taxed 5 percent (down from 9.9 percent in the original proposal), and any insolvent bank would be split into a good bank and a bad bank (uninsured deposits presumably would go with the bad bank, rendering them worthless).  The government also would issue a bond backed by natural gas. The remainder of the needed financing would come from the transfer of the reserves of the state pension fund (€2.5 billion) and other state assets. Wait a minute.  State pension funds now hold reserves and invest in government debt.  By seizing these funds, the government swaps debt claims for a contingent, future liability to retirees.  It may produce lower debt on paper, and it does provide cash for the government now that the ELA ATM has been turned off, but in economic terms its does nothing to produce a more sustainable debt profile.  Similarly, an oil linked bond may be worth considering (though a case like this with such high uncertainty, markets may not pay much for the link to natural gas) but it also boosts debt above levels the troika has firmly stated is more than the country can handle.  On these grounds, I would hope that the Troika promptly rejects the plan.
Europe
Cyprus: What’s Next?
It now appears that the Cypriot Parliament will reject the government’s amended plan for haircutting deposits. The revised proposal, which reportedly exempted depositors under €20,ooo, satisfies almost no one–Cypriot depositors, the Russians, nor European creditors (including their increasingly agitated banking regulators).   The government looks ready to try and renegotiate the bailout, but no creditors have stepped up to fill the hole left by the failure of the tax.  There may be pressure on Cyprus for additional fiscal measures, but it’s hard to see that as confidence boosting given the damaging growth effects we have seen in the periphery following aggressive fiscal cutting. The most likely scenario would seem to be to revise the tax to fully exempt insured depositors.  But how to fill the gap while still maintaining a viable debt path?  One approach would be to restructure the sovereign’s €8.2 billion debt.  I have blogged in favor of this in the past. Whether or not it becomes part of the plan, I think the government will have a hard time explaining to its citizens why external bond holders are being paid in full while they are being taxed. One thoughtful approach on how to move forward has been tabled by Lee Buchheit and Mitu Gulati.  Their plan has three elements: 1.  Protect all insured depositors (no tax). 2.  Uninsured deposits in excess of €100,000 would be replaced, at par, with interest-bearing and tradeable bank certificates of deposit. A menu of different rates and maturities could be offered, and the CDs could be partly secured by natural gas revenues.  (I would add here that the CDs could alternatively include an option that would pay out if the government is successful in exploiting its natural gas reserves.) This would mean a loss to depositors in net present value, but provides security and principal conservation. 3.  The maturity dates of all sovereign bonds would be extended by five years, without a haircut to interest or principal. This approach would reflect a rank ordering of creditors that makes sense (and more closely matches the principles of creditor ranking in bankruptcy), as well as a more politically sustainable burden sharing.  It would lock in funding for the banks.  Most importantly, it keeps Cyprus’ main creditors "at the table".  If good policies and a natural gas boom makes Cyprus’ debt and fiscal policy sustainable, creditors would avoid a loss of principal and perhaps even capture some upside; if not, the future restructuring could be calibrated to the need.  Anna Gelpern and Felix Salmon also have analyses of the proposal out. Whatever path is chosen, they need to move quickly.  The bank holiday is unsustainable for long on political and economic grounds, and if not resolved the question of euro exit could move to center stage.
  • Europe
    Cyprus on the Edge
    Over the weekend, Cyprus agreed to a package of measures in order to receive a €10 billion rescue package.  Most significantly, they agreed to a tax of 6.75 percent on all bank deposits under €100,000 while accounts over that threshold would be hit with a 9.9 per cent levy. Following broad unrest, and without the votes in Parliament to pass the tax, the government is today considering revising the tax to put more of the burden on the large, uninsured deposits.  The Cyprus parliament has called an emergency session, and a bank holiday remains in effect.  Euro markets are down 1 to 2.5 percent today. The Cypriot government, and European leaders more generally, appear to have badly misread public opinion. Russia, whose involvement is critical to the deal, called the tax "unfair, unprofessional and dangerous."  A decision to reduce the tax on small deposits and put more of the burden on large (mostly Russian) deposits likely will not be well received in Moscow. This should be an interesting week.
  • Europe
    Why Cyprus Matters
    Cyprus measures 0.2 percent of the Eurozone economy.  A proposed rescue package is only €17 billion, of which perhaps €9 billion will be used to recapitalize banks weighed down by bad loans and losses on the Greek government debt.  A new government has signaled its commitment to reform, and creditors want to get a deal done by end month, before government cash reserves run out and well ahead of a €1.2 billion June debt maturity.  Yet, as European leaders meet, negotiations look to be deadlocked.  What happens next matters:  because of concerns about contagion and for what it tells us about the future course of European policy, Cyprus punches above its weight. The problem, which we have seen before through the periphery of Europe, is that the proposed package will leave Cyprus with an unsustainable debt level and an economic reform path neither markets nor policymakers believe can be sustained.  If the entire package is financed with new lending, Cyprus’ debt rises to from just over 90 percent of GDP today to around 140 percent GDP. Optimists note that Cyprus has large natural gas reserves that will ultimately provide the resources to make good on the debt, but there are significant political and economic hurdles to overcome to make that happen.  Given fiscal and structural imbalances and negative growth, it’s hard to make a convincing argument the program will succeed. A restructuring of Cyprus’ liabilities would both reduce the near term financing needs and provide a sustainable level of debt in the medium term, as well as help creditors with the politics of a bailout of a banking system alleged to have facilitated tax avoidance and money laundering.  The debate appears centered on uninsured or large value deposits, and subordinated debt of the banking system. Deposits could be haircut through a domestic “solidarity tax” or restructured through a conversion of demand deposits to term deposits.  This seems the most likely scenario, but substantial concern about contagion to deposits in other periphery countries has prevented agreement. A second option would be for Europe, concerned about contagion and loathe to admit that Greece was not unique, to kick the can down the road with a financing package that leaves bank and sovereign creditors untouched.  The problem, in addition, to the optics of rewarding bad behavior, is financing the larger gap. A better approach would be to look at the full range of liabilities that make Cyprus’ position untenable, including the sovereign as well as the banks.  That would point to both a restructuring of the government’s private external debt (PSI), and for relief on its official sector claims (OSI).  The former seems unlikely given Europe’s concerns about contagion and precedent, while the latter is a red line Europe will not cross, at least not before German elections this fall. An external debt restructuring could be done quickly, would allow the burden sharing to be spread more broadly, and even if done on relatively market friendly terms would have the advantage of keeping private creditors “at the table.”  In contrast, delaying the restructuring with a series of short-term financings allows private creditors to exit, putting more of the cost of restructuring on European governments.  Some would welcome that as part of their federal vision for Europe, but it’s hard to see how that helps Europe to get to the governance reforms necessary for better crisis management. Cyprus is pressing for agreement on a package by the end of the Month, before the government runs out of funds.  During this period, the primary source of funding for the government is likely to come from domestic banks, which in turn are funded by the Emergency Liquidity Assistance (ELA) facility through national central banks.   The harder deadline is a June 3 external debt amortization. Finally, here are five issues or questions to keep in mind while watching the debate unfold Mind the Gap.  There has been talk of assuming a smaller gap, perhaps E10 billion, through rosy assumptions and perhaps delaying the full recapitalization of the banks.  This likely would be resisted strongly by the IMF and experience suggests that would be counterproductive, further undermining the credibility of the package. Imf – In or Out?  In addition to the financing challenge, the IMF reportedly has serious concerns about the sustainability of Cyprus’ debt, and wants debt to GDP to be reduced to around 100 percent no later than 2020, and perhaps sooner.   If the program goes ahead, without any bail-in or on unrealistic assumptions, the IMF could withdraw its financial support for the program (while continuing to provide technical assistance and an assessment).  As with Spain, an EU-only financing package provides Europe with more flexibility to kick the can, at the risk of a loss of credibility. What’s the “adjusting” finance?  Recall that, in Greece, the financing gap was not filled until the last minute, and the residual or adjusting finance came from an increased haircut on private bondholders.  Similarly, this negotiation is likely to noisy, contentious, and come together only at the last minute.  How will the financing gap be closed at the end? There are hopes in Europe that it will be the Russian government, given the involvement of their citizens in the Cyprus financial system.  I’m not sure why Russia should agree, beyond perhaps an extension of maturing claims.  For this reason, the debate on PSI is not over. What does it all mean for Greek banks?  Greek banks could be hit hard by any restructuring in Cyprus, and a desire not to undermine the recent bank recapitalization there would work against a bail-in of private creditors, or lead to a Greek carve out. How does Italy figure in?  There is little question that the Italian elections have changed the political dynamic in Europe.  But how will this play out here?  Public reaction against austerity argues for more gradual paths for fiscal adjustment, and thus more financing.  Facing significant Italian uncertainty, some feel policy should take unnecessary risk off the table, so why go for PSI now?  On the other hand, one could argue that Italy makes it all the more important that Cyprus be held to a strong program, with burden sharing.  To do otherwise would suggest that bad behavior is rewarded while serious efforts to adjust are not.