US hedge fund seizes Argentine naval ship

The ARA Libertad is now the property of Elliott Capital Management.

An American hedge fund has seized a ship owned by the Argentine navy from a Ghanaian port, as part of an attempt to collect on bonds purchased after Buenos Aires defaulted in 2001.

The fund, Elliott Capital Management, has been engaged in a long-running legal battle with the Argentine government. It specialises in what is euphemistically termed "distressed debt" – it buys up bonds held by countries which are extremely likely to default, or which have already defaulted. As a result, it gets them for a pittance, around one fifth of face value.

The strategy from there is to refuse to accept the default. If it does not voluntarily enter into any debt-swaps, then the company can continue to claim it is rightfully owed the full amount on the bonds. If, eventually, it gets paid, a massive profit has been earned.

This tactic has led to Elliot, and other funds which operate in a similar manner, being dubbed a "vulture fund", profiting from dead or dying economies. The firm itself insists it only takes action against countries that can afford to pay, but choose not to.

The decade-long fight to recover the face value of the Argentine bonds has been carried out on a number of battlefields, from the US Courts to the World Bank (£), but the latest turn is the most nautical of them all.

The seizure, of a 100m-long tall ship staffed by 200 sailors, appears to have been planned for some time by Elliott. The FT reports (£):

Elliott had been waiting for the ship to stop in a port where it would have a chance to enforce legal judgments previously awarded by UK and US courts. The hedge fund declined to comment. . .

US and UK courts have awarded $1.6bn in claims in [Elliott's] favour, but Argentina has taken a tough line on lingering holdouts, saying there will be no further offers.

If a US court ruling from February 23 is upheld on appeal, Argentina must pay interest to Elliott before making any payment to holders of bonds issued in the 2005 and 2010 swaps. An appeals ruling has not yet been issued.

The Libertad, which Elliott expects to be awarded ownership of, has been estimated in value at between $10m and $15m.

The vessel, a tall ship used by the Argentine Navy to train sailors and a former holder of the world speed record for a transatlantic crossing by sail, was on a graduation tour. It is free to leave the Ghanaian port of Tema if Buenos Aires posts a bond with the court, which Elliott would then also seek to recover.

In the long-run, Elliott will still rely on winning court cases to pressure the Argentine government into paying the outstanding loan in cash, rather than boats.

The ARA Libertad in better days. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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Former MP Bob Marshall-Andrews: Why I’m leaving Labour and joining the Lib Dems

A former political ally of Jeremy Corbyn explains why he is leaving Labour after nearly 50 years.

I’m leaving home. It’s a very hard thing to do. All of my natural allegiances have been to Labour, and never had I contemplated leaving the party – not even in the gloomy years, when we were fighting Iraq and the battles over civil liberties. I have always taken the view that it’s far better to stay within it. But it has just gone too far. There has been a total failure to identify the major issues of our age.

The related problems of the environment, globalisation and the migration of impoverished people are almost ignored in favour of the renationalisation of the railways and mantras about the National Health Service. The assertion that Labour could run the NHS better than the Tories may be true, but it is not the battle hymn of a modern republic. It is at best well-meaning, at worst threadbare. I don’t want to spend the rest of my life talking about renationalising the railways while millions of people move across the world because of famine, war and climate change.

The centre left in British politics is in retreat, and the demise of the Labour Party has the grim inevitability of a Shakespearean tragedy. Ironically, history will show that Labour’s fatal flaw lay in its spectacular success.

Labour is, in essence, a party of the 20th century, and in those 100 years it did more to advance the freedom and well-being of working people and the disadvantaged than any other political movement in history. The aspirations of the founding fathers – access to education, health and welfare; equality before the law; collective organisation; universal franchise – have all to a large extent been achieved. The party’s record of racial and religious tolerance has been a beacon in a century of repression. These achievements have been enshrined in the fabric of British society and reproduced across the world.

The success brought deserved, unprecedented power and created political fortresses across the industrial heartlands of Britain. But with power, the party became increasingly moribund and corrupt. The manipulation of the union block vote at party conferences became a national disgrace. The Labour heartlands, particularly Scotland, were treated like rotten boroughs, and were too often represented by union placemen.

Instead of seeking a new radicalism appropriate to the challenges of the age, New Labour sought to ambush the Tories on the management of market capital and to outflank them on law and order: a fool’s errand. It inevitably succumbed to another form of corruption based on hubris and deceit, resulting in attacks on civil liberty, financial disaster and catastrophic war.

The reaction has been to lurch back to the status quo. The extraordinary fall from a massive majority of 179 in 1997 to a political basket case has been blamed on the false dichotomy between Blairism and the old, unionised Labour. Both have contributed to the disaster in equal measure.

I believe desperately in the politics of the 21st century, and Labour is at best paying lip service to it – epitomised in its failure to engage in the Brexit debate, which I was horrified by. The Liberal Democrats are far from perfect, but they have been consistent on Europe, as they were in their opposition to the Iraq War and on civil liberties. They deserve support.

But it’s a serious wrench. I’m leaving friends, and it hurts. Jeremy Corbyn was a political ally of mine on a number of serious issues. We made common cause on Tony Blair’s assaults on civil liberty and the Iraq War, and we went to Gaza together. He has many of the right ideas, but he simply has not moved into addressing the major problems.

To be blunt, I don’t think Corbyn is leadership material, but that is aside from politics. You need skills as a leader, and I don’t think he’s got them, but I was prepared to stick it out to see what happened. It has been a great, gradual disappointment, and Brexit has brought it all to the fore.

Frankly, I was surprised that he announced he was a Remainer, because I know that his natural sympathies have lain with a small cadre within Labour – an old-fashioned cadre that holds that any form of trade bloc among relatively wealthy nations is an abhorrence. It’s not: it’s the way forward. Yet there are people who believe that, and I know he has always been sympathetic to them.

But by signing up and then doing nothing, you sell the pass. Labour was uniquely qualified to confront the deliberate falsehoods trumpeted about the NHS – the absurd claims of massive financial dividends to offset the loss of doctors
and nurses already packing their bags – and it failed. Throughout that campaign, the Labour leadership was invisible, or worse.

At present, there is a huge vacuum on the centre left, represented in substantial part by an angry 48 per cent of the electorate who rejected Brexit and the lies on which it was based. Politics, like nature, abhors a vacuum. There is no sign from Labour that the issue is even to be addressed, let alone actively campaigned on. The Labour leadership has signed up to Brexit and, in doing so, rejected the principles of international co-operation that Europe has fostered for half a century. That is not a place I want to be.

The failure to work with, or even acknowledge, other political parties is doctrinaire lunacy. And it will end very badly, I think. The centre left has an obligation to coalesce, and to renege on that obligation is reneging on responsibility. Not to sit on the same platform as other parties during the Brexit debate is an absurd statement of political purity, which has no place at all in modern politics.

The Liberal Democrats have grasped the political challenges of the 21st century as surely as their predecessors in the Liberal Party failed to comprehend those that faced the world a century ago. For that reason, I will sign up and do my best to lend support in my political dotage. After nearly 50 years as a Labour man, I do so with a heavy heart – but at least with some radical hope for my grandchildren.

Bob Marshall-Andrews was the Labour MP for Medway from 1997 to 2010.

As told to Anoosh Chakelian.

This article first appeared in the 27 April 2017 issue of the New Statesman, Cool Britannia 20 Years On

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