Advantages of issuing bonds under Greek law are there for the taking 
  New taxes on existing coupons and haircut on new gov’t paper may lead to speculators’ nightmare  
By Dimitris Kontogiannis - Kathimerini English Edition
 European statistics agency Eurostat’s sharp upward revisions of the  country’s deficit and debt figures have made debt dynamics more  challenging and reduced Greece’s chances of accessing the international  bond markets in 2011 or 2012.
 
With the newly unveiled 2011 budget  deficit target seen as difficult to attain in a weak economy, the  government will have to go back and review its strategy and perhaps take  advantage of the fact that Greek bonds have been issued under local  law.
As expected, the classification of 13 public corporations and  organizations along with changes in the surpluses of social security  funds, the recording of off-market swaps and an increase in accounts  payables lifted the 2009 deficit to 15.4 percent of gross domestic  product and helped push the estimated deficit to 9.4 percent of GDP in  2010.
This necessitated austerity measures of more than 14 billion  euros to cut the 2011 budget deficit to 17 billion euros from an  estimated 22 billion this year, contributing to the decline of economic  activity for a third year in a row. Coupled with consumer confidence  being at an all-time low and weak public and private investment  activity, the economy is now expected to shrink by 3.2 percent in 2011,  making it more likely that unemployment will peak around 15 percent in  2012 instead of 2011.
Even more important from private investors’  point of view, the public debt-to-GDP ratio was revised to about 128  percent in 2009 and is projected to rise to 159 percent in 2012. This  definitely hurts sentiment and makes it more difficult for Greece to  issue bonds in 2011 and even 2012. It must be noted that the country  should have received 38 billion euros from the European Union -  International Monetary Fund mechanism in 2010 but this will not be the  case since part of the third tranche, equal to 9.0 billion euros in  total, is expected to be disbursed in December and part of it – 6.5  billion euros from the eurozone – in early January 2011.
 The delay in  the disbursement of the third tranche is widely seen as a message to  Athens to comply with the terms of the memorandum signed between Greece  and eurozone members and the IMF last May.
Assuming the Greece  complies, it is due to get 40 billion euros in 2011 and 24 billion euros  in 2012 before the program winds down with 8 billion euros in 2013. 
By  all accounts, the 2012 funding from the mechanism is not enough to fully  cover the county’s borrowing needs that same year. Although market  conditions at the time and Greece’s fiscal progress will play a role in  convincing foreign bondholders to buy its new debt at reasonable yields,  the high public debt-to-GDP ratio makes it less likely.
However,  to have a more accurate picture of the country’s debt dynamics, one  should also take into account a few more factors. First, Greece’s GDP is  likely to be revised upward at some point in 2011. The GDP was revised  by 9.6 percent back in 2006 and is likely to be revised by a similar  percentage this time around. Assuming this is the case, the debt-to-GDP  ratio is likely to fall by about 10 percentage points.
Second, 10  billion euros in debt has been earmarked for the Financial Stability  Fund, which has been set up to as a backstop facility for Greek banks.  If no bank uses the facility or taps into it and repays it by 2015, this  amount will not count as part of the country’s public debt. It should  be noted that 10 billion euros is equivalent to 5.5 percent of GDP.
Thirdly,  a good portion of the additional debt stemming from Eurostat’s  revisions is owned by local banks, reducing the country’s reliance on  foreign investors.
Although the above adjustments make the  debt-to-GDP ratio look less appalling, it is still very high. Moreover,  given the country’s high borrowing needs of 70 billion euros or more a  year in 2014 and 2015, it still makes debt dynamics look challenging.
Some  may disagree, considering it a sign of weakness, but the truth of the  matter is that an extension of the repayment of debt owed to EU/IMF  would smooth out the country’s refinancing needs over coming years.  Still, Greece will have to seriously consider whether it should exploit  the advantage of having most of its bonds owned by private investors  issued under Greek law.
Of course, it is better to enter into such  discussions with your creditors when you run a primary budget surplus  because you are in a better negotiating position. 
After all, you are  able to more than cover your expenditures without including interest  payments with your revenues. However, if you think you are unable to  attain such an outcome in the foreseeable future, you may have to revert  to the Greek law and take advantage of it.
What we mean is very  simple and seems to be the speculators’ nightmare on the credit-default  swaps market. One buys these credit derivatives, called CDS, on  sovereign debt either to bet for or against a country’s default or hedge  one’s position against losses in case it defaults.
Greece can,  under local law, decide to heavily tax the coupons of existing bonds,  making them less attractive to their holders in exchange for offering  new bonds at a smaller nominal value, known as a haircut, which will be  stipulated to be tax-free. Of course, this would require some  cost-benefit analysis, especially with respect to its impact on the  banking sector, but it could be done.
The government should think  very hard about taking advantage of having issued bonds in the past  under Greek law to obtain a sizable haircut from existing private  bondholders if it thinks a primary budget surplus is not feasible in  2011-2012.
(Kathimerini.gr)
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Da leggere.
Introduce nella discussione intorno all'haircut variabili legate ad obbligazioni emesse con "diritto greco".
Oltre alla solita "furbata" sull'avanzo primario...
A questo punto sarebbe interessante capire quali sono le obbligazioni emesse secondo "diritto greco" ...