A different Russia

It’s not every day Russia gets a new president. In fact it is eight years since the last one, Vladimir Putin, the former KGB operative who turned out to be highly provocative in the usual tradition of the old Soviet Union’s heads of state. After all, Boris Yeltsin was hardly non-controversial with his quixotic foreign policy and unpredictable style of politics.  And before him there was Mikhail Gorbachev who ushered in nothing less than a revolution.

Could it be that Dmitry Medvedev, who took over on May 7, will be the first Russian president not to fascinate and alarm the west in equal measure? Certainly, Poland’s foreign minister Radoslaw Sikorski thinks the 42 year-old former lawyer could herald a new era. As he told journalists in late April, Medvedev was “an interesting person because he is the first Russian leader in my memory who doesn’t come from the Communist party or the security services. It is a hopeful development.”

At last, a boring Russian President?
While not exactly boring, Russia is not the country it was eight years ago. Medvedev assumes control of a vastly stronger economy than the almost lawless one that Putin inherited. By dint of the out-going president’s “authoritarian capitalism”, the economy has been knocked into a semblance of western-style shape that is regarded as incomparably better than the one prevailing in the first few years after the disintegration of the Soviet Union. That was a period when even Soviet economists openly deplored the activities of the oligarchs who practically looted state assets in what was dubbed the “wild east”. As a (legitimate) businessman mourned at the time: “What we need is for Russia to become boring.”

Most observers give the Putin regime high marks for saving the economy from ruin. He has presided over average annual economic growth of nearly seven percent following the collapse of the rouble in 1988, a crisis that left Russia almost bankrupt. In nominal dollar terms, gross domestic product has exploded by six times in the last eight years. And while the public finances of several European economies are in deficit, Russia’s are almost a model of fiscal rectitude with $500bn of reserves locked away in the form of gold and foreign exchange.

Gains are shared
More importantly, the average Russian has enjoyed the benefits of the economy’s recovery with average monthly wages multiplying by eight times to $640 since 2000. The citizens’ new-found spending power – up by 11 percent a year in terms of real disposable income – is reflected in the phenomenal surge in the retail industry, and especially in luxury brands for which Russia has overnight become the world’s fastest-growing market. Western retail chains from Zara to Monsoon, Starbucks to Costa’s, have moved quickly to service a consumer market that will at the current rate of development become Europe’s biggest within seven short years. Indeed it was the headlong growth rates in brewer Scottish & Newcastle’s Russian and neighbouring markets – up 30 percent-plus for brands such as Baltika – that attracted the successful bid from Heineken.

Home-grown retailers have rapidly adopted western-style, customer-pleasing techniques that were infamously absent in the Soviet era. One of the fastest-growing is the Magnit discount supermarket – Russia’s Tesco – which has built up a 2000-outlet chain from almost a standing start ten years ago. Opening a new store every single day on average for the past three years, Magnit has introduced to Russians a wide range of affordable products for the first time.

However Medvedev certainly has work to do. Remarkable as it is, the Putin-engineered turnaround has come at a price. Inflation ran at nearly 12 percent last year and looks to be accelerating so far this year, partly because of the soaring, worldwide price of commodities that is affecting every corner of the economy. According to research by Russia-based investment funds, the cost of construction materials has risen by 150 percent in just 18 months, a phenomenal increase that could put in jeopardy the Kremlin’s plans to spend $1,000bn on a vast update of the nation’s infrastructure that would include everything from bridges to railways.

Additionally, a savage spike in food prices must be quickly reined in. According to finance minister Alexei Kudrin, the retail price of some food items shot up by 40 percent in a wild bout of commodity inflation late last year. These are events that Russians do not readily understand, as Kudrin observed in a recent interview. This is because most of them grew up in a totalitarian environment of brutal solutions, even if they only served to paper over the cracks. “Russia’s economy emerged from the Communist command economy, so some people lack an understanding of market mechanisms,” he said. “They think if the state has money it can solve any problems.”

$160bn to invest
Additionally, it is a measure of the abyss to which the economy sank before Putin’s election that in real terms gross domestic product has only just been restored to the level of 18 years ago. A steady hand on the helm who gets much of the credit for guiding Russia through this turbulent time, Kudrin reportedly had to fight all the way against the old-school, economically illiterate and xenophobic hard-liners known as the siloviki.  One of the finance minister’s hardest jobs has been to protect a cushion of reserves from the clutches of those who have all too quickly forgotten the cataclysmic event that triggered the crash of the rouble. He is sitting on a mountain of petrodollars – nearly $160bn in total invested in the Stabilisation Fund – that less prudent parties such as the oligarchs argue should be released into the general economy.

Instead, in late April it emerged that some $25bn will be converted into a sovereign wealth fund for investment in a wide range of global companies along the same lines as Norway’s long-established and much-admired fund.

“We would take holdings of no more than 3-4 percent,” explains deputy finance minister Dmitry Pankin in a remark that will relieve those countries, especially in western Europe, that feared the fund would be much more aggressive. “There would be no controlling shareholdings.” At least, not for a few years.

A well-intentioned sovereign wealth fund may go a long way to allaying some of the fears raised by Putin’s increasingly aggressive attitude towards the west. Certainly, he alarmed Germany’s Angela Merkel who is nervous about the out-going president’s use of Gazprom, the giant gas monopoly, almost as a geopolitical weapon. Headed by Alexei Miller, a long-time ally of Putin, Gazprom has declared its intentions of reaching a market value of $1,000bn, or more than four times its present value. As Merkel knows, such growth cannot come solely from within Russia. Gazprom has its eye on western energy assets.

Distrust of the west
As a former KGB man operating in East Germany’s Leipzig, Putin seems never to have shaken off an instinctive distrust of the west. Although president Bush greeted his (almost simultaneous) accession to power with the encouraging observation that Putin “is a man we can do business with”, relations with the United States and the west in general have deteriorated markedly since, notably because of Russian support for anti-independence rebels in the old satellite nations.

For instance in Georgia, a nation eager to do business with the west, its multi-lingual, France and US-educated young president Mikheil Saakashvili complains that Russian-backed separatists have fired missiles at his helicopter from the region of South Ossetia within his own country’s borders. And Putin has frequently resorted to bullying to try and crush what he regards as dangerously pro-western activities; in 2006 he banned the import of Georgian wine as a gesture of his displeasure among numerous other similar trade-based retaliations.

Meantime the dominant role of Putin-made appointments in Russia’s biggest companies ensures that he will continue to exercise an enormous sway over the commercial world inside and outside the country long after he steps down from his new role of prime minister. As well as Gazprom’s Alexei Miller, other Putin friends occupy the top jobs at defence-industry giant manufacturer Russian Technologies and Russian Railways.

Good relations with the Kremlin have proved the essential prerequisite for doing business in Russia. Without them, oligarchs have found some of their prize assets being plundered by what are effectively state-authorised actions. For instance Mikhail Fridman, who heads an oil to grocery conglomerate, may soon lose control of a 50 per cent stake in the Anglo-Russian TNK-BP oil company to Gazprom after a concerted bout of pressure from the government.

A baby-sat president?
The big question for Russia-watchers is the degree to which the new president will be his own man. According to Igor Yurgens, a former executive secretary of Russia’s peak business lobby group, the handover of power will come slowly as Putin fills the baby-sitting role of prime minister.  However he credits Medvedev with the ambition of modernising Russia through the introduction of younger, outward-looking professionals. “The extent to which he will be allowed to do this is not clear but he wants reformers, pro-west people and not xenophobic patriots”, summarises Yurgens, now the head of the Institute of Contemporary Development.

The new president’s background gives cause for optimism. For a start, he is not from the KGB. Medvedev is a lawyer, the son of university professors, and a fan of rock music who treasures his collection of Deep Purple albums. Within the Kremlin he is seen as the leader of a liberal-minded group of technocrats anxious to complete the process of converting Russia into a modern and rational economy. According to one informed analysis, the new president’s style will be a “controlled liberalism”.

Encouragingly, after his anointment for the top job, Medvedev had no reservations about arguing the case for reform, especially of the judicial system and the legislative process. If nothing else, this is a position that puts him firmly outside the ranks of the siloviki.

Meantime the new president will have a lot to discuss with his opposite numbers at the EU-Russia summit in June, and they with him.

China crisis

The Chinese economy has been growing at breakneck pace in recent years. Annual increases in gross domestic product in the 9-11 percent range mean its economy is now nudging up against Germany for the position of the world’s third largest, having overtaken the UK and France.

That extraordinary economic boom has lifted millions of Chinese citizens out of poverty, inspired economic reform and competition from other countries, and driven global flows of trade, capital and talent.

Western companies that used to see China as little more than a low-cost manufacturing base now see it is an important market in its own right. Many are clamouring to sell their products and services to its burgeoning middles classes. The number of affluent people in three major cities in China with personal annual income exceeding $26,000 will more than triple from 1.1 million in 2005 to 3.9 million in 2015, bankers HSBC predict. MasterCard says the amount of discretionary spending by affluent households in the country’s three largest cities could rise from about $18bn in 2005 to $117bn by 2015.

All this means that the health of the Chinese economy is more important than ever to the economic health of the wider world. Which is why some of the latest trends coming out of the country are causing concern. Two recent surveys from the Chinese central bank show a worrying downturn in economic confidence among the country’s bankers and business people. They fear that rapid economic growth may tip over into dangerous overheating.

In the first survey, 14 percent of companies felt the economy, which has hit its highest point since the first quarter in 1994, was growing too fast. In this year’s first quarter, only 7.9 percent of respondents thought the mainland’s economy was overheating. Those worries pushed a measure called the entrepreneurs’ confidence index down to down to 83.4 percent for the second quarter of the year – the lowest level in two years.

Bankers meanwhile are even more worried about the way things are going, according to the second survey. This showed that the industry’s confidence index plunged to 37 percent in the second quarter – that’s the lowest level ever. At the start of the year it stood at 61 percent. More than two thirds of bankers believe the economy is overheating, compared to just under half who took that view at the back end of last year.

Are these concerns justified? The World Economic Forum warned recently that Chinese industry is at a turning point. Wage pressures, while still mild at the macroeconomic level, are changing costs for many firms. Profits are also shrinking from the revenue side, as domestic competition in the manufacturing sector becomes ever more intense.

Structural factors contribute to the problem, said the report, Global Growth@Risk. With few companies ever declared bankrupt, struggling firms have continuing access to credit and jump into competitor’s product lines or new ventures, rather than innovate to exit the marketplace. It is also easy for new companies to enter a market by ripping off existing products, as intellectual property protection is weak. Again, this leads to increased competition and thin margins, leaving very little capital for investment in research and development and new product lines.

The WEF report calls this a vicious circle, one which the growth of the domestic consumer market can help to break. “As investors begin to take more of an interest in Chinese consumers than in cheap Chinese labour, many have begun to fund the development of local design capabilities,” it says.

Dependence
China’s dependence on the consumption habits of US and EU consumers is probably its biggest economic vulnerability, according to the WEF. The domestic market is growing – the retail sector is growing at 13 percent and will probably accelerate to keep pace with urbanisation. But the big question is whether the market will grow fast enough to offset any downturn in export markets. If not, then when a downturn does hit the US or EU, “China will be left with huge overcapacity and a cyclical downturn of its own,” the WEF warned.

There are also big institutional constraints to continued growth. China has surprised many western observers with its ability to generate free market-led growth without the types of political institutions generally associated with market activity, says the WEF report. This ‘institutional underdevelopment’ will need to be addressed lest it constrain growth in the near future. One major concern is the judicial and legal system, which still struggles with corruption. Low pay and local appointment and accountability for judges may need to be reviewed. A system of national appointments and rotating jurisdictional assignments could mitigate the possibility of corruption becoming locally entrenched. A freer press would help.

On the political risk side, Chinese growth is also threatened by the rise of protectionism in the West. Seeing the rapid growth of the Chinese economy, and forecasts for future growth that they find frankly alarming, some in the West are calling for action now to stop the potential Chinese domination of the world economy.

China has some levers that it can pull to reduce this risk, such as gradual currency reform and support for imports, “but the most important factors may be the diplomatic capabilities of future US governments and the flexibility of the US economy,” says the WEF report. “The latter will help absorb the effects of globalisation, and the former will help prevent amplification of any backlash.”

Interestingly, and perhaps naively, China does not see itself as expansionist, but as the WEF notes, with amusing understatement: “The rise of a great economic, and potentially military, power cannot help but reshape the attitudes of other countries towards China.”

Another risk to China’s continued economic growth is that the country will fall victim to its own success. The most important social issue in China is rising inequality. The boom may have created a wealthy middle class, but what about everyone else? “If rapid growth creates ‘two Chinas’ it will almost certainly prove unsustainable,” says the WEF.

The risk of growing inequality is something that the country’s leaders have publicly acknowledged, with words, at least. President Hu Jintao, for example, has called for “harmonious growth”.

Demographic changes are important here. People in China can currently retire at as young as 50, and the WEF says the number of working age people in China will peak within the next 10 years. Whether or not this becomes a drag on Chinese growth may depend on how successfully the country sustains growth up to that point. Unlike those in most Western countries, the Chinese government does not hold any retirement-related liabilities. With growth rates still high, however, concern for social welfare and stability has led the government to begin considering national retirement benefits, says the WEF.

The population is moving, too. As many as 400 million Chinese will move to cities in the next 20 years. This migration and urbanisation of the rural Chinese population has the potential to boost productivity and strengthen the development of consumer markets. So far, China has avoided the kid of mega-slums that blight much of the developing world, “but the risk may get worse if urbanisation rates accelerate,” the WEF report warns.

It will be difficult to provide the services and infrastructure required by this growing urban population, but the biggest challenge will be dealing with the environmental impact. Media coverage of the environmental damage wrought by China’s rapid growth has done little to enhance the country’s international reputation, especially ahead of next year’s Beijing Olympics. But environmental damage is also hampering further growth. The WEF report quotes Xinghai Fang, Deputy Director of the Office for Financial Services in Shanghai. “Tai Lake near Shanghai is now completely contaminated and local people can no longer drink the water,” he said. “Air pollution, soil contamination – these are all constraints. Fast growth is important, but environmental challenges are too large for the economy not to slow down.”

Innovation
In the long term, if China is to secure its economic gains it needs to become an ‘innovation-oriented’ economy. The government knows this, and has made it a goal to achieve by 2020. But if the country is to reach that status, it needs a better return on its fast-rising investments in research and development (R&D) and higher education, according to a new OECD report.

In its first review of China’s innovation system, the OECD said China still had a long way to go to build a modern, high-performance national innovation system. R&D spending had increased at an annual rate of 19 percent since 1995 to reach $30bn in 2005, the sixth highest worldwide. “China has made impressive investments in R&D, human resources and R&D infrastructure to date, at the same time, China has still a long way to go to build a full-fledged and mature national innovation system,” the report said.

Much of China’s investment has focused on the high-technology sector, updating equipment and facilities, and experimental research for new products rather than on basic research, which is the foundation of long-term innovation. The OECD called for more investment in sectors such as services, energy, environmental technology and basic research.

To encourage domestic firms to innovate and benefit more from closer ties with the R&D centres of foreign companies, the government should enforce intellectual property rights (IPRs) more effectively and strengthen competition, said the OECD, echoing the WEF’s comments.

China should improve its governance of science and innovation policy, the report said. Its ability to allocate public resources to support government priorities has played a key role in closing the technological gap between China and the rest of the world. But the design, management and evaluation of programmes could be improved and made more market-oriented.

The central government should also consider creating a mechanism to co-ordinate initiatives more effectively across government departments at the national level and set guidelines to avoid duplication in regional and national science and innovation programmes, the OECD said. Creating an independent agency to monitor and evaluate the success of programmes would also help.

Universities play a key role in China’s innovation system. They run more than one in 10 Chinese science and technology firms, account for one in five patents granted each year and provide venture capital to promising start-ups. Further reform of these public research organisations would help increase the quality and efficiency of researchers: “this is important because current demand for talented managers or highly qualified researchers exceeds supply,” the OECD said.

It warned that, looking ahead, China could also face a shortage of skilled workers in science and technology, despite currently having more researchers than any other country except the US. In recent years, undergraduate degrees in science have even fallen in absolute terms. “China should improve the quality of science education to attract more students, with more emphasis on managerial expertise and entrepreneurship,” the OECD said.

China is already suffering from a chronic brain drain, a trend confirmed by a recent study from the Chinese Academy of Social Sciences, one of the major research and think tank institutes used by the Beijing government. Seven out of 10 Chinese who go to study abroad do not return, it found. Instead of coming home, they take post-graduate courses, get married, take jobs or change citizenship.

The report said this brain drain is a major reason why China still lacks research pioneers who can create an innovative society and economy. Earlier this year the government tried to start reversing the trend by offering a package of incentives to returnees, such as allowing them to earn more than the highly structured scale of salaries permits. But the number of Chinese studying abroad keeps increasing and is expected to be 200,000 a year by 2010. A separate survey showed that 30 percent of high school students in Shanghai and 50 percent of middle school students want to change their nationalities.

And this is a big problem. Booming China is, it seems, a seductive lure to everyone except educated Chinese. While Western businesses see China’s economic boom as an opportunity to enter an enormous new market, many of the brightest people in that market see it as an opportunity to leave. For the boom to be sustainable, that needs to change.

The first line of defence

It was one of the odder cases to come before the Court of Appeal in London during 2007, as a trio of senior judges solemnly studied two different trigger-operated plastic bottles of air freshener spray, to decide whether they were sufficiently different from each other.

However, it was also one of the most important cases of the year, the first time the UK Court of Appeal had given a ruling on the provisions at the heart of new European legislation on design rights, and the court’s detailed guidance, in its decision on the battle between the consumer goods giants Procter & Gamble and Reckitt Benckiser over their respective “Febreze” and “Airwick” trigger spray dispensers, on the key provisions of the new law are going to have huge implications not only for similar disputes in the UK, but right across the almost 30 countries in the European Union.

The attention given to the case, according to David Wilkinson, a partner in the Guildford, Surrey-based legal firm Stevens & Bolton, is a reflection of the increasing importance of “intellectual property rights” in general, including not only design rights, but trademarks, patents, copyright and so on.

Intellectual property disputes “are definitely on the increase,” Wilkinson says. “The reason is that the UK and Western economies generally, are much more knowledge-based than they used to be, with manufacturing having to be done in China and the Far East, which has meant that intellectual property has very much gone up the agenda in boardrooms. The IP rights are in many cases the most significant asset a company has, and therefore they’re keen to protect those rights and see they’re properly enforced.”

Stevens & Bolton employs about 150 people, with 100 or so fee earners, making it one of the largest “outside London” law firms in the South East of England. Much of the work it handles for clients covers intellectual property rights, including protection, infringements, disputes, licensing agreements, outsourcing and so on. Its clients come from all over the UK and internationally as well, including the United States, and their size ranges from largest multinationals to one-man businesses. Most of the lawyers working for the firm had previously worked for one or other of the big-name legal firms in London: “Essentially we’re doing the same kind of work as the City firms, but because of the location outside London, in Guildford, it’s considerably cheaper. That’s the premise on which the firm operates,” Wilkinson says.

Certainly Wilkinson and his colleagues are busy enough, with everything from helping to thwart manufacturers of pirated goods in the Far East to drawing up contracts between companies and their employees that will prevent departing staffers from walking out the door with a firm’s intellectual property “crown jewels”.

The commonest forms of intellectual property dispute “depend on the sector you’re talking about,” Wilkinson says. In the pharmaceutical sector, in electronics, mobile telephones, “that sort of thing the key right would be patents – we see a great number of disputes between companies involved in those areas. In other business sectors, different IP rights have greater importance, for example in what might be broadly called fast-moving consumer goods one, the things you might see in a supermarket, trade marks are particularly important.” Disputes involving design rights, like the one between P&G and Reckitt Benckiser over their room deodoriser sprays, are “increasingly” coming through the courts after the major revision of laws regarding design rights within Europe, Wilkinson says. In the media industries, television film and music, meanwhile, “the key concern is copyright, and if you’re a company in that area, copyright is going to be at the top of your agenda.”

Right now, “if you were to ask people involved in this area what has been the most active sector over the past 12 to 18 months it’d probably be in the field of mobile telephones,” Wilkinson says. That is not so much to do with law as to do with commerce: “It’s the new 3G mobile technology, new standards, new applications, you can do all sorts of new things on mobile telephones now. That has led to a real flood of litigation, not only in the UK but also in the United States, and other jurisdictions in Europe as the companies involved in that sector battle it out. People want to stake out their ground and protect their market position. Eventually it will settle down and people will get on with their lives, but there’s certainly a lot of activity in that area at the moment on the legal front.”

The trickiest disputes to sort out, Wilkinson says, are “where there is some form of personal animosity involved. Just as in a tricky divorce case, if the people don’t like each other that can make it difficult to resolve, and that can apply sometimes in intellectual property cases, for example if the people were former partners in business or shareholders – if they were on each other’s Christmas card list, if I can put it that way. When that sort of situation turns sour, it means that rather than being simply a commercial issue about commercial considerations, other factors come into play which can make it much more difficult to reach a sensible settlement.”

Guarding against people leaving with company “secrets” is “a big issue – I’ve definitely seen a lot of legal activity with regard to departing employees over the past few years and I think partly the reason why we’re seeing more cases litigated is because of the ease with which large quantities of information from a company can be downloaded onto a disk and someone walks out the door with it,” Wilkinson says. “Databases and so on can be absolutely key to a company’s financial performance. If an employee or a group of employees head off into the sunset and take that kind of information with them it can be very damaging indeed.”

There are, however, a number of steps that companies can take to help to ameliorate that kind of problem. “On a legal level it’s important to show that there are appropriate provisions in staff contracts concerning confidentiality,” Wilkinson says. “Also it may be appropriate to include non-compete covenants for limited periods so that people can’t engage in the same business activity for, say, six or 12 months after leaving. The point to make about non-compete covenants is that they can’t be unduly broad, because if they are the courts aren’t going to uphold them. Considerable care has to go into drafting them. So from a legal perspective it’s getting the contractual framework correct.

“But there’s also a lot that companies can do at the practical level, such as ensuring that databases can’t be downloaded onto disks without express permissions, ensuring that there’s password protection in place, regularly changing means of access to a company’s IT system, ensuring that when employees leave they hand over all relevant company information. All those sort of practical steps can help to ensure that they don’t take the crown jewels with them when they walk out the door.”

When it comes to protecting a company’s intellectual property rights from outsiders, Wilkinson says, “a lot of intellectual property rights are susceptible to registration – one thinks of patents, trademarks, design rights – and therefore a company that’s managing its IP well will consider in every case what should they be applying to register, a trademark or a design and so on.

“Once the registration is secured, it can not only act as a deterrent to third parties, they may well decide to go off and infringe someone else’s rights if they know that you’ve taken the time and trouble to secure registered protection. But also it generally means that when it comes to taking action it’s normally easier to do so on the basis of a registered right rather than an unregistered one. If one thinks of trademarks, for example, it’s possible to sue on a registered trademark, it’s also possible to protect a name which has been used in a business context even if it hasn’t been registered but it’s generally more difficult and more expensive to do so.”

On piracy, Wilkinson says, “at this end we work closely with customs and private investigators to ensure that where there is a suspicion of counterfeit products coming in, Customs are alerted and there’s a potentially very effective procedure in place here in the UK, and elsewhere in Europe, whereby offending goods can be seized at the point of entry into the European Community.

“There’s no doubt that organised crime is definitely involved in the field of counterfeits and piracy, and the police recognise that. The same people involved in the drugs trade can also be involved in dealing with counterfeit CDs or DVDs or whatever. Some things have potentially more serious effects than others. A counterfeit DVD you might be disappointed with the quality of the picture. But if it’s a pharmaceutical product, the consequences might be rather more far-reaching.

“We’ve been involved in the garment sector in the importation of counterfeit brand label products. Cigarette lighters is another one which is again potentially dangerous – the evidence was that if the counterfeit product was dropped it might explode, and there had been injuries to children and so on

“Wherever possible, companies who are concerned about potentially taking action in China should try to ensure that they have appropriate Chinese registered protection in place – if it’s a trademark, in other words, try to get it registered in China. Try to obtain a Chinese patent. Because the Chinese courts take Chinese intellectual property rights rather more seriously than they do foreign intellectual property rights.”

While in Europe companies can rely on a European Community-wide system of design and trademark registration, despite much effort there is still a long way to go for a community-wide system of patent protection. ” There’s no doubt that industry generally in principle would favour the idea of a single patent that would cover the whole of Europe because it would be cheaper that obtaining a patent in all the various territories and also potentially cheaper and easier to enforce,” Wilkinson says. “But there are a lot of practical difficulties surrounding the proposals, such as where’s the court going to be to decide Community-wide patents, how’s it going to be staffed, are Community patents going to be translated into all the national languages of the EC, and if so that will be hugely expensive, or will it just be into some languages, in which case some people could be sued for infringing a patent that’s not in their home language, and that could be conceived as unfair.

“I think it may well come along some day but I don’t think it’s necessarily imminent. The language difficulty alone makes it very difficult to create a supernational, Community-wide right in the patents sphere. That’s not to say it’s impossible, we can have Community trademarks, we do have a Community design system, but so far a Community patent has eluded us. There’s a working group which is reported to have made ‘some progress’ towards a Community patent and some specific results are expected in 2008. We’ll have to wait and see. But I don’t think anyone is expecting to see a Community patent up and running imminently.”

One area where there might be legislation, Wilkinson thinks, is in copyright, over the issue of “fair use”. In the United States, he says, “they have a ‘fair use’ doctrine that is quite a broad, vague and fuzzy round the edges concept, but it means that if someone is using someone else’s copyrighted work in a way that is deemed to be ‘fair’, that will not amount to infringement Here in the UK we’ve taken a different approach: we’ve provided literally dozens of specific exceptions to copyright infringement in the statutes, rather than having one general concept of fair use.

“What that has tended to mean is that the exceptions can’t really keep pace with technological change – the issue of ‘user-generated content’ for example, where people upload clips onto, say, YouTube that are seen as infringing copyright. It also means that the statute is very long and very unwieldy. That’s one area where there has been comment from the judiciary that the situation is so complex this is something that legislators might want to consider.”

The problem, Wilkinson says, is already being thrashed out in the courts as, for example, organisations such as the Premier League in England try to prevent people posting clips on sites such as YouTube of scenes from football matches that the League says are its copyright. “User-generated copy, in particular, is seen as the future by media companies, they want to make money from it by advertising to the communities that user-generated content builds up, but it’s a future fraught with legal risk. Because the moment you give people the freedom to post whatever they want on a website that you’re running, you tun the risk that they’re going to post infringing clips, or defamatory material, or who knows what, and you could be potentially held liable for it.” One more headache for companies – one more area for Stevens & Bolton to apply its expertise to.

Further Qatar innovation and growth

Qatar Islamic Bank (QIB), one of the five largest largest Islamic banks in the world, has successfully increased the number of shareholders in the subsidiary Al Jazeera Islamic Company (AJIC). This has been achieved by the successful conclusion of a strategic shareholding partnership in AJIC. QIB offered six million shares to potential investors at QR65 per share, including a premium of QR55 per share, which delivered QR330million profit. Qatar Central Bank has approved the list of the shareholders and has also granted its consent for the restructuring of AJIC as a regulated finance company.

“This is a first step for a new and brighter future for Al Jazeera Islamic Company,” said QIB CEO Salah Jaidah. “Our aim is to unlock the productive potential of AJIC and streamline the enterprise to promote quality of service, efficiency, revenue generation, economic development and employment, as well as competition in the market place.”

When QIB first announced its plan to open up the share holding of Al Jazeera Islamic Company, it said the objective was to sell to potential investors and increase the number of shareholders from two to 10, as per Qatar Central bank requirements. Now this has been achieved, QIB has kept a leading position with 30 percent of Al Jazeera company shares with Al Awkaf (previous partner) keeping 20 percent and the balance sold to strategic partners.

Salah Jaidah declared: “We are proud of the high level of interest that strategic partners had in Al Jazeera Islamic Company and the faith they had put in our future plans. We have completed this project in a short period of time and are delighted with the high level of partners we now have on board’.

In fact, the new shareholders in addition to QIB and Al Awkaf are prominent institutions from both the local and the regional market. They include Qatar National Bank, Qatar Insurance Company and Kuwait’s Global Investment House. Salah Jaidah pointed out: “The new set-up with 10 shareholders is as per the QCB requirements and we will now be able to operate Al Jazeera Company as a regulated financing company”.

Significant growth
With the number of expatriates increasing and the current economy boom, the financing companies’ volume of business is significantly growing and this change in AJIC was made to address the market needs. Al Jazeera Islamic Company will be targeting consumers and small and medium enterprise financing, two sectors showing exponential growth.

Salah Jaidah added: “In addition to the changes in the shareholding, we are also planning an expansion in terms of branches and employees.”

This exciting development follows the signing by QIB of a $300m bridge murabaha and a sukuk mandate. QIB has funded the bridge murabaha for a maximum period of 12 months, financed by ABN AMRO and Standard Chartered.

Salah Jaidah said the bridge murabaha was part of the asset and liability management strategy of QIB. “Both ABN AMRO and Standard Chartered  have funded this bridge on a 50/50 basis and I am very pleased with the highly competitive rate given to QIB, which is a sound proof of the trust international banks have in us and our long term vision,” he added. Over the past 12 months, QIB has been upgraded from BBB+ to A- by both Fitch and Capital intelligence.

Salah Jaidah added that the sukuk was one of the financing instruments that the bank was keen on developing. “The large number of projects and companies in need of financing, along with the large amount of liquidity available in the GCC, makes sukuk the perfect Islamic product to use,” he said. “In the last week of November (2007) we launched the marketing of a $150m sukuk musharaka in Doha, Manama and Dubai for our customer Salam Bounian and we are now preparing to embark on a new sukuk for QIB this time, within the next six to 12 months.”

In addition to the bridge financing, the two banks are also mandated for a sukuk issuance on behalf of QIB. This sukuk is planned to be issued this year and part of it will be used to reimburse the bridge financing. In December 2007, Qatar Islamic Bank organised a workshop on Sharia’a compliant financing instruments at the Euromoney Middle East Debt Markets Conference, to discuss the nascent debt markets of the Middle East, and specifically the GCC.

The conference, held at the Four Seasons Hotel in Doha, Qatar, was opened by his EE Yousef H. Kamal, Minister of Finance and Acting Minister of Economy and Commerce, and brought together some 250 high-profile delegates from around the GCC and international markets, most of them representing financial institutions that are issuers of debt securities in the Middle East, investors in such securities or intermediaries with a significant presence in the market.

QIB took the opportunity to address the very relevant subject of sukuks in their workshop. Sukuks are the Islamic equivalent of bonds that are quickly gaining popularity in the region. “Since conventional, fixed income, interest bearing bonds are not permitted under Islamic law, Sukuks are specifically designed to be compatible with Shariah law,” explained Jean-Marc Riegel, General Manager of Investment Banking & Development Group, QIB. “They have become a force to be reckoned with, and we thought it was time we brought the discussion to the table.”

Structures and regulations
The workshop touched upon an array of related topics, including the structures and regulations for financial institutions, companies and bonds, project financing and Islamic financing.

According to Euromoney, the conference was organised “to promote the benefits of debt capital markets to potential and current issuers within the region and to develop the region’s debt capital market structures, legislation and investor base.” The conference featured keynote addresses by leading regional and international finance experts, but the majority of the time was devoted to interactive Davos-style panel discussions and workshops mandated and moderated by Euromoney. The workshops were organised by such renowned financial institutions as Goldman Sachs, QIB and the Qatar Financial Center (QFC).

The phenomenal growth in the GCC and the Middle East in the past few years has provided local & international investors with great investment opportunities in the government as well as private sectors. This growth is expected to continue unabated, and along with it the demand for financing. “The increasing appetite within the region for Islamic financing via sukuks has played a vital role in matching the needs of borrowers and investors, thus establishing their place in the global capital debt markets” said Jean-Marc Riegel. “Besides, the countries in the Middle East have also realised the importance of global markets, and privatisation has played a pivotal part in the process.”

The global market for Islamic financial products is currently worth around $80billion and, according to some projections, could reach up to $500billion in the years to come as more and more institutional and private investors see Islamic financing as a means to providing liquidity, diversification and sustainable returns.

The added value that sukuks offer to the global capital debt markets is expected to drive their growth, and they might eventually even come to match the existing modes of financing in the conventional debt markets.

For further information:
Website: www.qib.com.qa 

Old world order

The populations of the Group of Seven (G7) leading economies are getting smaller and older. That is a long-term trend, and one that is widely believed to be irreversible. It sounds like good news – generally, it’s only rock-stars who want to live hard and die young; most people would rather live sensibly and die old – as old as possible. But the combination of increased longevity, falling fertility rates, and the retirement of the baby boom generation will mean that, by 2050, in most G7 countries the ratios of elderly people to the working-age population is likely to have doubled. That shifting balance causes potential problems.

A recent report from the International Monetary Fund warned that governments in advanced economies will have to step up their spending on the elderly in coming decades, and should prepare now by strengthening their fiscal positions in the near term. But few are.

Life expectancy
The report cited United Nations projections that show that the old-age population in the G7 countries will increase by an average of 80 percent between 2005 and 2050. Life expectancy in the European Union countries will rise by about six years over the next five decades. Given the age structure of European populations, the old-age dependency ratio is expected to double to about 50 percent from 25 percent, owing to a small decline in the working-age population and a sharp rise in the elderly population.

Those are expensive changes. “Such developments imply a steep increase in age-related government spending in G7 countries ­­– by an average of four percentage points of GDP over the next 45 years,” the IMF report said. Estimates vary substantially across countries, with Canada at the high end (with growth estimated at nine percentage points of GDP), and Italy and Japan at the low end (with growth rising by about two percentage points). The bulk of the spending increase will cover additional health care costs, with long-term care and pension spending accounting for the rest.

Making this sort of long-term prediction is increasingly necessary, but not easy, the IMF said. “Assessing the impact of demographic changes on the sustainability of public finances is complicated by uncertainties about long-term technological, demographic, labour supply, and productivity growth forecasts – especially the strength of the link between aging and health care costs.” Given the uncertainties, governments should plan to fund the worst-case scenarios, the IMF said.

Its report used two measures to assess the evolution of fiscal sustainability for each of the G7 countries and evaluated the impact of policy. Under either measure, the estimated fiscal adjustment needed to ensure long-run fiscal sustainability (i.e. stabilizing fiscal debt at a permanently sustainable level) is large for all G7 countries. It requires an average improvement of 4-4.5 percentage points of GDP in the primary fiscal balance, defined as revenues less non-interest spending, relative to 2005 positions.

Nearly two thirds of the fiscal adjustment reflects the expected rise in age-related spending, while the remaining one third owes to the interest on public debt. The largest primary gaps are in Japan, which had the largest primary deficit and a high debt level in 2005, and the United States, owing to a combination of a high primary deficit and large projected increases in age-related spending. The smallest primary gap was in for Canada, whose primary surplus of 5.5 percent of GDP helps offset the projected impact of the very large expected gains in age-related spending.

Fiscal positions
How well prepared are these countries for an age-related cost crunch? Not very, according to the IMF. It sends the trends leading up to 2005, when its analysis stopped, were ‘disturbing.’ The fiscal positions of all G7 countries except Japan worsened during 2001-05 by 2.7 percentage points of GDP. Even in Japan, whose fiscal sustainability improved over the five-year period, the end-2005 fiscal position was unsustainable.

The IMF said that the main cause of the deterioration in fiscal sustainability in the G7 countries was a worsening primary fiscal balance – which deteriorated by 2.8 percentage points of GDP. The countries showing the sharpest falls were the UK and the US, whose fiscal balances worsened by 5.5 percentage points of GDP.

These countries do seem to be waking up to the problem. The IMF said most G7 countries have recently adopted substantial reforms to contain the growth of age-related public spending, making more progress on pensions than on health care. Over the past five years, for example, France, Germany, Italy, and Japan have passed pension reforms that should bring about sizable savings. “But additional structural reforms or fiscal consolidation in other areas will be needed,” it said. New reforms are also planned, notably health care reforms in Germany and Japan.

Any delay in dealing with the issue will prove expensive, according to the IMF’s analysis. Its report looks at the difference in outcomes if the G7 act immediately, compared to further delay. If a country adjusts its fiscal policy within the next five years, the cost to economic activity would be substantially less and the country would experience gains in long-run output. The economy would grow faster by an average of 0.3 percentage points a year over the next 10 years, according to the IMF. If it delays for 10 years, public debt levels will increase substantially.

Delaying adjustment and allowing public debt to increase implies the need to run permanently larger primary surpluses to service the higher interest costs on the debt. On average, the primary balance required to stabilise public debt on a sustainable basis is 1.1 percentage points of GDP higher in the end than in the immediate adjustment scenario, the report said. Delayed adjustment also entails lower economic growth over the next 10 years, owing to increasing crowding out effects and a large rise in payroll taxes.

Fiscal adjustment
When those factors are added up, early fiscal adjustment can be expected to deliver a permanent economic output gain averaging about two percent of GDP, said the IMF, while “postponing adjustment increases the size of the fiscal adjustment ultimately required to restore sustainability.” Given the upside risk to fiscal spending pressures, early fiscal adjustment would also allow greater fiscal scope to absorb any higher-than-expected age-related spending needs. “The sooner G7 countries begin to adjust their fiscal positions the better, both for their own fiscal sustainability and for long-run growth,” it said.

An ageing population isn’t a problem solely for the G7 countries to worry about. In China, for example, the authorities have warned that an ageing population could erode its position as the world’s major supplier of low-cost labour. There are currently six workers for each retiree in China, but that could narrow to two-to-one between 2030 and 2050, the National Committee on Ageing says. Officials say the economy will suffer as there will be fewer people working and more older people to support. “We might encounter the heaviest burden especially after 2030, when the demographic dividend is set to end,” Yan Qingchun, deputy director of the office of the ageing committee, told China Daily. “With fewer people of working age and more pressure in supporting the elderly, the economy will suffer if productivity sees no major progress,” he added.

The change is partly because of improvements in healthcare and China’s one-child policy, but also because fewer couples are having children. Estimates say that by 2050, the number of over-60s in China will climb to 437 million – more than a quarter of the population. Zhang Kaidi, director of the China Research Centre on Ageing, told China Daily that the country is “not prepared” for the problems presented by an ageing population. He warned that the authorities need to “allocate more funds to build a comprehensive and efficient system of support for the elderly.”

Age proportions
Other countries face the same challenge. According to the United Nations, the proportions of older persons (60 years or older) are increasing at the same time as in the proportions of the young (under age 15) are declining. By 2050, the number of older persons in the world will exceed the number of young for the first time in history. Moreover, by 1998 this historic reversal in relative proportions of young and old had already taken place in the more developed regions.

The UN predicts that population ageing will have an impact on economic growth, savings, investment and consumption, labour markets, pensions, taxation and intergenerational transfers. In the social sphere, population ageing affects health and health care, family composition and living arrangements, housing and migration. In the political arena, population ageing can influence voting patterns and representation.

Population ageing is enduring, the UN says. During the twentieth century the proportion of older persons continued to rise, and this trend will continue into the twenty-first century. For example, the proportion of older persons was 8 percent in 1950 and 10 percent in 2000, and will to reach 21 percent in 2050.

It is also largely irreversible. The increase in the older population is the result of the demographic transition from high to low levels of fertility and mortality. As the twenty-first century began, the world population included approximately 600 million older persons, triple the number recorded fifty years earlier. By mid-century, there will be some two billion older persons–once again, a tripling of this age group in a span of 50 years. Globally the population of older persons is growing by two percent each year, considerably faster than the population as a whole. For at least the next twenty-five years, the older population will continue growing more rapidly than other age groups. The growth rate of those 60 or older will reach 2.8 percent annually in 2025-2030. Such rapid growth will require far-reaching economic and social adjustments in most countries, the UN says.

As the pace of population ageing is much faster in developing countries than in developed countries, developing countries will have less time to adjust to the consequences of population ageing. Moreover, population ageing in the developing countries is taking place at much lower levels of socio-economic development than was the case in the developed countries. The G7 might be slow to respond to the economic challenges laid down by an ageing population, but developing nations will not have that luxury.

EU to stick to climate plans

At stake, as pointed out by Commission President Jose Manuel Barroso, is Europe’s credibility in claiming to lead the world in the fight against global warming. European Union leaders agreed last March to cut greenhouse gas emissions by 20 percent in 2020 from 1990 levels, as well as use renewable sources for 20 percent of power production and biofuels for 10 percent of transport fuel by the same date.

The Brussels executive will propose how to share the burden of cuts in carbon dioxide output and of increased use of renewables such as solar, wind and water power and biomass. It will also unveil a major reform of the European Union’s emissions trading system (ETS). “Our package is a demonstration of our willingness to put our money where our mouth is,” Mr Barroso told the European Parliament, reacting to a torrent of letters of special pleading or protest from governments and industry lobby groups.

Despite the noise, officials say the EU is well on its way to meeting the targets. However, green campaigners say they are insufficient to arrest global warming and lack ambition, falling below the 25-40 percent emissions cut by industrialised nations called for by a UN climate change conference in Bali, Indonesia.

“Coming up with just a 20 percent proposal goes against both the scientific advice on what is needed to prevent a climate crisis and the moral obligation entered into in Bali,” said Stefan Singer of the environmental campaign group WWF. “It would give a very bad signal to the rest of the world.”

Design flaw
Brussels responds that the 27-nation EU is prepared to raise its target to a 30 percent cut by 2020 if other major industrialised and emerging economies join in reductions. Under the Commission plan, half the EU’s emission reductions are to come from the ETS, which almost collapsed when the price of carbon crashed in 2006 after it turned out member states had allocated too many permits to emit to their industries.

To overcome what Brussels sees as that design flaw, the Commission will in future set EU-wide emissions limits for all sectors covered by the trading scheme, and most permits will be auctioned off instead of handed out for free. Representatives of big utilities, oil refiners and industries such as steel and aluminium have warned that making them buy permits at auction will force up energy prices and could drive heavy industry out of Europe.

Brussels is set to shrug off many of those protests, pointing to the utilities’ healthy profits, although last-minute wrangling continues over the scope of auctioning and pace of its phasing-in, EU officials say. The other half of the EU’s emissions cuts will have to come from buildings, heating and cooling and transport, with each country receiving a target for CO2 reductions and a separate goal for increasing renewable energy use.

The Commission’s main yardstick in setting national targets is gross domestic product per capita. The richest EU countries will be expected to cut emissions by 20 percent from 2005 levels while the poorest new member states will be allowed to emit up to 20 percent more by 2020 to allow them an economic catch-up.

Some countries such as Sweden fear a double blow because they are rich and already use a lot of renewable energy. With its many hydroelectric dams, Sweden is top of the EU class, drawing 39.8 percent of power from renewable sources, while Britain, despite its green preaching, is second-bottom with just 1.3 percent.

France meanwhile is demanding special consideration because it gets most of its electricity from low-carbon nuclear plants and its emissions are 25 percent lower than the EU average. Germany and Spain object to tentative plans to allow companies to trade renewable energy, which they argue could wreck their successful schemes that provide a guaranteed price and grid access to renewable power generators.

Grand coalition
But Berlin endorsed the EU’s expected renewable target on Thursday, when Environment Minister Sigmar Gabriel told parliament: “For us in Germany it means roughly doubling our use. The grand coalition and the cabinet already agreed that we will meet this goal for renewable energy and this was a great success for co-operation in this coalition.” Despite all the special pleading from utilities, heavy industry and member governments, Commission officials say the EU targets will not be very hard to achieve.

One official involved in preparing the package said that according to Brussels’ projections, the EU will already have cut emissions by 15.9 percent in 2010 from 1990 levels. It should not be too tough to achieve the extra 4.1 percent cut over an entire decade, especially since aviation and car emissions will be cut under other EU policies now in the works. 

Profits forecast for clean energy

Climate change has been on investment banks’ radar screens for more than a decade. But the promise of high returns from the renewable energy sector has until recently failed to materialise.

Progress has been hindered by regulatory tussles about emissions, unproven technologies, weak performance from some public companies, difficulty in valuations and patchy investor demand.

However, investment bankers expect this year to be the one when the sector delivers. They spent the past 12 months building their teams to take advantage of the well-financed wave of companies focused on emissions technologies, clean coal and other forms of new energy technologies.

John Cavalier, head of alternative energy investment banking at Credit Suisse, said: “Some people say this is a bubble and a fad. We know this is for real and people need to understand that climate change is a scientific reality. We believe the drivers today are permanent drivers.”

Alternative energy
Andrew Safran, global head of energy, power and chemicals investment banking at Citigroup, said: “The alternative energy sectors, while not huge today, will become important for us.”

Most of the large banks, including Morgan Stanley, Citigroup, Merrill Lynch, Credit Suisse and Goldman Sachs, have between 10 and 20 full-time staff devoted to the sector. The heads of these groups have proceeded with caution and despite a few hires, such as the move of Jim Metcalfe from Lehman to UBS, most staffing has come from internal moves.

Citigroup started a renewable energy task force 18 months ago. Credit Suisse and Merrill Lynch have created bank-wide committees to oversee clean technology efforts that range from Asia to the US and include sectors such as utilities, industrials and food and beverage.

The banks are also making principal investments in the sector and boosting their carbon emissions trading desks.

Parker Weil, co-head of the Americas energy and power group at Merrill Lynch, said: “Co-ordination is critical to ensure the firm is consistent in the technology bets we make around the world.”

Factors boosting the importance of clean technology include the rising price of oil, which touched $100 a barrel last week, the high cost of building coal and nuclear plants and the political focus on global warming.

Even the US, with the Lieberman-Warner climate change bill, and China, with Premier Wen Jiabao’s vow to plough $300bn (€204bn) into energy-efficient and environmental-friendly sectors, are beginning to join the global consensus on measures to tackle climate change.

But Europe remains the standard-bearer, according to Kevin Genieser, head of the alternative energy practice at Morgan Stanley. He said: “Europe took the lead in developing clean energy technologies, which were much more accepted there. Europe was quick to recognise the potential for growth.”

Between 2002 and 2006, clean technology investing tripled to $63.3bn, according to New Energy Finance, an industry research group. Weil said: “My sense is the sector will continue growing, supported by the tremendous amount of capital that has been raised by funds looking to invest in renewable energy.”

A fund from Riverstone, a private equity company specialising in the energy and power sectors, is looking to raise up to $4bn, according to market sources.

Clean energy
Tim Kingston, head of power and renewable energy investment banking at Goldman Sachs, said: “We recognised early on the importance of clean energy, particularly as it relates to clients across several industries, including utilities, unregulated energy, technology and general industrial.

“We are also involved with the venture capital community in California to help further develop opportunities.”

There is more worldwide recognition of climate-change issues as well as a greater financial infrastructure to support it. The large investment banks are working with exchanges to support markets for renewable energy.

Last month, the New York Mercantile Exchange created the Green Exchange to provide futures, options and swap contracts for markets focused on climate change and renewable energy.

The venture includes Morgan Stanley, Credit Suisse, JP Morgan, Merrill Lynch, Tudor Investment, Icap, Constellation Energy and Evolution Markets. The market will start trading in the first quarter and is expected to be an official exchange within a year.

In addition, Credit Suisse is launching the Credit Suisse Global Alternative Energy Index this month. Last year, new energy companies launched equity offerings, including initial public offerings totalling $20.8bn, triple the volume in 2006, according to investment banking research provider Dealogic. That reversed a three-year trend in which equities volumes for clean technology companies fell steadily.

Cavalier said: “When you have growth rates of 35% to 40% annually in solar and wind and you see about $75bn in capital spent last year growing to $100bn, you sense there is going to be a large amount of capital markets activity to fund the growth rate.”

Investor demand appears to be improving globally for public financings. In December, the $6bn IPO of alternative energy spin-off Iberdrola Renovables was 1.5 times subscribed by international institutions and sold 65% of the offering to institutional investors outside Spain.

Yingli Green Energy held a $173.6m follow-on and a $150m convertibles offering in December 2007; the follow-on was priced 182% above the IPO price from six months earlier. The convert lured 115 investors who made the offering seven times subscribed, according to the bookrunners.

Mature business
But it is rare to find companies seasoned enough to go public. Safran said: “In mature businesses, you are valuing a lot of companies at a multiple of cashflow. In the alternative energy sector, you do not have cashflow because the companies are in their infancy or growing.”

The sector is small and highly fragmented. The market capitalisation of the renewable energy sector is less than $1.3 trillion, according to Morgan Stanley. Renewable energy makes up less than 10% of the revenues from the energy groups of most investment banks.

In addition, the technologies have impediments. There is a backlog for manufacturers of wind turbines, for example. Ethanol is too corrosive to ship through pipelines. Geothermal power from geysers cannot travel far. Solar power is waiting for more efficient fuel cells. And coal gasification is an unproven technology.

Performance has been variable among sectors. While ethanol was a notable bust, solar companies have performed better. Credit Suisse said the market capitalisation for pure-play solar companies has jumped from $1bn in 2004 to $118.3bn.

The bank estimated the wind sector, which has been developing for more than 10 years in Europe and about five years in the US, could bring in annual revenues of $10bn to $12bn, most in commercial-bank debt.

Weil said: “Many projects will be funded through increased equity component, tax credits and more expensive debt. Increased debt costs of 100 to 200 basis points will decrease the equity returns of some of these projects but the overall need for renewable energy will justify the investment.

Breakdown
Most of the popular sub-sectors do not rely on debt, however. Throughout last year, the breakdown of investment banking revenues by product is confined to equities and M&A but includes debt funding.

Between 2005 and 2007 Credit Suisse’s renewable energy team underwrote 14 debt financings, advised on 13 M&A deals and worked on 20 follow-ons and IPOs. Citigroup’s team has done 15 transactions in M&A and equity.

No bank dominates the renewable energy sectors. The top five advisers in renewable energy mergers in 2007 were Goldman Sachs, Citigroup, Deutsche Bank, Lexicon Partners and ING, according to Dealogic.

In the pitchbook that Credit Suisse provides to clients, the bank ranks itself among the top three leaders on deals worth more than $50m, holding court at the top of solar volume with Morgan Stanley, wind volumes with Goldman Sachs and ABN Amro and biofuels between Morgan Stanley and UBS.

The global nature of the business provides an opening for banks that might be listed in the second-tier in M&A and equities. ING, Dresdner Kleinwort and ABN Amro appear prominently in alternatives because of the importance of the Netherlands and Germany to the wind, solar and biofuel sectors.

Investors flock to ‘safe haven’ gold

The recent crisis in America’s subprime mortgage market sent ripples through stock markets across the globe. The ensuing panic-selling by jittery investors resulted in a worldwide slide of share prices and the threat of serious economic consequences. This, alongside several interest rate cuts from the US Federal Reserve Bank, has sent the dollar sharply lower.

A widespread loss of investor confidence in the banking system and traditional investments has led to a ‘flight from risk’, where investors look to a safer investment option, such as gold, which has proven itself to be a safe haven in times of financial crisis.

This is the conclusion of recent research commissioned by the World Gold Council (WGC) which examines the performance of gold compared with other mainstream assets during the current credit crisis as well as during significant periods of financial distress in recent history.

The WGC analysis looked at gold’s performance in the aftermath of 11 September, 2001, the bursting of the dot.com bubble and the Asian currency and rouble crises, showcasing gold’s role as a portfolio diversifier and safe haven cushioning investors against losses.
2007 credit crunch

The current credit crisis saw gold initially underperforming as it was liquidated to cover losses in other assets. However, as tensions mounted, investors looked to gold as a ‘safe haven’ investment and it has since been the best performing asset in all major currencies, apart from oil.

The WGC report tracked gold’s performance against the major bond and equity markets, the G-6 trade-weighted dollar and oil for two significant periods in the financial markets in 2007 – 25 February to 25 June and 26 June to 26 September.

In the first period gold underperformed as investors remained unconcerned about growing tensions in financial markets (See Chart: Gold vs other asset classes, ‘credit crunch’ 2007). However, as the threat of financial crisis became more evident in the June to September period, gold outperformed the major equities and bonds, overshadowed only by oil. Gold also gained 9.6% in trade-weighted dollar terms in this period.

From September onward, gold has been the clear outperformer as investor nervousness has ebbed and flowed and the dollar has been under heavy pressure. Gold has also been shown to be the strongest performer in all major local currencies.

Gold after 9/11
In the weeks following the terrorist attacks of September 11, 2001, shock waves were sent through stock markets worldwide. Heightened political tension and panic-selling in the immediate aftermath saw the gold price fall from $287 to $279. In the following weeks, investor interest in gold increased, with people viewing it as a safe haven that would cushion portfolios against further losses. A flight into gold followed as equity markets and the oil price lost ground.

After the attacks, the world’s markets continued trading and it took Wall Street only one week to become fully operational again, providing a great boost to investor confidence. This new-found confidence was the reason for gold’s underperformance in October 2001, as investors took an optimistic view of the medium term and sought out value in the equity markets.

In the three months from September 11 onward, the bond markets were the strongest performers in the UK and eurozone, and equities were strongest in the US and Japan. Gold was the second best performing asset in three of the four regions.

The dot.com bubble bursts
Spring 2000 saw the burst of the technology equity bubble, with the overall market decline lasting from 10 March to 14 April. The technology-heavy NASDAQ dropped 34 percent over the period; while the S+P and gold fell by just three percent. The immediate investor reaction to the dot.com bust was a flight to gold and bonds, although, over ensuing weeks, the bond market was the primary beneficiary of investor nervousness.

It took until the end of June for investor confidence to filter back into the markets. From March to June 2000, equities were the strongest performer in the US, while gold was the strongest in the UK and bonds the strongest in Europe and Japan.

There were a number of reasons for gold not being the strongest performer in dollar terms over this period – including the independent strength of the dollar, central bank gold sales and earlier investment activity that had taken place in 1999 as investors became concerned about possible ramifications of Y2K at the turn of the millennium.
Asian currency and rouble crises

The close of the 1990s was a time of financial upheaval. It began with the crisis in the Asian economies, followed by the rouble crisis in Russia and problems at Long Term Capital Management (LTCM). The period of stress spanned from July 1997 to April 1998 and during this time gold’s performance was mixed.

During the Asian crisis, gold found itself under pressure, but this can be seen as confirmation of gold’s role as a safe haven, rather than an argument against it. The Korean government found itself in particular difficulty. After the fall of the Korean won, the country’s government offered to buy gold from the populace, which was subsequently sold on the international market to raise much-need dollars to meet Korean international debt obligations.

In the spring of 1998, the rouble crisis developed as the government in Russia worked to maintain the rouble’s exchange rate steady against the dollar despite increasing internal strain. The government was forced into devaluation in August and the rouble subsequently floated in September.

Gold’s immediate response in September was minimal, but the metal’s comparatively low volatility over this period reinforced its use as a stabiliser in investment portfolios.

Golden days
Gold cannot be considered a panacea for all ills. The performance of the price depends heavily on the nature of the external problem. Where geopolitical tensions are involved, the price tends to rise as investors use it as a hedge against risk and for its portability and universal acceptance as a currency. For the gold price to rally in the wake of a crisis there generally needs to be an element of financial tension that could have an impact on the smooth running of financial markets.

The report also stressed that while dollar weakness has been an important element in contributing to the rally in the dollar gold price during the recent credit crisis, it is not a necessary condition. It also highlighted that gold has acted as a safe haven for investors across the globe, and worked as a hedge against both equity weakness and tensions in the bond markets, although the relationship with equities was generally found to be stronger.

Setting the foundations

The economy grew by over four percent in 2007: What are the projections for 2008 and which sectors are expected to drive this growth?
Calendar 2007 represented the sixth consecutive year of growth in real GDP and this expansion should persist into 2008. During the coming year, growth is expected to slow down somewhat to three percent to 3.5 percent with some weakening in both the traded and non-traded sectors.

The expected expansion in the economy in 2008 is more in line with the long-term trend for Barbados. None of the foreign exchange earning sectors is expected to achieve two percent growth.

The economic activity will therefore be driven mainly by the construction and distribution sectors and these will again spur expansion in utility usage, transportation, storage, communications and other services.

What impact do you think the declining US dollar will have on economic growth in Barbados given that the Barbados dollar is pegged to the US dollar at $2 to $1?
Since the Barbados dollar is fixed to the US dollar, the decline in value of the US dollar will not impact on trade and other transactions with the US itself. This is in Barbados’ interest since the US is Barbados’ leading trading partner. The fall in value in the US dollar, however, should encourage increased numbers of visitors from the UK and Europe since a holiday in Barbados would now be cheaper. Conversely, goods and services imported from the non-dollar countries will be more expensive. So that the net impact on the external current account will depend on the relative strengths of increased tourism expenditure and higher payments for imports.

Given the increasing likelihood that your major trading partner, the US, will go into recession during the year, how can new monetary and financial policies help to protect the Barbadian economy?
During 2007 a decision was taken to alter the way the Bank does business in two important areas. Firstly, as part of a package of financial liberalisation measures, the Minister of Finance decided that the Bank would be given the right to change its benchmark interest rate without reference to him. This initiative will enable the Bank to respond more quickly to negative trends in the macroeconomic environment by shortening the lag period associated with monetary policy.

The Bank is also seeking to rationalise its toolkit of monetary policy measures so that they are more focused on particular objectives and can deliver the desired results. To this end the Bank expects during the coming year to be able to rely more market related instruments in determining monetary policy measures. Open market operations which are already in use in some other Caricom countries are intended to make the financial sector more efficient by improving the quality of intermediation and channeling resources into their most productive use.

Barbados is also committed under the agreement which establishes the Caricom Single Market and Economy (CSME) to virtually liberalise its capital account for transactions with other Caricom countries. It is expected that such a move will attract additional foreign investment to Barbados. Concomitant with capital account liberalisation the Bank is co-operating with commercial banks to devise a monetary system which will still enable it to track foreign exchange flows. Such monitoring will, inter alia, help to identify speculative inflows which are potentially destabilising when they are reversed.

How is the country managing the inflationary pressures occasioned by the volatile petroleum and other commodity prices?
Policy options in this regard are limited since inflation in Barbados is largely determined abroad. To the extent that some of the price increases derive from institutional features and the structure of the distributive sector, the Government has already met with key players and agrees to reduce taxes on a range of consumer items. There has also been agreement in principle by major distributors to cut their profit margins. Moral suasion is being used to persuade consumers to rely more on domestically-produced goods wherever possible. In the case of petroleum products there are possibilities for conservation by modifying travel habits and the consumption of energy generally.

How is Barbados adapting to the on-going changes in the global environment with respect to: trade in goods and services, financial sector regulation; Basel II; anti-money laundering and countering terrorism financing, and auditing and governance standards?
The two sectors which are most affected by the trade liberalisation are manufacturing and agriculture. For more than a decade the Government of Barbados has been assisting entities in these sectors in adapting to the new trade rules. While the Government has sought to comply with the requirements of the World Trade Organisation (WTO) it has also provided manufacturing firms with incentives to purchase new plant and equipment and assistance with improving the quality of their products. In the sugar industry a decision has been taken to reorient production away from raw sugar towards special sugars (whose income elasticities are much higher) and ethanol for fuel. Simultaneously, efforts are continuing within the framework of the Regional Negotiating Machinery to get the WTO to reorganise the special needs of small developing countries.

In the area of financial sector regulation the Central Bank has taken the lead in ensuring that practices and legislation are up to international standards. This covers areas such as Basel II, corporate governance, liquidity and credit risk as well as business continuity. In this regard, the Bank has recently partnered with a regional entity in hosting a highly-successful seminar/workshop on operational risk management for financial institutions.

With respect to legislation, the Bank continues to issue guidelines pertaining to corporate governance, as well as anti-money laundering/financing of terrorism. During the last two years, necessary amendments were made to the Financial Institutions Act and the International Financial Services Act in order to make them more relevant to the financial services sector. In addition, work continues on preparations for implementing Basel II, including completion of guidance notes and training sessions for the industry.

Offshore banking and financial services have become an increasingly important source of foreign exchange and economic growth. But as competition increases and standards keep rising, what is Barbados’ strategy to remain competitive?
Barbados has a number of attractive attributes which can help it to remain competitive as a provider of financial services. First of all, it has a reputation as a stable democracy where there is the utmost respect for the law. It is very important to a prospective investor to be assured that there is little or no political and social risk associated with doing business in a country.

Secondly, as was mentioned before, the laws and regulations which govern the financial sector are best practice and in the few areas in which there are deficiencies there are on-going efforts to correct them.

Thirdly, Barbados has a large and growing number of skilled professionals who are highly competent in their respective fields. These include accountants, lawyers, wealth managers and tax and insurance specialists. They have helped the country to acquire a reputation for service excellence which is so important to clients.

Also important is the standard of living in Barbados which is similar to that to which the average North Atlantic investor is accustomed. The country is ranked as the world’s leading developing country by the United Nations. Its demographic and social indicators are similar to those in developed market economies and its spending on health and education ranks among the highest in the world for a small country. Investors from North America and Europe therefore feel more comfortable doing business in Barbados than in some other developing countries.

The CARICOM region offers a market of approximately six million people. Since the inauguration of the Caricom Single Market (CSM) in 2006 what have been the benefits to date for Barbados’ financial market?
There is little doubt that the inauguration of the Caricom Single Market has helped to deepen the financial market in Barbados. More regional companies are now listed on the local stock exchange, providing Barbadian residents with additional investment options.

There is also now more interest on the part of regional investors in investing in Barbados and a growing number of Barbadian nationals are keen to invest in the region. Inward investment clearly provides additional liquidity in the local market and this can potentially attract more participants. When Barbadian residents are able to invest in the region without restriction it will allow financial resources to fetch their most productive return, especially when high levels of domestic liquidity prevents this in the domestic economy.

Where do you see Barbados in the next 10 years?
At the end of the next decade Barbados should be well on its way to achieving the developed country status for which a deadline of 2025 has been set. It has already laid the foundation for this goal by building a stable democracy with political stability, high living standards as well as excellent physical and social infrastructure. Based on the wide-ranging economic reforms which have already been implemented, the economy should be in a position to raise the average annual rate of economic growth to around five percent, from the current three percent or so. A higher rate of growth, coupled with a change in the structure of production will enable the country to earn the foreign exchange which is so vital to economic diversification, job creation and continued improvement in living standards.

Power giants search for new energy boost

A combination of a growing worldwide demand for power and a shortage of top-level staff has created a highly competitive market for the people with the right talent. “It’s a very good time to be an engineer,” says Tony Ward, a director in the energy, chemicals and utilities group at Ernst & Young. The flip side of the coin, though, is that it is not such a great time for the companies doing their best to retain or recruit suitably qualified staff to drive their projects forward.

The scale of the problem was brought sharply into the spotlight when it was revealed that the global oil and gas industry faces a 15 percent shortage of qualified engineers by 2010 – a shortfall of between 5,500 and 6,000. According to Pritesh Patel, of consultants Cambridge Energy Research Associates (CERA), the industry faces the prospect of leaving up to 15 percent of posts vacant over the next two years.

There are already too few engineers to meet exploration and production project demand and this is perhaps reflected in the way that last year (2007) BP postponed several deepwater developments in the Gulf of Mexico, including Tubular Bells, Dorado and Puma. The company partly blamed “resource constraints” for this delay.

Expert forecasts predict that global output from deepwater projects is due to rise from four million to 11 million barrels of oil per day by 2017. But Pritesh Patel warns that these figures as based on the industry avoiding major delays – and points out that the shortage of engineers has been building up over the past few decades.

The Middle East and Libya accounts for 20 percent of global projects adding productive capacity up to 2011, according to CERA. It is also the region requiring the most manpower during this period, with 35 percent of global projected total. Experts point to a critical bottleneck being the shortage of skilled staff, with an industry workforce dominated by people nearing retirement and inexperienced graduates. Libya, in particular, could suffer more than most through an expected shortage of engineers and other oil personnel, according to CERA.

Conventional and nuclear
The sector’s problems are compounded by the fact that competition for the oil and gas industry’s talent is expected to rise in the next few years as both conventional and nuclear power plants are built. Some companies have responded by opening new training centres in south-east Asia, but their trainees will not gain the skills to manage, much less design, major projects for several years.

Large oil and gas producers have the advantage over smaller rivals through their ability to offer longer contracts and better rates of pay. They are also increasingly aware of the need to add a raft of incentives, so staff stay in their employ and qualified newcomers are drawn in.

At Devon, the largest independent oil and gas producer in America, company president John Richels personally sends birthday cards to each and every one of his 3,478 US-based workers. Devon also hold regular office social gatherings, such as picnics, and host a lavish Christmas party for workers and their partners. Part of the company’s enlightened campaign has involved the appointment of a senior level executive, senior vice-president of human resources Frank Rudolph, to tackle the retirement crunch head-on.

“A lot of little things make the difference,” says Mr Rudolph. These include includes an ongoing kid glove treatment of prospective new recruits. Senior executives escort them on a field trip to a gas field in Texas, and when the students return to university they are kept in touch with the company thanks to emails and phone calls from Devon workers and even care packages of food and drink during final examinations.

The need for this constant PR campaign is apparent when it is considered that about half of Devon’s 5,000 employees will reach retirement age in the next decade. Elsewhere, the picture is equally challenging. CERA predicts that more than a half of today’s engineers, whose average age is 51, will retire by 2015, an erosion rate of six percent per annum.

An influx of new entrants will offset this by five percent by 2010 – but there will be a knowledge gap, says Pritesh Patel. A survey of the industry’s human resource leaders revealed the personnel crisis was a “top five business challenge” for financial growth, according to Dina Pyron, an Ernst & Young partner and HR specialist.

Lost benefits
In the face of this problem, Chevron, the second largest oil company in America, is attempting to retain staff by calculating their retirement benefits every year, so they are constantly aware of the benefits they stand to lose if they switch to another company.

Chevron are also very conscious of the needs of high-performing workers and those nearing retirement age. “We try to scratch the itch,” Jim Schultz, the company’s human resources manager, recently told the Financial Times. “It really is about knowledge retention.” This means offering key employees flexible hours, more pay, phased retirement and the opportunity to work from home.

A typical example is 66-year-old geologist Susan Longacre, who retired from Chevron six years ago but still works up to eight weeks a year for her old bosses. The reason is that the company has only about 15 other geologists with Susan’s experience of reading samples drawn from deep underground to predict potential volumes of hydrocarbon resources. “It’s a process that takes time,” says Ms Longacre. “You learn it, elbow to elbow, over the core sample.”

Royal Dutch Shell is one oil company that has been aware of recruiting issues for some time. For the last decade, bosses have operated a business challenge reminiscent of Sir Alan’s Sugar’s TV show, The Apprentice, allowing 50 go-getting university students to spend a week working for Shell on a fictitious desert island. They are judged on everything from refining and exploration to finance and marketing, as company chiefs pose business challenges that could crop up during a five-year business strategy.

This year, Shell have doubled their recruiting efforts by holding two of these business challenges – and hiring up to half of all the contestants. Despite efforts such as these, Dina Pyron says there may still be a recruiting void in the near future. “This is going to become a critical issue,” she adds. “Companies are going to have to come out with something more creative. This is not an industry that moves at a rapid, innovative pace. It’s an open door for the company that says, ‘We need to do something more innovative to distinguish ourselves.’”

Some companies have already taken the hint. In Venezuela, the national oil company Citgo offers staff a range of unusual perks and incentives. They include an inter-office baseball tournament which involves jetting employees in style from Houston to Caracas to play.

At Texas-based Stress Engineering, the president, Joe Fowler, has made the company employee-owned – and held staff turnover down to two percent.

At Arthur D. Little, the world’s first management consultancy (founded in 1886), bosses are not resting on their laurels. Company director Priscilla McLeroy says the global consultancy is filling jobs once reserved for professionals trained in oil and gas by signing up PhDs from other sectors.

Attracting talent
They recently recruited a postgraduate in microbiology to help on an enhanced oil recovery programme that would normally be undertaken by a reservoir engineer. Ms McLeroy believes that one way to attract talent could lie in characterising projects as “energy”, which conjures up sexy images of sustainable business, instead of ‘oil and gas,’ which is usually associated with visions of undesirable hydrocarbons.

“Demand for all sorts of energy continues to rise,” says Bruce Williamson, chief executive of Dynegy, a leading Texas-based power company once known as “The Natural Gas Clearinghouse” which has two new plants under construction. A boom in power plants is expected in the wake of new laws governing carbon output and will almost certainly run parallel to the building of new nuclear plants.

Last September (2007), American power generator NRG Energy applied for official permission to build a new nuclear plant in the United States – the first in almost 30 years. The Bush administration now expects this move to spark up to 30 similar applications from other power corporations that are encouraged by the gradual acceptance of nuclear energy as the popular choice through its low carbon footprint and less detrimental effect on global warming.

And it seems almost inevitable that the demands of these expanding companies will only add further to the staff recruiting and retention problems of the oil and gas industry.

Big oil and gas potential in Albania

Since it first opened its doors in 2004 Baar, Switzerland based Manas Petroleum has assembled a well-diversified portfolio of high impact exploration plays spanning two continents and five countries. It includes agreements on and varying interests in over five million acres in Central Asia and Eastern Europe. Only a week ago Manas added to its stable of high impact projects when it was awarded an exploration license in the Magellan basin in Southern Chile – an area that is rapidly becoming one of South America’s oil and gas exploration hot-spots. The company has recruited Mr. Ricardo Ponce for that project. Mr. Ponce used to be the General Manager of world wide exploration for Chilean state owned Sipetrol. That was when Sipetrol wisely farmed into Apache’s now spectacularly successful El Diyur, Egypt gas play. This time Apache is not a partner but a neighbor in the Magellan, a region the company says reminds them (in their Q1 confernece call) of Egypt’s early days.

While Chile is Manas Petroleum’s latest project, the company’s first project was its Kyrgyz Republic Fergana basin oil exploration play. It was a natural beginning for the company as Manas CEO Dr. Alexander Becker received his PhD in structural geology at Kyrgyz Republic’s Frunze Academy of Science (Bishkek) after which he quickly set about discovering two oil fields and was subsequently named by the Soviets, the area’s top mapping geologist. After a stint as an award winning researcher at Israel’s Ben Gurion University he got back to the business of finding oil. Manas Petroleum is the result. It is clear that Dr. Becker’s knowledge of the region’s bureaucracy, politics and geology has been more than a little help in assembling the now world-class Kyrgyz project. In 2006 UK based engineers Scott Pickford estimated that part of Manas Petroleum’s Kyrgyz Fergana holdings had a P50 an in place resource of 1.2 billion barrels of light oil – an estimate the company is confident will be significantly upgraded.

Overall strategy
Those licenses have since been farmed out to Australian major Santos leaving Manas with a 25 percent interest, 20 percent of which is carried until production. “Kyrgyz is a good example of our overall strategy” says Manas Director of Business Development Neil Maedel as he points out that the company is working to close a similar deal for the company’s neighboring Tajik license and that other large projects with accompanying farm-outs “are certainly part of the strategy”. That the company’s Central Asian portfolio looks exceptional is clear. But what is generating the most excitement, as Dr. Becker pointed out in a recent interview, is Manas Petroleum’s oil and gas Production Sharing Contracts which cover over 3,000 square kilometers in Albania.

Albania has been known for its oil for a very long time. Almost 2000 years ago the Romans mined bitumen, an oil product, in Southwestern Albania. Albania’s first oil well was drilled in 1918. But it was not until the late 1920s when intensive drilling by companies including Standard Oil and the Anglo Persian Oil Company (now British Petroleum) led to the discovery and development of shallow fields near known tar sands and bitumen occurrences. Albania’s Patos Marinza is among them. It was discovered in 1932 and still has approximately 2 billion barrels of oil in place, making it Europe’s largest onshore oil field.

In the 1960s the use of seismic with the help of Chinese partners led to the discovery of deeper fields that instead of heavy oxidized high sulfur crude contained light crude oil. But the ultra-Stalinist regime of Enver Hohxa was anything but good for the country’s development – the oil and gas sector included. And as even the Soviets grew somewhat moderate, an increasingly paranoid Hohxa government spent most of its energy preparing for an invasion that never came. By the 1980s the regime had built more than 700,000 concrete bunkers for its 3.5 million people.

Hohxa died in 1985 and as the Soviet Union was collapsing in the late 1980s so did the dysfunctional Hohxa government. In 1990 after more than a half century of isolation, the first Albanian offshore licensing round was opened. It was followed in 1992 by the country’s first onshore round which was won by a French company called Coparex, a Croatian company called INA Naftaplin (reputed to have supplied half of Croatia’s oil over the past 50 years) and Shell.

Analyse this
Shell and Coparex subsequently spent a combined $25 million to acquire, analyze and reprocess approximately 4,000 km of seismic. In doing so they discovered a deep under-thrust structure which by their calculations had the potential to hold a combined 820 million barrels of recoverable light oil.

Shell and Coparex’s combined calculations showed a potential for 820 million barrels of recoverable light oil. The two companies’ seismic imaging revealed that the same thrust sheet which holds all of Albania’s oil reserves plunged to a depth of around 4 kilometers to form a giant sub-thrusted anticline under their licenses. Gustavson Associates, a global mining and petroleum engineering firm summarized what subsequently happened by saying:

“Shell and Coparex suspended all exploration activity and abandoned the blocks in reaction to extreme unrest in Albania and conflict in neighboring Kosovo, allowing Manas to later acquire these superbly defined, giant, virtually drill ready prospects.”

Since then much has changed for the better. Albanian diaspora, which work mostly in the EU and the US, remit over a billion dollars annually back to the country’s economy, while the EU also works to rebuild Albania, all with a profoundly positive effect on its small population. The Southeast European Times recently said “Albania has become a construction site” while last year the Economist magazine published an article entitled “Good Times at last” which praised the country’s performance. The IMF said in its latest quarterly review that Albania had met all targets set by the institution, while ratings agency Moody’s gave the country a B1 grade – its first ever – putting it at the same level as Jamaica and the Ukraine. Albania is expected to join NATO next year, although EU membership still looks a ways off.

Negotiations
In 2005, Occidental Petroleum made a light oil discovery in Albania, approximately 50 kilometers south of the Manas blocks. This occurred just as Manas was initiating its efforts to negotiate Production Sharing Contracts with the Albanian government.

The discovery dramatically reduced the exploration risks associated with the Tirana sub thrust anticline that was discovered by Shell and Coparex because it further confirmed that it was the oil-saturated Ionian thrust sheet. Gustavson describes the discovery as having “substantially reduced exploration risks” as it “greatly increases the probability that the giant anticline outlined by Shell and Coparex seismic is in fact the oil saturated Ionian formation”. In its conclusion in a subsequent discussion on the risks and probability of success for all of the Manas Albanian prospects Gustavson says: “The probability of success for a wildcat well in a structurally complex area such as this is relatively high due to the fact that it is in a structurally favorable area, there exists a proven hydrocarbon source and analogous production exists only 20 to 30 kilometers away”.

The Albanian project is the brainchild of Manas Chairman Heinz Juergen Scholz. Mr Scholz is a Physicist, Engineer and automation expert who built hi-tech factories and telecommunication networks in the Former Soviet Union. He advised Soviet Ministries regarding the sale of Russia’s East German telecommunication network following the Soviet Union’s collapse and has collaborated his research with scientific institutes in the Russian Federation. Mr Scholz knows his way around the Former Soviet Union and its satellite countries and it is Mr Scholz that played a major role in negotiating the company’s Albanian PSC’s. And notably, as success appeared increasingly certain, he also began recruiting the region’s top geological talent.

They include Dr. Agim Mesonjesi who is a PhD petroleum geologist and was part of Occidental’s original Albanian exploration team. Dr. Vilson Bare has also joined Manas – he is an expert geophysicist who received his Doctorate from the Tirana University (for his thesis on the “Study of diffraction in seismic section and its uses in geological interpretation). Professor Selam Meço (paleontology, University of Tirana) is also assisting in the project. Another exceptional player to be involved is UK based reservoir engineer Chris Pitman. Mr Pitman is also the Managing Director of Energy Advisors Limited and a former advisor to BNP Paribas (Paris) and the Abu Dhabi Investment Company.

Expert in the field
The Albanian team played a vital role together with Ukrainian geologist Yaroslav Bandurak (Manas Petroleum’s head geologist) to merge and refine the Shell, Coparex and state oil company Albpetrol previous work. Their data sets were combined for the first time and together with the formidable geological talents brought to bear by the group, resulted in a huge improvement on what Gustavson has already referred to as (Shell & Coparex’s) “superbly defined virtually drill ready exploration targets”.

The Manas team results defined and discovered a total of eight giant prospects which according to Gustavson calculations have the (P10) capacity to hold up to 5 billion barrels of light oil and 5 trillion cubic feet of natural gas if the prospects are oil filled.

If they contain oil with a gas cap the amount of recoverable oil drops to a still breath-taking 2.4 billion barrels of oil with 26 trillion cubic feet (Tcf) of gas. If mainly gas, the P10 amount recoverable is 46 Tcf an amount that would make it Europe’s largest field outside of Russia. These amounts are the headline best case volumes. Gustavson puts the most likely volume (P50) if principally oil at 2.98 billion barrels with 3 Tcf of gas.

Estimations
If oil with a gas cap the amounts are 1.4 billion Bbls of oil and 15 Tcf of gas and if just gas the P50 is 28 Tcf. The lowest case estimate for the prospects if oil filled, oil and gas or just gas is a respective 1.636 billion barrels, 738 million barrels with 8Tcf of gas and 16 Tcf of gas. Critically any of the above would make Manas a major oil and gas company.

No matter how good the Albanian project might be, however, Dr. Becker is quick to emphasize, that there are unknowns and with exploration there is always potential for disappointment. We know the prospects’ reservoir capacity is very large and that there is oil in the system. “But we will never really know for sure if some unexpected geological event has intervened”. This we will not know until the prospects are drilled”.

We can reduce the impact of these risks. The only way around this is to diversify our geological (and political risks). “We already have very high quality high impact plays in five countries”, Dr. Becker reminds us. “And in the next six months our goal is to add several more to what think is already an all-star list.”

Staggering figures
Currently, independent engineering reports give the company a P50 oil resources of just over 4 billion barrels. “That does not include Tajikistan or any other new ventures which have yet to be independently assessed – giving substantial room for growth.” says Manas Director Neil Maedel. “To see the direction we hope our strategy will take us” he advises, “divide the number of shares Manas has outstanding into the independently engineered resources (which to be conservative we will use 3 billion barrels) which we already have. The number is around 26 barrels per share. Divide it into our share price and you will get around $0.16 per barrel. In comparison North Sea proven reserves sell for about $20 per barrel. Somewhere in between is the exploration and development potential. Best yet is that we are getting other companies to take on most of the risks and pay the bills. We may end up with less of a project but we also get to play safe and smart by spreading our risks among many great high potential projects. And that is how we plan to build a large oil exploration company”.

The hunt for hydrocarbons

Rocksource, a Norway-based oil exploration and production company, has developed analytical tools for analyses of electromagnetic (EM) data that have been proved to triple or even quadruple the likelihood of identifying hydrocarbon deposits.

The EM technology can dramatically reduce the cost of exploration by revealing the presence of oil-bearing structures in even deep and difficult waters where exploration companies are increasingly forced to search for the next high-producing well.

“Rocksource’s tools can increase the chance of success in establishing oil-bearing from 20 percent to 60 percent or more,” explains chief executive Trygve Pedersen. “Hydrocarbons are becoming harder to find and the costs are rising significantly. Our technology means you can improve exploration results and, over time, the efficiency of capital. Basically, it means you can drill wells in a smarter way.”

When correctly interpreted, the firm’s EM technology dramatically reduces the number of dry wells, as a result optimising rig capacity and slashing finding cost per barrel.

“It’s knowledge that oil companies can use,” adds Pedersen, a veteran of the industry who worked for Statoil, BP and Petoro before joining Rocksource. In just four years since the company was established, it has achieved impressive performance on the basis of its technology  based approach.

In a single year it turned a failing on-shore field in Texas into a highly profitable one producing 2000 boepd. The present production rate is not only 40 times higher than when Rocksource took over the field but also 100 percent ahead of target.

It has identified several positive prospects in UK and Norwegian waters

It has formed equity partnerships – ‘farm-ins’ – with much bigger exploration companies that wish to apply Rocksource’s tools to their much larger portfolios.

And another tool, a system for managing reservoirs to maximum potential, has proved important in the Texas field which  Rocksource has used to provide cashflow for further developments as well as to test its on-shore tools

Comparative advantage
Analysts give Rocksource the thumbs-up for its performance so far as well as for its potential. “The EM technology is proven with fast-growing acceptance as a new important exploration tool,” noted DnBNOR markets last year, rating the company as a buy. “The EM competence provides Rocksource with a comparative advantage.”

Glitnir also rates the company as a buy. “Current valuation does not incorporate the potentially huge upside potential in the company’s technology and future exploration success,” it pointed out late last year.

Glitnir also singled out Rocksource for adding “green” value to pre-existing EM technologies. “The company differentiates itself from other E&P players by utilising its own EM interpretation technology to decrease geological risk,” it noted.

Based in Bergen with offices in Oslo, Stavanger and Houston, Rocksource’s management is composed of veterans of the exploration industry. As well as Pedersen, it includes Jonny Hesthammer, vice president technology and professor of seismic interpretation, who has a PhD in structural geology and 11 years experience from Statoil. Similarly, John Howell, vice president of production and a professor in analogue reservoir modelling, has collaborated with most of the major oil companies. Gregor Maxwell, vice president exploration, holds a PhD in reservoir geology and worked for nine years with Texaco and Chevron.

“We have been able to attract the best people in the industry,” says Mr. Pedersen. Of the 40-plus employees drawn from all over the world, no less than 26 are geologists and geophysicists.

Rocksource’s technology has already attracted some blue-chip shareholders in the form of Morgan Stanley (7.75 percent), DNO Invest AS (9.09 percent), Dexia Banque Internationale (5.28 percent) and JP Morgan Chase (1.82 percent). The University of Bergen, where the EM technology originated, holds a 2.5 percent interest.

CSEM a valuable extra tool
The company was established in 2004 to develop the raw, analytical technology it acquired from the university to a point where it has become a tool on which major commercial decisions can be based. According to sources, Rocksource’s advantage is not in gathering EM data, which is now widely used in the exploration industry and is assembled under contract by a number of outside parties such as emgs, Ohm and AGO.

Instead the company’s rapid growth is based on its ability to provide much more precise analysis of EM-gathered data than was possible before, thus potentially saving considerable amounts of drilling capital, and improving success rates.

The company’s core technology is related to controlled source electromagnetic sounding (CSEM), a highly specific methodology that makes possible the identification of resistivity contrasts –crucial in hunting for hydrocarbons – in the subsurface. In simple terms hydrocarbons are resistive, meaning they will bounce back electromagnetic energy to EM sensors placed on the seabed. But if the subsurface rocks are filled only with water, the energy will pass straight through.

Rocksource’s proprietary technology also addresses a problem that has long dogged the exploration industry – the frequency of misleading conclusions from apparently correct interpretations of the raw data. For instance, “false-positive” findings result from data that identifies resistivity as indicating the presence of hydrocarbons when it is something else. And “false-negative” findings may indicate the absence of hydrocarbons in a reservoir where they are in fact present.

Used properly, CSEM data is complementary to seismic data. It integrates it and other information into the entire analytical process. For example, under normal conditions seismic energy, which reacts to variations in rock density and velocity, may suggest the presence of hydrocarbons. But the evidence is not sufficiently concrete to justify expensive decisions. In contrast EM energy provides data that points much more firmly to hydrocarbon content.

Rocksource’s proprietary technology has proved especially valuable in complex, noise-filled settings that require advanced interpretive skills. This has been particularly apparent where other resistive bodies occur near the hydrocarbon reservoir, playing havoc standard interpretative techniques.

“This is why CSEM is another very useful tool in the tool box”, explains Pedersen.

Technology proves its effectiveness
The breakthrough for Rocksource’s tool came in its analysis of the legendary Luva gas discovery on Norway’s continental shelf where BP drilled a well in 1997. Existing EM technology was unable to confirm the presence of gas, although it was known to be there. That led to a collapse in credibility for the electromagnetic detection techniques available at the time. However Rocksource was able to identify the reserves by applying its proprietary analytical tools. “The Luva case was very significant for us,” says Pedersen.

Last year, the first when it explored on its own account, Rocksource tested 39 prospects on the Norwegian continental shelf. It now believes it has identified several prospects that contain promising levels of hydrocarbons. “We know which prospects are highly likely to contain hydrocarbons and which are not,” says Pedersen.

On the basis of its analysis, Rocksource has nominated blocks for the 20th round. The company is further expecting to put down its first EM-based well next year.

The firm’s confidence in its geotechnical skills has been encouraged by the performance of its on-shore fields in Texas — Drews Landing Field and New Ace Field. It drilled seven wells in 2007 on the basis of its proprietary reservoir management technology. All were put into production and are producing well ahead of target. An eighth well was drilled in December and should enter production in January.

“We turned an unprofitable business into a highly profitable one,” says Mr. Pedersen. “It comes down to the ability to use the right tools at the right time.”

Conservative financing
Although Rocksource continues to invest heavily in exploration and development, analysts give it good marks for a healthy financial position. In the final quarter of 2007, for example, revenues increased to 15.4m Norwegian krone [US$2.9m], nearly five times up on the comparable period in 2006. The company retains working capital of around 228m krone [chk], of which 148m krone is in cash. It also has access to extensive credit lines.

Looking ahead, the management team is excited by the farm-ins – the parlaying of its CSEM toolkit into a strategic move into partnerships with bigger operators. “We plan to use our technical edge to develop relations with large companies with much more extensive portfolios,” explains Mr. Pedersen. “Over 2007 we analysed the most suitable areas around the world for our technology and talked with the significant players operating there. So far we have had considerable success in negotiations. For us, this is a very exciting part of the Rocksource story.”

Broad investment could ease emerging energy crisis

It was anyone’s guess. Tensions in Nigeria, Benazir Bhutto’s assassination or a report that claimed the Organization of the Petroleum Exporting Countries (OPEC) might fail to meet its share of global oil demand by 2024. Just three of the many explanations offered up when oil peaked at $100 per barrel in January. In truth, no one knew for sure.

OPEC, the group of nations responsible for about 40 per cent of world oil supply, chose to rebuff claims of an imminent crisis, even though January 2, 2008, represented a low point. Oil costs had tripled since 2004. At the 146th (Extraordinary) Meeting of the OPEC Conference on December 5, 2007, in Abu Dhabi, United Arab Emirates, members did note ‘with concern’ that prices were volatile. The Conference acknowledged geopolitical developments were contributing factors.

But it insisted market tightness was, in major part, the responsibility of market players, ‘exacerbated by non-fundamental factors, including the heavy influx of financial funds into commodities and speculative activity in the markets’.

Having evaluated the market, including the overall demand and supply projections for the year 2008, in particular the first and second quarters, the Conference insisted that market fundamentals had effectively remained unchanged. The market was continuing to be well supplied, the members agreed, and with commercial crude stocks described as at ‘comfortable levels’, the Conference convened. Production has remained constant, yet unchanged, post January 2; as has the OPEC position.

Supply and demand
Heavy price falls followed in January, but traders warn of further runs at $100 in 2008. Some are predicting $200 by 2010. Despite OPEC’s optimism, the long term concern remains the same – the real issue is supply and demand.

Although shorter term fears in the market during the first part of 2008 mostly related to instability in Iran and Nigeria, by the end of January traders were looking to Europe, rather than the Middle East and Africa, where their real focus was on Vienna.

The OPEC Conference had agreed to convene an Extraordinary Meeting in the Austrian capital, on Friday, February 1, 2008, in case ‘necessary measures’ were required to maintain production in balance. Consumer nations called on OPEC for an increase in supply, and The International Energy Agency issued a statement on January 3, 2008, claiming that more oil production was necessary. But it was not a lone solution.

“$100/bbl may be just a symbolic figure but it is a strong reminder that consumers and governments have to implement measures that improve energy efficiency,” warned the agency. Reiterating the need for investment in efficiencies, IEA Oil Analyst David Martin added: “Governments have talked about energy efficiency a lot but not much has happened. “$100 oil is a clear signal that the market is tight. Either we have to get more production or consumers will have to use less.”

Recession and depression?
The IEA’s stark message came just three weeks after energy experts met in London to warn a Parliamentary group that the UK government was failing to recognize how oil and gas depletion could undermine efforts to mitigate climate change. Fears abounded that cheap coal would be used to fuel the country’s furnaces.

Speaking at the All Party Parliamentary Group on Peak Oil, Jeremy Leggett, Executive Chairman of Solar Century, Britain’s largest solar energy company and a government energy adviser, called on the government to enact an urgent contingency study into the prospect of declining world oil reserves. Leggett warned that failure to address oil depletion would lead to ‘a shock to the global economic system that is capable of taking us not just into the next recession, but into a depression in the way that the events of 1929 did’.
Chris Vernon, an oil analyst and commentator for The Oil Drum website, echoed the warning.

Several speakers at the meeting on December 5, 2007, claimed world oil production had reached a plateau, and that terminal decline was likely to set in before 2015. John Hemming MP, Chair of APPGOPO said: “If the government fails to act, the economic, social and environmental consequences are likely to be dire.”

New discoveries
While debates over demand, fuel alternatives/efficiencies and production costs continue, upstream developments within the oil industry have not been insignificant. The world’s second largest discovery in the past 20 years occurred at Brazil’s Tupi field, in November, 2007. Estimated recoverable reserves could reach eight billion barrels.

Galp Energia – owner of a 10 percent stake in Tupi – climbed to a record in Lisbon trading amid reports production may deliver one million barrels of crude a day. Galp’s shares more than doubled to a market value of €15.8bn.

Oslo-based Rocksource announced on January 8, 2008, that production targets for the year had been met from its US subsidiaries, exceeding 2,000 barrels of oil equivalent per day. Two days later, Swiss-based Manas Petroleum stated that a resource evaluation in north-western Albania had assigned 2.987 billion barrels of oil with 3.014 trillion cubic feet of associated gas.

Upstream investment
Despite the successes, oil suppliers in general are struggling to increase production. Investment is increasingly being seen as the panacea for the supply/demand conundrum. While some experts (Ernst & Young 2008 Global Oil & Gas Industry Forecast) predict an even more cautious approach to upstream spending in 2008, others suggest more substantial, untapped oil and gas reserves could be realised.

India – with its unprecedented growth (alongside China’s) fuelling the global oil and gas demand – is among those nations pushing to develop new energy resources. Mr M.S. Srinivasan, India’s Union Secretary for Petroleum and Natural Gas, issued a stark warning while addressing delegates at New Exploration Licensing Policy-VII road show, in Mumbai, India, on January 8.
Crude oil prices could reach $150 a barrel within two or three years, he said, and therefore the Government intended to put more efforts into oil exploration and production.

As Asia’s third largest oil consumer, the country remains fearful that soaring crude prices will curb its record economic growth. Attempts are ongoing to attract major companies such as Exxon Mobil and Chevron to invest their specialist knowledge and expertise to explore the remotest regions.
But the government is not alone in seeking to develop resources. India is competing with countries such as Nigeria to attract global explorers to search in deep waters and formerly inaccessible districts.

Several hundred experts and delegates attended the 7th International Conference & Exposition on Petroleum Geophysics, in Hyderabad, over three days from January 14-16 to discuss new upstream strategies. Supported by Society of Exploration Geophysicists USA and European Association of Geoscientists and Engineers Netherlands, the theme was: Energy Security: Exploration, Exploitation & Economics.

“This was a unique opportunity to present and share the benefits from technical experiences, achievements and advances made by fellow professionals,” said Apurba Saha, President of the Society of Petroleum Geophysicists, India. The Union Secretary for Petroleum and Natural Gas, Mr M.S. Srinivasan, stated at the conference that the Government would decide within a fortnight on a moratorium for oil exploration.

Poor infrastucture
The statement followed a request made by major oil companies to extend deadlines regarding delays in exploration. The problem was a shortage of rigs for exploration. The IEA believes poor infrastructure is an issue affecting energy resources worldwide. The agency is confident large amounts of untapped oil and gas remain available, but it fears access is limited when utilising aging infrastructure in areas of high demand.

Chronic new project delays and cost inflation mean significant delays in consumer delivery. Others are in agreement with the IEA assessment that more investment is required. Latest analysis by the IMF suggests that supply is lagging demand growth because of the increasing technological and economic challenges for oil production.

The IMF predicts a prolonged price surge will have an effect of curtailing demand—especially in the United States, by inducing greater substitution into other energy sources and by increasing incentives to conserve energy.

But tight market conditions are expected to persist and possibly intensify, assuming strong GDP growth continues in the emerging markets of India, China and others.

China’s growing economy is believed to be the most important factor in the oil price rise over the past four years, with India not far behind. Although global figures have been revised for 2008, GDP remains strong, and is likely to intensify pressure on demand whatever happens in America.

Gas to liquids in 2008
The demand issues will increase focus on synthetic fuels this year. Research and Markets, the world’s largest market research resource, has announced the addition of a report: Analyzing Gas to Liquids Market – 2008 1st Edition, to its portfolio. Major international oil companies (IOCs) such as BP, ExxonMobil, Royal Dutch Shell continue to investigate options in the gas to liquid market. South African national oil companies PetroSA remains among the most active in its production. Global LNG demand is now expected to reach more than 500 bcm/year by 2015 and 635 bcm/year in 2020.

The International Energy Agency estimates that European imports of gas from Africa and the Middle East (mainly in the form of LNG) will at least quadruple by 2030. As for long term predictions regarding crude oil? A finite source that will one day run out. Beyond that we are all guessing, even the Middle East.

Economies braced for bumpy ride

A year ago, it all seemed so much simpler. Following a bumper year in 2006, most economists were looking for a continuation of the good times into last year. Some talked about worries over the health of the US economy, but the expectation was that any downturn would be short-lived. Sub-prime may have been on many economists’ radars, but the phrase would have meant little to the public.

At the start of this year, things look gloomier. Most economists expect the US to grow by less than 2.5 percent, with a sharp slowdown in the eurozone to about 2 percent, and the UK, worse affected than many, down to about 1.9 percent.

However, thanks to continued robust growth in the likes of India and China, globally growth should stay above four percent. If this proves to be the low point in the current economic cycle, that would not be a bad performance overall.

The Organisation for Economic Co-operation and Development is trying to remain optimistic. Jørgen Elmeskov, its acting head of the economics department, said in its most recent report: “Several shocks have hit OECD economies recently: financial turmoil, cooling housing markets, and higher prices of energy and other commodities.

“Fortunately, they have occurred at a time when growth was being supported by high employment, which boosts income and consumption; by high profits and strong balance sheets which underpin investment and resilience in the face of financial losses and tighter credit; and by still-buoyant world trade, driven by robust growth in emerging economies.”

Merrill Lynch echoed the sentiment that the world economy ought to be robust enough to cope with the fallout from the credit crisis. Its global economics team wrote: “We remain optimistic that the global economy remains resilient in the face of a US slowdown, and forecast a moderation of global growth ex-US to 5.6 percent this year from 6.0 percent, even as the US slows… to 1.4 percent.”

Goldman Sachs is among those taking a more sanguine line. Jim O’Neill, its head of global economic research, said: “Our gross domestic product forecasts show a period of weaker-than-consensus growth this year, before a gradual return to trend next year.

“Our forecasts for both the US and the Bric economies of Brazil, Russia, India and China for 2008 are now below consensus. Given that close to 70 percent of all the growth so far this decade has originated in either the US or the Brics, this suggests it will be very difficult for the world to avoid a further slowing unless others surge.”

Merrill is even gloomier than Goldman on the prospects for the US this year. Its economics team wrote: “The US consumer is on the precipice of experiencing its first recessionary phase since 1991, the last time we had the combination of high, punishing energy prices; weakening employment conditions; real estate deflation and tightening credit conditions.”

It sees a sharp decline in the early part of the year. The economists wrote: “A more solid tone to the global economy and a weak dollar will help bolster exports but it is doubtful this will be enough to prevent overall GDP growth from declining in real per capita terms in the first half of 2008.” The bank expects it may take until late this year for a sharp recovery to take hold.

In Europe, inflation is a growing worry, at least in the short term. Deutsche Bank wrote: “Inflation has deteriorated and the European Central Bank hawks are growing more vocal. The question is, will growth slow enough to prevent inflation risks from materialising? We think yes, on balance.” For the rest of the world, the outlook is also uncertain.

Merrill Lynch wrote: “In Japan, a profits squeeze at smaller firms has derailed the labour market, with a bottom likely only from the middle of this year as wages resume their rise and the Bank of Japan adopts a more reflationary policy bias. In the rest of Asia, liquidity is abundant, but economic resource constraints are drawing near.

“We see upside risks to inflation, domestic asset prices, or both. Latin America looks forward to another year of solid growth.”

Some of the biggest questions remain with the UK, with the impact of the credit crunch on the housing market, and hence on consumer spending. With inflation still at the upper end of the Bank of England’s comfort zone, it may be more reluctant than others to cut interest rates in the event of a slump. If so, it will be the country as a whole, not just the capital’s financial community, that is likely to be in for a rocky year.

Ten geopolitical risks to watch out for this year

1) The Middle East
Iran: The perceived risk of military intervention against Iran’s nuclear programme is likely to remain the biggest single political influence on the price of oil. However, we continue to judge the probability of such an attack as low.

This is because: although there are conflicting assessments of Iran’s progress on uranium enrichment, most experts – including the US intelligence agencies – agree the Iranians are several years away from building weapons; diplomacy continues and there are signs that non-UN financial sanctions are starting to bite; political turmoil within Tehran is encouraging hopes that President Mahmoud Ahmadinejad’s supporters may suffer a setback in the March 2008 majlis (parliamentary) elections; and the risk military action poses to the global economy all stand to weigh heavily, especially in a US election year.

Israel/Palestine/Syria/Lebanon: Despite some positive signs from the November 2007 Middle East peace conference in Annapolis, expectations of progress on resolving the region’s conflicts are low.

2) Pakistan
Pakistan has topped international news since former Prime Minister Benazir Bhutto’s assassination on December 27 (at least until Kenya hit the headlines thanks to post-election rioting) and is probably set to remain there for some time. Pakistan has been in continuous political turmoil for most of the past year with no visible impact on market sentiment towards India.

Nevertheless, the risk which Pakistan poses in terms of exporting terrorism – to India and globally – remains a real one and another terrorist strike against the Mumbai infrastructure could have an impact on market sentiment towards India. One way or another, we expect political turmoil to continue in Pakistan for a protracted period – and for the long-term trend to remain downhill.

3) US elections
Opinion polls continue to suggest that former First Lady Hillary Clinton will win the Democratic Party primary and ultimately become the next US President, and that former New York Mayor Rudolph Giuliani will win the Republican primary. But there is plenty of scope for an upset in either party’s primary. The Democrats are expected to retain their majority in the House of Representatives and to increase their seats in the Senate from the current 51, which includes two independents.

4) Trade friction
Failure to reach agreement in the Doha multilateral trade round has highlighted concerns over swelling protectionist sentiment – especially in the run-up to the US elections – with the focus likely to remain on China’s alleged “unfair” trade practices and problems over product safety. Absent accelerated renminbi appreciation, such sentiment could rapidly spread, notably to the EU, where the Commission is seeking additional powers to impose “countervailing duties”.

5) Sovereign wealth funds
National security concerns, legitimate or otherwise, around the rising power of SWFs, their desire for greater diversification of their holdings and the emergence of new funds in China and Russia stand to fuel protectionist sentiment in Europe and the US.

6) Taiwan
The opposition ‘pan-blue’ alliance led by the Chinese Nationalist Party (KMT) looks likely to win the January 12 parliamentary election, with its candidate Ma Ying-jeou favoured to win the March 2008 presidential election, having been cleared late last month of corruption allegations that could have prevented him from running. KMT wins should bring some easing of economic constraints with China in the months ahead but are unlikely to lead to a major political shift.

7) Thailand
Despite a reconstitution of the electoral process that was widely thought not to favour supporters of the former prime minister Thaksin Shinawatra – now largely reconstituted from the banned TRT into the PPP – the PPP leader, Samak Sundaravej, announced at the end of last week that, following the December 23 general election, he expects to be able to form a (narrow) majority coalition with the support of three small parties.

Samak may be able to persuade Chart Thai and Peua Pandin, which have 65 seats between them, to join, too. PPP emerged from the election as expected as the largest single party with 233 seats out of 480. PPP’s lead over the Democrats (165 seats) is such that, in our view, the Election Commission – currently investigating 139 petitions over alleged electoral misdemeanours – looks unlikely to disqualify sufficient PPP members to alter the outcome.

The election outcome has underlined that Thailand remains a country deeply divided between its pro-Thaksin rural population and the urban middle class and elite. Political uncertainty looks set to continue.

8) Russia
The pro-Kremlin United Russia party emerged from the December 2, 2007 parliamentary elections with the majority required to push through constitutional amendments. This could help President Vladimir Putin’s intention to retain a grip on power after he steps down following this year’s March 2 presidential election.

9) Korea
The GNP’s Lee Myung-bak won last month’s presidential election (with 48.7 percent of the vote – higher than expected albeit on a low turnout), but is subject to a renewed corruption investigation. However, our judgment is that Lee will take office on February 25. Parliamentary elections are due on April 9.

Pro-business Lee is expected to put significant emphasis on economic growth but looks likely to do little to slow the growth of economic nationalism in Korea. He is also expected to foster closer ties with the US as the six-party talks on dismantling North Korea’s nuclear programme enter a critical phase early this year.

10) South Africa
Jacob Zuma has been elected leader of the ANC despite the efforts of President Thabo Mbeki. But the National Prosecuting Agency has charged Zuma with corruption and scheduled a trial for August – a move his supporters claim is politically motivated to block him from election as President of South Africa in January next year. We therefore judge that any hope of reconciliation between Mbeki and Zuma is slim and that political uncertainty will continue.

Industry prepares to be wrapped in more red tape

The regulatory burden for banks, brokers and fund managers trading in Europe is set to increase this year, as the authorities try to improve their oversight of an increasingly complex business. However, regulators must ensure there is consistency between national and European rules.

The globalisation of the capital markets, characterised by increased cross-border investment, is well-documented but less apparent are the challenges this presents to national and international regulators.

In Europe, national regulators, such as the UK’s Financial Services Authority, and multinational authorities, such as the European Commission, are increasingly required to work in partnership to ensure consistency between procedures for transacting business within a jurisdiction and between one market and another.

But while they attempt to stimulate market harmonisation, they do not always practise what they preach when it comes to the unification of different regulatory regimes. This has the potential to become a problem this year, with more reforms in the pipeline.

Consistency between regulators is sometimes complicated by the different approaches taken by these watchdogs. A recent report by consultancy TowerGroup argued the contrasts between “principles-based and rules-based approaches to financial regulation among major financial services centres will inhibit global financial regulatory harmonisation”.

The warning followed a pledge by the FSA to adopt more principles-based regulation this year, a move TowerGroup called “a radical and controversial stand against the trend in financial regulation globally, which is towards rules-based regulation”.

Political resistance
Bob McDowall, a senior analyst at TowerGroup, said: “Although they may wish to adopt principles-based regulation, most regulatory jurisdictions will be prevented from doing so by the difficulty of enacting national primary legislation and by consumer and political resistance.”

McDowall said principles-based regulation will demand “innovative approaches in the deployment of technology, presenting significant business opportunities for vendors and service providers” but added that financial institutions “will succumb to regulatory arbitrage by using principles-based jurisdictions to accelerate implementation of financial innovation”.

Such regulatory arbitrage would be mitigated, in Europe at least, by a single, centralised EU regulator – a proposal that was discussed last year. For the time being, European finance ministers are working on a comprehensive work programme, which provides for evolution of the existing framework, but the focus will be on practical steps to improve the quality of its output, rather than a leap to more centralised EU arrangements.

Some parts of the market have benefited from the co-operation between different regulators. Jon Carr, head of public policy at Swiss bank UBS, welcomed the news late last year that the US Securities and Exchange Commission will consider allowing US companies to use international accounting rules following the regulator’s decision that non-US companies could submit accounts using the international standard.

The rules eliminate the need for foreign companies to reconcile their financial statements prepared under the International Financial Reporting Standards with the US’s Generally Accepted Accounting Principles.

Carr said: “The November 2007 decision by the SEC to allow foreign issuers listed in the US to file their accounts under IFRS without reconciliation to US GAAP, was a significant and welcome step towards a high-quality, global accounting language, for which the EU authorities, led by internal market commissioner Charlie McCreevy, deserve considerable credit.”

Less well received has been the roll-out of the markets in financial instruments directive, the trading reforms led by the EC but implemented – or not, as it turned out in some cases – by the local regulator in each of the 30 European countries.

Eleven countries failed to meet the November 1 deadline for passing the trading rules into law in their individual markets, with four countries only partly hitting the target and seven, including Spain, Poland and Portugal, not getting that close.

The Netherlands and Finland left it to the day before to define how the laws would be applied in their domestic markets, despite having originally been set a deadline of January 31 to do so. The regulators have committed to catch up this year but their tardiness is causing confusion for investment companies operating in multiple countries.

Customer challenges
Jitz Desai, a director at Mifid think-tank JWG-IT, said: “The reason the EC set a January deadline for transposition was to allow companies in those markets nine months to prepare for the changes. Until the rules are enforced, investment companies may find themselves unclear as to their position regarding customer challenges.”

Recent research by JWG-IT suggests that as many as four in five European banks, brokers and fund managers expect to be questioned over their compliance with Mifid, while two in three of those surveyed think they will be called to task before the end of March.

PJ Di Giammarino, chief executive of JWG-IT, said the failure by a third of European countries to implement the rules has left “thousands of firms little time to adjust”. He added: “This is a critical time for the market, as it has taken the first few steps in the four-year Mifid implementation.”

Niki Beattie, head of market structure at Merrill Lynch, has welcomed the Mifid changes, which allow banks and brokers to challenge the quasi-monopolies historically enjoyed by European stock exchanges. However, she is under no illusion that the industry’s Mifid efforts were eased by the passing of the November 1 deadline.

She said: “Implementing regulation, like Mifid, was a great challenge last year and its impact will continue to drip-feed into this year as it is implemented fully across Europe. I suspect that we won’t see any major regulatory change this year at a pan-European level for secondary markets as the Committee of European Securities Regulators and the national regulators assess the full impact of Mifid, particularly looking at new challenges such as liquidity fragmentation.”

Beattie is convinced there will be a Mifid II at some stage, focusing on “some of the issues that arose out of the first directive and other asset classes, such as the European debt and derivatives markets”. She advises European authorities to assess the impact of the regulation that is in place, rather than press ahead with new directives.

Mifid-related problems have arisen, with brokers complaining about the lack of a centralised list of pan-European stocks, making trading and trade reporting more complex. The emergence of dark pools – alternative trading systems that allow banks, brokers and fund managers to trade anonymously, thereby reducing market impact – is another concern for regulators.

Mifid may have left some of Europe’s national regulators wanting but the EC seems to have done rather better with its voluntary Code of Conduct on European clearing and settlement. The code, which came into effect on January 1 with the backing of Europe’s top exchanges, clearers and settlement depositories, exemplifies a more flexible approach by European regulators.

Coming to Europe
Beattie also welcomes the code, arguing that clearing and settlement will come into regulatory focus this year, with the London Stock Exchange moving into these services after its acquisition of Borsa Italiana, and the Depository Trust and Clearing Corporation, the dominant US clearer, set to come to Europe with its EuroCCP.

Beattie said: “The code of conduct is not a piece of regulation and we prefer the lighter touch of the code rather than a directive, which could take another two or three years, but we also want to see progress in harmonising European clearing and settlement.”

She has argued a single clearing house could drive down the cost of clearing and settlement in Europe, making it more competitive with the US for international trading.

New regulations – including Solvency II; capital adequacy rules in the insurance sector; Ucits, which determine the practices of collective investment schemes; as well as more Mifid – are being lined up for this year, but banks are quick to warn the watchdogs against overreacting to market crises.

It is unclear how global and EU public authorities will decide to respond in the longer term to recent market developments, although the markets like the fact they have tended to refrain from any kneejerk regulatory response.

The UK’s Walker report on private equity has proposed increasing the disclosure requirements for buyout companies, while Alistair Darling, UK Chancellor of the Exchequer, is proposing reforms to the capital gains tax requirements that could force private equity firms in the UK to pay as much as 18% tax on profit.

The regulatory burden on companies trading in Europe looks set to increase again this year but, unusually, London-based investment banks seem broadly pleased with the scale and tone of regulation in Europe, citing the famous principles-based approach of the FSA as a factor in this success. However, they are quick to warn the regulators against complacency.

In an industry that thrives on innovation, it is the responsibility of regulators to ensure they are matching the pace of change set by the banks and honouring their commitment to protect investors without hampering companies’ endeavours to make money.