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Lanka sovereign bond holders write to the IMF

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ECONOMYNEXT –Sri Lanka’s bondholders have written to the International Monetary Fund expressing their willingness to engage in debt re-structuring talks but also raising matters related to the domestic debt re-structuring and economic assumptions and forecasts.

The group, styling itself as the “Ad Hoc Group of Sri Lanka Bondholders (the Bondholder Group) has written last week to the IMF Managing Director from New York said inter alia that the Bondholder Group through its Steering Committee stands ready to engage quickly and effectively with the Sri Lankan authorities to design and implement restructuring terms that would help Sri Lanka restore debt sustainability and allow the country to re-gain access to the international capital markets during the IMF Programme period.

The letter concluded with the paragraph: Recognizing the important commitments made by India in the India Letter, the Sri Lankan authorities will apply the principle of comparable treatment in respect of the debt relief requested and obtained from all their remaining official bilateral creditors.

Following is the text of the letter:

NEW YORK, Feb. 3, 2023

Dear Managing Director Georgieva,The Ad Hoc Group of Sri Lanka Bondholders (the “Bondholder Group”) acknowledges the Sri Lankan authorities’ engagement with their official creditors towards a resolution of the current crisis and restoration of debt sustainability.

The Bondholder Group further acknowledges that such engagement has recently resulted in the Government of India (in its letter to the IMF, dated January 16, 2023 (the “India Letter”)) delivering letters of financing assurances, committing to support Sri Lanka and contribute to its efforts to restore debt sustainability by providing debt relief and financing consistent with the IMF Extended Fund Facility Arrangement (the “IMF Programme”) and the IMF Programme targets indicated in the India Letter.

Similarly, the Bondholder Group through its Steering Committee stands ready to engage quickly and effectively with the Sri Lankan authorities to design and implement restructuring terms that would help Sri Lanka restore debt sustainability and allow the country to re-gain access to the international capital markets during the IMF Programme period.

Based on the limited information available to us at this time, including information contained in the India Letter, we understand that the IMF Programme’s debt sustainability targets are identified as

(i) reducing the ratio of public debt to GDP to 95% by 2032,

(ii) limiting the central government’s annual gross financing needs to GDP ratio to 13% in the period between 2027 and 2032, and central government annual foreign currency debt service at 4.5% of GDP in every year between 2027 and 2032 and

(iii) closing of the external financing gap.

The Bondholder Group hereby confirms it is prepared to engage, through its Steering Committee, with the Sri Lankan authorities in restructuring negotiations consistent with the parameters of an IMF Programme and the targets specified therein (the “IMF Programme Targets”), which the Bondholder Group understands to be the targets identified in the India Letter; it being recognized that these negotiations will necessarily be further informed by the receipt of the forthcoming DSA.

We would note that the finalization of an agreement will also be subject to the satisfaction of the following conditions:

The central government’s domestic debt – defined as debt governed by local law – is reorganized in a manner that both ensures debt sustainability and safeguards financial stability.

Assuming that annual gross financing needs should not exceed 13% of GDP in the period between 2027 and 2032, whilst allowing for central government annual foreign currency debt service to reach 4.5% of GDP in every year between 2027 and 2032, domestic gross financing should therefore be limited at 8.5% of GDP for the period 2027-2032.

While we recognize that the determination of the economic assumptions underpinning the IMF Programme Targets is ultimately the responsibility of the IMF and that the overall design of the IMF Programme is one that is negotiated between the IMF and Sri Lanka, it is nevertheless important that the Bondholder Group has the opportunity to express its views on both the economic assumptions underpinning these IMF Programme Targets and the adequacy and feasibility of the adjustment efforts contemplated under the IMF Programme.

When considering any restructuring proposal that is made to the Bondholder Group, it is the Bondholder Group’s intention to take into consideration the extent to which the economic assumptions and the adjustment efforts are consistent with these views.

Recognizing the important commitments made by India in the India Letter, the Sri Lankan authorities will apply the principle of comparable treatment in respect of the debt relief requested and obtained from all their remaining official bilateral creditors.



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Lanka to lend US$2.5bn to US and top-rated borrowers in 2023 under IMF deal: analysis

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ECONOMYNEXT – Sri Lanka is projected to lend 2,533 million US dollars mainly to the US and Euro areas during an International Monetary Fund deal in 2023 including a mandatory 1.4 billion US dollars collected from exports and remittances, according to official documents.

Sri Lanka is expected to get two tranches of 331.2 million dollar (254 million special drawing rights each) in March and September 2023 from the IMF.In 2023 Sri Lanka has to repay 256.4 million dollars from an earlier IMF loan taken during an earlier currency crisis.

Net inflows from the IMF would be 406.12 million US dollars in 2023 if the first review is completed in September 2023.Sri Lanka has committed to collect at least 1.4 billion US dollars from remittances and exports and lend to the US and other developed nations during 2023 under the IMF deal.

A large volume has already been collected. An ad hoc peg is now operated under the IMF deal to buy dollars and export to the West, as ‘below-the-line outflows. Sri Lanka’s foreign reserves are usually loaned to highly rated sovereign or sovereign linked borrowers, mainly in the US.

But there have been amounts of Euro assets in Sri Lanka’s foreign reserves at times, triggering forex losses when the dollar to Euro parity changed.Under the IMF program there is a performance criterion to increase net international reserves by 1,948 million dollars during 2023.

Sri Lanka is also expected to repay a 200 million US dollar swap to Bangladesh during 2023, which will also raise the NIR.At the moment Sri Lanka’s central bank is in debt after borrowing from India, Bangladesh, India including on Asian Clearing Union dues as well as the IMF. Year end net international reserves would still be negative.

Sri Lanka’s gross reserves are expected to rise by 2.5 billion US dollars to 4.4 billion US dollars in 2023 indicating that the country will lend 2.5 billion US dollars to the US and other highly rated borrowers. It may include re-invested interest coupons.

Sri Lanka is also expected to get 650 million dollars from the Asian Development Bank and 250 million dollars from the World Bank as part of partner support for the IMF deal. Outside of core monetary reserves linked to reserve money, balances in Treasury accounts are also counted as forex reserves.

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BASL writes to IGP over protest against Saliya Peiris

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The BAR Association of Sri Lanka (BASL) has condemned a protest staged outside the Law of Chamber of BASL President Saliya Pieris, PC on Friday.The protest was staged against the representation of Saliya Pieris, PC for notorious Sri Lankan drug kingpin Nadun Chinthaka alias “Harak Kata”.

Condemning the protest, BASL said in a statement that Saliya Pieris, PC was only conducting his professional duties with regard to a particular client.

“We are of the view the said protest seriously hinders his right to represent a client, a professional right which has been safeguarded by law,” it pointed out.

The BASL called on the Inspector General of Police (IGP) to take action to ensure that Saliya Peiris’s professional duties as an Attorney-at-law, are not hindered and to ensure his safety.

Full text of the letter: ” We write with reference to an organized protest outside the chamber of Mr Saliya Pieris, President of the \Bar Association of Sri Lanka.

We have been made aware the said protest relates to Mr. Pieris conducting his professional duties with regard to a particular client. We are of the view the said protest seriously hinders his right to represent a client, a professional right which has been safeguarded by law.In the case of Wijesundara Mudiyanselage Naveen Nayantha Bandara Wijesundara v Sirwardena and Others (SCFR 13/2019), the Supreme Court observed that:

“The first piece of legislation passed by the Parliament soon after the promulgation of the 1978 Constitution was the Judicature Act No. 02 of 1978. As the administration of justice in any civilized society cannot be effectively implemented without lawyers, the legislature in its wisdom, through the Judicature Act, established the legal profession.

Thus, there is no dispute that the legal profession is a sine qua non for the due administration of justice in this country and for that matter in any civilized society. The said profession is essential for the maintenance of the Rule of Law and maintenance of law and order and its due existence is of paramount importance to the organized functioning of the society which is primarily the basis for the smooth functioning of the country as a whole.”

Further, Section 41 of the Judicature Act which has clearly set out the right of representation, and, has further shed light on the above mechanism established for implementing the administration of justice in the country.

It is as follows; Section 41 of the Judicature Act (Right of Representation)

(1) Every attorney-at-law shall be entitled to assist and advise clients and to appear, plead or act in every court or other institution established by law for the administration of justice and every person who is a party to or has or claims to have the right to be heard in any proceeding in any such court or other such institution shall be entitled to be represented by an attorney-at-law.

(2) Every person who is a party to any proceeding before any person or tribunal exercising quasi-judicial powers and every person who has or claims to have the right to be heard before any such person or tribunal shall unless otherwise”

Therefore, we strongly demand that you take action to ensure that Mr. Peiris’s professional duties as an Attorney-at-law, are not hindered and to ensure his safety.”

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State need not do business, says Ranil, seven SOEs to be divested

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ECONOMYNEXT – The State need not engage in business as its mandate is to provide services such as education and maintain law and order, President Ranil Wickremesinghe said Thursday defending plans to divest government-held shares of seven state owned enterprises (SOEs).

At a discussion at the presidential secretariat on Thursday morning, Wickremesinghe responding to a question about the decision said that Sri Lanka must no longer hold on to corporations and enterprises owned by the government.

Sri Lanka has been spending more on the state-run Ceylon Electricity Board (CEB) and the Ceylon Petroleum Corporation (CPC) than it has on education, he said.The following seven SOEs will undergo the divestment of state-held shares: Sri Lankan Airlines Ltd including Sri Lankan Catering Ltd, Sri Lanka Telecom PLC, Sri Lanka Insurance Corporation Ltd,

Canwill Holdings Pvt. Ltd., (Grand Hyatt Hotel), Hotel Developers Lanka Ltd., (Hilton Hotel Colombo), Litro Gas Lanka Ltd., including Litro Gas Terminals (Pvt) Ltd., (LPG retailing), and Lanka Hospital Corporation PLC

The State Owned Enterprises Restructuring Unit of the Ministry of Finance, Economic Stabilisation and National Policies will oversee the process, a statement said.

“Not all of them are loss making. But we do have to repay debt. You can’t keep these and pay back loans.

“If we can’t pay off our loans, we might have to sell something in the house and pay it,” said Wickremesnghe.

Asked why Sri Lanka should sell SOEs that aren’t making losses, he responded: “Why is the state engaged in business? That’s not our mandate. The state has no business engaging in business.”

“In what country is there a law that these (businesses) should be (held by the state)?” he added.

Noting that the crisis-hit nation is trying to embark on a path of recovery and rapid development, the president said Sri Lanka must follow India’s example.

“India is selling their airports, profit making ones. India has come to that stage. We have to go there too.”

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