Thursday 31 December 2009

New Year's Celebrations Cancelled At Suq Al Mal - And Just in Time!

Luckily I just saw this article in Gulf News.  I had just enough time to cancel Nancy Ajram's performance.  Hopefully, she can get a last minute booking in Bahrain.

Anyways, as you all know by now, if I read it in the Gulf News,  I know it has to be true.
"There must be a zero-tolerance policy towards any parties or celebrations marking the new year as they are against religion and the law," MP Mohammad Al Hayef said.
Since GN is from Dubai, it omitted the good MP's full name, Mohammed Al Hayef Al Mutairi.  And he represents the good folks in the Fourth District.

I hope all of you out there will take Brother Mohammad's words to heart.

AA will be spending the evening shortening the hem on his virtual thaub.  You would be well advised to do the same.

End of Year Protocol #2 - Words of ?


Copyright 2003 David Monniaux

Another contribution to the year end protocol of media retrospectives. 

This one not in the wisdom category but somewhere between incredible and bizarre.
  1. "Something is unusual. We have never had such a high number of people involved in corruption," Dhahi Khalfan Tamim, who also heads the Dubai government's budget committee, told Reuters. 
  2. Tamim said police had drawn "a list of more than 60 people mainly from government-linked companies" who are under investigation, adding no-one on the list was from a government department.
It's hard to understand this surprise.  

After all, what possibly could go wrong with US$ 60 billion of hot and easy money rocketing through the Emirate?  With contracts being let left and right for billion dollar projects?  And ignoring for a moment the regional history of commissions,  Philip Thorpe's observations in 2004 or the corruption trials at the beginning of 2008, who in their right mind might have guessed there was an increased potential for corruption?  Or that it was occurring?

As a distinguished Capitaine once put it "I'm shocked, shocked to find that gambling is going on here".

End of Year Protocol #1 - Words of Wisdom

The end of the year is a traditional time for reflection in the media - retrospectives on the year, best and worst of the year lists, etc.

As a newbie blogger, here's my first entry in that exercise, a link to an article by Richard Thaler of The University of Chicago on the efficient markets hypothesis.

Yes, the italics are deliberate.

Like all economic theories  the EMH is an opinion.   In economics one hopes for informed opinions, but opinions they remain.  Not scientific laws.  Nor Divine revelations.

Often the most profound thoughts are the simplest.  And perhaps the most obvious.

4-1!



I see my earlier request to increase the first number has been granted. But to avoid any appearance of greed, the second number can remain at zero.

On to Sunday.

Adeem Investment Company - The Work Continues

Boston Harbour Tunnel watch out, Adeem Investments is gaining on you.  Or for those with a taste for more local references - the street project in central Sana'a.

Yes, AIC's webmaster is still hard at work to better serve you.

Kuwait Stock Exchange Suspended Companies - And Then There Were Six

As we close out the last day of 2009, here's the final list of companies suspended from trading by the KSE:
  1. Lu'lu Real Estate Compay (Pearl Real Estate) - شركة لؤلؤة الكويت العقاريه (لؤلؤة)‏
  2. Safat Global Holding - شركة الصفاة العالمية القابضة
  3. Shabka Holding - شركة الشبكة القابضة
  4. The Investment Dar - شركة الدار للاستثمار
  5. International Leasing and Investment -الشركة الدولية للاجارة والاستثمار
  6. Villa Moda - شركة فيلا مودا لايف ستايل
As before they are suspended for failure to provide financials.  With the use of  Western numbers in the press release, you can see which reports are missing. Safat and Shabka share the dubious distinction of also being suspended for failure to pay their 2009-2010 listing fees.

Arabic text of the KSE official announcement below.

[7:53:37]  ِ.الشركات الموقوفه عن التداول
يعلن سوق الكويت للأوراق الماليه بأنه تم وقف تداول اسهم بعض الشركات وفقا
لما يلي :-‏
اولا: الشركات التي لم تقدم بيانات 30-06-2009 و30-09-2009 :- ‏
شركة لؤلؤة الكويت العقاريه (لؤلؤة)‏
ثانيا:الشركات التي لم تقدم بيانات 31-03-2009 و30-06-2009 و30-09-2009:- ‏
شركة الصفاة العالمية القابضة(صفاة عالمي) ‏
شركة الشبكة القابضة (الشبكة) ‏
ثالثا: الشركات التي لم تقدم بيانات 31-12-2008 و31-03-2009 و30-06-2009 ‏
و30-09-2009 :- ‏
شركة الدار للاستثمار(الدار)‏
الشركة الدولية للاجارة والاستثمار (د للاجارة) ‏
شركة فيلا مودا لايف ستايل(فيلا مودا) ‏
رابعا: الشركات التي لم تسدد رسوم الاشتراك السنوي لعام 2009-2010 :-‏
ِ شركة الصفاة العالميه القابضه (صفاة عالمي) ‏
ِ شركة الشبكه القابضه (الشبكة) ‏

Aref Investment Group - Chairman Resigns

Aref Investment Group Kuwait announced on the Kuwait Stock Exchange that its board met on 30 December 2009 to accept the resignation of its Chairman, Dr. Ali Fahd AlZami'i, (both from the Board and as Chairman) and the appointment of Mr. Ibrahim Abdullah AlKhazaam, as Managing Director effective 1 January 2010.

The market had been rumoring a major change as evidenced in this earlier post.

This year there have been more than the usual changes in boards and management of financial companies in Kuwait - some of which I've commented on - reflecting the difficult situation of many companies there.  You will also recall that Aref has been identified as one of the companies opposing The Investment Dar's restructuring proposal.  The question is whether this change is at all related to any change in approach by Aref on that topc.  My guess is not and that the two are not related.  But as Umm 'Arqala can testify from years of experience AA isn't always right.

You can access earlier posts on both Aref and The Investment Dar by using the respective labels on SAM's home page.

Here's the KSE announcement (Arabic text only).

9:44:3] ِ.استقالة رئيس مجلس إدارة مجموعة عارف الاستثمارية وانتخاب عضو منتدب ‏
يعلن سوق الكويت للأوراق المالية بأن مجموعة عارف الاستثمارية أفادته ‏
بأن مجلس إدارة الشركة قرر في اجتماعة بتاريخ 30-12-2009 قبول ‏
استقالة الدكتور / على فهد الزميع من رئاسة وعضوية مجلس إدارة المجموعة ‏
اعتباراً من نهاية دوام يوم 31-12-2009 واختار المجلس السيد / ابراهيم ‏
[عبدالله الخزام عضوا منتدبا اعتباراً من يوم 1-1-2010 .‏

Global Investment House - Shareholders' OGM to Approve Restructuring

GIH announced on the Kuwait Stock Exchange that it would hold a shareholders' ordinary general meeting on 12 January to approve the following in connection with its recent restructuring agreement:
  1. Transfer of all its non real estate assets to Global Macro Fund in Bahrain.
  2. Transfer all its real estate assets to Mushaa Islamic Real Estate Company (Kuwait)
  3. Approve the pledge of all assets to the lenders.
As discussed below, this will be a critical meeting as this is the last key (legal) step to finalizing  the restructuring agreement struck by GIH with its creditors.  Failure by the OGM to approve these items would be a serious set-back to the restructuring.  One that I don't think is likely.

Here's the KSE announcement (Arabic only).

[8:30:16]  ِ.اجتماع الجمعية العمومية العادية لبيت الاستثمار العالمي (جلوبل)‏
يعلن سوق الكويت للأوراق المالية بأن الجمعية العمومية
العادية لشركة بيت الاستثمار العالمي (جلوبل) سوف تنعقد
يوم الثلاثاء الموافق 12-01-2010 في تمام الساعة 12.30‏
ظهرا في مقر الشركة حيث سيتم خلالها مناقشة ما يلي:‏
ِ1- الموافقة على تحويل ملكية اصول الشركة من استثمارات غير عقارية
مملوكة بشكل مباشر او غير مباشر للشركة الى صندوق جلوبل
ماكرو فند المؤسس في مملكة البحرين والمملوك بالكامل لشركة
تابعة مملوكة بالكامل بطريق مباشر وغير مباشر لشركة بيت
الاستثمار العالمي (ش.م.ك.مقفلة) جلوبل وذلك طبقا لاتفاقيات
اعادة هيكلة ديون الشركة.‏
ِ2- الموافقة على تحويل ملكية اصول الشركة من استثمارات
عقارية الى شركة مشاع الاسلامية العقارية (ش.م.ك.مقفلة)‏
والمملوكة بالكامل بطريق مباشر وغير مباشر لشركة بيت
الاستثمار العالمي (ش.م.ك.مقفلة) جلوبل وذلك طبقا لاتفاقيات
اعادة هيكلة ديون الشركة.‏
ِ3- الموافقة على رهن اصول الشركة من استثمارات عقارية
وغير عقارية لصالح دائني الشركة وذلك طبقا لاتفاقيات اعادة
هيكلة ديون الشركة.‏
علما بأن هذه التوصية تخضع لموافقة الجمعية العمومية والجهات المختصة.‏

This news item confirms the earlier AlQabas article.  Relevant post here.

This announcement also confirms earlier comments on the restructuring - that it is a fairly tight agreement which means a fundamental change in GIH's business.  Basically GIH has mortgaged its "shop" to the creditors.

Also the requirment for the OGM is reflective of general legal practice in the GCC - enusring that shareholders agree to fundamental business decisions.  This prevents a later legal challenge from a shareholder.   

What this means is that technically the restructuring is not yet finalized.  There is a small probability that shareholders may refuse to agree.  In which case a very key element of the deal - the collateral -  is overturned.   That, I suspect, is a small probability.  But one to watch nonetheless.

Jawad Bu Khamseen - Assets Ordered Transfered in re Suq Al Manakh

Headline edited based on subsequent information.  See post here.
 
A story highly relevant here to Suq Al Mal - given our masthead and "mascot" picture.

Today's AlQabas reports that banks in Kuwait have received formal notification from the Office for the Clearance (Settlement) of Deferred Sales Shares Transactions informing them that judgment against Mr. Bu Khamseen in favor of the Office had been issued by the Court that he was to pay KD14,707,833.208 plus legal interest of 7% p.a. from 26 December 2002 to date of payment.

The Court order is final and there is no appeal.  In the subsequent post you will see that Mr. Bu Khamseen's lawyer challenges that assertion.

Accordingly, the banks were instructed to inform the Office of any of his assets in their possession, not to release any of these to him, but rather to pay any amounts immediately to the Office's account at Burgan Bank.

Jawad is one of the major punters in Kuwait.  He was one of the four or five "Fursan Al Manakh" ("Knights of the Manakh") responsible for the majority of the postdated check issuance during the Suq Al Manakh ("SAM") scandal.

The SAM was a "curb" or parallel market to the Kuwaiti Stock Exchange.  Most of the companies traded therein were not Kuwaiti.  And many if not all were paper companies with no assets or real businesses.  Transactions were settled with post dated checks.  Investor A would buy stock from Investor B against a check to be cashed in the future.  Investor A hoped to sell the shares to Investor C and cover his original check before "maturity".

As is common in many GCC countries, writing a check without cover is an offense punishable by imprisonment.   Hence the use of the post dating.   However, there was no legal bar to a holder submitting a check prior to its date.   The market took off.   In late 1982 investors started to get nervous and  one or more post dated checks were cashed.   Punters couldn't cover them which led to more checks being presented.  The market collapsed in a tremendous implosion in 1982 (1983?).   The wreckage was much more than the current declared debt of the Emirate of Dubai.  US$98 billion.   As noted above, 4 or 5 "investors" were responsible for most of the checks. 

Many of the banks in Kuwait - save for the flinty eyed bankers at National Bank of Kuwait - were involved in financing transactions in the SAM.  Loans based on the collateral value of the SAM shares.  That is, loans made against paper profits (where the underlying companies were paper shells).  No focus on cashflow.  A familiar story.  And one that has repeated itself since the SAM.

All the Kuwaiti banks save - NBK - were bankrupt and rescued by the Kuwaiti Government who bought their duff debts after the ejection of Saddam Hussein.  Take a look at Note #8 in the 2003 Gulf Bank annual report.  Or Note #7 in the 2003 Burgan Bank annual report.  You'll see that Burgan Bank was a major player.  Banks in other countries were hammered as well.  There was a region wide stock market mania - with IPOs being massively oversubscribed. 

Overnight I'll be approaching one of my early bosses to ask for a bit more color as the SAM crisis took place on his watch.  If I get anything interesting I'll post it.

It's the least we can do for those who inspired this website.  They were of course not the first temporally, but they were the first in terms of amounts of wealth destruction in the area.  And still hold that distinction though I believe that currently there is a strong challenger.

The Power of the Blackberry?

In today's fast paced wireless world of business, one's office can be in one's pocket.

Ex-chief of Deyaar accused of taking bribes while in jail.

Islam Guarantees Women Their Dignity

Saleh is of course correct.

Sadly, the courts in many "Muslim" countries do not.

AlArabiyya Loses Case for Not Showing "Royal" Interview

There is an old saying "Justice delayed is justice denied".

I suppose the Dubai Court has updated this to "Interview delayed is an interview denied".

I believe that the plaintiff's own words describe the harm caused him.  And there is really no need to say more.

The claimant's lawsuit said: "The defendant's failure to broadcast the televised interview inflicted emotional, moral and social damage on the prince's status as a royal and academician. His fame was affected before his family, students and the social circles to which he belongs. According to article 293 of the Civil Procedures Law, the claimant is entitled compensation because the defendant damaged his reputation and social status."
The Prince of a fellow had claimed Dh500,000 in "moral and financial" compensation.   There is a reason they call it lese majeste. 

The Court in Dubai granted him only DH100,000 but admonished AlArabiyya for breaching the "media code of ethics".

AlArabiyya has lodged an appeal with the expected decision date 12 January.

Gulf Finance House Bahrain Makes US$300 Million Provision for Dubailand / Legends Project

GFH issued a press release earlier today in which it advised that it had made a US$300 million provision for its investment in the Legends Project - part of the multi billion US dollar "Dubailands" complex.

GFH was one of the pioneer developers of mega real estate projects in the GCC - Bahrain Financial Harbour - benefiting it is said from business relations with important personalities.  From Bahrain it quickly spread its wings across the MENA region with similar projects and then beyond.  It's specialty was what it billed as "infrastructure development".

The business model was the typical "Islamic" banking mark-up model and GFH generated some 80% of its income from these projects.

Before the global problems of 3Q08, the bank was beginning to try and diversify away from over dependence on real estate.  Since then, the bank has been struggling to develop a new business model.  This is evidenced by the comment in the press release on Dubailand.  When a firm starts talking about the disposal of "non core assets", it's a pretty good bet (though not 100% certain) that there are problems in the business model.

That being said, it successfully raised US$300 million in new capital this "2 November/October", a US$100 million convertible murabaha transaction with Deutsche Bank 15 November, plus an earlier sale of the bulk of its shares in QInvest (Qatar) plus an planned $100mm convertible murabaha with Macquarie.

As a result the bank has increased its liquidity, though it faces debt maturities of US$350 million in 2010, US$100 million in 2011 and US$175 million in 2012.

Recent changes in management are probably related to the change in strategy as well as strengthening of the management team.  The previous CEO was only in place five months before departing.  It's  probably worthy of comment that his successor though as Acting CEO,  Ted Pretty, was previously with Macquarie.  Here's his bio from his earlier appointment.

Wednesday 30 December 2009

Provision of Bahrain's Anti Money Laundering Law Ruled Unconstitutional

Bahrain has a fairly strict AML/CFT regime, including a tough law.  The CBB AML/CFT regulations for conventional banks are here.  There is a mirror law for Islamic banks.  And separate rules for other types of financial firms.

Bahrain is also the headquarters for the Middle East North Africa FATF organization - MENA's regional organization under the FATF.  For those who like techspeak, it's "our" very own FSRB.

More information from Bahrain's Ministry of Interior Financial Intelligence Unit website.

Here's a recap of some of the provisions of Decree Law #4 of 2001.
  1. Offenses include not only actively participating in money laundering but as well failure to undertake reasonable AML procedures, obstructing an investigation, or informing a person that they are being investigated.  Examples of the first would be failure to conduct proper due diligence at the initiation of a relationship, failure to monitor customer accounts and transactions, follow-up on suspicious transactions, etc. (Articles 2.1, 2.2, and 2.6)
  2. The authorities do not have to prove that the funds are the proceeds of criminal or illegal activity to prosecute or obtain a conviction.  (Article 2.3)
  3. There is no statute of limitations.  That is, regardless of when the offense occurred one can be prosecuted.  (Article 3.6).
  4. Fines are up to a maximum BD 1 million (US$2.65 million per offense) and up to a maximum seven years in jail.  (Article 3)
  5. The law also allowed the authorities to not only confiscate the violator's assets to satisfy the fine but as well those of his spouse and minor children. (Article 3.2).
It is this last provision which has been struck down by Bahrain's Constitutional Court as per this article in the Gulf Daily News.

This action, which may be reconsidered, does not really diminish the other strong aspects of this law.

Saudi CMA Levies Fines

The Saudi CMA announced regulatory actions against five individuals.

You may have seen headlines about "fines" of US$1.1 million equivalent.  I believe that the what has happened is that press reports are including return of illegal profits as part of the total.  My reading (or more precisely translation) is that the fines were only  SAR 600,000 (US$160,000) and the remaining amount SAR 3,133,824 (US$835,686) represents return of illegal profits.  The Arabic text is not crystal clear (and is, as well, perhaps my own mind) but it seems unlikely that the CMA would levy odd amounts as fines.

  1. Accused of irregular transaction in the shares of 17 companies (!) between 11 Feb 08 and 27 Sept 08
  2. Return of profits of SAR 2,693,114
  3. Fine of SAR 450,000
  4. Banned from working in Saudi securities industry for one year
  5. Banned from any trading in securities in Saudi for one year
  1. Accused of irregular transactions in shares of National Company for Co-Operative Insurance
  2. Fined SAR100.000
  3. Both banned from working in Saudi securities industry or any trading for one year
  1. Accused of irregular transactions in shares of Fibco (1 Sept 2007 through 12 Sept 2007)  and Saudi Group  (4 Dec 2007 through 15 Dec 2007)
  2. Return of profits of SAR 200,171
  3. Fine of 50,000
  4. Banned from both working in Saudi securities industry and any trading for one year
Fourth, Amal Bint Abdulrahman Al Man'i
  1. Return of profits of SAR 240,539 - Mr. AlHadif was her agent
  2. The CMA announcement of the judgment against her is included in Mr. AlHadif's announcement above
Recently the Saudi CMA has been "cracking down" on market manipulation and other violations of its rules to "enforce its rules and to protect market participants from illegal practices" (as each of the above announcements ends).  You'll recall that earlier this week it revoked the license of two securities firms for failure to abide by its regulations.   Here's a link to an article from Maktoob business with a bit of background on this issue.

Tip:  Foreign financial firms offering securities or securities related services  in the Kingdom would be well advised to read carefully the CMA's regulations on these activities.   The CMA regulations apply not only to securities issued by Saudi entities but also securities issued by foreign entities.  The regulations also govern both the requirements for offerings (definition of types of offerings, their required content and regulatory approvals) as well as authorized persons (types of licenses and registration/approval requirements).   Note the authorized person regulations outline the registration/approval requirements to undertake a variety of roles - principal, agent, underwriter, manager, custodian, advisor, etc.  The regulations also stipulate when a local office is mandatory.

The Arabic text is the governing text. NOT the English translation.  Even the one on the CMA website.   A couple of years ago the "official" English translation of the regulation on offerings had an error in the section on exempt offerings.  It still may.

The Saudi Stock Market (Tadawwal) dwarfs all other GCC markets in terms of value.  If I'm not mistaken, the Tadawwal has a larger market cap than all the other GCC bourses together.  The next largest market is that in Kuwait.

Moody's Downgrades Abu Dhabi Commercial Bank

Here's a news item with some quotes from Moody's press release on the downgrade.   And another here.

You can register for "free" to read the original press release at www.moodys.com.  

After the downgrade, ADCB's ratings are still respectably within "investment grade".

Kuwait Stock Exchange Requires Global to Get Shareholder Approval of Asset Transfers

AlQabas has a news item that the KSE has sent an official notice to Global Investment House that it must hold a general shareholders meeting and obtain shareholder approval to the transfer of the firm's assets to the fund created in Bahrain before the KSE will give its approval.  The establishment of the fund in Bahrain is part of the restructuring agreement and will hold all GIH's equity/financial investments.  Another fund will be created in Kuwait to hold real estate assets.  More details on the restructuring agreement here.

Readers of this blog will know that GIH has already begun the re-registration process of certain of its assets  - GIH's shares in Global MENA Financial Assets.  Earlier post here.

Tuesday 29 December 2009

New Dubai Law on Financial Fraud - Big Fish in the Net as Well?

A follow-up to my earlier post of the day based on a Gulf News article.

The following quotes caught my eye and raise the hope that perhaps more than "SR the Canadian" may be visiting the Court.
  1. Self-seeking individuals have caused serious damage to the national economy and affected the government by bringing heavy debt liabilities on public companies and exposing them to great losses, he [Ahmad Humaid Al Tayer, Governor of DIFC] added. "These people have amassed illegal wealth at the cost of public funds. The law has given them the option to amend their ways and hand over the public money they have embezzled through illegal means."
  2. According to Al Tayer, there have been instances where corrupt officials established bogus businesses to conceal the money they had diverted from the government coffers.
  3. "There is no one above the law. The law will have no exception and everyone who has embezzled government money will be punished severely," said Dahi.  [Lt. General Dahi Khalfan Tamim, Police Chief of Dubai]
As I've posted before, the sheer scale of the projects in Dubai afforded opportunities for massive commissions and other diversions of funds.   Up in Qatar, Philip Thorpe is probably too civilized to be saying "I told you so", but perhaps he's thinking it.  Remarkable that it took so long for this discovery to be made.  A rising tide not only lifts all boats but apparently closes a lot of eyes.

There will of course now be speculation about every senior level change in Dubai Inc - particularly those involving nationals.  Stay tuned.

"What we read in the Quran is not what we see in practice," said Ms Zaid.

باسم الله الرحمـٰن الرحيم

وَمِنَ النَّاسِ مَن يَقُولُ آمَنَّا بِاللَّهِ وَبِالْيَوْمِ الْآخِرِ وَمَا هُم بِمُؤْمِنِينَ

 صدّق الله العظيم

Story here.  Sad story.

(Translation: "Among the people are those who say "We believe in God and the Last Day" but they are not believers".   Sura AlBaqara Aya 8.  SAA)

Gulf News Journalistic Standards - The Wider Picture

A tip of my virtual tarboush to Aqoul for bringing this news item to my attention.

The attempt to control or influence  the news is a fairly widespread phenomenon. It's not just GCC rulers who can be "tetchy". 

There are a lot of very sensitive and fragile CEOs out there.  Mike Mayo was a victim.  Thomas K. Brown  another.  Many a negative analyst has found himself suddenly dropped from the information flow by a peeved company.  Or the recipient of senior management guidance after a customer has called in at "the top".

That's one reason why there has historically been a strange anomaly in ratings: more "buy" recommendations than "sells".

It seems that AA is in "good" company as he applies Gulf News journalistic standards to his blog.