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 SPECIAL REPORTS: ARGENTINA
Friday 25 July 2003

 

An Airline for a Dollar

Viviana Alonso



BUENOS AIRES, (IPS) - The sale of the state-owned Aerolíneas Argentinas (AA) to Spain's Iberia for a symbolic 1.54 dollars in 1990 has come under heavy criticism ever since, but President Néstor Kirchner, who took office two months ago and has moved quickly to make big changes in some areas, will leave the matter alone -- for now.

”The privatisation of AA (Aerolíneas Argentinas) was the first black stain” in the process of dismantling the state that was carried out by former president Carlos Menem (1989-1999), says Eduardo Curia, who served as Menem's economy minister for five months, until he left due to political differences, and is now director of the Centre for Social and Economic Analysis.

In the 1990s, Argentina took in 23.85 billion dollars in revenues for the sales of state entities, but it has been a process plagued by irregularities.

The Menem government lauded the virtues of the private sector, but AA was sold to a state-owned and deficit-prone company, which in the year of the transaction lost 150 million dollars.

And meanwhile, the Spanish government sought to privatise Iberia.

”In the early 1990s, Spain decided to sell off Iberia, but realised that for the operation to be successful, it first had to get the company organised, capitalise it and give it some projection,” Edgardo Carranza, an airline expert and former legislative adviser, told IPS.

Using Iberia, Spain sought to ”enter Latin America through the purchase of local companies, as occurred with Venezuela's Viasa and with AA,” he said.

”The basic goal was to transfer the resources of these companies to Iberia, and that was made possible by the complicity of Argentine officials and by systematically violating the terms of the contracts,” said Carranza.

In December 1989, Menem signed a decree authorising the sale of 85 percent of AA, leaving 10 percent for the airline employees associations and five percent for the state, with the condition that at least 51 percent of the shares would remain in Argentine hands.

The only bidder in the process was the consortium led by Iberia. In July 1990, when the bidding closed, Alberto González Arzac, the Justice Ministry's Inspector General, issued an objection to the conditions of the airline privatisation, calling into doubt the financial solvency of the interested consortium.

It is risky to transfer a company ”without conducting an inventory, without an appraisal, at giveaway prices and with an easy payment plan,” to a group that does not hold sufficient capital, he warned.

Based on González Arzac's report, a motion was filed to stop the sale, and was accepted Jul. 13, but the executive branch appealed to the Supreme Court of Justice against that decision.

The Supreme Court -- expanded in April 1990 from five to nine members, with new justices ensuring a pro-Menem majority -- gave the green light to the privatisation within a matter of hours.

That same day, Jul. 13, 1990, the government announced that the Iberia-led consortium had qualified to make the purchase.

The Spanish firm took over Aerolíneas Argentinas having offered 260 million dollars, half to be paid immediately and the rest in 10 years, and committed to issuing 1.6 billion dollars in debt papers.

At the time of the transfer, the Argentine state absorbed the previous AA liability of 860 million dollars and handed over the company debt free. Six months later, when the first period in Iberia's hands concluded, the airline had accumulated debt of 920 million dollars.

And then the buyers began asking for authorisation to make reduced payments and extensions of deadlines, launching a decade of continuous negotiations with the Argentine government.

Immediately after the purchase, Iberia mortgaged the AA aircraft in order to obtain credits to make the initial payments.

The governmental Public Enterprise Trusteeship, in charge of safeguarding the interests of public entities, declared that the transaction Iberia made was illegal and that the Argentine state could rescind the contract.

But the Menem government argued that the Trusteeship had no authority over the matter.

A 1994 presidential decree established that any firm based in Argentina could obtain control of Aerolíneas SA -- the name of the privatised AA -- and the state renounced its right to veto operational matters.

That allowed Interinvest to emerge, a group founded by two board members of Aerolíneas SA (ARSA), who also served as Iberia lawyers.

”Iberia controlled Interinvest, and Interinvest went on to control 92.1 percent of ARSA and 90 percent of Austral-Cielos del Sur (a smaller Argentine airline),” even though it was illegal for the same group to hold the majority share in the two companies, pointed out airline expert Carranza.

Later, with the privatisation of Iberia itself underway, Spain's governmental partnership agency SEPI took charge of AA, but there was no improvement in the company's financial situation.

Airline employee conflicts intensified, the debt grew and the assets of AA gradually disappeared, Carranza said.

AA's Boeing 707 passenger aircraft ”were sold in a symbolic transaction to Iberia for one dollar and 54 cents. Years later, they continue to fly for the privatised company, but AA has to pay to use them,” says a report on Argentina written by Eric Toussaint, of the Brussels-based Committee for Cancellation of the Third World Debt.

>From 1990 to 2000, Iberia did nothing to update the air-fleet, purchasing only older aircraft. One, a DC-9 transferred to Austral-Cielos del Sur, also controlled by the Spanish firm, crashed on Oct. 10, 1977, 32 km from the western Uruguayan city of Fray Bentos, killing 74 people.

It was the worst accident in Argentine airline history. According to an investigation entrusted to a commission of 30 Uruguayan experts, the 29-year-old plane crashed due to both human error and technical failure.

In reaction to the tragedy, the Association of Aeronautical Technical Personnel and the Association of Airline Pilots accused the Austral company of ”putting profits before safety.”

Iberia also failed to expand AA routes, one of the aims of the privatisation included in the bidding terms.

Iberia instead shut down 40 profitable routes, including flights from Buenos Aires to Mexico City and to Los Angeles. Now the Spanish airline operates those routes, as well as all of AA's former destinations in Europe.

But despite the problems surrounding the AA-Iberia deal, the airlines are not included in the Kirchner government's Jul. 4 Decree 311, which created a commission to study and renegotiate the contracts of the privatised companies that handle water, electricity, natural gas and telephone services, as well as those that run subways, railroads, highways, ports, postal services and airports.

Aerolíneas Argentinas was founded 50 years ago. In 1957 it had flights to 17 countries and operated offices in 72 cities in Europe and the United States. In the 1980s it inaugurated trans-Antarctic routes and was the fifth safest airline in the world. In 1989, the year before privatisation, it owned 28 passenger aircraft.

Twelve years on, AA owned just one airplane, while renting 43 others. From 1989 to 2001 the airline's staff was slashed from 11,500 to 6,500 employees.

But the airline controversy did not end there.

In 2001 the Argentine congress set up an investigative commission and the special prosecutor for tax and contraband filed a lawsuit against ARSA, charging ”economic subversion”.

”Within days, SEPI announced that it would sell off its share in Interinvest,” said Carranza.

By 2002, AA had accumulated liability of 605 million dollars. At the end of December an agreement was reached with the creditors for repayment of 40 percent of the debt in three years.

But two creditors objected to that accord. The Román company, which accused AA of ”fraudulent exaggeration of its liabilities”, and the International Air Transport Association (IATA).

IATA requested an investigation to determine whether AA had illegally purchased its own debt in order to have a majority holding among the creditors and force approval of the agreement.

On another front, a criminal investigation is underway for alleged fraudulent administration of the airline.

According to González Arzac, the justice ministry's inspector, the privatisation of AA is ”a shameless history that reveals the lack of decency of certain individuals from Spain and from Argentina.

Aerolíneas Argentinas did not respond to IPS requests for comment.

 

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