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The
negotiation

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With
the Argentine peso devaluation confirmed, airline
representatives and cargo agents had to sit and negotiate the
debts. Who won and who lost? A report by Federico Etiennot. |
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Only the
threatening possibility of continuing to lose money forced the airlines to
smoke the peace pipe with the cargo agents of Argentina, with whom they
had to sit between the 10th and the 25th of January
to renegotiate a debt of approximately 5 million dollars agents kept with
airlines through freight ordered by them and executed by the airlines
during December 2001.
The debt
payment had entered a shadow cone as soon as President Eduardo Duhalde
announced the end of monetary convertibility that stipulated the value of
the Argentine peso equal to the American dollar. But the panorama darkened
even more when the sanction of law 25.561 established that every debt
contracted in dollars (as was the case of the air freights) would have to
be converted automatically into pesos but respecting 1 to 1 parity between
the Argentine currency and the American.
A real
fight between the agents and the airlines started from there.
While
the first intended paying the 5 million in local currency, the latter
demanded payment in dollars. Or at least its equivalent in pesos, but
multiplying those five million by 1.40 being this the value the government
fixed as “official” for buying dollars with pesos.
Airlines
backed their claim in that the invoicing was expressed in dollars; it was
logical to apply the “official” exchange rate to allow them to obtain
the whole of the green bills that had been agreed on during the sales.
They
also proposed not altering any of the Trading conditions agreed on through
the Cargo Accounting Settlement System (CASS), by which the invoicing
periods would be kept (fifteen days) and the cancellation time (thirty
days) as well as the cancellation of invoices in Argentine currency.
This was
the model finally agreed on by both groups, so as to continue working as
from now, with the reservation that 15 days for cancellation of payment
were agreed on as from the second half of January to reduce risks of a
future monetary devaluation.
What
took most time was the conciliation of the 5 million-dollar debt.
Step by step
The
already known institutional crisis Argentina lived during December
resulted in the country having five different presidents in less than
twenty days, the last one of which, Eduardo Duhalde, disposed the referred
devaluation while a week-long bank holiday was in effect, which prevented
exchanging pesos for dollars.
In spite
of this last financial hindrance, to which the prohibition of wiring money
abroad must be added, agents carried on selling freight during December
and airlines went on transporting it.
Parallel
to that, air companies collected that same month, their credits
corresponding to the second half of November, money that when they wanted
to convert to dollars it was too late because the devaluation had been
decreed before the exchange activities were restarted
“The
agents collected November freights with a 1/1 parity and paid us the same
way. But when we wanted to use the money, the dollar had already shot
up and we ended up losing money”, an airline executive commented to
AIR MARKET. We lost with the second half of November. We do not want to
lose as well with December”, another sustained.
But they
lost. Agents kept their ground and they gave in by accepting to share the
effects of the devaluation, but only with the freights completed during
the second half of December. For the invoicing of these freights, the
tariff agreement was subject to that for every dollar sold, agents agreed
to pay 1.20 pesos.
The 20
cents difference had to be on the airlines.
It was
this way because during the meetings held by both groups of
representatives, speakers for the agents assured that many Argentine
exporters, aware of the convertibility’s imminent disappearance, had
anticipated their payments for the December freights to benefit from the
1/1 parity between the local currency and the North American one.
We have
already collected, so we cannot transfer that 40 cent rise to anyone.”
they sustained at the meetings with their peers of the airlines, who,
incidentally, never believed the excuse given by the agents.
“That
the exporters have paid all their shipments in spite of all the
inconvenience due to the bank holidays sounds strange”, a director of
one of the airlines expressed. who also added “during a long time the
agents asked us to extend the freight payment dues to 30 days because the
exporters took too long to pay, and now they say they all paid in
advance?”
The
truth is that without proof at hand the airlines had to believe what the
agents said and shorten the times so as to close a deal as soon as
possible because the moment for invoicing both fortnights of January was
near, for which first, an agreement had to be reached concerning payments
related to December. On January 21st, the airlines got together
to propose a solution to the litigation and, once the necessary points
were agreed on they conveyed the proposal to the agents. The idea
consisted on sharing the December loss and collect both halves at a rate
of 1.20 dollars for each dollar invoiced.
Really,
the offered solution was to accept the payment the agents had already made
for the first half (Which they had paid 1 to 1) and pact for the
liquidation of the last fifteen days at 1.40 per dollar, thus averaging
1.20 pesos per dollar for the month. And even then the airlines were the
most damaged because the first half invoicing (cancelled 1/1) was superior
to the second (1.40/1) in a little over 300.000 dollars
But the
agents refused the offer and maintained their posture of paying 1.20 per
dollar and only for the liquidation of the second half of December.
Days went by, and the hours that were left to continue with the
negotiations to reach an agreement were less and less. Furthermore in case
no agreement was met the attitude to be taken was left for each company to
decide., which would have given grounds to the agents to make the payments
through the Court.
The
court deposits would have generated greater damage for the airlines now
that those funds would not only be deposited at a 1/1 parity, but would be
immobilised and with a very slight chance for the air companies to recover
the rate difference.
That
was how only facing the threatening possibility of loosing money the
airlines were forced to smoke the peace pipe with the cargo agents and
close the deals for a debt that reached, exactly, 4.678.540.19 dollars
(finally converted to 5.113.372.71 pesos).
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