LEBANON: HIGHER COUNCIL FOR PRIVATIZATION SYG

UNCLAS SECTION 01 OF 03 BEIRUT 000624 SIPDIS SENSITIVE SIPDIS NSC FOR ABRAMS/SINGH/MARCHESE/HARDING, TREASURY FOR MNUGENT AND BERGER E.O. 12958: N/A TAGS: BEXP ECON ECPS ENIV LE PGOV PREL SY SUBJECT: LEBANON: HIGHER COUNCIL FOR PRIVATIZATION SYG DOWNBEAT ON PROGRESS SUMMARY -------------- ¶1. (SBU) SYG Ziad Hayek does not believe early progress will be made in the privatization of Lebanon's mobile sector. There are "technical" solutions, but according to Hayek, PM Siniora has said he would prefer a new law. Privatization of the telecommunications fixed sector is also delayed, principally due to resistance by the Director General of the Ministry of Telecommunications. Hayek stated that appointing a Board of Directors, a critical element of the planned consolidation, will be difficult. Concerning the country's poorly performing electrical sector, Hayek strongly recommended that overall reform of its principal components -- generation, distribution, and financial structure -- should be done all at once. End summary. SALE OF MOBILE SECTOR MIGHT REQUIRE NEW LAW -------------- ¶2. (SBU) On 4/26 Secretary General of the Higher Council for Privatization (HCP) Ziad Hayek, in a frank and open discussion, told Econoff and Senior Econ Specialist that there has not been much progress on the privatization of the cellular network. One of the problems is that PM Siniora has stated publicly that he wants a new law to enable the sale of the mobile licenses. Although Hayek agrees with those like Kamal Shehadi, head of the Telecommunications Regulatory Authority (TRA),that no new law is required, he thinks the PM has now boxed himself in. If Parliament does not meet until the fall, there will be no law this year, but if Parliament meets in the next two months, a deal could be done by September. Hayek said that he will not speculate if that is feasible. TECHNICAL SCHEMES MIGHT WORK -------------- ¶3. (SBU) According to Hayek there are other options, and the GOL may consider them. These are technical and engineering schemes based on previously enacted Law 431 that may avoid the need for parliamentary approval. According to Hayek, this law permits the TRA to issue licenses when the operators build their own networks. Hayek contended this option is attractive from an investment point of view because a license is worth about $2-3 billion, but a network would cost no more than $100 million to construct. Once completed, the Ministry of Telecommunications (MOT) would lease the existing network, or transfer it to Liban Telecom. However, the problem is whether there are investors willing to buy such an expensive license from the TRA when the legal basis of such a transaction is untested. WHAT VALUE TO PLACE ON THE SALE -------------- ¶4. (SBU) Under this scenario, Hayek, like others, expects Arab investors to win the bid no matter how it is offered. He believes they would be more willing to place higher bids than Western investors because they have a higher tolerance for Lebanon's risk level. They also put a higher value on intangibles, such as their already established brand recognition in the Middle East. Moreover, he added, Arab governments are trying to be supportive of the Siniora government. The winning bidder would be expected to build its own network. According to Hayek, this process would not actually be privatization, and therefore, there would be no need for a new law. Only the TRA and investment banks would be involved. HCP has already asked several investment banks to "canvass" the marketplace -- CEOs of telecom companies -- and see if this approach is feasible. Hayek and his HCP team are working to calcualte an approximate value, but at this point he could not offer a figure. NO PROGRESS IN THE FIXED SECTOR EITHER -------------- ¶5. (SBU) As far as the fixed telecommunications network, there is also not much progress. Hayek said the HCP has finished planning work for the merger of Ogero and two telecom ministry directorates. He indicated that HCP was supposed to move to the execution phase in early March, but the DG of Ogero, Abdelmenim Youssef, objected to the action plan, as well as the creation of a task force to carry out the necessary consolidation. Youssef took the position that BEIRUT 00000624 002 OF 003 the task force would eventually conflict with the authority of the still-to-be-established Board of Directors for the new telecommunications entity, but Hayek disputes this. The task force would have been supervised by a steering committee, including representatives from the HCP and the Prime Minister's office, but only until the permanent Board is created. The Board would thereafter manage the project management office, as well as Liban Telecom. The Board will be appointed by the MOT and the Prime Minister, and would not need approval by Parliament. MINISTRY DG IS THE PROBLEM -------------- ¶6. (SBU) Hayek believes that Youssef may be blocking progress because he would like to be appointed Chairman of Liban Telecom. "If Youssef is appointed chairman, there will be no privatization", Hayek stated, pointing out that Youssef does not want international investors, because of the requirement that would create for greater transparency. Hayek stated that Youssef has the firm backing of the MOT. He contends that the MOT wants Youssef to be a part of the steering committee, although that, he believes, may be a conflict of interest. (Note: Youssef was appointed by late PM Rafiq Hariri as Director General of the Ministry of Telecommunications in the late 1990s. In 1998, he was tried and found guilty of violations committed during the government of the PM Hoss. When Hariri returned to power, Youssef was released and re-appointed as Director General. End note.) NAMING A BOARD WILL BE DIFFICULT -------------- ¶7. (SBU) Hayek stated that appointing board members will be a difficult process. "We need to arrange for interviews, but neither the Prime Minister nor the Telecommunications Minister have given their authorization to begin the process. Complicating the situation is a requirement that the five board members must come from different sectarian groups. Finally, there is a requirement for Cabinet approval. POWER SECTOR IS COMPLEX -------------- ¶8. (SBU) Addressing Lebanon's inefficient and heavily-subsidized power sector, Hayek stated that progress here is also behind schedule. The World Bank has funding the study and actual restructuring costs to modernize the chronically under-performing electricity company (EDL). Hayek expects that technical and financial consultants will be appointed in July. There will be three teams: one working with HCP for restructuring; one formulating policies; and the final team working on operations and financial reform. Hayek said that if the work is begun soon, the project could be implemented within one year, although the World Bank contract will be let for two years to allow for "slippage." He acknowledged there were many problems with reforming the electricity sector, but argued that dealing with all sector problems simultaneously -- production, network upgrades, and financial reforms -- offers the best chance for success. TECHNICAL IMPROVEMENTS PLANNED -------------- ¶9. (SBU) HCP presently has a contract with U.S. consultants to help with two troublesome areas in the power sector. The first deals with the installation of remote meters, which would address heavy non-technical losses. The second project will try to improve regional management and power distribution efficiency by using private sector resources. A proposal still in the planning phase calls for selling the Deir Ammar power plant in north Lebanon to investors, under the provision that the purchaser double plant capacity to 900 MGW, and switch generator fuel to natural gas. HCP is negotiating with IFC to assist with this process. If this project could be completed by 2010, there would be sufficient installed capacity to meet anticipated national demand. HCP is also working on a legal framework for a Public/Private Partnership law for new, more efficient, small projects. COMMENT -------------- BEIRUT 00000624 003 OF 003 ¶10. (SBU) Hayek appears to be a committed, well informed leader, with an excellent team of young experts - legal, financial and technical. His team works hard to keep to their timetable, but they are realists and understand the complex political environment. They joke casually about the unlikely success of some of these ventures, but insist they remain optimistic. End comment. FELTMAN