SACA COMPLETES THREE YEARS AND SIDESTEPS FMLN AGAIN

UNCLAS SAN SALVADOR 001185 SIPDIS SENSITIVE SIPDIS E.O. 12958: N/A TAGS: ECON ETRD EFIN EPET ENRG EAGR EINV ES SUBJECT: SACA COMPLETES THREE YEARS AND SIDESTEPS FMLN AGAIN REF: A. 06 SAN SALVADOR 2351 ¶B. SAN SALVADOR 131 ¶C. SAN SALVADOR 453 ¶D. SAN SALVADOR 738 ¶1. (U) Summary. In a June 1 speech to the nation delivered at the Legislative Assembly, President Saca marked his third anniversary of his presidency. With his trademark stirring oratory he lauded his Administration,s achievements, challenged the leftist-opposition party FMLN, and set out an ambitious agenda for the future. Among the numerous economic-related proposals he proposed (septel will discuss political aspects related to the speech),Saca said the most important was the creation of another trust fund to finance some $350 million for education and security programs. Similar to last year, when he established a trust fund to legacy fund pension fund costs (reftel A),the "Education, Social Peace and Citizen Security Fund" is being proposed because the FMLN refuses to support taking on any additional debt for government programs. As it did with the pension trust fund, the FMLN claims the proposed establishment of this trust fund is unconstitutional, because a supermajority of the Legislature is needed for the government to take on additional debt. ¶2. (SBU) Saca also proposed to make the National Registry Center and Road Maintenance Fund agency (FOVIAL) autonomous government agencies, to allow them to sell bonds independently to raise revenue. On the energy front, he proposed reforms to the hydrocarbon law and a new law providing fiscal incentives for renewable energy projects, as well as reforms to the competition law to increase the amount of fines that can be imposed for non-competitive practices in the sector. Saca proposed a new law that provides incentives for the service sector and trade zone law, designed to address WTO concerns regarding the current free trade zone regime, which must be discontinued by the end of 2008. The Administration will also introduce a new investment fund law. While significant progress has been made, the polarization between the two major parties will stymie any sustained progress in the future. End Summary. Impressive Achievements -------------- ¶3. (SBU) Tooting his own horn as much as touting his party,s (ARENA) ability to deliver on social and economic programs (particularly important in the run up the March 2009 elections) President Saca addressed the nation at the Legislative Assembly on June 1. Since taking office in June 2004, economic growth has increased from 1.5% in 2004 to 4.2% in 2006 (the highest growth rate in a decade). The Central Bank forecasts an even higher GDP growth rate of 4.5% in ¶2007. The fiscal reform performed since 2004 has impressively increased tax collection. There are 22,000 new value added tax (VAT) taxpayers and 113,000 new income tax contributors. Tax revenues increased by over 15% in 2005 and by a similar percentage again in 2006. (Comment. Though, at about 13.9% of GDP, fiscal revenue in El Salvador is still much lower than the Latin American average of 20%. End comment.) ¶4. (U) Saca said that 76,000 formal sector jobs were added to the Social Security Institute (ISSS) rolls during the first 3 years of his presidency. In that same period, 96 new foreign companies were established in the country, directly generating 18,000 jobs. These companies, in sectors such as industrial assembly, tourism, aircraft maintenance, call centers and other services invested over one billion dollars in El Salvador. Annual exports, with the exception of the maquila sector (See reftels B and C for additional trade information) have significantly increased due to successful government support programs and the CAFTA-DR which entered into force for El Salvador and the United States on March 1, ¶2006. Saca added that the agricultural sector grew by 17% since he took office, with 7.1% growth just in 2006. President Saca attributed the growth in agriculture in part to his Administration,s improved seeds and fertilizer distribution program, which he said benefited 160,000 small producers. ¶5. (U) His Administration also increased social spending by 16% in 2006. With programs such as Red Solidaria the Administration has addressed those in extreme poverty through infrastructure projects in the 32 poorest municipalities in the country, reaching some 24,000 families. His FOSALUD health project established 105 health clinics, many open 24 hours everyday of the year. Saca said the GOES provided subsidized electricity to 60% of electricity users, helped 750,000 families with potable water subsidies and GOES subsidies reduce the cost of propane gas from $11 to $4.15 for a 25 pound tank. He specifically mentioned the assistance being provided by the USG through the $461 Millennium Challenge Corporation (MCC) compact agreed to last year and Japanese assistance, especially regarding the port in La Union. He proudly noted that El Salvador has a stable dollarized monetary system, as well as the best road network, telecommunications system and aircraft connections in the region. Sidestepping the FMLN -------------- ¶6. (U) President Saca described as his most important new initiative his proposal to create a trust fund (fideicomiso) for &Education, Social Peace and Citizen Security.8 Under the proposed law that will establish the fideicomiso, investors could buy bonds named &fiduciary certificates for education and citizen security8 (or CEFES) to raise up to $350 million. The funds would finance education (up to $200 million) and public security (up to $150 million) programs. The GOES would put in $10 million as seed money for the fund. Anyone would be able to buy the bonds, as they will be available in denominations as low as $10 with a 5 year maturity date and would pay about 6% in annual interest. ¶7. (U) Saca resorted to the fideicomiso for the same reason he used one to fund legacy pension fund costs last year (reftel A). He couldn,t get the constitutionally required supermajority (56 of 84 votes) approval in the Legislative Assembly to secure international loans to cover those expenses. As it did with proposed financing of the pension costs, the leftist opposition FMLN (with 32 votes) has refused to approve several international loans from the Inter-American Development Bank (IDB) and the World Bank for education, security, rural roads, Red Solidaria and other development programs. Saca,s legal advisor Luis Mario Rodriguez claims the law establishing the fideicomiso is legal because it creates an autonomous legal entity that is assuming the debt, which will not be backed by the government. However, the proposed law does permit the issuer of the bonds, the Multisectoral Investment Bank (BMI),to purchase insurance to guarantee payment of the bonds. ¶8. (U) The FMLN has already challenged the constitutionality of the fideicomiso created to cover the legacy pension fund costs. FMLN Legislator Salvador Arias claims the current proposal violates Article 148 of the Salvadoran Constitution. He said, if the law passed, the FMLN would file legal challenges to the law. In addition, the FMLN said it would start an international campaign to discourage purchase of the CEFES. A smaller political party, Cambio Democratico (CD or Democratic Change),has also criticized the proposal and on June 13 said there was a 1999 Supreme Court case that supported their argument that the fideicomiso was unconstitutional. Two former Supreme Court Magistrates also claim the proposed law is unconstitutional. (Comment. In our preliminary review of the 1999 case, we found one factual difference that could distinguish the two cases, which could lead to a different legal conclusion about the constitutionality of the latest proposal. End comment.) ¶9. (U) Respected economist Luis Membreno told Econ Counselor and later repeated it in his weekly column in the leading newspaper &La Prensa Grafica8 that by creating this fideicomiso to bypass the supermajority requirement, Saca was opening a "Pandora,s box." Membreno agrees that the FMLN has been obsructionist, that El Salvador needs the types of ivestments the international loans would have been sed for, and that El Salvador could viably assum the international debt. He believes though tha the Saca Administration is being short-sighted y creating the fideicomisos to bypass the legislature. Membreno notes that the Saca Administration will not be in power forever and a subsequent govrnment, whether ARENA or the FMLN, might similary try to bypass the legislature. He added that a subsequent government might also choose to not honor the CEFES, since they would not be backed by the GOES. More Bold Initiatives -------------- ¶10. (U) In addition to the fideicomiso for education and security programs, President Saca announced eight other legal initiatives. He proposed new laws to reform the National Registry Center (Centro Nacional de Registro, CNR) and the Road Maintenance Fund agency (Fondo de Mantenimiento Vial or FOVIAL) so both institutions can directly negotiate their financing without the need of the Assembly,s approval. The CNR would then be able to negotiate $60 million for the Chambita Medidor Phase II project, which would develop the second phase of the national land registry plan. Funding of that initiative was one of the issues that the MCC negotiated with the GOES last year in order to finalize the compact. Originally, the GOES would have received a World Bank loan to finance the project. However, the FMLN rejected the loan, claiming that some of the funds in the first phase had been misspent. With the reforms, FOVIAL would also be able to negotiate $59.2 million to perform a second phase of a sustainable rural roads program, which originally was to be financed by the IDB. Under Saca,s new proposal FOVIAL,s road maintenance program would also be expanded from its current rural road focus to include urban roads (currently the responsibility of municipal governments). ¶11. (U) Saca said there would be no electricity price increases in the second half of 2007, "despite the high prices of petroleum." He announced the presentation of a proposed law to provide fiscal incentives for renewable energy generation. Another proposal would increase fines that petroleum derivate providers must pay for anti-competitive practices. Currently, the fines range from about $5,000 to $10,000. Under the reform proposal the fines could be as high as 1 to 1.5% of annual sales. In the case of Esso, that could be as much as $6 million. According to El Salvador Esso Representative Jose Alfaro, Minister of Economy de Gavidia said the fines were increased as a result of problems they had with a local propane gas supplier. Tropigas has been charged with and fined thousands of dollars for allegedly consistently providing less than the 25 pounds of propane gas in each tank, though it had been charging customers for the full 25 pounds. ¶12. (U) The Administration proposed new incentives to encourage investment in the services sector as well as reforms to the Free Trade Zone law that he believes will be WTO compliant. President Saca also proposed to establish an autonomous institution dedicated to the well-being of teachers to take care of them and their families, health needs. The GOES will provide $10 million in seed capital for the initiative. Saca said he would expand the FOSALUD program to add mobile clinics, continue with hospital modernizations, expand an important and busy road to the Port of La Libertad from two to four lanes, plus other projects. Comment -------------- ¶13. (SBU) The Saca Administration has delivered on many of its social and economic programs. However, with the high rate of violent crime, significant levels of poverty, continued migration and low education levels there is much work left to be done, and an ARENA win in the 2009 elections is by no means assured. A radical change in government could lead to a radical change in economic and social policies (see reftel D). Hamstrung by the FMLN from securing international financing, the Administration has been forced to seek more expensive alternatives, such as fideicomisos and private guarantees, to continue its economic and social agenda. It is unlikely that the Supreme Court, with the majority of its members sympathetic to ARENA and the right, would soon declare the fideicomisos unconstitutional. Still, the uncertainty generated by claims of unconstitutionality will at a minimum make those bonds more costly for the GOES and potentially scare away investors. While most of the new proposals should be positive for the country, there seems to be no end in sight to the polarization between the two major parties. That divide will continue to hold the country back from making more significant, sustained progress in the future. Glazer