ADM BREAKS RANKS, CUTS DEAL TO EXPORT COOKING OIL

C O N F I D E N T I A L SECTION 01 OF 03 LA PAZ 001006 SIPDIS SIPDIS E.O. 12958: DECL: 04/29/2018 TAGS: ECON PGOV PREL FAS AGR FAO IFAD BL SUBJECT: ADM BREAKS RANKS, CUTS DEAL TO EXPORT COOKING OIL REF: A. LA PAZ 638 ¶B. LA PAZ 670 Classified By: EcoPol Chief Mike Hammer for reasons 1.4 (b) and (d). -------------- Summary -------------- ¶1. (C) Archer Daniels Midland (ADM) struck a deal with the government of Bolivia to restart exports of cooking oil. The American company stands alone among the four principal cooking oil exporters in its decision to negotiate with the Morales Administration and accept conditions on exporting. In line with two new decrees, ADM has agreed to supply the domestic market with cooking oil within an defined price margin and accept a government issued certificate allowing exports for the next 30 days. In the highly charged political environment of Santa Cruz, the unilateral move taken by ADM puts the company at risk of retaliatory actions by regional trade associations and/or the public at large. ADM may face a hostile operating environment and negative regional image going forward. While the press has identified ADM as the only company agreeing to government terms, a railroad executive reported that another major company has also begun clandestine exports and all major producers are readying to begin resumption of exports. (End Summary) -------------- Government Actions and the New Decrees -------------- ¶2. (C) The ban on cooking oil exports took effect March 19 (Reftels) and is primarily political in nature. While the Morales administration publicly argues that the ban is to protect Bolivian consumers, Minister of the Presidency Quintana admitted to British diplomats that the ban was a political action. Moreover, as the President of the Association of Seed Oil Producers (ANAPO) Reinaldo Diaz points out, domestic consumption of cooking oils amounts to less than one liter a month, hence a 50 cent drop in the price would do little to reduce the Bolivian family's grocery bill (approximately 80 percent of cooking oil is for export). That said, the ban has resulted in discord among Santa Cruz productive sector leaders (one of the four main soy producers is also the outspoken head of the Santa Cruz Civic Committee Branko Marinkovic. Additionally, the government is using the ban as a mechanism to introduce more government control and regulation of the private sector. ¶3. (C) On April 16 the government issued a decree which authorizes the Bolivian Institute of Measures and the Superintendent of Business to regulate market competition and defend the consumer against any speculation or collusion by producers. An additional decree on April 18 then legalized cooking oil exports conditional upon government verification of adequate domestic price and supply. Taken together these decrees aim to increase the role of government in market decisions, hamper the ability of companies to sign long-term contracts, and decrease market transparency. While ADM has acquiesced to government requirements, the rest of the Santa Cruz based cooking oil producers have not. Diaz argues that the sector has worked hard to establish itself as an internationally competitive producer that makes market-based decisions and they will continue to fight against creeping government control. As of now, ADM stands alone. -------------- ADM Negotiations with the Government -------------- ¶4. (C) For the first three weeks of the export ban, ADM stood with the regional associations in refusing to negotiate LA PAZ 00001006 002 OF 003 with the government. Val Shaffer, Director of ADM Bolivia, commented that he had given his cell phone to his wife to avoid the daily telephone calls from the Minister of the Presidency Quintana. With the passage of time however, pressure grew to make a deal. After three weeks, ADM storage facilities were full and the crushing plant was operating on a reduced schedule. Moreover, corporate ADM offices in Sao Paulo and Decaetur encouraged ADM Bolivia to make a deal and Shaffer felt that given the hard-line taken by other Santa Cruz producers, he would have to make a business decision alone. On April 18 Minister of Production Hurtado called for a meeting of all affected producers in La Paz; Shaffer was the only company executive to attend. At the meeting, Shaffer sensed that the government was increasingly anxious to make a deal and yet nothing was settled. Later that evening though, Shaffer met secretly with Minister of Agriculture Rivero and an informal agreement was reached. No documents were signed, but ADM was told it could resume exports as long as their domestic sale price remained within a margin determined by the government. Shaffer says that at this price ADM will break even on domestic sales and make its profit through exports. The deal was announced the following week and ADM began exporting on April 23. According to Shaffer the agreement is for 60 days, but all public announcements have been for 30 days and government policy is that export permits will be issued for one month only. ¶5. (C) Shaffer said that Minister Rivero made two clear threats during their meetings. First, she said that if workers at the ADM plant were let go, the government would nationalize the company. Secondly, and more seriously in Shaffer's opinion, Rivero said that the government may impose export taxes similar to those being levied in Argentina. -------------- Santa Cruz Reactions -------------- ¶6. (C) Following the resumption of ADM exports, Shaffer reported that company employees were subject to verbal abuse and threats. Fortunately for ADM, the following day the government announced that it was freezing the Santa Cruz budget; the announcement displaced local resident's anger. Additionally, on April 24 a national newspaper reported that the ADM deal was completed in order to protect the status of ATP-DEA trade preferences for Bolivia. This report resulted in the Santa Cruz Trade Association (CADEX) taking a softer line with the company. ANAPO President Diaz says that ADM is still deeply resented among Santa Cruz producers and political leaders, but concrete actions against the company are unlikely in the lead up to the May 4 autonomy referendum. However, he did not discount the possibility of future actions against the company such as blocking their trucks bound for export or protests at the plant. Shaffer currently has contracted extra guards for ADM facilities and has hired a personal body guard as well. -------------- More Exports than Meet the Eye -------------- ¶5. (C) On April 28, the General Manager of the American owned Oriental Railroad Company (EFO) Jaime Valencia told EconOff that ADM was not the only company shipping cooking oil to eastern ports on the Paraguay river for export. Specifically, he said that Gravetal, a Bolivian firm which operates with Colombian capital, was also exporting oil from its own facilities. Moreover, Valencia says that all of the companies are prepared to begin exporting again following the May 4 referendum. While the companies deny such intentions, the price of cooking oil internationally has declined close to within the margins set by the government. While accepting government certificates to export may be ideologically objectionable (and harmful to the industry in the long-run), LA PAZ 00001006 003 OF 003 it is likely that financial logic will force Santa Cruz producers to play ball with the national government. Valencia says that the backlog of exports will take between 2-3 months to export due to a limited number of tanker rail cars and river barges. -------------- Comment -------------- ¶6. (C) The Morales administration's actions against the cooking oil industry reflect its march toward greater centralized state control over an expanding portion of the national economy. Bolivian private industry is worried that despite the clear political motives for going after the Santa Cruz-based cooking oil sector, the government is determined to bring an end to a market-based economy. GOLDBERG