Identifier
Created
Classification
Origin
09CASABLANCA113
2009-06-10 09:15:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Consulate Casablanca
Cable title:  

MOROCCO - 2009 REPORT ON INVESTMENT DISPUTES AND

Tags:  EINV ETRD EFIN KIDE PGOV MO 
pdf how-to read a cable
VZCZCXYZ0000
RR RUEHWEB

DE RUEHCL #0113 1610915
ZNR UUUUU ZZH
R 100915Z JUN 09
FM AMCONSUL CASABLANCA
TO RUEHC/SECSTATE WASHDC 8421
RUEATRS/DEPT OF TREASURY WASHDC
RUCPDOC/DEPT OF COMMERCE WASHDC
RUEHMD/AMEMBASSY MADRID 3870
RUEHFR/AMEMBASSY PARIS 0709
RUCNMGH/MAGHREB COLLECTIVE
UNCLAS CASABLANCA 000113 

SIPDIS
SENSITIVE

STATE FOR NEA/MAG
COMMERCE FOR NATHANIEL MASON
DEPT FOR EEB/IFD/OIA

E.O. 12958: N/A
TAGS: EINV ETRD EFIN KIDE PGOV MO
SUBJECT: MOROCCO - 2009 REPORT ON INVESTMENT DISPUTES AND
EXPROPRIATIONS CLAIMS

REF: A. 2008 STATE 43784

B. RABAT 334

UNCLAS CASABLANCA 000113

SIPDIS
SENSITIVE

STATE FOR NEA/MAG
COMMERCE FOR NATHANIEL MASON
DEPT FOR EEB/IFD/OIA

E.O. 12958: N/A
TAGS: EINV ETRD EFIN KIDE PGOV MO
SUBJECT: MOROCCO - 2009 REPORT ON INVESTMENT DISPUTES AND
EXPROPRIATIONS CLAIMS

REF: A. 2008 STATE 43784

B. RABAT 334


1. (SBU) The United States Government is aware of one (1) claim by
United States persons that may be outstanding against the Government
of Morocco (GOM).

a. Claimant A
b. 2009


2. (SBU) Claimant A is a U.S. based, private real estate investment
firm and is one of the largest American investors in Morocco. The
dispute in question arose when the GOM terminated an agreement with
the company for the development of the Taghazout Station, a flagship
project in the country's "Plan Azur" tourism strategy. The project
deal had been in place for two years prior, and the Moroccan
Ministry of Tourism explained that repeated construction delays and
the investor's inability to obtain USD 52 million in local bank
financing brought about the April 8 decision to discontinue the
contract.


3. (SBU) The Ministry claims that the Government had extended many
benefits to the company in order to expedite the construction
process, including the land (which had been cleared of its previous
occupants),perimeter upgrades, and electricity lines. A ministry
representative noted that in the face of the many difficulties
presented he had agreed to scale back the project in a revised
convention in December of 2008, allowing the claimant to build the
hotels, golf courses, and residences on roughly half of the
project's original 1,200 acres. However, Claimant A executives
highlighted that they had waited over a year for the Minister to
study and amend the original agreement, contributing to the funding
difficulties. Construction of the Taghazout station ceased at the
beginning of February 2009 as a result of the lack of financing and
has not resumed since. The government complained that the company
has not come forward with a solution, such as bridge equity
financing or investment of its own equity.


4. (SBU) In an April 9 response, the Claimant reviewed its efforts
to secure local bank financing and requested a grace period from the
ministry to permit the process to continue. In addition, company
officials have noted that it is open to taking on a local Moroccan
partner to share in development. To date, the company has invested
USD 125 million into the project, but is now faced with the
difficult fact that Moroccan banks do not want to talk about a USD
52 million loan due to all the negative press about the project.
Executives have stressed that the company cannot move forward
without a local partner or bank financing.


5. (SBU) The Ministry's non-confrontational approach and willingness
to entertain alternative solutions are hopeful signs and we will
continue to encourage an amicable settlement. We conveyed the gist
of the GOMs position to the company in an April 17 conference call,
and it is mobilizing to determine what it can put together to get
the project going again.


6. (SBU) Information regarding this claim was last received April
19, 2009.


7. (SBU) Claimant A: Colony Capital. No Privacy Act Waiver signed.

MILLARD