NYTimes.com Article: A Bitter Exit From a Philippines Airport

[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

 



This article from NYTimes.com
has been sent to you by psa188@xxxxxxxxx


/-------------------- advertisement -----------------------\

Explore more of Starbucks at Starbucks.com.
http://www.starbucks.com/default.asp?ci=1015
\----------------------------------------------------------/

A Bitter Exit From a Philippines Airport

April 30, 2003
By MARK LANDLER






FRANKFURT, April 29 - When Wilhelm Bender flew out of
Manila last month after a fruitless week of negotiations,
he felt he had no other choice. A few days later, Mr.
Bender's company, Fraport A.G., said it would write off its
entire investment in the Philippines.

Mr. Bender needed only to gaze across the tarmac at
Manila's ramshackle airport to see the concrete evidence of
his torment: a gleaming new passenger terminal, standing
idle and unused in the tropical haze.

Fraport, a German company that operates the Frankfurt
airport, one of the world's busiest, built the new terminal
in Manila along with a Philippine partner. Today, it closed
the books on the venture, taking a $318 million charge that
wiped out its profits and left it with a $132 million net
loss for 2002.

"It's a terrible personal experience to have to write down
so much money," Mr. Bender said in an interview. "But we
have learned our lesson. We are more cautious in looking at
the political stability of a country."

As cautionary tales go, Fraport's misadventure in Manila
has all the elements: a confident, well-financed Western
investor; a little-known local partner with political
connections; and a revolving-door regime, with officials
who thought little of meddling with, or even annulling, a
contract.

Fraport is still trying to recoup its investment. It has
filed an arbitration claim against the Philippine
government with the World Bank. The Supreme Court in Manila
is reviewing the government's decision to cancel the 1999
contract with Fraport to build and operate the terminal.

"We are fighting for every cent," said Mr. Bender, who is
the chairman of the company's executive board. "We're not
giving the government in Manila the terminal as a wonderful
gift."

But Fraport is already shifting its sights from ambitious
forays overseas to more prudent investments at home. It is
planning a major expansion of the Frankfurt airport, ranked
second in Europe after Heathrow in London. And it is
benefiting from a surge in traffic at Hahn, a converted
military air base in southwestern Germany now served by the
Irish discount airline Ryanair.

Fraport, which went public in 2001, also operates airports
in the German cities of Hannover and Saarbrücken, as well
as Antalya, Turkey, and Lima, Peru. It had sales of nearly
$2 billion last year.

"There was a time a few years ago when they wanted to be
the No. 1 hub operator around the world," said Andrew
Light, an airline analyst at Salomon Smith Barney in
London. "The problem with building airports is that you
have to pay a premium. There are no economies of scale."

Fraport learned this the hard way as it poured money - $384
million in equity and loans - into a sprawling edifice with
a saw-toothed roof known as Terminal 3 at Ninoy Aquino
International Airport. It was due to open by 2003, which
the Philippines has declared as the year of tourism.

Part of the problem, people involved in the deal said, is
that the Philippines International Air Terminal Company, as
the joint venture that built the terminal is known, is
chronically short of capital. The Cheng family, with 60
percent of the venture, is one of the smaller and less
prominent of the ethnic-Chinese trading families that play
a central role in the Philippine economy.

Moreover, the contract awarded to the venture by President
Fidel Ramos had provisions that have been disputed by the
current president, Gloria Macapagal Arroyo. The deal gave
the partners exclusive rights to run duty-free shops in the
new terminal, and mandated that all airlines serving the
airport move to the new terminal even though its fees would
be higher than the old ones.

As power changed hands in the Philippines, the contract was
amended, swelling its size and scope. But officials of the
current government say that some of the money was siphoned
off as bribes to officials in the administration of Joseph
Estrada, who succeeded Mr. Ramos.

Mr. Estrada was disgraced and driven from power in a
popular uprising in 2001 and was succeeded by Mrs. Arroyo,
who has made fighting corruption her hallmark. The airport
contract came under immediate scrutiny, with the government
demanding 28 changes. Then, last November, Fraport was told
the agreement was null and void.

"We think they knew full well that the contract they
entered into was flawed," said Rigoberto D. Tiglao, the
chief of staff to President Arroyo. "The contract was
fraught with anomalies."

Mr. Bender insisted that Fraport had negotiated in good
faith, and that the disputed provisions, including the
duty-free rights and the higher departure fees, were
necessary to finance the project.

"If you are investing in a foreign country, you need the
comfort and safety that a contract signed by one government
will be valid for other governments, too," he said. "That
was really a surprise to us."

Now, Mr. Bender is trying to extract reasonable
compensation. He said an outside study found the terminal
was worth at least $350 million, the bulk of it put up by
Fraport. Mr. Tiglao said no settlement could be made before
the Supreme Court rules, adding, "the valuation of
everything that went into the airport is not clear." Until
the court decides, the terminal cannot open.

When Mr. Bender visited the Philippines recently to try to
work out a settlement, he got no satisfaction. President
Arroyo, who has pledged to compensate Fraport for its
"legitimate investment," did not even meet with him,
delegating the matter to her transportation minister.

For Mr. Bender, the whole experience symbolizes why German
and other foreign investors should steer clear of the
Philippines. The dispute has even tinged diplomatic
relations between the countries, after the German
government lobbied unsuccessfully for Fraport.

Philippine businesspeople concede that the dispute could
give the country a black eye. "Any time you have a highly
visible project, it's a problem," said Guillermo M. Luz,
executive director of the Makati Business Club. Foreign
direct investment in the Philippines sagged last year, not
least because of concerns about corruption and cronyism.

Still, some Filipinos argue this is not a black-and-white
story of a Western investor being bilked in the murky East.
"The Germans have a right to complain, but they went into
this with their eyes open," said Sheila Coronel, executive
director of the Philippine Center for Investigative
Journalism. "They were playing the game."

http://www.nytimes.com/2003/04/30/business/worldbusiness/30PHIL.html?ex=1052712331&ei=1&en=9158f71801f8fe60



HOW TO ADVERTISE
---------------------------------
For information on advertising in e-mail newsletters
or other creative advertising opportunities with The
New York Times on the Web, please contact
onlinesales@xxxxxxxxxxx or visit our online media
kit at http://www.nytimes.com/adinfo

For general information about NYTimes.com, write to
help@xxxxxxxxxxxx

Copyright 2003 The New York Times Company

[Index of Archives]         [NTSB]     [NASA KSC]     [Yosemite]     [Steve's Art]     [Deep Creek Hot Springs]     [NTSB]     [STB]     [Share Photos]     [Yosemite Campsites]