Constitutional amendment: New 22A draft Bill in Cabinet tomorrow

A new draft Bill of the Government’s proposed 22nd Amendment to the Constitution is to be taken up for discussion at the Cabinet meeting tomorrow (1 August), The Sunday Morning learns.

The Justice Ministry last week sent the new draft Bill to the Cabinet Secretary to be included in the agenda of Monday’s Cabinet meeting to be taken up for discussion and decision.

Justice Minister Dr. Wijeyadasa Rajapakshe told The Sunday Morning that the new draft 22nd Amendment would be gazetted once the Cabinet granted approval and presented it to Parliament seven days after the gazette was issued.

When asked about the provisos that were included in the previous 22nd Amendment draft Bill during President Gotabaya Rajapaksa’s tenure, the Minister noted that all provisos that were included in the previous draft Bill due to the former President’s request had now been completely removed.

Therefore, the new draft Bill will reflect the 19th Amendment to the Constitution and will go even beyond that, according to Rajapakshe.

He explained that the new draft Bill contained more features that empowered the Parliament as well as mechanisms to counter bribery and corruption. “It is, therefore, a 19th Amendment Plus scenario,” the Minister added.

The draft Bill of the 22nd Amendment that was earlier presented to Parliament was terminated following the prorogation of Parliament until Wednesday (3 August) last week.

In the previous 22nd Amendment draft Bill, former President Rajapaksa requested certain powers vested with the Executive Presidency to remain during the period of the incumbent Parliament.

Among the clauses that the provisos requested were the ones on the President’s power to appoint members to the Cabinet and ministry secretaries, the holding of Cabinet portfolios, and the President’s power to remove a prime minister.

Sri Lanka DFCC Bank rating watch negative kept in soft-peg collapse: Fitch

Fitch Ratings said it was keeping a Rating Watch negative on Sri Lanka’s DFCC Bank amid a currency crisis that has triggered dollar shortages and sovereign default while there are also mounting bad loans.

The Rating Watch Negative “reflects the potential for the bank’s creditworthiness to deteriorate relative to other entities on our Sri Lankan national rating scale,” Fitch said.

“This is because of heightened stress on the bank’s funding and liquidity, and its exposure to the sovereign via investment in foreign-currency instruments that raise risks to its overall credit profile.

“We believe that the sharp rise in inflation, depreciation of the local currency, and other factors can distort the bank’s underlying financial position in the current operating environment.”

Sri Lanka is gripped by the worst currency crisis in the history of the island’s intermediate regime central bank. Sri Lanka’s economists got the ability to trigger a balance of payments deficits and currency crises with the setting up of a soft-pegged central bank in 1950.

In 2022 the rupee collapsed to 360 to the US dollar from 200 as an attempt was made to float the currency with a surrender rule.

Fitch said the bank’s foreign-currency funding and liquidity position was significantly challenged and vulnerable to sudden shocks amid weaker credit sentiment though the bank was successful in securing USD150 million of term funding in 2021, Fitch said.

“We believe further access to such funding would be difficult, similarly to peers, given the sovereign’s debilitated credit profile,” the agency said.

As customer repayment capacity weakens due to the economic conditions Fitch said, it expects DFCC’s impaired (stage 3) loan ratio to increase in the near to medium term.

” Impaired loans at end-2021 were 6.2% of total assets together with a further 2.2% of assets in US dollar-denominated sovereign bonds and Sri Lanka Development bonds, the share of which is estimated to have reduced in 1H22,” the rating agency said.

The agency said that sovereign default together with increasing economic challenges poses significant downside risks to DFCC’s profitability, to the extent that the bank may become structurally unprofitable.

“Earnings pressure is already evident in the bank’s operating profit/risk-weighted asset ratio that declined to 0.6% by end-1Q22 (end-2021: 1.7%) as credit costs eroded 83% of the bank’s pre- impairment profits”

The full statement is reproduced below:

Fitch Maintains DFCC Bank’s National Rating of ‘A+(lka)’ on Watch Negative

Fitch Ratings – Colombo – 28 Jul 2022: Fitch Ratings has maintained DFCC Bank PLC’s National Long-Term Rating of ‘A+(lka)’ on Rating Watch Negative (RWN). Fitch has also maintained DFCC’s senior and subordinated debt ratings of ‘A+(lka)’ and ‘A-(lka)’, respectively, on RWN.

KEY RATING DRIVERS

RWN Maintained: The RWN on DFCC’s National Long-Term Rating reflects the potential for the bank’s creditworthiness to deteriorate relative to other entities on our Sri Lankan national rating scale. This is because of heightened stress on the bank’s funding and liquidity, and its exposure to the sovereign via investment in foreign-currency instruments that raise risks to its overall credit profile.

We believe that the sharp rise in inflation, depreciation of the local currency, and other factors can distort the bank’s underlying financial position in the current operating environment.

Foreign Currency Liquidity Constraints: We believe DFCC’s foreign-currency funding and liquidity position is significantly challenged and vulnerable to sudden shocks amid weaker credit sentiment. The bank was successful in securing USD150 million of term funding in 2021, but we believe further access to such funding would be difficult, similarly to peers, given the sovereign’s debilitated credit profile.

Weakening Operating Environment: Our assessment of Sri Lankan banks’ operating environment (OE) reflects the pressure on the banks’ already stressed credit profile following the sovereign’s default on its foreign-currency obligations. It also captures the rapid deterioration in the broader economy, including increased interest rates, high inflation, and acute currency depreciation. The economic slump has limited DFCC’s operational flexibility.

Increasing Asset-Quality Pressure: Fitch expects DFCC’s impaired (stage 3) loans ratio to increase in the near to medium term as borrower repayment capacity weakens due to the rapidly deteriorating economic conditions. The bank’s exposure to the government’s foreign currency-denominated instruments, although small relative to peers, adds to asset-quality pressure. Impaired loans at end-2021 were 6.2% of total assets together with a further 2.2% of assets in US dollar-denominated sovereign bonds and Sri Lanka Development bonds, the share of which is estimated to have reduced in 1H22.

Capital Buffers Under Pressure: Fitch expects increased asset-quality risks, and weaker earnings retention alongside bloated risk-weighted assets from the Sri Lankan rupee’s sustained depreciation, which will exert significant pressure on the bank’s capitalisation metrics in the near term. This is despite the bank’s lower exposure to foreign currency-denominated government securities than that of peers. Capital raising continues to be a challenge for the bank, as seen in its recently concluded rights issue that was undersubscribed.

Credit Costs to Erode Earnings: We believe that sovereign default together with increasing economic challenges poses significant downside risks to DFCC’s profitability, to the extent that the bank may become structurally unprofitable. Earnings pressure is already evident in the bank’s operating profit/risk-weighted asset ratio that declined to0.6% by end-1Q22 (end-2021: 1.7%) as credit costs eroded 83% of the bank’s pre-impairment profits.

Economic Volatility Weighs on Business Model: We believe that DFCC’s business profile, like most domestic peers, is highly vulnerable to the intensifying risks in the domestic market, given the high concentration of its business profile on the weak and unstable Sri Lankan economy. This could limit the bank’s ability to generate and defend business volume. The rapidly deteriorating OE is likely to derail the bank’s aspiration of reaching LKR1 trillion asset base by 2025.

High-Risk Profile: DFCC’s elevated risk profile, similar to local peers, stems from its main exposure to high-risk customer segments with weak credit quality, as reflected in the ‘ccc’/negative OE.

This is further exacerbated by DFCC’s exposure to the government’s foreign currency-denominated instruments, albeit lower relative to peers, making the bank vulnerable to the sovereign’s repayment capacity and liquidity position.

RATING SENSITIVITIES

Factors that could, individually or collectively, lead to negative rating action/downgrade:

The RWN reflects rising risks to the bank’s rating from funding stresses, which could lead to a multiple-notch downgrade. We expect to resolve the RWN when the impact on the issuer’s credit profile becomes more apparent, which may take more than six months.

Developments that could lead to a multiple-notch downgrade include:

– funding stress that impedes DFCC’s repayment ability;

– significant banking-sector intervention by authorities that constrains the bank’s ability to service its obligations;

– a temporary negotiated waiver or standstill agreement following a payment default on a material financial obligation;

– Fitch’s belief is that DFCC has entered into a grace or cure period following non-payment of a material financial obligation.

A downgrade of the sovereign’s Long-Term Local-Currency Issuer Default Rating (CCC)could also lead to a downgrade of the bank’s rating.

Factors that could, individually or collectively, lead to positive rating action/upgrade:

There is limited scope for upward rating action given the RWN

OTHER DEBT AND ISSUER RATINGS: KEY RATING DRIVERS

SENIOR DEBT

DFCC’s outstanding senior unsecured debentures are rated at the same level as its National Long-Term Rating under Fitch’s criteria. This is because the debt ranks equally with the claims of the bank’s other senior unsecured creditors.

SUBORDINATED DEBT

DFCC’s Basel II- and Basel III-compliant Sri Lankan rupee subordinated debt is rated two notches below the National Long-Term Rating anchor. This reflects Fitch’s baseline notching for loss severity for this type of debt and our expectations of poor recoveries.

There is no additional notching for non-performance risks, as the notes do not incorporate going-concern loss-absorption features.

OTHER DEBT AND ISSUER RATINGS: RATING SENSITIVITIES

The senior and subordinated debt ratings will move in tandem with the bank’s National Long-Term Rating.

Source: Economy Next

Sri Lanka loses Norway shipbuilding deal over sovereign default

Sri Lanka’s Colombo Dockyard, a unit of Japan’s Onomichi Dockyard said it had lost a shipbuilding contract after the Indian Ocean Island’s government defaulted on its foreign debt.

Sri Lanka was downgraded to selective default by rating agencies after it stopped paying foreign debt of commercial and bi-lateral lenders.

Colombo Dockyard said a contract to build two Commissioning Support Operation Vessels (CSOVs) for Norway’s Edda Wind AS was “mutually cancelled” following the downgrade.

“This decision had to be arrived solely due to the prevailing unstable economic and financial situation of the country” Colombo Dockyard said in a stock exchange filing.

“Due to the poor credit rating of SD “Selective Default” and significant scarcity of foreign currency liquidity in the country, it was impossible to issue required guarantees continuously and to receive the milestone payments from the buyer.

Colombo Dockyard said in order to retain the contract efforts were taken by involving the top level government authorities, both local and international banks and financial institutions and relevant diplomatic missions.

However, it said, a solution in the near future to regain the contracts is not possible.

“Considering the facts that the projects are still at their infant stage while foreseeing the greater risks for CDPLC in pursuing the projects, CDPLC’s Board has decided that a mutual cancellation was the most prudent option at this point”

Despite the cancellation of the Norway contract, seven shipbuilding projects for existing European and Scandinavian clients are progressing without any interference.

“With a high demand of ship-repair, and afloat repairs utilizing main port facilities in Sri Lanka ensure its business stability,” Colombo Dockyard said.

Colombo Dockyard said, even though the cancellation has a modest negative impact on the 2022’s financial performance, CDPLS’s growth concern remains intact, and the Board of CDPLC is confident that CDPLC can successfully manage the current projects in hand together with ship repairs and focusing on new avenues.

Source: Economy Next

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President’s Media Division chief speaks to protesters

The head of the President’s Media Division had a brief discussion with protesters at Galle Face today, in a personal capacity.

The Director General of the President’s Media Division Dhanushka Ramanayake, who was appointed to the post just this week, met the protesters while on his way to the Presidential Secretariat.

Ramanayake was passing Galle Face when he recognised some of those protesting at the Galle Face protest site today.

He had stepped out of his vehicle and spoke to some of the protesters.

Ramanayake had made inquiries about the demands of the protesters, which included some clergy.

Dhanushka Ramanayake had attended some of the protests staged at Galle Face against former President Gotabaya Rajapaksa.

Source: Colombo Gazette

Oil and gas exploration delays in Mannar basin to cost SL over US $ 1bn in FDI

The long-delayed Mannar basin M2 block (exploration and production) tender and commencement of exploration work by the selected bidder for the M1 and C1 July 2019 tender could cost Sri Lanka over a billion dollars in foreign direct investment (FDI).

Moreover, the delays conducting a marketing campaign to attract further investment while the oil and gas prices have been at historically high levels could be foregoing
billions more.

Cairn India drilled three completed exploratory wells between 2011 and 2013. Two of the wells, Barracuda and Dorado, contain gas estimated to be 1.8 TCF and 300 BCF, respectively. While they were not commercially viable when the oil and gas prices collapsed in 2014, there is a strong possibility they will be at today’s prices. There are technologies that have reduced capital expenditure such as gas-to-wire power generation that help make the economic case for production of these
gas finds.

Cairn India has invested nearly US $ 200 million in Sri Lanka but it would require an investment of over US $ 1 billion to build production infrastructure. Therefore, it is vital to urgently attract as many investors as possible for exploration and production to maximise the benefits to Sri Lanka – especially in light of the global energy crisis and concomitant energy price increases, which have enhanced investor appetite.

While one must drill to ascertain the actual existence and quantity of resources, seismic studies estimate nine TCF of gas and several billion barrels of oil in the Mannar basin.

This could fulfil several decades of the country’s energy needs while potentially saving US $ 6-7 billion p.a. in expenditure on energy. It also opens opportunities for Sri Lanka to earn revenue through production sharing agreements with investors, who take 100 percent of the risk.

The industry, which holds the potential to contribute crucial foreign exchange, both in terms of investment and possible future revenue from production, has largely been ignored or mismanaged in recent times. It is imperative that Sri Lanka does not miss the small window of opportunity available with high prices and supply pressures, fast-disappearing internal combustion engines as well as the displacement of fossil fuels with the advent of ‘net zero’.

Source: Daily Mirror

Posted in Uncategorized

‘Next breaking point would be messier’: Sri Lanka’s protesters retreating but demands for reforms remain

There is a sense of calm on the streets of Colombo this week. Looking at the business district along the scenic Galle Face promenade, once a magnificent venue for horse racing during British rule, one might think that order has returned to the island nation.

But just a few weeks ago, angry protesters stormed the presidential palace and his ocean-front office, demanding the resignation of then-president Gotabaya Rajapaksa. The latter fled to the Maldives on a military aircraft, before flying to Singapore and submitting his resignation letter.

Today, the country has a new president named Ranil Wickremesinghe, who was sworn in last week after winning a parliamentary election.

On the streets, most of the demonstrators have gone home. Yet underneath the calm surface, anger continues to bubble amid arrests of anti-government protesters and continued shortages of food and fuel.

“A great suppression is going on against all the protesters, all the organisers and everyone who supported and took part in the protests,” Buddhi Prabodha Karunaratne claimed.

He is a spokesperson for the Black Cap Movement, which forms part of the anti-government protests against the Rajapaksa regime.

Mr Karunaratne spoke to CNA through the phone from an undisclosed location. At least seven political activists have been arrested recently so far, according to local media.

On Thursday (Jul 28), the parliament extended the state of emergency initially declared on Jul 17 by then acting president Mr Wickremesinghe to restore order in the country.

The emergency laws give the police and the military powers to search, arrest and detain people for up to 72 hours before they are produced before a court, if they are believed to have committed or been involved with certain offences.

The recent arrests have instilled fear into many prominent protesters as they could be held in detention without the public knowing their whereabouts or well-being for days.

“It is scary … If they do it legally – like take a warrant, arrest them and bring them to court – then it’s completely fine. We can answer for the things we did,” Mr Karunaratne said, adding that there are fears that activists may be detained without the public being informed.

Most of the demonstrators have left the protest site in Galle Face in Colombo. Still, their demands for crisis management, reforms and general elections remain.

On Wednesday, Mr Wickremesinghe, the new president, acknowledged the protesters’ call for change while addressing the staff at his United National Party headquarters.

“The president mentioned that everyone is allowed to engage in peaceful protests according to the law of the country. Those who were involved in the struggle also have the same right and he saw the participation of young people with different talents,” the presidential office said in a statement on Jul 27.

However, with the state of emergency in effect, non-peaceful activities are not likely to be tolerated.

Source: Channel News Asia

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SLFP presents nine-point proposal for formation of National Government

The Sri Lanka Freedom Party submitted a nine-point proposal to President Ranil Wickremesinghe setting out the structure for a future National Government. The proposal was presented to the President during the meeting held yesterday with former President Maithripala Sirisena and several members of the SLFP at the Ministry of Finance.

Among the proposals set out, the SLFP has suggested the establishment of a Crisis Management Cabinet and the inclusion of all Members of Parliament in the attached committees for Ministries, as well as the appointment of an Advisory Committee consisting of experts and intellectuals to each Ministry. In a release, the party said it also presented its stance about the structure and responsibilities of the National Assembly to be established in the Parliament.

Representatives of the SLFP said the President appeared favourable to the proposals presented and he suggested that several rounds of discussions should take place in this regard. “The economic and political programs of a National Government were widely discussed, and an agreement is expected to be reached in the next few days,” the release said.

Accordingly, discussions are set to be held in the next few days between a group of representatives of the Sri Lanka Freedom Party and a group of Government representatives. This will be followed by another meeting between President Wickremesinghe and former President Maithripala Sirisena.

Source: Daily FT

Posted in Uncategorized

Talks with the IMF have gained progress-PMD

The President’s Media Division says discussions with the International Monetary Fund with the aim of obtaining support in order to alleviate the economic crisis in the country and establish positive economic practices have gained progress.

The PMD issuing a statement said in order to achieve progress with the IMF, a formal plan on debt sustainability must be presented.

The Media Division said progress of negotiations has stalled due to the recent political instability and the former government’s political hard-line that they will not work with the IMF.

The PMD added a government has been formed under President Ranil Wickremesinghe with complete political stability while discussions are underway to form an all-party government.

Accordingly, the PMD said it is the government’s stance that negotiations with the International Monetary Fund can be successfully completed while initial steps required can be taken to create financial stability.

Posted in Uncategorized

US Ambassador meets Foreign Minister

The US Ambassador to Sri Lanka Julie J. Chung met the Minister of Foreign Affairs Ali Sabry on Friday (29) for talks.

In a tweet, she said that the US looks forward to strengthening & growing bilateral relationships between Sri Lanka and the US, and the US shared commitments to democratic governance, investment & trade, as well as ongoing assistance to meet the urgent needs of the Sri Lankan people.

Sri Lanka crisis raises alarm about further unrest in APAC region

Developments in Sri Lanka underline the risk of destabilising social and labour unrest throughout Asia-Pacific because of rising living costs impacting the region, S&P Global Market Intelligence said.

Countries with similarly weak economic fundamentals and/ or poor economic policies have reduced resilience to external shocks, such as the COVID-19 pandemic, the Russia-Ukraine conflict, high oil prices and inflation and therefore are more likely to experience sustained and politically de-stabilising social unrest. Pakistan, Nepal, Bangladesh and Laos, for example, are particularly vulnerable to similar crises, but to varying extremes.

Sri Lanka’s parliament on 20 July elected acting President and Prime Minister Ranil Wickremesinghe as the interim president to lead an all-party interim government. The government has since March 2022 faced mass public protests driven by the country’s economic collapse. The resultant shortages of essential commodities – including food, fuel, and medicine – along with extreme inflation (which IHS Markit expects to exceed 45% over 2022) triggered a near total erosion of public confidence in the government of former president Gotabaya Rajapaksa.

Sri Lanka’s new interim government will almost certainly seek to focus short-term efforts towards securing external funding – principally through the IMF and the other multilateral lenders but also from close strategic partners, including China and India – as well as concluding debt rescheduling negotiations. While IHS Markit assesses that an IMF programme is likely, disbursement of funds and therefore an improvement in domestic social conditions is unlikely till 2023. Beyond this, political instability is likely to continue, with parliamentary elections likely once economics stabilisation has taken place.

Sri Lanka’s economic weakness has been the primary driver of the country’s ongoing crisis. Foreign exchange reserves have decreased over the past three years, in part due to a decline in revenue triggered by fiscal policies under Rajapaksa’s government and its resistance to negotiating a bailout with the IMF. Tax revenue fell to 7.3% of GDP in the third quarter of 2021 versus 12.8% in the equivalent period of 2019, just before the government introduced a series of tax cuts.

External factors have also had a compounding effect, with the COVID-19 pandemic undermining the tourism sector, the third largest foreign currency earning sector in the country, and the Russia-Ukraine conflict driving already high food and fuel prices. With debt servicing payments upcoming, the government was forced to declare a moratorium on its external debt obligations in April 2022. The government has allowed the rupee to free float, causing a severe depreciation in the exchange rate, which is projected to depreciate 82.3% against the US dollar by end-2022, and exacerbating inflation caused by shortages of imported goods and global inflationary pressures.

Pakistan, the fragile external position, exacerbated by soaring global commodity prices, has already led to a rapid depletion of foreign exchange reserves, sharply rising inflation, and a sudden change of government in April 2022 with a strong possibility of snap elections in the next year. Recent deregulation of domestic fuel and electricity prices as part of IMF bailout conditions further elevate the risk of social and labour unrest in the next year.

While Bangladesh and Laos are vulnerable, they have mitigating factors that set them apart from Sri Lanka, Pakistan and Nepal. Bangladesh has strong foreign exchange reserves allowing it to better weather economic pressures and reduces the risk of mass anti-government unrest. In Laos, rising living costs and fuel shortages have led to anger against the government on social media but large-scale anti-government protests are unlikely due to the Lao People’s Revolutionary Party’s restrictive security regime.

Other countries in APAC are likely to be more resilient to government instability as rising inflation and living costs drive unrest. Protests for example are particularly likely in Indonesia, India, Thailand and the Philippines although we do not expect changes in government leaderships as a result. Labour unrest is also likely to be significant in South Korea, India, and Bangladesh, driving supply chain risks in their garments and electronics sectors, as well as to ports and domestic cargo industries.