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BusinessDay 12 Dec 2017

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Tuesday <strong>12</strong> <strong>Dec</strong>ember <strong>2017</strong><br />

FT FINANCIAL TIMES<br />

C002D5556<br />

BUSINESS DAY<br />

A1<br />

World Business Newspaper<br />

Maduro bans opposition<br />

parties from 2018<br />

presidential election<br />

The president is tightening his grip on politics but losing control of the economy<br />

Gideon Long<br />

Trump trade tsar<br />

wields power over<br />

WTO destiny<br />

President Nicolás Maduro<br />

has pushed Venezuela a<br />

step closer to full-blown<br />

dictatorship by banning<br />

the main opposition parties<br />

from next year’s presidential<br />

election.<br />

He said that by boycotting Sunday’s<br />

municipal polls, the opposition<br />

parties had forfeited the right<br />

to take part in next year’s far more<br />

important presidential vote.<br />

“They cannot take part. They will<br />

disappear from the political map,” a<br />

triumphant Mr Maduro crowed after<br />

his socialist party won more than<br />

90 per cent of the mayoral contests<br />

in Sunday’s local election, which<br />

much of the opposition ignored and<br />

dismissed as a farce.<br />

Banned parties include Primero<br />

Justicia (Justice First), Voluntad Popular<br />

(Popular Will) and Un Nuevo<br />

Tiempo (A New Era), which between<br />

them won almost 40 per cent of the<br />

seats in 2015’s legislative elections —<br />

the last in Venezuela which could be<br />

described as anything like fair.<br />

Despite presiding over one of the<br />

worst economic crises in history, Mr<br />

Maduro now looks more secure than<br />

at any time since he came to power<br />

in 2013. His opponents are in disarray<br />

and the street protests of earlier<br />

this year have largely fizzled out.<br />

“Maduro has significantly<br />

strengthened his control over his<br />

coalition and the government has<br />

strengthened its hold over the<br />

country,” said David Smilde, senior<br />

fellow at the Washington Office on<br />

Latin America, a think-tank. “Everything<br />

indicates they will seek to<br />

hold presidential elections as soon<br />

as possible. They have nothing to<br />

gain by waiting.”<br />

Meanwhile, the president’s<br />

policies to deal with the tanking<br />

economy are becoming increasingly<br />

bizarre.<br />

His latest, announced just over a<br />

Africa’s oldest liberation movement<br />

is poised to take one of<br />

the most important decisions<br />

in its 105-year history, at a time that<br />

it is more divided than ever. Without<br />

the common enemy of old — the<br />

apartheid state — the component<br />

parts of the ruling African National<br />

Congress have steadily lost their<br />

shared purpose.<br />

Under the leadership of Jacob<br />

Zuma, the movement and state have<br />

been corroded by corruption and<br />

cronyism. The elective conference<br />

that starts on Saturday threatens to<br />

split the ANC irreparably — between<br />

week ago, is a state-backed cryptocurrency<br />

called the petro which he<br />

said would help Venezuela circumvent<br />

US sanctions.<br />

Backed by Venezuela’s mineral<br />

wealth, the currency would help<br />

the country “advance in issues of<br />

monetary sovereignty, make financial<br />

transactions and overcome the<br />

financial blockade”, Mr Maduro<br />

said. He did not explain how it<br />

would work or who might accept it<br />

as legal tender.<br />

“It lacks all economic sense,”<br />

said José Guerra, an opposition<br />

lawmaker and economist. “It’s a<br />

smokescreen to distract attention<br />

away from the most important issue<br />

of the moment which in my view is<br />

hyperinflation.”<br />

Francisco Rodríguez, chief economist<br />

at Torino Capital in New York,<br />

said Mr Maduro’s economic policies<br />

were starting to “veer further into<br />

the unconventional”, while Henkel<br />

García, an analyst at Econométrica<br />

in Caracas, said the idea of a cryptocurrency<br />

issued by the state was<br />

contradictory.<br />

Last month, just hours after the<br />

state and its oil company PDVSA<br />

had diligently made two big repayments<br />

to bondholders, the president<br />

said he would see to restructure<br />

Venezuela’s debts. Even now,<br />

investors remain confused, unsure<br />

of whether the country is in default<br />

or not. It is in arrears on more than<br />

$1.5bn of coupon payments, but<br />

some bondholders have received<br />

payment and others have not. Standard<br />

& Poor’s says Venezuela is in<br />

“selective default”.<br />

Meanwhile, Sinopec, one of<br />

China’s biggest state-owned oil<br />

companies, is suing PDVSA in a US<br />

court as Beijing begins to run out of<br />

patience over unpaid debts.<br />

In another insight into the unconventional<br />

mindset of Mr Maduro’s<br />

economic team, the director<br />

at the Venezuelan Central Bank<br />

recently said the country should be<br />

looking to Pyongyang for inspiration.<br />

South Africa’s ANC faces its day of reckoning<br />

The movement has a chance to reverse damage done by Jacob Zuma<br />

Martin Sandbu<br />

Page A3<br />

those members motivated by the<br />

pursuit of social justice and those for<br />

whom patronage has become their<br />

raison d’être. But the conference also<br />

offers members a chance to begin<br />

repairing damage done.<br />

There is much of that. South<br />

Africa’s economy, though no longer<br />

technically in recession, is<br />

still shrinking in per-capita terms.<br />

Unemployment is at a record<br />

high, and business confidence is<br />

as low as it has been at any time<br />

since the 1980s when the country<br />

was languishing under sanctions. As<br />

a result of political uncertainty and<br />

Continues on page A2<br />

The decline<br />

of the Swiss<br />

private bank<br />

Venezuela’s president Nicolás Maduro speaks during his weekly radio and TV broadcast ‘Los Domingos con Maduro’ © Reuters<br />

Leading London NHS trust chairman quits amid funding crunch<br />

Head of King’s College Hospital and former civil service chief raises temperature on health cash<br />

Robert Wright<br />

The chairman of one of the UK’s<br />

biggest and busiest NHS trusts,<br />

Bob Kerslake, has resigned from<br />

his post at King’s College Hospital<br />

over the government’s approach to<br />

the “enormous challenges” around<br />

funding, in the latest sign of financial<br />

concern over health.<br />

The resignation was announced<br />

in an article in the Guardian in which<br />

Lord Kerslake, a former head of the<br />

civil service, writes the hospital is<br />

caught between the “inexorable pressures”<br />

of rising costs and the “tightest<br />

spending figures in recent times”.<br />

Lord Kerslake’s departure marks<br />

the culmination of a prolonged standoff<br />

between King’s, based at Denmark<br />

Hill, south-east London, and the government<br />

over the hospital’s funding<br />

arrangements. Lord Kerslake writes<br />

that King’s, which manages more than<br />

1,300 beds, has “struggled financially”<br />

since it took over the Princess Royal<br />

Hospital in Bromley in 2013.<br />

Since becoming chairman in April<br />

2015, Lord Kerslake has helped to cut<br />

the hospital trust’s annual deficit from<br />

US lifts threat of prosecution against HSBC<br />

DoJ dismisses deferred criminal charges hanging over bank since breaches 5 years ago<br />

Martin Arnold<br />

The US Department of Justice<br />

has given HSBC a significant<br />

boost by dismissing the deferred<br />

criminal charges that have been hanging<br />

over the bank since it was fined<br />

for money laundering and sanctions<br />

breaches five years ago.<br />

The decision by the DoJ lifts the<br />

threat of criminal prosecution that had<br />

been a “sword of Damocles” hanging<br />

over HSBC, as its new management<br />

team looks to put its misconductplagued<br />

past behind it.<br />

HSBC said the DoJ would file a motion<br />

with the US District Court for the<br />

Eastern District of New York seeking<br />

the dismissal of the charges deferred as<br />

part of a settlement with the lender in<br />

<strong>Dec</strong>ember 20<strong>12</strong>, which prompted criti-<br />

Page A4<br />

£140m to £80m in each of the last two<br />

years, he writes. The trust has moved<br />

“significantly away” from the planned<br />

financial performance for the current<br />

year, Lord Kerslake adds, but the trust<br />

is “far from alone” in that.<br />

“Every hospital in London is struggling,”<br />

he writes.<br />

“The right thing for me to do ...<br />

is to step down and do so publicly,”<br />

he adds.<br />

The resignation comes against a<br />

backdrop of growing concern about<br />

funding for the National Health Service.<br />

Simon Stevens, head of NHS England,<br />

said before last month’s budget<br />

that the service needed an extra £4bn<br />

a year spending to avoid lengthening<br />

waiting lists. Philip Hammond, chancellor,<br />

awarded the service an extra<br />

£2.8bn over the next three years, far<br />

less than Mr Stevens had demanded.<br />

There are widespread concerns<br />

that the pressures will lead to severe<br />

problems this winter as seasonal illnesses<br />

put a strain on already thinlystretched<br />

services.<br />

The service faces particular problems<br />

because nurses are next year<br />

likely to be awarded a pay rise of<br />

cism that the bank was “too big to jail”.<br />

The five-year deferred prosecution<br />

agreement meant the DoJ could have<br />

reopened the criminal case if the bank<br />

had repeated similar breaches during<br />

that period.<br />

The DoJ could have extended the<br />

DPA, as it did twice on a similar agreement<br />

with Standard Chartered. But<br />

HSBC said on Monday that it had “lived<br />

up to all its commitments”.<br />

The move is expected to allow<br />

HSBC to return more of the $8bn of<br />

trapped capital that regulators have<br />

forced it to keep in the US, which is<br />

likely to fund an extension of its share<br />

buy-back programme. Shares in HSBC<br />

rose 1.1 per cent on Monday morning.<br />

The ending of the DPA is a vindication<br />

for the outgoing management<br />

team of Douglas Flint, who retired as<br />

more than 1 per cent — the first such<br />

increase in seven years. It is unclear if<br />

hospitals will be awarded more generous<br />

funding to cope with the effects<br />

of the unexpected end to the public<br />

sector pay freeze.<br />

In an effort to head off potential<br />

attacks over his record at the trust,<br />

Lord Kerslake quotes in the article a<br />

so-far unpublished draft report by the<br />

Care Quality Commission praising his<br />

leadership and saying he was “held in<br />

very high regard by staff at all levels”.<br />

Lord Kerslake concludes by saying<br />

that, while there are things the trust<br />

could have done better, its problems<br />

fundamentally lie in the way that the<br />

NHS is funded and organised.<br />

“We desperately need a fundamental<br />

rethink,” he writes.<br />

In an interview with The Sunday<br />

Telegraph, the peer also disclosed that<br />

he and a group of former civil servants<br />

were advising the Labour party on<br />

preparing for government.<br />

“It is not unusual for some of the<br />

things they want to have run by the<br />

state being run by the state in other<br />

parts of Europe. The comparison is<br />

quite illuminating,” he said.<br />

chairman this year, and Stuart Gulliver,<br />

who is due to hand over as chief executive<br />

to John Flint, his retail banking<br />

head, in February.<br />

Mr Flint and Mr Gulliver made it<br />

one of their priorities to clean up the<br />

bank’s anti-money laundering and<br />

sanction controls, investing more than<br />

$1bn in compliance technology and<br />

creating a financial crime risk unit that<br />

has more than 7,000 staff.<br />

“We took the decision to apply US<br />

level standards across the entire bank,<br />

which we didn’t have to do, but it is<br />

clearly one of the reasons why the DoJ<br />

agreed to do a DPA rather than prosecute<br />

us,” said Stuart Levey, a former<br />

DoJ and US Treasury official who HSBC<br />

hired as its chief legal officer in 20<strong>12</strong>.<br />

“Of course we still have improvements<br />

to make and we always will.”

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