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It was a decade ago when a celebrated book claimed that now we lived in
a world that was flat: technology in a post-Berlin-Wall-world had created
a level field where information was to flow easily and people could
collaborate worldwide, thus stretching the reach of the supply chain. In this
inter-connected world where information and labor and technology could
effortlessly come together, there could be few drawbacks and many winners.
Without explicitly stating it in the book’s conclusions, trade was tapped as one
of the primary beneficiaries of a flat world.
And, boy, did the world trade grow in the last decade! According to the
World Trade Organization, worldwide trade of goods was propelled by more
than 60 percent to more than US$19 trillion in nominal value by the end of
2014. It was a great time, indeed. And the shipping industry had a fantastic
time for most of that same period when freight rates and vessel prices were at
a multiple of historic averages.
While capesize vessels for the transport of coal and iron ore historically
were earning $20,000 per day and costing $30 million to build in 2008, their
freight rates has increased ten-fold to close to $200,000 per day and their
value was standing at more than $180,000 million, an eight-fold increase.
Shipowners responded by ordering more vessels and the world’s dry bulk
fleet more than doubled in the same period.
Contrast this with the present. Anyone who follows the shipping industry
knows that 2016 has been one of the worst years in recent memory for the
industry. Earlier in the year, approximately 30 percent of the world’s fleet was
idling and freight rates were at the lowest point of the last 30 years. This has
been true for dry bulk vessels, containership vessels, drill ships and offshore
supply vessels, and, to a smaller extent, for tanker vessels. The last couple of
years have been brutal for shipping with many shipping banks and shipowners
experiencing varying degrees of distress.
The current problems in the shipping industry are partially self-inflicted:
quite frankly, there seemed to be an oversupply of vessels. Credit was cheap
and easy a few years ago by both shipping banks and shipbuilders, and given
the prevailing optimism of a rosy market, it was too tempting to place more
newbuilding orders than required for a balanced market. The fact that there
is typically a time lapse of at least two years between ordering a vessel and
seeing her delivered from the shipbuilder only ensured that when signs of an
oversupplied market appeared, it was too late to turn the spigot on the spot.
Thus, tonnage oversupply (too many vessels) should be getting a great deal of
the blame of the weak shipping markets.
On the demand side for shipping, the availability of cargoes to be traded,
the picture has not been as enticing as in the immediate past and not nearly
as strong as during the boom years of the cycle. According to data by the WTO,
trade in goods dropped by 12 percent between 2014 and 2015, the latest years
Trade and shipping:
The world is not flat anymore
Basil
Karatzas
F I R S T Q U A R T E R 2 0 1 7 | i S S U E N O. 4 63 6 w w w. c a y m a n f i n a n c i a l r e v i e w. c o m
were complete data is available. Likewise, in 2016, based on monthly data so far,
growth seems positive, but minimal. Specifically, demand for marine (seaways)
transport is expected to have scored minimal growth (a couple of percentage
points) in 2015 and 2016. In short, there is no doubt that demand for ships has
been slowing down in the couple of years, and worse, demand for vessels is
overwhelmed by supply of vessels (deliveries from the shipbuilders).
The supply aspect of the equation is rather well understood: cheap money,
excessive optimism and good old-fashioned greed caused the market to be
oversupplied. It has happened before in shipping and in many other industries
throughout recorded history of human commercial activity. So far, so bad.
However, deciphering the collapse of demand seems to be much more
esoteric and complicated, nevertheless much more crucial in order to create
an opinion about the prospects of a market recovery for the industry. By just
browsing the international business headlines in the last few years, one can
sense several factors for declining trade:
a) China, the definite driver of growth in the past decade, has seen its
economy slowing from about 16 percent to a state-estimated 6 percent.
For an economy in excess of US$ 11 trillion, each percentage point
decline represents US$ 110 billion in foregone output.
b) The EU and the overall European continent seems to be besieged with
political and sovereign concerns in the last years with only Germany and
the U.K. resembling barely growing economies.
c) In the U.S., rather anemic GDP growth rates of 2 to 3 percent will do little
to support world trade.
d) In Japan, despite the aspirations of the Bank of Japan and the Abe
administration, it seems that another “lost decade” is about to be added
to the once formidable “Japan Inc.”
In short,the growth picture seems rather bleak when one focuses on the OECD
countries, which comprise almost half of the world’s economy; in other words,
half of the world’s economies are either stagnant or underperforming, leaving
smaller economies of emerging markets to pull the growth wagon forward.
As a rule of thumb, world trade grows over long periods of (normalized)
time at double the rate of world GDP growth. Intuitively, this make sense as in
the course of normal economic activity countries typically import a great deal
of raw materials and commodities to be processed and then exported as semi-
finished or end products. The above graph, drawn from GTO and World Bank
data, more or less confirms the rule. However, one has to notice that, in the
last couple of years, there have been overlapping concerns on whether this is
a “seasonal” effect or a structural change in the market. If the former, it would
be a matter of time before trade growth reaches normal levels; if the latter, then
one should be expecting more headwinds for the shipping industry.
To complicate the analysis further, one has to notice that our flat world
has been showing some ghastly signs of ripples lately. In 2016, in the U.K.,
voters opted for a Brexit from the EU, and while the details of any agreement
of said departure have yet to be negotiated, one has to assume that going
forward it will be more than just the English Channel separating the U.K. from
the continent. In continental Europe, meanwhile, there seems to be a trend
towards “nationalization” by several member countries of the EU, challenging
the promise of the free movement of goods and people across borders both
within the EU and through treaties (TIPP with Canada, for example) with
countries outside the EU.
Across the Atlantic, U.S. voters surprised the experts late this year and
voted Donald Trump into office on a clear anti-globalization and re-shoring
agenda where trade agreements, whether existing (NAFTA) or to be ratified
(TIPP), could be expected to be treated with skepticism.
There is a clear trend in the western world against trade and the movement
of people across borders. Countries in Asia still seem more inclined to have
regional trade agreements (ASEAN and RCEP), which, however, seem to be de-
coupled from the western world.
Shipping, and the transport industries in general, are considered leading
indicators of economic activity; intuitively again, first raw materials and
cargoes are shipped before they show up in indices counting economic activity.
In the last couple of years, shipping has held little promise for the future, if its
forecasting prowess is to be depended upon. There is certain “noise” in that
shipping as a leading indicator is weak due to problems with excessive vessel
supply, but again, there are just too many clouds around the industry that seem
to darken a bright future. From slowing demand to an anti-globalization wave,
the headwinds are hard to ignore.
Basil M Karatzas is Founder and CEO of Karatzas Marine Advisors in NewYork, a
shipping finance advisory and shipbrokerage firm. For more information, see
www.karatzas.com.
The current problems
in the shipping
industry are partially
self-inflicted: quite
frankly, there seemed
to be an oversupply
of vessels.
World GDP and Trade Growth (y-o-y %)
Karatzas Marine Advisors & Co.World GDP Growth World Trade Growth
20.00%
15.00%
10.00%
5.00%
0.00%
-5.00%
-10.00%
-15.00%
2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015
Karatzas Marine Advisors & Co
T: +1 (212) 380 3700 E: Basil@BMKaratzas.com W: www.karatzas.com
Basil Karatzas
CEO
F I R S T Q U A R T E R 2 0 1 7 | I S S U E N O. 4 6w w w. c a y m a n f i n a n c i a l r e v i e w. c o m 3 7
FIRST QUARTER 2017 | ISSUE NO. 46
1 Editorial board
Letter from the Editorial Board
2 Stopping the Tide
Cayman retrospective
8 Economic growth continues
Law talk
10 Use of discretionary powers by Cayman liquidators
Offshore
14 The impact of the Panama Papers
Interview with Bastian Obermayer, Sueddeutsche Zeitung
16 Sergeeva v Tripleton International Limited
– appeals decision with far-reaching consequences
Trump
20 The meaning of Donald Trump
22 What the Caribbean should do about the new Trump administration
24 Trump’s regulatory reforms
26 The trade agenda for the Trump administration
28 U.S. considers border adjustable tax folly
30 Globalization and nationalism: Good and/or bad?
34 Reflections on globalization
36 Trade and shipping: The world is not flat anymore
38 A Trojan horse for creditors of Cayman companies
30
22 2410
Globalization and nationalism: Good and/or bad?
Law Talk: Use of discretionary powers by
Cayman liquidators
What the Caribbean should do about the new
Trump administration
Trump’s regulatory reforms
F I R S T Q U A R T E R 2 0 1 7 | i S S U E N O. 4 66 w w w. c a y m a n f i n a n c i a l r e v i e w. c o m
www.caymanfinancialreview.com
The only magazine which promotes
the Cayman Islands’ financial
services industry at a local and
international level.
First Quarter 2017 | Issue No. 46www.caymanfinancialreview.com
The impact of the
Panama Papers
Trade and shipping
– the world is not flat
Globalization and nationalism
– good and bad
The
effect
TThe
ff ttff t
Trump
All rights reserved. No part of this
publication may be reproduced in any
form of advertising without the express
permission in writing from Cayman
Financial Review. No responsibility for
loss occasioned to any person acting or
refraining from acting as a result of material
in this publication can be accepted. The
views and opinions of the writers in this
magazine are those of the authors and do
not necessarily represent the views and
opinions of any organisation that they are
employed by, or otherwise associated with
or the publisher of this magazine.
Cayman Financial Review is
owned and published by
Pinnacle Media Group Ltd.
PO Box 1365, Grand Cayman KY1-1108,
Cayman Islands
T. +1 (345) 949 5111 F. +1 (345) 949 7675
E. info@pinnaclemedialtd.com
LinkedIn: Cayman Financial Review
Twitter: CaymanFinRev
PUBLISHERS
David R. Legge
Vicki L. Legge
EDITOR
Michael Klein
SALES REPRESENTATIVES
Adam Azarzar
Deborah Roberts
Denise Gutierrez
Andrea Wong Sam
Alanna Garcia
GRAPHIC DESIGN
Alexander Angel
Subscribe to our printed edition at
www.caymanfinancialreview.com
Editorial enquiries
Michael Klein
+1 (345) 326 1720
mklein@pinnaclemedialtd.com
54
40 Make-whole premiums and ‘cram-up’:
A glass half full?
42 The changing landscape of private fund
investor due diligence
44 The New Confidential Information
Disclosure Law 2016
46 Landscape changes for reporting impairment
losses in financial instruments
Compliance column
48 Freezing in the sunshine:
49 International sanctions checking
– by no means as simple as it seems
50 OECD Watch: BEPS project remains the main focus
52 The continuation of a horrible year
54 Cowperthwaite’s ‘un-Keynesian’ Hong Kong
56 India’s currency ‘reform’
57 The odd history of the petroleum futures markets
58 Money matters for investors and officials
Academic alert
62 Grey matters
36
44
Cowperthwaite’s ‘un-Keynesian’
Hong Kong
Trade and shipping: The world is not flat anymore
The New Confidential Information
Disclosure Law 2016
46
Landscape changes for reporting impairment
losses in financial instruments
F I R S T Q U A R T E R 2 0 1 7 | I S S U E N O. 4 6w w w. c a y m a n f i n a n c i a l r e v i e w. c o m 7

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Trade and shipping: The world is not flat anymore

  • 1. It was a decade ago when a celebrated book claimed that now we lived in a world that was flat: technology in a post-Berlin-Wall-world had created a level field where information was to flow easily and people could collaborate worldwide, thus stretching the reach of the supply chain. In this inter-connected world where information and labor and technology could effortlessly come together, there could be few drawbacks and many winners. Without explicitly stating it in the book’s conclusions, trade was tapped as one of the primary beneficiaries of a flat world. And, boy, did the world trade grow in the last decade! According to the World Trade Organization, worldwide trade of goods was propelled by more than 60 percent to more than US$19 trillion in nominal value by the end of 2014. It was a great time, indeed. And the shipping industry had a fantastic time for most of that same period when freight rates and vessel prices were at a multiple of historic averages. While capesize vessels for the transport of coal and iron ore historically were earning $20,000 per day and costing $30 million to build in 2008, their freight rates has increased ten-fold to close to $200,000 per day and their value was standing at more than $180,000 million, an eight-fold increase. Shipowners responded by ordering more vessels and the world’s dry bulk fleet more than doubled in the same period. Contrast this with the present. Anyone who follows the shipping industry knows that 2016 has been one of the worst years in recent memory for the industry. Earlier in the year, approximately 30 percent of the world’s fleet was idling and freight rates were at the lowest point of the last 30 years. This has been true for dry bulk vessels, containership vessels, drill ships and offshore supply vessels, and, to a smaller extent, for tanker vessels. The last couple of years have been brutal for shipping with many shipping banks and shipowners experiencing varying degrees of distress. The current problems in the shipping industry are partially self-inflicted: quite frankly, there seemed to be an oversupply of vessels. Credit was cheap and easy a few years ago by both shipping banks and shipbuilders, and given the prevailing optimism of a rosy market, it was too tempting to place more newbuilding orders than required for a balanced market. The fact that there is typically a time lapse of at least two years between ordering a vessel and seeing her delivered from the shipbuilder only ensured that when signs of an oversupplied market appeared, it was too late to turn the spigot on the spot. Thus, tonnage oversupply (too many vessels) should be getting a great deal of the blame of the weak shipping markets. On the demand side for shipping, the availability of cargoes to be traded, the picture has not been as enticing as in the immediate past and not nearly as strong as during the boom years of the cycle. According to data by the WTO, trade in goods dropped by 12 percent between 2014 and 2015, the latest years Trade and shipping: The world is not flat anymore Basil Karatzas F I R S T Q U A R T E R 2 0 1 7 | i S S U E N O. 4 63 6 w w w. c a y m a n f i n a n c i a l r e v i e w. c o m
  • 2. were complete data is available. Likewise, in 2016, based on monthly data so far, growth seems positive, but minimal. Specifically, demand for marine (seaways) transport is expected to have scored minimal growth (a couple of percentage points) in 2015 and 2016. In short, there is no doubt that demand for ships has been slowing down in the couple of years, and worse, demand for vessels is overwhelmed by supply of vessels (deliveries from the shipbuilders). The supply aspect of the equation is rather well understood: cheap money, excessive optimism and good old-fashioned greed caused the market to be oversupplied. It has happened before in shipping and in many other industries throughout recorded history of human commercial activity. So far, so bad. However, deciphering the collapse of demand seems to be much more esoteric and complicated, nevertheless much more crucial in order to create an opinion about the prospects of a market recovery for the industry. By just browsing the international business headlines in the last few years, one can sense several factors for declining trade: a) China, the definite driver of growth in the past decade, has seen its economy slowing from about 16 percent to a state-estimated 6 percent. For an economy in excess of US$ 11 trillion, each percentage point decline represents US$ 110 billion in foregone output. b) The EU and the overall European continent seems to be besieged with political and sovereign concerns in the last years with only Germany and the U.K. resembling barely growing economies. c) In the U.S., rather anemic GDP growth rates of 2 to 3 percent will do little to support world trade. d) In Japan, despite the aspirations of the Bank of Japan and the Abe administration, it seems that another “lost decade” is about to be added to the once formidable “Japan Inc.” In short,the growth picture seems rather bleak when one focuses on the OECD countries, which comprise almost half of the world’s economy; in other words, half of the world’s economies are either stagnant or underperforming, leaving smaller economies of emerging markets to pull the growth wagon forward. As a rule of thumb, world trade grows over long periods of (normalized) time at double the rate of world GDP growth. Intuitively, this make sense as in the course of normal economic activity countries typically import a great deal of raw materials and commodities to be processed and then exported as semi- finished or end products. The above graph, drawn from GTO and World Bank data, more or less confirms the rule. However, one has to notice that, in the last couple of years, there have been overlapping concerns on whether this is a “seasonal” effect or a structural change in the market. If the former, it would be a matter of time before trade growth reaches normal levels; if the latter, then one should be expecting more headwinds for the shipping industry. To complicate the analysis further, one has to notice that our flat world has been showing some ghastly signs of ripples lately. In 2016, in the U.K., voters opted for a Brexit from the EU, and while the details of any agreement of said departure have yet to be negotiated, one has to assume that going forward it will be more than just the English Channel separating the U.K. from the continent. In continental Europe, meanwhile, there seems to be a trend towards “nationalization” by several member countries of the EU, challenging the promise of the free movement of goods and people across borders both within the EU and through treaties (TIPP with Canada, for example) with countries outside the EU. Across the Atlantic, U.S. voters surprised the experts late this year and voted Donald Trump into office on a clear anti-globalization and re-shoring agenda where trade agreements, whether existing (NAFTA) or to be ratified (TIPP), could be expected to be treated with skepticism. There is a clear trend in the western world against trade and the movement of people across borders. Countries in Asia still seem more inclined to have regional trade agreements (ASEAN and RCEP), which, however, seem to be de- coupled from the western world. Shipping, and the transport industries in general, are considered leading indicators of economic activity; intuitively again, first raw materials and cargoes are shipped before they show up in indices counting economic activity. In the last couple of years, shipping has held little promise for the future, if its forecasting prowess is to be depended upon. There is certain “noise” in that shipping as a leading indicator is weak due to problems with excessive vessel supply, but again, there are just too many clouds around the industry that seem to darken a bright future. From slowing demand to an anti-globalization wave, the headwinds are hard to ignore. Basil M Karatzas is Founder and CEO of Karatzas Marine Advisors in NewYork, a shipping finance advisory and shipbrokerage firm. For more information, see www.karatzas.com. The current problems in the shipping industry are partially self-inflicted: quite frankly, there seemed to be an oversupply of vessels. World GDP and Trade Growth (y-o-y %) Karatzas Marine Advisors & Co.World GDP Growth World Trade Growth 20.00% 15.00% 10.00% 5.00% 0.00% -5.00% -10.00% -15.00% 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Karatzas Marine Advisors & Co T: +1 (212) 380 3700 E: Basil@BMKaratzas.com W: www.karatzas.com Basil Karatzas CEO F I R S T Q U A R T E R 2 0 1 7 | I S S U E N O. 4 6w w w. c a y m a n f i n a n c i a l r e v i e w. c o m 3 7
  • 3. FIRST QUARTER 2017 | ISSUE NO. 46 1 Editorial board Letter from the Editorial Board 2 Stopping the Tide Cayman retrospective 8 Economic growth continues Law talk 10 Use of discretionary powers by Cayman liquidators Offshore 14 The impact of the Panama Papers Interview with Bastian Obermayer, Sueddeutsche Zeitung 16 Sergeeva v Tripleton International Limited – appeals decision with far-reaching consequences Trump 20 The meaning of Donald Trump 22 What the Caribbean should do about the new Trump administration 24 Trump’s regulatory reforms 26 The trade agenda for the Trump administration 28 U.S. considers border adjustable tax folly 30 Globalization and nationalism: Good and/or bad? 34 Reflections on globalization 36 Trade and shipping: The world is not flat anymore 38 A Trojan horse for creditors of Cayman companies 30 22 2410 Globalization and nationalism: Good and/or bad? Law Talk: Use of discretionary powers by Cayman liquidators What the Caribbean should do about the new Trump administration Trump’s regulatory reforms F I R S T Q U A R T E R 2 0 1 7 | i S S U E N O. 4 66 w w w. c a y m a n f i n a n c i a l r e v i e w. c o m
  • 4. www.caymanfinancialreview.com The only magazine which promotes the Cayman Islands’ financial services industry at a local and international level. First Quarter 2017 | Issue No. 46www.caymanfinancialreview.com The impact of the Panama Papers Trade and shipping – the world is not flat Globalization and nationalism – good and bad The effect TThe ff ttff t Trump All rights reserved. No part of this publication may be reproduced in any form of advertising without the express permission in writing from Cayman Financial Review. No responsibility for loss occasioned to any person acting or refraining from acting as a result of material in this publication can be accepted. The views and opinions of the writers in this magazine are those of the authors and do not necessarily represent the views and opinions of any organisation that they are employed by, or otherwise associated with or the publisher of this magazine. Cayman Financial Review is owned and published by Pinnacle Media Group Ltd. PO Box 1365, Grand Cayman KY1-1108, Cayman Islands T. +1 (345) 949 5111 F. +1 (345) 949 7675 E. info@pinnaclemedialtd.com LinkedIn: Cayman Financial Review Twitter: CaymanFinRev PUBLISHERS David R. Legge Vicki L. Legge EDITOR Michael Klein SALES REPRESENTATIVES Adam Azarzar Deborah Roberts Denise Gutierrez Andrea Wong Sam Alanna Garcia GRAPHIC DESIGN Alexander Angel Subscribe to our printed edition at www.caymanfinancialreview.com Editorial enquiries Michael Klein +1 (345) 326 1720 mklein@pinnaclemedialtd.com 54 40 Make-whole premiums and ‘cram-up’: A glass half full? 42 The changing landscape of private fund investor due diligence 44 The New Confidential Information Disclosure Law 2016 46 Landscape changes for reporting impairment losses in financial instruments Compliance column 48 Freezing in the sunshine: 49 International sanctions checking – by no means as simple as it seems 50 OECD Watch: BEPS project remains the main focus 52 The continuation of a horrible year 54 Cowperthwaite’s ‘un-Keynesian’ Hong Kong 56 India’s currency ‘reform’ 57 The odd history of the petroleum futures markets 58 Money matters for investors and officials Academic alert 62 Grey matters 36 44 Cowperthwaite’s ‘un-Keynesian’ Hong Kong Trade and shipping: The world is not flat anymore The New Confidential Information Disclosure Law 2016 46 Landscape changes for reporting impairment losses in financial instruments F I R S T Q U A R T E R 2 0 1 7 | I S S U E N O. 4 6w w w. c a y m a n f i n a n c i a l r e v i e w. c o m 7