By staff reporters Zhao Jianfei, Chen Zhu, Yan Jiangjing,
Zhang Boling, Dong Lingxi and Yang Yue
From
Caijing Magazine
Wearing a suit without tie, a homebound Xiao Yaqing waits
at an elevator door at the offices of China’s largest aluminum concern
Chinalco. “Soon I won’t be getting paid (here),” he jokes. “Please still let me
in for lunch.”
As the elevator descends, 50-year-old Xiao contemplates
his rising career. He’s not really worried about lunch; he’s a national hero for
promoting overseas acquisitions, and one of the most closely watched business
leaders in China.
Xiao is also getting a new job as a high-ranking
government official. February 16 was his last day as Chinalco’s general manager.
The following day, he was seated as a vice secretary-general of the State
Council, a vice ministerial post.
Under Xiao’s leadership, state-owned Chinalco prospered
at home and abroad. The company paid US$ 1 billion in 2008 to the
U.S. aluminum giant Alcoa for a stake
in Australian mining concern Rio Tinto. He oversaw an additional US$ 14 billion
payout for a 12 percent stake in the company last
year.
Shortly before Xiao accepted the State Council post, he
engineered another coup for Chinalco: A plan to inject an additional US$ 19.5
billion in Rio Tinto -- an unprecedented overseas investment for a Chinese
company. The deal is now being reviewed by government regulators in several
countries.
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| Xiao
Yaqing |
Not all of China’s overseas deal-making in the
resource sector has lifted fortunes like Xiao’s. A few years ago,
China’s Minmetals tried but
failed to buy the Canada’s largest mining company,
Noranda Inc. An earlier flop was Chinese oil concern CNOOC’s attempt to buy the
America’s
Unocal.
Some deals worked, however. China has successfully invested in overseas iron
ore ventures through the jointly operated Channar Iron Ore Mine in
Australia since the 1980s. Alcoa’s
oxidized aluminum projects started attracting Chinese investment in the 1990s.
China National Petroleum Group bought Kazakhstan Oil in
2005.
Chinalco’s plan to boost its stake in Rio Tinto is not a
sure thing. It’s now clear – and painfully so after the Noranda and Unocal
failures – that concerns of target companies and the national interests of their
home countries play into these equations as well. Australia’s
government could throw a wrench into the Chinalco plan. The Chinese government
has a considerable stake as well.
Regardless, overseas resource shopping is receiving an
enormous amount of attention. The story is important because of
China’s distinction as a huge
consumer of minerals, oil and other natural
resources.
Based on its current industrialization trajectory,
China has no choice but to move
upstream in the resource industry. At stake is the long-term sustainability of
an economy with an immense appetite for resource
inputs.
Rutted
Course
Going abroad has not always been a popular course for
Chinese companies tied to the resource sector.
“Do not meddle with overseas projects” was a 1990s
warning uttered by Xu Hanjing, a general manager of China Nonferrous Metals
Import and Export Corp. (CNMIEC), China’s largest overseas investor. Later the
phrase was adopted by his successor, Zhu Guang, now a senior vice president at
Minmetals.
Some years ago, when economic reform and opening was just
a slogan in China, few realized how important
foreign energy and mineral resources would be for the country. Plans for
overseas acquisitions were rare and often controversial.
The cautious Xu was among the first business leaders to
test the risky waters of overseas investment. Today, at age 55, he’s more
reflective about the dreams and realities of the Chinese mining industry. He
agreed to an interview with Caijing on a rainy Saturday last August in a
Beijing
restaurant. His story is woven into the fabric of the modern history of
China’s mining industry and its going
abroad strategy.
Xu took a position at CNMIEC’s foreign affairs department
in 1984, about a year after the company’s founding. He was in charge of
translation – a skill he honed at a publishing company that translated the
Encyclopedia Britannica after graduating from Chengdu University of Science and
Technology with an English degree.
The encyclopedia job was “an eye opener” to the world
outside China, Xu said. “Before that, I
thought there was only one event in 1921: the establishment of the Communist
Party of China,” he recalled. “After a quick look at the encyclopedia, it seemed
quite a lot had happened” that year.
Xu worked his way up the ladder and was appointed a
CNMIEC representative in Australia in 1989 -- six years after
China’s premier and China
International Trust and Investment Corp. (CITIC) Assistant General Manager Jing
Shuping visited Australia to discuss the country’s
western iron ore reserves. Jing had recommended the use of domestic and
international resources as well as overseas resource investments to boost
China’s economy – an idea
backed by the State Council and Australia at a time when the iron ore
industry was struggling.
Even before his arrival, in 1987, the China Metallurgical
Import and Export Co. (CMIEC), under the Ministry of Metallurgy and led by the
State Council, had set up China’s first investment in overseas assets through a
joint mining agreement with Hamersley Iron Ore Co., a subsidiary of Rio Tinto’s
precursor CRA, for an iron ore mine called Channar. That same year, CITIC
acquired a 10 percent stake in Australia’s Portland Aluminum and
later increased that holding to 22.5 percent.
The Channar mine’s investment totaled US$ 200 million --
60 percent of which was financed by the Australian side and 40 percent by the
Chinese side. The Chinese party had promised to sell 10 million metric tons of
iron ore. The contract was to end when a 200 million ton extraction limit was
reached, or in 2012, whichever came first.
But the Channar project sparked debate in
China, recalled Dong Zhixiong, a
former China Steel Group vice president who was in charge of the Channar project
at CMIEC. Some criticized the agreement as an “unequal treaty” and wondered why,
for a project it owns only a 40 percent stake, China should be
responsible for all the sales. The dispute was settled when the State Council
approved the investment.
The program has become China Steel Group’s main source of
profits in recent years, thanks to rising international iron ore prices. But
selling several million tons of iron ore was not an easy task during a mining
industry downturn in the 1990s.
“There was no trick” to the process, Dong said. “Each
year, the Ministry of Metallurgy would meet and exert strong pressure on
companies to buy, often on credit. At the end of the year, receiving payments
proved difficult.”
Against this backdrop, investment in overseas mineral
resources became a sensitive topic. Dong told Caijing that CMIEC once set its
sights on an iron ore project in South Africa that offered a yearly
supply of 5 million tons. But the Channar deal left a bad taste, and afterward
no one dared invest.
At that time, the Chinese government offered little
support to companies interested in acquiring overseas resources, said China
Steel Industry Association (CSIA) Secretary General Shan Shanghua. A major
reason was that the country’s foreign exchange reserves were insufficient.
Before the late 1990s, all overseas acquisitions required special approval. For
example, Capital Steel’s 1992 acquisition of Peru’s Marcona Iron Ore needed specific State
Council approval.
Moreover, some government voices argued that companies
should utilize domestic resources rather than spend money for mines and labor
abroad. As a result, acquiring mineral resources abroad was sometimes criticized
as “foolish.”
“At that time, there wasn’t enough understanding of
mergers and acquisitions,” Dan said. “No consideration was given to changing a
national policy to encourage the use of domestic and international
resources.”
Few overseas investment projects were made through the
1990s. In addition to Capital Steel’s US$ 120 million purchase of a 98 percent
stake in Marcona – a weak investment, as it turned out – the Chinese steel
company Angang and Australia’s Terman Co. agreed in 1994 to jointly
developed Western
Australia’s Giuliaono mine.
Meanwhile, as CNMIEC’s man in Australia, Xu
was far away from debates at home over overseas investments. That freed him to
pursue resource deals. He started using Chinese teams for resource explorations
in Australia. Then, with US$ 30 million
from CNMIEC, Xu set up a wholly owned subsidiary Sino Mining International. In a
few years, he worked his way up to general manager.
Sino Mining became China’s earliest
overseas mining investment platform. Its first major move was the purchase of
the oxidized aluminum business of Alcoa Worldwide Alumina and Chemicals (AWAC),
a cooperative project of Alcoa and Australia’s WMC. Sino Mining paid US$
240 million, and Alcoa agreed to provide 400,000 tons of oxidized aluminum at
cost annually for 30 years. The contract was worth an estimated US$ 2.1 billion.
CNMIEC and its successor, Minmentals, eventually saw a substantial return on the
investment.
But the Sino Mining venture failed to meet its potential.
The company had an option to increase its investment in three phases over three
years. Each phase would have raised the amount of oxidized aluminum by 200,000
tons, for an annual total of 1 million tons. But at the turn of the century,
CNMIEC found itself in dire straits, unable to make any extra
investment.
Xu’s career slipped as well. Despite his status as a
pioneer for overseas investments, he lost his job and his marriage
failed.
Sino
Mining’s Legacy
But Xu stayed in the game. Now, he’s the executive
director at Sino Gold (ASX: SGX, HKSE: 01862) and in charge of the company’s
mainland operations.
Sino Gold is considered China’s only
successful foreign-linked gold company. It’s listed on the Australian Stock
Exchange and joined the Hong Kong exchange in
2007. It was built on the remnants of Sino Mining, which dissolved in a
management buyout after shifting its oxidized aluminum operations to Minmetals
in 2000.
When Sino Mining was established, Xu opted for a western
mode of operations with three, core executives lured from Australia’s
Macquarie Bank. Nick Curtis, formerly responsible for the bank’s bulk
commodities, became CEO, while Curtis’ right-hand man Jacob Klein took a post on
the executive committee and was promoted in 1999 to vice director of operations.
Michael Cosgrove, formerly of the Macquarie’s
Corporate Finance Division, took charge of
development.
Klein later became the CEO of Sino Gold, while Cosgrove
is now CEO of Asian-American Coal Co. Both continue working in
China.
Today, Xu is a controversial figure in
China. But he still has a vision of
using foreign investment to obtain the natural resources China lacks.
Rising about peers in China’s non-ferrous metals industry,
his company pioneered the internationalization of the sector. And the cause
lived on even after CNMIEC dissolved and Sino Mining’s staff
dispersed.
Any large resource acquisitions by Chinese enterprises
now and in the near future will be built on a personnel base Xu assembled to
promote and execute such deals. These include 42-year-old Wang Wenfu, now
president of Chinalco Overseas Holdings Ltd. and a core member of the team that
initiated Chinalco’s moves on Rio Tinto. Another is Zhao Zhenggang, who used to
work at the overseas branch of CNMIEC’s planning department. He also served as a
board secretary at Sino Mining, and today is overseas development director for
Chinalco.
Minmetals Setback
Xu’s vision sharpened considerably in 2004, when
Minmetals launched its bid for Noranda. That spring, the Canadian company’s CEO
Derek Pannell took a call from Yang Jianzhen from Brookfield Asset Management’s
Beijing office.
Yang said a Chinese company named Minmetals was hoping to participate in a deal
for Noranda.
“Minmetals? Who? Do they have money?” Pannell reportedly
asked incredulously. But he couldn’t hang up. He had to listen to Yang because
Brookfield owned
42.5 percent of Noranda.
It became clear that China was no
longer shy about overseas acquisitions. Enterprises such as Minmetals as well as
the government were, after 20 years of rapid economic growth, ready to step onto
the world stage in search of commercial opportunities. The man who pushed for
and led the proposed US$ 4 billion acquisition – which would have been
China’s largest overseas acquisition
-- was Zhu Guang, vice president of non-ferrous metals for
Minmetals.
At the time, Toronto-based Noranda was the world’s
ninth-largest producer of copper, third-largest producer of lead and
third-largest producer of zinc. It also had considerable production capacity for
aluminum. And although the company’s mining costs were not the lowest in the
world, its high-quality assets were hard to come
by.
Minmetals was then China’s largest metals and minerals
trading company, with US$ 4 billion in total assets and US$1.2 billion in net
assets -- less than half Noranda’s. As a trading company, Minmetals was exposed
to significant price volatility. Thus, company President Miao Gengshu was
recommending “industrial restructuring” and “resource control.” Acquiring
Noranda became a litmus test for Minmetals’ “industrial transformation” which,
if successful, was expected to reduce pressure for the company to
merge.
A source told Caijing that Minmetals was also following
the directions of the State-owned Assets Supervision and Administration
Commission (SASAC), whose Director Li Rong demanded in 2003 that state
enterprises become “bigger and stronger.” Li’s goal was industry leadership
within three years. That put enormous pressure on state
companies.
Minmetals, through an open tender, bought 100 percent in
Noranda for US$ 4.2 billion, beating competitors including Brazil’s Vale and South Africa’s
Anglo American. But the transaction met resistance in Canada as well
as within certain Chinese government departments. Amid the dickering,
non-ferrous metals prices skyrocketed, taking Noranda’s share price with them.
Soon, the US$ 4.2 billion offer looked pretty
small.
A participant in the transaction told Caijing that
Minmetals’ biggest obstacle was the National Development and Reform Commission
(NDRC), which frowned on Minmetals’ prospects.
“NDRC officials thought the Minmetals platform was too
small, that it was just a trading company and did not have managers with
experience in mining industry production and operations,” the source said. “So
they dragged their feet on the approvals.”
Caijing learned that NDRC insisted Minmetals ally itself
with several domestic steel companies if it wanted to complete the acquisition.
As the exclusive negotiation period with Noranda was about to expire, NDRC even
asked CITIC to step in and take Minmetals’ place in the deal – an idea rejected
by the Canadian company. Another analysis, however, said Minmetals failed
because it was relying on bank loans to finance the
acquisition.
The deal collapsed in late 2004. Coincidentally, at the
same time, Miao reached the mandatory retirement age.
In the end, Noranda was acquired by the Swiss Xstrata in
September 2005 for US$ 19.2 billion -- nearly five times above Minmetals’
original offer. It was a devastating experience for Minmetals’ acquisition
team.
“It seemed like nothing we did was of any use,” a team
member told Caijing. “We couldn’t make a deal
happen.”
Though deemed risky at the time, such a deal today would
be seen as a rare opportunity by many in China and spared
the kind of indecisiveness among authorities that apparently doomed the
acquisition. After losing Noranda, Minmetal’s vitality was sapped, and the
transaction team members went their separate ways.
Zhu Guang, the deal’s original engineer, still works at
Minmetals, as a senior vice president. But he’s faded into the background and,
to this day, labors without a specific assignment.
Insatiable Appetite
Minmetals’ failure marked the true start of
China’s overseas mining ambitions. It
was also a new beginning in China for awareness of overseas
acquisitions. In subsequent years, as mineral prices skyrocketed, Chinese
companies saw the importance of upstream
participation.
An official once in charge of overseas investment for a
Chinese steel company told Caijing that, in the 1990s, the Ministry of
Metallurgy had organized Baosteel, Wuhan Iron and Steel, Maanshan Iron and
Steel, and other steel companies to discuss cooperative projects in
Australia and
Brazil. But the companies showed
little interest.
“Those companies at the time weren’t optimistic about the
iron ore market and feared that, after developing a mine, they wouldn’t be able
to sell their ore,” the official said.
On the other hand, even though China made
“going out” a national policy in 2000, officials in charge of overseas
investment approvals still controlled the fate of such acquisitions. That opened
a door to rampant power abuse.
A typical example was He Lianzhong, director of the State
Planning Commission’s Overseas Investment Foreign Investment Department. After
structural reform in 2003, He took a position as assistant inspector at NDRC,
until he was investigated in 2005 by party discipline authorities. During that
time, several missed acquisition opportunities appeared to have been connected
to He. In 2007, he was sentenced to 12 years for taking
bribes.
As recently as 2004, the Australian resource company
Fortescue’s CEO Andrew Forrest was repeatedly rebuffed while visiting
China in search of investment
opportunities. An unyielding NDRC director at the time not only required that
the China Metallurgical Science and Industry Corp. represent Chinese steel
companies in any investment negotiations, but also required that the Chinese
side to obtain a controlling interest. In the end, the two sides parted on bad
terms.
Despite this obstacle, Fengli Group – founded by Wu
Yueming in Jiangsu
Province -- bought 5
million shares of Fortescue for AU$ 1 per share. At the time, NDRC said the move
was unapproved and against regulations. But after a number of twists and
setbacks, Fengli’s deal finally won approval. Since then, Fortescue has grown to
become Australia’s third-largest iron ore
producer.
Since the current phase of worldwide energy and mining
company consolidations began in the 1990s, single-metal mining companies have
expanded to become multiple-resource miners, and domestic mining companies have
embraced a global focus. These circumstances have led to a greater concentration
of mineral resource control.
Rio Tinto was formed in December 1995 through the
combination of mining companies RTZ and CRA. Vale privatized and began
consolidating the iron ore industry two years later. In June 2001,
Australia-registered BHP Ltd. combined with Britain’s
Billiton Plc to create BHP Billiton. Today, these three companies control more
than 70 percent of the world’s iron ore trade.
In the aluminum market, Australia’s
Alcan in 2000 acquired the Swiss company Alusuisse. In early 2004, it bought
France’s Pechiney Aluminum. And in
September 2007, Rio Tinto acquired Alcan for US$ 38
billion.
Through it all China, as the largest consumer of
mineral resources and energy, stood by and watched. It was clear, however, that
a main target of these acquisitions was to build an operation that would appeal
to China’s massive
appetite.
China relies on imports for
more than half of its iron ore production. According to the China Steel
Association, iron ore imports have grown about 20 percent per year since 2000.
Last year, when China’s domestic production growth
peaked, iron ore imports grew 15.8 percent over
2007.
To this day, China’s overseas iron ore interests
amount to only 40 million tons, or less than 10 percent of import volume.
Resource-starved steel giant Japan, on the other hand, holds
overseas iron ore assets equal to more than 60 percent of
imports.
In addition to iron ore, China imports
many other kinds of non-ferrous minerals each year. Liu Boya, a metals analyst
at Macquarie, said 75 percent of China’s copper needs and nearly 30
percent of its lead and zinc must be imported.
With three iron ore producers in the global driver’s
seat, iron ore prices have inched steadily higher since 2004. Rio Tinto and BHP
Billiton negotiated price increases of 96.5 percent in 2008. And for Vale’s
Carajas mineral block, the contract price that was US$ 16.90 per dry metric ton
in 2000 had quadrupled to US$ 81.36 by 2008.
“For bulk raw materials, this was enormous growth,” Xu
Xiangchun, Beijing Steel Union chief information officer, told
Caijing.
“Skyrocketing iron ore prices set ‘going out’ in motion,”
said Xu. “Now that prices are high, companies are afraid they won’t be able to
buy iron ore.”
Signals
from Chinalco
In the months leading to its latest Rio Tinto bid,
Chinalco was preparing to launch an IPO. A three-executive team took the helm
for the company’s overseas effort. Zhao left his CNMIEC job to work for
Chinalco’s IPO office and later became the director of the company’s overseas
development department. Wang had already joined Chinalco’s overseas holding
company after jumping from the China Minmetals ship at the end of 2003. They
were joined by Tai Yu, a former London trader who was one of the principal
players behind Minmetal’s 2004 talks with Noranda.
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| (Chick to
enlarge) |
The brain behind it all was
Xiao, who became Chinalco CEO and secretary of the company’s Communist Party
branch. Xiao’s creativity and flair for risk opened a door of opportunity that
Chinalco did not want to miss.
Chinalco is far from the largest biggest or strongest of
China’s top 100 state-owned
enterprises. But in January 2008, it won international fame overnight by
partnering with Alcoa for a US$ 1.45 billion purchase of 12 percent of Rio
Tinto. Chinalco thus became that company’s largest single
shareholder.
The purchase of Rio Tinto shares not only surprised BHP
Billiton, which itself was bidding for the Down Under miner, but also exceeded
the expectations of Chinalco insiders. One Chinalco source involved in the
transaction told Caijing, “We didn’t think we’d succeed at the beginning. It
just seemed like a direction that we needed to start moving
in.”
After the acquisition, Xiao told his group, “This is just
the first step.” He knew Rio Tinto’s stock would tumble after the failed merger
with BHP Billiton. So he began to prepare.
Across-the-board global mineral prices were dropping like
rocks in late 2008 as the economic crisis spread. BHP Billiton dropped its bid
for Rio Tinto, and in Rio’s stock value fell
below 11 pounds, resulting in a startling loss on Chinalco’s balance
sheet.
But Xiao said repeatedly that his goal was to stop a
merger of the two mining giants -- and that he had
succeeded.
It was then that Rio Tinto, itself mired in debt, gave
China another opportunity. In
December, the company said it would lay off 13 percent of its workers and cut
2009 capital expenses by US$ 5 billion. However, US$ 8.9 billion of their more
than US$ 40 billion in debt was coming due in October 2009, meaning Rio needed a repayment strategy to present to stockholders
before issuing 2008 results in February.
Xiao took his second big step February 11 in the
London law
office of Clifford Chance, where he signed a contract that he said he “couldn’t
even imagine.” In the agreement, Chinalco said it would inject US$ 19.5 billion
in cash into Rio Tinto by purchasing assets and through other debt-reducing
strategies.
“The amount of capital we’re using to cooperate with Rio
Tinto is the largest of its kind in the world,” Xiao said later in Beijing. The foreign press
called it a “pearl on the crown.”
This cooperation between Chinalco and Rio Tinto would
include almost all Rio’s best holdings in
copper, iron ore and other minerals. The transaction would assure a steady
supply of iron ore and bauxite for Chinalco. Under the contract, their venture
would include a hefty percentage of the Weipa mine bauxite sold outside
Australia, in addition to 30
percent of Hamersly mine’s iron ore sales to China. Chinalco
would also receive a secure, 25-year supply of Weipa
bauxite.
Xiao said ties with Rio Tinto would raise the level of
Chinalco’s international management. “Through this cooperation, we gained
completely new knowledge in the fields of international capital operations,
mergers and acquisitions, and corporate management.” he said. “We also saw the
enormous differences between Chinese state-owned enterprises and international
corporations.
“If the deal goes through, we’ll send several of our
managers to work at Rio Tinto,” Xiao said. “This will be a very valuable
asset.”
As Xiao closed the deal, another Chinalco team led by
Deputy CEO Lv Youqing and overseas executive Tai arrived in Australia. Soon
they submitted a request to Australia’s Foreign Investment Review
Board (FIRB), which is now deciding whether to give the transaction a green
light.
Bigger
Picture
Chinalco’s latest plan was one of several Australian
initiatives hatched by Chinese enterprises in February. In a span of just two
weeks, enterprises announced investments in Australian companies worth a
combined US$ 21.1 billion – an amount equal to more than 40 percent of
China’s total overseas investments in
2008.
Data provided by Dealogic shows 97 percent of the money
invested so far this year was aimed at overseas natural resources, while 90
percent was earmarked for Australian companies.
According to the Ministry of Commerce (MOC) and State
Administration of Foreign Exchange (SAFE), China’s direct
overseas investments stood at US$ 52.1 billion in 2008. Of that amount, 60
percent was steered toward resources and 7 percent went for Australian
projects.
A source familiar with the situation told Caijing that
“many Chinese companies are currently in overseas acquisition talks, and some
companies are competing with each other for the same
projects.”
The apparent stampede has generated some backlash,
raising concerns among shareholders at target companies as well as foreign
governments. Some fear the Chinese government is pulling
strings.
At the same time, many industry insiders in
China have warned that the recent
coinciding investment announcements may make it more difficult for Chinese
companies to win approvals from foreign governments. They also wonder whether
the deals could have been better coordinated.
China does not have a central
coordinating organization to direct recent overseas acquisitions. The National
Development and Reform Commission (NDRC), however, reviews competitive
environments surrounding proposed overseas deals before deciding whether a plan
fits the country’s development strategy. This review is a key step in a process
that requires potential acquisitions to be approved by NDRC as well as MOC and
SAFE.
NDRC has become more supportive of Chinese companies
bidding for overseas assets since 2004, when the agency rejected Minmetal’s
proposal to buy Noranda. It also blocked Fortescue’s effort to lure Chinese
investment. The government’s latest response is being viewed by some as a
reaction to current market conditions, with companies taking the
lead.
Philip Andrews-Speed, an energy resources professor at
the University Of Dundee in Scotland, draws a line between
government control and support. “I don’t think (the recent Chinese acquisitions)
are orchestrated by the government,” Andrews-Speed said. “It can only be seen as
government supported. The core motivation is the enterprises’ desire to catch
up, the chance to expand.”
Indeed, many recent deals have been topics of
negotiations for years and only now have reached the decision stage due to
recent changes in market conditions and eased government
controls.
There’s no denying that supportive policies have whipped
up overseas ambitions among Chinese companies, including central state-owned
enterprises, companies controlled by local governments, and the state’s
sovereign wealth fund.
In February, for example, China’s newly
established National Energy Bureau announced a plan to boost international
cooperation in the energy sector and encourage domestic energy companies to
expand overseas. The government also released a steel industry stimulus plan to
support Chinese companies in exploring overseas mining
markets.
At the same time, the flurry of activity has raised
suspicions in foreign markets – and even fear in countries such as
Britain and
Australia. Some of the more serious
reactions have put the huge investment plans at
risk.
“The stampede of Chinese company bids for overseas assets
may fail due to increasing political hurdles,” said Macquarie’s Liu. Projects now pending foreign government
review are “not only decided by economic factors.”
Seeking
Common Benefits
Perhaps not coincidentally, Australian Finance Minster
Wayne Swan on February 11 announced that his government would start viewing
convertible bonds as shares when considering overseas investments. Some
observers think this adjustment stemmed from the Chinalco-Rio Tinto deal, which
includes US$ 7.2 billion in convertible bonds.
But Chinalco insiders say there were communications with
Australian regulators before the deal was announced, and that the company was
not surprised by Swan’s statement. What appeared to be a sudden policy change
was actually designed to convince Australians that the government was simply
doing its job.
Indeed, Chinalco’s 2008 deal for Rio Tinto shares on the
British market did not involve talks with the Australian government; the
application for Australian regulatory approval came after the deal was
inked.
Nevertheless, Australian regulators have come under
pressure and the Chinalco deal faces many obstacles, including opposition from
some Rio shareholders, unions and human rights
groups.
Australian citizens and labor unions are worried about
the possible effects of Chinese purchases of Australian resources. Some concern
stems from Chinalco’s investment in Rio Tinto, but there is also broader anxiety
over Chinese investments in general. Some critics frowned on Minmetals’
investment in the mining company OZ and Hualing’s bid for Fortescue
shares.
Rio Tinto’s second-largest shareholder, Legal and General
Investment Industries (L&G), has asked the board of directors to consider
other solutions to the company’s financial predicament, such as selling new
shares to existing shareholders. “The priority of shareholders is important,”
said L&G, which now hopes all Rio Tinto shareholders will find a mutually
acceptable solution.
The Australian government’s regulators, on the other
hand, have neither a board of directors nor Rio Tinto shareholders to satisfy.
Instead, they analyze deals according to perceived national benefits. And Swan
has had a circumspect attitude toward the US$ 19.5 billion
deal.
“Our government will consider the particulars of this
deal on the basis of national interest,” Swan said. “Since Chinalco is Rio
Tinto’s customer, this deal will receive a great deal of
scrutiny.”
Australian Senator Barnaby Joyce is among those
protesting. “When they come here to buy Australia’s resources, it’s very hard
to turn them away once they’ve arrived at your doorstep,” Joyce said. “It’d be
best if there remained a distinction between client and
owner.”
Relatively speaking, local governments in mining areas
affected by a Chinalco-Rio deal have been welcoming. Colin Barnett, premier of
Western Australia, supports Chinalco’s plan to
boost its stake in Rio to 18 percent -- but he
also hopes that’s where it stops. Western Australia is the country’s primary
producer of iron ore.
Anna Bligh, premier of Queensland, voiced support for the deal soon after the
London
announcement. Queensland is currently working with Chinalco
to develop bauxite production. Bligh said, “The contract between Chinalco and
Rio will be extremely beneficial to the local
economy. I hope the federal government will allow the deal to go
through.”
As this edition of Caijing went to press,
Australia’s Chinese-speaking Prime
Minister Kevin Rudd had yet to comment on the deal.
But a leading figure in the Australian mining industry
told Caijing the extent to which his country allows Chinese participation in the
resources industry will be determined by the amount China
privatizes.