和记黄埔-贝莱德巴拿马港口交易面临更多法律风险
More Legal Landmines For CK Hutchison–BlackRock Panama Port Deal

原始链接: https://www.zerohedge.com/geopolitical/ck-hutchison-panama-port-deal-blackrock-faces-even-more-legal-hurdles

长江和记实业以228亿美元将巴拿马港口出售给黑石领衔的财团的交易正面临重大障碍。巴拿马审计长最近进行的审计揭示了长江和记实业巴拿马港务公司(PPC)涉嫌广泛违反合同,声称该公司欠国家数亿美元未缴税款,并运营“影子公司”。与此同时,北京方面也加大了审查力度,对这笔交易展开了反垄断调查。 审计报告的时机危及了港口出售交易,该交易此前由于北京方面的压力已被推迟,长江和记实业的创始人正在接受对其忠诚度的质询。巴拿马审计长计划提出刑事诉讼并告知海事管理局,这可能导致合同被撤销。虽然黑石首席执行官拉里·芬克对交易获得批准仍持乐观态度,并承认北京的监管审查可能会导致延误,但审计报告已给这笔交易蒙上阴影。这种情况将商业利益与地缘政治紧张局势交织在一起,尤其是在特朗普总统旨在限制中国对巴拿马运河控制权的目标下,他认为巴拿马运河对半球防御至关重要。


原文

The future of CK Hutchison's deal to sell two Panama ports—the Balboa and Cristóbal terminals—to a BlackRock-led consortium is in dire straits after Panama's top auditor revealed widespread contractual breaches and claimed the port operator owes the country hundreds of millions of dollars, reported Bloomberg. This comes shortly after Beijing launched an antitrust probe into the deal while trade war tensions between Washington and China intensified. At its core, the port sale revolves around President Trump's push to secure hemispheric defense by terminating Chinese control from critical parts of the canal. 

On Monday, Panama's Comptroller General, Anel Flores, told reporters that CK Hutchison's Panama Ports Company's (PPC) 2021 renewal of a 25-year port concession was plagued with procedural breaches.

Flores said PPC used tax breaks to evade $850 million in taxes out of the $1.3 billion owed over the first 25 years of the contract period.

Flores accused CK Hutchison of operating "shadow companies" to obscure revenue. He alleged that PPC still owed the Panamanian government $300 million. 

The timing of the audit is another hurdle to CK Hutchison's proposed $22.8 billion sale of 43 global ports to a BlackRock-led consortium, first announced in March. The deal was already delayed last week amid surging pressure from Beijing. 

For weeks, various Chinese media outlets called CK Hutchison's billionaire founder "spineless" and questioned which "side he should stand on." 

Flores warned BlackRock that acquiring the two ports stuck in legal disputes would inherit "breaches and nonpayment." 

Here's more from Bloomberg:

Flores said that he plans to file a criminal complaint with Panama's attorney general's office on Tuesday against the maritime authorities who granted the 2021 contract renewal and against executives of Panama Ports. He said that he will also inform Panama's Maritime Authority of the audit's results, and that agency will need to decide whether to rescind the contract.

BlackRock CEO Larry Fink was asked about the port deal at the Economic Club of New York on Monday. He said regulatory review for anti-competition of the deal could take nine months or more, but overall, he said he was optimistic the transaction would be approved. 

Fink acknowledged that Beijing could derail the deal, emphasizing that it is driven by commercial interests—not geopolitical considerations (Trump's hemispheric defense).

While the Panama port deal appears inevitably delayed, President Trump made the same move by extending the TikTok deadline by 75 days last week. These delayed deals are bargaining chips for Beijing and Trump in an escalating trade war. 

The question remains whether Flores' audit of PCC undermines the legitimacy of its 25-year port concession signed several years ago.

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